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Understanding Equality Through the Lens of the UN Disability Convention

This article by Oddný Mjöll Arnardóttir explores the concept of equality as it is articulated in the UN Disability Convention (CRPD). It discusses key paradigm shifts from social policy approaches to a focus on human rights, emphasizing the indivisibility of civil and political rights (CPR) and economic, social, and cultural rights (ESCR). The piece highlights the fundamental principles of non-discrimination and equality within the Convention, differentiating between formal and substantive equality. It calls for a nuanced understanding of disability that acknowledges individual differences and social context.

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Understanding Equality Through the Lens of the UN Disability Convention

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  1. Oddný Mjöll Arnardóttir The concept of equality reflected in the UN Disability Convention

  2. Oddný Mjöll Arnardóttir • Themes and paradigm shifts • From social policy to human rights • From dichotomy to indivisibility of CPR / ESCR • From formal to substantive equality

  3. Oddný Mjöll Arnardóttir • Two basic premises of the Convention • Based on a principle of equality and non-discrimination to ensure the full and equal enjoyment of all human rights by persons with disabilities • CRPD, Article 1 • CRPD, Article 3 • Previous efforts unsuccesful in fact • CRPD, Preamble (k)

  4. Oddný Mjöll Arnardóttir • The equality principle: • ‘...it should be noted that the non-discrimination and equality principles are closely intertwined. For example, the principle of equality requires that equal situations are treated equally and unequal situations differently. Failure to do so will amount to discrimination unless an objective and reasonable justification exists.’

  5. Oddný Mjöll Arnardóttir • Formal equality • Equals shall be treated equally... • “Sameness” • Comparability to prevailing standard • Symmetry • Equal treatment irrespective of unequal results • Exclusive focus on negative obligations

  6. Oddný Mjöll Arnardóttir • Substantive equality • ...and differences shall be treated differently • Asymmetry • Treatment conducive towards equal results • Acknowledgment of positive obligations • Individual difference or social-contextual disadvantage?

  7. Oddný Mjöll Arnardóttir • The CRPD in context • Rejects formal/symmetrical equality • The acknowledged need for a convention that tailors existing equal rights to specific realities • CRPD, Article 2 • CRPD, Article 5 • Emphasises social-contextual understanding of disability • CRPD, Article 1 • CRPD, Article 6 • CRPD, Preamble (p)

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