CRPD/C/GC/3
(c)
“Multiple discrimination” refers to a situation in which a person experiences
discrimination on two or more grounds, leading to discrimination that is compounded or
aggravated. 3 “Intersectional discrimination” refers to a situation where several grounds
interact with each other at the same time in such a way as to be inseparable.4 Grounds for
discrimination include age, disability, ethnic, indigenous, national or social origin, gender
identity, political or other opinion, race, refugee, migrant or asylum seeker status, religion,
sex and sexual orientation.
5.
Women with disabilities are not a homogenous group. They include indigenous
women; refugee, migrant, asylum-seeking and internally displaced women; women in
detention (hospitals, residential institutions, juvenile or correctional facilities and prisons);
women living in poverty; women from different ethnic, religious and racial backgrounds;
women with multiple disabilities and high levels of support; women with albinism; and
lesbian, bisexual and transgender women, as well as intersex persons. The diversity of
women with disabilities also includes all types of impairments, in other words physical,
psychosocial, intellectual or sensory conditions that may or may not come with functional
limitations. Disability is understood as the social effect of the interaction between
individual impairment and the social and material environment, as described in article 1 of
the Convention on the Rights of Persons with Disabilities.
6.
Gradual changes in law and policy have occurred since the 1980s and the
recognition of women with disabilities has increased. Jurisprudence developed under the
Convention on the Rights of the Child and the Convention on the Elimination of All Forms
of Discrimination against Women have highlighted concerns that need to be addressed
regarding women and girls with disabilities and recommendations to be implemented. At a
policy level, various United Nations bodies have started addressing issues facing women
with disabilities and a number of regional strategies addressing disability-inclusive
development include them.
7.
Article 6 of the Convention on the Rights of Persons with Disabilities is a response
to the lack of recognition of the rights of women and girls with disabilities, who worked
hard to have that article included in the treaty. Article 6 reinforces the non-discriminatory
approach of the Convention, in particular in respect of women and girls, and requires that
States parties go beyond refraining from taking discriminatory actions to adopting measures
aimed at the development, advancement and empowerment of women and girls with
disabilities and the promotion of measures to empower them by recognizing that they are
distinct rights holders, providing channels to have their voice heard and to exercise agency,
raising their self-confidence and increasing their power and authority to take decisions in all
areas affecting their lives. Article 6 should guide States parties to comply with their
Convention-related responsibilities to promote, protect and fulfil the human rights of
women and girls with disabilities, from a human rights-based approach and a development
perspective.
8.
Gender equality is central to human rights. Equality is a fundamental human rights
principle that is inherently relative and context-specific. Ensuring the human rights of
women requires, first and foremost, a comprehensive understanding of the social structures
and power relations that frame laws and policies, as well as of economic and social
dynamics, family and community life, and cultural beliefs. Gender stereotypes can limit
women’s capacity to develop their own abilities, pursue professional careers and make
choices about their lives and life plans. Both hostile/negative and seemingly benign
3
4
2
See Committee on the Elimination of Discrimination against Women, general recommendation No.
25 (2004) on temporary special measures, para. 12.
Ibid., general recommendation No. 28 (2010) on the core obligations of States parties under article 2
of the Convention on the Elimination of All Forms of Discrimination against Women, para. 18.