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

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

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)

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.’

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

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?

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)