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)