Article 5 [Equality and Non-Discrimination]

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) treats the principle of equality and non-discrimination as a leitmotif and provides for its sound reinforcement in disability discrimination law under several aspects. First, the Convention strengthens the idea that persons with disabilities are equally entitled to the protection of their rights with all others individuals, by recognizing that any discrimination on the basis of disability constitutes a violation of the inherent dignity and worth of human person, intended as humankind (Preamble, alinea h). Second, it gives meaning to the concept of equality of opportunity for persons with disabilities, which is a different concept from equal treatment because it requires the adoption of positive measures. Finally, the CRPD provides for a robust definition of discrimination on the basis of disability in Article 2, which introduces a novel principle stating that the denial of reasonable accommodation is a form of discrimination on the basis of disability and not limiting it to employment matters.