Article 18 [Liberty of Movement and Nationality]

Before the advent of the Convention on the Rights of Persons with Disabilities, the rights of persons with disabilities generally and in the context of migration have been supported in a very piecemeal fashion. While the relevant international instruments provide for the universality of human rights, the practical application of these rights to people with disabilities is far different. Overcoming the limitations of antecedent international instruments, Article 18 of the CRPD guarantees the equality of persons with disabilities in the enjoyment of the freedom of movement and nationality. No additional rights are granted to people with disabilities in respect of the right to enter or remain in a Country. The specificity of Article 18 in the context of disability lies on the identification of the circumstances in which persons with disabilities, including children, are more discriminated, namely i. acquisition and change of nationality, ii. possess and utilization of documentation of nationality or identification, and access to immigration proceedings, iii. return to own Country.