General Comments, Recommendations and Resolutions

In 1994, the Committee on Economic, Social and Cultural Rights adopted General Comment No. 5 on persons with disabilities.⁹¹ In Comment No. 5, the Committee interpreted the Covenant on Economic, Social and Cultural Rights to include disability rights. The General Comment states:

"The Covenant does not refer explicitly to persons with disabilities. Nevertheless, the Universal Declaration of Human Rights recognizes that all human beings are born free and equal in dignity and rights and, since the Covenant’s provisions apply fully to all members of society, persons with disabilities are clearly entitled to the full range of rights recognized in the Covenant. In addition, in so far as special treatment is necessary, States parties are required to take appropriate measures, to the maximum extent of their available resources, to enable such persons to seek to overcome any disadvantages, in terms of the enjoyment of the rights specified in the Covenant, flowing from their disability. Moreover, the requirement contained in article 2 of the Covenant that the rights ‘enunciated’ will be exercised without discrimination of any kind - based on certain specified grounds ‘or other status’ clearly applies to discrimination on the grounds of disability."

Comment No. 5 recognizes both the MI principles and the Standard Rules. It recognizes the right to community integration including the right to receive medical and social services that enable full participation. General Comment No. 5 interprets the right to health as part of the general requirement to promote individual independence and social integration. ⁹²

The objectives of General Comment No. 5 are complemented by General Comment No. 14. This Comment calls on states to develop a range of community services for persons with mental disabilities.⁹³

Subsequent resolutions passed by the United Nations Human Rights Commission in 1998 and 2000⁹⁴ continue to advance the human rights of persons with disabilities at the international level.

In addition, the Committee on the Elimination of All Forms of Discrimination Against Women issued a specific General Recommendation No. 18 encouraging state parties to report on the status of women with disabilities. It is assumed that such reports would include obstacles encountered by women with disabilities regarding their participation in the political, social, economic and cultural life of their country. Indeed, the discriminatory impact of CSC's security classification on FSW with mental disabilities was noted by the Canadian Feminist Alliance for International Action in its report to the Committee on the Elimination of Discrimination Against Women.⁹⁵

In summary, the MI Principles, and the Standard Rules together with the various Comments, Recommendations and Resolutions formulate an international starting point for establishing a right to community integration for persons with disabilities.⁹⁶ They also confirm that it is discriminatory to institutionalize persons with disabilities who are capable of living in the community.⁹⁷