Do constitutions take at least one approach to equity across disability?



 

This map tells us whether nations include measures to promote equity for persons with disabilities in their constitution.

Only constitutional provisions are included in this map. Legislative protections are not shown here. Read more about why constitutions matter.

More information:

  • Approaches to equity include prohibitions of discrimination against persons with disabilities, guarantees of equal rights, guarantees of equality before the law, and guarantees of overall equality for persons with disabilities. 
    1. Prohibition of discrimination refers to a general protection against discrimination (e.g. “No one may be discriminated against on the basis of disability”).
    2. Equal rights refer to a guarantee of being able to enjoy rights granted in the constitution (e.g. “Persons with disabilities enjoy equal rights”).
    3. Equality before the law refers to a guarantee of equal protection before the law (e.g. “All persons are equal before the law regardless of mental and physical disability”).
    4. Equality refers to a guarantee of a general right to equality or equal opportunities (e.g. “The State guarantees equality for persons with disabilities”).
  • No, none means that the constitution does not explicitly mention the right to equity for persons with disabilities. This does not mean that the constitution denies this right, but that it does not explicitly include it. The right to equity may also be guaranteed for all citizens, but not specifically to persons with disabilities.
  • Aspirational means that the constitution protects the general right to equity for persons with disabilities but does not use language strong enough to be considered a guarantee. For example, constitutions in this category might state that the country aims to protect or promote equity regardless of disability.
  • Guaranteed with exceptions includes cases where equity is guaranteed for persons with disabilities but there are stated exceptions such as if “their disability prevents them from exercising” their rights.
  • Guaranteed means that the constitution protects the right to equity for persons with disabilities in authoritative language. For example, constitutions in this category might guarantee persons with disabilities’ right to equity or make it the State’s responsibility to ensure equity regardless of disability.
  • On mouseover on the map, a note may appear for some countries which indicates “potential positive action”. This is a measure or measures that may be taken to promote equity for persons with disabilities. Positive action can be framed in guaranteed terms (e.g., “the State shall adopt measures of affirmative action for persons with disabilities”) or in terms that leave open the possibility for positive action (e.g., “Nothing in this article shall prevent the State from taking measures to promote equality for persons with disabilities, in order to address past discrimination against them”).