ABSTRACT

States have frequently responded to the peaceful protests of persons with disabilities with the arbitrary arrest and imprisonment of human rights disability activists. Such protests have called for affirmative government action to ensure a place at the negotiating table for persons with disabilities in matters pertaining to their participation in political and public life. Freedom of opinion and freedom of expression are essential prerequisites for persons with disabilities to fully-fledged members of society. The Human Rights Committee (HRC)'s reasoning as reflected in the case law can be applied to cases involving alleged breaches of Article 21 Convention on the Rights of Persons with Disabilities (CRPD), which protects the right of persons with disabilities to freedom of expression. The HRC has stressed that Article 19(2) International Covenant on Civil and Political Rights (ICCPR) protects all forms of expression and means of dissemination including the spoken and written word, sign language and non-verbal expressions such as images and artefacts.