IACHR releases report on the rights of people with disabilities

May 13, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) has published "The Situation of the Rights of Persons with Disabilities in the Americas, its first thematic report on this issue. The report presents a comprehensive overview of the systemic exclusion and discrimination experienced by people with disabilities across the Americas and puts forward concrete recommendations for States to safeguard and uphold their human rights.

The report explores different conceptual frameworks for understanding disability, highlighting how stigmatizing paradigms have perpetuated the mistaken notion that disability is an individual pathology that must be "corrected." In contrast, the IACHR underscores the social model of disability as the most appropriate framework for implementing both inter-American and international legal standards for the protection of disability rights.

From this perspective, the report assesses the current human rights situation of people with disabilities, including their access to economic, social, cultural, and environmental rights, as well as their political participation. It also showcases good practices observed in some States to acknowledge and guarantee the rights of people with disabilities, such as adopting legislative reforms and public policies that promote labor inclusion and ensure the rights to education and healthcare. These efforts align with the legal standards established by the Convention on the Rights of Persons with Disabilities and the Inter-American Convention for the Elimination of All Forms of Discrimination Against Persons with Disabilities, along with their respective interpretations.

The report emphasizes the right to legal capacity, which it identifies as a crucial right necessary for the exercise of all other rights. In it, the IACHR highlights progress and ongoing challenges in this area, emphasizing the urgent need for States to move away from substituted decision-making models and toward frameworks that fully recognize the legal capacity of people with disabilities, respecting their autonomy and right to make decisions with or without support.

The IACHR ends the report with a series of specific recommendations for States across the region, encouraging them to respect and uphold disability rights. Specifically, it calls for the full and integrated adoption of the social and human rights model across legislation, regulations, judicial decisions, and public policy on disability. It also urges the development of clear legal frameworks, including specific provisions to protect disability rights and prevent and punish violations of these.

The IACHR hopes that the publication and circulation of this report will raise awareness about the challenges and opportunities faced by people with disabilities as rights-holders within the inter-American system. It also reaffirms its commitment to providing technical support to States in their efforts to implement inter-American standards practically and effectively.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

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