The right to equality is considered the basis of coexistence and is a superior right, related to all other human rights. The right to equality, together with the principle of non-discrimination, are widely recognized in international regulations and are transversal throughout international human rights law; both are present in the main treaties.[6]​.

The right to equality is the central theme of the following documents and therefore is found transversally and connected to all its articles:

The right to equality is affected by social inequality, which is the unequal economic and social situation that occurs between citizens of a State or between different countries. This impact on the right to equality occurs due to multiple factors that ultimately translate into systemic oppression, exploitation, marginalization, lack of power to participate and have a voice in decisions that affect public and private life, stereotypes towards disadvantaged groups, physical and/or sexual violence against these groups, etc.

As stated by Kenji Yoshino in the article "The Pressure to Cover",[41]​ equality does not only translate into equal treatment before the law and the guarantee of justice, but also in an adequate application of the laws for non-discrimination, as well as the greatest guarantee of rights, from a transversal approach, in all actions and for every inhabitant of its territory, recognizing its diversity.

Some examples of measures adopted by different States to mitigate social inequality and promote social equality are:

At the international level, the Declaration on Social Progress and Development), proclaimed by the United Nations General Assembly in 1969, proclaims, in its article 1, the right to live with dignity and to freely enjoy the fruits of social progress for all peoples and all human beings, without distinction.[42] In article 2, it is explained that both social progress and social development are based on respect for the dignity and value of the human person, for which is essential to ensure the promotion of human rights and social justice, in addition to "a) The immediate and definitive elimination of all forms of inequality and exploitation of peoples and individuals, of colonialism, of racism, including Nazism and apartheid, and of all other policies and ideology contrary to the principles and purposes of the United Nations; b) The recognition and effective application of civil and political rights and economic, social and cultural rights without any discrimination."[42]​.

The right to equality includes the prohibition of racial discrimination and requires States to adopt special measures to eliminate conditions that cause racial discrimination or contribute to its perpetuation. This prohibition is explicit in all the main human rights instruments, establishes obligations for States and entrusts them with the task of eradicating discrimination in both the public and private spheres.

Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) defines racial discrimination as: “any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal basis, of human rights and fundamental freedoms in the political, economic, social, cultural or any other sphere of life. public.”

In 2001, the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance was held. This produced the Durban Declaration and Program of Action,[43] which includes incidents of contemporary forms of racism and racial discrimination against Africans and people of African descent, Arabs, Asians and people of Asian descent, migrants, refugees, asylum seekers, people belonging to minorities and indigenous peoples, as well as other victims. In April 2009, global progress in overcoming racism was reviewed by the Durban Review Conference.[44]​.

Situations in which the persistent denial of human rights to people belonging to different racial and ethnic groups, as a consequence of racial discrimination, are a serious and systematic violation of human rights. "Racial and ethnic discrimination occurs daily, impeding the progress of millions of people around the world. Racism and intolerance destroy lives and communities through their various manifestations, from depriving people of the fundamental principles of equality and non-discrimination, to fueling ethnic hatred that can lead to genocide."[44]

An extreme example of violation of the right to equality on ethnic grounds by a State is the case of the Rohingya genocide by the State of Myanmar. The citizenship law passed in 1982 has denied nationality, and even the status of human beings, to Rohingya born in Myanmar. The escalation of violence and terror unleashed by the army against this ethnic group has led to hundreds of thousands of Rohingya Muslims seeking refuge in Bangladesh since 2017.

Emily Tendayi Achiume"), the fifth Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance"),[45] said of this case that: “Ethnic-based nationalism that practices Islamophobia or anti-Semitism undermines the rights of Muslims and Jews, regardless of the citizenship of these groups…and the case of the Rohingya Muslims offers a chilling example of this.” Special Rapporteur Achiume also referred generally to groups of people who are victims of violations of the right to equality on racial, ethnic and related intolerance grounds, noting that “[s]ome of these groups are now at greater risk of losing citizenship or resident immigrant status due to popular anxiety and the national security machinery and, at the same time and for the same reasons, are systematically excluded from acquiring citizenship or regularizing their status.” migratory”[46]​.

An example of a violation of the right to equality for racial reasons, which is carried out in subtle ways, is the case of Latin America. Ariel E. Dulitzky in his article, "A region in Denial: Racial Discrimination and Racism in Latin America",[47] maintains that in Latin America racism continues to be perpetuated, in part because in Latin America the very existence of racism in this territory is generally denied (from its population to its institutions). "People in our region of the world tend to hide, distort and cover up the fact that racism and racial discrimination exist in our part of the world. This phenomenon of denial is an impediment in the recognition of the problem and, consequently, hinders effective measures that could be taken to eliminate and prevent racial discrimination."[48] Dulitzky describes three main forms of denial of the existence of racism in the region: literal denial (racism does not exist), interpretive denial (it is not racism but other factors) and denial with justification (what is happening is justified). "In reality, racial discrimination and racism, as well as the failures to recognize this phenomenon and the absence of debate about these problems in Latin America, are simply part and parcel of what could be called the "democratic deficit" that we experience in this region. Equality, in relation to race, gender, ethnicity, etc., is still very far from being seen in the region as an essential and basic requirement for democracy. Equality cannot exist without democracy, nor can democracy exist without equality. Therefore, the fight to solidify democracy is a fundamental step in the fight against racism and racial discrimination."[49]​.

The right to equality includes gender equality, this means that women and men must have the same rights and duties. However, social gender norms, from different legislation to different customs around the world, have historically valued women and men differently. "It is necessary to deactivate harmful gender stereotypes, so that women are not perceived according to the guidelines of what they “should” do but are considered for what they are: unique people, with their own desires and needs."[50]​.

"Women are systematically denied the same labor rights as men. Violence and sexual exploitation, the unequal division of unpaid work - both domestic and caring for others - and discrimination in decision-making in the public sphere are major obstacles that still persist. Climate change and disasters continue to have a disproportionate effect on women and children, as does conflict and migration."[51]​ Therefore, "the practical work of equality between men and women can involve modifying discriminatory norms, countering sexualized violence, increasing the representation of women in decision-making positions, and drawing attention to the way other forms of oppression are related to sex.

The urgency of promoting gender equality is such that it is found within the Sustainable Development Goals of the United Nations Development Program (UNDP), such as Goal 5. The UNDP highlights that "ending all forms of discrimination against women and girls is not only a basic human right, but is also crucial for sustainable development. It has been proven time and again that empowering women and girls has a multiplier effect and helps promote economic growth and development at the global level. worldwide".[51]​.

The lack of access to education and job opportunities is one of the main consequences of the lack of gender equality in the world. According to the UNDP, "103 million young people in the world lack basic literacy skills, and more than 60% of them are women."[53]​ This brings reduced access to economic and productive resources, poor health and well-being conditions, and greater obstacles to participation in decision-making spheres. In labor matters, women still do not have full participation in work and do not enjoy equal monetary remuneration despite carrying out the same activities as men. "Globally, women earn only 77 cents for every dollar men earn doing the same work."[51]​.

In 1979, the Convention on the Elimination of All Forms of Discrimination (CEDAW) was approved. This document summarizes the set of rights that States must guarantee to women in civil, political, economic and social matters. The Convention was approved by the United Nations in 1979 and entered into force on September 3, 1981.

At the Fourth World Conference on Women, held in Beijing in 1995, the importance of incorporating the gender perspective in everything related to the recognition of rights was raised, because gender is transversal to the entire social structure and has differentiated effects on the people to whom the application of a measure or policy is directed. From this conference, the Beijing Declaration and Platform for Action was derived), which has as its main objective the elimination of all forms of discrimination against women and girls.

The Commission on the Status of Women is one of the subsidiary bodies of the Economic and Social Council of the United Nations. This commission is in charge of adopting multi-year work programs and holding sessions where the progress achieved and existing gaps are evaluated. The Commission on the Status of Women is also responsible for making follow-up recommendations on the implementation of the Beijing Declaration and Platform for Action by the different member states, with the main objective being the promotion of gender equality and the empowerment of women. The recommendations and conclusions of the sessions are subsequently sent to ECOSOC for follow-up.

The right to equality also includes equality for the LGBT (Lesbian, Gay, Bisexual and Transgender) population. According to Amnesty International, "in many countries, lesbian, gay, bisexual, transgender and intersex people are imprisoned under laws that criminalize their sexual orientation or gender identity and make kissing a crime. They are tortured to obtain confessions of "deviance" and raped to be "cured" of it."[54] LGBT people are denied the enjoyment of their right to life, liberty and physical integrity, on an equal basis. They are also stripped of their fundamental rights, such as freedoms of association and expression, and their rights to privacy, work, education and medical care are restricted.[54]​.

In 2007, a global charter for LGBT rights, the Yogyakarta Principles: Principles on the application of international human rights law in relation to sexual orientation and gender identity, was presented to the United Nations Human Rights Council in Geneva "Geneva (city)"). These principles have not been adopted by States in the form of a treaty, therefore they do not constitute a binding instrument in themselves. However, its drafters intend for the Yogyakarta Principles to be adopted as a universal norm, that is, an international legal standard with mandatory compliance for States. Since the introduction of the Yogyakarta Principles it is declared that "all human beings are born free and equal in dignity and rights. All human rights are universal, complementary, indivisible and interdependent. Sexual orientation and gender identity are essential for the dignity and humanity of every person and should not be a reason for discrimination or abuse."[55]​.

In June 2016, the Resolution on Protection against violence and discrimination based on sexual orientation and gender identity was approved by the Human Rights Council at the United Nations General Assembly. This resolution: "1. Reaffirms that all human beings are born free and equal in dignity and rights, and that everyone is entitled to the rights and freedoms proclaimed in the Universal Declaration of Human Rights, without distinction of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, economic position, birth or any other status; 2. Deeply deplores the acts of violence and discrimination that, in all regions of the world, are committed against people because of their sexual orientation or gender identity. It is important to keep in mind that gender, as a concept, does not only refer to the binary division between men and women. "Gender is not a simple category. There are people who do not identify as women or men, or who have another sex than the one assigned to them at birth. All people, regardless of their sex, are affected by social gender norms and by how society values ​​groups of women and men."[52]​.

Charles Radcliffe, Head of the Global Affairs and Intergovernmental Organizations Section of the Office of the United Nations High Commissioner for Human Rights (OHCHR), stated that: "Although laws and attitudes towards LGBT people have improved over the years, discrimination is still rampant and can manifest itself in subtle ways." discrimination."[56]​ Radcliffe also noted that "those who oppose equality and the rights of this group often rely on culture, religion and tradition to justify the denial of rights. And although these three factors play an important role in the formation of society and behavior, they can never justify the violation of human rights."[56]​.

The right to equality also covers the right to equality of people with disabilities. This has been discussed in different international law documents:

The Inter-American Convention for the Elimination of All Forms of Discrimination against Persons with Disabilities") was approved on June 7, 1999, by the General Assembly of the Organization of American States. Article 1 of said convention defines disability as "a physical, mental or sensory impairment, whether permanent or temporary in nature, that limits the ability to exercise one or more essential activities of daily living, which may be caused or aggravated by the economic environment and "[57]​ In the same article it is also mentioned that ""discrimination against persons with disabilities" means any distinction, exclusion or restriction based on a disability, history of disability, consequence of previous disability or perception of a present or past disability, which has the effect or purpose of preventing or annulling the recognition, enjoyment or exercise by persons with disabilities of their human rights and fundamental freedoms."[57]​ Later the same article explains that the measures of distinction or preference that States adopt to promote The right to equality of disabled people does not constitute discrimination as long as "the distinction or preference does not in itself limit the right to equality of people with disabilities and that individuals with disabilities are not forced to accept such distinction or preference. In cases in which domestic legislation provides for the figure of the declaration of interdiction, when it is necessary and appropriate for their well-being, this will not constitute discrimination."[57]​.

The International Convention on the Rights of Persons with Disabilities (CRPD) is an international treaty, adopted by the United Nations General Assembly on December 13, 2006. This convention is intended to protect the rights and dignity of persons with disabilities. States parties to the convention have the obligation to promote, protect and guarantee the full enjoyment of the human rights of persons with disabilities and ensure that they enjoy full equality before the law. In this convention, special emphasis is placed on the application of the specific rights established in said convention and explained in articles 8-9, 19-20, 26, 29-31: the right to live independently and be included in the community, to the mobility of persons, habilitation and rehabilitation "Rehabilitation (Medicine)"), and to the right to an adequate standard of living, and to participation in political and public life, and cultural life, recreation and sport. (and Deaf Culture). It is also emphasized that the parties to the convention must raise awareness of the human rights of people with disabilities, and guarantee access to roads, buildings, and information.

The right to equality is considered the basis of coexistence and is a superior right, related to all other human rights. The right to equality, together with the principle of non-discrimination, are widely recognized in international regulations and are transversal throughout international human rights law; both are present in the main treaties.[6]​.

The right to equality is the central theme of the following documents and therefore is found transversally and connected to all its articles:

The right to equality is affected by social inequality, which is the unequal economic and social situation that occurs between citizens of a State or between different countries. This impact on the right to equality occurs due to multiple factors that ultimately translate into systemic oppression, exploitation, marginalization, lack of power to participate and have a voice in decisions that affect public and private life, stereotypes towards disadvantaged groups, physical and/or sexual violence against these groups, etc.

As stated by Kenji Yoshino in the article "The Pressure to Cover",[41]​ equality does not only translate into equal treatment before the law and the guarantee of justice, but also in an adequate application of the laws for non-discrimination, as well as the greatest guarantee of rights, from a transversal approach, in all actions and for every inhabitant of its territory, recognizing its diversity.

Some examples of measures adopted by different States to mitigate social inequality and promote social equality are:

At the international level, the Declaration on Social Progress and Development), proclaimed by the United Nations General Assembly in 1969, proclaims, in its article 1, the right to live with dignity and to freely enjoy the fruits of social progress for all peoples and all human beings, without distinction.[42] In article 2, it is explained that both social progress and social development are based on respect for the dignity and value of the human person, for which is essential to ensure the promotion of human rights and social justice, in addition to "a) The immediate and definitive elimination of all forms of inequality and exploitation of peoples and individuals, of colonialism, of racism, including Nazism and apartheid, and of all other policies and ideology contrary to the principles and purposes of the United Nations; b) The recognition and effective application of civil and political rights and economic, social and cultural rights without any discrimination."[42]​.

The right to equality includes the prohibition of racial discrimination and requires States to adopt special measures to eliminate conditions that cause racial discrimination or contribute to its perpetuation. This prohibition is explicit in all the main human rights instruments, establishes obligations for States and entrusts them with the task of eradicating discrimination in both the public and private spheres.

Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) defines racial discrimination as: “any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal basis, of human rights and fundamental freedoms in the political, economic, social, cultural or any other sphere of life. public.”

In 2001, the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance was held. This produced the Durban Declaration and Program of Action,[43] which includes incidents of contemporary forms of racism and racial discrimination against Africans and people of African descent, Arabs, Asians and people of Asian descent, migrants, refugees, asylum seekers, people belonging to minorities and indigenous peoples, as well as other victims. In April 2009, global progress in overcoming racism was reviewed by the Durban Review Conference.[44]​.

Situations in which the persistent denial of human rights to people belonging to different racial and ethnic groups, as a consequence of racial discrimination, are a serious and systematic violation of human rights. "Racial and ethnic discrimination occurs daily, impeding the progress of millions of people around the world. Racism and intolerance destroy lives and communities through their various manifestations, from depriving people of the fundamental principles of equality and non-discrimination, to fueling ethnic hatred that can lead to genocide."[44]

An extreme example of violation of the right to equality on ethnic grounds by a State is the case of the Rohingya genocide by the State of Myanmar. The citizenship law passed in 1982 has denied nationality, and even the status of human beings, to Rohingya born in Myanmar. The escalation of violence and terror unleashed by the army against this ethnic group has led to hundreds of thousands of Rohingya Muslims seeking refuge in Bangladesh since 2017.

Emily Tendayi Achiume"), the fifth Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance"),[45] said of this case that: “Ethnic-based nationalism that practices Islamophobia or anti-Semitism undermines the rights of Muslims and Jews, regardless of the citizenship of these groups…and the case of the Rohingya Muslims offers a chilling example of this.” Special Rapporteur Achiume also referred generally to groups of people who are victims of violations of the right to equality on racial, ethnic and related intolerance grounds, noting that “[s]ome of these groups are now at greater risk of losing citizenship or resident immigrant status due to popular anxiety and the national security machinery and, at the same time and for the same reasons, are systematically excluded from acquiring citizenship or regularizing their status.” migratory”[46]​.

An example of a violation of the right to equality for racial reasons, which is carried out in subtle ways, is the case of Latin America. Ariel E. Dulitzky in his article, "A region in Denial: Racial Discrimination and Racism in Latin America",[47] maintains that in Latin America racism continues to be perpetuated, in part because in Latin America the very existence of racism in this territory is generally denied (from its population to its institutions). "People in our region of the world tend to hide, distort and cover up the fact that racism and racial discrimination exist in our part of the world. This phenomenon of denial is an impediment in the recognition of the problem and, consequently, hinders effective measures that could be taken to eliminate and prevent racial discrimination."[48] Dulitzky describes three main forms of denial of the existence of racism in the region: literal denial (racism does not exist), interpretive denial (it is not racism but other factors) and denial with justification (what is happening is justified). "In reality, racial discrimination and racism, as well as the failures to recognize this phenomenon and the absence of debate about these problems in Latin America, are simply part and parcel of what could be called the "democratic deficit" that we experience in this region. Equality, in relation to race, gender, ethnicity, etc., is still very far from being seen in the region as an essential and basic requirement for democracy. Equality cannot exist without democracy, nor can democracy exist without equality. Therefore, the fight to solidify democracy is a fundamental step in the fight against racism and racial discrimination."[49]​.

The right to equality includes gender equality, this means that women and men must have the same rights and duties. However, social gender norms, from different legislation to different customs around the world, have historically valued women and men differently. "It is necessary to deactivate harmful gender stereotypes, so that women are not perceived according to the guidelines of what they “should” do but are considered for what they are: unique people, with their own desires and needs."[50]​.

"Women are systematically denied the same labor rights as men. Violence and sexual exploitation, the unequal division of unpaid work - both domestic and caring for others - and discrimination in decision-making in the public sphere are major obstacles that still persist. Climate change and disasters continue to have a disproportionate effect on women and children, as does conflict and migration."[51]​ Therefore, "the practical work of equality between men and women can involve modifying discriminatory norms, countering sexualized violence, increasing the representation of women in decision-making positions, and drawing attention to the way other forms of oppression are related to sex.

The urgency of promoting gender equality is such that it is found within the Sustainable Development Goals of the United Nations Development Program (UNDP), such as Goal 5. The UNDP highlights that "ending all forms of discrimination against women and girls is not only a basic human right, but is also crucial for sustainable development. It has been proven time and again that empowering women and girls has a multiplier effect and helps promote economic growth and development at the global level. worldwide".[51]​.

The lack of access to education and job opportunities is one of the main consequences of the lack of gender equality in the world. According to the UNDP, "103 million young people in the world lack basic literacy skills, and more than 60% of them are women."[53]​ This brings reduced access to economic and productive resources, poor health and well-being conditions, and greater obstacles to participation in decision-making spheres. In labor matters, women still do not have full participation in work and do not enjoy equal monetary remuneration despite carrying out the same activities as men. "Globally, women earn only 77 cents for every dollar men earn doing the same work."[51]​.

In 1979, the Convention on the Elimination of All Forms of Discrimination (CEDAW) was approved. This document summarizes the set of rights that States must guarantee to women in civil, political, economic and social matters. The Convention was approved by the United Nations in 1979 and entered into force on September 3, 1981.

At the Fourth World Conference on Women, held in Beijing in 1995, the importance of incorporating the gender perspective in everything related to the recognition of rights was raised, because gender is transversal to the entire social structure and has differentiated effects on the people to whom the application of a measure or policy is directed. From this conference, the Beijing Declaration and Platform for Action was derived), which has as its main objective the elimination of all forms of discrimination against women and girls.

The Commission on the Status of Women is one of the subsidiary bodies of the Economic and Social Council of the United Nations. This commission is in charge of adopting multi-year work programs and holding sessions where the progress achieved and existing gaps are evaluated. The Commission on the Status of Women is also responsible for making follow-up recommendations on the implementation of the Beijing Declaration and Platform for Action by the different member states, with the main objective being the promotion of gender equality and the empowerment of women. The recommendations and conclusions of the sessions are subsequently sent to ECOSOC for follow-up.

The right to equality also includes equality for the LGBT (Lesbian, Gay, Bisexual and Transgender) population. According to Amnesty International, "in many countries, lesbian, gay, bisexual, transgender and intersex people are imprisoned under laws that criminalize their sexual orientation or gender identity and make kissing a crime. They are tortured to obtain confessions of "deviance" and raped to be "cured" of it."[54] LGBT people are denied the enjoyment of their right to life, liberty and physical integrity, on an equal basis. They are also stripped of their fundamental rights, such as freedoms of association and expression, and their rights to privacy, work, education and medical care are restricted.[54]​.

In 2007, a global charter for LGBT rights, the Yogyakarta Principles: Principles on the application of international human rights law in relation to sexual orientation and gender identity, was presented to the United Nations Human Rights Council in Geneva "Geneva (city)"). These principles have not been adopted by States in the form of a treaty, therefore they do not constitute a binding instrument in themselves. However, its drafters intend for the Yogyakarta Principles to be adopted as a universal norm, that is, an international legal standard with mandatory compliance for States. Since the introduction of the Yogyakarta Principles it is declared that "all human beings are born free and equal in dignity and rights. All human rights are universal, complementary, indivisible and interdependent. Sexual orientation and gender identity are essential for the dignity and humanity of every person and should not be a reason for discrimination or abuse."[55]​.

In June 2016, the Resolution on Protection against violence and discrimination based on sexual orientation and gender identity was approved by the Human Rights Council at the United Nations General Assembly. This resolution: "1. Reaffirms that all human beings are born free and equal in dignity and rights, and that everyone is entitled to the rights and freedoms proclaimed in the Universal Declaration of Human Rights, without distinction of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, economic position, birth or any other status; 2. Deeply deplores the acts of violence and discrimination that, in all regions of the world, are committed against people because of their sexual orientation or gender identity. It is important to keep in mind that gender, as a concept, does not only refer to the binary division between men and women. "Gender is not a simple category. There are people who do not identify as women or men, or who have another sex than the one assigned to them at birth. All people, regardless of their sex, are affected by social gender norms and by how society values ​​groups of women and men."[52]​.

Charles Radcliffe, Head of the Global Affairs and Intergovernmental Organizations Section of the Office of the United Nations High Commissioner for Human Rights (OHCHR), stated that: "Although laws and attitudes towards LGBT people have improved over the years, discrimination is still rampant and can manifest itself in subtle ways." discrimination."[56]​ Radcliffe also noted that "those who oppose equality and the rights of this group often rely on culture, religion and tradition to justify the denial of rights. And although these three factors play an important role in the formation of society and behavior, they can never justify the violation of human rights."[56]​.

The right to equality also covers the right to equality of people with disabilities. This has been discussed in different international law documents:

The Inter-American Convention for the Elimination of All Forms of Discrimination against Persons with Disabilities") was approved on June 7, 1999, by the General Assembly of the Organization of American States. Article 1 of said convention defines disability as "a physical, mental or sensory impairment, whether permanent or temporary in nature, that limits the ability to exercise one or more essential activities of daily living, which may be caused or aggravated by the economic environment and "[57]​ In the same article it is also mentioned that ""discrimination against persons with disabilities" means any distinction, exclusion or restriction based on a disability, history of disability, consequence of previous disability or perception of a present or past disability, which has the effect or purpose of preventing or annulling the recognition, enjoyment or exercise by persons with disabilities of their human rights and fundamental freedoms."[57]​ Later the same article explains that the measures of distinction or preference that States adopt to promote The right to equality of disabled people does not constitute discrimination as long as "the distinction or preference does not in itself limit the right to equality of people with disabilities and that individuals with disabilities are not forced to accept such distinction or preference. In cases in which domestic legislation provides for the figure of the declaration of interdiction, when it is necessary and appropriate for their well-being, this will not constitute discrimination."[57]​.

The International Convention on the Rights of Persons with Disabilities (CRPD) is an international treaty, adopted by the United Nations General Assembly on December 13, 2006. This convention is intended to protect the rights and dignity of persons with disabilities. States parties to the convention have the obligation to promote, protect and guarantee the full enjoyment of the human rights of persons with disabilities and ensure that they enjoy full equality before the law. In this convention, special emphasis is placed on the application of the specific rights established in said convention and explained in articles 8-9, 19-20, 26, 29-31: the right to live independently and be included in the community, to the mobility of persons, habilitation and rehabilitation "Rehabilitation (Medicine)"), and to the right to an adequate standard of living, and to participation in political and public life, and cultural life, recreation and sport. (and Deaf Culture). It is also emphasized that the parties to the convention must raise awareness of the human rights of people with disabilities, and guarantee access to roads, buildings, and information.