1. States should adopt a range of positive measures – including in the fields of media regulation, education, social security, health care, access to goods and services, immigration, crime, sport and culture – to tackle prejudice and discrimination against persons with disabilities, including:
a) Creating independent equality institutions, with proper financial support, and with mandates to develop data collection mechanisms and to promote empirical and other research on discrimination on grounds of disability;
b) Conducting public education and information campaigns to combat prejudices, negative stereotypes of, and discrimination against, persons with disabilities and foster enabling environments for persons with disabilities in society. Such campaigns should be integrated into primary, secondary and tertiary education, and complemented with concrete anti-bullying policies, including the provision of support services for victims of bullying, including peer-led initiatives;
c) Imposing obligations on public officials at all levels, including ministers, to avoid as far as possible making statements that promote discrimination or undermine the equality of persons with disabilities. For civil servants, this should be reflected in formal codes of conduct or employment rules;
d) Providing trainings for public officials and other public figures on the rights of persons with disabilities, including the right to freedom of expression and the right to equality and non-discrimination, particularly where discrimination might be institutionalised or go unchallenged, such as in schools and other educational settings, the medical profession, the judiciary, legal services or political associations;
e) Mainstreaming disability to their work through making the concerns and experiences of persons with disabilities an integral part of the design, implementation, monitoring and evaluation of their policies and programmes. This requires that all measures, programmes, services and practices are assessed to determine their impact on the participation of persons with disabilities, instead of simply assuming their neutrality.
2. Prohibitions of incitement to discrimination, hostility and violence and “hate speech” should include disability among protected grounds and comply with international freedom expression standards, which include:
a) The criminalisation of incitement to violence, hostility and discrimination against persons with disabilities should be narrowly construed and criminal sanctions should not be the only measures used when prohibiting incitement, but rather be the last resort when imposing sanctions;
b) A variety of civil and administrative remedies should be available to persons with disabilities who are victims of incitement and/or “hate speech” and states should also consider alternative forms of remedy for victims;
c) The judiciary, law enforcement authorities and public bodies should consider the perspective of victims with disabilities when deciding incitement and “hate speech” cases.