Disability discrimination in the provision of health insurance: Article 25(e) of the UN convention on the rights of persons with disabilities

Abstract

Article 25(e) of the CRPD obliges State Parties to “prohibit discrimination against persons with disabilities in the provision of health insurance… which shall be provided in a fair and reasonable manner”. Equal access to health insurance is critical in ensuring that persons with disabilities can enjoy the highest attainable standard of health. However, the scope and substance of Article 25(e) have not been examined in existing scholarship on the CRPD. Standing at the intersection of international human rights law, disability studies and insurance law, this article fills the lacuna by offering a balanced interpretation of Article 25(e) that aims to strike a balance between actuarial fairness and the CRPD’s prohibition against all forms of disability discrimination. Greater clarity in the interpretation of Article 25(e) would therefore assist State Parties in properly complying with their obligations under the CRPD. Civil society, including disabled people and their representative organizations, would also be empowered to hold their governments to account where the laws and policies in the country have fallen short of what is expected under Article 25(e).