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The right of persons with disabilities to social protection 2015, para. 5
- Paragraph text
- While there is no internationally agreed definition of social protection, the term is most commonly used to refer to a variety of public and private interventions aimed at securing the well-being of a person in the event of social risk and need, such as (a) lack of work-related income, (b) unaffordable access to health care and (c) insufficient family and child support. In the present report, social protection is understood broadly to cover a variety of interventions designed to guarantee basic income security and access to essential social services, with the ultimate goal of achieving social inclusion and social citizenship.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 6
- Paragraph text
- Most social protection systems comprise contributory and non-contributory programmes, which can include universal benefit schemes, social insurance, social assistance and public employment programmes. Benefits can include child and family benefits, sickness and health-care benefits, disability benefits, old age and survivor benefits, employment injury benefits, unemployment benefits and employment guarantees, maternity benefits, income support and other benefits in cash and in kind. Social protection can be provided in many ways, with States establishing programmes according to their particular context and historical background.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 7
- Paragraph text
- Social protection programmes have the potential to directly affect the lives of persons with disabilities. Indeed, they can play a crucial role in reducing the consequences of sudden life-changing experiences (e.g., the loss of employment or a change in the family structure) and in crisis response, by contributing to alleviate the economic and social effects of economic downturns. They can also play a crucial role in alleviating and preventing poverty and vulnerability, promoting effective access to health care and other services, and foster social inclusion and participation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 10
- Paragraph text
- The implementation of nationally defined social protection floors is a welcome human rights-based strategy to promote the participation and the social inclusion of persons with disabilities. The Social Protection Floors Recommendation No. 202 (2012) of the International Labour Organization (ILO) represents an important commitment of States to the establishment of national social protection floors, providing basic social security guarantees, including at least a basic level of income security and access to essential social services for all, including persons with disabilities, across the life cycle.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 12
- Paragraph text
- Accordingly, as reflected in the outcome document of the high-level meeting of the General Assembly on disability and development, an adequate interpretation of the ILO recommendation should result in the situation of persons with disabilities being considered as a cross-cutting issue. The needs and rights of all persons with disabilities must be carefully taken into consideration, with a view to achieving universal coverage and social inclusion, reducing poverty and marginalization, avoiding discrimination and achieving equality as a matter of principle throughout the life cycle.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 13
- Paragraph text
- By the time the Special Rapporteur presents this report, the General Assembly will have already adopted the Sustainable Development Goals. The draft final outcome document and the Addis Ababa Action Agenda, adopted in July 2015, include important references to persons with disabilities. This reflects a growing consensus among States and successful advocacy by the disability community regarding a critical message: one of the reasons why the Millennium Development Goals have fallen short of reaching the set milestones is that persons with disabilities were completely absent from that framework.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 14
- Paragraph text
- Social protection is a fundamental tool for achieving the proposed targets and goals, as mentioned in proposed goal 1 (End poverty in all its forms everywhere), 5 (Achieve gender equality and empower all women and girls) and 10 (Reduce inequality within and among countries). In relation to persons with disabilities, goal 1 should be addressed in the short term by mainstreaming disability in all social protection and poverty reduction programmes - a task that remains a global challenge. Social protection should further be used as an important instrument for pursuing other proposed goals in the context of disability, including those of ensuring healthy lives and well-being, guaranteeing inclusive, equitable quality education, promoting lifelong learning and opportunities for all, and promoting full and productive employment and decent work for all. The Addis Ababa Action Agenda highlights the importance of financing sustainable and nationally appropriate social protection systems with a focus on persons with disabilities, among others.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 15
- Paragraph text
- Social protection should be aimed at achieving universality and, thus, at contributing to the objective of the enjoyment by all persons of an adequate standard of living. Universal social protection involves comprehensive systems that guarantee income security and support services for all persons across the life cycle, paying particular attention to those experiencing poverty, exclusion or marginalization. At the same time, universal social protection should entail inclusiveness, i.e. take into account the particular circumstances of all persons, including those with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 16
- Paragraph text
- The objective of universal social protection, already reflected in ILO recommendation No. 202, has recently been endorsed by the World Bank and ILO in a joint initiative. As co-chairs of the Social Protection Inter-agency Cooperation Board, and together with other United Nations agencies and development partners represented on the Board, both institutions can play a major role in promoting social protection responses that are inclusive of persons with disabilities, and in providing guidance to States on how to include a disability perspective into their national social protection systems.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 17
- Paragraph text
- The Universal Declaration on Human Rights recognizes the right of everyone to social security (art. 22) and affirms that everyone has the "right to a standard of living adequate for the health and well-being of himself and of his family" and the "right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control" (art. 25). Subsequently this right has been codified in several international and re gional human rights instruments, which also include non-discrimination clauses, thus reaffirming that the right to social security entails an obligation for States to prohibit any form of discrimination related to the enjoyment of this right.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 19
- Paragraph text
- In this context, the adoption of the Convention on the Rights of Persons with Disabilities represents a major step towards disability-inclusive social protection. Article 28 refers for the first time in an international instrument to the right to socia l protection and links it to the right to an adequate standard of living, with reference to adequate food, clothing and housing, and the continuous improvement of living conditions. It also tailors the right to social protection to persons with disabilitie s, recognizing that they must enjoy this right without discrimination on the basis of disability, and establishes a pathway for their inclusion in all efforts related to the realization of this right.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 21
- Paragraph text
- Social protection also resonates in other provisions of the Convention, including in relation to the right to live independently and be included in the community (art. 19), respect for home and the family (art. 23), education (art. 24), health (art. 25), habilitation and rehabilitation (art. 26) and work and employment (art. 27). Importantly, social protection interventions should be measured against the Convention's principles of non-discrimination, participation and inclusion, equal opportunities, accessibility, and equality between men and women (art. 3).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 23
- Paragraph text
- Traditional disability-welfare approaches have been instrumental in building and spreading the medical model of disability worldwide, since they were part of a societal structure that considered disability as a medical problem, and persons with disabilities as unable to work, cope independently or participate in society. Unsurprisingly, these approaches triggered further segregation and loss of self - determination. Children with disabilities were sent to special schools and persons with disabilities received medical attention and rehabilitation in segregated settings, along the lines of "fixing" or "curing" them while disregarding their own will. When persons with disabilities were granted disability benefits, this was often based on the premise that they were not able to work.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 24
- Paragraph text
- Therefore, social protection for persons with disabilities needs to move towards intervention systems that promote active citizenship, social inclusion and community participation, while avoiding paternalism, dependence and segregation. The ultimate aim is to achieve the right to live independently and be included in the community, in line with article 19 of the Convention, which creates an obligation for States to ensure that persons with disabilities enjoy: choice on an equal basis with others about life-shaping decisions (e.g., where and with whom they wish to live), and thus control over their own lives; access to necessary support services as a condition for free choice on an equal basis with others (including the provision of personal assistance); and access to all community services available to others, including in the context of the labour market, housing, transportation, health care and education.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 25
- Paragraph text
- Poverty affects persons with disabilities in a disproportionate manner. They are overrepresented among the poorest in the world, experiencing higher rates of poverty and deprivation, and lower levels of income than the general population. A study using comparable data and methods across 15 developing countries in Africa, Asia, and Latin America and the Caribbean found a significant association between disability and multidimensional poverty in at least 11 of the countries studied. Persons with disabilities are also at a significantly higher risk of relative income poverty in most countries of the Organization for Economic Cooperation and Development (OECD), with poverty rates for persons with disabilities exceeding 30 per cent in some countries. Similarly, contributions to the present report illustrate the existence of high poverty rates among persons with disabilities in both developed and developing countries.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 26
- Paragraph text
- The exclusion of persons with disabilities from the labour market contributes significantly to explaining these poverty levels. Working-age adults with disabilities experience low employment rates and salaries worldwide. A study in 10 developing countries shows that unemployment and labour inactivity range from 32 to 1 00 per cent among people with disabilities, depending on the level of the impairment. Those who work do so primarily in the informal sector, which increases their likelihood of receiving a wage below the minimum rate and of not being covered by social insurance. Persons with psychosocial and intellectual disabilities are less likely to be employed than other persons with disabilities. In OECD countries, the employment rate of persons with disabilities is on average 40 per cent lower than the overall level, while the unemployment rate is twice as high. According to ILO, the economic loss related to the exclusion of persons with disabilities from the labour market in low- and middle-income countries is between 3 and 7 per cent of the gross domestic product.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 27
- Paragraph text
- Discrimination and stigma, unequal opportunities, and physical and attitudinal barriers are also causes for the social exclusion and poverty of persons with disabilities. Lack of education, in particular, has a significant impact on poverty in adulthood of persons with disabilities. As research shows, persons with disabilities with higher educational attainments have considerably higher employment and income rates. Nonetheless, children and youth with disabilities are less likely to attend school or to be promoted in school, which affects their opportunities for future employment. Furthermore, measures such as the arrest of homeless persons have a disproportionate impact on persons with psychosocial disabilities and may criminalize persons in need of support.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 28
- Paragraph text
- Poverty reduction programmes do not adequately include persons with disabilities. Research suggests that social protection programmes do not meet the needs of persons with disabilities. For example, a recent study in two developing countries reveals that, despite the significant poverty gap between persons with disabilities and the general population, social protection programmes often do not specifically include persons with disabilities or respond to their specific needs. This constitutes a missed opportunity, given that in the past decade most developing countries have implemented new poverty reduction programmes (including cash transfers and public employment schemes) that could have benefited persons with disabilities and supported their exit out of poverty.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 29
- Paragraph text
- Persons with disabilities incur a range of common daily expenditures that persons without disabilities do not. They include extra costs for the person and the family to purchase goods and services, such as health care, transportation, assistive devices, personal assistance and house adaptation. On the one hand, some of these goods and services are entirely disability-related, such as mobility aids, appropriate and adapted devices and assistive technologies (including information and communications systems) and various forms of live assistance and intermediaries (e.g., personal assistance services and service animals). However, many of these goods and services are not available through or covered by national social protection systems. On the other hand, persons with disabilities may pay higher prices for accessing the same goods and services as other people (e.g., private health and life insurance, when available) and consume larger amounts of certain non-specialized goods and services, such as food, heating, personal care, laundry, and telephone and Internet services, thus incurring considerable extra costs.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 30
- Paragraph text
- Importantly, many of these extra costs are directly related to lack of accessibility. An obvious example is transportation, where a person with a disability may be obliged to use taxis on a daily basis owing to the non-accessibility of the public transport system. Lack of accessibility also reduces the options for obtaining other goods and services. For instance, persons with disabilities often incur considerably higher expenditures for basic items such as food or clothing because they have no alternative to shopping locally or relying on others, thus preventing them from benefiting from bargains. Accessible services can also be more costly than their non-accessible equivalents.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 31
- Paragraph text
- While the extra cost of disability varies greatly depending on the availability and financial accessibility of goods and services, researchers have calculated that it can amount to almost 50 per cent of an individual's income. A recent study on older persons with disabilities estimates that, on average, disability costs are approximately 65 per cent higher than the net weekly pre-disability household income. In addition, the economic cost of living with a disability includes foregone benefits or opportunity costs (e.g., lost income of individuals with disabilities or of family members who cannot work, or who work less, if the household includes one or more persons with disabilities), the impact of which depends on many factors, including the type of impairment, the household's socioeconomic status, the individual's work status and the policy context (e.g., the existence of disability benefits).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 32
- Paragraph text
- Accordingly, the extra cost of disability has significant consequences for persons with disabilities and may lead to a lower standard of living and to poverty when households cannot afford these expenditures. Contributions to the present report illustrate that many persons with disabilities cannot afford education and health services owing to the additional costs incurred because of disability, while they also face significant barriers to accessing health care, such as non-affordable or inadequate health services, discrimination in public and private health insurance, and insufficient insurance coverage. Catastrophically high health expenditures are preponderant among persons with disabilities, across all gender and age groups. Consequently, the burden of disability-related extra costs can easily nullify the enjoyment of other human rights, including living independently and with freedom of choice in any given society.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 33
- Paragraph text
- States should therefore provide social protection programmes that cover disability-related expenditures, to prevent a significant deterioration of standard of living and to prevent poverty. While evidence suggests that social benefits contribute positively to reducing the at-risk-of-poverty rates for persons with disabilities, in practice very few States have established flexible systems that cover disability-related costs. In most cases, benefits are static, provided in fixed lump sums without account being taken of the individual's particular situation and needs.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 35
- Paragraph text
- States should prioritize social protection policies to ensure the well-being of children and adolescents with disabilities and their families; to enable them to realize their full potential through inclusive and adequate services and support measures (especially in the education and health sectors); and to combat poverty. In effect, families with children with disabilities are disproportionately more likely to fall below the poverty line, as disability in childhood is often the catalyst for poverty owing to disability-related extra costs, family break-ups and unemployment following the onset of disability. Poverty, in turn, remains the main cause of malnutrition, school dropout, abandonment and institutionalization of children with disabilities. States should adopt inclusive and barrier-free social protection systems as they can have a life-changing impact on children and adolescents with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Adolescents
- Children
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 36
- Paragraph text
- Social protection plays an important role for women and men with disabilities of working age, by stabilizing and protecting their income in the event of unemployment, sickness or inactivity, and by ensuring at least a basic level of income security. Effective measures to support persons with disabilities in finding and retaining quality employment are an essential element of non-discriminatory and inclusive policies that help them realize their rights and aspirations as productive members of society. Social protection also contributes to meeting their health care, maternal protection and social participation needs.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 37
- Paragraph text
- Persons with disabilities who have not acquired entitlements to a contributory pension during their working lives face considerable difficulties in maintaining an adequate level of income security towards the end of their lives, when adequate non-contributory pensions are not available. Moreover, as they are often less likely to have a partner or to marry, intra-family support as an additional source of income security is often insufficient and unreliable. Therefore, social protection programmes are necessary to guarantee income security for older persons with disabilities and to provide support services. As disability rates are considerably higher among older persons, there is a growing demand for health and social care and support services to enable them to continue living independently and with dignity.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 38
- Paragraph text
- Women and girls with disabilities face many difficulties in accessing adequate housing, health care, education, vocational training and employment, and are more likely to be institutionalized and experience poverty. The Convention on the Rights of Persons with Disabilities recognizes that women and girls with disabilities are subject to multiple forms of discrimination, and provides for their equal and full enjoyment of all human rights and fundamental freedoms. It also requires States to ensure that they have equal access to social protection and poverty reduction programmes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 39
- Paragraph text
- Accordingly, States must ensure that social protection programmes address the imbalances of power and the multiple forms of discrimination experienced by women and girls with disabilities. States should take steps to eliminate the barriers that prevent them from accessing social protection programmes and ensure that social protection systems take into account both disability-related and gender-related factors in the design and implementation of such programmes. Non-contributory schemes, in particular, play an important role, as women with disabilities are often excluded from the formal labour market. States should also acknowledge the role of women with disabilities as caregivers, including older women with disabilities, by providing them with appropriate assistance to perform care responsibilities without reinforcing patterns of discrimination and negative stereotyping.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 41
- Paragraph text
- Social protection systems must also respond to the needs of heterogeneous groups within the disability community, including those that may be easily forgotten in policymaking, such as deaf persons, autistic persons, and persons with psychosocial or intellectual disabilities. Impairment-specific considerations may be relevant for the purpose of providing targeted support services, for instance for people who are blind, deaf or deaf-blind. It is worth noting, however, that traditional disability-welfare approaches under the medical model de facto promoted inequality among the diversity of persons with disabilities by adopting legislation that benefited certain groups of persons with disabilities while excluding others. The deprivation of legal capacity faced by many persons with disabilities has also led to systematic discrimination in accessing their right to social protection and control over support provided.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 42
- Paragraph text
- To ensure a comprehensive social protection system, States have an obligation to adopt national strategies and plans of action that consider the equal rights of persons with disabilities. In this regard, the design, implementation and monitoring of those strategies and action plans must comply with the Convention on the Rights of Persons with Disabilities. Similarly, targets or goals have to include disability - specific benchmarks and indicators, to monitor and evaluate whether social protection systems benefit persons with disabilities or not.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 43
- Paragraph text
- States have to include the right of persons with disabilities to social protection in their domestic legal framework. Where national legal frameworks define entitlements to social protection benefits, rights-holders have a legal ground to claim their rights, and the system as a whole tends to be more stable and sustainable. While the contributions to the present report illustrate a variety of approaches, existing legislation generally falls short in guaranteeing this right in its full extent to persons with disabilities on an equal basis with others. It is encouraging to note, however, that, in line with their obligations under the Convention, States have started an analysis to assess where they stand and identify legislative gaps. This analysis is an important step for States to take towards a comprehensive harmonization process, where national legislation, policies, customs and practices are measured against the principles, rights and obligations of the Convention.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 45
- Paragraph text
- States must also review their institutional frameworks to ensure that persons with disabilities are adequately included in social protection systems. In principle, these frameworks must bring coherence and coordination, rather than fragmentation, across programmes, actors and levels of government responsible for implementing social protection policies. In practice, however, disability-related social protection initiatives are too often disconnected from the broader social protection coordination system and implemented in isolation by the disability agencies within the government, rather than as part of the main social protection strategy. These disability agencies often operate without the engagement and necessary technical support of the main agencies in charge of national programmes. Of additional concern is the lack of coordinated responses between national and subnational authorities, which can jeopardize the availability and quality of benefits and services within a country.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 46
- Paragraph text
- This fragmentation increases the likelihood of persons with disabilities being excluded from mainstream social protection programmes, thus limiting the scope, quality and adequacy of the services and benefits they receive. To avoid this, States must ensure that all disability-related programmes are considered as an integral part of their national social protection strategies and are not delegated solely to the responsibility of the government's disability agency. States should also devote efforts to taking the needs of persons with disabilities into consideration in their mainstream social protection programmes, and enhancing their internal coordination mechanisms to address those needs in a comprehensive manner. Further, States should invest in interministerial and intersectoral capacity-building to strengthen the institutional framework.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 48
- Paragraph text
- Although persons with disabilities can be covered by contributory sche mes (e.g., social insurance programmes), they have considerably fewer opportunities to contribute to such schemes than persons without disabilities, mainly owing to their higher unemployment rates, economic inactivity and informal employment. Contributory schemes normally do not cover children and young adults with disabilities if they have been unable to contribute to a social insurance scheme or are not covered through their parents. Despite these limitations, contributory schemes play an important role in providing social protection to persons with disabilities and often provide higher benefits than non-contributory programmes. Making provision for government-financed contributions for certain categories of persons who are unable to contribute directly, or who have limited contributory capacity, can strengthen the universal protection of contributory programmes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 49
- Paragraph text
- Contributory and non-contributory systems, as well as income generation programmes, can complement each other in various ways to reduce the coverage gap of persons with disabilities. Nevertheless, States must ensure an adequate level and quality of services in both contributory and non-contributory schemes, and their sustainability. States must also take steps, to the maximum of their available resources, to ensure that social protection systems cover all persons with disabilities on an equal basis with others. Finally, States must ensure the continuity of benefits and services when a person moves from a contributory scheme to a non-contributory one, and vice versa.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 50
- Paragraph text
- To achieve universalization and inclusiveness, social protection must be as mainstreamed as possible, and as specific as necessary. While mainstream programmes support the access of persons with disabilities to general benefits and services on an equal basis with others (including by providing reasonable accommodation), specific programmes provide them with access to quality mobility aids, devices, assistive technologies and other forms of live assistance, as well as to a range of in-home, residential and other community support services (including personal assistance to live independently and actively participate in the community). Together, these programmes must cover services, devices and other assistance for disability-related needs, and extra costs. Overall, the balance between mainstream strategies and targeted support should be tailored to address the needs of specific groups of persons with disabilities, while maintaining the overall goal of including persons with disabilities in all aspects of social protection systems.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 51
- Paragraph text
- Disability benefits play an important role in ensuring income security for persons with disabilities and, therefore, in realizing their rights and aspirations as productive members of society. While these benefits may take various forms, including in-kind transfers or subsidies, the majority are in the form of cash transfers, such as disability pensions. Cash benefits are the preferred option because they entail lower administrative costs and provide individuals with a choice and control in selecting services and providers. According to ILO, almost all countries have a scheme anchored in law that provides cash benefits to persons with disabilities. The majority of them are contributory and serve as income replacement in the event of full or partial disability. Although non-contributory benefits are extremely important for persons with disabilities, they are available in less than half of the world's countries. Also, in most cases, the grants provided through this scheme are insufficient to ensure an adequate standard of living or even to cover the extra costs of disability.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 53
- Paragraph text
- To avoid this dilemma, States should unbundle income security and disability- related assistance to find the right balance between supporting labour inclusion and providing an adequate level of income security for persons with disabilities. The two sets of policies should be seen as complementary, rather than contradictory, in promoting the full and effective participation of persons with disabilities. Measures to facilitate the inclusion in the labour market of recipients of disability benefits must include transitional or "bridging" arrangements to enable them to retain at least part of the benefits (e.g., assistance related to the extra costs of disability, and in-kind benefits, such as health care) until they reach a certain wage threshold, and to become eligible again without delay if they lose their jobs.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 56
- Paragraph text
- The targeting of persons with disabilities entails several difficulties. First, eligibility conditions in social protection programmes rely either on definitions of persons with disabilities derived from national legislation - which often have a narrow medical focus or exclude specific groups - or include programme-specific definitions, which may be limited to work capacity or medical assessments. States should review their national definition of persons with disabilities to ensure its conformity with the Convention on the Rights of Persons with Disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 57
- Paragraph text
- Second, even with a rights-based definition of persons with disabilities, it remains extremely difficult to determine whether a person is part of the targeted group or not. For instance, some countries may lack the administrative capacity required for disability determination in urban, rural and remote areas. The heterogeneity of the disability community makes targeting particularly challenging, especially in the case of invisible or episodic impairments. In some cases, corruption or medical discretion can also affect the disability assessments. Therefore, disability-targeting errors are very frequent.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 59
- Paragraph text
- Fourth, disability-related services, devices and other assistance may also be subject to means-testing, limiting the coverage of disability-related programmes. In this respect, the Committee on the Rights of Persons with Disabilities has expressed concern about limiting access to social protection benefits and subsidies to those who meet "poverty criteria" or a "financial assets test". Therefore, while poverty reduction programmes should include additional disability-related expenditures, disability-specific social protection programmes should not be limited in scope to the poverty threshold, without considering the extra costs that make people with disabilities more prone to becoming poor.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 61
- Paragraph text
- Lastly, targeting methods have to take account of persons with disabilities. While self-targeting (i.e. where persons with disabilities self-enrol into programmes) can be an interesting alternative to disability assessments, it may have a limited impact if the information and procedures for applying are inaccessible. Similarly, although community-based targeting to identify recipients for cash or in-kind benefits promotes the involvement of local agents or institutions, there is a risk that the decision makers exclude persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 63
- Paragraph text
- States must ensure that social protection programmes meet the standards of quality, adaptability, acceptability and adequacy for all persons with disabilities. Accordingly, social protection programmes must be adapted to the needs of persons with disabilities in their local context; be acceptable in the light of the multiple discrimination that they face; and provide benefits of an adequate amount and duration to enable beneficiaries to enjoy an adequate standard of living. In other words, States must ensure that benefits and services offered by social protection programmes are relevant and consistent with the right of persons with disabilities to an adequate standard of living.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 64
- Paragraph text
- Disability-related needs should be considered and addressed in all areas of the social protection system. In many countries, the lack of availability of services is problematic: health coverage, for instance, does not always include specialized health services or assistive devices that persons with disabilities may need. Thus, they must bear, with their households, the cost of accessing those services or devices. Similarly, public employment and housing programmes often do not guarantee appropriate conditions for persons with disabilities to actually benefit from those programmes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 65
- Paragraph text
- States should ensure that benefits are sufficiently high to enable persons with disabilities to afford the goods and services required to enjoy at least a minimum essential level of economic, social and cultural rights. The Committee on the Rights of Persons with Disabilities has stressed the importance of taking into account disability-related costs to ensure a sufficient allocation of benefits, in particular for children with disabilities and their families. The Committee has also recommended calculating benefits on the basis of the personal characteristics and circumstances and the needs of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 66
- Paragraph text
- Like other programmes, conditional cash transfer programmes must take into account disability-related needs. However, there is growing evidence that the conditionalities attached to these programmes tend to exclude persons with disabilities owing to structural barriers. This includes, for instance, the lack of inclusive education that precludes children with disabilities from attending school or the lack of accessible information that impedes deaf persons from participating in training or meetings with the social services. In response, some conditional cash transfer programmes have opted to exempt persons with disabilities from the conditionalities that they cannot fulfil because of existing external barriers. While such exemptions allow persons with disabilities to fight short-term poverty, they contradict the overall goal of investing in human capabilities to promote social inclusion and active participation, and represent a missed opportunity to address longer-term poverty.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 67
- Paragraph text
- To be inclusive, States should support persons with disabilities in meeting the conditionalities established by conditional cash transfer programmes. While allowing them to benefit from the programmes despite not meeting the conditionality criteria is a positive, if insufficient, measure, an intersectoral intervention is needed to guarantee access to the required services by persons with disabilities and their families. This support must also be available to parents with disabilities when they are not the direct beneficiaries, but are responsible for ensuring that the targeted members of the household meet the set conditions.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 68
- Paragraph text
- States must ensure that the implementation of programmes does not undermine the rights of persons with disabilities. In some cases, to access benefits, adults with disabilities are compelled to renounce their legal capacity or receive treatment and rehabilitation on a regular basis, including psychiatric treatment. In other cases, services are offered in segregated settings - such as special schools or sheltered employment - or otherwise in a way that is not compliant with human rights standards. Such practices are contrary to the intrinsic dignity of persons with disabilities and contradict the principles of non-discrimination, participation and inclusion.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 70
- Paragraph text
- The principle of non-discrimination must be respected at all stages of a social protection programme cycle, including at the design, implementation and monitoring stages. States must ensure that social protection programmes are designed, implemented and monitored in a way that takes into account the experiences of all men and women with disabilities, from the selection of beneficiaries to the delivery of services and benefits. To that end, social prot ection systems must address the structural barriers that persons with disabilities face to participate in society, including lack of accessibility.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Men
- Persons with disabilities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 73
- Paragraph text
- Lack of physical accessibility affects not only access to social protection programmes, but also to the provision of services and the delivery of benefits. An analysis of contributions received shows that in many countries, public and private infrastructure (e.g., schools, health-care centres and housing) is often inaccessible to persons with disabilities. Similarly, while cash benefits are commonly paid by direct transfer into bank accounts, the accessibility of bank services is not always ensured. The same applies to the distribution of benefits in kind, particularly in rural and remote areas.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 75
- Paragraph text
- Information, materials and communication pertaining to social protection programmes must not create barriers to the participation of persons with disabilities. Persons with sensory and intellectual impairments are often particularly affected. In fact, when information, materials and procedures are neither accessible nor easy to understand, persons with disabilities have no means of knowing about the existence of programmes and their requirements. This is important also because of the greater likelihood of persons with disabilities being illiterate because of lack of access to education.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 76
- Paragraph text
- In this regard, the Committee on the Rights of Persons with Disabilities has stressed that States should ensure that social protection measures and services are provided in an accessible manner, in accessible buildings, and that all information and communication pertaining to them is accessible. The Committee has also highlighted the importance of adopting measures to remove barriers to access to basic services, drinking water and sanitation in rural and remote areas, and to include organizations of persons with disabilities in the monitoring of their implementation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 77
- Paragraph text
- States have an obligation to ensure that persons with disabilities are actively engaged in the development of social protection systems. The principle of participation is expressly recognized in article 3 (c) of the Convention on the Rights of Persons with Disabilities. Article 29 (b) of the Convention further requires States to promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, on an equal basis with others, and to encourage their participation in public affairs. Article 4, paragraph 3, requires States to consult and involve persons with disabilities, including children with disabilities, in the development and implementation of legislation and policies to implement the Convention, and in other decision-making processes concerning issues relating to persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 79
- Paragraph text
- In most cases, however, States do not systematically consult with persons with disabilities. A majority of the contributions received for the present report illustrate either a lack of consultation or sporadic, merely symbolic processes, with unrealistic time frames. Additionally, when consultations are undertaken, they are often limited to disability-specific programmes (rather than being on overall policies or strategies on social protection) or are conducted only at the central level. Organizations of persons with disabilities need to be informed of ongoing efforts, and processes need to be clear, accessible and disability-friendly, given that organizations of persons with disabilities are often underresourced and unfamiliar with the field of public decision-making and their right to participate therein.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 80
- Paragraph text
- States should also ensure that the diversity of persons with disabilities is represented and consulted in decision-making processes related to the right to social protection. However, persons with autism, intellectual impairment and psychosocial disabilities, as well as children and older persons with disabilities are often excluded from such consultations, because they are less likely to have their own representative organizations. Finally, indigenous persons with disabilities and persons with disabilities living below the poverty line or in rural or remote areas, face additional, multi-faceted barriers to participation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 81
- Paragraph text
- Implementing a social protection system not only entails having legislation and policies in place, but also financial resources and institutions with the capacity to implement and monitor them. The obligation of progressive realization compels States to take appropriate measures to the maximum of their available resources towards the full realization of the right to social protection. This concept should not be understood as discharging States from any obligations until they have sufficient resources. On the contrary, States must take constant steps to improve the enjoyment of the right to social protection of persons with disabilities, with a time - bound plan and measurable benchmarks to help monitor progress.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 82
- Paragraph text
- States have various obligations of immediate effect in relation to the right of persons with disabilities to social protection, which include: the elimination of discrimination in the exercise of this right, the promotion of gender equality, securing access to social protection and ensuring a minimum essential level of benefits for all persons with disabilities and their families. These minimum essential levels constitute the core of nationally defined social protection floors and are crucial to securing an adequate standard of living for persons with disabilities, including basic subsistence, essential primary health care, basic shelter and housing, and basic forms of education. States must meet these core obligations even if their resources are scarce.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 83
- Paragraph text
- To guarantee progressive realization of the right to social protection, States should formulate strategies and plans that include realistic, achievable and measurable indicators and time-bound targets, designed to assess progress in its implementation. In addition, States should adopt adequate laws and policies, and disburse funds to implement these plans and strategies. States must refrain from entrusting private charities with funding responsibility for persons with disabilities, owing to the unsustainability of this approach and the possible negative impact on the rights of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 84
- Paragraph text
- In practice, since the financial crisis of 2008, many countries have been reducing their social protection systems, disproportionately affecting persons with disabilities. In some countries, austerity measures include cuts in or caps on disability benefits, stricter eligibility criteria, the elimination or reduction of subsidies and tax credits, and reduced expenditure on community support services, such as in-home services and personal assistance. These cuts are not only affecting the standard of living of those who relied on such benefits, but also limit their capacity to live independently, often leading to their institutionalization.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 85
- Paragraph text
- The obligation of progressive realization prohibits deliberate retrogressive measures in the exercise of the right to social protection. According to the Committee on Economic, Social and Cultural Rights, States can only justify a retrogressive measure if it is introduced after the most careful consideration of all other alternatives, and if duly justified by reference to the totality of the rights enshrined in the Covenant on Economic, Social and Cultural Rights. States must also demonstrate that the affected groups participated in the assessment of the proposed measures and alternatives; that the measures are not directly or indirectly discriminatory; and that they will not have a sustained impact on the realization of the right to social protection.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 86
- Paragraph text
- Lastly, international cooperation plays a crucial role in supporting national efforts for the realization of the right to social protection of persons with disabilities, for example by ensuring that official development aid is inclusive of, and accessible by, persons with disabilities; facilitating and supporting capacity- building; enabling cooperation in research and access to scientific and technical knowledge; and providing technical and economic assistance, as appropriate. South-to-South and triangular cooperation, in particular, can reinforce national ownership of efforts in relation to social protection and persons with disabilities. In all cases, international cooperation must be provided in a manner that is consistent with the human rights of persons with disabilities, and in a sustainable and culturally appropriate manner. States should promote disability-inclusive international cooperation in partnership with relevant international and regional organizations, including financial institutions, and civil society, especially organizations of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 87
- Paragraph text
- Securing the right of persons with disabilities to social protection must be a priority for States and the international community. Inclusive social protection systems, including social protection floors, can contribute significantly to supporting the social participation and inclusion of persons with disabilities by ensuring income security and access to social services. They can also play an important role in fostering the realization of the Sustainable Development Goals for persons with disabilities. For that purpose, States must move away from traditional disability-welfare approaches and turn towards rights-based ones, and must develop comprehensive social protection systems that guarantee benefits and access to services for all persons with disabilities across the life cycle. The inclusion of persons with disabilities in social protection systems is not only a human rights issue, but also a crucial investment for development that States cannot afford to miss.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 88b
- Paragraph text
- [The Special Rapporteur makes the following recommendations to States with the aim of assisting them in developing and implementing disability- inclusive social protection systems:] Implement comprehensive and inclusive social protection systems that mainstream disability in all programmes and interventions, and ensure access to specific programmes and services for disability-related needs. Social protection systems should be made available, accessible, adequate and affordable for persons with disabilities;
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 44
- Paragraph text
- States should ensure that provisions relating to the access of persons with disabilities to social protection are included in disability-specific legislation and in mainstream legislation and policy on social protection. Indeed, the review process should encompass legislative areas beyond the traditional scope of social insurance and disability-specific laws, including for instance legislation on education, health, employment, housing and social inclusion.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 58
- Paragraph text
- Third, in the case of means-tested programmes, income thresholds are usually determined at the household level through direct means-testing or proxy means- testing. These instruments tend to overlook the extra cost of disability and, when it is considered, an individual assessment of personal and environmental factors affecting that cost is hardly ever made. Thus, persons with disabilities with higher support needs tend to be overlooked.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 62
- Paragraph text
- Further work, including research and international cooperation, is required to support States in the design of simpler, more effective and more holistic targeting mechanisms, which would also inform States about the barriers faced by persons with disabilities and the support they need.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 55
- Paragraph text
- While the ultimate goal is to achieve a universal and systematic approach to social protection, in many middle- and low-income countries non-contributory
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 3
- Paragraph text
- The mandate of the Special Rapporteur on the rights of persons with disabilities brings the issue of disability to the family of human rights mandate holders and mechanisms under the auspices of the Human Rights Council. The mandate strengthens the United Nations system in its efforts to realize the rights of persons with disabilities and reinforces an important message: persons with disabilities are holders of human rights on an equal basis with others, and the global community must work together to promote their inclusion from a human rights-based approach.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 4
- Paragraph text
- The establishment of the new mandate comes as important recognition of how far the global community has come in the recent past in the advancement and the promotion of the rights of persons with disabilities. In a very short period of time, there has been an extraordinary paradigm shift, a change in the way persons with disabilities have been perceived and hence treated. From its initial focus on charity and medical considerations, the international community has moved towards a model that recognizes that social and environmental barriers are the real obstacles for the enjoyment of human rights by persons with disabilities. It is in that interaction between a person with an impairment and his or her environment where discrimination and rights violations arise, resulting in disability, and it is only by addressing those social aspects that persons with disabilities will be fully included in their communities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 5
- Paragraph text
- The United Nations system has been responsive to this shift in paradigm and become, over the years, a main actor in promoting a human rights-based approach to disability. While the General Assembly started to include persons with disabilities in its resolutions in the 1950s, human rights language became visible in the 1970s through the adoption of two declarations: the Declaration on the Rights of Mentally Retarded Persons of 1971, and the Declaration on the Rights of Disabled Persons of 1975. The United Nations system paid increasing attention to persons with disabilities throughout the 1980s, adopting in 1982 the World Programme of Action concerning Disabled Persons, and proclaiming the period 1983-1992 the United Nations Decade of Disabled Persons.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 6
- Paragraph text
- In 1993, the General Assembly adopted the Standard Rules on the Equalization of Opportunities for Persons with Disabilities. This non-binding document anchored the issue of disability in a framework of non-discrimination and equal opportunity, and served as an instrument to advance the rights of persons with disabilities in the context of social development and beyond. The Rules created a monitoring mechanism within the framework of the Commission for Social Development, namely, a Special Rapporteur on Disability, tasked with assisting States in assessing and measuring their progress in implementing the Rules, providing advisory services, identifying obstacles and suggesting suitable measures that would contribute to the successful implementation of the Rules. The monitoring mechanism also included a panel of experts created by international organizations representing persons with disabilities. Between 1994 and 2014, the Commission appointed three Special Rapporteurs on Disability, who played an instrumental role in advancing the global disability agenda.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 7
- Paragraph text
- In parallel to these disability-specific developments, and guided by the Charter of the United Nations and the Universal Declaration of Human Rights, the United Nations human rights framework continued to grow with the adoption in 1966 of two international covenants - one on civil and political rights, the other on economic, social and cultural rights - and subsequent thematic human rights treaties throughout the following decades. In this context, persons with disabilities were viewed mainly from an anti-discrimination perspective, first implicitly under "any other status". In 1989, the Convention on the Rights of the Child was the first binding treaty to explicitly mention disability as a ground of discrimination. Although persons with disabilities were in theory equally protected under the core human rights treaties, however, they would remain at the margins of human rights discourse until the new millennium.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 9
- Paragraph text
- The Convention on the Rights of Persons with Disabilities ties the social understanding of disability to a legal framework, defining duty-bearers and rights-holders, and implementation and accountability frameworks. In doing so, it anchors disability to a human rights-based approach and serves as a starting point for work in all areas of life, including as a tool for promoting this approach to development. In its preamble, the Convention recognizes that disability is an evolving concept that results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society. Through the adoption of the Convention, the global community took a decisive step from approaches based on considerations of charity and rehabilitation to social and human rights models - and from a soft law framework to a legally binding human rights treaty that clarifies that persons with disabilities are holders of human rights on an equal basis with others.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 10a
- Paragraph text
- [The Convention on the Rights of Persons with Disabilities accelerated the momentum with regard to the rights of persons with disabilities, and increased attention to the issue within the global community. The eight years since the adoption of the Convention have witnessed a mobilization within the United Nations system towards greater protection of the rights of persons with disabilities, the key developments including:] The establishment of the Conference of States Parties to the Convention, on the Rights of Persons with Disabilities, which convened for the first time in 2008 at Headquarters in New York. The annual Conference and its parallel events gather an important number of stakeholders to exchange views on progress and challenges in implementing the Convention.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 10b
- Paragraph text
- [The Convention on the Rights of Persons with Disabilities accelerated the momentum with regard to the rights of persons with disabilities, and increased attention to the issue within the global community. The eight years since the adoption of the Convention have witnessed a mobilization within the United Nations system towards greater protection of the rights of persons with disabilities, the key developments including:] The creation in 2008 of the Committee on the Rights of Persons with Disabilities, which held its first session in Geneva in 2009. In response to a rapidly increasing number of ratifications, the amount of State party received, and the need for interpretation and guidance on Convention provisions, the Committee has grown from 12 to 18 members and meets for two four-week sessions and two pre-sessional working group sessions annually. To date, the Committee has reviewed 19 States party initial reports, held three days of general discussion and issued two general comments: on equal recognition before the law (art. 12), and on accessibility (art. 9).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 10c
- Paragraph text
- [The Convention on the Rights of Persons with Disabilities accelerated the momentum with regard to the rights of persons with disabilities, and increased attention to the issue within the global community. The eight years since the adoption of the Convention have witnessed a mobilization within the United Nations system towards greater protection of the rights of persons with disabilities, the key developments including:] The inclusion of the rights of persons with disabilities in the work of the Human Rights Council. The Council adopted its first resolution on the human rights of persons with disabilities, resolution 7/9, in 2008, in which it decided to hold an annual interactive debate on the issue. Since its tenth session, the Council has held an annual discussion on a broad variety of topics, each time requesting the Office of the United Nations High Commissioner for Human Rights (OHCHR) to present a thematic report on the issue under discussion. In addition, the Council has advanced in making its work accessible to and inclusive of persons with disabilities, and in mainstreaming disability in other areas of work.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 10d
- Paragraph text
- [The Convention on the Rights of Persons with Disabilities accelerated the momentum with regard to the rights of persons with disabilities, and increased attention to the issue within the global community. The eight years since the adoption of the Convention have witnessed a mobilization within the United Nations system towards greater protection of the rights of persons with disabilities, the key developments including:] Increased attention by United Nations programmes, fund and agencies on the promotion of the rights of persons with disabilities, and the mobilization of two inter-agency mechanisms: the Inter-Agency Support Group on the Convention on the Rights of Persons with Disabilities and the United Nations Partnership to Promote the Rights of Persons with Disabilities. Many agencies have also created and/or strengthened focal points on disability and are gradually adopting a human rights-based approach to their work.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 12a
- Paragraph text
- [The Human Rights Council, in its resolution 26/20, decided to appoint, for a period of three years, a Special Rapporteur on the rights of persons with disabilities with the following mandate:] To develop a regular dialogue and to consult with States and other relevant stakeholders, including United Nations agencies, programmes and funds, regional human rights mechanisms, national human rights institutions, national independent monitoring frameworks designated under article 33, paragraph 2 of the Convention on the Rights of Persons with Disabilities, persons with disabilities and their representative organizations, and other civil society organizations to identify, exchange and promote good practices relating to the realization of the rights of persons with disabilities and their participation as equal members of society;
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 12c
- Paragraph text
- [The Human Rights Council, in its resolution 26/20, decided to appoint, for a period of three years, a Special Rapporteur on the rights of persons with disabilities with the following mandate:] To make concrete recommendations on how to better promote and protect the rights of persons with disabilities, including on how to contribute to the realization of internationally agreed development goals for persons with disabilities, including the Millennium Development Goals, how to promote development that is inclusive of and accessible to persons with disabilities, and how to promote their role as both agents for and beneficiaries of development;
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 12f
- Paragraph text
- [The Human Rights Council, in its resolution 26/20, decided to appoint, for a period of three years, a Special Rapporteur on the rights of persons with disabilities with the following mandate:] To work closely with the special procedures and other human rights mechanisms of the Human Rights Council, the treaty bodies, in particular the Committee on the Rights of Persons with Disabilities, and other relevant United Nations agencies, programmes and funds, including the United Nations Partnership to Promote the Rights of Persons with Disabilities and the Special Envoy of the Secretary-General on Disability and Accessibility, within their respective mandates, with a view to avoiding unnecessary duplication;
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 13
- Paragraph text
- In addition, in resolution 26/20, the Human Rights Council requested the Special Rapporteur to report annually to the Human Rights Council, starting from its twenty-eighth session, and to the General Assembly, in accessible formats and according to their respective programmes of work, and the Secretary-General to bring the reports of the Special Rapporteur to the attention of the Committee on the Rights of Persons with Disabilities, the Conference of States Parties and the Commission for Social Development for their information and to avoid unnecessary duplication.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 16
- Paragraph text
- As the jointly agreed and highest international standard on the rights of persons with disabilities, the Convention on the Rights of Persons with Disabilities should guide all actions related to the advancement of the rights of persons with disabilities, including the work of the Special Rapporteur. The Convention has had an overwhelmingly positive reception; since 2006, it has been ratified or acceded to by 150 States and the European Union, and the Special Rapporteur has joined other stakeholders in a call for universal ratification. This demonstrates an acceptance by the global community of the Convention as a universal standard and a collectively agreed benchmark against which progress is to be measured.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 17
- Paragraph text
- Owing to the participatory nature of the negotiations on the Convention on the Rights of Persons with Disabilities, it can be argued that the Convention enjoys ipso facto a certain level of unprecedented legitimacy, accorded to it not only by a large number of States but also by the rights-holders themselves. Persons with disabilities and their representative organizations were not merely consulted in the drafting process; their expertise was recognized and valued, and they became part and parcel of the negotiating process. This had a direct impact on the text of the Convention, where participation and inclusion are present throughout, including as a general principle (art. 3), a general obligation of States parties in relation to any decision-making process (art. 4) and a specific obligation in relation to developing a national implementation and monitoring framework (art. 33). The Special Rapporteur attaches great importance to such an outstanding participatory approach and wishes to maintain and reinforce it in her work.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 19b
- Paragraph text
- [The Special Rapporteur will be guided by the following overarching considerations in all aspects of her work:] Inclusiveness. The Special Rapporteur will work in an inclusive manner, aiming to ensure that the needs and concerns of persons with all different kinds of impairment are taken into equal consideration and that her work is age-sensitive, paying special attention to children, adolescents and older persons with disabilities. She will be attentive to the specific situation of persons with disabilities who may be subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status, and the multiple layers of barriers that these intersections may create. She will also work across social and economic groups and layers and do her utmost to ensure that no one is left behind in her deliberations.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- Older persons
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 19c
- Paragraph text
- [The Special Rapporteur will be guided by the following overarching considerations in all aspects of her work:] Embracing human diversity. The Special Rapporteur emphasizes that persons with disabilities are part of human diversity and should be respected and embraced as such. This idea was introduced among the general principles of the Convention on the Rights of Persons with Disabilities as "respect for difference and acceptance of persons with disabilities as part of human diversity and humanity". Many of our societies have to date failed to embrace this idea. Building on the notion of human diversity, the Special Rapporteur will in her work promote the dignity and pride of persons with disabilities as part of humanity, bringing forth different experiences and fighting against negative and excluding perceptions related to disability.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 19d
- Paragraph text
- [The Special Rapporteur will be guided by the following overarching considerations in all aspects of her work:] Gender sensitivity. In the view of the Special Rapporteur, international and national efforts on disability have to a certain degree failed to systematically take into account a gender perspective; she therefore aims to pay special attention to gender sensitivity in her work, considering, in the first instance, the multifaceted discrimination and marginalization and the compounded violations of human rights that women and girls with disabilities face in most societies, as well as other persons or groups who may experience discrimination due to their sex or disability.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 19e
- Paragraph text
- [The Special Rapporteur will be guided by the following overarching considerations in all aspects of her work:] Accessibility. In the work of the Special Rapporteur, accessibility will be relevant mainly in two interdependent ways. First, there is an aim to ensure full accessibility of events, meetings and documentation in the official duties of the mandate holder. Second, accessibility will be seen as a cross-cutting issue in the substantive work of the Special Rapporteur, ensuring that it is fully present in national legislative frameworks, and in policy and programming, as well as a priority area of United Nations agencies, funds and programmes and other close partners.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 21a
- Paragraph text
- [In addition and within the framework of her mandate, the Special Rapporteur intends to undertake her tasks through the following working methods:] Collaborative efforts. As requested by the Human Rights Council in its resolution 26/20, the Special Rapporteur will develop a regular dialogue and consult with States and other relevant stakeholders to identify, exchange and promote good practices relating to the realization of the rights of persons with disabilities and their participation as equal members of society. In this spirit, she is committed to building a mandate based on participation, dialogue and consultation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 21b
- Paragraph text
- [In addition and within the framework of her mandate, the Special Rapporteur intends to undertake her tasks through the following working methods:] Facilitating cooperation and building bridges. Even though considerable advances have been made at the global, regional, national and local levels on advancing the rights of persons with disabilities, projects or initiatives often take place in isolation. To address this challenge, the Special Rapporteur sees her role as facilitating cooperation among stakeholders and building bridges between projects, initiatives and stakeholders, and countries and continents, with a view to creating platforms for the exchange of good practices and lessons learned. She also aims to serve as a catalyst for unified action to strengthen impact.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 21c
- Paragraph text
- [In addition and within the framework of her mandate, the Special Rapporteur intends to undertake her tasks through the following working methods:] Technical assistance and knowledge development. In accordance with Council resolution 26/20, the Special Rapporteur will conduct, facilitate and support the provision of advisory services, technical assistance, capacity-building and international cooperation to support national efforts aimed at the effective realization of the rights of persons with disabilities. Furthermore, whenever relevant and with a view to informing her technical advisory role, she aims to contribute to the development of knowledge and standards on the rights of persons with disabilities, focusing on thematic issues which have emerged as a priority in discussions with stakeholders. The Special Rapporteur also aims to convene expert meetings in order to be informed of the latest developments with regard to specific thematic issues and relevant laws, policies and practices.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 21d
- Paragraph text
- [In addition and within the framework of her mandate, the Special Rapporteur intends to undertake her tasks through the following working methods:] Disability-inclusive perspective. The Special Rapporteur aims to support and promote disability-specific efforts on the one hand, and to an important extent, to ensure an inclusive perspective in efforts and processes with a general scope on the other. This dual approach in the advancement of the rights of persons with disabilities is of particular importance since, despite various efforts made to achieve inclusion, persons with disabilities have often remained invisible and excluded from non-disability-specific discussions and processes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 21e
- Paragraph text
- [In addition and within the framework of her mandate, the Special Rapporteur intends to undertake her tasks through the following working methods:] Building ownership. The Special Rapporteur believes that efforts that are fully owned by the concerned societies are the only ones that bring about sustainable change. There is no single model that fits all; responses that are successful in one part of the world may be detrimental in another. For this reason, it will be important to build on ownership and culturally tailored responses at the national level in the advancement of the rights of persons with disabilities. In her work, the Special Rapporteur will thus aim to promote efforts compliant with the Convention on the Rights of Persons with Disabilities and solutions related to advancing the implementation of the rights of persons with disabilities that at the same time take into account cultural and national contexts and particularities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 23b
- Paragraph text
- [The Special Rapporteur recognizes that a very important part of the mandate is to support States in the development of their national efforts to advance the implementation of the rights of persons with disabilities. To accomplish this, the Special Rapporteur will put particular emphasis on the following activities:] Fostering capacity-building of national stakeholders. The Convention brings about many concepts and new ideas that challenge outdated perceptions of persons with disabilities. The Special Rapporteur aims to support national stakeholders, including government officials, in translating internationally agreed norms and standards to national laws, policies, programmes and practices, and to advise them in challenges that they may face in implementing the rights of persons with disabilities. In cooperation with relevant United Nations agencies and other organizations, the mandate holder will explore the feasibility of developing training modules for national stakeholders to support the effective advancement of the rights of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 23c
- Paragraph text
- [The Special Rapporteur recognizes that a very important part of the mandate is to support States in the development of their national efforts to advance the implementation of the rights of persons with disabilities. To accomplish this, the Special Rapporteur will put particular emphasis on the following activities:] Promoting the establishment and/or strengthening of national mechanisms for implementation and monitoring. Guided by article 33 of the Convention on the Rights of Persons with Disabilities, many States are in the process of setting up a national framework for implementing and monitoring the Convention. The Special Rapporteur wishes to work together with the mechanisms called for in article 33 (government focal points and coordination mechanisms, independent monitoring bodies and civil society), support their efforts and address their potential challenges with a view to reinforcing the development of Convention-compliant national implementation and monitoring frameworks.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 23d
- Paragraph text
- [The Special Rapporteur recognizes that a very important part of the mandate is to support States in the development of their national efforts to advance the implementation of the rights of persons with disabilities. To accomplish this, the Special Rapporteur will put particular emphasis on the following activities:] Country visits. The Special Rapporteur will, at the invitation of Governments, undertake country visits to learn about national realities and observe relevant laws, policies and programmes, and identify good practices and areas of cooperation and technical support to advance constructive dialogue and further developments in the field of the rights of persons with disabilities. She will study national legislation, policies, programmes and practices, and regulatory frameworks and institutions, to provide guidance to States in their activities - including, where relevant, by supporting them in implementing recommendations made by human rights mechanisms - in seeking to advance the rights of persons with disabilities in accordance with the Convention.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 23e
- Paragraph text
- [The Special Rapporteur recognizes that a very important part of the mandate is to support States in the development of their national efforts to advance the implementation of the rights of persons with disabilities. To accomplish this, the Special Rapporteur will put particular emphasis on the following activities:] Statistics and data-collection. With a view to promoting the inclusion of persons with disabilities in national data-collection systems, and guided by article 31 of the Convention, the Special Rapporteur will support efforts to collect adequately disaggregated data and statistics to enable States to formulate and implement policies to give effect to the Convention.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 25
- Paragraph text
- Guided by Human Rights Council resolution 26/20 and the call made in the Convention for international cooperation that is inclusive of and accessible to persons with disabilities, the Special Rapporteur will pay particular attention to promoting the role of persons with disabilities as both agents for and beneficiaries of development, and make recommendations thereon. In development cooperation efforts, she will, in particular, seek to promote South-South and triangular cooperation that reinforces national ownership of efforts. In addition, she will engage in the final stages of the process leading to the establishment of a new international development agenda beyond 2015, joining other stakeholders in advocating for the post-2015 period that is sustainable, inclusive and accessible. The focus of the mandate holder will be on ensuring that achievements are retained and that goals and targets are translated into meaningful and inclusive indicators, and on developing efficient and inclusive implementation and monitoring frameworks for the new agenda.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 26
- Paragraph text
- The Special Rapporteur looks forward to working closely together with other special procedures mandate holders and aims, as an initial step, to contact all mandate holders with a call to harmonize efforts and build upon each other's work. Attention will be paid to the mandate's call to address multiple and aggravated forms of discrimination by working in close collaboration with other mandates focusing on groups, such as the mandate holders on the rights of indigenous peoples, violence against women, the sale of children, the human rights of migrants, minority issues and internally displaced persons, older persons and discrimination against women in law and in pPractice. She also sees important connections between her mandate and those focusing on specific economic and social rights, such as the special procedures on the rights to health, education, extreme poverty, adequate housing, water and sanitation, and to food, as well as those focusing on civil and political rights, such as the Special Rapporteur on torture, extrajudicial, summary or arbitrary executions and the Working Group on Arbitrary Detention.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 27
- Paragraph text
- The Special Rapporteur attaches great importance to the work of United Nations human rights treaty bodies and their jurisprudence. She sees a natural link between her work and that of the Committee on the Rights of Persons with Disabilities, and extends her full support and availability to collaborate with the Committee whenever relevant for both mechanisms in order to contribute to and build upon each other's work in a way that advances the rights of persons with disabilities in a coherent manner and maximizes the use of available resources. The Special Rapporteur also wishes to contact other treaty bodies with a view to sharing information gathered on thematic issues that might be of interest in their respective area of work. She extends her support for collaborating for the harmonization of standards and sharing of information that can be of relevance to the respective bodies.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 28
- Paragraph text
- In accordance with the mandate, the Special Rapporteur will cooperate closely with the Conference of States Parties to the Convention on the Rights of Persons with Disabilities and the Commission for Social Development by exchanging regularly and participating in their annual sessions upon request. She appreciates the first exchange she had with the Commission at its fifty-third session, in February 2015, and looks forward to continuing to bring to these platforms updates on her work and findings from country visits and on thematic issues.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 29
- Paragraph text
- The Special Rapporteur will join the disability community in advocating for disability-inclusive disaster risk reduction ahead of the third World Conference on Disaster Risk Reduction, to be held in March 2015, and engage in the process leading to the World Humanitarian Summit in 2016 in the light of article 11 of the Convention, which calls for measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters. She will also engage in efforts to ensure that the rights of women and girls with disabilities are adequately reflected in the process of the 20-year review of the implementation of the Beijing Declaration and Platform for Action and its outcome.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 30
- Paragraph text
- As invited by the General Assembly, the Special Rapporteur envisages to support the United Nations system, and in particular the Statistical Commission, as appropriate and within the scope of the mandate and existing resources, to update existing methodologies of disability data collection and analysis for persons with disabilities, to obtain internationally comparable data on the situation of persons with disabilities and to regularly include relevant disability data or relevant qualitative facts, as appropriate, in relevant United Nations publications in the field of economic and social development.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 31
- Paragraph text
- The Special Rapporteur will liaise closely with United Nations agencies, funds and programmes working in the area of disability, and welcomes the exchange of information and mutual sharing of findings and developments. In accordance with her mandate, she envisages to work closely with the United Nations Partnership to Promote the Rights of Persons with Disabilities with a view to seeking collaboration. The Special Rapporteur will also exchange with the Inter-Agency Support Group on the Convention on the Rights of Persons with Disabilities in recognition of the institutional mandate to promote the rights of persons with disabilities of the Group and each of its members.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 33a
- Paragraph text
- [Given the broad scope of the mandate and the fact that it is subject to the availability of resources for its implementation, the Special Rapporteur has decided to mainly focus on a few priority areas of concern, which in her view present the most urgent challenges for the enjoyment of human rights by persons with disabilities. These areas of concern have been grouped into three complementary, mutually reinforcing clusters:] Promoting citizenship. Supporting the active participation of persons with disabilities in all decision-making process affecting their lives, including through the right to equal recognition before the law, the right to freedom and security of the person, the right to live independently and to be included in the community and other interrelated rights in the civil and political sphere.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 33b
- Paragraph text
- [Given the broad scope of the mandate and the fact that it is subject to the availability of resources for its implementation, the Special Rapporteur has decided to mainly focus on a few priority areas of concern, which in her view present the most urgent challenges for the enjoyment of human rights by persons with disabilities. These areas of concern have been grouped into three complementary, mutually reinforcing clusters:] Combating poverty: Addressing the root causes of poverty among persons with disabilities that prevent them from enjoying their economic and social rights and being active contributors to their communities, including by supporting the development and implementation of social protection systems that are inclusive of persons with disabilities, by promoting access to inclusive education and employment, and by contributing to the inclusion of persons with disabilities in all national and international development processes and programmes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 35
- Paragraph text
- Upon taking up her duties, on 3 December 2014 the Special Rapporteur issued her very first statement together with the Committee on the Rights of Persons with Disabilities and the Special Envoy of the Secretary-General on Disability and Accessibility, in which these human rights mechanisms called jointly for the inclusion of the rights of persons with disabilities in relevant ongoing processes, ranging from defining the post-2015 development agenda to climate negotiations and the third World Conference on Disaster Risk Reduction, and called for universal ratification of the Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto. While respecting the independence and specificity of each mandate, these mechanisms will continue to work together in a coherent manner to build upon each other's work and to collaborate when relevant. The three mechanisms have started to coordinate their work informally with the aim of exchanging information on a regular basis and identifying areas where joint action is of added value and can bring about a stronger impact.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 36
- Paragraph text
- The Special Rapporteur has also taken first steps towards collaborating with other special procedures mandate holders. Initial efforts of collaboration have included a joint statement made on Human Rights Day, on 10 December 2014, with other special procedures mandate holders on climate change and human rights, and joined efforts regarding issues of common concern with the mandate holders on the right to food, older persons and the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 37
- Paragraph text
- The Special Rapporteur participated in the fifty-third session of the Commission for Social Development, at which she spoke under the agenda item 3(6), on the review of relevant United Nations plans and programmes of action pertaining to the situation of social groups, on her plan of work and its contribution to the work of the Commission, in particular in its efforts in the context of a sustainable development agenda inclusive of the rights of persons with disabilities. She has also approached the Conference of States Parties to the Convention on the Rights of Persons with Disabilities to define her engagement in that context.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 41
- Paragraph text
- In accordance with her mandate described by the Human Rights Council in its resolution 26/20, the Special Rapporteur aims to respond to the expectations of a broad range of stakeholders of an acceleration in the advances made in the rights of persons with disabilities. She intends to carry out the mandate in a comprehensive and collaborative manner, working closely with States, the United Nations system, academia, persons with disabilities, their representative organizations and other stakeholders towards concrete results. The mandate is comprehensive and presents a great opportunity for change. In order to ensure the effective implementation thereof, and in a spirit of collaboration, the Special Rapporteur calls out for support in her endeavours with a view to ensuring that her work brings about real change in the lives of persons with disabilities and the realization of their human rights without discrimination and on an equal basis with others.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 35
- Paragraph text
- In order to ensure consistency and progress effectively towards full accessibility, States should establish national standards and regulations on accessibility and universal design, including on access to information and communications technologies, in order to provide clear guidance for those designing and implementing policies and programmes. Such standards do not need be developed from scratch. The International Organization for Standardization has published an accessibility guide and model standards. Similarly, the International Telecommunication Union has developed guidelines and recommendations related to the accessibility of telecommunications and information and communications technologies for persons with disabilities. All those standards can be adapted to country-specific contexts.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 36
- Paragraph text
- Although many States have accessibility standards and/or guidelines in place, often they are not compulsory or only meet the needs of persons with physical impairments. Significant gaps remain in relation to particular groups, such as blind persons, deaf persons, persons with intellectual disabilities and autistic persons, particularly in the area of information and communications. For example, most public sector websites are not accessible. Contributions to the present report show that standards and regulations on accessibility are fragmented by sector, which tends to hinder effective coordination between different institutions, departments or companies in charge of their implementation. National standards and regulations on accessibility and universal design should be designed in close cooperation with all relevant stakeholders, including representative organizations of persons with disabilities, and in accordance with existing international standards in order to ensure interoperability across countries.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 37
- Paragraph text
- While universal design should be incorporated in all new infrastructures, programmes and services, full accessibility cannot be implemented overnight. In the interim, it is therefore important to develop strategies and time -bound action plans to make public and private facilities and services accessible for persons with disabilities. Whereas retrofitting all structures in the short term may not be feasible, requiring that all new constructions and renovations follow accessibility and universal design standards has limited cost implications. Estimates indicate that it would only add about 1 per cent to construction costs.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 38
- Paragraph text
- Funding for reasonable accommodations to ensure short-term case-by-case solutions to enable access is also important. An example would be providing a portable ramp to a student using a wheelchair in an inaccessible school. Although that measure would remove the barrier for that individual, it does not make the environment more inclusive. As such, it is a stop-gap measure that must be accompanied by a time-bound plan to make the programmes and services fully inclusive. The lack of accessibility cannot be invoked as an excuse by States to avoid their obligation to ensure access to the existing physical environment, transportation, information and communications and services. In such cases, reasonable accommodations must be provided.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 39
- Paragraph text
- The enforcement of accessibility regulations and standards needs to be improved in many States. Contributions to the present report highlight a low level of implementation of accessibility policies or programmes worldwide. Accessibility enforcement mechanisms are often the responsibility of local governmental authorities, but many of them have no monitoring capacity. In addition, regulations for the conservation of heritage buildings are very often invoked to justify non-compliance by a State with accessibility regulations and thus old buildings remain inaccessible to persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 40
- Paragraph text
- To address the widespread lack of enforcement, accessibility requirements should be established for general buildings, transportation and web regulations, as well as other statutory technical regulations. Similarly, authorizations and licences to build or alter existing structures and services should require the implementation of accessibility standards. States should also incorporate accessibility requirements into their public procurement policies and procedures and into their national public investment systems. For example, directive 2014/24/EU of the European Parliament and the Council on public procurement takes into account accessibility criteria for persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 41
- Paragraph text
- Private services provided to the public and entities open to the same must also meet appropriate accessibility standards. That includes service providers, such as private schools and medical facilities, and private businesses, such as stores or cinemas. Any facility or entity designed to serve the public at large, in particular public services, must be accessible. As most service providers and business owners are not aware of accessibility standards and the varied needs of persons with disabilities, States must provide clear guidance and support on how to address them. Financial support to improve accessibility and training to achieve compliance should be considered alongside enforcement.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 42
- Paragraph text
- States should invest in awareness-raising and education programmes on the implementation of accessibility requirements. Well-elaborated standards and guidelines are useless unless they are known and understood by those who need to apply them. That implies sensitization and training for State authorities, policymakers and planners. Accessibility and universal design should also be incorporated into the curricula of technology institutes and universities for all careers in the areas of design, architecture, construction and engineering.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 43
- Paragraph text
- While achieving full accessibility of the general environment and of government programmes will significantly improve the participation of persons with disabilities, it is still insufficient. The availability of affordable assistive and support services is vital for many persons with disabilities, especially the poor, to be able to fully access and benefit from policies and programmes on an equal basis with others. For many persons with disabilities, access to such goods and services constitutes a precondition for the respect of their inherent dignity and the full and equal enjoyment of all human rights and fundamental freedoms.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 44
- Paragraph text
- Assistive devices and technologies have the primary purpose of allowing individuals to perform an activity they would otherwise be unable to do, or increase the ease and safety with which those activities are performed. In the case of children with disabilities, they have a significant impact on their early childhood development and educational outcome, reducing the need for other types of support. Common examples of assistive devices include wheelchairs, walkers, crutches, prostheses, orthoses, adapted cutlery, extendable reaching devices and adaptive switches for persons with physical impairments; hearing aids, assistive hearing technology, alarm devices, amplified telephones, deaf-blind communicators; spectacles, magnifiers, white canes, voice recognition software, Braille displays and screen readers for persons with visual impairments; communication boards and speech synthesizers for persons with communication needs; and computers and visual and talking timers for persons with intellectual impairments. Assistive devices and technologies range from low-cost solutions to high-tech gadgets.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 47
- Paragraph text
- As stated earlier, some assistive devices and technologies can be costly, especially in low-income countries. Unless they are provided for free or subsidized, many persons with disabilities will not be able to afford them. In that regard, States should consider a number of measures to ensure affordability. First, assistive devices and technologies should be included in the coverage of national health insurance and/or social protection schemes. Based on the World Health Organization (WHO) priority assistive products list, States should develop a list of essential assistive products according to their national needs and available resources. Second, States should also consider waiving import duties and taxes on assistive devices and technologies that are not produced within the country. Finally, States should support local businesses that build and design assistive devices through grants, loans and tax credits. Whether incorporated into existing programmes or provided through new, separate programmes, the provision of assistive devices should be subsidized to the maximum extent of the available resources of States, as required by articles 4 and 28 (2) (a) of the Conventio n.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 5
- Paragraph text
- Inclusive development is essential to ensure that all marginalized and excluded groups participate effectively in development processes. Many people around the world are excluded from the benefits of and prevented from contributing to development because of their age, sex, sexual orientation, race, colour, religion, national or ethnic origin, poverty, disability or other status. The consequences of such exclusion are deepening inequalities across and within countries: around 80 per cent of the world's population has only 6 per cent of the world's wealth, while the richest 1 per cent is likely to have more than 50 per cent in 2016. As Amartya Sen wrote, an important goal of development should be to ensure that everyone enjoys their rights to achieve the capacity and opportunity to be a full member of society. Development should be broad-based enough to benefit all people, as a means both to enhance people's capabilities and choices and to build overall more inclusive, equitable and sustainable societies that promote and protect people's rights.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 6
- Paragraph text
- Persons with disabilities experience great inequalities worldwide and are more likely to experience poverty and other forms of social exclusion. They are also less likely to be employed, receive an education, or gain access to public services. Moreover, they are more likely to be the victims of violence and contract HIV/AIDS. Deaf persons, hard of hearing persons, deaf-blind persons, autistic persons and persons with psychosocial or intellectual disabilities, among other groups, face additional challenges in accessing essential services, such as health care, education or justice, owing to existing discriminatory legal and policy frameworks, segregated facilities and/or the lack of support, including support services.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 7
- Paragraph text
- Discussions on inclusive development often overlook the particular and wide- ranging barriers that persons with disabilities face in participating in society. They include physical barriers that prevent access to public spaces, workplaces and modes of transportation; barriers to information and communication (such as the lack of sign language interpretation, written information, screen readers, Braille and easy-to-read formats); institutional barriers that come in the form of programme design (for example, linking disability benefits to the inability to work); and attitudinal barriers that lead to discrimination and/or misconceptions about the rights and abilities of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 8
- Paragraph text
- Disability-inclusive policies are critical to removing those barriers, by enabling the conditions and support necessary that persons with disabilities may require to participate in and benefit from development outcomes and processes. That means considering disability-related issues in all public policies and programmes and enabling the participation of persons with disabilities through their design, implementation, monitoring and evaluation. Disability-inclusive policies entail a full range of policies, designed with persons with disabilities in mind, that take into account the environment in which people live and how it interacts with any impairment people may have. When adequately implemented, such policies can contribute to removing the barriers to participation that persons with disabilities face.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 9
- Paragraph text
- The adoption of the Sustainable Development Goals in 2015, which contain several references to persons with disabilities, represents an exceptional opportunity for States to design and implement disability-inclusive policies for the next 15 years, as they review their national development plans to align them to the Goals. Nonetheless, while there is an international commitment to "leave no one behind" and a consensus that no goal should be met unless it is met for everyone, it remains unclear how those promises will be translated into practice by State officials and policymakers worldwide, particularly in relation to persons with disabilities; hence the need for guidance on how to design and implement disability-inclusive policies and ensure that all the Goals and their related targets benefit persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 10
- Paragraph text
- Inclusive development cannot be effectively achieved in the absence of a human rights framework. A human rights-based approach, as a conceptual framework, offers practical guidance for the design, implementation, evaluation and monitoring of development policies and programmes based on international human rights standards. Development efforts should uphold and promote basic human rights principles, such as respect for human dignity, non-discrimination, participation and accountability. Thus, a human rights-based approach to development requires that disability-inclusive policies consider the demands and needs of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 14
- Paragraph text
- Furthermore, household poverty rates do not consider the allocation of resources within a household. Evidence shows that persons with disabilities often do not get a share of their household's resources. For instance, if resources are tight, parents may pay for the education of their non-disabled children but not for those with a disability. Studies using multidimensional indices of poverty therefore show a greater poverty gap between persons with and without disabilities. All those considerations need to be taken into account to fight poverty among persons with disabilities and to achieve the goal of ending poverty in all its forms everywhere.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 15
- Paragraph text
- The cost of exclusion is significant not only for persons with disabilities and their families, but also for a country's economy. When persons with disabilities face barriers to participation, they are less likely to be able to work and thus contribute less to the economy. Even when they do work, they tend to earn less than their non-disabled peers because of their more limited access to education (including higher education), good quality jobs and loans to start businesses. A study by the International Labour Organization in 2009 estimated that the cost of excluding persons with disabilities could amount to between 1 and 7 per cent of a country's gross domestic product. Those percentages might actually be understated, as they do not consider the costs of the reduced work time and wages of family members who are responsible for caring for relatives with disabilities, owing to a lack of support or the barrier-free environment that persons with disabilities need to be more independent; nor do they take into account the future lost earnings of children without disabilities who forego some education because of increased responsibilities at home.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 16
- Paragraph text
- Furthermore, it is impossible to measure the loss to society of excluding the talents and perspectives of persons with disabilities. Whether it is in the sciences, the arts or industry, persons with disabilities have much to contribute to society that goes unrealized when they are not given the opportunity to participate. A recently published history of autism shows how a growing understanding of the capacities of persons with disabilities and the efforts to break down barriers to participation can unleash major contributions to society.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 17
- Paragraph text
- There are many elements to be considered in implementing disability-inclusive policies at the national level. While full inclusion cannot happen overnight, any State can begin by taking positive and meaningful action towards creating more inclusive societies. That entails changing the way in which State officials and policymakers think about persons with disabilities and establishing a policy framework that is responsive to their demands and needs. In that regard, the present report aims to raise awareness and call the attention of States to the most pressing issues when designing and implementing any policy.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 18
- Paragraph text
- The initial step towards establishing an inclusive policy framework involves three key aspects. First, the existence of a non-discrimination framework that prohibits discrimination on the basis of disability in all areas of life and ensures that reasonable accommodation is provided to persons with disabilities. Second, accessibility is a requirement that must be set up to enable persons with disabilities to access and enjoy all programmes and services and to participate fully and independently in society. Third, the availability of services and the provision of assistive devices that support the autonomy and inclusion of persons with disabilities, allowing them to benefit from all policies and programmes on an equal basis with others.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 20
- Paragraph text
- In taking such steps, the cross-cutting nature of disability must be recognized. Given that disability affects every aspect of a person's life, unless inclusion is promoted in all areas of life it will not be fully effective. For example, inclusive vocational training requires inclusive employment and both require accessible transportation. Similarly, access to justice will not be granted to persons with disabilities if their legal capacity is not fully recognized. As all human rights are indivisible and interdependent, the denial of one right necessarily compromises the enjoyment of others. A coordinated approach to policymaking must therefore take into account all the above components and address the multiple aspects of the lives of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 21
- Paragraph text
- Importantly, a disability-inclusive and human rights-based approach to policy development should be adopted from the start in order to avoid future amendments. Disability-inclusive policies and programmes should not be the result of "after the facts" add-ons, adjustments or accommodations, as those may benefit only some persons with disabilities. While they may be appropriate in the short run, as long as they do not create new segregated structures, to ensure full participation all policies and programmes must be designed from the outset with the entire population in mind.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 23
- Paragraph text
- While most States have non-discrimination provisions in their legislation, including in their constitutions, disability is not always mentioned as a ground of discrimination and often, when included, is only considered in particular areas, such as employment. In line with human rights law in general and with the Convention on the Rights of Persons with Disabilities specifically, persons with disabilities should be protected from all forms of discrimination in all aspects of their lives and States should include disability as a ground of discrimination in all their legislation, including civil, administrative, criminal and procedural law. Since in most countries the constitution and constitutional law are at the top of the hierarchy of norms, constitutional provisions constitute a useful tool for protecting persons with disabilities against discrimination.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 24
- Paragraph text
- Article 5 (3) of the Convention requires States to take all appropriate steps to ensure that reasonable accommodation is provided to persons with disabilities, whenever that is needed in a particular case. That means providing all the necessary and appropriate modifications and adjustments to accommodate a person's individual characteristics or differences, so as to ensure that persons with disabilities can enjoy all human rights and fundamental freedoms, including in accessing infrastructures, programmes and services, on an equal basis with others. According to article 2 of the Convention, that duty extends to persons who are associated with a person with disabilities (for example, agreeing to a flexible working hours schedule for a person who cares for a child with disabilities) and should not impose a disproportionate or undue burden on the duty-bearer, be it the State or a private entity. States must clearly establish in their legal and policy frameworks that the denial of reasonable accommodation constitutes discriminat ion on the basis of disability.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 25
- Paragraph text
- States must acknowledge that they have an immediate duty to provide reasonable accommodation, as the right to non-discrimination is not subject to progressive realization (see A/70/297). While ensuring comprehensive accessibility and sustainable, consistent support services will not happen overnight, it is critical to apply the principle of non-discrimination immediately, including the provision of reasonable accommodation, so that persons with disabilities can access and benefit from development policies and programmes right away.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 26
- Paragraph text
- The practical implementation of the duty of States to provide reasonable accommodation remains a challenge. Existing legislation in a number of States maintains definitions of reasonable accommodation that are narrower than the one provided for in article 2 of the Convention on the Rights of Persons with Disabilities. Moreover, some States lack practical guidance on how to provide it and/or on how to assess cases of disproportionate or undue burden, which limits the provision of that right. Contributions to the present report illustrate the fact that many States do not consider earmarking funds for the implementation of reasonable accommodation by the relevant public institutions and thus resort to the budget for ordinary operations, which are often limited and underfunded. Furthermore, budgetary frameworks do not usually provide for a flexible mechanism to respond to immediate requests for reasonable accommodation. Hence, States should not only ensure the provision of accommodation in line with the Convention, but also allocate sufficient earmarked funds for that purpose and train its public officials to ensure effective implementation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 27
- Paragraph text
- States need to take all necessary measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise, including private schools, health-care providers, employers and providers of goods and services. Contributions to the present report illustrate that, in many cases, the non-discrimination provisions for persons with disabilities, in particular the duty of States to provide reasonable accommodation, applied exclusively to public entities, could not thus be invoked in cases of discrimination by private actors. States must enforce the provision of reasonable accommodation in both the public and private sectors.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 28
- Paragraph text
- Ensuring access to justice and effective remedies for victims of discrimination, whether through judicial or non-judicial proceedings, is essential for the enforcement of non-discrimination frameworks. Persons with disabilities are often denied access to justice on an equal basis with others for a variety of reasons, including denial of their legal capacity, lack of awareness of their rights, unaffordability, inaccessibility and absence of procedural accommodation. In many States, the national human rights institution or an equality body is mandated to examine allegations of discrimination, with different levels of powers and competences. While in some cases those institutions can impose sanctions and redress, in others they are only able to issue non-binding recommendations. In such contexts, judicial remedies should complement the work of national human rights institutions and equality bodies.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 29
- Paragraph text
- States might also consider adopting specific measures to accelerate or achieve de facto equality of persons with disabilities, in order to increase their participation in different areas, such as education, employment or political participation, as foreseen in article 5 (4) of the Convention on the Rights of Persons with Disabilities. For instance, many States have already implemented positive measures or affirmative actions, in particular employment quotas, to combat discrimination against persons with disabilities at work. Nevertheless, it is worth noting that in the absence of human rights-based public policies oriented to combating the structural disadvantages faced by persons with disabilities, the impact of those positive measures will be insufficient to prompt a change towards more inclusive societies.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 30
- Paragraph text
- States need to pay attention to the multiple and intersecting forms of discrimination faced by persons with disabilities. The Convention on the Rights of Persons with Disabilities recognizes the significance of such forms of discrimination, particularly in relation to women and children with disabilities, since they are at a higher risk of discrimination and exclusion (see subparagraph (p) of the preamble and articles 6 and 7). In the design and implementation of public policies and programmes, States must acknowledge the situation of the most marginalized groups among persons with disabilities, such as women, youth, older persons, indigenous persons, persons with psychosocial disabilities, persons with intellectual disabilities, autistic persons and deaf-blind persons (see, for example, CRPD/C/SVK/CO/1 and CRPD/C/AUS/CO/1). To be inclusive, policies and programmes must respond to the needs of those heterogeneous groups.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 31
- Paragraph text
- As with racism, sexism, ageism and xenophobia, ableism is a prevalent problem in all societies that must be acknowledged and contested. The assu mption that persons with disabilities have less value than others lies at the root of many problematic policies and programmes related to persons with disabilities. However, whereas other forms of intolerance are increasingly challenged by public opinion, ableist ways of thinking usually legitimize the rhetoric behind different forms of discrimination against persons with disabilities. The Convention on the Rights of Persons with Disabilities carries an enormous potential to challenge negative assumptions regarding persons with disabilities and to foster respect for their rights and dignity. To combat ableism, States must respect and embrace diversity by promoting awareness throughout society of the capabilities and contributions of persons with disabilities and accepting them as part of human diversity.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 32
- Paragraph text
- Accessibility is a requirement to build barrier-free, inclusive societies where people can live independently and participate fully in all aspects of life and in their communities. Without access to the physical environment, transportation and information and communications, persons with disabilities cannot exercise their rights, participate in and benefit from development programmes and policies. All physical infrastructures, including buildings, transport systems, public spaces and any other facilities, should be designed in a way that they can be fully accessed and used by persons with disabilities. That includes not only entrances, hallways, rooms, restrooms and emergency evacuation routes, but also furniture and devices available for public use, such as elevators, counters, blackboards and cash machines. All information and communications should also be designed in an accessible manner, including signage, announcements, documents and television and radio broadcasts. When accessible information and communications are not available, a range of persons with different disabilities cannot effectively benefit from public policies and programmes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 33
- Paragraph text
- According to articles 3 (f) and 9 of the Convention on the Rights of Persons with Disabilities, States have an international obligation to take appropriate measures to ensure access to persons with disabilities, on an equal basis with others, to the physical environment, transportation, information and communications, including information technologies and systems, and other facilities and services open or provided to the public, be they public or private, in urban, remote and rural settings. Such measures must include the identification and elimination of all existing barriers in the implementation of policies and programmes. General comment No. 2 (2014) on accessibility of the Committee on the Rights of Persons with Disabilities provides useful guidance on implementing those obligations.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 34
- Paragraph text
- The principle of universal design is fundamental to achieving full accessibility. Universal design implies that products and environments are designed to be usable by everyone, to the greatest extent possible without the need for adaptation or specialized design. Accessibility can therefore be achieved, not merely by retrofitting existing infrastructure, but by applying the principles of universal design, where programmes, policies and infrastructures are designed with the full range of human diversity and capabilities in mind. As the Committee made clear in its general comment No. 2, universal design makes societies accessible for all individuals, not only for persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 49
- Paragraph text
- States should adopt guidelines and criteria to regulate the delivery of assistance and support services, including standards for training and certification. Sign language interpreters, interpreters for deaf-blind persons, personal assistants and other intermediaries should be trained and certified. In the case of sign language interpreters, certification must be in the country's official sign language. Ethical codes of conduct should also be adopted to assist service providers in fulfilling their duties. Representative organizations of persons with disabilities should be consulted and engaged in all such processes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 50
- Paragraph text
- States must also ensure that regardless of the type of service delivery arrangement (direct provision, public-private partnerships, partnerships with community-based or non-governmental organizations), persons with disabilities receive quality services and adequate support. Services should be designed to enable direct choice and the control of users over services providers, including the way in which support should be provided. In some countries, the allocation of personal budgets is the best option to ensure choice and control by persons with disabilities, thus allowing each individual to decide whom to employ and the type of services and support they receive.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 51
- Paragraph text
- States should consider integrating as many assistance and support services as possible into their existing policies and programmes. In fact, to access the majority of public education, employment, justice or health programmes and services, many persons with disabilities need some kind of support or assistance. Children with disabilities may need additional support in schools, a person with psychosocial disabilities may require support in applying for disability benefits, a person with intellectual disabilities may need a job coach to access employment. States should budget and plan for such services when designing their policies and programmes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 52
- Paragraph text
- Some disability-specific services may be run as separate programmes. They might comprise, among others, services that promote the autonomy and independence of persons with disabilities by providing information, training on independent living skills and peer counselling. They may also include services to help persons with disabilities in the transition from segregated facilities to living in the community. A good practice for delivering such services is through independent living centres that are run primarily by persons with disabilities. Such centres play a fundamental role, not only in the provision of services, but also in supporting individuals to advocate for inclusion and promoting broader changes at the community level.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 57
- Paragraph text
- States need to address the interface between national and subnational levels of governance. In many countries, local governments are directly responsible for the implementation of important public policies in the areas of education, health care, housing, planning, construction and development. The lack of a coordinated response between national and local authorities has a negative impact on the availability and quality of services for persons with disabilities, in particular those living in disadvantaged rural and remote areas. Central Governments must ensure, to the extent of their competencies, adequate funding and technical support for local authorities in order to help them fulfil their functions.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 58
- Paragraph text
- International cooperation plays an important role in supporting national efforts for the implementation of disability-inclusive policies. States must undertake appropriate and effective measures to foster international cooperation, including South-South and triangular cooperation, in partnership with organizations of persons with disabilities. The participation of persons with disabilities is essential to ensure that they are both agents and beneficiaries of development aid. The adoption of the Sustainable Development Goals constitutes an excellent opportunity for ensuring that international cooperation is inclusive of and accessible to persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 59
- Paragraph text
- The promotion of gender equality is also a critical aspect to be included in disability-inclusive policies. Men and women with disabilities face different forms of exclusion and discrimination throughout their life cycle and expectations relating to their role within the family, school, workplace and the community also differ greatly and vary widely across countries. While many States have adopted legal frameworks to guarantee equality of rights between women and men, as well as national gender action plans, only a few have taken concrete action to address the specific needs of women and girls with disabilities, to enhance their participation and to dismantle the barriers they face.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Men
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 60
- Paragraph text
- Mainstreaming is essential for securing the inclusion of persons with disabilities in different areas of development. All general policies and programmes must be designed to be as inclusive as possible, in order to not create or perpetuate existing barriers in the environment, be they physical, informational, institutional or attitudinal, and must incorporate a disability perspective into policymaking in all sectors and at all levels of governance. As previously mentioned, that can be accomplished by ensuring non-discrimination, accessibility and support provisions. Mainstream strategies may lead to modifications in the objectives and processes of programmes to ensure that persons with disabilities participate in and benefit from them.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 61
- Paragraph text
- Persons with disabilities may have particular needs, which cannot be met by making general programmes inclusive, but which can be remedied by establishing disability-specific programmes. However, given that the needs of persons with disabilities cut across all sectors, they should be pursued in an integrated, coherent and well-coordinated manner, as opposed to through an ad hoc approach. Supplying assistive devices that only persons with disabilities need is one thing, but ensuring their participation in education, water and sanitation, employment, health care, transportation, governance, justice and other areas cannot be achieved without mainstreaming disability everywhere.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 62
- Paragraph text
- In the same vein, while the reasons for including persons with disabilities in more specialized or technical areas of government, such as energy, agriculture or climate change, may not seem obvious at first, it is important to do so. Policies and programmes in those areas respond to people's needs and thus can have an impact on the lives of persons with disabilities. Persons with disabilities, for example, experience the effects of climate change differently and more severely than persons without disabilities. It is therefore important to analyse the implications of all policies and programmes for persons with disabilities, to ensure that they are inclusive.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 63
- Paragraph text
- Persons with disabilities know best which barriers they face in their own contexts and how they impact on their lives. Article 4 (3) of the Convention on the Rights of Persons with Disabilities requires States to closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations in the development and implementation of legislation and policies concerning issues relating to them. That includes any policy and programme, whether disability-specific or mainstream, that might have a direct or indirect impact on their lives. It is therefore imperative to include them fully in the development, implementation, monitoring and evaluation of all policies and programmes. The Special Rapporteur has developed a thematic study on the right of persons with disabilities to participate in decision-making that provides specific guidance on how to ensure that obligation is met ( A/HRC/31/62).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 64
- Paragraph text
- States must adopt all appropriate legislative, administrative and other measures to ensure the effective and active participation of persons with disabilities in all phases of policy development. That requires prior consultation and engagement with representative organizations of persons with disabilities before the adoption of all policies and programmes. Importantly, States should be aware that service providers may have a conflict of interest and should give priority to the views of representative organizations of persons with disabilities led by persons with disabilities themselves.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 65
- Paragraph text
- Preparatory studies and analysis for policy formulation should include consultation and engagement with representative organizations of persons with disabilities, and incorporate relevant data on persons with disabilities and on potential barriers and facilitators in the environment that might influence policy outcomes. Proposals for policy design should also clearly identify how persons with disabilities will be included. Any public forum or process for reviewing policy proposals should be fully accessible to persons with disabilities and representative organizations of persons with disabilities should be invited to participate in them.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 66
- Paragraph text
- Implementation and evaluation should also be conducted in a participatory manner. Efforts should be made to recruit persons with disabilities into the State apparatus and to positions with private entities contracted by Governments. States should explore partnerships with representative organizations of persons with disabilities for the provision of services in order to gain inputs from users of services themselves, without waiving their primary responsibility for service provision. All monitoring and evaluation systems should examine the level of engagement of persons with disabilities in all policies and programmes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 67
- Paragraph text
- National strategies and plans for the inclusion of persons with disabilities must be cross-cutting and comprehensive, with clear lines of accountability as to which State authorities are responsible for implementing them and in what time frame. States must designate an entity with the required authority for overseeing the implementation of such strategies, including requesting and receiving reports and other internal data from other line ministries in order to effectively monitor their actions in implementing disability-inclusive policies. States must also ensure that the agencies mandated with the different aspects of implementation are provided with adequate resources for that purpose. Government focal points and coordination mechanisms to advance and facilitate the implementation of the Convention on the Rights of Persons with Disabilities should be considered for that purpose, as foreseen in article 33 (1) of the Convention.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 68
- Paragraph text
- The effective implementation of laws, policies and regulations promoting disability inclusion also requires strong enforcement mechanisms, with meaningful penalties for non-compliance. Enforcement mechanisms should be focused at two levels. On the one hand, the State entity overseeing the national strategic plans on disability inclusion must have the authority to initiate investigations and recommend sanctions to both State and private entities who fail to implement them. Those can range from simply making the list of non-compliant entities public to the levying of fines, or the confiscation of public funds. On the other hand, persons with disabilities should themselves be able to trigger a procedure when they feel that State or private entities have failed to comply with adopted policies and programmes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 69
- Paragraph text
- At the very least, States should establish complaint mechanisms for persons with disabilities to lodge grievances against non-compliance with laws and regulations. Those grievances should be investigated and sanctioned accordingly. National human rights institutions and independent mechanisms to promote, protect and monitor implementation of the Convention can play a key role in carrying out inquiries and investigations into the implementation of policies and programmes (as required by article 33 (2)), as well as providing assistance to persons with disabilities in accessing legal remedies. Consumer protection agencies have also demonstrated that they can be an effective mechanism for challenging non-compliance with the rights of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 70
- Paragraph text
- States must ensure that all sectoral budgets are devised in accordance with their strategies and plans for the inclusion of persons with disabilities and that public spending is monitored. First, ministries should budget and be accountable for all spending on disability-specific expenditures. Some States have established earmarked funds for persons with disabilities in the budget of all their government entities, aimed at covering disability-specific initiatives. Those schemes promote both service demand and supply, making programmes increasingly inclusive. Secondly, all sectoral budgets must include indicators to measure how much of the general mainstream budget pursues objectives that support the inclusion of persons with disabilities. To be effective, those measures must be accompanied by training and guidance for finance officers.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 71
- Paragraph text
- All expenditures should be monitored to ensure compliance with the human rights-based approach to disability. Public funds should not be spent to perpetuate or reinforce discrimination and the exclusion of persons with disabilities (for example, by constructing residential institutions). Consideration should be given to State budget and expenditure frameworks producing reports, in collaboration with representative organizations of persons with disabilities and national human rights institutions, to identify spending that is not consistent with the rights of persons with disabilities, in order to prevent the waste or inefficient use of public resources. Contributions received for the present report illustrate that corruption in State institutions and service providers and flawed procurement processes have an additional negative impact on the allocation of resources.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 72
- Paragraph text
- States should have a timely system for generating appropriate indicators, including the disability indicators outlined in the Sustainable Development Goals and the disaggregation of all indicators by "disability status". In addition, States may need to develop national indicators to address specific goals and concerns tailored to their particular country context. To produce such indicators, States are required to disaggregate data by disability. Article 31 of the Convention on the Rights of Persons with Disabilities requires States to collect statistics and data to enable them to formulate and implement policies to give effect to the rights of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 73
- Paragraph text
- The short set of six questions on disability formulated by the Washington Group on Disability Statistics provides a well-tested method for identifying persons with disabilities in national surveys and censuses in an internationally comparable manner. Adding the questions to national surveys (for example, household income and expenditure surveys, labour force surveys and demographic and health surveys) will enable the disaggregation of data needed to monitor most public policies, as well as the indicators for the Sustainable Development Goals. Together with the Washington Group, the United Nations Children's Fund has developed a specific set of questions for children with disabilities and the International Labour Organization is developing a module on employment and disability for labour force surveys. Other relevant instruments available for in-depth data collection on disability include the WHO model disability survey. All those tools are important for supporting the efforts of States to collect data disaggregated by disability.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 74
- Paragraph text
- A cultural change in how disability is perceived is essential for disability- inclusive policies to be truly successful. Persons with disabilities must not be seen as objects of aversion or charity, but rather as rights holders in the same way as every member of society. An inclusive policy framework must therefore contain strong components that focus on awareness-raising and combating stereotypes and negative attitudes towards disability and persons with disabilities. Awareness - raising efforts can consist of training for State authorities, public officials, the private sector and the media, multimedia campaigns and the incorporation of disability-sensitive materials in school curricula.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 76
- Paragraph text
- Persons with disabilities are disproportionately affected by inequalities, with significant consequences for individuals, families, communities and societies in general. In order to overcome those inequalities, States must ensure that their national policies and programmes address the needs of persons with disabilities and promote the active participation of their representative organizations in their design, implementation and evaluation. For that purpose, it is necessary to adopt disability-inclusive development strategies that incorporate non-discrimination, accessibility and support measures for persons with disabilities. The United Nations and international cooperation partners should play a crucial role in supporting national efforts for the implementation of disability-inclusive policies, including data collection and monitoring.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 77
- Paragraph text
- With the adoption of the 2030 Agenda for Sustainable Development, most States will conduct a review of their national policies against the goals and targets of the Sustainable Development Goals. That represents a unique opportunity to include persons with disabilities adequately across all policies and programmes, as well as to ensure policy coherence and intersectoral coordination. Leaving no persons with disabilities behind requires that all States and relevant stakeholders collaborate to design and implement policies and programmes that are inclusive of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 13
- Paragraph text
- Participation is a core human rights principle, as well as a basic condition of democratic societies. Participation allows individuals to play a central role in their own development, as well as in the development of their communities. People have a right to participate in decisions that affect their lives, including those concerning their rights. The active and informed participation of different groups, including women, children, older persons, indigenous peoples and persons with disabilities, is not only consistent with but is also a requisite of a human rights-based approach. It ensures active citizenship, good governance and social accountability.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Older persons
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 14
- Paragraph text
- Participation is firmly rooted in international law. It is established in the Universal Declaration of Human Rights that every person has the right to take part in the government of his or her country, directly or through chosen representatives, and the right to equal access to public service (art. 21). The principle of participation through the right to equal participation in public affairs, the right to vote and to be elected, and the right to have equal access to public service are reaffirmed in the International Covenant on Civil and Political Rights (art. 25). Participation has subsequently been codified as a principle and a human right in other international and regional human rights instruments, including the Convention on the Rights of Persons with Disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 15
- Paragraph text
- The Convention on the Rights of Persons with Disabilities addresses participation as a cross-cutting issue. Participation is embodied in its preamble and in its purpose (art. 1), and it is recognized as a general principle (art. 3) and as a fundamental political right (art. 29). Participation is expressly mentioned in relation to the rights to independent living and being included in the community (art. 19), inclusive education (art. 24), habilitation and rehabilitation (art. 26) and participation in cultural life, recreation, leisure and sport (art. 30). The concept is also present in the article on children with disabilities (art. 7), and in the articles that prescribe prerequisites for enabling participation such as those on accessibility (art. 9) and on freedom of expression and opinion and access to information (art. 21). The Convention on the Rights of Persons with Disabilities further highlights the importance of participation in its articles on implementation and monitoring mechanisms (arts. 4, 33, 34 and 35) and on international cooperation (art. 32).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 17
- Paragraph text
- Such participatory processes had a positive impact on the quality of the treaty and its relevance for persons with disabilities. Furthermore, the importance given in the Convention on the Rights of Persons with Disabilities to full and effective participation by all persons with disabilities represents a profound paradigm shift in international human rights law whereby persons with disabilities are not "objects" to be cared for but rather "subjects" enjoying human rights and fundamental freedoms on an equal basis with others. While the core international human rights instruments already considered persons with disabilities on an equal basis with others, before the adoption of the Convention on the Rights of Persons with Disabilities those legal obligations were rarely used to advance the rights of persons with disabilities. Moreover, persons with disabilities faced significant barriers to participation in public life and often had their views disregarded in favour of those of representatives of "organizations for persons with disabilities" and other groups of "experts".
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 18
- Paragraph text
- While participation in political and public life entails a web of specific rights, such as the rights to vote and be elected, to access public services, and to participate in the conduct of public affairs, other human rights and fundamental freedoms contribute significantly to public participation by persons with disabilities, such as the rights to freedom of expression, freedom of association and peaceful assembly. These rights enable persons with disabilities and their representative organizations to achieve change peacefully and legitimately through the democratic process. The Convention on the Rights of Persons with Disabilities broadened the significance of the participation of persons with disabilities in decision-making to beyond the scope of political rights, ensuring that they could express their views in all matters affecting them.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 19
- Paragraph text
- Persons with disabilities must enjoy the right to vote and to be elected on an equal basis with others. No one should be restricted, either in law or in practice, in the enjoyment of political rights on the grounds of disability. States must guarantee the right of persons with disabilities to vote and to be elected, including by ensuring that the electoral process, the voting facilities and materials are adequate, accessible and easy to understand and use, and by facilitating the use of assistive and new technologies. States should also guarantee that voting by secret ballot can be carried out without intimidation, including through the assistance, at their request, of a person of their choice.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 20
- Paragraph text
- Worldwide, persons with disabilities face multiple forms of discrimination that prevent them from exercising their rights to vote and/or stand for election. Inaccessible voting processes hinder the participation of persons with disabilities in elections. The denial or restriction of legal capacity often triggers a denial of political rights to certain persons with disabilities, especially of the right to vote. Similarly, being placed in a psychiatric or social institution often prevents persons with disabilities from exercising their right to vote.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 21
- Paragraph text
- States must set objective and reasonable criteria for accessing public service positions, which do not directly or indirectly discriminate against persons with disabilities. In line with the Convention on the Rights of Persons with Disabilities, States must take all necessary measures, including the provision of reasonable accommodation and support, to guarantee to persons with disabilities the right and the opportunity to hold office effectively and perform any public function at any level of government on an equal basis with others. States must also ensure that persons with disabilities are not excluded from public service positions because of inaccessible recruiting procedures, public buildings or services. Furthermore, States must take the specific measures necessary to accelerate or achieve de facto equality of persons with disabilities in accessing public service positions (art. 5), and enact policies and measures to ensure the employment of persons with disabilities in the public sector.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 23
- Paragraph text
- Persons with disabilities may participate in the conduct of public affairs either directly or indirectly. Direct participation entails deciding on public issues through a referendum or other electoral process, as well as taking part in popular assemblies and in other consultative spaces established by the State to engage with its citizens. Indirect participation in public affairs can be exercised by voting freely to elect representatives, and through membership in civil society organizations (CSOs). CSOs comprise a wide range of non-State and voluntary organizations, associations, networks and groups formed by people within the social sphere of civil society, including representative organizations of persons with disabilities. Therefore, participation must be ensured to both individuals and groups.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 24
- Paragraph text
- States have an obligation under international human rights law to closely consult with and actively involve persons with disabilities in policymaking, through their representative organizations. Since the adoption in 1993 of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, the international community has consistently acknowledged that policymaking and programme implementation in relation to the rights of persons with disabilities is to be undertaken in close consultation with, and with the involvement of, representative organizations of persons with disabilities. Accordingly, the Convention on the Rights of Persons with Disabilities clearly provides for the involvement and full participation of persons with disabilities and their representative organizations in monitoring its implementation, as well as in other decision-making processes, including legislative, administrative and other matters, that affect any of their rights.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 25
- Paragraph text
- Diversity is a fundamental aspect of human existence. Human beings experience life from different perspectives in accordance with their multiple human traits or identities: sex, race, colour, ethnicity, sexual orientation, language, religion, origin, age, disability or any other status. This diversity is reflected in the way in which people take decisions, exercise agency and participate in society. Persons with disabilities are part of this human diversity and, arguably, embody one of the most heterogeneous population groups. Notwithstanding, despite decades of efforts, in practice persons with disabilities continue to face barriers to their participation as equal members of society, all over the world. They rarely occupy positions in governments, their opinions are seldom considered, and they are usually not consulted in policymaking, including on matters directly affecting them.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 26
- Paragraph text
- As was evident in the process leading to the adoption of the Convention on the Rights of Persons with Disabilities, the participation of persons with disabilities in public decision-making can have an enormous impact on government actions affecting them and can lead to better decisions, since persons with disabilities are best positioned to identify their own needs and the most suitable policies for meeting them. Their participation ensures that States' policies and programmes are devised on the basis of their needs and preferences. Therefore, the inclusion of persons with disabilities in public decision-making will result in greater efficiency and a more equitable use of resources, leading to improved outcomes for persons with disabilities and their communities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 27
- Paragraph text
- An inclusive society is one that values and celebrates diversity and recognizes that individuals with different experiences, talents and viewpoints bring new ideas and solutions. By bringing complementary and diverse perspectives, persons with disabilities can make a significant contribution to policymaking and decision-making, foster opportunities for innovation and efficiency, and better reflect the diverse demands of citizens. States that encourage the active participation of all their citizens, including persons with disabilities, are more likely to reduce tensions and thus increase social cohesion.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 28
- Paragraph text
- Participation in itself can be a transformative tool for social change. Efforts to actively involve persons with disabilities in decision-making processes are important not only because they result in better decisions and more efficient outcomes, but also because they promote agency and empowerment. Through participation, citizens become more involved in public decisions and more informed about how policymaking works and how they can contribute to it. When persons with disabilities get involved in public decision-making, they develop advocacy and negotiation skills that enable them to better express their views and realize their aspirations. The more that persons with disabilities participate in such processes, the stronger their voices become. Indeed, an increase in social capital is strongly linked to an increase in participation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 29
- Paragraph text
- The effective and meaningful participation of persons with disabilities can also promote a sense of ownership. Ownership among citizens should not be interpreted narrowly or underestimated, as it reinforces public acceptance and the successful implementation of public policy. Effective participation of persons with disabilities in all stages of policymaking will develop their sense of ownership and responsibility vis-à-vis public decisions and can reinforce the interest of administrations in decision-making driven by public preference. Accordingly, such participation may contribute to enhanced public trust and reduced opposition to governments' decisions. Disability groups would also have the opportunity to develop a closer relationship with decision makers and policymakers and to influence the advocacy of other groups.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 30
- Paragraph text
- The participation of persons with disabilities can further enhance their sense of pride, as traditionally they have been either excluded from decision-making processes or included in a way that has not enabled their effective and meaningful engagement. The invisibility of persons with disabilities in public decision-making reinforces misperceptions towards them and, ultimately, contributes to a lack of awareness of their capabilities and rights as equal members of democratic societies. Their meaningful participation fosters respect and support for diversity in society, breaking down stereotypes and strengthening their identity as a group.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 31
- Paragraph text
- As persons with disabilities constitute at least 15 per cent of the global population, which equates to 1 billion people, their participation in the implementation of policies and programmes can have a profound effect on societies. Their ability to actively participate in the labour market, education, family life, leisure, culture and sport on an equal basis with others requires the breaking down of multiple cross-cutting attitudinal, structural and physical barriers. The inclusion of persons with disabilities in all matters, including but not limited to disability-specific processes, directly tackles these barriers and avoids the creation of new ones. Their active inclusion sends a clear message to decision makers and the society at large that persons with disabilities are rights holders capable of participating and engaging meaningfully at all levels of society.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 32
- Paragraph text
- There is increasing recognition that participation is a critical component of good governance and democracy. Civil society is an important vehicle for channelling the interests and expectations of its members and groups who may be experiencing barriers in participation. CSOs are strategic actors that can encourage States' transparency and accountability and can encourage States to fight inequality and exclusion. Organizations of persons with disabilities can play an important role in promoting effective governance, holding authorities accountable and making them responsive to their needs, and in improving public management and human rights protection. Responses to the questionnaire highlighted numerous good practices regarding the participation of persons with disabilities in public decision-making, which demonstrate their role and added value in policy design and in the subsequent implementation and monitoring processes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 34
- Paragraph text
- By stating that the primary obligation of States is to closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations, the Convention on the Rights of Persons with Disabilities addresses the fundamental challenge of a lack of direct participation of persons with disabilities. Following the motto of the disability movement, "nothing about us without us", persons with disabilities are recognized as the main interlocutors when it comes to the treaty's implementation and States should always give priority to their opinions in matters affecting them. Furthermore, in line with article 12 and the general principles of the Convention, the right to participate applies to all persons with disabilities, including those who might need extensive support in order to express their positions.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 35
- Paragraph text
- To ensure their participation, to mobilize social capital and to facilitate collective action among them, all persons with disabilities have the right to form, join and participate in CSOs, particularly representative organizations of persons with disabilities. International, national and local organizations of persons with disabilities strengthen the influence of the disability community, and play a mediating role between individuals and the State thus contributing to building inclusive societies where the rights of persons with disabilities are fully realized.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 36
- Paragraph text
- Representative organizations of persons with disabilities are non-governmental membership-based organizations created with the aim of collectively acting, expressing, promoting, pursuing and/or defending a field of common interest. Led and controlled by persons with disabilities, these organizations should be recognized by the sector that they aim to represent, and may use different strategies to promote their goals, including advocacy, awareness-raising, service delivery and peer support. They can operate as individual organizations, coalitions, or umbrella organizations of persons with disabilities that seek to provide a coordinated voice of the disability movement in its interaction with public authorities. Organizations of parents of children with disabilities are key to facilitating, promoting and securing the autonomy and active participation of their children, with the will and preferences of the child always being respected and their evolving capacities always being taken into account.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 37
- Paragraph text
- The Convention on the Rights of Persons with Disabilities has accelerated the process of establishing organizations of self-advocates with intellectual disabilities, of autistic persons and of other individuals who may need extensive support to express their positions. Organizations of parents and relatives of persons requiring support have often played a role in providing such support and one can find organizations that include parents as well as self-advocates. The role of parents in such organizations should increasingly move towards the provision of support, with self-advocates in full control.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 38
- Paragraph text
- It is important to distinguish between organizations "of" persons with disabilities, which are led by persons with disabilities, and organizations "for" persons with disabilities, which are usually non-profit organizations that provide services to persons with disabilities and often also advocate on their behalf. This advocacy role needs to be carefully assessed, as it can easily happen that advocates seek to ensure the continuity of services, regardless of whether or not they are human rights-based or the preferred options of persons with disabilities. The failure of States to acknowledge the distinction between organizations "of" and "for" persons with disabilities lies at the heart of historical tensions between the two types of organization, such as those around legitimacy, choice and control, and the allocation of resources. In their pursuit of genuine participation by persons with disabilities in decision-making processes, States need to ensure that the will and preferences of persons with disabilities themselves are given priority.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 39
- Paragraph text
- States must create an enabling environment for the establishment and functioning of representative organizations of persons with disabilities as part of their obligations to uphold the right of freedom of association. The Convention on the Rights of Persons with Disabilities requires that States promote the establishment of organizations of persons with disabilities to represent the latter at the international, national, regional and local levels (art. 29). Accordingly, States should adopt a policy framework that facilitates their establishment and sustained functioning, which should include a review of the existing legislation, the provision of financial and other support, and the establishment of a formal mechanism recognized by law ensuring that organizations of persons with disabilities can register as legal entities, participate and be consulted.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 40
- Paragraph text
- Organizations of persons with disabilities often face major challenges in acquiring legal status, because registration procedures are inaccessible, expensive and bureaucratic. This constitutes an obstacle to obtaining legal personality and external funding and to qualifying for tax benefits. Moreover, regulations in many countries require that organizations of persons with disabilities belong to both a mainstream and a disability-specific register to acquire the necessary formal status. Consequently, numerous organizations representing persons with disabilities remain unregistered. States must implement registration systems that are simple, flexible, expeditious, fully accessible, non-onerous and/or even free of charge, to facilitate the registration of organizations of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 42
- Paragraph text
- States have an obligation not to unduly obstruct the exercise of the right to freedom of association in law or in practice. In that regard, representative organizations of persons with disabilities have the right to operate free from State interference in their affairs; their members should be free to determine their statutes, structure and activities and to make decisions without State intrusion. States must therefore refrain from interfering in the decisions and activities of these organizations, and adopt all necessary measures, including legislative measures, to limit the ability of national, regional and local authorities to hinder their operations, such as by reviewing registration and funding requirements.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 43
- Paragraph text
- Globally, CSOs and human rights defenders are increasingly facing State restrictions on their operations. In some countries, they are subject to reprisals by the State, in the form of restrictions, censorship, budget cuts, intimidation and baseless criminal charges. The Special Rapporteur has been informed of threats against organizations of persons with disabilities aimed at restricting their operations after they had advocated for their rights at the international level and denounced obstacles to registering and obtaining external funding. In such environments, persons with disabilities cannot fully exercise their right to public participation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 45
- Paragraph text
- States often justify and legitimize their interventions into an organization's functioning by claiming the need to enhance accountability and transparency, or to harmonize or coordinate their activities, when the real intention is, in most cases, to silence dissident opinions and turn such organizations into governmental appendages. However, representative organizations of persons with disabilities are not part of the public sector and cannot be subjected to regulation and control, unless it is prescribed by law and is necessary to protect a legitimate interest in a democratic society. States must also ensure that members of representative organizations of persons with disabilities have unfettered access to an independent and impartial judicial body to resolve any internal disputes.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 47
- Paragraph text
- Capacity-building is another key component for the effective and meaningful participation of persons with disabilities. Advocacy is more likely to be successful when organizations work strategically, have a clear understanding of policy processes and invest in people skills. The empowerment of persons with disabilities involves the development of technical, administrative and communication skills, as well as the facilitation of access to information and tools concerning their rights, legislation and policymaking. Implementation of the many innovations in the Convention on the Rights of Persons with Disabilities requires a strong and independent disability movement, one that can adequately respond to the demands of participation on all matters relevant to the movement.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 48
- Paragraph text
- Structural challenges are a major obstacle to the participation of persons with disabilities in public decision-making. As education systems often fail to adequately include persons with disabilities, their opportunities and capacities to become successfully involved in public decision-making are limited. This also affects the institutional capacities of their representative organizations. The lack of social protection systems for securing sufficient income and employment opportunities also affects the capacity of persons with disabilities to devote time and effort to civil society.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 49
- Paragraph text
- Pursuant to their obligations under the Convention on the Rights of Persons with Disabilities, States should strengthen the capacity of representative organizations of persons with disabilities to participate in policymaking, by providing capacity-building and training on a rights-based approach to disability. States should also build the competencies, knowledge and skills required by representative organizations to advocate for their full and effective participation in society (e.g. on topics such as strategic planning, communication, information disclosure, stakeholder consultations, networking, advocacy and independent monitoring mechanisms).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 51
- Paragraph text
- The ability of representative organizations of persons with disabilities to access funding and resources is an integral and vital part of the right to freedom of association and the effective participation of persons with disabilities. Funding stability is essential to ensure effective and sustainable work programmes, enabling organizations to grow internally. Any registered or unregistered organization should be able to seek and secure funds and resources from domestic and international donors, including private individuals, private companies, CSOs, States and international organizations.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 52
- Paragraph text
- Securing sustainable funding is one of the main challenges faced by representative organizations of persons with disabilities. Contributions to the present report illustrate that some States have established temporary or permanent funds to support the functioning of these representative organizations as well as the participation of persons with disabilities in various decision-making processes. While those schemes are important for the sustainability of representative organizations, the broad discretion of State authorities to allocate resources is of concern, as it may affect the independence and autonomy of organizations. Moreover, it is worrisome that in some cases, State funds are only intended for the provision of services, which limits the funding opportunities for existing and potential organizations focusing primarily on advocacy.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 53
- Paragraph text
- When organizations are unable to access domestic funds to support their activities, due either to a lack of or the limited availability of government funding, or a lack of interest by the private sector, they often rely on external sources. In such cases, donors' preferences for funding activities rather than core institutional functions, as well as their sometimes narrow agendas, can prevent representative organizations of persons with disabilities from establishing a viable organizational structure. Such trends have an impact on organizations' long-term planning and engagement in a given area. Furthermore, the lack of a financial or funding history prevents many grass-roots organizations from applying for any type of funding.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 54
- Paragraph text
- The recommendation formulated by the Committee on the Rights of Persons with Disabilities to increase the public resources available for representative organizations of persons with disabilities, including those representing children with disabilities, should be implemented to enable them to fulfil their role under the Convention on the Rights of Persons with Disabilities. States should not only economically support the establishment and strengthening of organizations of persons with disabilities, but also allow them to access foreign funding as a part of international cooperation, which CSOs are also entitled to benefit from.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 56
- Paragraph text
- Representative organizations of persons with disabilities should build collaborative relationships with other actors, including CSOs from other sectors, NGOs, human rights defenders, providers of services, political parties, multilateral organizations and international cooperation agencies, to work collectively for respect of the human rights and fundamental freedoms of persons with disabilities. Collaboration requires a common understanding of the human rights-based approach to disability, thus avoiding charity-based and paternalistic approaches. The rights of persons with disabilities are not "disability-specific" rights but universal human rights that apply to all human beings.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 57
- Paragraph text
- There are various types of cooperation that representative organizations of persons with disabilities engage in, such as promoting the mainstreaming of the rights of persons with disabilities in advocacy initiatives conducted by other groups subject to exclusion and discrimination, such as indigenous people or older persons. This approach is of particular importance since persons with disabilities have often been invisible and excluded from non-disability-specific discussions and processes. Furthermore, representative organizations of persons with disabilities can benefit from the strengths and experience of other civil society movements to strengthen the disability movement.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 58
- Paragraph text
- Because women and girls with disabilities have historically encountered many barriers to participation in public decision-making, due to power imbalances and multiple forms of discrimination, they have had fewer opportunities to establish or join organizations that can represent their needs as women and persons with disabilities. Consequently, despite the widespread human rights violations affecting them, the intersectionality between gender and disability-based issues is still not fully included in the work of the different stakeholders promoting the rights of persons with disabilities or the rights of women. Acknowledging this situation, the Convention on the Rights of Persons with Disabilities requires States to take all appropriate measures to ensure their full development, advancement and empowerment. States must take steps to eliminate the barriers that prevent their participation in public decision-making and must ensure that all participatory mechanisms and bodies take into account both disability- and gender-related factors and the complex interrelationships between them.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 60
- Paragraph text
- States must promote the participation of persons with disabilities across all population groups, including those historically discriminated against or disadvantaged, such as indigenous people, poor or rural-based persons, lesbian, gay, bisexual, transgender and intersex persons, and others. States must also ensure that the voices of persons with disabilities from throughout the life cycle are heard (particularly those of children, adolescents and older persons) and from across the whole range of impairments and experiences of disability (including deaf persons, autistic persons, deafblind persons, and persons with psychosocial or intellectual disabilities).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- LGBTQI+
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 61
- Paragraph text
- Representative organizations of persons with disabilities should promote the participation of women and girls with disabilities, as well as that of persons with disabilities from all population groups, as active members, in a spirit of pluralism and inclusiveness. While representative organizations of persons with disabilities may have different agendas and different engagement at various levels of government, this multiplicity of interests and strategies should not lead to the exclusion of specific groups of persons with disabilities. Only by embracing its diversity will the disability movement find its strength.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 62
- Paragraph text
- The Convention on the Rights of Persons with Disabilities requires States to adopt all appropriate legislative, administrative and other measures to ensure effective and active participation by persons with disabilities in public decision-making. This entails recognizing the right of persons with disabilities to both participation and association, as well as the right of organizations of persons with disabilities to represent persons with disabilities at the national, regional and local levels. States must also adopt a legal framework conducive to the direct and indirect participation of persons with disabilities in law and policymaking, amending or repealing legislation, regulations, customs and practices that limit the ability of persons with disabilities and their representative organizations to participate. The participation of persons with disabilities in public life must be a cross-cutting principle of good governance.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 63
- Paragraph text
- National legal frameworks must explicitly require that State authorities consult closely with and actively involve persons with disabilities (including women and children with disabilities) through their representative organizations, in the development and implementation of legislation and policies concerning issues relating to them. This requires prior consultations and engagement with representative organizations of persons with disabilities at all stages of public decision-making, including before the adoption of legislation, policies and programmes that affect them. This duty stretches beyond consultation and access to public decision-making spaces and moves into the areas of partnership, delegated power and citizen control.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 66
- Paragraph text
- Although the Convention on the Rights of Persons with Disabilities underscores the involvement of persons with disabilities in decision-making processes through their representative organizations, it does not provide guidance on how participation should be ensured. The Committee on the Rights of Persons with Disabilities has highlighted the need to establish formal mechanisms and protocols, at all levels of the government, to conduct systematic consultations with representative organizations of persons with disabilities. These consultation mechanisms may include institutionalized consultative bodies and other formal mechanisms for direct participation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 69
- Paragraph text
- As certain groups of persons with disabilities face additional challenges to their participation in public life, they may be inadequately represented by existing representative organizations in a given country. Accordingly, States must not only encourage and support the participation of persons with disabilities from disadvantaged groups in representative organizations of persons with disabilities, but also show flexibility and establish consultative mechanisms to enable the participation of all persons with disabilities. This is particularly important for persons with multiple impairments, persons with intellectual or psychosocial disabilities, autistic persons and deafblind persons. States must devise outreach strategies aimed at ensuring the participation of these groups. The broad inclusion of persons with disabilities throughout the public decision-making process is one of the most effective tools for States to develop truly inclusive and diverse societies.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 70
- Paragraph text
- Finally, States must promote the participation of representative organizations of persons with disabilities beyond disability-specific consultative bodies and mechanisms. In many countries, although CSOs are part of different committees or collegiate bodies working on a variety of issues (such as poverty, employment or education), representative organizations of persons with disabilities are rarely invited to participate. As disability is a cross-cutting issue, representative organizations of persons with disabilities should have the same opportunity to participate in these forums as others do.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 73
- Paragraph text
- Whenever needed, States must also provide reasonable accommodation to persons with disabilities in all dialogue and consultation processes. This accommodation should include adequate time frames and the technical assistance necessary to ensure their effective participation on an equal basis with others. Regrettably, many countries do not recognize this right or limit its scope to the employment sector. However, according to international human rights law, States have an immediate duty to fulfil the right of reasonable accommodation, which is not subject to progressive realization and whose denial constitutes discrimination.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 74
- Paragraph text
- In most countries, children with disabilities are not provided with disability and age-appropriate assistance to allow them to participate in decision-making processes that may be relevant in their lives. States should guarantee the right of children with disabilities to express their views freely on all matters affecting them and give their views due weight in accordance with their age and maturity, on an equal basis with other children. Contributions to the present report illustrate the benefit of implementing disability-inclusive strategies and guidelines on children's participation in decision-making.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 75
- Paragraph text
- States must guarantee access to all facilities and procedures related to public decision-making and consultation. Accessibility is a precondition for persons with disabilities to fully participate in all aspects of life. Therefore, according to the Convention on the Rights of Persons with Disabilities, States must take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to the physical environment, transportation, information and communications (including information technologies and systems) and other facilities and services open or provided to the public, in both urban and rural settings.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 76
- Paragraph text
- Without accessible information and communication, a range of persons with different disabilities cannot effectively participate in law-making and policymaking. This is particularly the case for persons with sensory and intellectual impairments. Generally, decision-making bodies and mechanisms neither produce nor disseminate information in accessible formats (such as easy-to-read), nor do they ensure the availability of sign language interpretation, guide interpreters for deafblind persons, or captioning during public debates. States must ensure that the entire public decision-making process is made accessible, including buildings, information, materials and communication pertaining to public debates.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 77
- Paragraph text
- New information and communications technologies, particularly the Internet, can significantly enhance the participation of persons with disabilities in public decision-making processes. There is a growing awareness of the role of the Internet in broadening the concept of "online citizenship", especially through e-government and e-democracy initiatives. States should increase their efforts to reduce the access gap in the use of the Internet and other information and communications technologies, while ensuring full accessibility. Electronic participation should not prevent States from providing other forms of participation and consultation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 79
- Paragraph text
- Consequently, good faith should be a foundation stone of all State actions during processes of dialogue and consultation with representative organizations of persons with disabilities, and should permeate States' interpretations of their own rules for participation in public decisions. Consultations must embrace transparency, mutual respect, meaningful dialogue and a sincere desire to reach consensus. They must take place in accordance with procedures that are appropriate to the circumstances of the diversity of the disability movement and must allow for reasonable and realistic timelines.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 81
- Paragraph text
- Due to stigma and segregation, persons with disabilities often remain invisible in society and their opinions are not duly taken into account or recognized as valid. States must raise the awareness of societies about the importance of persons with disabilities participating in public decisions and about the positive impact that they have on the decision-making. They should develop specific training programmes targeted at authorities and public officials, especially those involved in policymaking. These actions must be undertaken in consultation with representative organizations of persons with disabilities, and the active participation of persons with disabilities as teachers, instructors or advisors must be ensured.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 83
- Paragraph text
- States parties to international and regional human rights instruments have an obligation to ensure that their domestic legislation is consistent with international standards. The Convention on the Rights of Persons with Disabilities requires States to adopt all the appropriate legislative measures to implement the human rights and fundamental freedoms of persons with disabilities, and to repeal any inconsistent legislation. Therefore, States should undertake a holistic review of the adequacy of their existing legislation, in view of their obligations under the Convention. During this process, States must closely consult with and actively involve persons with disabilities through their representative organizations.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 85
- Paragraph text
- While the legislative process may vary from country to country, legislatures should guarantee the participation of persons with disabilities throughout the entire process, including in deliberative assemblies or chambers that debate and vote on draft laws concerning issues relating to persons with disabilities. National legislatures should establish specific provisions in their rules of procedure to enable the participation of representative organizations of persons with disabilities in advisory groups and legislative committees, as well as in public hearings and online consultations. The accessibility of facilities and procedures must also be guaranteed.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 86
- Paragraph text
- The right of persons with disabilities to participate in public decision-making also covers public budgeting processes. Representative organizations of persons with disabilities can play an important role in public budgeting, by providing critical information on the concerns, needs and priorities of persons with disabilities. The participation of persons with disabilities and their representative organizations in public budgets ensures that resources are allocated to priority areas, and that bodies implementing mainstream and disability-specific policies and programmes are held accountable for their performance.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 88
- Paragraph text
- Contributions to the present report have illustrated that persons with disabilities and their representative organizations are generally excluded from public budgeting processes. Inadequate resource allocation and inadequate identification of priority areas, including for funding participatory mechanisms and for representative organizations of persons with disabilities, are of concern. States must therefore adopt a framework that facilitates the participation of persons with disabilities and their representative organizations at all stages of the budgeting process.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 89
- Paragraph text
- Article 33 of the Convention on the Rights of Persons with Disabilities requires States to designate one or more government focal points and to consider the establishment of a coordination mechanism to advance and facilitate the implementation of the treaty at all levels. States are also required to establish an independent mechanism to monitor the implementation of the Convention. Involvement and full participation by persons with disabilities and their representative organizations is required not only in the monitoring process but in all the provisions within article 33.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 90
- Paragraph text
- Consequently, the establishment of any national framework for the implementation or monitoring of the Convention on the Rights of Persons with Disabilities must include persons with disabilities through their organizations. These frameworks must be operated in a transparent manner and persons with disabilities must be allowed to define the criteria of representativeness in accordance with their own procedures. The autonomy and independence of the monitoring mechanisms and of representative organizations must be ensured in order to enable their effectiveness.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 91
- Paragraph text
- The Convention on the Rights of Persons with Disabilities underscores the importance of the participation of persons with disabilities and their representative organizations at the international level. It invites States to consult and involve representative organizations of persons with disabilities in the preparation of State party reports to the Committee on the Rights of Persons with Disabilities (see art. 35 (4) of the Convention). States should also consult with persons with disabilities when preparing their reports for other human rights mechanisms, such as other treaty bodies, the universal periodic review and the special procedures.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 92
- Paragraph text
- The Convention on the Rights of Persons with Disabilities also invites States to closely consult and actively involve persons with disabilities, through their representative organizations, when nominating candidates to serve as experts for the Committee on the Rights of Persons with Disabilities (see art. 34 (3) of the Convention). This provides an opportunity for persons with disabilities to suggest qualified candidates and to be nominated as members of the Committee. States should encourage applications from persons with disabilities and support their participation in election processes for this Committee and those of other treaty bodies.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 93
- Paragraph text
- In recent years, several proposals have been made to strengthen the treaty body system and overcome past challenges, including engagement with civil society. The ability of persons with disabilities and their representative organizations to participate in international human rights monitoring requires the availability of procedures and information in accessible formats. The universal periodic review, the human rights treaty bodies and the special procedures of the Human Rights Council, as well as regional human rights bodies, should increase efforts in this regard.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 96
- Paragraph text
- International cooperation is pivotal to support national efforts for the realization of the purpose and objectives of the Convention on the Rights of Persons with Disabilities, especially in developing countries. States must undertake appropriate and effective measures to foster international cooperation between and among States, including South-South and triangular cooperation, in partnership, as appropriate, with relevant international and regional organizations and CSOs, particularly organizations of persons with disabilities. Involvement and consultation by persons with disabilities is essential in order to ensure that they are both agents and beneficiaries of official development aid. States should take into account their expertise in identifying priority areas for funding, as well as key areas for capacity-building and research. Contributions to the present report illustrate the added value of establishing disability-inclusive consultative forums or working groups attached to national cooperation agencies.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 98
- Paragraph text
- International cooperation agencies should directly engage with and support representative organizations of persons with disabilities, and should consider increasing funding to achieve that engagement and support. In recent years, many donors have reduced the number of regions and countries in which they operate, thereby affecting organizations of persons with disabilities in middle-income countries. Additionally, funding is often tied to the condition that organizations must provide a percentage of co-funding from another source, but many representative organizations of persons with disabilities are unable to comply with this requirement and are thus excluded from such aid. Donors should take this factor into account and show flexibility in their conditions.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 99
- Paragraph text
- The right of persons with disabilities to participate in political and public life on an equal basis with others encompasses the right to participate in decision-making. The latter is an essential condition for a human rights-based approach to development and the realization of the Sustainable Development Goals. The Convention on the Rights of Persons with Disabilities provides a robust framework for guaranteeing the participation of representative organizations of persons with disabilities, and their active involvement and participation in public decision-making. States must embrace these obligations as an opportunity to enhance good and effective governance and to foster agency and empowerment among persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 100b
- Paragraph text
- [The Special Rapporteur offers the following recommendations to assist States in realizing the right of persons with disabilities to participate in decision-making:] Create an enabling environment for the establishment and functioning of representative organizations of persons with disabilities, especially by: (i) Adopting a policy framework favourable to their establishment and sustained operation; (ii) Guaranteeing their independence and autonomy from the State; (iii) Providing support for capacity-building; (iv) Securing access to funding mechanisms, including public funding and international cooperation;
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 100c
- Paragraph text
- [The Special Rapporteur offers the following recommendations to assist States in realizing the right of persons with disabilities to participate in decision-making:] Adopt legislation to require State authorities to closely consult with and actively involve persons with disabilities, including children and women with disabilities, through their representative organizations, in the development and implementation of legislation and policies that directly or indirectly concern them. States should establish formal mechanisms and remedies to challenge decisions that do not adhere to this requirement;
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 100d
- Paragraph text
- [The Special Rapporteur offers the following recommendations to assist States in realizing the right of persons with disabilities to participate in decision-making:] Engage with women and girls with disabilities and secure their direct participation in all processes of public decision-making, and guarantee that such participation and consultation is conducted in a safe environment, particularly in processes relating to the development of legislative or policy measures regarding violence and sexual abuse;
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 13
- Paragraph text
- Support is the act of providing help or assistance to someone who requires it to carry out daily activities and participate in society. Support is a practice, deeply embedded in all cultures and communities, that is at the basis of all our social networks. Everyone needs support from others at some stage, if not throughout their life, to participate in society and live with dignity. Being a recipient of support and offering support to others are roles we all share as part of our human experience, regardless of impairment, age or social status. However, while some forms of support have been naturally integrated into social design, others, such as that required by persons with disabilities, are still marginal.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 14
- Paragraph text
- Support for persons with disabilities encompasses a wide range of formal and informal interventions, including live assistance and intermediaries, mobility aids and assistive devices and technologies. It also includes personal assistance; support in decision-making; communication support, such as sign language interpreters and alternative and augmentative communication; mobility support, such as assistive technology or service animals; living arrangements services for securing housing and household help; and community services. Persons with disabilities may also need support in accessing and using general services, such as health, education and justice.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 15
- Paragraph text
- For most persons with disabilities, access to quality support is a necessary precondition for living and fully participating in the community on the basis of choices equal to others. Without adequate support, persons with disabilities are at risk of falling into neglect and institutionalization. The provision of appropriate support is necessary to the realization of the full spectrum of human rights and enables persons with disabilities to achieve their full potential, thus contributing to the overall well-being and diversity of the communities in which they live. For many persons with disabilities, support represents an essential precondition for their active and meaningful participation in society, while preserving their dignity, autonomy and independence.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 16
- Paragraph text
- The existence of social and environmental barriers creates the need for support. For example, persons with disabilities who live in inaccessible communities may require greater support than if they lived in accessible ones. Individual support needs also vary according to personal factors, including level of impairment, age, socioeconomic status and ethnic origin. While the existence of strong non-discrimination legal frameworks and fully accessible general environments significantly facilitate the participation of persons with disabilities, many of them may still require support measures to be able to participate in the community on an equal basis with others.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 17
- Paragraph text
- Persons with disabilities constitute 15 per cent of the world population, approximately one billion people. Many of them require different forms of support, including for basic day-to-day activities such as getting up, bathing, dressing and eating. The sustained ageing of the global population, particularly in high-income countries, has also had a substantial impact on the demand for disability-related support, as older persons tend to be overrepresented in the disability community. Other sociopolitical factors such as conflict and migration increase the demand for support, as support networks tend to fall apart in such situations.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Older persons
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 19
- Paragraph text
- Regretfully, there is little public and political interest or attention to the support needs of persons with disabilities. In many countries, support is not included in national legislation and policies and, when available, it is an underfunded residual service with scarce provision that does not match people's needs. Moreover, whereas there are some forms of formal support for persons with disabilities in many high-income countries, this is not the case in many low- and middle-income countries. Consequently, the majority of persons with disabilities have to rely on informal forms of support, primarily from their families and personal networks.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 20
- Paragraph text
- Support is a normal part of community life, with families serving as the first source of support for everyone. For many persons with disabilities, family support serves as a bridge to access other assistance needed to fully enjoy their human rights. However, when no other options are available and families are the sole source of support, the autonomy of persons with disabilities and their family members is reduced. Those being supported have no choice or control over the assistance they require to pursue their life plans, and questions of overprotection and conflict of interest commonly arise. Families - especially the poorest - are also under significant pressure as unpaid familial support also affects social relationships, income levels and the general well-being of the household. Women and girls are disproportionately affected, as in practice they are the main providers of support within the household, reducing their freedom and choices to pursue their own life plans.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Girls
- Persons with disabilities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 21
- Paragraph text
- The absence of appropriate support systems increases the risk of segregation and institutionalization. When families do not get the necessary support, there is great pressure to place their family member with a disability in an institution. In addition, service providers in many countries continue to claim that institutions are the best way to support persons with disabilities. Thus, the only way a family can get any support for accessing basic services is by placing their family member in an institution. Both institutionalization and the lack of support within the family put persons with disabilities at risk of neglect, violence and abuse.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 23
- Paragraph text
- For a long time, responses to the assistance needs of persons with disabilities have been framed in terms of care. While care as a concept can be understood and used in several ways, the disability community has historically been critical of the idea of "being cared for" and of the traditional role of caregivers. Service models of care have traditionally treated persons with disabilities as passive objects or recipients of care, or as a "burden" for family and society, rather than as active holders of rights. Whether in formal or informal settings, care services have traditionally regarded persons with disabilities as dependents, which in most cases has not enabled them to fully participate in decisions affecting their lives.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 25
- Paragraph text
- The disability community has challenged the traditional concept of care on the basis of a social understanding of disability. The social model of disability draws attention to the interaction between an individual's perceived or actual impairment - be it physical, sensory, mental or intellectual - and the disabling barriers that hinder people from participating in society. Therefore, it is critical to enable inclusive societies that support persons with disabilities to participate and have the freedom and opportunities to live lives they value. This means replacing the legacy of paternalism, dependency and stigma that exist behind traditional approaches to care with the concept of support as a State obligation arising from human rights, equality and social justice.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 26
- Paragraph text
- The philosophy of independent living, which outlines the need for persons with disabilities to have autonomous and independent lives, reinforces the notion of support. However, independence needs to be framed in a way that takes into account the interdependence of human experiences and accepts reliance on others as a fundamental aspect of that interdependence, thus moving away from narrow interpretations of independence that conflate it with self-sufficiency and self-reliance. In this regard, support must ensure that persons with disabilities are able to exercise choice and control over their own lives, irrespective of their physical, sensory, mental and intellectual impairments, and over their own views, rather than having to follow the views of those looking after their needs.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 28
- Paragraph text
- Against this background, States must move away from the assistentialist and medical approaches and rethink their policy and practice of care from a human rights perspective. The provision of access to support is essential for the implementation of the Sustainable Development Goals. While the debates on political and social economy of care are receiving increasing attention from activists, researchers, States and international actors, they do not adequately address the rights of persons with disabilities. Discussions on care in the 2030 Agenda for Sustainable Development must be inclusive of persons with disabilities and incorporate a human rights-based approach to disability. The enjoyment by all persons with disabilities of all human rights and fundamental freedoms should be at the centre of any model of support and assistance.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 29
- Paragraph text
- International human rights law requires States to provide persons with disabilities access to appropriate support to carry out daily activities and participate in society. The Convention on the Rights of Persons with Disabilities - the highest international standard on promotion and protection of the rights of persons with disabilities - clearly stipulates the obligation of States to ensure access to a wide range of support services to persons with disabilities, and provides a comprehensive framework for its implementation. The Convention on the Rights of the Child also recognizes the obligation of States to ensure the assistance required by children with disabilities for achieving their fullest possible social integration and individual development (art. 23).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 30
- Paragraph text
- Regional human rights instruments have also recognized support to persons with disabilities. The European Social Charter (revised) enshrines the right of persons with disabilities to independence, social integration and participation in the life of the community, calling on States to facilitate access to technical aids and support services (art. 15). The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador) establishes an obligation to adopt measures to assist persons with disabilities to achieve the greatest possible development of their personality, including the implementation of programmes specifically aimed at providing them with the resources and environment needed for attaining this goal (art. 18). While the African Charter on Human and Peoples' Rights establishes a general obligation to facilitate "special protection measures" for persons with disabilities (art. 18 (2) and (4)), the draft protocol to the African Charter on Human and Peoples' Rights on the rights of persons with disabilities adopted by the African Commission on Human and Peoples' Rights in April 2016 explicitly recognizes support as a necessary measure to enable the realization of the rights of persons with disabilities (arts. 2 (h), 8, 10, 12, 13, 14, 16, 17, 20, 23, 25 and 26). Finally, the Incheon Strategy to "Make the Right Real" for Persons with Disabilities in Asia and the Pacific considers community inclusion and support as part of its policy direction. Its goal 4, Strengthen social protection, includes a target on enhancing services and programmes, including for personal assistance and peer counseling, that support persons with disabilities in living independently in the community.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 31
- Paragraph text
- That the core international human rights treaties do not explicitly mention support measures for persons with disabilities does not imply that the obligation did not exist prior to the adoption of the Convention of the Rights of Persons with Disabilities. Support is a human rights obligation arising from various rights, including the right to an adequate standard of living, the right to social protection, the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the right to education. The Committee on Economic, Social and Cultural Rights, in paragraph 33 of its general comment No. 5 (1994) on persons with disabilities, recognized that support and an adequate standard of living are interconnected and that the provision of necessary support services to persons with disabilities, including assistive devices, increases their level of independence in their daily living and to exercise their rights.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 32
- Paragraph text
- Support can also be derived from the basic principles of human rights, such as dignity, universality, individual autonomy, equality and non-discrimination, participation and inclusion. The universal nature of human rights provides an obligation on States to promote the full realization of rights for all people. Persons with disabilities should enjoy all human rights and fundamental freedoms on an equal basis with others. Access to adequate support is indeed a precondition for persons with disabilities to effective exercise of their human rights on an equal basis with others and, therefore, to live with dignity and autonomy in the community.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 33
- Paragraph text
- The State obligation to ensure access to support to persons with disabilities must be distinguished from the obligation to provide accessibility. While accessibility is an obligation related to the physical environment, transportation, information and communications - a requirement for barrier-free, inclusive societies - support is an obligation linked to the individual. Instead of transforming the environment, the goal is to assist the individual in a range of different activities, from communication to mobility. Whereas the level of accessibility may increase or decrease the need for support, the two are complementary obligations enabling persons with disabilities to live independently and to participate fully in all aspects of life.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 34
- Paragraph text
- Similarly, the right to reasonable accommodation is distinct from, although complementary to, the obligation to provide support. States are required to make all necessary and appropriate modifications or adjustments that do not impose a disproportionate or undue burden to allow persons with disabilities to exercise their rights. Such modifications or adjustments may include support measures tailored to the needs of an individual in a particular case. However, the obligation to ensure access to support is not limited by the qualification of disproportionate or undue burden.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 35
- Paragraph text
- In the Convention on the Rights of Persons with Disabilities support is firmly grounded in a complex substantive equality model introduced by the Convention. The treaty underlines the importance of taking the diversity of the human experience into account. The Convention underlines the importance of adopting all appropriate measures to support the full and effective participation of persons with disabilities in society on an equal basis with others. Its rights-based approach also places persons with disabilities at the centre of all decisions affecting them, including decisions about support and assistance.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 37
- Paragraph text
- Support is a cross-cutting obligation under the Convention. As part of the general obligations provided in article 4, States parties have an obligation to adopt all appropriate measures to implement the rights recognized in the treaty, including the provision of support services when necessary (art. 4 (1) (a)). States must also undertake or promote research and development, and promote the availability and use, of devices and assistive technologies (art. 4 (1) (g)), and provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, and other forms of assistance, support services and facilities (art. 4 (1) (h)).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 38
- Paragraph text
- The provision of specific forms of support is further referred to in articles 9 (accessibility), 12 (equal recognition before the law), 13 (access to justice), 16 (freedom from exploitation, violence and abuse), 19 (living independently and being included in the community), 20 (personal mobility), 21 (freedom of expression and opinion, and access to information), 23 (respect for home and the family), 24 (education), 26 (habilitation and rehabilitation), 27 (work and employment), 28 (adequate standard of living and social protection) and 30 (participation in cultural life, recreation, leisure and sport).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 39
- Paragraph text
- In many of its concluding observations, the Committee on the Rights of Persons with Disabilities has called upon States to provide access to support to persons with disabilities in different aspects of life. More specifically, in its general comment No. 1 (1994) on equal recognition before the law, the Committee stressed that support must respect the rights, will and preferences of persons with disabilities, and that the type and intensity of support to be provided will vary significantly from one person to another owing to the diversity of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 41
- Paragraph text
- The Convention challenges traditional approaches to care and has the potential to redress the legacy of disempowerment and paternalism. Furthermore, the notion of support in the Convention also has the potential to override traditional understandings of care and assistance for other groups, such as older persons and children. The Convention restores the importance of the "human being" in the human rights discourse by emphasizing the individual and social aspects of the human experience. These innovations can and should be incorporated into the implementation of all existing human rights instruments.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Older persons
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 43
- Paragraph text
- Women and girls with disabilities face significant difficulties in accessing support throughout their lives. On average, they are less likely to study and work; they earn less than men and thus have fewer opportunities to access appropriate support. Moreover, existing support services are frequently not responsive to the needs, nor respectful of the rights, of girls and women with disabilities. Male staff are often assigned to provide assistance, which may not respond to their preferences and create a heightened risk of abuse. In this regard, support cannot be addressed in gender-neutral terms. When designing and implementing policies and interventions on support, States must take into account the systemic and multiple discrimination faced by women and girls with disabilities. They must remove all barriers that interfere with access by women and girls to comprehensive support arrangements and provide appropriate assistance to those women with disabilities who perform care and support responsibilities as parents, without reinforcing patterns of discrimination and negative stereotyping.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 44
- Paragraph text
- Children with disabilities and their families require different types of support services, especially in the education and health sectors. They include assistive technology, communication support and individualized education plans, and information and assistance to families of children with disabilities in need. For too long, children and adolescents with disabilities have been mere recipients of "special care", when this is available at all, which resulted in widespread segregation, institutionalization and neglect. Instead, States must organize support services and measures that foster their well-being and enable them to realize their full potential. Families need help to understand disability in a positive way and to know how to help support their children to be autonomous and independent. Limited understanding of care can hinder their right to express their views freely on all matters affecting them, in accordance with their age and maturity, and to be provided with disability- and age-appropriate assistance to realize that right.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 45
- Paragraph text
- Older persons with disabilities also have difficulties in accessing support arrangements for daily life, such as personal assistance, assisted living arrangements and palliative care. While families are the most common source of support for older persons with disabilities in most countries, there is an increasing demand for institutional care, especially from family members and other informal supporters of persons with dementia, which is increasing the risk of institutionalization among older persons with disabilities. Importantly, older women with disabilities are more likely to be institutionalized owing to the different life expectancies of men and women. The provision of in-home support services, including personal assistance and help with household chores, can avoid institutionalization and improve the quality of life of older persons by enabling them to stay at home (see A/HRC/30/43, para. 72).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Persons with disabilities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 46
- Paragraph text
- Persons with disabilities belonging to groups that have been historically discriminated against or disadvantaged (such as indigenous peoples, ethnic minorities and persons living with HIV/AIDS) are disproportionately affected in accessing support arrangements and services. This also applies to migrants, persons living in conflict situations, internally displaced persons, refugees, asylum seekers, stateless persons and prisoners with disabilities, as humanitarian responses tend to overlook their support needs. Moreover, there is a strong link between belonging to a racial and cultural minority and experiencing coercion and institutionalization. Policies and programmes to ensure access to support must seek to overcome the impact of the multiple and aggravated forms of discrimination faced by persons with disabilities belonging to these groups in accessing support.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 47
- Paragraph text
- Policies and programmes to ensure access to support should respond to the heterogeneous needs of the diverse disability community, which includes deaf, deafblind and autistic persons, persons with psychosocial and intellectual disabilities and persons with albinism. For example, in Kazakhstan new regulations provide that all blind and deafblind persons are entitled to personal assistance. Nonetheless, while impairment-specific considerations may be necessary to provide targeted support services for specific groups, States should carefully assess whether the adoption of specific measures that benefit certain groups may exclude others.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 49
- Paragraph text
- Appropriate support services and arrangements must be available to all persons with disabilities in sufficient quantity within countries. States should consider establishing a system, under domestic law, to ensure access to a wide range of support measures. This system can be composed of a single scheme or a variety of schemes, both formal and informal. States have a duty to ensure that support is available for persons with disabilities, regardless of whether it is actually provided by public service providers, civil society, families, communities, or a combination of public and private actors. While the support provided by family, friends and the broader community is extremely important and should be encouraged and enabled, it is not always a reliable or sustainable solution in the longer term (see A/HRC/28/37, paras. 35-36).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 50
- Paragraph text
- Support systems should ensure the availability of an adequate number of functioning programmes and services to provide the fullest possible range of support to the diverse population of persons with disabilities, including communication support, support in decision-making, mobility support, personal assistance, living arrangements services and community services. Ensuring the availability of a reliable, skilled and trained workforce, including sign language interpreters, interpreters for the deafblind, personal assistants and other intermediaries, is a critical component of ensuring the availability of support. Assistive devices and technologies for persons with disabilities should also be available.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 51
- Paragraph text
- Support services and arrangements should be accessible to all persons with disabilities, especially the most disadvantaged ones, without discrimination of any kind. States must ensure that support is available within safe physical and geographical reach for everyone, including those living in institutions. All facilities and services providing support, public and private, including information and communications technologies and systems, must be accessible for the diverse disability community. States must take positive measures to ensure that persons with disabilities living in rural and remote areas also have access to support services and arrangements. Dissemination of information about existing services and social protection schemes must also be ensured.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 52
- Paragraph text
- Support must be affordable for all persons with disabilities. Support services represent a significant cost for persons with disabilities, preventing them from climbing out of poverty. States must ensure that support is available at nominal or no cost to the maximum extent of their available resources, and take into account the gender disparity in income and access to financial resources. Social protection systems can constitute a powerful strategy to facilitate access to support services for persons with disabilities (see A/70/297, para. 9). Qualifying conditions for accessing support must be reasonable, proportionate and transparent, and should not be limited to those persons protected by social insurance schemes. Additionally, States should include the provision of essential assistive devices and technologies in the coverage of national health insurance and/or social protection schemes, on the basis of the World Health Organization priority assistive products list (ibid.). States should also consider waiving import duties and taxes on assistive devices and technologies that are not produced domestically (ibid., para. 48).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 53
- Paragraph text
- States must take all appropriate measures to ensure that support programmes incorporate a rights-based approach, are provided on a voluntary basis and respect the rights and dignity of persons with disabilities. All support services and arrangements must be culturally appropriate; sensitive to gender, impairment and life-cycle requirements; and designed to respect the privacy of those concerned. Community-based approaches for the provision of support constitute an effective strategy to ensure the provision of responses that take into account geographical, social, economic and cultural issues.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 55
- Paragraph text
- States must design support services and arrangements so that they enable direct choice and control by persons with disabilities. Existing services often do not comply with this standard. In many instances the decisions of users can be overridden by professionals and family members. States must guarantee to persons with disabilities the opportunity to plan and direct their own support: who provides it and how, and whether it is provided in disability-specific services or in services offered to the general public. The denial or restriction of legal capacity, a widespread human rights violation worldwide, has a direct impact on the possibility for persons with disabilities to exercise choice and control over the support they receive and contributes to the imposition of services that are contrary to their dignity and rights.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 56
- Paragraph text
- Individual funding is a suitable way to ensure choice and control by persons with disabilities. Personalized schemes allow persons with disabilities to hire support directly, either from formal service providers or informal carers, or a combination of both. In this way, persons with disabilities can decide who provides them support and the type and level of support they wish to receive, and thus are much more empowered to ensure that they will receive adequate support. The implementation of such schemes should not, however, result in States relinquishing their primary responsibility to ensure access to appropriate support for persons with disabilities. On the contrary, States have a significant role to play in its management and monitoring.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 57
- Paragraph text
- States must establish legal and policy frameworks that ensure that support services and arrangements, including assistive technologies, are available, accessible, adequate and affordable. Many national legal frameworks do not include support services at all, or only for the exercise of certain rights (e.g., inclusive education or mobility). Moreover, when legislation does consider these services, States often do not have the appropriate policies and programmes in place to ensure implementation. States should review existing legislation and policies on support to ensure that they are compatible with the requirements of the Convention on the Rights of Persons with Disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 59
- Paragraph text
- Decentralizing the provision of support is a major challenge for many States. Contributions to the present report illustrate that where responsibility for the provision of support has been delegated to regional or local authorities, support is often underfunded and fragmented, allowing for regional disparities and inequitable access within the country. This situation gives persons with disabilities little certainty and limited choice of or control over support services and arrangements. States should enhance their internal coordination mechanisms to address support needs in a comprehensive manner, ensure that regional and local authorities receive adequate budget, and implement and monitor the provision of support services effectively. Persons with disabilities should be able to retain the support they receive when they move to another region in their country.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 60
- Paragraph text
- Support is usually delivered by a mixture of providers, including State agencies, private organizations, non-profit organizations, charities and families. In high- and middle-income countries, States have traditionally been the main source of formal support, either through their centralized health-care or social protection systems or through local authorities. In many cases, States fund and contract non-profit organizations and private organizations to carry out these interventions. In low-income countries, charities and international non-governmental organizations are the main providers of formal support, often with limited sustainability and low standards of quality. Regardless of the type of service delivery arrangement, States have an obligation to ensure that persons with disabilities have access to and receive quality services and adequate support, including when service provision is delegated to non-profit organizations and private actors. In such cases, States must adopt a comprehensive regulatory and monitoring framework that involves a due diligence obligation.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 63
- Paragraph text
- Persons with disabilities and their representative organizations must participate in all decision-making processes related to the design, implementation, monitoring and evaluation of support services and arrangements. Persons with disabilities know best what type of support they require and the barriers they face in accessing it. The Convention on the Rights of Persons with Disabilities explicitly requires States to consult closely with and actively involve persons with disabilities, including children with disabilities, in the development and implementation of legislation and policies concerning issues relating to them (art. 4 (3)). The Special Rapporteur's thematic study on the right of persons with disabilities to participate in decision-making (A/HRC/31/62) provides specific guidance in this regard.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 64
- Paragraph text
- States should promote collaboration and partnerships between public authorities and civil society organizations, including representative organizations of persons with disabilities, in the area of provision of support, particularly at the subnational and operational levels. In this way, support systems can benefit from the outreach capacity of organizations of persons with disabilities, their knowledge of local contexts and their mobilization and advocacy capacity. For instance, in Kenya the Government funds organizations of persons with psychosocial disabilities to run peer support groups in seven counties that facilitate support for decision-making and community living.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 65
- Paragraph text
- States must ensure that all persons with disabilities enjoy equal access to quality support without discrimination. Public and private service providers and agencies cannot deny access to support on the basis of disability, whether directly or indirectly, and they must ensure the provision of reasonable accommodation to all those who may require it. States should review all eligibility criteria and assessments from a human rights perspective to ensure they are not discriminatory, in line with the recommendations included in the Special Rapporteur's thematic study on the right of persons with disabilities to social protection (A/70/297).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 66
- Paragraph text
- States must abolish discriminatory practices in the provision of support. For instance, many States continue to rely on institutional and residential care and provide support services predominantly in those settings. Furthermore, the existence of guardianship and other substitute decision-making regimes present great challenges for persons with disabilities in accessing support services. These practices not only deprive them of the possibility to choose their supports, but also contribute to perpetuating their isolation, forced treatment and institutionalization. States should not bundle access to support with such requirements as accepting certain residential arrangements or undergoing medical treatment. Stigma and discrimination also have a negative impact on access to support services by persons with disabilities. Misconceptions about them often result in hiding persons with disabilities at home, and even attacks against them, such as in the case of persons with albinism. Consequently, many persons with disabilities fail to receive the necessary support and instead survive in dire conditions.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 67
- Paragraph text
- The sustainability of support services and arrangements represents a major challenge in both developing and developed countries. Whereas in most low-income countries support is funded and provided mainly by families, charities and international non-governmental organizations, many high- and middle-income countries are reducing their direct public investment in support and are turning to non-profit organizations and community networks to take charge of these services. States usually invoke the scarcity of resources and economic difficulties to justify their failure to provide support services and arrangements to persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 68
- Paragraph text
- States have an obligation to mobilize resources to their maximum availability to ensure access to support for persons with disabilities. Earmarked funds aimed at covering support, close collaboration and engagement with civil society and increasing efficiency can contribute to greater sustainability of support systems. Participatory budgeting processes, when they are inclusive of persons with disabilities, can also help to expand the allocation of public funds to support persons with disabilities. Social protection systems can also constitute a powerful strategy to facilitate access to support for persons with disabilities (see A/70/297, paras. 4-9).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 69
- Paragraph text
- States must refrain from adopting retrogressive measures that affect their obligation to ensure access to support for persons with disabilities. In times of crisis, more support is needed, rather than cuts (ibid., para. 85). Reduction and caps on direct payments, personal budgets and other benefits; stricter eligibility criteria; the elimination or reduction of subsidies and tax credits; and reduced expenditures on community support services, such as in-home services and personal assistance, affect the right to live independently and be included in the community and to an adequate standard of living. States should ensure sufficient resources for individual funds to enable persons with disabilities to access appropriate support.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 70
- Paragraph text
- International cooperation can play a crucial role in the implementation of support systems. Donor countries and international organizations should consider increasing funding for the design and development of sustainable national support systems and securing the necessary funds to implement development aid inclusive of the support arrangements required by persons with disabilities. For example, when funding national education systems, donors should take into account the obligation to provide support to children and adolescents with disabilities within the general education system to facilitate their effective education.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 71
- Paragraph text
- International cooperation must be consistent with the human rights of persons with disabilities and provided in a sustainable and culturally appropriate manner. To this end, international assistance should not support practices contrary to the human rights-based approach to disability. International organizations, non-profit organizations, charities and other organizations operating in national contexts should refrain from implementing projects that are not sustainable or that violate the rights of persons with disabilities, such as "care homes" and special schools.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 73
- Paragraph text
- States must monitor effectively the access of persons with disabilities to appropriate support. For that purpose, States should build, within their national legal and policy frameworks, clear accountability mechanisms, with indicators and benchmarks for measuring the accountability of State authorities. The governmental focal points and coordination mechanisms for the implementation of the Convention on the Rights of Persons with Disabilities, as required by its article 33 (1), should be considered as the mechanisms for overseeing implementation. To prevent the occurrence of all forms of exploitation, violence and abuse in the provision of support, States must ensure independent monitoring of all the facilities and programmes that provide services to persons with disabilities as well as the establishment of appropriate and effective safeguards.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 74
- Paragraph text
- Persons with disabilities should have access to effective judicial or other appropriate remedies when States fail to meet their obligation to ensure access. Similarly, States must guarantee that all persons with disabilities who have experienced any form of exploitation, violence or abuse in the context of support received have access to justice and effective remedies. These remedies should include adequate reparations, including restitution, compensation, satisfaction and guarantees of non-repetition, as appropriate. National human rights institutions and independent mechanisms to promote, protect and monitor the implementation of the Convention should be mandated to carry out inquiries and investigations (art. 33 (2)) as well as provide assistance to persons with disabilities in accessing legal remedies.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 76
- Paragraph text
- Some persons with disabilities may want support to make decisions, hence to exercise their legal capacity. The Convention on the Rights of Persons with Disabilities explicitly recognizes that States have an obligation to provide persons with disabilities with access to support in the exercise of their legal capacity (art. 12 (3)). States must replace regimes of substitute decision-making with regimes of supported decision-making that respect the rights, will and preferences of persons with disabilities, such as support agreements, peer support groups, self-advocacy support and advance directives, among others. In its general comment No. 1 (2014) on equal recognition before the law, the Committee on the Rights of Persons with Disabilities provides guidance on how to ensure access to support in decision-making.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 79
- Paragraph text
- Contributions to the present report illustrate different ways in which States provide support in the area of communication. For example, Cuba has certified 455 sign language interpreters who work in coordination with the National Association of the Deaf, the Ministry of Education and the Ministry of Higher Education, while Colombia has set up an online relay centre that facilitates the communication of deaf persons with anyone in the country through interpretation services. Deaf persons can also learn to use information and communications technology and be trained as interpreters.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 81
- Paragraph text
- Article 20 of the Convention requires States to facilitate the personal mobility of persons with disabilities in the manner and at the time of their choice, facilitate their access to assistive technologies and forms of mobility assistance and intermediaries, and provide training in mobility skills to persons with disabilities and staff working with them. It also encourages entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for persons with disabilities. The Special Rapporteur's thematic report on disability-inclusive policies (A/71/314) provides guidance to States on how to establish a policy framework that ensures access to assistive devices and technologies to persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 82
- Paragraph text
- States have an obligation to ensure that persons with disabilities have access to the personal assistance necessary to support living and inclusion in the community, as provided by article 19 (b) of the Convention. Personal assistance encompasses a broad range of arrangements designed to assist a person with disabilities to perform daily activities, including getting up, bathing, dressing, getting ready for work, going out, cooking, cleaning and shopping. Persons with disabilities may require personal assistance for different lengths of time, from full time to a few hours a week, depending on their individual needs.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 83
- Paragraph text
- Independent living centres and representative organizations of persons with disabilities can play an important role in ensuring access to personal assistance. They can disseminate information about the obligations of States and service providers, provide assistance in recruitment and budgeting, facilitate support groups and train those who wish to become assistants. They can also foster participatory processes for developing ethical principles and practice guidance. While personal assistants may not require specialized preparation, States should ensure they have adequate training in order to provide safe and quality support. For example, in the Republic of Korea, the Act on Personal Assistance Services for Persons with Disabilities specifies the qualifications, human resources and service providers relating to the provision of personal assistance.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 84
- Paragraph text
- Under article 19 (2) of the Convention States are required to ensure access to a range of in-home, residential and other community support services for persons with disabilities. The ultimate aim of this provision is to support living and inclusion in the community, and to prevent isolation or segregation from the community. Persons with disabilities should have the opportunity to choose where and with whom to live, and not be obliged to live in a particular living arrangement such as psychiatric hospitals, nursing homes or other institutions. Moreover, States have an obligation to facilitate the transition of persons with disabilities from those facilities to home- and community-based residences and to provide urgent aid to persons with disabilities who are at risk of becoming homeless or being institutionalized.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 85
- Paragraph text
- Persons with psychosocial disabilities can benefit significantly from community support services. Peer support, for example, is an effective tool to support people experiencing severe emotional distress and prevent coercion in mental health services, as well as providing them with community-based support. In the case of persons with albinism, the provision of adequate housing and community support are essential protection measures to prevent abductions and attacks. Contributions to the present report show a growing interest on the part of States in community support. In Chile, for example, the State created a programme that funds civil society organizations to provide support services for independent living. During its first year of existence, 40 projects were financed in 13 of the 15 regions of the country.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 86
- Paragraph text
- States should close all group living arrangement for persons with disabilities of any size that do not allow residents to participate in the community on an equal basis with others. In particular, States must establish an immediate moratorium on new admissions to institutions and set up a policy framework to guide deinstitutionalization processes. This framework should include the adoption of a plan of action with clear timelines and concrete benchmarks, the redistribution of public funds from institutions to community services and the development of adequate community support for persons with disabilities such as housing assistance, home support, peer support and respite services. Evidence shows that, when adequately planned and resourced, community services are much more cost-effective than institutional care.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 87
- Paragraph text
- General services, such as education, employment, justice and health, as well as other community services and social protection programmes, must consider the provision of support to persons with disabilities. Similarly, programmes to end domestic violence should include appropriate forms of gender- and age-sensitive assistance and support for girls and women with disabilities. States should budget and plan for such measures when designing policies and programmes to ensure that support for persons with disabilities is available from the start.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 90
- Paragraph text
- Guaranteeing access to support for persons with disabilities is not only a human rights obligation for States, but also an essential condition to ensure that no one is left behind in the implementation of the 2030 Agenda for Sustainable Development. Even if we advance in the areas of accessibility and non-discrimination, persons with disabilities will always need to have access to support. In fact, without appropriate support to carry out daily activities and participate in society, many persons with disabilities will not be able to exercise their human rights and fundamental freedoms, and will remain at risk of abuse and institutionalization. Support measures are vital to enable persons with disabilities to benefit from all policies and programmes and to live fully in the community on an equal basis with others. States should guarantee the full and equal enjoyment of human rights and fundamental freedoms of persons with disabilities in the provision of support.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 91g
- Paragraph text
- [The Special Rapporteur makes the following recommendations to States with the aim of assisting them in developing and implementing support arrangements and services for persons with disabilities. States should:] Ensure that eligibility criteria for accessing support do not discriminate against persons with disabilities on any grounds and that disability assessments, when established, take into consideration the barriers affecting a person's participation and not only her or his impairment;
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 91l
- Paragraph text
- [The Special Rapporteur makes the following recommendations to States with the aim of assisting them in developing and implementing support arrangements and services for persons with disabilities. States should:] Encourage international cooperation actors, including international non-profit organizations, to carry out research on and provide funding and technical assistance for the provision of support for persons with disabilities, and refrain from implementing or supporting projects that contravene the Convention on the Rights of Persons with Disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 32
- Paragraph text
- The Special Rapporteur believes that regional bodies play an important role in interpreting international standards at the regional level and advancing the rights of persons with disabilities within relevant cultural and economic regional contexts. In this light, she will be available to provide advice upon request, taking into account the work plans and priorities of regional organizations in processes involving the promotion and protection of the rights of persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 12d
- Paragraph text
- [The Human Rights Council, in its resolution 26/20, decided to appoint, for a period of three years, a Special Rapporteur on the rights of persons with disabilities with the following mandate:] To conduct, facilitate and support the provision of advisory services, technical assistance, capacity-building and international cooperation in support of national efforts for the effective realization of the rights of persons with disabilities;
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 89
- Paragraph text
- The Special Rapporteur also recommends that the United Nations system, including all its programmes, funds, specialized agencies and other organs, continue its efforts to promote social protection systems that are inclusive of persons with disabilities, and provide additional technical guidance to States in implementing inclusive social protection systems.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph