Report on Rights of People with Disabilities

CD4 PEACE – REPORT OF THE 23rd MEETING, 52nd REGULAR SESSION HUMAN RIGHTS COUNCIL (March 2023)

March 13th, 2023: Special Report on persons with disabilities 

Main Report:

The president opens the special report on the rights of persons with disabilities which retains to Agenda Item 3: promotion and protection of all human rights, civil, political, economic, social, and cultural rights, including the right to development.

Gerard Quinn, Special Rapporteur on the rights of persons with disabilities, states that disability rights are, relatively, easily implemented through law and policy reforms. However he feels like the foundations of society are not aligned and work is called for to change the underlying programs and systems. Consequently, he identifies throughout the report the transformations that he deems necessary.

He acknowledges that demarginalization and giving the disabled a socially inclusive life is a part of their legal human rights in accordance with the UN's Convention on the Rights of Persons with Disabilities (CRPD). Under article 19, they have the right to live independently and be included in the community. Thirdly, he points out that governments ought to prioritize the advancement of the CRPD seeing as they aim to optimize returns for their taxpayers.

In the report he suggests tools that governments can utilize to effectively put the CRPD into practice. These are as follows: disclosing budgets to the consumer, personalizing support mechanisms to the individual as per their life circumstances, taking an appropriate approach to public procurement in aims of ensuring that the responsibilities of those in a fiscal relationship with taxpayers are executed (whilst being cautious of the monopolization of power), and promoting entrepreneurship within the disability community. He also intends to encourage the private sector to play a more significant role in the disability community and integrate themselves into the ecosystem. This could be in the form of consulting or even co-producing with civil society. The journey of transformation in policies is not without challenges. One that has previously presented itself is the need for the states to dictate the appropriate balance between formal and informal care. In addition, his report elaborates the importance of workforce development through recruitment and retention of staff that is achievable with meaningful career paths and reward systems. The UN will review the future of the care economy more attentively.

Next, the report describes his visits to the European Union (EU) and Jordan. His visit to the EU's headquarters in Brussels was from the 21stto 31st of March (2022). Quinn commends the EU for their efforts in advocating for the rights of disabled persons by firstly, ratifying the CRPD (being the only organization in the region) and secondly, developing their policies for action which they have backed up with notable financial resources. The EU's most recent initiative is the European Disability Strategy (2021-2023) which is another remarkable step in the direction of facilitating the lives of disabled persons. External policy in, specifically, development assistance, policy frameworks on human rights, and in multilateral and regional fora were impressive. Despite the progress, the lack of consistency in using EU funds to implement the CRPD, regarding the aspect of independent living, is disappointing. However, as a part of the new European Disability strategy the issue of institutionalizing disabled persons will be addressed with the objective to facilitate their independence.

During his visit to Jordan, from the 5thto the 15th of September in 2022, he had another pleasant encounter. Jordan is an early signatory of the CRPD and its dedication in advancing the rights of persons with disabilities is noteworthy regionally and globally after they co-sponsored the third Global Disability Summit in 2014. They have also explicitly prohibited, in their legal framework, discrimination against persons with disabilities and, equally, advocated for reasonable accommodation. However, after receiving an influx of refugees, the country needs support from the international community through humanitarian aid, for example, to target refugees with disabilities. After all, the country has hosted 760,000 refugees and asylum seekers.

Countries concerned:

The European Union

Jordan

The European Union, represented by Ms. Helena Boguslawska, thanks the Special Rapporteur for his visit to the EU and reiterates their support for his mandate. They state that the EU supports member states in matters relating to social protection systems, such as measures allocated to social protection benefits and long-term care. The Disability strategy tackles many elements, some of which are decision making, accessibility to education, employment, and housing. In accordance with the Disability strategy, the EU member states aim to deinstitutionalize and facilitate independent living for the concerned group. They would like to acknowledge the critical role of civil society in aiding persons with disabilities through services such as personal assistance or by improving accessibility of products.

Jordan, represented by Mr. Walid Khalid Obeidat, expresses appreciation to the special rapporteur for visiting Jordan. They tried to make Quinn's visit as productive as possible. They enabled him to converse with health workers with the goal of providing him with a greater understanding of care services. He states that Jordan is determined to help as is evident in their legal framework; article 6 communicates that the state is obliged to care for persons of this category. Furthermore, article 20 of the 2017 Act states that persons with disabilities are protected against neglect or marginalization and are entitled to the same rights as other Jordanian citizens. Regarding employment and vocational training, he also points out that there is a law in place, Law 35 adopted in 2021, that enforces a quota on employers to recruit a certain number of disabled persons. This quota is monitored by the ministry of labor. To raise awareness, the ministry of social affairs has also launched a campaign, which portrays their activeness.

The Statements of States and Organizations in Response to the Report

Iceland on behalf of Denmark, Estonia, Finland, Latvia, Lithuania, Norway, and Sweden, represented by Mr. Einar Gunnarsson, thanks the special rapporteur for highlighting the right of disabled persons to live independently. The Nordic and Baltic countries agree with the report and believe artificial intelligence as well as the business sector will transform services, so they rapidly shift into a human rights based approach.

The European Union, represented by Ms. Helena Boguslawska, thanks the Special Rapporteur for his timely report during the challenging period of the pandemic. She points out that the EU supports the CRPD which places minimum standards for the development of care systems. However, she emphasizes that it has to be an international effort to transform the system and the policies. The latter should adapt to genders, be inclusive of the disabled, be more personalized and should target a more balanced form of care between what is formal (paid) and what is informal (unpaid). In addition, she states that the EU's strategy for the Rights of Persons with Disabilities 2021-2030 aims to facilitate access to education, employment and even ameliorate their participation in politics and digital public services. She ends the statement by asking the Special Rapporteur a question, "how can, in your opinion, be fostered a more effective inclusion of persons with disabilities in decision-making in both public and private services sectors?''

Mexico on behalf of Latin American countries, represented by Ms. Francisca E. Méndez Escobar, states that living independently and being integrated into the community are integral to Convention on the Rights of Persons with Disabilities. She points out that member states are also obliged under article 19b to offer support services to the group concerned. However, she acknowledges that during the pandemic flaws in the existing support services were highlighted. and that Mexico and its delegation read the report with interest and took note of it.

Côte d'Ivoire (on behalf of member states), represented by Mr. François Kouame, expresses his agreement with the special rapporteur's arguments on the rights of disabled persons. Furthermore, he welcomes the special rapporteur which he hopes they will host this year. He also calls on the member states to facilitate support services given to persons with disabilities and shares that the African Union is working on some treaties for disabled persons.

Israel, represented by Ms. Adi Farjon, is in alignment with the special rapporteur's call to transform services in accordance with article 19 of the Convention. She adds that Israel's progress in the three predicates is underway as they are working on shifting the paradigm, developing policies, and involving the private sector. They also have negotiations concerning budgets, provision of services and modalities with different levels of government and include the service users, providers and, even the Breakthrough Partnership Forum in these discussions. She states that the special rapporteur's recommendations are either already implemented or in progress and they are committed to continue working on transforming services.

UN Women, represented by Ms. Adriana Quinones, thanks the special rapporteur for mentioning intersectionality and the gendered nature of care. They emphasize that women with disabilities are also caregivers however they have less access to non-cash-based benefits and services in comparison to their male counterparts. They call for greater attention to be given to how gender and disability interlink and urge that women and girls with disabilities co-design services that are gender and age responsive. They also ask the special rapporteur "what are some of the ways to ensure women and girls with disabilities as co-creators in the transformation of services for persons with disabilities incorporating gender perspectives?"

France, represented by Mr. Jerôme Bonnafont, thanks the special rapporteur for his report and supports the mandate. They provide adapted services to integrate persons with disabilities through training, housing, and education. Furthermore, every triennial a national conference is held to examine the applicable measures for persons with disabilities. They also call on all states to ratify the CRPD and pose a question to the special rapporteur "what state provisions do you recommend to improve the contribution of the private sector?''

Ecuador, represented by Ms. Marcia Beatriz Rochina Guzman, agrees with the special rapporteur's recommendation that traditional models of services and support must be changed to be consistent with the CRPD. They also implement public policies for the care of people with disabilities, such as social protection programs and services, the National Agenda for the Equality of Disabilities, and the Inter-institutional Protocol for the Reception of Emergency Alerts Related to People with Disabilities.

Ireland, represented by Mr. Noel White, expresses their gratitude to the special rapporteur for his call to take new approaches to service/support models. They are investing in reforms to aid persons with disabilities in living an autonomous life by offering individualized support and other services. They ask the special rapporteur, "can you speak further on the ways in which States can address the intersection of gender in the disability service paradigm in order to create more equitable policies?''

Portugal, represented by Mr. Mário Martins, welcomes the recommendation of the report. Although the pandemic presented big challenges it helped Portugal realize its need for reform and hence their implementation of the National Strategy for the Inclusion of Persons with Disabilities (2021-2025). They have also commenced community-based initiatives, such as offering personalized assistance to persons with disabilities living independently. In collaboration with Brazil, they have submitted a draft resolution on mental health and human rights. With the resolution they aim to shift from the old paradigm of institutionalization to a human rights-based approach.

UNICEF, represented by Mr. Alessandro di Rosa, welcomes the report of the special rapporteur. They are concerned, however, about the violence that persons with disabilities are confronted with at institutional facilities in some regions. Having these countries abide by the CRPD would improve the autonomy and support that these children receive. The NGO works across the globe to protect and provide for children and adolescents through e.g., cash transfers and other services. They call for member states to collaborate with children and adolescents with disabilities to co-design a disability-inclusive service paradigm and shift from solely impairment-based service models. They also emphasize developing independent complaint mechanisms for children and adolescents with disabilities as service users.

Tunisia, represented by Mr. Ramzi Louati, thanks the special rapporteur for his report on the rights of persons with disabilities. Tunisia, on the 13th and the 14th of March, will present their second and third national reports for Persons with Disabilities. They are also granting their new institution, which dates back to the 25th of July 2022 and is called the Care of Persons with Disabilities, constitutional status. Programs that provide benefits to medium and low-income families with Persons with Disabilities is another strategy aimed at integrating them economically.

The United States of America, represented by Ms. Sara Minkara, states that they are committed to protecting the rights of persons with disabilities as is enshrined in article 19 of the CRPD. They have invested in community-based services in aims of facilitating independent living, education, and integration of Persons with disabilities into the community. However, they acknowledge that a lot of work is yet to be done and ask the special rapporteur "what strategies are States using to effectively advance disability service system reforms while accounting for the acute workforce crisis and growing unmet need for services?''

United Arab Emirates, represented by Ms. Alya Salim Al Ali, thanks the special rapporteur. They agree with his recommendation of shifting to a new paradigm and hence, have partnered up with the Paralympics in Abu Dhabi to integrate persons with disabilities in various sectors such as Sports. Furthermore, they have adopted 31 initiatives to enhance social inclusion.

The Republic of Korea, represented by Mr. Kang Woohyan, thanks the special rapporteur for his insights. They believe that an essential factor that would help them stay in line with the CRPD is emerging technology, since it enables more personalized services for the disabled. An objective of theirs is to expand social inclusion, hence their policy of 'realizing a society without barriers between persons with and without disabilities through integrated support customized for persons with disabilities.' Finally, they ask the special rapporteur "could you elaborate more on the positive aspects of new and emerging digital technologies to the promotion and protection of rights of persons with disabilities, and suggestions on how these technologies could be employed with the aim to realizing the new model of service suggested by your report?''

Colombia, represented by Mr. Álvaro Enrique Ayala Melendez, thanks the special rapporteur. They prioritize autonomy and independence and have implemented a public policy to ensure that they are facilitating access to decent work. This, they state, will advance their intended objectives. Furthermore, the government has also adopted the Marrakesh treaty to ease access to public works for persons with disabilities.

Cyprus, represented by Ms. Andrea Petranyi, aligns itself with the statement of the European Union and welcomes the report of the special rapporteur. The National Strategy on the rights of Persons with Disabilities is the framework they use to highlight certain rights of persons with disabilities. Some of those rights are improving their quality of life, implementing reforms, and providing additional support in accordance with the CRPD. They hope to review their strategies ahead of their forthcoming National Action Plan for 2024-2026.

Paraguay, represented by Ms. Ana Edelmira Rolon Candia, thanks the special rapporteur for his report on the transformation of services for Persons with Disabilities. They call for all states to take a human rights-based approach rather than a medical one when redesigning support services. Paraguay has a digital registry for Persons with Disabilities that increases visibility of individual concerns. They also consider it crucial to find a balance between formal and informal services and ask the special rapporteur "how would you advise us to find the balance between formal and informal services?''

Zambia, represented by Ms. Eunice Luambia, thanks the special rapporteur for his comprehensive report and welcomes his recommendations. Zambia is an advocate for the rights of Persons with Disabilities and has enacted two laws, Act No. 6 of 2012 which is in alignment with the CRPD and Act No. 6 of 2019 which addresses mental health. They have also allocated bigger funds to the mandate. Zambia has developed community-based networks to facilitate dialogues and coordination.

China, represented by Mr. Liang Heng, welcomes the special rapporteur's recommendations on personhood, independence, and social inclusion. They believe it crucial to address the rights of Persons with Disabilities and hence have over 90 laws related to the topic. Persons with Disabilities that are less financially privileged receive help from the government. They have helped over ten million disabled people living in rural areas by giving them subsidies. China also hosted the Paralympic games in Beijing in 2022, hence showing their support to the group concerned.

Luxembourg, represented by Ms. Iness Chakir, expresses their concern about the conclusion of the special rapporteur's report as it portrays that current services to Persons with Disabilities are being approached medically. They believe that children with disabilities should not be segregated from their peers for education and should be integrated into classes. Specialized and non-specialized classes should also be joined to encourage people to accept differences. Finally, they ask the special rapporteur "what practices do you envision in order to include young Persons with Disabilities?''

FAO, represented by Mr. Dominique Burgeon, begins by stating that over 1 billion people live with disabilities globally and experience discrimination. They also highlight that the global health, food, and economic crises have affected Persons with Disabilities more significantly than others. FAO suggests that development and humanitarian programs should concentrate on the following:

· strengthening capacities for data collection and analysis on persons with disabilities; · increasing access to skill development opportunities, advisory services, and decent rural jobs, tailored to their specific needs;

· ensuring greater access to adequate social protection;

· fostering innovation, digitalization, and labor-saving technologies;

· partnering with persons with disabilities and their organizations

India, represented by Ms. Jaspreet Kaur, thanks the special rapporteur for his report. They were among the first few countries to ratify the CRPD with 27 million Persons with Disabilities to support through the UN convention. India enacted an Act in 2016 for Persons with Disabilities which protects them from discrimination, violence and reserves their rights to jobs in government and government-aided education institutes. They have also invested $180 million that has been distributed to 2.3 million people, scholarship schemes and NGOs to facilitate the lives of Persons with Disabilities. Finally, they have a project, called Unique Disability Identity-UDID, that has created a national database for 8.3 million people with disabilities thus far.

Indonesia, represented by Mr. Noviandri Wibowo, states that they recognize the importance of self-actualization and social inclusion to the CRPD. They have law number 8 of 2016 that guarantees equal opportunities in all aspects of life in society for persons with disabilities. Indonesia also included the core elements of autonomy and inclusivity in their 2021-2025 National Action Plan for Human Rights alongside other factors such as education and employment. They also highlight the importance of technology in achieving inclusivity. Finally, they thank the special rapporteur for his recommendations and ask him "how public and private sectors, especially in the developing and least developed countries, can strike a balance between swift recovery from the impact of pandemic and ensuring the persons with disabilities can enjoy their rights, especially the right to employment?''

The Russian Federation, represented by Mr. Maksim Raku, states that providing persons with disabilities help is usually determined by the extent of their illness hence they believe changing the approach from a medical one to a human rights one is not currently appropriate. The Russian Federation also supports the idea of involving the private sector in providing services for persons with disabilities. However, they oppose the special rapporteur's suggestion of not issuing licenses to companies who do not

follow the new approach as it would be counterproductive. They fear that if licenses are not issued, operations of companies might be jeopardized, and therefore support services could be limited.

Morocco, represented by Ms. Miriam Ragala, thanks the special rapporteur for his report. They have adopted policies to help both persons with disabilities and their families by allocating funds. These funds are distributed for the purpose of social protection and social cohesion. Consequently, three benefits are provided for firstly, the purchasing of technical aid and special equipment, secondly, the improvement of school involvement for children with disabilities, and thirdly, the promotion of vocational inclusion and income. They end by asking the special rapporteur "could you give us examples of the proper use of AI for persons with disabilities to enhance their autonomy and to provide them with humane services?''

Venezuela (Bolivarian Republic of), represented by Mr. Emilio Barroeta, welcomes the report of the special rapporteur. They support the idea of redesigning support services as they currently necessitate dependency and deny self-determination. Venezuela has also enacted a Disability Act which guarantees persons with disabilities the right to quality services. They reiterate their commitment to protecting the rights of people with disabilities and ensuring they are integrated within their communities.

Iraq, represented by Mr. Alaa Sami Mohammed, thanks the special rapporteur and states that they would like to abandon the stereotype of persons with disabilities being recipients of care and instead view them as active persons in society. Iraq has given persons with disabilities equal rights to other persons within society and hence they have the right to enjoy all fundamental Human rights. They also highlight that stakeholders and the private sector should collaborate to provide the concerned group with job opportunities.

Armenia, represented by Ms. Anna Sargsyan, welcomes the report of the special rapporteur. They adopted the Law on the Rights of Persons with Disabilities in 2021 to promote and protect their rights. This law has proven to be indispensable after war was unleashed by Azerbaijan in 2020, as it left thousands of people with physical and psychosocial disabilities. Armenia states that the International Disability Alliance and The European Disability Forum were concerned about the humanitarian issue caused by the blockade of the Lachin Corridor, which is a road connecting Nagorno-Karabakh to Armenia. As a result of the blockade, 120,000 people and more than 9,000 people with disabilities are confronted with human rights violations. Finally, they would like to clarify that they have not used the landmines that Azerbaijan has been claiming that they do and the ICJ has unanimously rejected these accusations twice.

Djibouti, represented by Mr. Maki Houmed Gaba, supports the statement of the African Group and thanks the special rapporteur for his report. They consider the rights of persons with disabilities as a national priority and have enacted a national law to protect their rights. They also have a national strategy (2021-2025) which includes access to housing, employment opportunities, and the adaptation of administrative sectors. They ask the special rapporteur "what main obstacles lay in the way for this change in paradigm to take place?''

Nepal, represented by Ms. Chandika Pokhrel, thanks the special rapporteur for highlighting that there needs to be a change in the design and delivery of support services to align with article 19 of the CRPD.

They have enacted the Act Relating to Rights of Persons with Disabilities (2017) which enables persons with disabilities to participate in policy making and development. Nepal has also formulated a 10-year national policy and action plan which ensures that people with disabilities have a right to services in line with constitutional provisions.

The Republic of Moldova, represented by Ms. Tatiana Molcean, begins by thanking the special rapporteur for his report and states that although efforts have been made to progress there is still a long way to go. They believe that persons with disabilities should have better access to education, healthcare, and other fundamental rights. Moldova having adopted the CRPD facilitates the lives of the group concerned by e.g., offering them rehabilitation services. After the aggression from the Russian military against Ukraine, Moldova has seen a rise in refugee flow and has prioritized support for those persons with special needs. They have already accommodated over 520 people with special needs, and their families, as a result of the war. They will continue to deliver services in a manner that is accessible and inclusive for persons with disabilities.

Egypt, represented by Ms. Sarah Elkady, states that they have a national law No. 10 of 2018 for persons with disabilities which has facilitated initiatives such as service cards. They have distributed more than 1 million of these cards to people with disabilities. The national council for persons with disabilities collaborates with NGOs to raise societal awareness by running training workshops. Egypt also has an initiative called 'My family, my strength' which simply empowers families with children with disabilities by offering them various programs.

The United Republic of Tanzania, represented by Ms. Hoyce Anderson Temu, welcomes the discussion. Tanzania has taken action at the constitutional level by adopting four vocational and rehabilitation training centers. In 2022 they developed a guideline which aids them in implementing social inclusion and strengthening services. They also established a development fund, The Zanzibar Development Fund, that ensures the empowerment and improvement of persons with disabilities. They collect data of all persons with disabilities in the Tanzania's mainland and in Zanzibar to realize the rights of the convention and to distribute funds accordingly.

United Kingdom of Great Britain & Northern Ireland, represented by Mr. Dorian Hall, thanks the special rapporteur for his report on the transformation of services. They are working on implementing the CRPD through policies and legislation. They also have a 10-year vision to transform support and care services in England which they highlighted in the Adult social care white paper that was published in 2021. The United Kingdom of Great Britain and Northern Ireland had enacted a Care Act in 2014; under this act people are able to receive personal budgets that they can individually allocate to their care and support services. To promote transparency and accountability the Health and Care Act (2022) requires the Care Quality Commission to assess the delivery of social care services and to comprehend the quality of care in local areas. Finally, they pose the following question to the special rapporteur, "what more can States do to ensure disabled people are systematically included in the process of designing new models of services?''

Malaysia, represented by Ms. Narashikin Ismail, thanks the special rapporteur for his report and is aligned with his recommendation to transform traditional services. They have made progressive steps to

facilitate the lives of persons with disabilities. For example, Malaysia provides special grants to private care institutions and invests in teaching equipment for special needs schools. They also offered special incentives to establish 50 nurseries for persons with disabilities. Malaysia ends by asking the special rapporteur "how we can ensure that the application of emerging technologies would enhance and not hamper the protection of persons with disabilities' rights?''

South Africa, represented by Ms. Nthabiseng Malefane, welcomes the report of the special rapporteur. To facilitate the implementation of the CRPD, South Africa has four frameworks in place, the National Strategic Framework on Awareness-Raising Campaigns, the National Strategic Framework on Universal Design and Access, the National Strategic Framework on Reasonable Accommodation for Persons with Disabilities, and national strategic framework on Self-Representation. The government is also trying to reduce unemployment of persons with disabilities by monitoring the performance of the Employment Equity target of 2.5%. They launched an initiative in 2016 called the 'Amavulandlela Funding Scheme' which offers credit facilities to persons with disabilities which permits them to establish enterprises. Finally, the government monitors to ensure the the 7% Preferential Procurement of businesses owned by persons with disabilities target they had set is being fulfilled.

Spain, represented by Ms. Miryam Isabel Naveiras Tortes Quiroga, thanks the special rapporteur for his report. They agree with the points made and would like to develop the previous model to give persons with disabilities more autonomy by strengthening the provision of services. Spain has a new general disability act strategy (2020-2030) which concentrates on intersectionality in gender and empowers people with disabilities by integrating them and giving them equal opportunities. Finally, they ask the special rapporteur "with regards to informal care, in your opinion, what is the best way to work for a new social contract guaranteeing to relatives and families of persons with disabilities access to formal support when they require?''

Maldives, represented by Mr. Hassan Hussain Shihab, thanks the special rapporteur and they agree with transforming services to facilitate autonomy and integration. They state that their president, Ibrahim Mohamed Solih, expressed his commitment to supporting persons with disabilities by promising to increase the disability allowance in June 2023. Furthermore, they have a Gender Equality Plan (2022-2026) which promotes entrepreneurship for women with disabilities. They also agree with the special rapporteur's recommendation to involve the business sector with civil society organizations to promote the rights of persons with disabilities and integrate them in the community. They are proud to share that a privately-owned Maldivian resort was the world's first accessibility and inclusion certified establishment.

South Sudan, represented by Mr. Garsiano Mogga Elia Waja, appreciated the report made by the special rapporteur and aligned themselves with the statement of the African Group. They have signed the CRPD and are optimistic about its impact. Their National Disability and Inclusion policy for 2016 is now operational. Furthermore, South Sudan has a National Disability plan which has not been executed yet as an endorsement is pending however, they hope that they will implement it soon.

Malta, represented by Ms. Emily Tufigno, aligns themselves with the statement of the European Union. They established an Independent Living Centre in 2012 to encourage the moral agency and autonomy of

persons with disabilities. Malta also introduced a legal amendment which obliges employers to recruit a certain number of persons with disabilities (2%) for every 20 employees to enhance their opportunities in the work field. Finally, they ask the special rapporteur "recognizing the struggle in achieving this balance, what recommendations would the Special Rapporteur have for states in this regard?''

Kenya, represented by Mr. Titus Maki, aligns themselves with the statement of the African Group and thanks the special rapporteur. The Kenyan government considers disability a priority and hence are making efforts to improve the situation. They have adopted the National Disability Mainstreaming Strategy (2018-2022) which serves as a guide to shape disability policies, legislation, and programs. In terms of decision-making, they have included persons with disabilities by giving them positions in parliament, national institutions, and county assemblies. They offer Cash Transfer Programs to support the more vulnerable people among the community. Kenya also aids persons with disabilities in facilitating their opportunities to carry out contractual work which should improve their employment opportunities.

Georgia, represented by Mr. Alexander Maisuradze, begins by thanking the special rapporteur for his comprehensive report. They concur with the recommendations of the special rapporteur to advance services and support for persons with disabilities. The Georgian government invests in their Social Rehabilitation and Child Care programs annually. To integrate persons with disabilities in policy decision-making they have established a Disability Council which has around 70 Disability Persons Organizations. They also have an action plan which will enable them to shift to a biopsychosocial model of disability (2023-2025). Furthermore, they have a deinstitutionalization strategy (2022) which entails the prevention of institutionalization and the formation of a gatekeeping system through e.g., supporting services. They conclude by stating that their efforts are undermined in the Russian-occupied regions as people are excluded from the development processes and are being deprived of their fundamental rights.

Gambia, represented by Mr. Muhammadou M.O. Kah, thanks the special rapporteur for his work on the report and hopes to promote the rights of persons with disabilities further. They enacted legislation in 2022 which has the purpose of promoting and protecting the rights and well-being of persons with disabilities. In addition, the framework aims to ensure that they are given their fundamental human rights including access to education and healthcare.

The Philippines, represented by Mr. Jet Olfato, shares the special rapporteur's aspiration to transform services for persons with disabilities. They believe that it could empower and integrate them within the community. They have a National Council on Disability Affairs which allows them to persistently monitor and improve their network, laws, and policies. The Philippines has a Magna Carta for Disabled Persons which states that persons with disabilities should never be perceived as recipients of welfare services and should be integrated into society. They conclude by asking the special rapporteur "how can the OHCHR support governments with limited resources, including developing and middle-income countries, in fulfilling these recommendations?''

Algeria, represented by Mr. Amar Chemakh, thanks the special rapporteur for his report. They call on all stakeholders to share the responsibility of transforming services. They highlight the importance of artificial intelligence in advancing services for persons with disabilities. Algeria is currently reviewing

their law on the promotion and protection of the rights of persons with disabilities. Furthermore, they have enacted a new national strategy to facilitate the integration of persons with disabilities.

Mozambique, represented by Mr. Dionisio Macule, thanks the special rapporteur. They have a constitution, Article 125, that protects every citizen with disability from their families, societies, and the state. They pay special attention to the innovation of services to facilitate the lives of persons with disabilities by e.g., improving their accessibility to private and public buildings, transport services, access to media and all means of information and compensation of disability. They are also revising their national plan of action on disability (2023 - 2029). This plan aims to tackle education, legislation, social protection, and other essential elements.

Chile, represented by Ms. Maria Paz Florenzano, is grateful to the special rapporteur for his work on the report. They reiterate the importance of technology in social inclusion e.g., technological support products. For Chile obtaining self-determination for persons with disabilities is imperative and has been the fuel for designing innovative support models and advocating for independent lives and social participation. They are developing a program called 'Moving towards an independent life' which is designed to do so by contributing to the improvement of their quality of life, promoting social inclusion, and participation in the community.

Afghanistan, represented by Ms. Suraya Azizi, states that the rights of people with disabilities have been violated since August 2021. The government's efforts have been undermined by the Taliban who have repealed the domestic laws implemented in accordance with the CRPD. They state that there are an estimated 6 million persons with disabilities in Afghanistan and, although there have been efforts to give humanitarian aid, the Taliban target and block it if it is going to disabled people who were former government employees or army personnel. Afghanistan asks the special rapporteur "how can this council ensure that disabled persons have indiscriminate access to humanitarian aid, and medical and educational facilities?''

Malawi, represented by Mr. Joseph Tukula, thanks the special rapporteur for his report and for addressing independent living and inclusion in the society. They are a party to the CRPD and look forward to the review by the CRPD committee that is to happen in August 2023. Malawi also agrees with the special rapporteur's suggestion of shifting to the new paradigm and has been trying to make progress in this area by formulating and implementing legislation, policies, and developmental plans. They state that this is a significant step towards moving away from the medical approach and adopting a human-rights based approach.

Marshall Islands, represented by Ms. Stephanie Spear, states that the pandemic (COVID-19) was devastating for the world but particularly to Small Island Developing States (SIDS) and marginalized populations such as persons with disabilities. They were confronted with public health crises as well as a lack of human, financial, and technical capacity. They have made some reforms in disability laws in the Pacific by strengthening the legal framework related to care and support systems. The Marshall Islands passed the Rights of Persons with Disabilities Act which is in compliance with the CRPD. During the pandemic they confronted some challenges in terms of delivering the vaccines to those living on remote atolls and hence ask the special rapporteur, "Mister Special Rapporteur, how can SIDS best implement holistic COVID-19 policy responses given the unique constraints they face?''

Croatia, represented by Ms. Tihana Balija, aligns itself with the EU's statement and welcomes the recommendations of the special rapporteur. They highlight the importance of the business community, civil society, and the international system to achieve autonomy, social inclusion, and self-actualization for persons with disabilities. Croatia considers it essential to include persons with disabilities in the decision-making process and, hence, has established the Office of the Ombudsperson for Persons with Disabilities. This is an independent institution that permits persons with disabilities to claim their rights, live in dignity, and realize personal values through their legal and institutional framework. They ask the special rapporteur "how can the international community further contribute to advance the rights of persons with disabilities in the business sector?''

Namibia, represented by Ms. Beverly Silas, thanks the special rapporteur for his report and welcomes his recommendations. They believe that protecting the rights of persons with disabilities has some difficulties, but they are not impossible to overcome. Furthermore, they state that it is due to these misconceptions that discrimination and stigmatization are so prevalent. Namibia has also implemented training programs for teachers to enhance social inclusion within the education system for children with special needs. They have a National Disability Forum that improves coordination of support mechanisms for persons with disabilities. One of the activities of the forum is to provide social protection by e.g., giving monthly cash grants to unemployed persons with disabilities.

Botswana, represented by Mr. Tumelo Tsimanyana, highlights that persons with disabilities should not be considered as objects of care, but rather as assets to society. They recognize the rights of persons with disabilities and have consequently enacted legislation that ensures that they are protected, and their human rights are being promoted. Finally, they welcome the special rapporteur in Botswana for his planned visit.

Australia, represented by Ms. Amanda Gorely, thanks the special rapporteur for his report and emphasizes the importance of shifting from an impairment-based support model to a universal system which supports the rights of all people. The implementation of the CRPD is ongoing and they are working on their Disability Strategy (2021-2031). They aim to improve social inclusion, provide individualized support, enable autonomy, and give them the power to pursue their goals. Australia will also develop a new International Disability Equity and Rights Strategy in 2023 which they will use as a guide with partner governments to approach development in a human rights-based manner. To conclude they pose the following question to the special rapporteur, "how should member states address workforce shortages preventing implementation of comprehensive, individualized services in the disability and support sector?''

Azerbaijan, represented by Ms. Dilara Abdullayeva, welcomes the recommendations from the special rapporteur and states that they have been guided by the principle of "leaving no one behind." They highlight the detrimental effects of landmine explosions which have significantly contributed to the number of persons with disabilities. They reprimand Armenia for planting these explosives and refusing to provide accurate maps of minefields. They urge the international community to persuade Armenia to cooperate, share practical information and aid in demining operations. They also ask the special rapporteur to consider the issue of mine victims in his activities.

Benin, represented by Ms. Inès Laurenda Hadonou, aligns itself with the statement made by Côte d'Ivoire on behalf of the African group. They ratified the CRPD in 2012 and have a constitution in place which guarantees support to persons with disabilities. In 2017 they enacted a law that promotes the rights of persons with disabilities, specifically, by implementing affirmative action and facilitating their impairment in the workplace.

El Salvador, represented by Ms. María Granadino, agrees with the special rapporteur's recommendation to change the old philosophy and be more inclusive and allow for the independence of persons with disabilities. They are currently working on progressing a care policy that would support persons with disabilities and those with chronic diseases. Furthermore, they state that international collaboration would facilitate funding and the establishment of systems for persons with disabilities. El Salvador is committed to fulfilling the special rapporteur's mandate.

Panama, represented by Ms. Grisselle Rodriguez, thanks the special rapporteur and states that the medical model around disability continues to adopt the outdated support patterns which denies persons with disabilities the right to independence in choosing their own path. They agree with the special rapporteur that services need to be transformed to facilitate the lives of persons with disabilities. Panama believes that this can be done through laws and policies.

Bulgaria, represented by Mr. Yuri Sterk, aligns itself with the statement of the EU and appreciates the work done by the special rapporteur. They have a national policy for people with disabilities and they also have a national strategy, National Long-term Care Strategy 2022 – 2027, to transition from institutional care to care in the community by 2034. Finally, they ask the special rapporteur "what general guidance would you give to States on the issue of employment of new technologies for the provision of services to persons with disabilities?''

Saudi Arabia, represented by Ms. Shatha Abdel K. Alahmadi, thanks the special rapporteur for his report and highlights that they prioritize the rights of persons with disabilities and use a human rights-based approach. They have implemented a regulation in the labor field and have launched a program which encourages businesses to employ persons with disabilities. The program also provides cash grants to persons with disabilities that are in need. Saudi Arabia has also established care institutions and they reiterate their commitment to protecting the rights of persons with disabilities.

Cuba, represented by Ms. Greisy Cordero Suarez, welcomes the special rapporteur and thanks him for his report. They agree with his suggestion to transform care services. Cuba has a Family Code which was approved in 2022 that tackles the issues of dependency and the general limitations in managing persons with disabilities. They reiterate their commitment to integrating everyone into the community.

Côte d'Ivoire, represented by Mr. Etienne Kindia, aligns itself with the statement of the African group and thanks the special rapporteur for his report. They attach great importance to transforming services for persons with disabilities so that they can participate in society and enjoy their rights to live independently.

Côte d'Ivoire strongly advocates for independent living, in accordance with article 19 of the CRPD, hence they encourage states to utilize the different means of action to successfully execute a shift in services.

Iran (Islamic Republic of), represented by Mr. Ali Mohammad Ghaderi, states that respecting persons with disabilities is a part of their national teachings and programs. They have approved a law that addresses the rights of persons with disabilities, Persons with Disabilities Act. This guarantees the protection of rights for persons with disabilities and offers rehabilitation services. They also have a 3% employment quota which enhances their opportunities professionally. Finally, they have specialized training for deaf interpreters to accompany those with hearing disabilities in judicial settings.

Ukraine, represented by Ms. Yevheniia Filipenko, thanks the special rapporteur for his report. They express their concern for persons with disabilities that have been confronted with a lack in three areas: shelter, life-saving medicines, and humanitarian assistance as a direct result of Russia's invasion of Ukraine. Furthermore, persons with disabilities living in Ukrainian territories occupied by Russia are subjected to ill-treatment and some have been forced to relocate to Russia. They highlight that the number of persons with disabilities continues to rise due to the Russian war. Ukraine expresses gratitude to the EU for accommodating the most vulnerable. They have launched a project in Ukraine "Rebuild Ukraine Inclusion'' which targets rebuilding and recovery of the country with attention to persons with disabilities. To conclude, they call on the special rapporteur to pay attention to Russia's aggression and ensure there will be consequences for crimes against humanity, especially against persons with disabilities.

Trinidad and Tobago, represented by Ms. Athea Jones, thanks the special rapporteur for his report. They abide by the CRPD, meeting its obligations through legislation, national policies, establishing a reporting system and facilitating accessibility. Currently, they have the 2019 National Policy for Persons with Disabilities which aims to improve social inclusion and promote equality. The draft disability legislation is being discussed by the Inter-ministerial Disability Legislation Working Group (within the Ministry of Social Development and Family Services), and specific stakeholders to ensure an all-inclusive approach is being taken. They are also collaborating with the Pan-American Health Organization and World Health Organization to review several Acts, namely the Equal Opportunity Act, the Mental Health Act, and the Education Act. Moreover, their objective is to ensure the Acts align with the CRPD.

Italy, represented by Mr. Vincenzo Grassi, aligns itself with the statement made by the EU and thanks the special rapporteur for his report. They state that being a part of the CRPD will facilitate their recovery from the COVID-19 pandemic and are, currently, reforming their welfare system to redesign the delivery of support services. Italy shares that their parliament adopted a legislative framework on disability in December 2021; they consulted the associations of persons with disabilities and their families and integrated the legislation into the National Recovery and Resilience Plan.

Greece, represented by Mr. Alexandros Papaioannou, welcomes the special rapporteur's report, and aligns itself with the statement of the EU. Greece encourages the transformation of services for persons with disabilities. They are also trying to shift societal attitudes to view disability as a fundamental aspect of human diversity. In addition, they introduced a law to eliminate derogatory and stereotypical expressions of people with disabilities in accordance with the CRPD. To conclude, they ask the special rapporteur, "Could you elaborate further on your recommendation to explore the optimal role of new technologies, including artificial intelligence, in assisting in the personalization of services for the persons with disabilities?"

Belarus, represented by Mr. Maksim Sapsai, states that there should not be any dismissal of the violations of the rights of persons with disabilities. They emphasize their disappointment at the refusal to allow the participation of Russians and Belarusians at the Paralympics. In addition, they demand that the international human rights system assesses these discriminatory decisions and restores the rights of persons with disabilities.

Romania, represented by Ms. Adela Craciun, thanks the special rapporteur for his report and concurs with him that the new philosophy of services should be better reflected in laws, politics, and programs of the country. They also support the advancement of the promotion of persons with disabilities, which they state is evident through their contributions to UN questionnaires e.g., questionnaires on artificial intelligence and disabilities etc.

Cambodia, represented by Mr. Nuon Rithyroath, thanks the special rapporteur for his comprehensive report. As a member of the CRPD, they promote social inclusion and independent living. Furthermore, they have implemented The National Social Protection Policy Framework (2016-2025) which aims to improve access to health care, education, vocational training, and other benefits. The Royal government of Cambodia also invests in special schools and rehabilitation centers for persons with disabilities. Finally, they plan to introduce a new social protection program, the Family Package Program.

Sudan, represented by Ms. Awadiya Yahia, aligns itself with the statement of the African Group and expresses their appreciation for the report. South Sudan states that the signing of the CRPD provides confidence and hope to persons with disabilities in the country. They have also adopted a National Disability plan to promote and protect the rights of persons with disabilities which will soon be endorsed. Currently, they have the National Disability and Inclusion policy (2016) which is operational.

Chad, represented by Mr. Mahamat Alim Talha, shares the views of the special rapporteur, and aligns itself with the statement of the African group. They consider the rights of persons with disabilities to be a priority and hence hope to put the recommendations of the special rapporteur into practice.

Equatorial Guinea, represented by Mr. Juan Ndong Nguema Mbengono, states that they attach great importance to the rights of persons with disabilities. Through policies, they ensure that education, healthcare, housing, and other essential factors are provided for persons with disabilities. Equatorial Guinea reiterates their commitment to promoting the rights of persons with disabilities.

Amity Foundation, represented by Ms. She Hongyu, states that they attach great importance to the cause of people with disabilities. They have the first orientation and mobility program in China, which aids the visually impaired in walking independently. Amity foundation has been promoting sign language for the past two decades to better integrate persons with a hearing disability. They have also been providing training for children with multiple disabilities. They have been collaborating with the Chinese government and NGOs to provide/protect the rights of persons with disabilities and encourage interdisciplinary cooperation.

Associazione comunità Papa Giovanni XXIII, represented by Ms. Valentina di Paco, thanks the special rapporteur for his report. They emphasize three key factors for persons with disabilities, self-determination, family, and local services. Self-determination allows for independent decision making, families supporting persons with disabilities facilitates their lives, and local services understanding the needs of persons would enhance the quality of their lives and that of their families. They also call for wider integration in the public/private networks of territorial services and more funding for persons with disabilities. They ask the special rapporteur "how can we foster a shift from a care and assistance attitude to one that includes and values the full and crucial participation of persons with disabilities as a resource?''

Edmund Rice International Limited, represented by Mr. John Mullan, states that they guarantee nondiscrimination and equal access to services for people with disabilities. They are obliged by the state to abide by The Promotion of Equality and Prevention of Unfair Discrimination Act which ensures that all people with disabilities have access to their rights. They highlight the limited access children with disabilities have to their fundamental rights. They urge the South African government to take the following points into consideration: firstly, invest in schools for children with special needs, and secondly, ensure families of children with disabilities are able to access healthcare and that the health care workers are well-equipped to work with children with disabilities.

Author: Nour Nasser

Uploaded: May 8 2023 (Originally on CD4Peace Archive Site)

Sources: 

SR on Persons with Disabilities