Human Rights Council Hears that a New Philosophy of Services and Support Centred in Social Inclusion is Needed for Persons with Disabilities, and that the Abuse of Religion or Belief as a Tool of Discrimination, Hostility and Violence Must Cease

MORNING 13 March 2023

The Human Rights Council this morning held an interactive dialogue with the Special Rapporteur on the rights of persons with disabilities, and started an interactive dialogue with the Special Rapporteur on freedom of religion and belief.

And the beginning of the meeting, the United States said the Council should commemorate the passing of Judy Heumann, the mother of disability, who had passed last week. The Council then held a minute of silence in honour of Judy Heumann.

Gerard Quinn, Special Rapporteur on the rights of persons with disabilities, said there was a need to move to a new philosophy of services and support – one that put clear blue water between it and the static welfare model of the mid-twentieth century. The end aim was no longer simply to provide a material safety net that enabled people to live at the margins of society. Instead, the end aim was to subserve personhood and social inclusion. The broader United Nations system would shortly review the future of the care economy more generally. It had to be understood that, as applied to persons with disabilities, ‘care’ meant and could only mean an approach underpinned by and consistent with the underlying philosophy of the Convention – honouring personhood and achieving inclusion.

Mr. Quinn spokes of his visits to the European Union and Jordan. European Union and Jordan spoke as countries concerned.

In the ensuing discussion, speakers thanked the Special Rapporteur for his timely report and his visionary call for new approaches to service and support models, which championed individual autonomy and social inclusion. They believed that the report would contribute to ensuring clarity on the standards to be followed when implementing the right to live independently and be included in the community. Some said the report came at a critical juncture, where the COVID pandemic had highlighted the shortcomings of traditional care models for persons with disabilities, exposing them to higher risks of poverty and exclusion worldwide. Concern was expressed that, in some regions, children and adolescents with disabilities were disproportionately represented in institutional facilities, where they often experienced rights violations, abuse and other forms of violence. Speakers noted that when disability intersected with other factors such as gender, age or ethnicity, the disadvantages could enhance poverty and vulnerability.

Some speakers said they did not feel it was appropriate to move from a medical to a human rights approach in regard to disability issues, as the provision of support to persons with disabilities was usually associated with the degree of their health problems. There was a need to revise the existing lexicon where contributions mainly came from Western countries and non-governmental organizations.

Speaking in the discussion were Iceland on behalf of the Nordic-Baltic countries, European Union, Mexico on behalf of the Group of Latin American and Caribbean Countries, Côte d’Ivoire on behalf of the African Group, Israel, UN Women, France, Ecuador, Ireland, Portugal, United Nations Children’s Fund, Tunisia, United States, United Arab Emirates, Republic of Korea, Japan, Colombia, Cyprus, Paraguay, Zambia, China, Luxemburg, Food and Agricultural Organization, India, Indonesia, Russian Federation, Morocco, Venezuela, Iraq, Armenia, Djibouti, Republic of Moldova, Egypt, Tanzania, United Kingdom, Malaysia, South Africa, Spain, Maldives, South Sudan, Malta, Kenya, Georgia, Gambia, Philippines, Algeria, Mozambique, Chile, Afghanistan, Malawi, Marshall Islands, Croatia, Namibia, Botswana, Australia, Azerbaijan, Benin, El Salvador, Panama, Bulgaria, Organization of Islamic Cooperation, Saudi Arabia, Cuba, Côte d’Ivoire, Iran, Ukraine, Trinidad and Tobago, Greece, Belarus, Romania, Cambodia, United Nations Population Fund, Sudan, Chad, and Equatorial Guinea.

Also speaking were National Human Rights Committee of Qatar and National Commission on Human Rights and Freedoms of Cameroon, as well as the following non-governmental organizations: International Disability Alliance, International Association of Jewish Lawyers and Jurists, International Network for the Prevention of Elder Abuse, Beijing NGO Association for International Exchanges, Amity Foundation, Sikh Human Rights Group, Associazione Comunita Papa Giovanni XXIII, Edmund Rice International Limited, Chunhui Children's Foundation, and VIVAT International.

The Council then started an interactive dialogue with Nazila Ghanea, Special Rapporteur on freedom of religion or belief, who said that freedom of religion or belief was universal. The report first established the incontrovertible reality of this universality, whether in terms of the inspiration behind the determination to secure freedom of religion or belief for all, or the impulse to champion this right for others. The three key dimensions of the mandate were: the advancement of freedom of religion or belief to everyone; the prohibition of any discrimination on the basis of religion or belief; and the denial of human rights in the name of religion or belief. The abuse of religion or belief as a tool of discrimination, hostility and violence must cease and be condemned by all actors at every level of society. Freedom of religion or belief should be freely enjoyed and should not be interfered with or feared.

In the discussion, speakers, among other things, thanked the Special Rapporteur for her comprehensive report and took note of the recommendations included in the report. Phenomena such as the recent burning of the holy Koran were evidence of an increase in intolerance, and speakers were very concerned about these occurrences. These acts, which served to incite hate, should be condemned. The Special Rapporteur was urged to denounce such acts, in accordance with her mandate, and States were called on to hold perpetrators accountable. There should be increased international efforts to fight against Islamophobia, radicalism and hate.

Speaking in the discussion on freedom of religion, were Netherlands, Qatar on behalf of the Group of Arab States, European Union, Oman on behalf of the Gulf Cooperation Council, Iceland on behalf of the Nordic-Baltic countries, Pakistan on behalf of the Organization of Islamic Cooperation, Brunei Darussalam, Sovereign Order of Malta, and Tunisia.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-second regular session can be found here.

The next meeting of the Council will be on Monday, 13 March at 3 p.m., when it will continue its interactive dialogue with the Special Rapporteur on freedom of religion and belief. This will be followed by the annual interactive debate on the rights of persons with disabilities, under the theme of “Support systems to ensure community inclusion of persons with disabilities, including as a means of building forward better after the COVID-19 pandemic”.

Minute of Silence

United States said the Council should commemorate the passing of Judy Heumann, the mother of disability, who had passed last week. Her leadership and legacy lay in transforming how disability and inclusion were viewed, centring it into dialogue. The Human Rights Council should honour her efforts and mainstream her work into everything it did.

The Council observed a minute of silence.

Interactive Dialogue with the Special Rapporteur on the Rights of Persons with Disabilities

Reports

The Council has before it the report of the Special Rapporteur on the rights of persons with disabilities (A/HRC/52/32), Gerard Quinn, addressing the transformation of services for persons with disabilities, and on his visits to the European Union (A/HRC/52/32/Add.1) and Jordan (A/HRC/52/32/Add.2).

Presentation of Reports

GERARD QUINN, Special Rapporteur on the rights of persons with disabilities, presenting a thematic report on the transformation of services for persons with disabilities and reports on missions he had undertaken to the European Union and to Jordan, said the thematic report this year was intended to inform and expand the collective policy imagination when it came to the implementation of the United Nations Convention on the Rights of Persons with Disabilities. There was a need to move to a new philosophy of services and support – one that put clear blue water between it and the static welfare model of the mid-twentieth century. The end aim was no longer simply to provide a material safety net that enabled people to live at the margins of society. Instead, the end aim was to subserve personhood and social inclusion.

The report surveyed the many innovative policy tools now at the disposal of Governments to enable them to re-shape the market to ensure it was calibrated to advance and not impede the implementation of the Convention. Equally promising were steps being taken by several Governments in favour of ‘positive wealth accumulation strategies’ to get around the common phenomenon such that persons with disabilities were required to impoverish themselves to be eligible for social programmes. The report also stated how the use of artificial intelligence could meaningfully advance the personalisation of services even in – or perhaps especially in – low- income countries. On the role of the private sector, the report said the goal was to try to animate the private sector (and all shades within) to see themselves as part of the broader eco-system for achieving rights alongside their other goals. Important networks of service providers around the world fully embraced this turn toward business and human rights in the context of the Convention. This journey of transformation would not be without some acute policy dilemmas for policymakers. Nor did personalisation preclude issues of equity, especially as between different cohorts of persons with disabilities.

The broader United Nations system would shortly review the future of the care economy more generally. It had to be understood that, as applied to persons with disabilities, ‘care’ meant and could only mean an approach underpinned by and consistent with the underlying philosophy of the Convention – honouring personhood and achieving inclusion.

On his visit to the European Union, he visited the headquarters of the European Union in Brussels, and was impressed by the commitment and work of the many institutions and staff he met to implement the rights of persons with disabilities. As the only regional organization to have ratified the Convention on the Rights of Persons with Disabilities, the European Union had developed a robust legal and policy basis for action on disability which was complemented by significant financial resources. Clearly, the values and principles underpinning the Convention had sunk deep roots within European Union institutions. The latest European Disability Strategy (2021-2030) as well as efforts to mainstream disability perspectives into all policy domains were excellent steps in the right direction. These positive developments were somewhat undercut by the lack of consistent approach with regard to the use of European Union funds to advance the implementation of the Convention, especially in the field of independent living.

On his visit to Jordan, the Special Rapporteur said Jordan was a long-standing supporter of the rights of persons with disabilities and an early signatory of the Convention on the Rights of Persons with Disabilities. Its commitment to the issue made Jordan a leader in advancing the rights of persons with disabilities not only regionally but also globally as demonstrated by the co-sponsorship of the third Global Disability Summit in 2024. He congratulated the Government for its extensive and ongoing law reform to harmonise domestic legislation with commitments set out in the Convention as well as for setting up a robust institutional architecture to make the rights of persons with disabilities a reality. Most important, he said, was action to combat stigma and shift the cultural paradigm around disability. Serious challenges faced by refugees with disabilities to meet their basic needs were another key takeaway from the visit.

Statements by Countries Concerned

European Union, speaking as a country concerned, thanked the Special Rapporteur for his visit in March last year, and reiterated great support for his mandate. Inclusion and long-term care were fundamentally the responsibility of Member States. The 2021-2030 European strategy for the rights of persons with disabilities comprised the promotion of measures for inclusion, including housing, healthcare and social protection. The European Union was committed to advancing the accessibility of the built environment. While substantial progress had been made, barriers remained. Two of the flagship strategies for persons with disabilities intended to support deinstitutionalisation and independent living, including a specific framework for social service excellence. In this work, an intersectional approach was essential for the

implementation of targeted solutions. The critical role of civil society was recognised in representing persons with disabilities. The European Union attached great importance to the safeguarding of persons with disabilities globally, through cooperation, humanitarian action and dialogue with the international community. The European Union hoped to continue cooperation, including in the follow-up to the recommendations made in the report.

Jordan, speaking as a country concerned, welcomed the visit of the Special Rapporteur, which was extremely important to promote the rights of persons with disabilities present and future. Jordan protected persons with disabilities and respected its international human rights obligations. Jordan was one of the first countries to ratify the Convention, and the provisions were immediately transposed into domestic law. Persons with disabilities were entitled to the same services, on an equal footing, as every other person in Jordan, in all transparency, accountability, and pursuant to the Government’s commitments. On awareness raising, employment and vocational training, a law had been adopted in 2021, and the Ministry of Labour monitored the situation, ensuring that the quota to employ a certain number of persons with disabilities was respected, as well as holding an awareness-raising campaign. There was a major difference between citizens when it came to accessing State services, depending on where people lived, and this also applied to persons with disabilities, and thus the State had faced a number of difficulties in implementing its intentions, due to the situation of its resources.

Discussion

In the discussion, many speakers, among other things, thanked the Special Rapporteur for his timely report and his visionary call for new approaches to service and support models, which championed individual autonomy and social inclusion. They believed that the report would contribute to ensuring clarity on the standards to be followed when implementing the right to live independently and be included in the community. This right was enshrined in the Convention on the Rights of Persons with Disabilities, which marked a breakthrough in setting minimum standards for the development and support of care systems.

Some said the report came at a critical juncture, where the COVID pandemic had highlighted the shortcomings of traditional care models for persons with disabilities, exposing them to higher risks of poverty and exclusion worldwide. The pandemic had made it clear that existing support systems did not always have the autonomy and inclusion of people with disabilities as their guiding axis. On the contrary, in many cases they were systems that could disempower persons with disabilities and perpetuate relationships of dependence.

Some speakers shared the view of the Special Rapporteur that the support needed to enable community living for persons with disabilities should be delivered by States; States had a responsibility to transform services to ensure the effective exercise of the rights of persons with disabilities to live independently. There was a need to rethink the model of support services and move towards one governed by the principles of the Convention, with the voice of persons with disabilities at the centre; this required political will and the reshaping of social, cultural, economic and legal paradigms.

Concern was expressed that, in some regions, children and adolescents with disabilities were disproportionately represented in institutional facilities, where they often experienced rights violations, abuse and other forms of violence. Transforming services to make them compliant with the Convention on the Rights of Persons with Disabilities would enhance the autonomy of children with disabilities, providing them with the support they needed from their communities. The effective inclusion of people with disabilities from an early age was essential. Instead of providing them with separate schooling or medical services, it was necessary to offer them adequate services in common with other young people of their age.

Speakers noted that when disability intersected with other factors such as gender, age or ethnicity, the disadvantages could enhance poverty and vulnerability. Greater attention needed to be placed on assessing how gender and disability intersected in the context of women and girls having generally less access to services and care. Persons with disabilities living in rural areas of developing countries were also among the poorest. International action was needed to transform standards into policies that were gender responsive, disability inclusive, increasingly personalised and aiming at a better balance between formal and informal care.

Some speakers said they did not feel it was appropriate to move from a medical to a human rights approach in regard to disability issues, as the provision of support to persons with disabilities was usually associated with the degree of their health problems. There was a need to revise the existing lexicon, where contributions mainly came from Western countries and non-governmental organizations.

Speakers asked the Rapporteur how to foster a more effective inclusion of persons with disabilities in decision-making in both public and private services sectors? What were ways to ensure women and girls with disabilities were co-creators in the transformation of services for persons with disabilities?

Intermediate Remarks

GERARD QUINN, Special Rapporteur on the rights of persons with disabilities, said with respect to the country visits, he welcomed the interventions of the European Union and Jordan. He awaited to see what would transpire in keeping with the overall thrust with positive law developments in the European Union. With regard to Jordan, it bore emphasising that there had been an extremely positive example of positive employment on the outskirts of Oman which deserved noting, and was part of positive developments that should be continued and imitated.

There was near unanimous consent in the conference room that the switch in philosophy was both well-warranted and well-needed. The philosophy of services needed to be more resilient to face the kind of stresses posed by crises such as pandemics. Many had commented that there were many, many examples of good practice around the world, including in Portugal, Ireland, the United States, China, Israel and others.

Discussion

In the discussion, speakers commended the Special Rapporteur for his tireless efforts in promoting and protecting the rights of persons with disabilities. They said his work was critical in advancing the full inclusion and participation of persons with disabilities in society. The recommendations for States, the business community, civil society and the international system on how to transition towards a new model of services and support for persons with disabilities, served as valuable guidance.

Some speakers said the traditional care and protection systems often perpetuated dependence and denied the rights to independence, considering persons with disabilities as passive recipients of care. It was important to move away from traditional service and support models based on impairments, and focus on the creation of universal systems which supported the rights and agency of all people. These values should be a starting point in the creation of law, policy and programming based on humanity rather than impairment. There was a pressing requirement for a completely fresh approach to disability support services.

It was important that States conducted active consultations with persons with disabilities to determine their needs and requirements. It was also important to ensure a complete transformation of the vocabulary used to discuss and address disabilities. All policy tools possible should be used to reshape the sector, and involve the business community as a partner for change. Some speakers called on all States to use all means at their disposal to ensure the fulfilment of the rights of persons with disabilities in society. Speakers said they strove in order to ensure a shift in societal attitudes to fully accept disability as a fundamental aspect of human diversity.

How could the Office of the High Commissioner for Human Rights support governments with limited resources, including developing and middle-income countries, in fulfilling the Special Rapporteur’s recommendations? How could the international community further contribute to advance the rights of persons with disabilities in the business sector? There was a need to further harness the potential of artificial intelligence; could the Special Rapporteur elaborate on the recommendation to explore the optimal role of new technologies, including artificial intelligence, in assisting in the personalisation of services for persons with disabilities?

Concluding Remarks

GERARD QUINN, Special Rapporteur on the rights of persons with disabilities, in concluding remarks, said multiple speakers had mentioned the impact of new technology and artificial intelligence. It was crucially important that people with disabilities did not miss out on the fourth industrial revolution which was transforming the basis of social and cultural systems. There was fascinating research coming out of Australia on the impact of artificial intelligence on the topic of mental health. There was interesting research being done in the United Kingdom on the impact of artificial intelligence in personalising services. Speakers also spoke about the importance of businesses stepping up. Businesses were eager to play this part and it was important to capitalise on this in the future.

The issue of family support was as reckonable under the United Nations disability treaty as was the issue of individual rights. The time was right to reconsider that balance. Several speakers mentioned crisis and the aftermath of the pandemic. The service paradigm was not resilient enough and something completely different was needed for the twenty-first century. There was a huge challenge ahead in terms of workforce development and shortages of workforces. The transition to a new model required intentional development of that workforce and to not let matters fault back to lazy assumptions. The dynamic between the voices in the community, power in government, and businesses as a new actor and partners for change, was extremely important.

Interactive Dialogue with the Special Rapporteur on Freedom of Religion or Belief

Report

Also before the Council is the report by the Special Rapporteur on freedom of religion or belief, Nazila Ghanea, spelling out her vision for the mandate (A/HRC/52/38).

Presentation of Report

NAZILA GHANEA, Special Rapporteur on freedom of religion or belief, said in her first report she considered it timely to explore the contours of the landscape of freedom of thought, conscience, religion or belief globally, especially in order to assess the implications for the work of this mandate going forward. Freedom of religion or belief was universal. The report first established the incontrovertible reality of this universality, whether in terms of the inspiration behind the determination to secure freedom of religion or belief for all, or the impulse to champion this right for others. The three key dimensions of the mandate were: the advancement of freedom of religion or belief to everyone; the prohibition of any discrimination on the basis of religion or belief; and the denial of human rights in the name of religion or belief.

The abuse of religion or belief as a tool of discrimination, hostility and violence must cease and be condemned by all actors at every level of society. The universality of freedom of religion or belief was further evidenced in international and cross-regional normative instruments. There were many outstanding freedom of religion or belief recommendations that remained unfulfilled. International standards were crystal clear that the manifestation of freedom of religion or belief was not subject to limitation on the grounds of national security and that freedom of religion or belief was not subject to derogation in times of public emergency. Freedom of religion or belief should be freely enjoyed and should not be interfered with or feared.

The report gave attention to the broader activities relating to religion or belief, for three key purposes: to better ascertain the activities of the mandate in relation to opportunities to impact this human rights field; to note the many activities for the promotion of tolerance, coexistence and understanding, for example through interfaith and interreligious dialogue, and religious engagement activities; and to call on States and other actors to ensure that such activities recognised the different structures of leadership and representation that drew from within those communities and their beliefs, practices, convictions and autonomy, and be inclusive of them. The report concluded with a set of recommendations addressed to States, international organizations and multilateral institutions, international non-governmental organizations, non-governmental organizations and faith-based actors.

Discussion

In the discussion, many speakers thanked the Special Rapporteur for her comprehensive report and took note of the recommendations included in the report. They agreed with the concerns of the Special Rapporteur regarding the challenges around the freedom of religion, particularly the increase of religious hatred acts. They reaffirmed support to all international efforts aimed at rejecting all forms of defamation of religion. Speakers also condemned all forms of intolerance against religion, both online and offline. Phenomena such as the recent burning of the holy Koran were evidence of an increase in intolerance, and speakers were very concerned about these occurrences. These acts, which served to incite hate, should be condemned. The Special Rapporteur was urged to denounce such acts, in accordance with her mandate, and States were called on to hold perpetrators accountable. There should be increased international efforts to fight against Islamophobia, radicalism and hate. Some speakers called on the Special Rapporteur to put in place an international objective to be achieved by the one hundredth anniversary of the Universal Declaration of Human Rights, in a similar vein to the 2030 Sustainable Development Goals.