Experts of the Committee on the Rights of Persons with Disabilities Pleased About Data Collection in Paraguay, Ask Questions on Accessible Public Transport and Political Participation of Women with Disabilities

The Committee on the Rights of Persons with Disabilities today concluded its consideration of the combined second and third periodic report of Paraguay on its implementation of the Convention on the Rights of Persons with Disabilities.  Committee Experts said they were pleased to hear that Paraguay was compiling an atlas of all persons with disabilities.  The Committee asked questions on accessible public transport in the country and how women with disabilities were encouraged to participate in public life. 

A Committee Experts said it was pleasing to hear that there would be an atlas of persons with disabilities in Paraguay, as it was very important to have robust data.

A Committee Expert asked what steps were being taken to provide accessible transportation for persons with disabilities on land, air and sea in Paraguay?  Rosa Idalia Aldana, Committee Expert and Country Co-Rapporteur, said drivers of public transport often denied persons with disabilities the service.  Did Paraguay have the funds and the staff to train all drivers of public transport?  Another Expert also asked what programmes were in place to improve accessible public transport?

Amalia Gamio, Committee Expert and Country Co-Rapporteur, asked about legislation adopted to ensure women with disabilities had enhanced political participation. 

Marcelo Scappini Ricciardi, Ambassador, Permanent Representative Permanent Mission of Paraguay to the United Nations Office at Geneva, introducing the report, said the National Secretary for the Human Rights of Persons with Disabilities had implemented a biopsychosocial model of disability with a rights-based approach in Paraguay, without excluding rehabilitation services.  This represented a paradigm shift in the human rights of persons with disabilities.  The National Plan of Action for the Rights of Persons with Disabilities reflected Paraguay's determination to strengthen mechanisms to promote, protect and guarantee the human rights of persons with disabilities through mainstreaming public policies.

The delegation said it did not have specific figures on how many public transport vehicles were accessible.  However, abuse in public transport was not an ongoing phenomenon, even though it did exist.  Paraguay had been trying to ensure it had accessible transport.  Legislation had been changed to allow all persons with disabilities to access the public transport system for free, when previously it had only been visually impaired persons who received free public transport.  There were few situations when complaints had arisen.  When they arose, they were dealt with by the sub-ministry of transport. 

In Paraguay, gender equality and women’s full participation in public life was a priority.  The State was committed to realising this.  The Supreme Court had implemented policies and legislation to ensure equal opportunities for all candidates in elections.  In 2017, the gender policy unit was established to empower women and produce more statistical data.  It was also important to give greater visibility to women who had already been elected, including local councillors.

In concluding remarks, Mr. Scappini expressed satisfaction with the dialogue.  Paraguay would carefully study the recommendations of the Committee, which would help build better societies.  Paraguay used a tool to follow up on the Committee’s recommendations, which they offered to other countries.  

Ms. Aldana thanked Paraguay for taking part in the constructive dialogue.  There were shortcomings in the implementation of the Convention which had a negative impact on persons with disabilities’ enjoyment of their rights.  The Committee would provide clear guidelines for amending law, public policies and plans to ensure the full inclusion of persons with disabilities.  The Committee encouraged Paraguay to implemented current plans and ensure they were fully funded and staffed. 
 
The delegation of Paraguay consisted of representatives of the Ministry of Foreign Affairs; the Ministry of the Interior; the Ministry of Information and Communication Technologies; the Public Defense Ministry; the Supreme Court of Justice; the National Secretary for the Human Rights of Persons with Disabilities; the National Institute of Technology, Standardisation and Metrology and the Permanent Mission of Paraguay to the United Nations Office at Geneva.

The Committee will issue its concluding observations on the report of Paraguay after its twenty-ninth session, which will conclude on Friday, 8 September 2023. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s twenty-ninth session and other documents related to the session can be found here.

The Committee will next meet in public on the afternoon of Friday, 8 September to close its twenty-ninth session.

Report

The Committee has before it the combined second and third periodic report of Paraguay (CRPD/C/PRY/2-3).

Presentation of Report

MARCELO SCAPPINI RICCIARDI, Ambassador, Permanent Representative Permanent Mission of Paraguay to the United Nations Office at Geneva and head of the delegation, said on 15 August, Paraguay had begun a new presidential term, after the elections held in April this year.  Paraguay was in a continuous process of normative, institutional and public policy adjustments with a human rights-based approach.  The National Secretary for the Human Rights of Persons with Disabilities had implemented a biopsychosocial model of disability with a rights-based approach in Paraguay, without excluding rehabilitation services.  This represented a paradigm shift in the human rights of persons with disabilities.  The National Plan of Action for the Rights of Persons with Disabilities reflected Paraguay's determination to strengthen mechanisms to promote, protect and guarantee the human rights of persons with disabilities through mainstreaming public policies.

The establishment of the National Commission for the Rights of Persons with Disabilities provided space for participatory and inclusive construction in the process of designing, follow-up and assessment of public policy for the sector.  Disability was high on the State’s agenda.  Since January 2021, a mechanism had been established to monitor the progress made in implementing the National Plan of Action and the annual budget of all institutions and powers of the State regarding measures to realise the Plan.  To promote decentralisation, Law 6808/21 created the Municipal and Departmental Secretariats of Disability to articulate and coordinate actions with the National Secretariat.  So far, following the National Plan, 19 municipalities had appointed an ombudsman for disability.

To bring the legal system in line with the Convention, regarding legal capacity of persons with disabilities, Paraguay was amending the civil code and the code of judicial organisation.  In 2019, Law 6354 was enacted, which established that all State entities needed at least one official trained in communication strategies for people with hearing disabilities. Through Law 6530/2020, official recognition was granted to Paraguayan Sign Language, and the State offered online sign language interpretation.  A series of measures had been taken to guarantee family life, including Act No. 6486/20 on the right of children and adolescents to live in a family, which provided for alternative care measures and adoption and had achieved a significant reduction of children with disabilities in shelter entities.  Law 6667/20 promoted the permanent implementation of awareness campaigns on the rights of persons with disabilities by all State agencies and entities.  Regarding the accessibility of the physical environment, the National Institute of Technology and Standardization had produced 18 mandatory national accessibility standards.  Public institutions needed to incorporate physical accessibility actions in their Labour Inclusion Plans. 

The Judiciary had developed strategic measures regarding physical accessibility, including training of magistrates and officials in matters of disability, access to justice, control of conventionality and human rights.  The Ministry of Public Defence implemented actions aimed at access to justice, such as the Protocol for the Care of All Persons with Disabilities, a computer tool which periodically collected data related to people with disabilities regarding their judicial processes; the Guide to implementing inclusion and accessibility; and a Digital Sign Language Manual for access to justice, among others.  Between 2019 and 2022, 3,522 people with disabilities accessed available services.

The Ministry of Justice implemented the National Programme of Houses of Justice, which facilitated access to justice for persons in vulnerable situations.  Mobile Justice House sessions had been established in rural areas.  Recently, the Ministry of Justice approved a Protocol for Monitoring Visits to Penitentiaries and Educational Centers.  Between 2020 and 2023, 45 monitoring visits were carried out, and 871 persons deprived of liberty, including persons with disabilities, were assisted.  In 2021, the Ministry of Justice and National Secretary for the Human Rights of Persons with Disabilities signed an agreement to guarantee policies of comprehensive care and access to rights for persons with disabilities in detention, aiming to overcome the barriers that hindered their social reintegration.

Within the framework of the Educational Action Plan 2018-2023, actions had been developed in the field of inclusive education, including training, preparation of materials in accessible format, compensatory educational care services, and the monitoring of processes for the development of sign language teachers in the National Institute of Higher Education.  There was a new mental health law from last year which reformed mental health care.  For persons who were institutionalised, an inter-institutional task force was set up to implement the National Mechanism for the Prevention of Torture's recommendations regarding psychiatric hospitals.

Collecting systematically disaggregated data was a challenge for Paraguay, as was establishing an independent mechanism in line with the Convention.  The path to a rights-based approach to disability require a sustained commitment from the State. For the Government, one of the fundamental challenges was the provision of adequate budgetary resources to ensure the actions outlined in the National Action Plan.  Paraguay hoped that the fruitful dialogue would provide recommendations to strengthen efforts to fulfil the obligations arising from the Convention.

Questions by Committee Experts

AMALIA GAMIO, Committee Expert and Country Co-Rapporteur, said laws needed to be aligned with the Convention and derogatory terms removed from legislation; this had not yet happened.  The National Plan on the Rights of Persons with Disabilities was excellent but regrettably it had not been implemented.  Bus drivers did not have training on disabilities and sometimes assaulted persons with disabilities.  80 per cent of the budget for mental health was invested in psychiatric hospitals, instead of deinstitutionalization and community-based living.  There were few activities to prevent violence against women and inclusive education was still far from being achieved.  There was unequal access to health and scant attention had been paid to reducing poverty among persons with disabilities.  A question had been removed from the last census about persons with psychosocial disabilities.  Did the new President mention persons with disabilities during his inaugural speech?  Was there a sign language interpreter present? 

ROSA IDALIA ALDANA, Committee Expert and Country Co-Rapporteur, asked if the State had an intention of reforming the Constitution, particularly Article 58, where persons with disabilities were referred to as “exceptional persons”?  The penal code and electoral law included specific restrictions where persons with psychosocial disabilities did not have access to voting procedures.  What mechanisms would the State implement to improve the participation of persons with disabilities in the National Commission for People with Disabilities?  What actions had been taken to establish an independent body that guaranteed the rights of persons with disabilities?  The National Secretary for the Human Rights of Persons with Disabilities was a body providing services and rehabilitation, which ran counter to the definition of disability and aid.  How many awareness raising campaigns had been run since 2013?  What was the outcome of these campaigns?  Were there any campaigns to promote employment in the private sector?  Were there any campaigns for the judiciary?  What measures were set out to eradicate stereotypes of persons with disabilities?  How many accessible buses really existed in Paraguay?  What budget had been allocated to this plan? 

A Committee Expert said Paraguay was one of the few Latin American countries which did not have general legislation providing protection against discrimination.  It was essential to adopt the Bill for a general law against all forms of discrimination.  What measures had been taken to ensure that denial of reasonable accommodation was seen as a form of discrimination?  What measures were being implemented to develop a broad ranging protection policy for children with disabilities which was removed from the medical model?  What public resources had been allocated to Law 4934/12?  What programmes were there to improve accessible public transport?

A Committee Expert asked about steps taken to implement comprehensive policy for the inclusion of boys and girls with disabilities in all areas of life? 

Another Expert asked if there was an organisation of persons with disabilities.  If so, was this run by persons with disabilities themselves?  How had persons with disabilities been included in the design of awareness raising activities?

An Expert asked if the delegation could provide data on the impact and outcomes of the advisory council’s strategic plan for persons with disabilities?  How was accessibility ensured in new constructions?

A Committee Expert said the terms used by Paraguay to reference persons with disabilities were placatory.  What was being done to abolish these and bring them in line with the Convention?  What measures had been put in place to consistently eradicate stereotyping of persons with disabilities?  How was it ensured that persons with disabilities were protected against all forms of discrimination?  What steps were being taken to provide accessible transportation for persons with disabilities on land, air and sea in Paraguay? 

Another Expert asked if the State party had established a mechanism to ensure that all legal areas were disability inclusive and gender sensitive?  How was digital accessibility monitored and evaluated?   

A Committee Expert asked about the status of the bill against discrimination.  What were the mechanisms for people who faced discrimination to lodge complaints, and what redress mechanism was available? 

AMALIA GAMIO, Committee Expert and Country Co-Rapporteur, asked about legislation adopted to ensure women with disabilities had enhanced political participation.  What measures were in place to eliminate violence against women with disabilities, including women with psychosocial disabilities and rural and indigenous women with disabilities?  Was the Bill on Mental Health in line with the Convention?  Was Paraguay promoting alternative discipline systems to corporal punishment?  Had steps been taken to prohibit this practice?

ROSA IDALIA ALDANA, Committee Expert and Country Co-Rapporteur, asked what measures the State had put in place to ensure equal opportunities and access for all persons with disabilities.  What measures were being planned for persons with disabilities who were vulnerable?

Responses by the Delegation

MARCELO SCAPPINI RICCIARDI, Ambassador, Permanent Representative Permanent Mission of Paraguay to the United Nations Office at Geneva, said over 20 laws had been adopted which reflected Paraguay’s commitment to strengthening the standards outlined in the Convention.  Paraguay had a serious legislative body and a committed judicial branch, and an executive branch which had taken up office on 15 August. 

The delegation said the National Secretary for the Human Rights of Persons with Disabilities was the lead agency on disability in the country, which strove to ensure the rights of persons with disabilities were respected.  The Secretary designed public polices for 26 entities engaged in disabilities.  A disability label was given to the planning system when decisions were taken which were in line with the National Action Plan on persons with disabilities.  So far, 32 indicators had been developed as part of the Plan to show the extent of implementation of performance-based budgeting.  76 per cent of indicators had been complied with and reported upon.  The Plan referred to several vulnerable sectors, such as indigenous persons with disabilities and women with disabilities.  When it came to indigenous persons with disabilities, there was a low level of registration.  They did not feel empowered to approach the National Secretary and make requests for their needs.  These people needed to be registered and information needed to be provided to them in an accessible format. 

The working group of the National Secretary included the National Commission for People with Disabilities.  Members of the Commission were appointed through elections.  It was a rich forum for debate, making decisions and assessing the State’s policies.  It did not include a representative with an intellectual disability, as no persons with intellectual disabilities had stood for election.  The courts regularly monitored compliance with the Convention.  The National Secretary had carried out numerous training workshops for the private sector and universities on the terminology to be used and the Convention, as well as the appropriate way to interact with persons of disabilities.  The National Secretary worked closely with the judicial branch, the Ministry of Justice and the Public Defender’s Office.  Persons with disabilities who could not reach polling stations could vote from their own home with support, or were provided with accessible electoral booths.      

The Code of Children and Adolescents was in force, and children with disabilities had contributed to the drafting of legislation.  There was a law prohibiting any form of corporal punishment and a national policy on children for 2022 and 2024 which was put together with the participation of children.  A programme was in place that protected more than 7,700 children.  An inclusion model provided for shared responsibility and specific provisions for persons with disabilities.  268 indigenous persons with disabilities were supported under this model.  There was a further law on the right of children to live within their families, which was still in force.  The law on mental health was in force and had its own enabling legislation, which was in line with the guarantee to protect fundamental human rights enshrined in the Constitution and international treaties, including the Convention. 

A plan “Put yourself in my shoes” tried to bring visibility to the work done by the judiciary.  There was a website on the plan which was completely accessible to persons with disabilities.  Paraguay had a technical secretariat for planning which implemented a dashboard of State actions to promote disability rights, and timetables for these actions.  All State institutions needed to be accountable for as to how their actions impacted persons with disabilities.  The database tool, among others, testified to Paraguay’s commitment to implement the Convention. 

The National Secretary for the Human Rights of Persons with Disabilities had a budget with two purposes: aiding persons with disabilities and promoting their rights.  The National Secretary was trying to move from a medical model to one which was more rights-based.  Indicators for persons with psychosocial disabilities should not have been excluded from the 2022 census.  The National Secretary agreed with the Committee in this regard; all disabilities needed to be reflected in the collation of national data.  This was a challenge which would be faced when the official results were released.  Paraguay was making progress on the law of accessibility.  In the view of the State, this law was already entirely enforced.  Paraguay was divided into local authority areas and each one was required to have a disability secretariat.  The accessibility law provided for one local counsellor to be appointed as a disability contact.

There had been a significant increase in the budget for the National Secretary, however these funds were not sufficient.  To make a move away from the medical model towards a human rights-based modal, a different budget was required.  “Vamos” was a social protection programme which included persons with disabilities at all stages of their life.  It was driven by local authorities and was fully operational.
 
The delegation did not have specific figures on how many public transport vehicles were accessible.  However, abuse in public transport was not an ongoing phenomenon, even though it did exist.  Paraguay had been trying to ensure it had accessible transport.  The law had been changed to allow all persons with disabilities to access the public transport system for free, when previously it had only been visually impaired persons who received free public transport.  There were few situations when complaints had arisen.  When they arose, they were dealt with by the sub-ministry of transport. 

Questions by Committee Experts

AMALIA GAMIO, Committee Expert and Country Co-Rapporteur, asked if the Government would enforce Law 3586 of 2008 on compulsory inclusion of persons with disabilities in education.  How long would it take Paraguay to amend the Civil Code?  Were the mobile courts staffed by people trained in assisting persons with disabilities?  Why did people continue to be placed in institutions without their consent?  What was the institution which monitored those placements?  What measures had been taken in response to abuse and violence towards persons with disabilities in those institutions?  Information provided to the Committee said that patients were subjected to electric shock therapy and given medicine without their consent.

ROSA IDALIA ALDANA, Committee Expert and Country Co-Rapporteur, said drivers of public transport often denied persons with disabilities the service.  Did Paraguay have the funds and the staff to train all drivers of public transport?  Would the terminology within legislation which ran counter to the Convention be amended? 

A Committee Expert said persons with disabilities in Paraguay continued to have their legal capacity removed.  Would Paraguay align the Civil Code with Article 12 of the Convention to put an end to substituted decision making and replace it with supported decision making?  Was the national preventative mechanism on torture empowered to monitor psychiatric hospitals and check the living conditions of persons with disabilities in these institutions?  What progress was being made to transfer people from psychiatric hospitals to reintegration centres? 

Another Expert asked for information on the strategy and mechanism in the country for persons with disabilities to deal with emergencies in humanitarian risks situations.  What measures were taken to make justice accessible for all persons with disabilities? 

An Expert asked whether training had been provided to persons working in the justice system on persons with disabilities and supported decision making?  Could information on the 42 children and adolescents living in shelters be provided?

A Committee Expert asked what measures had been implemented to strengthen initiatives for preventing and addressing violence against women with disabilities. 

A Committee Expert asked about mechanism to eliminate all forms of discrimination.  What were measures to include women with disabilities, indigenous persons with disabilities and lesbian, gay, bisexual and intersex persons with disabilities in the political process?  What positive measures were being established to ensure women with disabilities enjoyed the same legal and human rights as men?  What steps had been taken to adopt affirmative actions to enable close consultation with persons with disabilities of underrepresented groups in all political frameworks? 

AMALIA GAMIO, Committee Expert and Country Co-Rapporteur, asked about the measures adopted to collect data on persons with disabilities.  Were there enough resources for children’s authorities and did these cover violence in the home?  Was data available on birth registration for indigenous babies in rural areas?  How was Paraguay progressing with removing persons from institutions?  There were 255 persons in psychiatric hospitals and prisons.  Did they have access to justice?  Were care settings for children regularly monitored?  How many children with disabilities were in care?  What were the effects of not asking two questions on psychosocial disabilities in the census?  What would be done to make up for that?  Could specific statistics on persons with psychosocial disabilities be gathered in the meantime?

Responses by the Delegation

MARCELO SCAPPINI RICCIARDI, Ambassador, Permanent Representative Permanent Mission of Paraguay to the United Nations Office at Geneva and head of the delegation, said there was a new Minister heading the National Secretary for the Human Rights of Persons with Disabilities, which remained operational, with a statute and a budget.  The inaugural speech by the new President had sign language interpretation and social media posts were created to be accessible for persons with disabilities.

The delegation said efforts were being made to promote the Convention within the judiciary.  The situation of justice was being analysed in relation to the Convention.  Two awareness raising campaigns had been run on this topic, including the campaign “Put yourself in my shoes,” which focused on the rights of persons with disabilities, equal treatment and inclusive language.  Within the justice system, the conservatorship and guardianship system had been replaced with a support system.  This represented a move to a system which ensured persons could fully enjoy their rights.  The delegation asked for the support of the Committee in drawing up a training curriculum based on the Convention, which could be implemented through the Supreme Court training unit.  Paraguay was working on implementing a law which provided for flexible working hours for persons with disabilities, should they need them.  The State would benefit from the support of the Committee in taking the work further.

Training had been provided to bus drivers in metropolitan areas.  Paraguay planned to launch a guide outlining good driving skills.  An audit had been conducted on accessibility, whereby 15 information campaigns were carried out, covering issues such as intellectual disability, among others.  A project was in place to achieve educational excellence, which aimed to improve the education environment through physical infrastructure and technology.  The delegation said there were many provisions to provide care for women with disabilities.  Six women with disabilities had been assisted in shelters, along with five children with disabilities.  Women’s shelters had social, legal and psychological support services available.  Since 2013, all news bulletins in Paraguay had incorporated sign language interpretation. 

The Electoral Law had been amended to increase the accessibility of voting proceedings.  The definition of persons with disabilities had also been amended.  Previously, those who were deaf or mute were not permitted to vote.  The amendment had established a programme for accessible voting to ensure these people could vote on the same level as others.  Through the accessible voting plan, there was now assistance provided in polling booths, and accessible booths were available.

In Paraguay, gender equality and women’s full participation in public life was a priority.  The State was committed to realising this.  The Supreme Court had implemented policies and legislation to ensure equal opportunities for all candidates in elections.  In 2017, the gender policy unit was established to empower women and produce more statistical data.  It was also important to give greater visibility to women who had already been elected, including local councillors.

There was a national plan for sexual and reproductive health which specifically referred to the special needs of persons with disabilities.  Updates to the mental health plan included strategies for increasing decentralised care and mental health care services.  There were six shelters with over 250 people living in them.  The State’s psychiatric hospital was fully committed to the reform of mental health care.  Since 2022, there had been joint meetings with the national director of mental health care and the national preventative mechanism for torture.  A working group was set up to draft documents based on recommendations to the psychiatric hospital by the national preventative mechanism for torture.  The Working Group aimed to enforce these recommendations, with a view to achieving deinstitutionalisation.

An inter-institutional forum had been created to combat trafficking, which was comprised of several institutions.  A 137 hotline was available for women to report cases.  10 persons with intellectual disabilities had been provided with support.  There was also a refuge centre for women who were victims of trafficking.  The 2022-2024 plan for children and adolescents focused on them as rights holders and aimed to eradicate sexual violence against this group.  A project had been implemented which held workshops on preventing violence against children and adolescents, among other measures.  The project, which was carried out in partnership with the United Nations Children’s Fund, called on society to be actively involved in protecting children against violence.  There were more than 7,700 children in residential care centres, of which 36 were persons with disabilities. 

In 2012, Paraguay had conducted a national census and experienced issues with the definition of identity.  The State was working on compiling an atlas of disabilities and was trying to create a full record of persons with disabilities.  Paraguay found that according to the census, over 700,000 people in the country had disabilities.  Training was being provided within the National Secretary to ensure it could provide appropriate care to persons with disabilities who sought the service.  Persons with disabilities had been consulted on the drafting of the disaster risk reduction policy through working meetings. 

The Gender Office of the judicial branch conducted awareness raising activities to protect women from violence.  A police protocol was in place for dealing with physical crimes against women.  A department addressed the specific needs of victims of domestic violence.  The delegation said the national action plan for persons with disabilities 2015 – 2030 included safeguards and working documents which allowed the Government to appoint the independent mechanism.  The Government was currently consulting among entities to appoint this authority.  The Ministry of Sport had provided financial assistance for athletes with disabilities, making it possible to send them to international competitions.  Paraguay had been able to send athletes to the Paralympics.

Paraguay’s civil registry consistently carried out mass national birth registration campaigns.  The Government used new technologies to make it easier for people in vulnerable situations to register births.  113,000 births had been registered for 2021 and 109,000 births for 2022.

Questions by Committee Experts

AMALIA GAMIO, Committee Expert and Country Co-Rapporteur, said a bill stated that the National Secretary would be merged and would no longer have standalone status.  Could clarification be provided on this?  What was being done to deinstitutionalise children in institutions?  How many sign language interpreters were in Paraguay currently?  Had progress been made in their training?  How many children with disabilities were not in school?  There was a lack of regulation on support of teaching staff, and parents of children with disabilities had to pay for teaching support assistance.  What was being done to solve the issue of tax breaks, which did not benefit many individuals?  Were cash transfers sufficient, particularly for indigenous persons and persons with disabilities?  What actions had been taken to address the lack of a gender perspective in the national programme for financial inclusion? 

ROSA IDALIA ALDANA, Committee Expert and Country Co-Rapporteur, said Paraguay needed to strengthen the measures which were already in existence.  There was no budget behind the indicators and no mechanism to ensure they were operational in practice.  The judicial system was not accessible; sign language interpretation was only available at limited times, and outside of this there was no support.  Over the past four years, there had only been one case of a sentence relating to accessibility.  There were no mechanisms in place to ensure that persons with disabilities could submit a complaint.  Could information be provided about the child Juliette Le Droumaguet Zapata, who had been missing for three years now?  What was the situation of this case?  What was being done in the higher education sector to ensure persons with disabilities could have access to further education?  Was there any plan to promote reasonable accommodation?  What plans were there to ensure that persons with disabilities could have access to competitive exams and the labour market?  What training programmes were in place in this regard?

A Committee Expert thanked the delegation for acknowledging that the 2022 census had not been undertaken appropriately.  It was pleasing to hear that there would be an atlas of persons with disabilities in Paraguay, as it was very important to have robust data.  How many certificates of disability were issued on an annual basis?  Electroconvulsive therapy was still used in Paraguay, and psychiatric treatment was reinforced.  Could the delegation comment on this?  What measures were in place to ensure all health services were fully accessible to persons with disabilities?  What measures were in place in rural areas? 

Another Expert asked about information taken to make information accessible for persons with disabilities.  What training programmes were in place for medical staff in regard to persons with disabilities?  To what extent were persons with disabilities involved in building training programmes?

An Expert asked if persons with intellectual disabilities in institutions were provided assistance, including information in braille and Easy Read, if they wished to regain their independence?

A Committee Expert asked what measures had been implemented to protect women with disabilities in discrimination in employment, in both the public and private sectors?  How was access to effective complaint mechanisms ensured?  When would the Electoral Code be amended to ensure full participation of persons with disabilities? 

Another Expert asked if, since the establishment of the Inclusive Education Act, there had been an increase in students with disabilities in the education system. Were provisions included in this act to promote the appointment of teachers who were trained to teach students with disabilities, as well as the construction of accessible bathrooms for students with disabilities and the provision of support?  Could the delegation explain how the employment of persons with disabilities was guaranteed in the public sector?  What measures were put in place to eliminate sheltered workshops, and have persons with disabilities from these entities fully integrated in the open labour market?

An Expert asked about the number of special schools which had been phased out.  Had the State party created a mechanism to have regular monitoring of the implementation of inclusive education?  To what extent were persons with disabilities included in the monitoring process? 

A Committee Expert asked how persons with disabilities were involved in the process of the 2022 census?  What models were there to ensure that disability data was captured? 

AMALIA GAMIO, Committee Expert and Country Co-Rapporteur, asked for further clarification on alternative care settings.  What training had been carried out for teachers in Paraguay?  Had the plan for indigenous persons been extended beyond 2018?  Why was the percentage of employed persons with disabilities so low?  Was there a plan for reducing the poverty level for persons with disabilities, particularly in indigenous communities?  What measures were been taken to establish an independent mechanism to monitor the implementation of the Convention?

Responses by the Delegation

The delegation said an important forum for exchange with persons with disabilities was provided by the quarterly meetings of the National Commission for the Rights of Persons with Disabilities, but this was not the only forum for exchanges.  There were also the sub-committees of the National Commission and the technical fora, all of which involved persons with disabilities.  Inclusive and accessible participation had led to the training of 3,900 staff in new models for disabilities.  There was country-wide training for children’s ombudsmen.  Municipalities were establishing their own Secretariats for disabilities.  More than 4,300 people had received training in total.

A national database was tasked with registering persons with disabilities and civil society organisations of and for persons with disabilities.  This data included disability certificates and labour reports.  Persons with disabilities had been involved in drafting the national plan for persons with disabilities and its indicators.  Persons with disabilities contributed to identifying the priorities which the plan should focus on, looking at alignment with the Convention and social development.  Of the 110 indicators in the plan, 32 per cent were being implemented.  To date, there had been annual reporting on the indicators.  It was important to review the plan and the indicators list and update them regularly.  New developments, such as the impact of climate change on persons with disabilities, needed to be considered. 

The amended article of the Electoral Code said the Supreme Court should take all measures to ensure persons with disabilities could participate in political life.  Based on this amendment, the Electoral Commission would ensure full participation of persons with disabilities, including women.  Current State policy aimed to deinstitutionalise children.  Measures had been undertaken to strengthen the family and activities had been undertaken with civil society to help children maintain links with their families and develop in a family environment.  There was a particular focus on children with disabilities.  The family care model was promoted as a priority in Paraguay.

Measures had been taken by the State to eradicate barriers to education.  M than 1,100 teachers and more than 1,000 technical assistants were facilitating inclusive education.  Persons with disabilities would participate in the planning of these activities.  0.8 per cent of children in schools were children with disabilities.  Special training was provided to teachers of inclusive education, and more than 9,000 teachers had been trained on inclusive education.  48 schools had inclusive education provisions and benefitted from a mobile workshop system and a digital programme.  29 support centres had been established for special and inclusive schools.  Paraguay was developing a network of accessible universities.  A quality education programme was in place for children outside of schools, to prevent school dropouts.  This programme had benefitted 30,000 children at all levels and 7.1 million dollars were dedicated to this programme.

Cash transfer support for families in Paraguay had increased by 25 per cent.  The Technical Unit had established a social security register which included persons with disabilities.  The social sector in Paraguay was undergoing great change.

If a person with disabilities was involved in judicial proceedings, the court hired sign language interpreters.  Recently, basic sign language interpreting and human rights courses had been developed.  The planning unit of the judiciary was working on developing a plan for making the complaints mechanism and sentences for persons with disabilities accessible.  75 sentences had been handed down between 2011 and 2023 which had invoked the Convention.  Local counsellors were established as disability contacts and needed to be trained by the National Commission for the Rights of Persons with Disabilities before taking on their new position. 

The National Labour Training System had implemented provisions for persons with disabilities, including further investment into the disability sector.  The System had implemented employment training programmes for persons with disabilities and their family members.  Between 2019 to 2023, more than 2,700 persons with disabilities received training, along with their family members and guardians.  The National Action Plan for persons with disabilities utilised a human rights-based approach and was based on the Convention.  The Sustainable Development Goals were also integrated into international development plans for the next decade. 

There were different retirement systems in Paraguay, depending on employment.  Over the past few years, the Ministry of Employment had launched an initiative to harmonise the various retirements systems, as the differences generated inequalities.  Paraguay was aware of the bill proposing to merge the National Secretary for the Human Rights of Persons with Disabilities, but no information had been received on taking it forward.  The official response before the new President took up office was to ignore the bill.

Closing Statements

MARCELO SCAPPINI RICCIARDI, Ambassador, Permanent Representative Permanent Mission of Paraguay to the United Nations Office at Geneva and head of the delegation, expressed satisfaction with the dialogue.  He reiterated Paraguay’s respect for the Committee and the United Nations multilateral system.  Paraguay would carefully study the recommendations of the Committee, which would help build better societies.  Paraguay used a tool to follow up on the Committee’s recommendations, which they offered to other countries.  

ROSA IDALIA ALDANA, Committee Expert and Country Co-Rapporteur, thanked Paraguay for taking part in the constructive dialogue. There were shortcomings in the implementation of the Convention which had a negative impact on persons with disabilities’ enjoyment of their rights.  The Committee would provide clear guidelines for amending law, public policies and plans to ensure the full inclusion of persons with disabilities.  The Committee encouraged Paraguay to implemented current plans and ensure they were fully funded and staffed.  The National Council for Persons with Disabilities should become an independent body.  A survey should be conducted on persons with psychosocial disabilities as they were excluded from the census.  Paraguay was urged to adopt a human rights-based model.  The State party should ensure there was proper staffing and funding so all persons with disabilities could access health services and education, and live independently.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/08/experts-committee-rights-persons-disabilities-pleased-about-data