Human Rights Council holds annual debate on the rights of persons with disabilities

GENEVA (3 March 2017) - The Human Rights Council this morning held its annual debate on the rights of persons with disabilities with regard to the standards set in article 5 of the Convention on the Rights of Persons with Disabilities on equality and non-discrimination, and the policies and practices developed under its guidance.
 
Mouayed Saleh, Vice-President and Rapporteur of the Human Rights Council, in his introductory remarks, said that the Council would address standards set in Article 5 of the Convention on the Rights of Persons with Disabilities on equality and non-discrimination, and policies developed in this regard.  
 
In his opening statement, Adam Abdelmoula, Director of the Human Rights Council and Treaty Mechanisms Division at the Office of the High Commissioner for Human Rights, noted that substantive equality went hand-in-hand with non-discrimination and sought to prevent any discrimination or exclusion that nullified the recognition of rights on equal grounds.  The 2030 Agenda for Sustainable Development, in which the rights of persons with disabilities were a cross-cutting feature, should further galvanize full inclusion and recognition of the rights of persons with disabilities. 
 
Panellists were: Ana Sofia Antunes, Secretary of State for the Inclusion of Persons with Disabilities of Portugal; Catalina Devandas Aguilar, Special Rapporteur on the rights of persons with disabilities; Danlami Umaru Basharu, Member of the Committee on the Rights of Persons with Disabilities; Géronime Tokpo, African Disability Forum; and Judith Heumann, Disability Rights Expert.
 
Ana Sofia Antunes, Secretary of State for the Inclusion of Persons with Disabilities of Portugal, spoke about Portugal’s legal framework surrounding the implementation of the Convention on the Protection of the Rights of Persons with Disabilities.  The model proposed for Portugal, still in its pilot phase, was based on four dimensions, including that salaries, technical and logistical costs were largely funded by the European Union Structural Funds. 
 
Catalina Devandas Aguilar, Special Rapporteur on the rights of persons with disabilities, underlined the importance of the recognition of the transformative power of the principle of equality and non-discrimination.  Just like racism, sexism and xenophobia, the international community should recognize disability-based discrimination.
 
Danlami Umaru Basharu, Member of the Committee on the Rights of Persons with Disabilities, reminded that many States did not have a definition of reasonable accommodation in their legislation and did not explicitly recognize that the denial of reasonable accommodation constituted disability-based discrimination. 
 
Géronime Topko, African Disability Forum, said that despite the existence of numerous instruments, persons with disabilities were not fully able to enjoy their rights.  In some African countries laws still existed that led to situations of discrimination, and the African education system in connection with persons with disabilities was often carried out in specialized institutions. 
 
Judith Heumann, Disability Rights Expert, stressed the importance of technical assistance in offering a powerful tool to promote compliance through better understanding of obligations and how to practically implement those obligations.  Technical assistance was also important to ensure that rights-holders understood what their rights were, how they could be enforced and how they could engage enforcement processes.  
 
In the ensuing discussion speakers highlighted the unique opportunity that the 2030 Sustainable Development Agenda represented for concerted efforts to reduce inequality for persons with disabilities and ensure their inclusion and participation.  They underlined the significant barriers to employment, health and education experienced by persons with disabilities, and called for concrete State policies in that respect and incentives for non-State actors.  Persons with disabilities must be seen as active holders of human rights and should be empowered to become active members of society.  In the context of reasonable accommodation it was important to recognize what people could actually do and not what they could not do.  Concern was expressed concern about the narrow interpretation of reasonable accommodation within the United Nations, including for treaty bodies members.
 
Taking the floor were: Mexico, El Salvador on behalf of the Community of Latin American and Caribbean States, Colombia on behalf of the Victims Assistance Committee for the Antipersonnel Mine Ban Convention Croatia, Belgium and Ecuador, Tunisia on behalf of the African Group, New Zealand on behalf of the Group of Friends of Disabilities, Pakistan on behalf of the Organization of Islamic Cooperation, European Union, Portugal on behalf of the Community of Portuguese-Language Countries, Philippines on behalf of the Association of Southeast Asian Nations, Iraq on behalf of the Arab Group, Ecuador, Ethiopia, Saudi Arabia, Georgia, Qatar, El Salvador, United Arab Emirates, Portugal, Estonia, Greece, Bolivia, Chile, Pakistan, and Mongolia.  
 
Also taking the floor were the following non-governmental organizations: Australian Human Rights Commission, Centre Independent de Recherches et d’Initiative pour le Dialogue, Association Miraisme International, Equality Human Rights Commission, Verein Sudwind Entwicklungspolitik, and China NGO Network for International Exchanges. 
 
The Council is holding a full day of meetings today.  At noon it will resume its interactive dialogue with the Special Rapporteur on the situation of human rights defenders, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, followed by a clustered interactive dialogue with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, and the Special Rapporteur on the promotion of the enjoyment of the cultural rights of everyone and respect for cultural diversity. 
 
Introduction
 
MOUAYED SALEH, Vice-President and Rapporteur of the Human Rights Council, said in introductory remarks that the Council would address standards set in article 5 of the Convention on the Rights of Persons with Disabilities on equality and non-discrimination, and policies developed in this regard.  The debate would provide a valuable opportunity to consider the human rights of persons with disabilities.  In an effort to render the Human Rights Council more accessible to persons with disabilities, international sign interpretation and captioning would be provided, including on the webcast, the Council’s chamber had been made physically accessible, and braille printing was available on demand.
 
Opening Statement
 
ADAM ABDELMOULA, Director of the Human Rights Council and Treaty Mechanisms Division, Office of the High Commissioner for Human Rights, said that it was undeniable that the world had come a long way since the adoption of the Convention on the Rights of Persons with Disabilities.  Substantive equality went hand-in-hand with non-discrimination and sought to prevent any discrimination or exclusion that nullified the recognition of rights on equal grounds.  But in practice, persons with disabilities continued to suffer exclusion, marginalization, discrimination and violence; exclusion from employment and education prevented persons with disabilities from fully enjoying their rights, while women and girls with disabilities suffered compounded discrimination based on gender and disability.  The 2030 Agenda for Sustainable Development, in which the rights of persons with disabilities were a cross-cutting feature, should further galvanize full inclusion and recognition of the rights of persons with disabilities.  The Convention provided a robust framework which addressed discrimination, segregation, exclusion and violence against persons with disabilities. 
 
However, experience had proven that legislation alone was not enough and that additional specific measures were needed to dismantle structural and systematic discrimination still inherent to all societies, and should be in place until substantive equality was achieved.  Central to the duty of non-discrimination was the obligation to provide reasonable accommodation; this was a relatively new concept in human rights and disability discourse and was commonly confused with other concepts such as specific measures, accessibility, provision of support, and others.  Since denial of reasonable accommodation was a form of discrimination in itself, it was essential that legislators, policy makers, judges, the private sector and civil society had a thorough understanding of the legal implications of this obligation, in order to ensure the effective protection of persons with disabilities against discrimination.
 
Statements by the Panellists
 
ANA SOFIA ANTUNES, Secretary of State for the Inclusion of Persons with Disabilities of Portugal, spoke about Portugal’s legal framework surrounding the implementation of the Convention on the Protection of the Rights of Persons with Disabilities.  A law which prohibited discrimination based on disability provided access to buildings and public space.  Portugal had measures and services to ensure that persons with disabilities had the possibility of living independently, and the Government was improving the cash benefits system.  The most essential condition for independent living for persons with disabilities was personal assistance.  The model proposed for Portugal, still in its pilot phase, was based on four dimensions, including that salaries, technical and logistical costs were largely funded by the European Union Structural Funds.  The adoption of the 2030 Agenda for Sustainable Development was a historic step forward in the international community’s common approach to tackling challenges faced by society.  The Portuguese Government was committed to its implementation, and the chosen strategy aimed at contributing to the reduction of the vulnerability of persons with disabilities.  Equality and non-discrimination and the quality of life of persons with disabilities were important elements of the goal of sustainable development.
 
CATALINA DEVANDAS AGUILAR, Special Rapporteur on the rights of persons with disabilities, underlined the importance of the recognition of the transformative power of the principle of equality and non-discrimination.  One key debate was about what kind of international instruments were needed to protect the rights of persons with disabilities: a general clause or a comprehensive convention.  The majority advocated a comprehensive treaty.  A non-discriminatory approach was limited and it did not have the necessary transformative power to ensure that all persons with disabilities enjoyed full rights.  The Convention required positive measures taken by States.  They had to change the physical environment and the information system in order to allow persons with disabilities to take part in society.  What was at stake was to adopt effective measures to ensure the participation of persons with disabilities in society on an equal footing.  It was not just about accepting diversity, but about designing a system that would embrace diversity structurally.  There should be a gender perspective in all disability policies, Ms. Aguilar pointed out.  Persons with disabilities formed a very heterogeneous group, which should be reflected in relevant policies.  Just like racism, sexism and xenophobia, the international community should recognize that “abilitism”, or disability discrimination, was also a form of discrimination.  The Convention on the Rights of Persons with Disabilities had a huge potential to do away with that type of discrimination.   States had to undertake specific measures to ensure de facto equality.  The 2030 Sustainable Development Agenda was a unique opportunity to convert such obligations into effective measures and to render some 15 per cent of the world’s population into equal social participants. 
 
DANLAMI UMARU BASHARU, Member of the Committee on the Rights of Persons with Disabilities, explained the evolution of the principles of equality and non-discrimination and stressed that their application was crucial for the implementation of the Convention on the Rights of Persons with Disabilities.  The Convention defined denial of reasonable accommodation as discrimination on the basis of disability.  However, many States did not have a definition of reasonable accommodation in their legislation and did not explicitly recognize that the denial of reasonable accommodation constituted disability-based discrimination.  To guide States in their implementation of the Convention, and in particular the provisions of equality and non-discrimination and reasonable accommodation, the Committee had developed General Comment N° 2 on article 9 on accessibility.  In its General Comment N°3 on women with disabilities, the Committee called upon States to take specific measures to combat multiple and intersectional discrimination against women with disabilities, including through providing sufficient budgetary allocation for the advancement of women and girls with disabilities in line with the Sustainable Development Goal 5 on gender equality.  Finally, in General Comment N°4 on the right to education, States were invited to adhere to the principle of providing reasonable accommodation to support the inclusion of persons with disabilities based on human rights standards.
 
GÉRONIME TOKPO, African Disability Forum, said that despite the existence of numerous instruments, persons with disabilities were not fully able to enjoy their rights.  The previous panellists had referred to the principles of equality and non-discrimination, which meant avoiding any form of distinction or exclusion of persons with disabilities on the basis of their disability.  On the situation in Africa, Ms. Tokpo spoke about the legal situation, noting that national constitutions of countries with democratic systems guaranteed the equality of rights for all citizens.  In some countries, laws still existed that led to situations of discrimination.   The African education system in connection with persons with disabilities was often carried out in specialized institutions.  In terms of persons with disabilities’ access to employment, it was often very difficult because the provisions were not favourable.  Several countries had attempted to adapt their electoral systems to persons with disabilities, for example with ballots in Braille, but overall there were numerous barriers to the participation of persons with disabilities.  In some countries, persons with disabilities did not have the right to vote, which ran counter to the Convention on the Rights of Persons with Disabilities.  On questions of gender equality, social and cultural behaviour and stereotypes had strong impacts on persons with disabilities in Africa.  Women with disabilities often did not have access to education.  An expansion of the rights of persons with disabilities had been seen since the adoption of the 2030 Agenda for Sustainable Development.  Africa had seen modest progress, because many things still needed to be improved.
 
JUDITH HEUMANN, Disability Rights Expert, explained that in developing disability legislation in the United States, experts learned from the civil society movement that strong non-discrimination legislation had to form the foundation of non-discrimination protections if the principle of non-discrimination was to be realized.  It should contain the following elements: the law that set forth a clear legal theory; the legislation should indicate who was responsible for enforcement and should grant them specific enforcement powers; the enforcer had to have rulemaking authority; the law should clearly set forth specific enforcement procedures; and strong legislation should also address the provision of technical assistance to the public.  It should be recognized that in many places, non-discrimination on the basis of disability was a relatively new concept and that individuals and institutions may not understand their obligations under disability non-discrimination legislation.  Technical assistance offered a powerful tool to promote compliance through better understanding of obligations and how to practically implement those obligations.  Technical assistance was also important to ensure that rights-holders understood what their rights were, how they could be enforced and how they could engage enforcement processes.   Ms. Heumann stressed that it was important for any non-discrimination legislation to incorporate a broad definition of disability.  In the context of people qualifying for particular services, support and benefits, it was logical that the definitions used should be narrow enough to target the appropriate class of individuals.  However, such narrow definitions should not be used in the context of protecting people from disability-based discrimination.  Ms. Heumann also underlined the aspect of reasonable accommodation, which should be implemented properly.

Discussion
 
Mexico said it was a steadfast supporter of the Convention on the Rights of Persons with Disabilities and was strengthening its legal framework to make it more practical in promoting equality and eradicating discrimination.  It had 48 acts of laws which prohibited discrimination on the grounds of disability; 11 acts of law stated that the denial of reasonable accommodation was considered as discrimination.  El Salvador reaffirmed on behalf of the Community of Latin American and Caribbean States the commitment to the implementation of public policies ensuring universal health coverage and free education of high quality without any discrimination, and to protecting children from all forms of discrimination, including on the grounds of disability.  Colombia, also speaking on behalf of the Victims Assistance Committee for the Antipersonnel Mine Ban Convention Croatia, Belgium and Ecuador, said that the Mine Ban Convention shared a common agenda with the Convention on the Rights of Persons with Disabilities.  States parties to the Convention were committed to the full, equal and effective participation of mine survivors in society and this had been adopted in their Maputo Plan of Action 2014-2019.  Tunisia, speaking on behalf of the African Group, remarked that the causes of discrimination and the challenges to full equality of persons with disabilities in Africa were exacerbated by increased rates of poverty, systemic discrimination, and the risk of violence and abuse, particularly for women, girls and the elderly with disabilities.  New Zealand, speaking on behalf of the Group of Friends of Disabilities, stressed that in the context of reasonable accommodation, it was important to recognize what people could actually do and not what they could not do, and expressed concern about the narrow interpretation of reasonable accommodation within the United Nations, including for treaty bodies members.  Pakistan, speaking on behalf of the Organization of Islamic Cooperation, recalled that equality and non-discrimination were among the core Islamic principles and said that education was the biggest enabler for strengthening the role of persons with disabilities in the society.  Gender sensitive inclusive education curricula and information systems must be developed and put in place.  European Union stressed that persons with disabilities must be seen as active holders of human rights and asked panellists for their views on how best to ensure reasonable accommodation in the field of employment and about best practices in combatting stigma, stereotypes and negative perceptions about persons with intellectual disabilities.
 
Portugal, speaking on behalf of the Community of Portuguese-Speaking Countries, reiterated its commitment to the Convention on the Rights of Persons with Disabilities, noting that there were still instances of discrimination, asking the panellists for good practices in the way of fighting discrimination in education and health.  Philippines, speaking on behalf of the Association of Southeast Asian Nations (ASEAN), noted that all its members had ratified the Convention on the Rights of Persons with Disabilities and added that it was important to promote complementarities between the ASEAN Community Vision 2025 and the 2030 Agenda for Sustainable Development to uplift the standards of living for people with disabilities.  Iraq, speaking on behalf of the Arab Group, said legislation based on cultural and moral values ensured a life with dignity for persons with disabilities, and the 2030 Agenda for Sustainable Development which included people with disabilities would be implemented.  Ecuador said progress should be pursued by following new rules that fit the Sustainable Development Goals, noting that Ecuador had made progress thanks to programmes and the national agenda for persons with disabilities.  Ethiopia said the emergence of policies had created awareness which brought positive impact, noting that the Government had taken steps to promote the equal participation of persons with disabilities in all areas of life.
 
Australian Human Rights Commission, in a video statement, said everyone was entitled to the protection of the law.  At least half of the people in prison in Australia had some form of disability said the Commission, noting that justice programmes were often antagonistic and inflexible.   Centre Independent de Recherches et d’Initiative pour le Dialogue asked the panellists whether international standards had taken into consideration the situation of humanitarian crises in certain countries, as zones of conflict produced persons with disabilities.  Association Miraisme International noted that persons with disabilities were more vulnerable to discrimination, poverty and exclusion.  Thus they needed necessary training to overcome those social barriers and earn a living. 
 
Remarks by the Panellists
 
ANA SOFIA ANTUNES, Secretary of State for the Inclusion of Persons with Disabilities of Portugal, said that good work had been done in Portugal with respect to inclusive education.  Following the adoption of the legal rule that children with disabilities attend regular schools, 97 per cent of them were now studying in regular, mainly public schools.  They enjoyed free of charge access to equipment and technologies to help them to successfully follow the curriculum.  Such an approach could be implemented in all countries.  The real challenge was the construction of an adequate environment for children with disabilities.  Ms. Antunes noted that new technologies opened up new opportunities for including persons with disabilities in everyday life. 
 
CATALINA DEVANDAS AGUILAR, Special Rapporteur on the rights of persons with disabilities, stressed the importance of the principles of equality and non-discrimination.  The international community had to ensure the de facto equality of persons with disabilities and to focus on questions of reasonable accommodation and the elimination of all inequalities.  Persons with disabilities had to participate in education systems on an equal footing.  However, that was impossible without the removal of physical barriers.   All public polices and the work carried out by States should be guided in their design by the principles of equality and non-discrimination reflected in the Convention on the Rights of Persons with Disabilities. 
 
DANLAMI UMARU BASHARU, Member of the Committee on the Rights of Persons with Disabilities, said that there was a clear difference between principles and practice, and there was a need for States to implement in practice their commitment to principles of equality, non-discrimination and the provision of reasonable accommodation.  States must create concrete measures in this regard, particularly in the areas of inclusive education and employment.  Maybe there was a need for a yardstick in those areas, against which the progress in private and public sectors would be measured.
 
GERONIME TOKPO, African Disability Forum, praised States for their practical steps and the commitment to achieving equality for persons with disabilities.  Barriers created disabilities so the focus on non-discrimination and equality must be on overcoming those barriers – physical, legal and others.  Further, Member States should take into account the specific needs of persons with disabilities and focus on those in building their laws and policies, with the full involvement and participation of persons with disabilities.
 
JUDITH HEUMANN, Disability Rights Expert, referenced the Title 1 of the Americans with Disability Act which focused on employment and reasonable accommodation, and noted that over the past several years, more than 28,000 charges had been filed under the Act, and that $131 million had been awarded in administrative fines.  At the same time, a hotline had been set up to provide technical assistance and advice on various issues related to disability, including reasonable accommodation.  It was regrettable that in many countries, disability was not integrated in various sectors, such as education or transportation, and ministries were not taking responsibility and were not holding themselves accountable.  Often neglected was the role of parents of children with disabilities – they were often not adequately taken into account, while parents played a crucial role in the realization of the rights of children with disabilities.  In the United States, a parent technical assistance centre had been put into place to empower and inform parents about their rights under the law and train them to be advocates on behalf of their children.

Discussion
 
Saudi Arabia placed extreme importance on the rights of persons with disabilities, having adopted legislative measures aimed at protecting their rights, any violation of which was prohibited.  Georgia welcomed the thematic study under the Convention on the Rights of Persons with Disabilities conducted by the Office of the High Commissioner of Human Rights, as well as the inclusion of disability issues in the 2030 Agenda for Sustainable Development.  Qatar said a number of separate laws assuring the equal access of persons with disabilities to services had been enacted, and asked the panellists how to promote the principle of non-discrimination for persons with disabilities within the framework of the 2030 Agenda for Sustainable Development.  El Salvador said the Government had elaborated a law allowing persons with disabilities to participate fully in society, and a national council assured comprehensive support to persons with disabilities.  United Arab Emirates said the notion of protection enshrined in Article 5 went beyond the mere recognition of persons with disabilities, adding that it was important to move away from a care-based approach.  Portugal welcomed the holding of the debate, asking the speakers for their opinions about what were the greatest obstacles to promoting the inclusion of persons with psycho-social impairments. 
 
Estonia said it was undergoing a comprehensive work ability reform to encourage and enable disabled persons to become more active and empowered in the labour market.  How could non-State actors be encouraged to include disability issues in all aspects of their activity and what kind of incentives could be given to them?  Greece stated that it was focused on making the educational system more inclusive, and that it supported the development of supported living housing aimed at developing an alternative accommodation for persons with intellectual disabilities, and free medical care.  Bolivia reminded that the 2030 Sustainable Development Agenda referred to huge gaps in opportunities among people, and thus permanent measures were needed to overcome those.  Were there any practices of reasonable accommodation with intercultural approach?  Chile said that the Anti-Discrimination Law in Chile considered disability-based discrimination as arbitrary discrimination.  Chile had thus mainstreamed the new paradigm of the Convention in all its policies and practices to guarantee equality and non-discrimination.  Pakistan noted that the 2030 Sustainable Development Agenda represented a unique opportunity for concerted efforts to reduce inequality for persons with disabilities and ensure their inclusion and participation.  Mongolia underlined the significant barriers to the employment of persons with disabilities around the world.  In Mongolia, persons with disabilities made up 3.3 per cent of the population and some 80 per cent of them were economically inactive, which was why the Government was making efforts to encourage companies to employ them.  
 
Equality Human Rights Commission, in a video statement, said further work needed to be done to assure the human rights of disabled persons, and to effectively safeguard their rights.  Five outstanding provisions of the Equality Act needed to be brought to bear, including bringing into force tax provisions of that act to improve accessibility for disabled people.  Verein Sudwind Entwicklungspolitik said all persons needed to be equal before the law, and in Iran, a law requiring candidates to have eyesight and speech remained on the books, and limitations extended to employment as well.  China NGO Network for International Exchanges said there were over 80 million people with disabilities in China, and non-governmental organizations would do more in the future to assure persons with disabilities’ ability to participate.
 
Concluding Remarks
 
ANA SOFIA ANTUNES, Secretary of State for the Inclusion of Persons with Disabilities of Portugal, reinforced the Portuguese commitment to the promotion, protection and fulfilment of the rights of people with disabilities.  She hoped that Portugal’s contribution would be highlighted along with the work that each country contributed in compliance with the objectives of the 2030 Sustainable Development Agenda and in reinforcing the commitment to not leaving anyone behind.
 
CATALINA DEVANDAS AGUILAR, Special Rapporteur on the rights of persons with disabilities, said people with disabilities were part of the world and States must overcome their limits.   Human beings were at the centre of all actions and had to use all forms of the human experience.  If all the systems had been developed with persons with disabilities in mind, this would remove barriers to their opportunities.
 
DANLAMI UMARU BASHARU, Member of the Committee on the Rights of Persons with Disabilities, said the Sustainable Development Goals were an important tool in the realisation of the goals of non-discrimination and the reinforcement of the principles of the Convention.   In reference to Article 2, he emphasized the need for States to share their experiences and support capacity building.  International development must be accessible to persons with disabilities.  Governments must work actively with people with disabilities and their representative organizations to foster a conducive environment. 
 
GÉRONIME TOKPO, African Disability Forum, said all had to focus on the specific needs of people with disabilities when policies and programmes were developed.   States should demonstrate their willingness to ensure that people with disabilities were not discriminated against.  Non-state actors would then be obliged to follow what the State was doing.   Advocacy of bodies that worked on laws should be strengthened.   In terms of access to justice, they must use all the tools necessary to allow persons with disabilities to lodge complaints against their treatment when necessary.
 
JUDITH HEUMANN, Disability Rights Expert, said she had been denied the right to teach by the authorities because she had had polio and was unable to walk.  Discrimination against disabled individuals in the area of teaching was illustrative to what many authorities still believed.  It was imperative not just to look at laws but to look at their practice. She had sued, and been given a license to teach in New York City.  It was of crucial importance to develop laws that articulated the scope of coverage.  The Americans with Disabilities Act covered the public and private sector.  When civil society got the technical assistance it needed and when government agencies took their responsibility seriously, important changes were seen taking place in countries.  She urged civil society and delegates to look at laws covering only the government and not the private sector. Countries had to ensure equality and non-discrimination, and that should not just be for one sector.  Regarding people with psycho-social disabilities, it was a complex question, but there had been discussions on that subject.

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