Promoting The Human Rights of Persons with Disabilities in Europe and Central Asia: Guide

8/13/2019 Promoting The Human Rights of Persons with Disabilities in Europe and Central Asia: Guide

1/64

Promoting The Human Rights of Persons with

Disabilities in Europe and the Commonwealth

of Independent States: Guide

http://europeandcis.undp.org

U N D P R E G I O N A L C E N T R E F O R E U R O P E A N D T H E C I S

Empowered lives.

Resilient nations.


2/64

PROMOTING THE HUMAN RIGHTS OF PERSONS WITH

DISABILITIES IN EUROPE AND THE COMMONWEALTHOF INDEPENDENT STATES: GUIDE

UNDP Regional Centre for Europe and the CIS


3/64

PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

Acknowledgements

Authors: Arkadi Toritsyn, and A. H. Monjurul Kabir

Cover photo: Yoon Kyoung Kim for UNDP in Kazakhstan

This is a part of UNDP Regional Centre for Europe and the CISs initiative onSpecial Ability.

Lessons Learned Series: Rule of Law, Justice and Human Rights

Copyright 2013

By the United Nations Development Programme

All rights reserved. No part of this publication may be reproduced, stored in a retrieval

system or transmitted, in all forms by any means, mechanical, photocopying, recording

or otherwise without prior permission.

The views expressed in this publication are those of the authors and do not necessarily

represent those of the United Nations, including UNDP, or their Member States.


4/64

SEEING THE ABILITY,

NOT DISABILITY

There is a genuine and widespread lack of general un-

derstanding and policy awareness in Europe and the CIS

and beyond that most Persons with Disabilities (PWD)

can, in fact, function effectively at work, school, and with

society, if given required support. Legacies of the socialist

system with its medical model of disability that believed

that limitations arising from disability can potentially be

prevented or managed by medical treatment of PWDs

contributes to this. Therefore, it is no surprise that themedical model and charity ideology shaped these countries

motivation for special legislation, social and legal policies,

corresponding programmes, and, social protection schemes.

Access to services does not imply only physical services.

Of course, globally, the overwhelming majority of buildings,

including government institutions are not accessible to

PWDs, which restricts their opportunities to exercise their rights in many areas. Multiple

barriers still exist in access to employment, education, housing, health, political participation,

cultural expression, entertainment, and leisure activities. Inaccessibility and prejudices insociety make life difficult and prevent access to basic rights and services such as participating

in political process, gaining access to justice, and engaging in meaningful economic and

social activity.

In fact, the UN Convention on the Rights of the Persons with Disabilities (CRPD)

provides a unique normative framework and an effective legal tool for States to end this

discrimination and violation of the rights of persons with disabilities if it is implemented

effectively and supported by policies and programmes to promote the active inclusion of

this population. Easier said than done.

The inclusion of persons with disabilities in development efforts is a question of human

rights, and the human-rights based approach is central in achieving an inclusive society,

non-discrimination and to ensuring equity. It is NOT a matter of moral obligation anymore;

it is our legal and developmental obligation. It is, therefore, important for all of us

individuals or institutions - to take effective steps to support the implementation of the

CRPD. The constituent elements (national human rights institutions, CSOs, national agencies,

judicial and quasi-judicial bodies, legislative bodies) of the national human rights systems

in our respective countries have an active duty to take this up and mainstream disability

issues, challenges, and, solutions into vision, strategic planning, annual work plans,

budgeting and resource allocation.

These are critical for achieving inclusive growth, internationally agreed development

goals (i.e., Millennium Development Goals, Post-2015 Development, Social Development


5/64


4

Goals, etc.) and, most importantly, ensuring human dignity, human rights, social protection

and justice. In order to address such needs, existing knowledge, and capacity gaps, UNDP

recently published this comprehensive Guide for both programming and advocacy. This

Guide reflects the current research, international and regional experiences, good practices

and lessons learned in ratifying the UNCRPD and its implementation. The Guide exemplifieswell-coordinated sectoral policies and national programmes aligned with the CRPD.

It would be worthwhile for all stakeholders to engage into informed national dialogues

on specific steps that should be undertaken to ratify and/or implement the CRPD. This

Guide would be of direct relevance to support such process. The time has come to ask

ourselves as members of the UN family: are we doing enough?

A.H. Monjurul Kabir

Acting Practice Team Leader, Democratic Governance

Policy Adviser, Rule of Law, Justice and Human Rights

UNDP Europe and Central Asia


6/64

5

TABLE OF CONTENTS

ABBREVIATIONS AND ACRONYMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

1. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

2. PERSONS WITH DISABILITIES IN ECIS: SOCIALIST LEGACY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

3. ADOPTING A HUMAN RIGHTS-BASED APPROACH TO DISABILITY IN THEECIS: CHALLENGES AND OPPORTUNITIES OF THE TRANSITION PERIOD . . . . . . . . . . . . . . . . .14

4. UN CONVENTION ON THE RIGHTS OF PERSONS WITHDISABILITIES: OVERVIEW AND IMPORTANCE FOR THE REGION . . . . . . . . . . . . . . . . . . . . . . . . .16

5. MEASURES SUPPORTING RATIFICATION OF THE CONVENTION . . . . . . . . . . . . . . . . . . . . . . . . .205.1. Use the Universal Periodic Review to emphasize the importance

of ratification of CRPD to advancement of the human rights of PWDs . . . . . . . . . . . . .205.2. Revise the existing legislation to align it with the CRPD requirements . . . . . . . . . . . . .215.3. Develop an Action Plan, including specific steps

that have to be undertaken to ratify the convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .225.4. Create and enhance consultation mechanisms for PWDs

involvement in decision making. Strengthen capacities of DPOs. . . . . . . . . . . . . . . . . . .23

5.5. Address attitudinal barriers to disability and ensurewide public support of ratification of the CRPD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

6. MEASURES SUPPORTING THE SUCCESSFUL IMPLEMENTATIONOF THE CONVENTION AND OTHER DISABILITY LEGISLATION . . . . . . . . . . . . . . . . . . . . . . . . . . .306.1. Use the Universal Periodic Review, Treaty Bodies and Special

Procedures of the UN recommendations to advance the disability agenda . . . . . . . .326.2. Support effective operationalization of the existing disability legislation

into policies and programmes and strengthen the capacity of the public service . .346.3. Support interventions promoting accessibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .366.4. Clarify definitions and improve quality and availability of data . . . . . . . . . . . . . . . . . . . . .386.5. Promote individualized and comprehensive approaches . . . . . . . . . . . . . . . . . . . . . . . . . .416.6. Enhance access to justice for PWDs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .426.7. Ensure that the intersection of disability rights with

gender and ethnic minority rights are properly addressed . . . . . . . . . . . . . . . . . . . . . . . . .45

7. SECTORAL INTERVENTIONS PROMOTING THEHUMAN RIGHTS OF PWDs: SELECTED EXAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .477.1. Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .477.2. Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .507.3. Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .527.4. Social protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54

8. CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .589. ANNEXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59

9.1 Annex 1. Estimated Prevalence of Disability in ECIS countries . . . . . . . . . . . . . . . . . . . . . .599.2 Annex 2. Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60


7/64

CRPD International Convention on the Rights of Persons with Disabilities

CO Country Office

CSO Civil Society Organization

DPOs Disabled Peoples Organizations

ECIS Europe and the Commonwealth of Independent States

EU European Union

ILO International Labour Organization

ICF International Classification of Functioning, Disability and Health

ICT Information and Communications Technology

M&E Monitoring and Evaluation

NHRI National Human Rights Institutions

NGO Non-Governmental Organization

OECD Organisation for Economic Co-operation and Development

OSCE Organization for Security and Co-operation in Europe

PWDs Persons with Disabilities

UNDP United Nations Development ProgrammeUNDP BRC United Nations Development Programme Bratislava Regional Centre

UNFPA United Nations Population Fund

UNICEF United Nations Childrens Fund

UPR Universal Periodic Review

WB World Bank

WHO World Health Organization

ABBREVIATIONS AND ACRONYMS

6


8/64

Persons with disabilities (PWDs) are clearlyamong the most marginalized and excludedgroups in Europe and the Commonwealthof Independent States (ECIS) countries. In theECIS by all definitions of poverty, PWDs areover-represented among the poor and facemultiple barriers in exercising their humanrights. Social exclusion, low educational at-tainment, unemployment, low self-esteemand limited opportunities to participate inpolitical and social life are frequent parts oftheir daily experience. The human rights ofPWDs are now formally recognized in consti-tutions and specific legislation, but the tran-sition period contributed to the increase inthe numbers of PWDs and created barriersto the realization of their human rights in allECIS countries. The extent and nature of ex-clusion of PWDs differ from one sub-region

to another, as well as within countries.

In the ECIS, PWDs face multiple obstaclesto fulfilling their human rights:

Legacies of the socialist system with itsmedical model of disability that believedthat limitations arising from disability canpotentially be prevented or managed bymedical treatment of PWDs. The medical

model and charity ideology shaped theECIS countries legislation, policies andprogrammes.

Limited accessibility: in the ECIS the over-whelming majority of buildings, includinggovernment institutions is not accessibleto PWDs, which restricts their opportunitiesto exercise their rights in many areas.

Multiple barriers in access to employment:education, housing, health, political par-ticipation, access to justice, cultural ex-pression, entertainment, and leisure ac-tivities still exist.

Attitudinal barriers: there is a genuineand widespread lack of understandingin the ECIS that most PWDs can in factfunction effectively at work, school,and with society, if given adequatesupport.

This guide reflects the current researchand international experiences in ratifying theUnited Nations Convention on the Rights ofPersons with Disabilities (CRPD) and its im-plementation. The convention, as one of in-ternational human rights laws, pursues thegoal of safeguarding the integrity and dignityof PWDs by establishing legal obligationson states to protect the rights of all PWDs

7

EXECUTIVE SUMMARY

Benefits of ratification

of CRPD

States are required to ensure alignmentof legislation and policies with CRPD and

implement their commitments

Universal language and conceptualhuman rights framework to promote

rights of PWDs is adopted

Capacities of PWDs and their organizationsimprove. They become more extensively

involved in decision-making

States are required to report on theircompliance with CRPD and progress

made


9/64

under their jurisdiction. The societies in coun-tries that ratify the convention have to identifythe societal barriers that prevent PWDs fromfull and effective participation and inclusion

in all aspects of community life, includingemployment, education, housing, health, po-litical participation, access to justice, culturalexpression, entertainment, and leisure activitiesand implement a series of measures to grad-ually reduce and eventually eliminate thesebarriers.

There is a range of measures that can beadopted to support ratification of the CRPD:

use the Universal Periodic Review (UPR)to emphasize the importance of ratificationof CRPD to advancement of the humanrights of PWDs. As ratification of CRPD isrecommended to many countries in theregion and many governments haveagreed to ratify it, it is essential to provideextensive support to national partnersin implementation of this recommenda-tion. Support should be provided to bothNational Human Rights Institutions (NHRI),governments and NGOs in developingplans of action and building their capacityto ratify the CRPD as a part of the UPR;

revise the existing legislation to align itwith CRPD requirements. The analysis ofthe legislation will demonstrate the degreeof protection or promotion of rights ofPWDs and the extent of laws alignmentwith key provisions of the convention.

Once the laws are reviewed and analyzed,they should be revised and aligned withthe CRPDs human rights model, ap-proaches and language;

develop an action plan, including specificsteps that have to be undertaken to ratifythe convention. The governments movingtowards ratification of CRPD should bewell aware of legislative, policy and budg-etary implications of ratifying CRPD and

should have sufficient capacity to imple-ment it. Such areas as conducting research,developing policy options, conductingpolicy assessments as well as estimating

costs of new policy initiatives in the areaof disability should be strengthened toprepare them for CRPD ratification;

strengthen PWDs role and involvement

in decision making. To make sure thatthe voices of the PWDs are heard andthat politicians realize that the electorateis supportive of CRPD ratification, it isnecessary to empower PWDs andstrengthen their capabilities to demandand use their rights through democraticpolitical processes;

address attitudinal barriers to disabilityand ensure wide public support for rati-

fication of CRPD. Public attitudes maythemselves be critical to either advancingor hindering the inclusion of PWDs. Toobtain better data on public perceptionsof disability and to raise public awareness,it is beneficial to conduct nationwidepublic opinion surveys focusing on dis-ability issues, and implement awareness-raising interventions based on the dataobtained from such surveys that will becustomized to different audiences suchas parents, employers, public servants,the general public and PWDs.

Following ratification of CRPD, govern-ments as duty-bearers have to ensure im-plementation of the commitments under-taken and mainstream human rights of PWDsinto their sectoral policies. Specific interven-tions that can be implemented include:

using the UPR, treaty bodies and specialprocedures of the UN recommendationsto advance the disability agenda. The rec-ommendations developed by the UN bod-ies in the area of disability should informdevelopment and implementation of ad-vocacy, policy and programme interven-tions at the national level. They can alsobe used as a common platform to coordi-nate efforts of all development partners

in promoting the disability agenda. aligning legislation and policies with

CRPD requirements and supporting ef-fective operationalization of the existing


8


10/64

disability legislation in policies and pro-grammes;

strengthening the capacity of the publicservice. The roles and responsibilities ofpartner ministries should be clearly out-lined; interministerial coordination in thearea of disability should be improved;

safeguards should be introduced to ensurethat decentralization promotes the humanrights of PWDs; innovative approachesto promote the human rights of PWDshave to be piloted before embarking onnationwide implementation; and trainingof public servants on how to design andimplement human rights-based disabilitypolicies and programmes should be con-ducted;

supporting interventions promoting ac-

cessibility. Accessibility is not only aboutphysical accessibility of buildings PWDsface barriers at the levels of institutions,policies, and attitudes. It is about creatingan environment in which systemic barriersto the full participation of PWDs are re-duced or eliminated so that they haveequal access to the constructed environ-ment, transport, information, communi-cation and services;

clarifying definitions and improving qualityand availability of data. The CRPD can beratified and policies promoting the humanrights of PWDs can be adopted, but the

real impact of these measures should bemonitored at the household and individuallevel. Clear and objective statistical dataon PWDs is necessary to lay the basis forsound disability-related policies and pro-grammes to meet the CRPD requirements.Consistent definitions of disability aligned

with good international practices shouldbe adopted, processes for data collectionestablished and databases created tomeet the CRPD requirements and prioritizedisability-related concerns in resource al-location and policy/programme devel-opment. It is important to note that def-initions are key to gathering adequatedata;

promoting individualized and compre-hensive approaches. PWDs have diverse

strengths and needs and are not a ho-mogenous group. More individualizedapproaches to support for PWDs shouldbe adopted across all sectors as a practicalapplication of the human rights approach;

ensuring that PWDs have equal recognitionbefore the law. To ensure that such coreprovision of the CRPD as the right ofPWDs to equal legal recognition, capacityand support before the law, the following

interventions can be implemented: main-stream the goals of promoting rights ofPWDs into reforms of the justice sector;revise the existing legislation and policies


9

Capacity building

of civil society,

including DPOs

Capacity-building

of public service

in disability and CRPD

Effective disability

policies aligned

with CRPD

Improved

accessibility

Well coordinated sectoral

policies and programmes

aligned with CRPD

Improved acccess

to justice for PWDs

Individualized and

comprehensive approaches

to support PWDs

Successful

implementation

of CRPD


11/64

in such diverse sectors as employment,public transport, telecommunications andinformation, procedural law, social andhealth protection, education, public pro-

curement, family law, criminal law andother relevant areas to ensure that theyguarantee the non-discrimination of PWDs;implement interventions supporting theoffice of the ombudsman; conduct tar-geted awareness-raising interventions totrain and educate the judiciary about therights of PWDs; and support PWDs whochose the legal profession to grow pro-fessionally and assume positions of sig-

nificance in the justice system; enhancing access to justice for PWDs.PWDs should be provided with the samelegal rights and access to justice as thenon-disabled. To ensure that such coreprovision of the CRPD as the right ofPWDs to equal access to justice as wellas support and accommodation in thejustice process are met, the following in-terventions can be implemented: identifyand address physical and communicationbarriers that PWDs face in accessingjustice; legislate a right for free legal aidfor PWDs; develop a system that wouldprovide support or assistance to enablethem to make decisions for themselvesand expand their capacities to do so;and support the relevant ministries andagencies in consulting PWDs on accessto justice matters;

ensuring that the intersection of the

rights of PWDs with the gender equalityagenda and minority rights (i.e., multi-ple/aggravated discrimination) is properlyaddressed.

As the barriers and challenges that PWDsface are multi-faceted, interventions promot-ing the human rights of PWDs should be di-versified and involve multiple partners. Somesectoral interventions promoting rights of

PWDs are outlined below:

Education. Develop new protocols andprocedures and train commissions to

spend more time objectively assessingchildrens strengths and needs and drawon a wide range of information in makingplacement decisions for students with

special needs. Develop and implementindividual education plans to enhancestudents goals, strengths and needs, sup-port provided and indicators of success.Teachers should be trained on how toeducate children with disabilities andparents have to be included as respectedand equal partners.

Health. Ensure timely and equitable pro-vision of such basic devices such as

glasses, hearing aids, and crutches. Educatehealth care providers about the disabili-ty-specific health-service needs of PWDs,their rights and the consequences of notgetting the services to which they areentitled. Improve the availability, accessand quality of medical rehabilitation in-cluding assistive devices (e.g., prosthetics,orthotics, wheelchairs and walking aids).To make sure that the process of deinsti-tutionalization promotes the human rightsof PWDs, it is necessary to clarify the ac-countability of national and local admin-istrations for services and support providedto former inpatients. Standards shouldbe developed and enforced and qualitycontrols introduced.

Employment. Ensure that the existinganti-discrimination laws and specificlabour codes are enforced and employersknow their obligations and penalties

for failing to comply with the disabilitylegislation. Employers should not be re-quired to hire any person with a disability,they should be asked to hire peoplewho are qualified and accommodatethe limitation caused by disability onan individual, case-by-case basis. Ac-commodation could include physicalmodifications, such as the constructionof ramps, provision of devices such as

visual and hearing aids, as well as jobrestructuring to suit the abilities of theworker with disabilities. Implement awide range of potential interventions


10


12/64

supporting employment of PWDs, suchas job coaching and mentoring, pre-employment training and upgrading,post-secondary education, aids and de-

vices, wage subsidies for PWDs, tax in-centives for employers, sheltered em-ployment, reservation of a specific num-ber of positions in public service forPWDs, and workplace support. Imple-ment individualized support that meetsthe strengths and needs of PWDs aswell as local economic conditions.

Social protection. Expand the range ofprogrammes, services and benefits pro-

vided by the national and local govern-ments to PWDs and re-design them from

the human rights and equity perspectives.Keep salaries of social workers attractiveand provide them with access to work-place training and educational opportu-

nities. Promote a personal assistance serv-ices model to support the rights of PWDsfor independent living and mobility. Giventhe importance of carers, their needshave to be addressed through opportu-nities for respite, social interactions withother carers and supplementary socialtransfers. The capacities of disabled per-sons organizations (DPOs) can be strength-ened so that they will be able to deliver

programmes and services for PWDs fund-ed by the government.


11


13/64

More than 1 billion people in the worldlive with some form of disability and thisnumber will increase in the years to come. Asignificant proportion of PWDs live in theEurope and the Commonwealth of Inde-pendent States (ECIS) region and the numbersof PWDs are on the rise. In Tajikistan, for ex-ample, according to the data from the Ministryof Labour and Social Protection, the totalnumber of PWDs was over 150,000 by theend of 2010, which is 12,000 higher than in2005. Furthermore, the number of childrenwith disabilities under the age of 16 grewfrom under 14,000 in 2005 to over 20,000 in2010.1

Many ECIS governments have expressedtheir commitment to advancing the humanrights of PWDs, ratified the CRPD and areimplementing it. As a part of its continuous

efforts to strengthen the capacity of keypartners and promote the human rights ofPWDs across ECIS, the United Nations De-velopment Programme Bratislava RegionalCentre (UNDP BRC) is publishing this guide.The region-specific guide provides analysisof the key areas where PWDs are experiencing

barriers and highlights the policy and pro-grammatic approaches that have been ef-fective for promoting their human rights. Itreflects the current research and internationalexperiences and contains examples and rec-ommendations for national stakeholders andinternational partners to support them inthe effective ratification and implementationof the CRPD.

UNDP BRC actively engaged UNDP Coun-try Offices (COs), internationally recognizeddisability experts and practitioners into con-sultations and development of this guide. Itcontains a wide range of examples of suc-cessful strategies utilized by practitioners inthe ECIS countries to promote ratificationand implementation of the CRPD. UNDP mayfurther revise the guide as new understandingand experiences are acquired and successful

practices in promoting the rights of PWDsare identified.

This guide is not meant to be a definitivesource of information but should be seen asgiving suggestions on practices and tools. Itis intended to be used in conjunction withother existing resources.2

INTRODUCTION

12

1

1 World Bank, http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/ECAEXT/TAJIKISTANEXTN/0,,contentMDK:22945350~pagePK:1497618~piPK:217854~theSitePK:258744,00.html?cid=3001_4.

2 The World Health Organization and the World Bank produced an extensive study that contains extensive analysis ofdisability and provides the evidence of innovative policies and programmes that can improve the lives of people withdisabilities. WHO and World Bank, World Report on Disability, 2011.


14/64

The term disability summarizes a greatnumber of different functional limitationsoccurring in any population in any countryin the world. People may be disabled byphysical, intellectual or sensory impairment,medical conditions or mental illness. Suchimpairments, conditions or illnesses may bepermanent or transitory in nature. They mayhave a disability from birth or have acquiredit in childhood, their teenage years, or laterin life, during further education or while inemployment. Their disability may have littleimpact on their ability to work or it mayhave a major impact, requiring significantsupport.

Under the socialist system, the medicalmodel of disability was prevalent in theregion. The medical model construes disabilityas an observable physical, mental, psycho-

logical or sensory deviation from normalitycaused by disease or another health condition.It believes that limitations arising from disabilitycan potentially be prevented or managedby medical treatment of that individual. Soneither the society nor the environment hasto be changed to address the rights of PWDs.

The medical model and charity ideologyshaped the ECIS countries legislation, policiesand programmes. Defectology, for example,

was a widespread system of diagnosing andtreating children with disabilities in the region.In the overwhelming majority of cases, chil-dren with special needs were receiving edu-

cation and health care in segregated settingsand were excluded from mainstream edu-cation. Parents were advised to place theirchildren with significant disabilities in state-

run institutions, where they spent their entirelives. Children with less extensive disabilitiesstayed at home with their families. After re-ceiving education in segregated specializedschools, many of those who were blind, deaf,

or had less serious disabilities were employedin state-funded sheltered enterprises, or inhome-based work.

Under the socialist system, PWDs weresubject to discrimination and social isolation,as well as multiple institutional, attitudinaland structural barriers. The stereotyping ofand prejudice against PWDs were widespreadso that their families experienced socialstigma. Government policies were based on

the medical model, were paternalistic anddid not address societal and other barriersthat PWDs faced and hence did not advancetheir human rights.

13

PERSONS WITH DISABILITIES IN ECIS:SOCIALIST LEGACY2

Persons with disabilities have

diverse strengths and needs;

they are not a homogenous

group


15/64

Over the past three decades there hasbeen a dramatic shift from medical andcharity disability models to a model basedon human rights and equal opportunities.PWDs are no longer seen as a special grouprequiring special medical and social servicesin segregated settings. Instead of adjustingthe needs of the individuals with disabilitiesto prevailing social standards, societies areadjusting their social norms to meet theneeds of PWDs.

In the social model, disability is seen asthe result of complex interactions betweena health problem or a functional limitationand the social, political, cultural, economic,and physical environment. These, in combi-nation with personal factors such as age,gender, and level of education, can result ina disadvantage that is, a disability. Under

this approach, the disability focus is no longerhow to provide for those deemed unableto integrate into mainstream society, butrather how to make society accessible to all,on an equal and non-separate basis. In manycountries PWDs have equal rights to educa-tion, public transportation, social services,access to public places and employment

much in the same way as they are availableto non-disabled individuals.

In the USA, for example, the legislationequalizing opportunities between those withdisabilities and the non-disabled and banningpublic and private sector discrimination wasintroduced by many states. The federal Amer-icans with Disabilities Act was adopted in1990.3 It puts the onus on society to providefor PWDs rather than obliging them to adaptto various barriers. The European Union (EU)policy on disability is also built on an explicitcommitment to the social model of disabilityand disability is seen as a rights-based is-sue.4

In the 1990s when the USA, Canada andmany European states were developing andadopting human rights-based disability lawsand policies, the ECIS countries were transi-

tioning from a predominately centrally-man-aged, state-owned command-type economicsystem and a single-party communist politicalsystem. In the process of transition, the mech-anisms of the command economy have beeneffectively dismantled and the market insti-tutions have been established in the majorityof the countries. New constitutions and aseries of laws establishing formal foundationsof democracy were adopted. Formal demo-

cratic and human rights institutions promotingrespect for rights such as freedom of speech,association, and forbidding any forms of dis-crimination based on gender, race, disabilityor religion were established. Some publicadministration reforms, including optimizationof government structures were implemented.Civil society emerged and quickly expanded.Independent media developed and started

ADOPTING A HUMAN RIGHTS-BASEDAPPROACH TO DISABILITY IN THE ECIS:CHALLENGES AND OPPORTUNITIESOF THE TRANSITION PERIOD

14

3

Instead of adjusting the needs

of persons with disabilities to

prevailing social standards,

societies should adjust their

social norms to meet the

needs of PWDs

3 USA Department of Justice,Americans With Disabilities Act of 1990, As Amended, http://www.ada.gov/pubs/ada.htm4 European Commission, Employment, Social Affairs and Inclusion, http://ec.europa.eu/social/home.jsp?langId=en


16/64

to play an important role as checks and bal-ances on the exercise of powers granted topolitical leaders and public office holders.

The transition period brought new chal-

lenges and opportunities to promote therights of PWDs. Although the rights of PWDswere formally recognized and expanded inconstitutions and specific legislation,5 thetransition period contributed to the increasein the numbers of PWDs and created barriersto the realization of their human rights in allECIS countries. The social cost of transitionthroughout the ECIS was much higher thanwas initially expected. Unemployment, which

was practically non-existent under the socialistregime, had reached almost double-digitlevels in many countries by the end of the1990s. The number of people living in povertyincreased dramatically while income inequalitysignificantly increased. Unemployment andhigh poverty rates affected health indicatorsand resulted in increases in mortality andmorbidity in some CIS states at an unprece-dented level in peacetime that resulted inhigher rates of PWDs. In Russia, for instance,the number of persons counted as having adisability more than doubled between 1990and 2003. A number of factors contributedto these outcomes that include changes inthe reporting of pensions to include PWDspreviously classified as old-age pensioners,employers preferring to avoid paying sever-ance pay to fired workers by placing themon disability rolls, and the sharp deteriorationin health indicators (particularly for adult

men) and disruptions in the health system.6Armed conflicts in the Balkans and some CIScountries not only increased the numbersof PWDs but also eroded human and insti-tutional capital, weakened public adminis-tration, and led to economic stagnation that

created additional barriers for PWDs.The transition process created significant

gaps in policies and programmes supportingPWDs. The essential services necessary to

meet the human rights of PWDs have eitherdeteriorated or were never provided. As aresult, many PWDs, children and adults, wereoverlooked by public authorities and werenot provided with the services and supportto which they were entitled. In the areas ofemployment of PWDs, for example, the in-troduction of the market economy resultedin the withdrawal of government employmentsubsidies for PWDs, which made the enter-

prises to lay off workers with disabilities. Re-duced budget revenues negatively affectedsocial services provided to PWDs as well. Inmany instances, the authorities discontinuedor reduced funding of clubs and social ac-tivities for PWDs. In the area of education,despite the rights of children with specialneeds to live in their families with theirparents, doctors and other officials often puta pressure on parents to relinquish guardian-ship of their children. Instead of providingthe necessary resources and support thatwould meet the human rights of these chil-dren, they were placed in institutions thatdid not allow them to fully realize their rightsfor inclusive education and employment.

As a result, in the ECIS countries, by alldefinitions of poverty PWDs are overrepre-sented among the poor and face multiplebarriers in exercising their human rights.Social exclusion, low educational attainment,

unemployment, low self-esteem and limitedopportunities to participate in political andsocial life are frequent parts of their daily ex-perience. The extent and nature of exclusionof PWDs clearly differs from one sub-regionto another, as well as within countries.7


15

5 Many ECIS countries have adopted disability legislation. In Moldova, for example, The Law on Social Protection of theDisabled, entered in force on 22 June 2000. In Romania, the Law on the Protection and Fostering of Disabled PeoplesRights, came into force in 2006. The law stipulates the rights for persons with disabilities in a wide range of areas such ashousing, health care, education, employment and social benefits.

6 Jeanine Braithwaite and Daniel Mont, Disability and Poverty: A Survey of World Bank Poverty Assessments and Implications,Social Protection and Labor Discussion Paper No. 0805, 2008.

7 UNDP BRC, Regional Human Development Report Beyond Transition: Towards Inclusive Societies, 2011.


17/64

International human rights law determinesthat every person, including PWDs, has rights,such as the right of equality before the law,the right to non-discrimination, the right toequal opportunity, the right to independentliving, the right to full integration, and theright to security. Human rights are universaland are inalienable they can neither betaken away, nor given up.8They are also in-divisible there is no hierarchy among rights,and no right can be suppressed in order topromote another right. PWDs are entitled toexercise their civil, political, social, economicand cultural rights on an equal basis withothers.9

The UN General Assembly adopted theCPRD on 13 December 2006. The conventionis a comprehensive document that contains50 articles. It is grounded in the premise

that public authorities should go furtherthan to just help PWDs to adjust to existingconditions: they should seek to adapt theconditions in order to accommodate every-one, including those with special needs. TheCRPD includes a preamble, four initial articleson purpose, definitions, general principles,and general obligations; 26 substantive rightsprovisions addressing, from a disability per-spective, the full range of civil, cultural, eco-

nomic, political, and social rights; 10 articleson national and international monitoringand supervision; and 10 final provisions. Theconvention covers in depth such issues asthe unique needs of women and childrenwith disabilities, access to law and its pro-tection, liberty of movement and the right

to a nationality, independent living and com-munity integration, opportunities for a mean-ingful education, access to adequate healthcare and the right to equal opportunity inemployment. The convention has a periodicreporting process and biennial conferenceof states parties, and is supplemented by anoptional protocol that establishes an individualcomplaints mechanism and an inquiry pro-cedure.

The convention impels governments torethink the underlying assumptions uponwhich their disability policies and practiceshave historically been based. In implementingthe CRPD, the governments have to changetheir traditional practices of placing PWDsin institutionalized living arrangements, seg-regated education and sheltered employmentand giving them qualified income support.

The societies in countries that ratify the con-vention have to identify the societal barriersthat prevent PWDs from full and effectiveparticipation and inclusion in all aspects ofcommunity life, including employment, ed-ucation, housing, health, political participation,access to justice, cultural expression, enter-tainment, and leisure activities and implementa series of measures to gradually reduce andeventually eliminate these barriers.

The process of convention drafting in-volved PWDs and their allies from across theworld and reflected their views and aspirations.This involvement was critical in identifyingspecific barriers which hinder PWDs full par-ticipation in society. As a result, the conventionis precise in its interpretation on how a rights-

UN CONVENTION ON THE RIGHTS OFPERSONS WITH DISABILITIES: OVERVIEWAND IMPORTANCE FOR THE REGION

16

4

8 UNDP, Human Development Report 2000: Human Rights and Human Development, 2000.9 These rights include such diverse areas as access to food, shelter, health care and education; reproductive rights; rights

of political participation such as the ability to organise, to be represented, and to have legal and voting rights. See, forinstance, Rebecca Isaac, B. William Dharma Raja and M.P. Ravanan, Integrating People with Disabilities: Their Right OurResponsibility, Disability & SocietyVol. 25, No. 5, August 2010, 627630.


18/64


17

Table 1: ECIS countries: Convention and Optional Protocol signatures and ratifications

CountryConvention

Signature DateProtocol

Signature DateConvention

Ratification DateProtocol

Ratification Date

Albania 22-12-2009

Armenia 30-3-2007 30-3-2007 22-9-2010

Azerbaijan 9-1-2008 9-1-2008 28-1-2009 28-1-2009

Bosniaand Herzegovina

29-7-2009 29-7-2009 12-3-2010 12-3-2010

Bulgaria 27-9-2007 18-12-2008

Croatia 30-3-2007 30-3-2007 15-8-2007 15-8-2007

Cyprus 30-3-2007 30-3-2007 27-6-2011 27-6-2011

Czech Republic 30-3-2007 30-3-2007 28-9-2009

Estonia 25-9-2007

Georgia 10-7-2009 10-7-2009

Hungary 30-3-2007 30-3-2007 20-7-2007 20-7-2007

Kazakhstan 11-12-2008 11-12-2008

Kyrgyzstan 21-9-2011

Latvia 18-7-2008 22-1-2010 1-3-2010 31-8-2010

Lithuania 30-3-2007 30-3-2007 18-8-2010 18-8-2010

Macedonia(FYROM)

30-3-2007 29-7-2009

Malta 30-3-2007 30-3-2007

Montenegro 27-9-2007 27-9-2007 2-11-2009 2-11-2009

Poland 30-3-2007

Republicof Moldova

30-3-2007 21-9-2010

Romania 26-9-2007 25-9-2008 31-1-2011

RussianFederation

24-9-2008

Serbia 17-12-2007 17-12-2007 31-7-2009 31-7-2009

Slovakia 26-9-2007 26-9-2007 26-5-2010 26-5-2010

Slovenia 30-3-2007 30-3-2007 24-4-2008 24-4-2008

Turkey 30-3-2007 28-9-2009 28-9-2009

Turkmenistan 4-9-2008 10-11-2010

Ukraine 24-9-2008 24-9-2008 4-2-2010 4-2-2010

Uzbekistan 27-2-2009

Source: United Nations, Convention and Optional Protocol Signatures and Ratifications, http://www.un.org/disabilities/coun-

tries.asp?id=166, last accessed on December 17, 2011


19/64

based approach to disability should be op-erationalized.

Many countries of the ECIS have signedthe CRPD and some of them have ratified it.

Table 1 provides detailed information on thestatus of ratification of the convention acrossthe ECIS.

The convention, as one of internationalhuman rights laws, pursues the goal of safe-guarding the integrity and dignity of thePWDs by establishing legal obligations onstates to protect the rights of all PWDs undertheir jurisdiction. More specifically, states ob-ligations include respect of human rights

that means simply not interfering with theirenjoyment; protection of human rights thatmeans taking steps to ensure that thirdparties do not interfere with their enjoyment;and fulfilment of human rights that meanstaking steps progressively to realize the rightin question.

The CRPD is legally binding and by ratifyingit states must, among other things, modifyor abolish existing discriminatory laws, cus-

toms and practices; take all appropriate meas-ures to eliminate discrimination on the basisof disability by any person, organization orprivate enterprise; adopt legislative, admin-istrative, policy, programmatic and othermeasures to implement the rights of PWDs;provide accessible information to persons

with disabilities on relevant technology andother assistance, services and facilities; andpromote the training of professionals andstaff working with PWDs.10

Although the ratification of the conventionis not a panacea and it should not be expectedthat barriers to the realization of humanrights of PWDs will be eliminated overnight,the ratification of the convention by all theECIS countries will bring a number of positiveoutcomes to advancing the human rights ofPWDs. Some of key benefits of ratification ofthe CRPD include the following:

Reform processes will be inspired andsocieties will have a universal languageand conceptual human rights frameworkto promote the human rights of PWDs.

States will be obliged to ensure that theirlegislation, policies and programmes ad-vance the realization of human rights ofPWDs, as declared in the convention.Any new policy and programme devel-oped should be based on the humanrights standards and principles of theconvention. Procedural safeguards secur-ing the protection of basic rights andprevention of future abuse of PWDs willbe obliged to be promulgated and en-forced.

Accessibility will be mainstreamed intoall policies and programmes.

The capacities of duty-bearers to meettheir human rights obligations and thecapacities of rights-holders to claim their

rights will have to be strengthened. States will be obliged to adopt strategies

for empowerment of PWDs that will in-crease their capacities to enjoy their rights.

The Governments will be obliged to im-plement new requirements promotingthe rights of PWDs and improve PWDsaccess to education, employment, infor-mation and social and health care systems.


18

Ratification of the CRPD by all

ECIS countries will streamline

the human rights model into

disabilities policies and

programmes and make

governments accountable for

the elimination of barriers that

PWDs face.

10 Article 4 of the CRPD sets up the general obligations of States Parties to ensure and promote the full realization of allhuman rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on thebasis of disability.


20/64

Governments, private businesses andall other partners will be obliged to ad-dress the issues of accessibility and rea-sonable accommodation for PWDs in

all areas of life. Individualized support measures with re-

gard to PWDs will have to be introducedand/or expanded.

Governments will be required to conductactive consultation with PWDs in framinglaws and policies that affect them andinvolve PWDs in monitoring of their im-plementation.

It will facilitate international cooperation

in promoting the rights of PWDs, knowl-edge, mobilization and sharing of effectivepractices and approaches.

General public awareness about the hu-man rights of PWDs will be increased.

The opportunities for building capacitiesof NGOs of PWDs will be increased.

The ratification of the CRPD puts a clearonus on the governments to report on theirprogress or lack of progress in advancingthe rights of PWDs. Although the convention

does not include specific features ensuringstrict domestic compliance, governmentsare required to demonstrate good faith effortsto progressively achieve their obligations. Asthe convention establishes transparent mech-anisms for effective monitoring, the progressand achievements of ECIS countries couldbe assessed, and effective strategies identifiedand widely disseminated.

Ratification and full implementation of the

convention will take time, resources, and con-tinuous government commitment. Country-specific action plans towards ratification andimplementation of the CRPD should be devel-oped through extensive consultations of thegovernments, employers, educators, social serv-ice providers, medical professionals, PWDs andall other relevant stakeholders (see Chart 1).


19Chart 1: International Convention on the Rights of Persons with Disabilities: afterratification

CRPD is ratifiedLegislation is

aligned with CRPD

requirements

Policies and

programs are developed

and implemented

Monitoring and

public reporting


21/64

Different ECIS countries face differentchallenges and have distinct capacities toaddress the human rights of PWDs and meetsocietys obligations to provide an enablingenvironment by removing the physical andsocial barriers to participation in the everydaylife of PWDs. In many ECIS countries policymakers favor an evolutionary and incrementalapproach to promoting the rights of PWDs,rather than a dramatic change of the modusoperandi through ratification of the CRPD.In order to help decision makers and societyat large to recognize the importance of rati-fication of the CRPD and its subsequent im-plementation, the transformation processshould utilize all existing instruments, suchas international directives and support aswell as national experiences and resources(see Chart 2). Suggestions provided below

should be viewed as guidance only and theyshould be adjusted to address each countrysspecific circumstances in supporting ratifi-cation of the CRPD.11

5.1. Use the Universal Periodic

Review to emphasize the

importance of ratification of

CRPD to the advancement of

human rights of PWDs

The Universal Periodic Review (UPR) is aunique process which involves a review ofthe human rights records of all 192 UNMember States once every four years.12The

UPR is a State-driven process, under theauspices of the Human Rights Council, whichprovides the opportunity for each State todeclare what actions they have taken to im-prove the human rights situations in theircountries and to fulfil their human rightsobligations. As one of the main features ofthe council, the UPR is designed to ensureequal treatment for every country whentheir human rights situations are assessed.The ultimate aim of this mechanism is toimprove the human rights situation in allcountries and address human rights violationswherever they occur.

The UPR is based on objective and reliableinformation of the fulfilment by each Stateof its human rights obligations and com-mitments in a manner which ensures uni-versality of coverage and equal treatment

with respect to all States. The UPR ensuresthat all countries are accountable for progressor failure in implementing its recommen-dations. When the time for the second reviewof a State comes they must provide infor-mation on what they have been doing toimplement the recommendations madeduring the first review four years earlier. Theinternational community will assist in im-plementing the recommendations and con-

clusions regarding capacity-building andtechnical assistance, in consultation withthe country concerned. If necessary, thecouncil will address cases where States arenot cooperating.

NGOs can submit information which canbe added to the other stakeholders report

MEASURES SUPPORTINGRATIFICATION OF THE CONVENTION

20

5

11 More information can be obtained from UNDP, Questions and Answers: Basic Ratification Guidelines for the CRPD.12 United Nations Human Rights, Office of the High Commissioner for Human Rights, Universal Periodic Review,

http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx; and UNDP BRC, Universal Periodic Review: A national-ly-owned human rights agenda, http://europeandcis.undp.org/governance/hrj/show/82FEB281-F203-1EE9-B32783BA7CCF63B1


22/64

which is considered during the review. Theinformation they provide can be referred toby any of the States taking part in the inter-active discussion during the review at theworking group meeting. NGOs can attend

the UPR Working Group sessions and canmake statements at the regular session ofthe Human Rights Council when the out-comes of the State reviews are considered.

In the ECIS, all countries have alreadyundergone the UPR of their human rightspractices and it has proved to be an effectivetool to change the views and attitudes ofdecision makers towards the rights of PWDs.As ratification and implementation of CRPDis recommended to many countries in theregion and many governments have agreedto do so, it is essential to provide extensivesupport to national partners in the imple-mentation of this recommendation. Mon-tenegro, for example, ratified the CRPD andthe optional protocol thereto in 2009, in re-sponse to the UPR recommendations.

Support should be provided to NHRI,governments and NGOs in developing plans

of action and building their capacity to ratifythe CRPD as a part of the UPR. NGOs, in par-ticular, can be supported in developing theirwritten submissions to the UPR process ad-vocating the necessity of ratification of the

CRPD. In Tajikistan, UN Women strengthenedthe capacities of civil society to advocatethe ratification of the convention as well asto promote the accessibility of services andinfrastructure, health and education facilitiesand institutions for both children and adultswith disabilities. The NGO Bureau for HumanRights was supported in conducting a mon-itoring study that was included into the UPRreport prepared by public associations inTajikistan.

5.2. Revise the existing legislation

to align it with CRPD

requirements13

The national legislation should be revisedto harmonize it with the provisions of the


21

Chart 2. ECIS-specific strategies promoting ratification of the CRPD

13 It is advisable for partners involved in revising the existing legislation to be guided by Article 4 of CRPD that sets outgeneral obligations of State Parties.

Align legislation

with CRPD

Use URP

process

Involve and empower

PWDs and DPOs

Address attitudinal

barriers

Develop

Action Plan

Ratification

of CRPD


23/64

CRPD. There may be declarations on rightsof PWDs in general law (e.g., the constitutionmay prohibit discrimination on the groundof disability), laws that mentions PWDs, or

special laws developed for PWDs. The analysisof the legislation will demonstrate the degreeof protection or promotion of rights of PWDsand the extent of laws alignment with keyprovisions of the convention. The review willreveal also the degree of mainstreaming ofinclusion and access in legislation and identifythe legal provisions ensuring equal rights ofPWDs.

Once the laws are reviewed and analyzed,

they should be revised and aligned with theCRPDs human rights model, approaches andlanguage. Such key terms as discriminationand accommodation should be clearly definedto ensure proper implementation.14The dis-ability legislation should also clearly outlinethe enforcement mechanism, including anysanctions or penalties for non-compliance.In Serbia, for example, UNDP supported theharmonization of Serbias legislation withprovisions of the CRPD through expert analysisthat resulted in proposals for amendmentsof legislation and adoption of new relevantlaws, including the draft law on the officialuse of Serbian sign language and the draftlaw on professional rehabilitation and em-ployment of persons with disabilities.

In Belarus, the UNDP project, after exam-ining the current legal framework on disability,initiated amendments to the relevant legis-lation and provided specific recommenda-

tions. These recommendations were usedby the Ministry of Labour and Social Protectionin drafting the Law on Accession of the Re-public of Belarus to the CRPD, which wassubmitted to the Parliament in 2011. To sup-

port countrys ratification of the CRPD, asystem monitoring the situation of PWDshas been developed and tested.

In Albania, UNDPs project conducted a

study that examined compliance of the ex-isting legal and policy framework with theCRPD. Once gaps were identified and rec-ommendations developed, work on a newact on inclusion of and accessibility forpersons with disabilities began. The new lawaims to cover those issues that are specificto PWDs, while most rights will be integratedin the mainstream legislation. An action planfor the implementation of the CRPD will be

developed that will include the budget im-plications of ratification.15

Some areas such as the human rights ofmentally ill people should be covered in leg-islation through the lens of the CRPD. InAzerbaijan, for instance, like in many ECIScountries, there is no mental health policyand strategic plan. Mental health servicesare not fully covered by social insurance. Al-though there is a human rights review bodyin the country, this authority does not considerissues related to the human rights protectionof mentally ill people on a regular basis.16

5.3. Develop an action plan,

including specific steps that

have to be undertaken to

ratify the convention

The government moving towards ratifi-cation of CRPD should be well aware of leg-islative, policy and budgetary implicationsof ratifying CRPD and should have sufficientcapacity to implement it. Such areas as con-


22

14 In Turkey, for instance, Article 14 of the Disability Law (zurluler Hakknda Kanun) prohibits discrimination and alsoenvisions the obligation of reasonable accommodation. However, neither in the law nor in any other legislation,concepts of discrimination and reasonable accommodation are defined. In addition to this, the law does not indicateany sanctions in cases of violations of these obligations. See, Turkey, Submission to the United Nations Committee onEconomic, Social and Cultural Rights, Pre-Session, 25-28 May 2010.

15 See, for instance, Republic of Albania, National Strategy on People with Disabilities.16 World Health Organization and Ministry of Health of the Republic of Azerbaijan, The Mental Health System in the Republic

of Azerbaijan, Baku 2007.


24/64

ducting research, developing policy options,conducting policy assessments as well asestimating costs of new policy initiatives inthe area of disability should be strengthened

in preparation for CRPD ratification.Support can be provided by developing

a comprehensive action plan, which is requiredto ratify the CRPD. Working groups including

representatives from the parliament, the gov-ernment, key ministries responsible for in-clusion of PWDs and DPOs can be supportedin developing such plans. Some governmentsmay be hesitant to ratify the CRPD becausethey anticipate that significant budget allo-cations are needed. To address these concerns,the action plan should include tentativebudget estimates. As illustrated by UNDPCroatia, carrying out an economic modellingof the costs of current and proposed stepsto support PWDs is an important initial stepin ratifying and implementing the convention.In addition to supporting development ofsuch action plans, it is important to supportgovernments in developing reporting re-

quirements and implementation reports.17UNDP Croatia supported the government inintroducing indicators of the CRPD into theNational Strategy for Equalization of Oppor-tunities for Persons with Disabilities 20072015. More specifically, support was providedin analyzing the methods of reporting on

the implementation of the strategy at nationaland local level, including activities, indicatorsof implementation, outcomes and impact;development of the sample matrix for mon-

itoring the implementation of the strategy,along with implementation of monitoringindicators that are consistent, as much aspossible, with those of the CRPD and othersareas.

5.4. Create and enhance

consultation mechanisms for

PWDs involvement in decision

making.18 Strengthen

capacities of DPOs.

PWDs are rights-holders and they shouldbe able to claim and exercise their rightsand have the power and capabilities tochange their own lives, improve their owncommunities and influence their own des-tinies. To make sure that the voices of PWDsare heard and that politicians realize thatthe electorate is supportive of CRPD ratifica-tion, it is necessary to empower PWDs andstrengthen their capabilities to demand anduse their rights through democratic politicalprocesses.

PWDs should not face barriers to effectiveparticipation in civic life and decision-makingprocesses on the basis of equality with others.In the area of voting rights restrictions shouldonly be allowed where no measures can be

taken to accommodate the needs of PWDsto allow them to participate in elections. Po-tential measures to address their needsinclude the provision of clear explanationsthroughout the electoral process; usage ofsimple language and sentences accompaniedby illustrations; allowing PWDs to choose a


23

17 See, for instance, Government of Montenegro, Report on Implementation of the Action Plan for Implementation of theStrategy for Integration of Persons with Disabilities in Montenegro, 2010.

18 The partners should be guided by Article 4 (3) of CRPD that sets requirements for State Parties to closely consult withand actively involve persons with disabilities, including children with disabilities, through their representativeorganizations in all decision-making processes concerning issues relating to persons with disabilities.

Governments capacities as

duty-bearers should be

strengthened in all aspects of

legislation, policies and

programme development and

implementation


25/64

person of their choice to serve as personalassistant throughout the voting procedure,etc.19 Politicians should hear the voices ofPWDs and realize that ratification of the CRPD

reflects PWDs aspirations.Establish effective consultation

processes and practices based on the hu-

man rights model of disability. CRPD em-phasizes the importance of consultativemechanisms involving PWDs. To ratify theCRPD, a high degree of participation of PWDsin this process should be ensured and thisparticipation must be active, free and mean-ingful. PWDs should have multiple venues

to correspond and communicate directlywith policy makers concerning issues of im-portance to them.

Multiple opportunities for PWDs to beheard by decision makers should be expand-ed. Examples include round tables, workinggroups and targeted consultations with po-tential beneficiaries that help to identifyPWDs perspectives and aspirations, improvethe information base and help the decisionmakers gather information on all the potentialconsequences of the current or new policiesand programmes promoting the rights ofPWDs. Consultation, for example, as one ofmany mechanisms of public involvementinto policy making could be utilized to createconsensus, explore ideas, ensure acceptanceof the CRPD ratification action plans, and in-crease transparency in decision making. Con-sultative approaches have been widely utilizedacross the ECIS to solicit PWDs input into

disability draft laws (e.g., Albania, Uzbekistan,Ukraine).

To promote participatory approaches topolicy making, it is necessary to institutionalizemechanisms encouraging active PWD in-volvement and strengthen the capacity ofpublic servants to work with them. Thesemay include involvement of PWDs and DPOs

in all areas of government operations, in-cluding policy design, implementation aswell as monitoring of programmes and servicedelivery at the local level. PWDs involvement

in policy making is critical for buy-in and on-going cooperation and ensuring that all rel-

evant factors and views are considered andis fundamental to successful ratification ofthe CRPD. In Tajikistan, for example, the in-ternational NGO Mission East is implementinga project strengthening the capacity of civilsociety in the Kulyab District to engage moreeffectively in advocacy which will improvethe application of legal frameworks on rightsof PWDs, as well as find ways to improve ed-ucation and work opportunities throughboth advocacy and direct service provision.20

Strengthen capacities of all DPOs.

DPOs, as NGOs that are established, governed,and managed by the PWDs, play a significantrole in promoting the human rights of PWDs.In some countries, DPOs include specializedorganizations and civil society organizations(CSOs) which work for PWDs. There are alsoorganizations that are committed to thecause and which help their members toshare their experiences and information on

available training and employment oppor-tunities as well as organize social activitiesand represent PWDs to local authorities.

As PWDs are a heterogeneous groupwith different needs and strengths, DPOsmay be advocating the narrow interests oftheir members with virtually no impact onpromoting rights for all PWDs and ratification


24

19 European Agency for Fundamental Rights, The right to political participation of persons with mental health problems andpersons with intellectual disabilities, 2010.

20 http://www.miseast.org/en/tajikistan/equipped-change-building-civil-society-disability-advocacy

ALL DPOs should unite their

efforts and advocate the need

for CRPD ratification


26/64

of the CRPD. In the ECIS countries there areusually two groups of DPOs: 1) DPOs ac-cording to the type of impairment (e.g., blind,deaf, psycho-social and sensual) that have

been traditionally supported by governments;and 2) DPOs that emerged in the transitionperiod and are not funded by the state. It isimportant that the capacity-building inter-ventions target both groups of DPOs toensure that the voices of all PWDs are heardin decision-making processes.

Political will is definitely needed to pro-mote the human rights of PWDs and ensureratification and implementation of the CRPD.

The public pressure for reform is low andmany PWDs do not know their rights anddo not claim them.21 DPOs can play an im-portant role in building such political will. AsDPOs are often lacking in strength and skillsto interact with the government, supportshould be provided to build DPOs capacityin effective consultations with the govern-ment. Once equipped with the necessaryknowledge and skills, DPOs advocating onbehalf of PWDs would be able to promotetransparency and accountability in decisionmaking in the area of disability, human rightsand policies, promote their interests at thenational and local levels and strongly advocateratification of the CRPD.22 Training can beprovided on such topics as leadership andworking with decision makers. UNDP Serbia,for example, provided support for the watch-dog and advocacy activities of DPOs. Throughthese interventions, the capacity of DPOs to

represent their interests and raise awarenessabout the living conditions and daily problemsfaced by PWDs was raised. The national um-brella organization, which is a union of 13national DPOs in Serbia, whose leaders rep-resent a half of a million PWDs was also sup-ported.

In many ECIS countries there is a lack ofcohesion among disability organizations,with few opportunities for, or examples of,coalition building among the DPO commu-

nity. Although lack of funding may be acommon reason for limited collaboration ofDPOs, capacity-building interventions mayfocus on coalition building, closer collabora-tions among disability organizations and crit-ical resource sharing to ensure that PWDsact as one front in advocating ratificationand implementation of the CRPD.23

In Ukraine, as a result of extensive advocacycampaigns of the National Assembly of

People with Disabilities of Ukraine and theCoalition for the Rights of People with intel-lectual disabilities, Ukraine ratified the CRPDin 2009. The National Assembly encompasses22 all-Ukrainian and 68 regional civic organ-izations of PWDs. It is a recognized socialpartner of the government in such areas asconducting expert evaluation and monitoringof national legislation, particularly of thepresidents decrees, as well as acts and decreesissued by the government as they pertainto disability matters. The National Assemblyinitiated in 2007 a lobbying campaign tohave Ukraine sign and ratify the CRPD. Nu-merous public hearings, round tables, andpress conferences were conducted to dis-seminate information among all stakeholderson the CRPD and the importance of its ratifi-cation and implementation. Extensive meet-ings with government decision makers andparliamentarians on the CRPD were con-

ducted as well.In the Western Balkans, the European

Disability Forum, with the financial supportof the European Commission (EC), imple-mented a project creating a unified disabilitymovement in the Western Balkans region(Albania, Bosnia and Herzegovina, the Former


25

21 Karolina sterblom, Persons with disabilities in Romania, Context Analysis, 200822 UN Women in Tajikistan supported NGO Bureau of Human Rights and Rule of Law to prepare Implementation of Rights

of People with Disabilities in Sogd Oblast: Report on Monitoring Outcomes, 201123 Daniel Holland, The current status of disability activism and non-governmental organizations in post-communist

Europe: preliminary findings based on reports from the field, Disability & Society, Vol. 23, No. 6, October 2008, 543555


27/64

Yugoslav Republic of Macedonia, Montenegro,Serbia and Kosovo). The project strengthenedthe capacity of disabled peoples organizationsand improved cooperation, through the es-

tablishment of umbrella organizations ofPWDs. In this way, DPOs became moreefficient and more present in policy makingin the Balkans region, and therefore able topromote the rights of PWDs.24 In Tajikistan,French NGO Handicap International in part-nership with four Tajik NGOs is implementinga two-year project empowering representativeorganizations of PWDs. Through the projectthe technical capacities in advocacy, disability

rights and related instruments of DPOs atthe national level, and their branches andself-help groups at local level, have beenstrengthened.25

DPOs could play an important role inmonitoring the implementation of the con-vention as well as other government strategiesand plans promoting the human rights ofPWDs. In Albania, for instance, the AlbanianDisability Rights Foundation, which is a non-governmental organization that advocatesfor the human rights of PWDs, monitors im-plementation of the National Strategy forPeople with Disabilities.26 The foundationprepared and released a number of reportsbased on surveys by government officials atthe central, regional and local level, whoprovided official information on the statusof progress on the measures assigned totheir offices, as well as representatives offour national disability NGOs. The reports

found that the state agencies often fail tomeet the goals of the national strategy andthat awareness and accountability have tobe improved at all levels. Constant monitoringof the national disability strategy by civil

society holds the Albanian government ac-countable and helps in mainstreaming dis-ability rights into the agenda of reforms andpolicies.

5.5. Address attitudinal barriers to

disability and ensure wide

public support for ratification

of the CRPD

In the ECIS, PWDs are often not seen asan asset, that is, as people with talent andcreativity and the ability to contribute to so-ciety. There is also a genuine and widespreadlack of understanding that most PWDs canin fact function effectively at work, school,and with society, if given adequate support.Understanding what citizens think aboutPWDs and about disability legislation andpolicy is vital to the ratification of the CRPDand its successful implementation.


26

24 Western Balkans and the enlargement process (European Commission website) and http://www.edf-feph.org/Page_Gen-erale.asp?DocID=13373

25 The project is funded by the European Union and more detailed information can be obtained at: http://eeas.europa.eu/del-

egations/tajikistan/press_corner/all_news/news/2010/20101210_01_en.htm26 The monitoring and preparation of the reports was enabled through the financial support of the United States Agency

for International Development (USAID) under the programme of Promoting the Human Rights for people withDisability in Albania. More information on activities and publications of the Albanian Disability Rights Foundation canbe found at http://www.adrf.org.al.

Attitudes play a major role indetermining whether people

with disabilities experience

social exclusion. Social

exclusion risks for a person

with disabilities doubles when

a significant portion of the

population (at least one third)

opposes inclusive measures.

UNDP BRC, Regional Human DevelopmentReport Beyond Transition: Towards Inclusive

Societies, 2011


28/64

Public attitudes may themselves be criticalto either advancing or hindering the inclusionof PWDs. What people believe about indi-viduals with disabilities underlies the treat-

ment of those individuals in all aspects oftheir lives. If the public believes that PWDsare incapable of full participation in society,these attitudes shape a paternalistic publicpolicy on disability. To support continuousadvancement of the human rights of PWDs,public awareness-building interventionsshould be comprehensive and strategic toachieve long-term effects and build strongsocietal support of the CRPD. Other potential

interventions include fostering at all levelsof the education system, including in allchildren from an early age, an attitude of re-spect for the rights of PWDs and encouragingall organs of the media to portray PWDs in amanner consistent with the purpose of theCRPD.27

To obtain better data on public percep-tions of disability and to raise public awareness,it is beneficial to conduct nationwide publicopinion surveys focusing on disability issues.These surveys can examine how citizensview the capabilities of PWDs, how muchexperience they have with disability, andhow they perceive PWDs in schools, work-places and the community. They can alsoask about citizens perceptions of barriersand discrimination, while also examining theviews of PWDs (their self-perception, theirand their families prejudices) in order to de-velop adequate programmes for empower-

ment of PWDs and improved self-image. Thesurveys can uncover negative perceptionsand unfounded beliefs, which may be unac-knowledged and often hidden, towards dis-ability. They may also explore public beliefsabout the role of governments, NGOs, families,

individuals, employers and others in removingbarriers to PWDs.

A survey of public attitudes towards PWDswas carried out by UNDP in Belarus and its

findings were integrated in the backgroundstudy on the advantages and risks of Belarussaccession to the convention and in planninginformation and education activities for theyear 2010. It found, in particular, that pater-nalistic attitudes to PWDs dominate in society.Limiting the activity of PWDs is perceived asa humane approach, serving their best in-terests. However, the proportion of respon-dents favouring the integration of PWDs into

professional and community life increaseswith their educational attainment level.In Turkey, the Administration for Disabled

People with the partnership of the humanrights presidency implemented a project en-titled Fighting Against Disability Discriminationin Turkey. The project produced a reportbased on an extensive survey of PWDs thatexamined the pattern of discrimination insuch diverse areas as employment and work-ing life, health care, education, political par-ticipation, access to justice, participation inleisure activities, integration into society,access to information, etc.28

Negative prejudice and stereotypes to-wards disability cannot be overcome solelyby legal regulations and integration policies.29

Specific measures have to be implementedthat target individuals cognitions, emotions,and behaviours towards PWDs.30 It is necessaryto incorporate some components aimed at

changing mindsets of decision makers, publicservants, employers and ordinary people to-wards disability in ALL programmes and proj-ects promoting the human rights of PWDs.As disability is traditionally seen from themedical perspective in the belief that disability


27

27 See CRPD, Article 8, Awareness-raising.

28 Prime Ministry Administration for Disabled People, The Research on Measurement of Disability Discrimination , 2010,http://www.ozida.gov.tr/ayrimciliklamucadele/eng/report_full.pdf

29 Ibid.30 Barbara Krah and Colette Altwasser, Changing Negative Attitudes Towards Persons with Physical Disabilities: An

Experimental Intervention,Journal of Community & Applied Social Psychology, 16: 5969 (2006).


29/64

can potentially be prevented or managedby medical treatment, many people believethat PWDs cannot be educated and employedand hence should rather be beneficiaries ofcharity. Many parents believe that childrenwith disabilities represent some kind of threator concern to their children, if mainstreamedinto the classroom. Employers often believethat PWDs are unable to work and oftendump them into certain jobs instead ofplacing them selectively according to theirabilities and interests. Many PWDs are unawareof services and support for which they areeligible and have low self-esteem which pre-vents them from exploring employment andself-employment opportunities.

Awareness-raising interventions shouldbe based on the data obtained from suchsurveys and customized to different audiencessuch as parents, employers, public servants,

the general public and PWDs. As one of firststeps, the convention and related resourcescan be translated into the language(s) ofthe country. Targeted campaigns can explainto employers, for instance, that PWDs have arange of skills and abilities and can do jobsas well as their non-disabled peers.31 PWDsconfidence in pursuing education and/oremployment opportunities can be boosted

by collating and sharing the informationabout the skills and successful strategies uti-lized by PWDs employed in their chosen ca-reer. It is beneficial to have PWDs lead someof the training courses so that participantscan better understand the importance ofdisability issues. Media information aware-ness-raising campaigns about the rights ofPWDs, including participation in talk shows,regular television and radio programmes, aswell as newspaper articles, including casestudies of PWDs, should be implemented. Itis necessary also to raise public awarenessof disability matters at traditional festivalsand such public events as the InternationalDay of People with Disability. UNDP Serbia,for example, supported the publication of anumber of guidebooks on the rights of PWDs:Guide on Accessibility, Guide for Employment

of Persons with Disabilities, Women with Dis-

abilities in Serbia, and Examining the Policy-Practice Gap: Social Protection Services for

Persons with Disabilities.It may be beneficial to develop a special

publication for parliamentarians on the CRPDto assist them in the process of adjustingthe national legislation to convention re-quirements. The publication may explain inpractical terms the rationale and objectives


28

UNDP Kazakhstan devoted a National Human Development Report

(NHDR) to the rights of persons with disabilities. NHDR preparation

provided an opportunity for the representatives of the governmentand persons with disabilities to discuss common problems together

and elaborate joint recommendations. In general, the NHDR process

created opportunities for more extensive public, civil society and

PWDs involvement in the development of national policies

promoting the human rights of persons with disabilities.

UNDP Kazakhstan, National Human Development Report 2009, From Exclusion to Equality: Realizingthe Rights of Persons with Disabilities in Kazakhstan, 2009.

31 See CRPD, Article 27, Work and employment.


30/64

of the convention, and explore the ways inwhich the parliament can translate the rightsand principles at the core of the conventioninto tangible action.32

UNDP Uzbekistan conducted a trainingcourse for journalists on how to cover the is-sues of disability through social inclusion.

The impact of training courses on journalistsviews on disability was significant and longlasting. An independent content analysis ofthe press indicated that, as a result of the

training, the number of publications basedon an inclusive model towards PWDs tripledin three years.


29

32 Although UN Enable produced the Handbook for Parliamentarians on the Convention on the Rights of Persons withDisabilities (http://www.un.org/disabilities/default.asp?id=212), it may be beneficial to customize it to local circum-stances.


31/64

Following ratification of the CRPD, gov-ernments as duty-bearers have to ensureimplementation of the commitments un-dertaken and mainstream the human rightsof PWDs, linking them to their economic,social, education and access to justice legis-lation and policies. Governments are obligedto establish the mechanisms necessary forensuring compliance with the conventionand designate one or more focal pointswithin government for matters relating toits implementation. It can be a primary, cen-tralized body to monitor compliance locatedat the centre of the government, coupledwith a detailed reporting mechanism.33 Sup-port can be provided in establishing such acentralized body and developing accounta-bility and public reporting mechanisms.

Many countries in the region provide

constitutional rights to the PWDs and haveratified the CRPD, but they are slow in im-plementing their commitments in practice.PWDs often cannot access certain socialservices, enrol into mainstream schools, andobtain employment. Welfare assistance andtransfer systems often remain inefficient, in-sufficient and not well targeted, so that thediverse rights of PWDs remain unfulfilled.PWDs are rarely seen on the streets of the

ECIS countries, which is a clear indicationthat cultural traditions and public attitudesand superstitions

Documents

Promoting The Human Rights of Persons with Disabilities in Europe and Central Asia: Guide