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Human Rights Watch HUMAN RIGHTS WATCH 350 Fifth Avenue, 34th Floor New York, NY 10118-3299 Tel: 212-290-4700 Fax: 212-736-1300 Email: [email protected] April 12, 2012 Kenneth Roth, Executive Director Michele Alexander, Deputy Executive Director, Development & Outreach Carroll Bogert, Deputy Executive Director, External Relations Iain Levine, Deputy Executive Director, Program Members of the United Nations Emma Daly, Communications Director Committee on the Rights of Persons with Disabilities Barbara Guglielmo, Finance & Administration Director Peggy Hicks, Global Advocacy Director Office of the United Nations High Dinah PoKempner, General Counsel Commissioner for Human Rights (OHCHR) James Ross, Legal & Policy Director Joe Saunders, Deputy Program Director 52 rue des Pâquis Program Directors CH-1201 Geneva, Switzerland Brad Adams, Asia Rachel Denber, Europe & Central Asia (Acting) Rona Peligal, Africa (Acting) José Miguel Vivanco, Americas Re: Pre-Sessional Review of China Sarah Leah Whitson, Middle East & North Africa Joseph Amon, Health and Human Rights John Biaggi, Film Festival Dear Committee Members: Peter Bouckaert, Emergencies Richard Dicker, International Justice Bill Frelick, Refugees Arvind Ganesan, Business & Human Rights We write in advance of the upcoming Committee on the Rights of Steve Goose, Arms Liesl Gerntholtz, Women’s Rights Persons with Disabilities (Committee) pre-sessional review of China to Boris Dittrich, Lesbian, Gay, Bisexual & Transgender Rights (Acting) Joanne Mariner, Terrorism & Counterterrorism highlight areas of concern that we hope will inform your consideration of Alison Parker, United States the Chinese government‟s compliance with the Convention on the Rights Lois Whitman, Children’s Rights Advocacy Directors of Persons with Disabilities (CRPD). This submission discusses Juliette de Rivero, Geneva violations of the rights of people with disabilities in China that are Jean-Marie Fardeau, France Lotte Leicht, European Union inconsistent with Articles 1, 3, 8, 9, 11, 12, 13, 14, 16, 17, 18, 19, 21, 23, Tom Malinowski, Washington DC Tom Porteous, United Kingdom 24, 25, 26 and 31 of the CRPD. Board of Directors Jane Olson, Chair This submission is based on the Human Rights Watch Report “My Bruce J. Klatsky, Vice-Chair Children have Been Poisoned”: A Public Health Crisis in Four Chinese Sid Sheinberg, Vice-Chair 1 John J. Studzinski, Vice-Chair Provinces, released on June 15, 2011, and ongoing monitoring of the Karen Ackman Jorge Castañeda human rights situation in China. Geoffrey Cowan Tony Elliott Hassan Elmasry Michael G. Fisch In your upcoming Committee pre-sessional review of China, Human Michael E. Gellert James F. Hoge, Jr. Rights Watch urges you to question the government of China about the Betsy Karel following key issues, which at present seriously undermine the rights of Wendy Keys Robert Kissane persons with disabilities: Joanne Leedom-Ackerman Susan Manilow Kati Marton Barry Meyer 1. Failure to provide access to information and services with respect Pat Mitchell Joel Motley to lead poisoning Joan R. Platt Amy Rao Neil Rimer 2. Derogatory language Victoria Riskin Amy L. Robbins Shelley Rubin Kevin P. Ryan 3. Right to safety during situations of risk and humanitarian Jean-Louis Servan-Schreiber Darian W. Swig emergencies John R. Taylor Catherine Zennström Robert L. Bernstein, Founding Chair, (1979-1997) Jonathan F. Fanton, Chair (1998-2003) Bruce Rabb, Secretary Human Rights Watch, “My Children have Been Poisoned”: A Public Health Crisis in Four Chinese Provinces (June 15, 2011), available at http://www.hrw.org/sites/default/files/reports/china0611WebInside_0_0.pdf (hereinafter Lead Poisoning Report). 1 AMSTERDAM · BEIRUT · BERLIN·BRUSSELS·CHICAGO · GENEVA·JOHANNESBURG- LONDON·LOS ANGELES·MOSCOW· NEW YORK·PARIS · SAN FRANCISCO - TOKYO · TORONTO·WASHINGTON 4. Right to legal capacity 5. Access to Justice 6. Concerns regarding China’s draft Mental Health Disability Law 7. Exploitation of and violence against persons with disabilities and impunity for such abuses 8. Right to respect for physical and mental integrity 9. Right to live and be included in the community 10. Right to respect for the home and the family 11. Right to education 12. Right to health 13. Right to statistics and data collection, particularly with regard to natural disasters 14. China’s fulfillment of its commitments to persons with disabilities under the National Human Rights Action Plan of China (2009-2010) --- 1. Failure to provide access to information and services with respect to lead poisoning (Articles 9, 21, 25, and 26) Article 25 of the CRPD requires that governments take measures to ensure that persons with disabilities are able to enjoy the highest attainable standard of health, including provision of access to health services, such as health services needed because of a person‟s disability, including early identification and intervention. The CRPD also requires governments to protect the right of persons with disabilities to seek, receive and impart information on an equal basis as the general public (Article 21) and to “organize, strengthen and extend” comprehensive habilitation and rehabilitation services in the area of health (Article 26). However, the Chinese government has failed to recognize and implement these obligations with respect to the widespread lead poisoning in China, which can lead to mental and physical disabilities. The report by the Chinese government to the Committee states that “China gives priority to the development of community health services for the special needs of persons with 2 disabilities”.2 The Law on the Protection of Persons with Disabilities requires the government to provide basic medical care to poor persons with disabilities.3 The State Council in China also requires the government to establish community-based healthcare institutions that are non-profit and focus on persons with disabilities.4 The report also states that “[t]he Chinese Government actively promotes information accessibility”,5 and the Law on the Protection of Persons with Disabilities requires the government to provide access to public information to persons with disabilities.6 In June 2011, Human Rights Watch documented lead poisoning in four Chinese provinces, caused by widespread industrial pollution that has contaminated water, soil, and air, and that is endangering the health of millions of people in China, including hundreds of thousands of children who are at risk of mental and physical disabilities as a result.7 The report indicates that the government has developed numerous environmental laws, regulations, and action plans designed to cut emissions and decrease pollution. However, the tension between these policies and the government‟s goal for economic development, which is stated in the first guiding principle of the country‟s Twelfth Five- year Plan for Environmental Protection (2011-2015), has resulted in weak enforcement and hazardous levels of pollution.8 According to our research, parents often did not learn that local factories were polluting at toxic levels until their children became ill. Parents were frequently given false or incomplete information, such as only children living within one kilometer of a factory were at risk of lead poisoning and that milk was adequate treatment of lead poisoning, indicating inadequate access to information.9 In addition, parents repeatedly reported that they were unable to access appropriate health care for their affected children.10 Parents of affected children told Human Rights Watch that government officials threatened them if they sought information about the lead poisoning or treatment for their children.11 Human Rights Watch found that the government refused treatment of children with high lead levels and denied the scope and severity of the epidemic.12 In your upcoming pre-sessional review of China, Human Rights Watch urges the Committee to question the government of China about its steps to ensure that people exposed to lead poisoning or living in areas where they are at risk receive accurate and accessible information on contamination risk and available services. 2 Initial Report Submitted by China to the Committee on the Rights of Persons with Disabilities, at 40, para. 101 (Aug. 30, 2010), available at http://www.ohchr.org/EN/HRBodies/CRPD/Pages/Session7.aspx (hereinafter China Report). 3 Id. at 40, para. 100. 4 Id. at 40, para. 101. 5 Id. at 33, para. 84. 6 Id. at 32, para. 81. 7 Lead Poisoning Report, at 1. 8 Id. at 2. 9 Id. at 2–3. 10 Id. at 3. 11 Id. at 2–3. 12 Id. at 2. 3 We also urge the Committee to ask the government of China about their plans for testing and treatment all children at risk for lead poisoning, as well as their plans for providing education and employment opportunities that are accessible to persons with disabilities. 2. Derogatory language (Articles 1, 3, and 8) Articles 1 and 3 of the CRPD provide that an important aspect of the purpose and principles of the CRPD is to promote respect for the inherent dignity of persons with disabilities. Article 8 of the CRPD further provides that states parties are obligated to adopt measures to raise awareness regarding and to foster respect for the rights and dignity of persons with disabilities throughout society. The government‟s report states that the “[t]he basic principles laid down in articles 1 to 4 of the [CRPD] regarding protection of the rights of persons with disabilities are reflected in China‟s laws, administrative regulations, policy documents and national development plans.”13 However, the Law of the People‟s Republic of China on the Protection of Persons with Disabilities states that “[a] person with disabilities refers to one who has abnormalities or loss of a certain organ or function, psychologically, physiologically, or in anatomical structure, and has lost wholly or in part the ability to perform an activity in the way considered normal.”14This language that describes people with disabilities as having “abnormalities” does not conform to the principles of the CRPD, including the respect for dignity. Individuals with disabilities are “normal” in many ways. The use of the word “abnormalities” is largely recognized as pejorative in the community of persons with disabilities.
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