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Advance Unedited Version ADVANCE UNEDITED VERSION Annex to the Protocol Decision of the Sitting of the Government of the Republic of Armenia N 51 of 20 December 2012 Report Implementation of the UN Convention on the Rights of Persons with Disabilities Republic of Armenia 2012 ADVANCE UNEDITED VERSION TABLE OF CONTENT Preamble Part I. General Provisions Article 1. Purpose Article 2. Definitions Article 3. General principles Article 4. General obligations Part II. Special rights Article 5. Equality and non-discrimination Article 8. Awareness-raising Article 9. Accessibility Article 10. Right to life Article 11. Situations of risk and humanitarian emergencies Article 12. Equal recognition before the law Article 13. Access to Justice Article 14. Liberty and security of the person Article 15. Freedom from torture or cruel, inhuman or degrading treatment or punishment Article 16. Freedom from exploitation, violence and abuse Article 17. Protecting the integrity of the person Article 18. Liberty of movement and nationality Article 19. Living independently and being included in the community Article 20. Personal mobility Article 21. Freedom of expression and opinion, and access to information Article 22. Respect for privacy Article 23. Respect for home and the family Article 24. Education Article 25. Health Article 26. Medical treatment and rehabilitation Article 27. Work and employment Article 28. Standards of decent life and social protection Article 29. Participation in political and social life Article 30. Participation in cultural life, sports events and other leisure activities Part III. Women and Children with Disabilities Article 6. Women with disabilities Article 7. Children with disabilities Part IV. Special responsibilities Article 31. Statistics and data collection Article 32. International cooperation Article 33. Implementation and monitoring at national level Preamble 1. In line with point 1 of Article 35 of the UN Convention on the Rights of Persons with Disabilities”, the Republic of Armenia is submitting to the Committee on the Rights of Persons with Disabilities (hereinafter referred to as “the Committee”) this comprehensive preliminary report on the measures for the fulfilment of the obligations thereof stemming from the Convention, as well as on the progress achieved within two years following the entry into force of this Convention. ADVANCE UNEDITED VERSION 2. This Report was prepared in accordance with the guidelines and recommendations defined by the Committee. 3. In 2010 the Republic of Armenia ratified the Convention on the Rights of Persons with Disabilities”, which entered into force on 22 October 2010. Along with other international treaties, in accordance with Article 6 of the Constitution of the Republic of Armenia, this Convention also forms a constituent part of the legal system of the Republic of Armenia after the ratification or approval thereof. In accordance with the same Article of the Constitution, where the ratified international treaties provide for norms other than those prescribed by laws, the norms of international treaties apply. 4. The Republic of Armenia has not yet ratified the Optional Protocol, however, the ratification thereof remains in the agenda of the state policy, and it will be ratified in the upcoming years after essential improvements in the equal opportunities and conditions necessary for the full exercise of rights by the persons with disabilities. 5. This Report was prepared by the interdepartmental working group wherein the representatives of the following bodies have been involved: • Ministry of Labour and Social Issues of the Republic of Armenia (hereinafter referred to as “the MLSA”) • Ministry of Foreign Affairs of the Republic of Armenia • Ministry of Justice of the Republic of Armenia • Ministry of Healthcare of the Republic of Armenia • Ministry of Education and Science of the Republic of Armenia • Ministry of Culture of the Republic of Armenia • Ministry of Urban Development of the Republic of Armenia • Ministry of Territorial Administration of the Republic of Armenia • Ministry of Sport and Youth Affairs of the Republic of Armenia • Ministry of Emergency Situations of the Republic of Armenia • Police of the Republic of Armenia • National Statistical Service of the Republic of Armenia • National Commission for Persons with Disabilities 6. The preparation works of the Report were coordinated by the MLSA of the Republic of Armenia, which is considered as the department coordinating the implementation of the Convention in the Republic of Armenia. Organisations of persons with disabilities and a number of interested non-governmental organisations have had the opportunity to submit recommendations on the structure and content of the Report. 7. The Report was approved by the Government of the Republic of Armenia on _____ December 2012. 8. The Report presents comprehensive information on the situation of persons with disabilities in the Republic of Armenia as well as the main directions and principles of the state policy of the country, aimed at the protection of the rights of persons with disabilities and at the social inclusion thereof, as well as summarises the measures undertaken and the results achieved. 9. The UN Convention on the Rights of Persons with Disabilities is deemed as a fundamental document for the Government of the Republic of Armenia on the basis whereof the state strategy for the protection of the rights of persons with disabilities, including mid-term and annual programmes, are elaborated. 10. The state policy for the protection of the rights of persons with disabilities is based on the Constitution of the Republic of Armenia, laws of the Republic of Armenia, decisions of the Government of the Republic of Armenia, other legal acts and international agreements and conventions ratified in the National Assembly. 11. On 24 May 1993 the Republic of Armenia was one of the first States among those within CIS, which adopted a law regulating the sphere of social protection of ADVANCE UNEDITED VERSION persons with disabilities. The definition of the concept of “person with disability” was for the first time introduced on a legislative basis in the Law of the Republic of Armenia “On social protection of persons with disabilities in the Republic of Armenia” which was adopted in 1993, in accordance whereof the citizens are considered as persons with disabilities in case they need social assistance or protection for the reason of limitations in vital activities — conditioned by mental or physical incompleteness. 12. The policy implemented in respect of persons with disabilities is well experienced — starting from the care of persons with disabilities in special establishments up to creating necessary conditions for education and rehabilitation of persons with disabilities and ensuring equal opportunities. In the last decade the ideology and approaches for resolving the problem of social protection of persons with disabilities were changed in the Republic of Armenia — the medical model of rehabilitation of persons with disabilities was substituted with a social model which implies a comprehensive, multi-lateral involvement of different social institutions in the resolution of economic, social, psychological issues related to disability. 13. Under the social model of disability, approaches in respect of the concept of “person with disability” change. The grounds and criteria for recognising a person as person with disability change. 14. In the Republic of Armenia the basis of the legislative system for the resolution of issues and regulation of legal relations pertaining to persons with disabilities, comprises the following legal acts: • Constitution of the Republic of Armenia; • Convention on the Rights of Persons with Disabilities” – 2006 (UN); • Law of the Republic of Armenia “On social protection of persons with disabilities in the Republic of Armenia” – 1993; • Law of the Republic of Armenia “On the medical aid and support to the population” – 1996; • Law of the Republic of Armenia “On social assistance”(24 October 2005); • Law of the Republic of Armenia “On education of persons in need of special conditions of education” – 2005; • Labour Code of the Republic of Armenia – 2005; • Law of the Republic of Armenia “On social protection of the population in cases of employment and unemployment” – 2005; • “On State pensions” – 2010; • Law of the Republic of Armenia “On urban development” – 1998; • Protocol Decision of the Government of the Republic of Armenia No 44 of 3 November 2005 “2006-2015 strategy for the social protection of persons with disabilities”; • Decision of the Government of the Republic of Armenia No 396 of 8 ADVANCE UNEDITED VERSION June 1999 “On approving the lists of diseases and social groups of the population having the right to acquire medicine free of charge or under privileged conditions”; • Decision of the Government of the Republic of Armenia No 780-N of 13 June 2003 “On approving the indices used during medical and social expertise and the criteria for determining disability degrees”; • Decision of the Government of the Republic of Armenia No 318-N of 4 March 2004 “On the medical aid and support free of charge guaranteed by the State”; • Decision of the Government of the Republic of Armenia No 1456-N of 23 September 2004 “On approving the procedure for determining the causal link between death and industrial impairments, occupational diseases of a victim, his or her stay in the battlefield, military service and other circumstances”; • Decision of the Government
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