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Convention on the Rights of Persons with Disabilities United Nations CRPD/C/SR.216 Distr.: General Convention on the Rights 1 September 2015 of Persons with Disabilities Original: English Committee on the Rights of Persons with Disabilities Fourteenth session Summary record of the 216th meeting Held at the Palais Wilson, Geneva, on Tuesday, 25 August 2015, at 3 p.m. Chairperson: Ms. Cisternas Reyes Contents Consideration of reports submitted by parties to the Convention under article 35 (continued) Initial report of Brazil This record is subject to correction. Corrections should be submitted in one of the working languages. They should be set forth in a memorandum and also incorporated in a copy of the record. They should be sent within one week of the date of the present document to the English Translation Section, room E.6040, Palais des Nations, Geneva ([email protected]). Any corrections to the records of the public meetings of the Committee at this session will be consolidated in a single corrigendum, to be issued shortly after the end of the session. GE.15-14504 (E) 280815 010915 *1514504* CRPD/C/SR.216 The meeting was called to order at 3.05 p.m. Consideration of reports submitted by parties to the Convention under article 35 (continued) Initial report of Brazil (CRPD/C/BRA/1; CRPD/C/BRA/Q/1 and Add.1) 1. At the invitation of the Chairperson, the delegation of Brazil took places at the Committee table. 2. Ms. Cordeiro Dunlop (Brazil), introducing the delegation, said that its high- level composition was testament to the importance the State party attached to the dialogue with the Committee. The Convention on the Rights of Persons with Disabilities had been ratified through a constitutional amendment, and the utmost priority was now being given to adjusting the legal framework and public policies to comply with the provisions of the Convention. Brazil had adopted the National Plan for the Rights of Persons with Disabilities — Living without Limits, which aimed to strengthen the participation of persons with disabilities in society by promoting their independence and social inclusion and removing barriers. While considerable progress had been made in a short period of time, the State party acknowledged that challenges remained in implementing the Convention. 3. Mr. Vargas (Brazil), introducing the State party’s initial report, said that in the 2010 census, 45.6 million persons, of a total population of some 200 million, had reported having a disability of some sort. The Government adopted inclusive policies, based on the constitutional recognition of the full citizenship of persons with disabilities and underpinned by a broad regulatory framework, by the National Human Rights Programme, and by the National Plan for the Rights of Persons with Disabilities — Living without Limits. Brazil was making significant strides in transitioning from an assistance-based approach towards a human rights-based model of disability. 4. As the Convention had constitutional status, all legislative provisions that were inconsistent with it had become unconstitutional. The recent adoption of the Inclusion of Persons with Disabilities Act, which had been harmonized with the Convention, had marked an important step in enhancing the enjoyment of civil, political, economic and social rights by persons with disabilities. Under the new Act, there was to be a multidisciplinary assessment of disability on the basis of the International Classification of Functioning, Disability and Health rather than the previous purely medical evaluation. Discrimination against persons with disabilities had become a crime. Measures had been taken in the field of employment, such as an inclusion benefit, recruitment quotas for companies and the hiring of apprentices with disabilities. There was a special retirement pension for persons with disabilities. 5. Under the Inclusion Act, a system of supported decision-making had been introduced, in which persons with disabilities chose at least two trusted persons to support them in making life decisions. The rights of persons with disabilities to marry and found a family had been confirmed and discriminatory provisions repealed. In order to enable persons with disabilities to live independently on an equal basis with others, measures had been introduced to improve accessibility; the Inclusion of Persons with Disabilities Act and other legal instruments contained provisions concerning access to the built environment, education, employment, health, transport, rehabilitation and leisure. Technical standards had been published on the accessibil ity of the transportation system and an interministerial committee on technical aids and a national centre for assistive technology had been established. The Ministry of Cities had issued instructions to ensure that the transportation infrastructure and ur ban mobility programme was in line with the decree governing accessibility for persons 2/10 GE.15-14504 CRPD/C/SR.216 with disabilities and reduced mobility. The Ministry of Communications had adopted regulations setting out the accessibility requirements for radio and television broadcasts. The introduction of accessibility resources would be gradual; currently, there were more than 20 hours of broadcasts daily with subtitles. The websites of all government departments and agencies had been made accessible for persons with disabilities. 6. The country’s main housing programme for low-income Brazilians, My Home, My Life, guaranteed beneficiaries with disabilities the right to housing that was adapted to their disability. All housing constructed under the programme had to be based on universal design. A new option available to young people and adults with disabilities was the inclusive residences scheme, whereby each of the residences housed groups of up to ten persons and promoted the development of skills for independent living and social participation. There were also day-care centres for young people and adults with disabilities living with their families. 7. The Government recognized the right to education for everyone and provided an education system based on equal opportunities, with special attention paid to the needs of persons with disabilities, preferably in mainstream schools. Brazil had made considerable progress in moving from a segregated model of special schools towards inclusive education. The National Plan for the Rights of Persons with Disabilities established targets for accessible schools, including the availability of assistive technology, accessible school buses and school buildings, and the promotion of independence in all training cycles. The public health system had universal coverage and served the particular needs of persons with disabilities. The Ministry of Health had set up a network of care for persons with disabilities to ensure coordination among services in order to enhance early detection and promote the health, treatment and rehabilitation of persons with disabilities. There were plans to expand orthopaedic services and build new rehabilitation centres. 8. The improved performance of the Brazilian team in the Paralympic and Parapan American Games was testament to the advances made in increasing access to sport for persons with disabilities. Brazil had jumped from thirty-seventh place at the 1996 Paralympic Games to seventh in 2012. In the area of culture and leisure, there was a programme for accessible libraries and a programme for inclusive tourism, with an accessible tourism website providing information on the level of accessibility of various tourist attractions. Brazil cooperated with and assisted other countries in the area of disability, particularly in Latin America and the Caribbean and the Community of Portuguese-speaking Countries. The Government recognized, however, that much remained to be done to ensure the universalization of rights for persons with disabilities, particularly those in the most vulnerable sectors, such as women, children, Afro-descendants, indigenous peoples and members of the lesbian, gay, bisexual and transgender community. 9. Ms. Degener (Country Rapporteur) thanked the delegation and the Brazilian organizations of persons with disabilities that had provided the Committee with valuable information. She welcomed a number of positive steps taken to implement the Convention, including the National Plan for the Rights of Persons with Disabilities — Living without Limits, the Athlete Grant Programme, the My Home, My Life programme and the Plan Brazil 2022 Centennial Target on disability. It had also undertaken membership of the Washington Group on Disability Statistics. However, she expressed concern that the medical model of disability appeared to persist in Brazil. She questioned whether impairment prevention was a means of implementing the Convention, given that the human rights-based model of disability was premised on the acceptance of persons with disabilities as part of human diversity and humanity. The State party did not appear to have taken sufficient steps to harmonize its national GE.15-14504 3/10 CRPD/C/SR.216 laws with the Convention. While the new Inclusion Act provided for supported decision-making, the procedure to receive that support was questionable and the law on guardianship still provided for interdiction. There was also still inconsistency between the Inclusion Act and the Constitution on the issue of inclusive education. She was concerned about the level of consultation and engagement with organizations of persons with disabilities. Although the Convention required the establishment of an
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