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United Nations CRPD/C/RUS/1 Convention on the Rights Distr.: General 13 March 2015 of Persons with Disabilities English Original: Russian English, French, Russian and Spanish only Committee on the Rights of Persons with Disabilities Consideration of reports submitted by States parties under article 35 of the Convention Initial reports of States parties due in 2014 Russian Federation* [9 September 2014] * The present document is being issued without formal editing. GE.15-03875 (E) 221216 240117 CRPD/C/RUS/1 Contents Paragraphs Page Introduction ................................................................................................................... 1-9 4 Article 1: Purpose .................................................................................................... 10-12 5 Article 2: Definitions ............................................................................................... 13-18 6 Article 3: General principles ................................................................................... 19-26 7 Article 4: General obligations ................................................................................. 27-48 9 Article 5: Equality and non-discrimination ............................................................. 49-54 14 Article 6: Women with disabilities ......................................................................... 55-66 15 Article 7: Children with disabilities........................................................................ 67-84 16 Article 8: Awareness-raising .................................................................................. 85-94 18 Article 9: Accessibility ........................................................................................... 95-112 20 Article 10: Right to life ........................................................................................... 113-116 23 Article 11: Situations of risk and humanitarian emergencies .................................. 117-120 24 Article 12: Equal recognition before the law .......................................................... 121-132 24 Article 13: Access to justice .................................................................................... 133-149 26 Article 14: Liberty and security of person ............................................................... 150-156 28 Article 15: Freedom from torture or cruel, inhuman or degrading .......................... 157-161 28 treatment or punishment Article 16: Freedom from exploitation, violence and abuse .................................... 162-166 29 Article 17: Protecting the integrity of the person .................................................... 167-170 30 Article 18: Liberty of movement and nationality .................................................... 171-175 30 Article 19: Living independently and being included in the community ................ 176-188 31 Article 20: Personal mobility .................................................................................. 189-215 32 Article 21: Freedom of expression and opinion, and access to information ............ 216-233 36 Article 22: Respect for privacy ............................................................................... 234-244 39 Article 23: Respect for home and the family ........................................................... 245-262 40 Article 24: Education .............................................................................................. 263-284 42 Article 25: Health .................................................................................................... 285-311 45 Article 26: Habilitation and rehabilitation ............................................................... 312-327 49 Article 27: Work and employment .......................................................................... 328-369 52 Article 28: Adequate standard of living and social protection ................................ 370-383 59 Article 29: Participation in political and public life ................................................ 384-391 61 Article 30: Participation in cultural life, recreation, leisure and sport ..................... 392-430 62 Article 31: Statistics and data collection ................................................................. 431-437 66 2 GE.15-03875 CRPD/C/RUS/1 Article 32: International cooperation....................................................................... 438-453 67 Article 33: National implementation and monitoring .............................................. 454-466 70 Annexes GE.15-03875 3 CRPD/C/RUS/1 Introduction 1. In 2008, the Russian Federation signed the Convention on the Rights of Persons with Disabilities, which was then ratified pursuant to Federal Act No. 36-FZ of 3 May 2012 and entered into force for the Russian Federation on 25 October 2012. The decision to become a party to the Convention is fully in keeping with article 7 of the Constitution of the Russian Federation, which provides for State support to persons with disabilities (as well as other categories of person), the development of a system of social services and the establishment of State pensions, benefits and other social security guarantees. Given the Convention’s status as an international treaty, its provisions are binding, including in cases where they do not coincide with national legislation (Constitution, art. 15 (4)). 2. The Federal Act on Social Protection for Persons with Disabilities (hereinafter the “Social Protection for Persons with Disabilities Act”), adopted in 1995, drew on the country’s previous positive experience of social protection and on the provisions of a number of international instruments (the Declaration on the Rights of Disabled Persons, adopted by the General Assembly in its resolution 3447 of 9 December 1975, the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, adopted by the General Assembly in its resolution 48/96 of 20 December 1993, and others) and paved the way for the transition from an occupational health model of disability to a medical and social model of this evolving concept. As a result of the alignment of the concept of “disability” with international standards and the impact of other factors contributing to the incidence of disability, the number of persons with disabilities in the Russian Federation rose from 4.7 million in 1993 to 13.2 million in 2013. The share of persons with disabilities in the population increased commensurately, from 3.2 per cent to 9.2 per cent (details on the indicators used to measure the observance of the rights of persons with disabilities as set out in the Convention are provided in annex 1). 3. At the same time, a system of legal standards compliant with international law started to be introduced, covering: pension provision; social assistance for persons with disabilities at the federal, regional and municipal levels; help with job placement; medical and social assessment and rehabilitation; insurance payments for injuries at work and occupational diseases; pension top-ups and compensation payments; the free provision of equipment for rehabilitation (including prosthetics) to persons with disabilities; the development of a rehabilitation sector; and the creation of a barrier-free environment. 4. Nevertheless, an analysis of the approach towards persons with disabilities from the standpoint of the Convention revealed that some sectoral laws lacked actual legal mechanisms regulating action by the authorities to prevent disability-based discrimination, while targeted measures to help and assist persons with disabilities to overcome barriers, including support during rehabilitation and habilitation, were not formulated clearly enough. 5. In this regard, in the period 2011-2013, 12 legislative acts were passed in order to give effect to different provisions of the Convention (annex 2) in preparation for the instrument’s ratification and as part of subsequent efforts to implement it. In particular, laws were adopted to: provide additional modalities for the exercise of the right to vote by persons with disabilities; enhance rehabilitation arrangements in social service institutions; establish a system of compensation payments for harm caused to the health of persons disabled as a result of war; define the special features of educational provision for persons with disabilities; introduce standards regarding the equipment requirements of special posts for persons with disabilities; enhance the mechanism for setting quotas for such posts; improve the accessibility of air transport for persons with disabilities; broaden the use of Russian Sign Language; increase funding for expenses related to keeping guide dogs; boost 4 GE.15-03875 CRPD/C/RUS/1 support for civil society organizations of persons with disabilities; and make cash transactions more accessible for persons with visual impairments. 6. In addition, during the period 2011-2013, new basic federal laws were adopted on education and social services, taking into account provisions of the Convention. 7. Nevertheless, the application of these standards demonstrated that it was not possible to address the existing systemic failures in the legal regulation of issues concerning the creation of a barrier-free environment and the elimination of disability-based discrimination by means of individual laws. It became obvious that interconnected amendments were needed to a whole range of laws. To that end, a federal bill was drafted to introduce amendments to various pieces of
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