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«Rights of Persons with Disability in the Armed Conflict in the East of Ukraine»

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«Rights of Persons with Disability in the Armed Conflict in the East of Ukraine» SCIENTIFIC PUBLICATIONS «RIGHTS OF PERSONS WITH DISABILITY IN THE ARMED CONFLICT IN THE EAST OF UKRAINE». ANALYTICAL REPORT OF THE UKRAINIAN HELSINKI HUMAN RIGHTS UNION KYIV 2016 УДК 342.7-056.26](477:100) ББК 67.9(4Укр)400.7+67.9(0)400.7 П 67 Th e proposed publication provides the overview of the situation of persons with disability who live in the ATO area or are internally displaced. Based on outlining the international human right and humanitarian law standards to the extent of protecting persons with disabilities during the state of emergency or martial law, armed confl icts, terroristic acts, emergencies and/or the threat of their occurrence, the national legislation is analyzed for compliance to the international standards. Th e report contains comments from children and adults with disability about the problems of evacuation form the warfare area, integration in to safe territorial communities, observance of the rights of IDPs with disability. Th e study fi ndings are summarized in the recommendations which, once implemented, will demonstrate the fulfi llment of Ukraine’s international commitments. П 67 «Rights of persons with disability in the armed confl ict in the East of Ukraine». Analytical report of the Ukrainian Helsinki Human Rights Union / Larysa Baida, Pavlo Zhdan, Bohdan Moisa, Yevheniia Pavlova, Myroslava Statkevych / overall edition by Arkadiy Bushchenko. / Ukrainian Helsinki Human Rights Union. — Kyiv, ………., 2016. — … p. Th is report is published due to the generous support from the American people provided through the United States Agency for International Development (USAID) within the framework of Human Rights in Action Project (http://helsinki.org.ua/nashi-proekty/), implemented by Ukrainian Helsinki Human Rights Union. Th e authors bear sole responsibility for the contents of this report, which does not necessarily refl ect the views of the USAID or the U.S. Government. Th e American people, through the USAID, have provided economic and humanitarian assistance worldwide for 50 years. In Ukraine, USAID’s assistance focuses on three areas: Health and Social Transition, Economic Growth and Democracy and Governance. USAID has provided 1.8 bln technical and humanitarian assistance to Ukraine since 1992. For additional information about USAID programs in Ukraine, please visit our website: ukraine.usaid.gov or our Facebook page at www.facebook.com/ USAIDUkraine. УДК УДК 342.739+343.9 ББК 66.061.461 ISBN 978-966-97584-1-5 © Ukrainian Helsinki Human Rights Union, 2016 Arkadiy Bushchenko UHHRU Executive Director FOREWORD Apparently, we are getting used to the reports about the shelling of residential quarters, hoping only that their inhabitants would escape alive and unscathed. We listen regrettably to the talks of people bolting to cellars and other shelters at the fi rst sounds of artillery attack. But what should the bedridden people do, or those using wheelchairs and living on upper fl oors of multi-storey buildings? Where a blind person should run to hide from bombs? How a hearing- impaired person can get to know about the reason of panic? Th ese are just a few components of the perception of war by persons with disability. Ukraine, undoubtedly, is not the one and only country which failed to prepare and effi ciently implement the activities aimed to protect vulnerable populations in the military emergency. Actually, almost chaotic relocation of the persons living in residential care facilities can hardly be considered a well-organized evacuation. Meanwhile, in almost a year and a half the government failed to put forward an effi cient agenda on ensuring the rights of internally displaced persons with disability, thus impelling many families to return to the uncontrolled territories. We continue highlighting the impact of the military confl ict on the observance of human rights. We present the study of the situation of persons with disabilities who were directly aff ected by the challenges of war. Th e proposed analytical report is aimed to suggest the actions to be taken by the government to mitigate the consequences of these challenges. We hope that the provided analysis of the problems and developed recommendations will assist the governmental 2 authorities in the development of strategic documents and programs in the field of protecting persons with disabilities during military emergencies. Ukrainian Helsinki Human Rights Union (UHHRU) expresses its sincere gratitude for comprehensive contribution to this publication to the All-Ukrainian Civic Association «National Assembly of Persons with Disabilities of Ukraine», All-Ukrainian Foundation «Protection of the Rights of Children», the Office of the Commissioner of the President of Ukraine for the Rights of Persons with Disabilities. We express our respect and appreciation to the specialists of the Ministry of Education and Kharkiv Oblast State Administration for facilitating the organization of monitoring visits to the special schools for children with disability. We are grateful to the experts who participated in the study drafting: Larysa Baida – head of the department of the AUCO «National Assembly of Persons with Disabilities of Ukraine», Pavlo Zhdan – head of the support department of the Commissioner of the President of Ukraine for the Rights of Persons with Disabilities, Yevheniia Pavlova – director of the All-Ukrainian Foundation «Protection of the Rights of Children». We express our special gratitude to the United States Agency for International Development for financial support in preparation of this publication. The contents are the responsibility of the authors and the Ukrainian Helsinki Human Rights Union and do not necessarily reflect the views of the USAID or the United States Government. 3 LIST OF ABBREVIATIONS ATO Anti-terrorist operation SSSU State Statistical Service of Ukraine SMSU State Migration Service of Ukraine SESU State Emergency Service of Ukraine MSPU Ministry of Social Policy of Ukraine MOH Ministry of Health of Ukraine MES Ministry of Education and Science of Ukraine NAPDU All-Ukrainian Civic Association «National Assembly of Persons with Disabilities of Ukraine» UNDP United Nations Development Program in Ukraine 4 CONTENTS FOREWORD ...................................................................................................................... 2 LIST OF ABBREVIATIONS ................................................................................................... 4 CONTENTS ............................................................................................................................. 5 RESEARCH METHODS ......................................................................................................... 6 SECTION 1. INTERNATIONAL STANDARDS OF ENSURING THE RIGHTS OF PERSONS WITH DISABILITIES DURING THE MILITARY EMERGENCIES ................................................................................................ 7 SECTION 2. NATIONAL LEGAL FRAMEWORK FOR THE PROTECTION OF PERSONS WITH DISABILITIES IN ARMED CONFLICT AND OCCUPATION OF THE PART OF UKRAINE ............................................... 20 SECTION 3. OUTCOMES OF MONITORING OF OBSERVANCE OF THE RIGHTS OF PERSONS WITH DISABILITIES IN THE ARMED CONFLICT ............ 26 3.1. Statistical data on the adults and minors with disability from the total number of such persons ................................................................................................ 26 3.2. Statistics on the number of persons with disability among the internally displaced persons ........................................................................................................... 27 3.3. Access to the evacuation and support services ................................................... 28 3.4. Problems of crossing the «contact line» by persons with disabilities .............. 30 3.5. Human rights in the armed confl ict area ............................................................. 34 3.6. Situation of the internally displaced persons with disability ............................. 37 3.7. Participation in the decision-making ................................................................... 40 MONITORING VISIT REPORT ........................................................................................ 42 RECOMMENDATIONS ..................................................................................................... 48 5 At fi rst everyone, including persons with disability, fi nding themselves in the military confl ict area in the East of Ukraine hoped that it all would be over soon. But then fear crept in – we were not sure whether we survive tomorrow, we tried to fi gure out whom to contact to be evacuated, where to get medicines and food. Having managed to relocate, we faced new challenges – accommodation, fi nding a job, sending children to school… Now my only dream is to look ahead with confi dence, but I am not confi dent about my future… Th e problems still exist and are rooted in the helter-skelter approach of the government… (Dmytro – an IDP from Donetsk, person with group I disability) RESEARCH METHODS This research is aimed to summarize the information on observance of the rights of persons with disabilities in the armed conflict in the East of Ukraine and to draft recommendations to improve the situation. This analysis is based on the provisions of the UN Convention on the Rights of the Persons with Disabilities1, international treaties ratified and signed by Ukraine in the area of human rights and disabilities during
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