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1344356* Crpd/C/Ecu/1 United Nations CRPD/C/ECU/1 Convention on the Rights Distr.: General 5 June 2013 of Persons with Disabilities English Original: Spanish 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 2008 Ecuador* [8 September 2011] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. GE.13-44356 (EXT) *1344356* CRPD/C/ECU/1 Contents Paragraphs Page Introduction............................................................................................................. 1–13 3 General provisions of the Convention..................................................................... 14–489 5 I. Articles 1 to 4.......................................................................................................... 14–52 5 II. Article 5. Equality and non-discrimination ............................................................. 53–62 12 III. Article 8. Awareness-raising................................................................................... 63–77 13 IV. Article 9. Accessibility............................................................................................ 78–89 15 V. Article 10. Right to life ........................................................................................... 90–93 17 VI. Article 11. Situations of risk and humanitarian emergencies.................................. 94–101 18 VII. Article 12. Equal recognition before the law........................................................... 102–111 19 VIII. Article 13. Access to justice.................................................................................... 112–123 21 IX. Article 14. Liberty and security of the person......................................................... 124–131 23 X. Article 15. Freedom from torture or cruel, inhuman or degrading treatment or punishment.............................................................................................................. 132–134 24 XI. Article 16. Freedom from exploitation, violence and abuse.................................... 135–171 25 XII. Article 17. Protecting the integrity of the person .................................................... 172–187 31 XIII. Article 18. Liberty of movement and nationality .................................................... 188–192 33 XIV. Article 19. Living independently and inclusion in the community ......................... 193–206 34 XV. Article 20. Personal mobility .................................................................................. 207–222 36 XVI. Article 21. Freedom of expression and opinion, and access to information............ 223–237 39 XVII. Article 22. Respect for privacy ............................................................................... 238–241 41 XVIII. Article 23. Respect for home and the family........................................................... 242–257 41 XIX. Article 24. Education .............................................................................................. 258–315 44 XX. Article 25. Health.................................................................................................... 316–358 53 XXI. Article 26. Habilitation and rehabilitation............................................................... 359–377 58 XXII. Article 27. Work and employment.......................................................................... 378–434 61 XXIII. Article 28. Adequate standard of living and social protection ................................ 435–451 69 XXIV. Article 29. Participation in political and public life ................................................ 452–466 71 XXV. Article 30. Participation in cultural life, recreation, leisure and sport..................... 467–489 74 Specific situation of children and women with disability ....................................... 490–526 78 I. Article 6. Women with disability ............................................................................ 490–501 78 II. Article 7. Children with disability........................................................................... 502–526 79 Specific obligations................................................................................................. 527–578 82 I. Article 31. Statistics and data collection ................................................................. 527–534 82 II. Article 32. International cooperation....................................................................... 535–561 84 III. Article 33. National implementation and monitoring.............................................. 562–578 88 2 GE.13-44356 (EXT) CRPD/C/ECU/1 Introduction 1. Specific services for persons with disabilities in Ecuador began over half a century ago, on the initiative of the parents of persons with disabilities who, seeking solutions to their children’s problems, discovered new forms of care in the developed countries. Implementing such care in the country called for the creation of private organizations offering specialist services in response to the growing demand, especially in the areas of health care and education. 2. The following are some of the major events in recent decades: • Between the 1940s and 1960s there was structured and systematic involvement of government agencies in the creation of the first special schools, beginning in the cities of Quito, Cuenca and Guayaquil. • Adopted in 1965, the first Blind Persons Act was, for Latin America, a pioneering legislative act in relation to persons with disabilities. • In the 1970s, thanks to a favourable economic situation boosted by petroleum resources, the public sector implemented significant steps in the fields of education, health care and social welfare. This led to the creation of laws, regulations, services and technical and administrative bodies, including: • The National Professional Rehabilitation Board, established in 1973 for the analysis, assessment, occupational training and labour market integration of persons with disabilities. A separate decree allowed for specially adapted vehicles for persons with physical disabilities to be imported tax free. • The General Education Act of 1977 stated that special education was the responsibility of the State. • The Special Education Unit was created in April 1979 as a technical and regulatory body for that type of education. • Subsequently, in 1980, the National Rehabilitation Division was set up within the Ministry of Public Health, to organize and implement physical medicine and rehabilitation services in the various medical units of the national health system in a number of the country’s provinces. This broadened the health care coverage, which social security medical units had previously provided only to those affiliated to the system. • The Protection of Persons with Disabilities Act became law in 1982, creating the National Directorate for the Comprehensive Rehabilitation of Persons with Disabilities under the authority of the Ministry for Social Welfare. The Directorate was entrusted with the national coordination and control of efforts on behalf of persons with disabilities in Ecuador. That Act abolished the National Professional Rehabilitation Board and made available the trained staff and five operational units managed by the Ministry to provide direct support to persons with disabilities in relation to protection, special education, occupational training and labour market integration. 3. Also in 1982, a number of rehabilitation centres and special schools were established in the private sector, under the National Institute for Children and the Family and other national non-governmental organizations (NGOs). The best known of them included ASENIR, FASINARM, SERLI, ADINEA, the General Ecuadorian Foundation, the Hermano Miguel Foundation, CEBYCAM, FUNAPACE and Olimpiadas Especiales (Special Olympics). GE.13-44356 (EXT) 3 CRPD/C/ECU/1 • In 1989, an inter-agency committee was created to analyse the situation of disabilities in Ecuador. • In 1991, on the initiative of the National Institute for Children and the Family and the Ministries of Health, Education and Social Welfare and through multidisciplinary and inter-agency efforts, the first National Plan on Disabilities was published. • The efforts undertaken in Ecuador over the aforementioned period were well intentioned but disorganized, with duplication of efforts and dispersion of resources. Combined with the country’s economic crisis, these problems sharply reduced the availability of services designed for persons with disabilities. • The Disabilities Act (Act No. 180), which was published on 10 August 1992 in Official Gazette No. 996, promotes an inter-agency rights-based approach to persons with disabilities and established the National Council on Disabilities (CONADIS) as an autonomous body to govern the country’s responses to people with disabilities. It has a legal mandate to make policy, coordinate activities in the public and private sectors and conduct research on disabilities. • In the 1990s, CONADIS conducted concrete activities countrywide, particularly in relation to the implementation of general and sectoral policies, regulations on special benefits, and defining ministries’ sectoral areas of competence; promotion and strengthening of organizations of persons with disabilities through four national federations:
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