Promoting the Human Rights of Persons with Disabilities in Europe and the Commonwealth of Independent States: Guide

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UNDP Regional Centre For Europe and the CIS Promoting The Human Rights of Persons with Grosslingova 35 811 09 Bratislava Slovak Republic Disabilities in Europe and the Commonwealth Tel.: +421 2 5933 7111 Fax: +421 2 5933 7450 Guide http://europeandcis.undp.org of Independent States:

Lessons Learned Series: Rule of Law, Justice & Human Rights

UNDP REGIONAL CENTRE FOR EUROPE AND THE CIS PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

UNDP Regional Centre for Europe and the CIS PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

Acknowledgements

Authors: Arkadi Toritsyn, and A. H. Monjurul Kabir

Cover photo: Yoon Kyoung Kim for UNDP in Kazakhstan

This is a part of UNDP Regional Centre for Europe and the CIS’s initiative on‘Special Ability’.

Lessons Learned Series: Rule of Law, Justice and Human Rights

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in all forms by any means, mechanical, photocopying, recording or otherwise without prior permission.

The views expressed in this publication are those of the authors and do not necessarily represent those of the United Nations, including UNDP, or their Member States. SEEING THE ABILITY, NOT DISABILITY

There is a genuine and widespread lack of general un - derstanding and policy awareness in Europe and the CIS and beyond that most Persons with Disabilities (PWD) can, in fact, function effectively at work, school, and with society, if given required support. Legacies of the socialist system with its medical model of disability that believed that limitations arising from disability can potentially be prevented or managed by medical treatment of PWDs contributes to this. Therefore, it is no surprise that the medical model and charity ideology shaped these countries’ motivation for special legislation, social and legal policies, corresponding programmes, and, social protection schemes.

Access to services does not imply only physical services. Of course, globally, the overwhelming majority of buildings, including government institutions are not accessible to PWDs, which restricts their opportunities to exercise their rights in many areas. Multiple barriers still exist in access to employment, education, housing, health, political participation, cultural expression, entertainment, and leisure activities. Inaccessibility and prejudices in society make life difficult and prevent access to basic rights and services such as participating in political process, gaining access to justice, and engaging in meaningful economic and social activity.

In fact, the UN Convention on the Rights of the Persons with Disabilities (CRPD) provides a unique normative framework and an effective legal tool for States to end this discrimination and violation of the rights of persons with disabilities – if it is implemented effectively and supported by policies and programmes to promote the active inclusion of this population. Easier said than done.

The inclusion of persons with disabilities in development efforts is a question of human rights, and the human-rights based approach is central in achieving an inclusive society, non-discrimination and to ensuring equity. It is NOT a matter of moral obligation anymore; it is our legal and developmental obligation. It is, therefore, important for all of us – individuals or institutions - to take effective steps to support the implementation of the CRPD. The constituent elements (national human rights institutions, CSOs, national agencies, judicial and quasi-judicial bodies, legislative bodies) of the national human rights systems in our respective countries have an active duty to take this up and mainstream disability issues, challenges, and, solutions into vision, strategic planning, annual work plans, budgeting and resource allocation.

These are critical for achieving inclusive growth, internationally agreed development goals (i.e., Millennium Development Goals, Post-2015 Development, Social Development PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

Goals, etc.) and, most importantly, ensuring human dignity, human rights, social protection and justice. In order to address such needs, existing knowledge, and capacity gaps, UNDP recently published this comprehensive Guide for both programming and advocacy. This Guide reflects the current research, international and regional experiences, good practices and lessons learned in ratifying the UNCRPD and its implementation. The Guide exemplifies well-coordinated sectoral policies and national programmes aligned with the CRPD.

It would be worthwhile for all stakeholders to engage into informed national dialogues on specific steps that should be undertaken to ratify and/or implement the CRPD. This Guide would be of direct relevance to support such process. The time has come to ask ourselves as members of the UN family: are we doing enough?

A.H. Monjurul Kabir

Acting Practice Team Leader, Democratic Governance Policy Adviser, Rule of Law, Justice and Human Rights 4 UNDP Europe and Central Asia TABLE OF CONTENTS

ABBREVIATIONS AND ACRONYMS ...... 6 EXECUTIVE SUMMARY ...... 7 1. INTRODUCTION ...... 12 2. PERSONS WITH DISABILITIES IN ECIS: SOCIALIST LEGACY ...... 13 3. ADOPTING A HUMAN RIGHTS-BASED APPROACH TO DISABILITY IN THE ECIS: CHALLENGES AND OPPORTUNITIES OF THE TRANSITION PERIOD ...... 14 4. UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: OVERVIEW AND IMPORTANCE FOR THE REGION ...... 16 5. MEASURES SUPPORTING RATIFICATION OF THE CONVENTION ...... 20 5.1. Use the Universal Periodic Review to emphasize the importance of ratification of CRPD to advancement of the human rights of PWDs ...... 20 5.2. Revise the existing legislation to align it with the CRPD requirements ...... 21 5.3. Develop an Action Plan, including specific steps that have to be undertaken to ratify the convention ...... 22 5.4. Create and enhance consultation mechanisms for PWDs’ involvement in decision making. Strengthen capacities of DPOs...... 23 5.5. Address attitudinal barriers to disability and ensure 5 wide public support of ratification of the CRPD ...... 26 6. MEASURES SUPPORTING THE SUCCESSFUL IMPLEMENTATION OF THE CONVENTION AND OTHER DISABILITY LEGISLATION ...... 30 6.1. Use the Universal Periodic Review, Treaty Bodies and Special Procedures of the UN recommendations to advance the disability agenda ...... 32 6.2. Support effective operationalization of the existing disability legislation into policies and programmes and strengthen the capacity of the public service . .34 6.3. Support interventions promoting accessibility ...... 36 6.4. Clarify definitions and improve quality and availability of data ...... 38 6.5. Promote individualized and comprehensive approaches ...... 41 6.6. Enhance access to justice for PWDs ...... 42 6.7. Ensure that the intersection of disability rights with gender and ethnic minority rights are properly addressed ...... 45 7. SECTORAL INTERVENTIONS PROMOTING THE HUMAN RIGHTS OF PWDs: SELECTED EXAMPLES ...... 47 7.1. Education ...... 47 7.2. Health ...... 50 7.3. Employment ...... 52 7.4. Social protection ...... 54 8. CONCLUSIONS ...... 58 9. ANNEXES ...... 59 9.1 Annex 1. Estimated Prevalence of Disability in ECIS countries ...... 59 9.2 Annex 2. Bibliography ...... 60 ABBREVIATIONS AND ACRONYMS

CRPD International Convention on the Rights of Persons with Disabilities CO Country Office CSO Civil Society Organization DPOs Disabled People’s Organizations ECIS Europe and the Commonwealth of Independent States EU European Union ILO International Labour Organization ICF International Classification of Functioning, Disability and Health ICT Information and Communications Technology M&E Monitoring and Evaluation NHRI National Human Rights Institutions NGO Non-Governmental Organization 6 OECD Organisation for Economic Co-operation and Development OSCE Organization for Security and Co-operation in Europe PWDs Persons with Disabilities UNDP United Nations Development Programme UNDP BRC United Nations Development Programme Bratislava Regional Centre UNFPA United Nations Population Fund UNICEF United Nations Children’s Fund UPR Universal Periodic Review WB World Bank WHO World Health Organization EXECUTIVE SUMMARY

Persons with disabilities (PWDs) are clearly model and charity ideology shaped the among the most marginalized and excluded ECIS countries’ legislation, policies and groups in Europe and the Commonwealth programmes. of Independent States (ECIS) countries. In the • Limited accessibility: in the ECIS the over - ECIS by all definitions of poverty, PWDs are whelming majority of buildings, including over-represented among the poor and face government institutions is not accessible multiple barriers in exercising their human to PWDs, which restricts their opportunities rights. Social exclusion, low educational at - to exercise their rights in many areas. tainment, unemployment, low self-esteem • Multiple barriers in access to employment: and limited opportunities to participate in education, housing, health, political par - political and social life are frequent parts of ticipation, access to justice, cultural ex - their daily experience. The human rights of pression, entertainment, and leisure ac - PWDs are now formally recognized in consti - tivities still exist. tutions and specific legislation, but the tran - • Attitudinal barriers: there is a genuine sition period contributed to the increase in and widespread lack of understanding the numbers of PWDs and created barriers in the ECIS that most PWDs can in fact to the realization of their human rights in all function effectively at work, school, ECIS countries. The extent and nature of ex - and with society, if given adequate clusion of PWDs differ from one sub-region support. 7 to another, as well as within countries. This guide reflects the current research In the ECIS, PWDs face multiple obstacles and international experiences in ratifying the to fulfilling their human rights: United Nations Convention on the Rights of Persons with Disabilities (CRPD) and its im - • Legacies of the socialist system with its plementation. The convention, as one of in - medical model of disability that believed ternational human rights laws, pursues the that limitations arising from disability can goal of safeguarding the integrity and dignity potentially be prevented or managed by of PWDs by establishing legal obligations medical treatment of PWDs. The medical on states to protect the rights of all PWDs

States are required to ensure alignment Universal language and conceptual of legislation and policies with CRPD and human rights framework to promote implement their commitments rights of PWDs is adopted

Benefits of ratification of CRPD

Capacities of PWDs and their organizations States are required to report on their improve. They become more extensively compliance with CRPD and progress involved in decision-making made PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

under their jurisdiction. The societies in coun - costs of new policy initiatives in the area tries that ratify the convention have to identify of disability should be strengthened to the societal barriers that prevent PWDs from prepare them for CRPD ratification; full and effective participation and inclusion • strengthen PWDs’ role and involvement in all aspects of community life, including in decision making. To make sure that employment, education, housing, health, po - the voices of the PWDs are heard and litical participation, access to justice, cultural that politicians realize that the electorate expression, entertainment, and leisure activities is supportive of CRPD ratification, it is and implement a series of measures to grad - necessary to empower PWDs and ually reduce and eventually eliminate these strengthen their capabilities to demand barriers. and use their rights through democratic political processes; There is a range of measures that can be • address attitudinal barriers to disability adopted to support ratification of the CRPD: and ensure wide public support for rati - fication of CRPD. Public attitudes may • use the Universal Periodic Review (UPR) themselves be critical to either advancing to emphasize the importance of ratification or hindering the inclusion of PWDs. To of CRPD to advancement of the human obtain better data on public perceptions rights of PWDs. As ratification of CRPD is of disability and to raise public awareness, recommended to many countries in the it is beneficial to conduct nationwide 8 region and many governments have public opinion surveys focusing on dis - agreed to ratify it, it is essential to provide ability issues, and implement awareness- extensive support to national partners raising interventions based on the data in implementation of this recommenda - obtained from such surveys that will be tion. Support should be provided to both customized to different audiences such National Human Rights Institutions (NHRI), as parents, employers, public servants, governments and NGOs in developing the general public and PWDs. plans of action and building their capacity to ratify the CRPD as a part of the UPR; Following ratification of CRPD, govern - • revise the existing legislation to align it ments as “duty-bearers” have to ensure im - with CRPD requirements. The analysis of plementation of the commitments under - the legislation will demonstrate the degree taken and mainstream human rights of PWDs of protection or promotion of rights of into their sectoral policies. Specific interven - PWDs and the extent of laws’ alignment tions that can be implemented include: with key provisions of the convention. Once the laws are reviewed and analyzed, • using the UPR, treaty bodies and special they should be revised and aligned with procedures of the UN recommendations the CRPD’s human rights model, ap - to advance the disability agenda. The rec - proaches and language; ommendations developed by the UN bod - • develop an action plan, including specific ies in the area of disability should inform steps that have to be undertaken to ratify development and implementation of ad - the convention. The governments moving vocacy, policy and programme interven - towards ratification of CRPD should be tions at the national level. They can also well aware of legislative, policy and budg - be used as a common platform to coordi - etary implications of ratifying CRPD and nate efforts of all development partners should have sufficient capacity to imple - in promoting the disability agenda. ment it. Such areas as conducting research, • aligning legislation and policies with developing policy options, conducting CRPD requirements and supporting ef - policy assessments as well as estimating fective operationalization of the existing PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

Capacity building Individualized and Improved acccess of civil society, comprehensive approaches to justice for PWDs including DPOs to support PWDs

Capacity-building of public service Improved in disability and CRPD accessibility

Effective disability Successful Well coordinated sectoral policies aligned implementation policies and programmes with CRPD of CRPD aligned with CRPD

disability legislation in policies and pro - real impact of these measures should be grammes; monitored at the household and individual • strengthening the capacity of the public level. Clear and objective statistical data service. The roles and responsibilities of on PWDs is necessary to lay the basis for partner ministries should be clearly out - sound disability-related policies and pro - lined; interministerial coordination in the grammes to meet the CRPD requirements. area of disability should be improved; Consistent definitions of disability aligned safeguards should be introduced to ensure with good international practices should 9 that decentralization promotes the human be adopted, processes for data collection rights of PWDs; innovative approaches established and databases created to to promote the human rights of PWDs meet the CRPD requirements and prioritize have to be piloted before embarking on disability-related concerns in resource al - nationwide implementation; and training location and policy/programme devel - of public servants on how to design and opment. It is important to note that def - implement human rights-based disability initions are key to gathering adequate policies and programmes should be con - data; ducted; • promoting individualized and compre - • supporting interventions promoting ac - hensive approaches. PWDs have diverse cessibility. Accessibility is not only about strengths and needs and are not a ho - physical accessibility of buildings – PWDs mogenous group. More individualized face barriers at the levels of institutions, approaches to support for PWDs should policies, and attitudes. It is about creating be adopted across all sectors as a practical an environment in which systemic barriers application of the human rights approach; to the full participation of PWDs are re - • ensuring that PWDs have equal recognition duced or eliminated so that they have before the law. To ensure that such core equal access to the constructed environ - provision of the CRPD as the right of ment, transport, information, communi - PWDs to equal legal recognition, capacity cation and services; and support before the law, the following • clarifying definitions and improving quality interventions can be implemented: main - and availability of data. The CRPD can be stream the goals of promoting rights of ratified and policies promoting the human PWDs into reforms of the justice sector; rights of PWDs can be adopted, but the revise the existing legislation and policies PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

in such diverse sectors as employment, spend more time objectively assessing public transport, telecommunications and children’s strengths and needs and draw information, procedural law, social and on a wide range of information in making health protection, education, public pro - placement decisions for students with curement, family law, criminal law and special needs. Develop and implement other relevant areas to ensure that they individual education plans to enhance guarantee the non-discrimination of PWDs; student’s goals, strengths and needs, sup - implement interventions supporting the port provided and indicators of success. office of the ombudsman; conduct tar - Teachers should be trained on how to geted awareness-raising interventions to educate children with disabilities and train and educate the judiciary about the parents have to be included as respected rights of PWDs; and support PWDs who and equal partners. chose the legal profession to grow pro - • Health. Ensure timely and equitable pro - fessionally and assume positions of sig - vision of such basic devices such as nificance in the justice system; glasses, hearing aids, and crutches. Educate • enhancing access to justice for PWDs. health care providers about the disabili - PWDs should be provided with the same ty-specific health-service needs of PWDs, legal rights and access to justice as the their rights and the consequences of not non-disabled. To ensure that such core getting the services to which they are provision of the CRPD as the right of entitled. Improve the availability, access 10 PWDs to equal access to justice as well and quality of medical rehabilitation in - as support and accommodation in the cluding assistive devices (e.g., prosthetics, justice process are met, the following in - orthotics, wheelchairs and walking aids). terventions can be implemented: identify To make sure that the process of deinsti - and address physical and communication tutionalization promotes the human rights barriers that PWDs face in accessing of PWDs, it is necessary to clarify the ac - justice; legislate a right for free legal aid countability of national and local admin - for PWDs; develop a system that would istrations for services and support provided provide support or assistance to enable to former inpatients. Standards should them to make decisions for themselves be developed and enforced and quality and expand their capacities to do so; controls introduced. and support the relevant ministries and • Employment. Ensure that the existing agencies in consulting PWDs on access anti-discrimination laws and specific to justice matters; labour codes are enforced and employers • ensuring that the intersection of the know their obligations and penalties rights of PWDs with the gender equality for failing to comply with the disability agenda and minority rights (i.e., multi - legislation. Employers should not be re - ple/aggravated discrimination) is properly quired to hire any person with a disability, addressed. they should be asked to hire people who are qualified and accommodate As the barriers and challenges that PWDs the limitation caused by disability on face are multi-faceted, interventions promot - an individual, case-by-case basis. Ac - ing the human rights of PWDs should be di - commodation could include physical versified and involve multiple partners. Some modifications, such as the construction sectoral interventions promoting rights of of ramps, provision of devices such as PWDs are outlined below: visual and hearing aids, as well as job restructuring to suit the abilities of the • Education. Develop new protocols and worker with disabilities. Implement a procedures and train commissions to wide range of potential interventions PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

supporting employment of PWDs, such the human rights and equity perspectives. as job coaching and mentoring, pre- Keep salaries of social workers attractive employment training and upgrading, and provide them with access to work - post-secondary education, aids and de - place training and educational opportu - vices, wage subsidies for PWDs, tax in - nities. Promote a personal assistance serv - centives for employers, sheltered em - ices model to support the rights of PWDs ployment, reservation of a specific num - for independent living and mobility. Given ber of positions in public service for the importance of carers, their needs PWDs, and workplace support. Imple - have to be addressed through opportu - ment individualized support that meets nities for respite, social interactions with the strengths and needs of PWDs as other carers and supplementary social well as local economic conditions. transfers. The capacities of disabled per - • Social protection. Expand the range of sons’ organizations (DPOs) can be strength - programmes, services and benefits pro - ened so that they will be able to deliver vided by the national and local govern - programmes and services for PWDs fund - ments to PWDs and re-design them from ed by the government.

11 1 INTRODUCTION

More than 1 billion people in the world barriers and highlights the policy and pro - live with some form of disability and this grammatic approaches that have been ef - number will increase in the years to come. A fective for promoting their human rights. It significant proportion of PWDs live in the reflects the current research and international Europe and the Commonwealth of Inde - experiences and contains examples and rec - pendent States (ECIS) region and the numbers ommendations for national stakeholders and of PWDs are on the rise. In Tajikistan, for ex - international partners to support them in ample, according to the data from the Ministry the effective ratification and implementation of Labour and Social Protection, the total of the CRPD. number of PWDs was over 150,000 by the UNDP BRC actively engaged UNDP Coun - end of 2010, which is 12,000 higher than in try Offices (COs), internationally recognized 2005. Furthermore, the number of children disability experts and practitioners into con - with disabilities under the age of 16 grew sultations and development of this guide. It from under 14,000 in 2005 to over 20,000 in contains a wide range of examples of suc - 2010. 1 cessful strategies utilized by practitioners in 12 Many ECIS governments have expressed the ECIS countries to promote ratification their commitment to advancing the human and implementation of the CRPD. UNDP may rights of PWDs, ratified the CRPD and are further revise the guide as new understanding implementing it. As a part of its continuous and experiences are acquired and successful efforts to strengthen the capacity of key practices in promoting the rights of PWDs partners and promote the human rights of are identified. PWDs across ECIS, the United Nations De - This guide is not meant to be a definitive velopment Programme Bratislava Regional source of information but should be seen as Centre (UNDP BRC) is publishing this guide. giving suggestions on practices and tools. It The region-specific guide provides analysis is intended to be used in conjunction with of the key areas where PWDs are experiencing other existing resources. 2

1 World Bank, http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/ECAEXT/TAJIKISTANEXTN/0,,contentMDK:22945350~ pagePK:1497618~piPK:217854~theSitePK:258744,00.html?cid=3001_4. 2 The World Health Organization and the World Bank produced an extensive study that contains extensive analysis of disability and provides the evidence of innovative policies and programmes that can improve the lives of people with disabilities. WHO and World Bank, World Report on Disability , 2011. PERSONS WITH DISABILITIES IN ECIS: 2 SOCIALIST LEGACY

The term “disability” summarizes a great cation and health care in segregated settings number of different functional limitations and were excluded from mainstream edu - occurring in any population in any country cation. Parents were advised to place their in the world. People may be disabled by children with significant disabilities in state- physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature. They may Persons with disabilities have have a disability from birth or have acquired diverse strengths and needs; it in childhood, their teenage years, or later they are not a homogenous in life, during further education or while in group employment. Their disability may have little impact on their ability to work or it may have a major impact, requiring significant support. run institutions, where they spent their entire Under the socialist system, the medical lives. Children with less extensive disabilities model of disability was prevalent in the stayed at home with their families. After re - region. The medical model construes disability ceiving education in segregated specialized as an observable physical, mental, psycho - schools, many of those who were blind, deaf, 13 logical or sensory deviation from normality or had less serious disabilities were employed caused by disease or another health condition. in state-funded sheltered enterprises, or in It believes that limitations arising from disability home-based work. can potentially be prevented or managed Under the socialist system, PWDs were by medical treatment of that individual. So subject to discrimination and social isolation, neither the society nor the environment has as well as multiple institutional, attitudinal to be changed to address the rights of PWDs. and structural barriers. The stereotyping of The medical model and charity ideology and prejudice against PWDs were widespread shaped the ECIS countries’ legislation, policies so that their families experienced social and programmes. Defectology, for example, stigma. Government policies were based on was a widespread system of diagnosing and the medical model, were paternalistic and treating children with disabilities in the region. did not address societal and other barriers In the overwhelming majority of cases, chil - that PWDs faced and hence did not advance dren with special needs were receiving edu - their human rights. ADOPTING A HUMAN RIGHTS-BASED APPROACH TO DISABILITY IN THE ECIS: CHALLENGES AND OPPORTUNITIES 3 OF THE TRANSITION PERIOD

Over the past three decades there has much in the same way as they are available been a dramatic shift from medical and to non-disabled individuals. charity disability models to a model based In the USA, for example, the legislation on human rights and equal opportunities. equalizing opportunities between those with PWDs are no longer seen as a special group disabilities and the non-disabled and banning requiring special medical and social services public and private sector discrimination was in segregated settings. Instead of adjusting introduced by many states. The federal Amer - the needs of the individuals with disabilities icans with Disabilities Act was adopted in to prevailing social standards, societies are 1990. 3 It puts the onus on society to provide adjusting their social norms to meet the for PWDs rather than obliging them to adapt needs of PWDs. to various barriers. The European Union (EU) In the social model, disability is seen as policy on disability is also built on an explicit the result of complex interactions between commitment to the social model of disability a health problem or a functional limitation and disability is seen as a rights-based is - and the social, political, cultural, economic, sue. 4 14 and physical environment. These, in combi - In the 1990s when the USA, Canada and nation with personal factors such as age, many European states were developing and gender, and level of education, can result in adopting human rights-based disability laws a disadvantage – that is, a disability. Under and policies, the ECIS countries were transi - tioning from a predominately centrally-man - aged, state-owned command-type economic Instead of adjusting the needs system and a single-party communist political of persons with disabilities to system. In the process of transition, the mech - prevailing social standards, anisms of the command economy have been effectively dismantled and the market insti - societies should adjust their tutions have been established in the majority social norms to meet the of the countries . New constitutions and a needs of PWDs series of laws establishing formal foundations of democracy were adopted. Formal demo - cratic and human rights institutions promoting this approach, the disability focus is no longer respect for rights such as freedom of speech, how to provide for those deemed “unable” association, and forbidding any forms of dis - to integrate into mainstream society, but crimination based on gender, race, disability rather how to make society accessible to all, or religion were established. Some public on an equal and non-separate basis. In many administration reforms, including optimization countries PWDs have equal rights to educa - of government structures were implemented. tion, public transportation, social services, Civil society emerged and quickly expanded. access to public places and employment Independent media developed and started

3 USA Department of Justice, Americans With Disabilities Act of 1990 , As Amended, http://www.ada.gov/pubs/ada.htm 4 European Commission, Employment, Social Affairs and Inclusion , http://ec.europa.eu/social/home.jsp?langId=en PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

to play an important role as checks and bal - created additional barriers for PWDs. ances on the exercise of powers granted to The transition process created significant political leaders and public office holders. gaps in policies and programmes supporting The transition period brought new chal - PWDs. The essential services necessary to lenges and opportunities to promote the meet the human rights of PWDs have either rights of PWDs. Although the rights of PWDs deteriorated or were never provided. As a were formally recognized and expanded in result, many PWDs, children and adults, were constitutions and specific legislation, 5 the overlooked by public authorities and were transition period contributed to the increase not provided with the services and support in the numbers of PWDs and created barriers to which they were entitled. In the areas of to the realization of their human rights in all employment of PWDs, for example, the in - ECIS countries. The social cost of transition troduction of the market economy resulted throughout the ECIS was much higher than in the withdrawal of government employment was initially expected. Unemployment, which subsidies for PWDs, which made the enter - was practically non-existent under the socialist prises to lay off workers with disabilities. Re - regime, had reached almost double-digit duced budget revenues negatively affected levels in many countries by the end of the social services provided to PWDs as well. In 1990s. The number of people living in poverty many instances, the authorities discontinued increased dramatically while income inequality or reduced funding of clubs and social ac - significantly increased. Unemployment and tivities for PWDs. In the area of education, high poverty rates affected health indicators despite the rights of children with special and resulted in increases in mortality and needs to live in their families with their morbidity in some CIS states at an unprece - parents, doctors and other officials often put dented level in peacetime that resulted in a pressure on parents to relinquish guardian - higher rates of PWDs. In Russia, for instance, ship of their children. Instead of providing 15 the number of persons counted as having a the necessary resources and support that disability more than doubled between 1990 would meet the human rights of these chil - and 2003. A number of factors contributed dren, they were placed in institutions that to these outcomes that include changes in did not allow them to fully realize their rights the reporting of pensions to include PWDs for inclusive education and employment. previously classified as old-age pensioners, As a result, in the ECIS countries, by all employers’ preferring to avoid paying sever - definitions of poverty PWDs are overrepre - ance pay to fired workers by placing them sented among the poor and face multiple on disability rolls, and the sharp deterioration barriers in exercising their human rights. in health indicators (particularly for adult Social exclusion, low educational attainment, men) and disruptions in the health system. 6 unemployment, low self-esteem and limited Armed conflicts in the Balkans and some CIS opportunities to participate in political and countries not only increased the numbers social life are frequent parts of their daily ex - of PWDs but also eroded human and insti - perience. The extent and nature of exclusion tutional capital, weakened public adminis - of PWDs clearly differs from one sub-region tration, and led to economic stagnation that to another, as well as within countries. 7

5 Many ECIS countries have adopted disability legislation. In Moldova, for example, The Law on Social Protection of the Disabled , entered in force on 22 June 2000. In Romania, the Law on the Protection and Fostering of Disabled People’s Rights, came into force in 2006. The law stipulates the rights for persons with disabilities in a wide range of areas such as housing, health care, education, employment and social benefits. 6 Jeanine Braithwaite and Daniel Mont, Disability and Poverty: A Survey of World Bank Poverty Assessments and Implications , Social Protection and Labor Discussion Paper No. 0805, 2008. 7 UNDP BRC, Regional Human Development Report Beyond Transition: Towards Inclusive Societies , 2011. UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: OVERVIEW 4 AND IMPORTANCE FOR THE REGION

International human rights law determines to a nationality, independent living and com - that every person, including PWDs, has rights, munity integration, opportunities for a mean - such as the right of equality before the law, ingful education, access to adequate health the right to non-discrimination, the right to care and the right to equal opportunity in equal opportunity, the right to independent employment. The convention has a periodic living, the right to full integration, and the reporting process and biennial conference right to security. Human rights are universal of states parties, and is supplemented by an and are inalienable – they can neither be optional protocol that establishes an individual taken away, nor given up. 8 They are also in - complaints mechanism and an inquiry pro - divisible – there is no hierarchy among rights, cedure. and no right can be suppressed in order to The convention impels governments to promote another right. PWDs are entitled to rethink the underlying assumptions upon exercise their civil, political, social, economic which their disability policies and practices and cultural rights on an equal basis with have historically been based. In implementing others. 9 the CRPD, the governments have to change 16 The UN General Assembly adopted the their traditional practices of placing PWDs CPRD on 13 December 2006. The convention in institutionalized living arrangements, seg - is a comprehensive document that contains regated education and sheltered employment 50 articles. It is grounded in the premise and giving them qualified income support. that public authorities should go further The societies in countries that ratify the con - than to just help PWDs to adjust to existing vention have to identify the societal barriers conditions: they should seek to adapt the that prevent PWDs from full and effective conditions in order to accommodate every - participation and inclusion in all aspects of one, including those with special needs. The community life, including employment, ed - CRPD includes a preamble, four initial articles ucation, housing, health, political participation, on purpose, definitions, general principles, access to justice, cultural expression, enter - and general obligations; 26 substantive rights tainment, and leisure activities and implement provisions addressing, from a disability per - a series of measures to gradually reduce and spective, the full range of civil, cultural, eco - eventually eliminate these barriers. nomic, political, and social rights; 10 articles The process of convention drafting in - on national and international monitoring volved PWDs and their allies from across the and supervision; and 10 final provisions. The world and reflected their views and aspirations. convention covers in depth such issues as This involvement was critical in identifying the unique needs of women and children specific barriers which hinder PWDs’ full par - with disabilities, access to law and its pro - ticipation in society. As a result, the convention tection, liberty of movement and the right is precise in its interpretation on how a rights-

8 UNDP, Human Development Report 2000: Human Rights and Human Development , 2000. 9 These rights include such diverse areas as access to food, shelter, health care and education; reproductive rights; rights of political participation such as the ability to organise, to be represented, and to have legal and voting rights. See, for instance, Rebecca Isaac, B. William Dharma Raja and M.P. Ravanan, “Integrating People with Disabilities: Their Right – Our Responsibility”, Disability & Society Vol. 25, No. 5, August 2010, 627–630. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

Table 1: ECIS countries: Convention and Optional Protocol signatures and ratifications

Convention Protocol Convention Protocol Country Signature Date Signature Date Ratification Date Ratification Date

Albania 22-12-2009 Armenia 30-3-2007 30-3-2007 22-9-2010 Azerbaijan 9-1-2008 9-1-2008 28-1-2009 28-1-2009

Bosnia 29-7-2009 29-7-2009 12-3-2010 12-3-2010 and Herzegovina

Bulgaria 27-9-2007 18-12-2008 Croatia 30-3-2007 30-3-2007 15-8-2007 15-8-2007 Cyprus 30-3-2007 30-3-2007 27-6-2011 27-6-2011 Czech Republic 30-3-2007 30-3-2007 28-9-2009 Estonia 25-9-2007 Georgia 10-7-2009 10-7-2009 Hungary 30-3-2007 30-3-2007 20-7-2007 20-7-2007 Kazakhstan 11-12-2008 11-12-2008 Kyrgyzstan 21-9-2011 Latvia 18-7-2008 22-1-2010 1-3-2010 31-8-2010 Lithuania 30-3-2007 30-3-2007 18-8-2010 18-8-2010 17 Macedonia 30-3-2007 29-7-2009 (FYROM)

Malta 30-3-2007 30-3-2007 Montenegro 27-9-2007 27-9-2007 2-11-2009 2-11-2009 Poland 30-3-2007

Republic 30-3-2007 21-9-2010 of Moldova

Romania 26-9-2007 25-9-2008 31-1-2011

Russian 24-9-2008 Federation

Serbia 17-12-2007 17-12-2007 31-7-2009 31-7-2009 Slovakia 26-9-2007 26-9-2007 26-5-2010 26-5-2010 Slovenia 30-3-2007 30-3-2007 24-4-2008 24-4-2008 Turkey 30-3-2007 28-9-2009 28-9-2009 Turkmenistan 4-9-2008 10-11-2010 Ukraine 24-9-2008 24-9-2008 4-2-2010 4-2-2010 Uzbekistan 27-2-2009

Source: United Nations, Convention and Optional Protocol Signatures and Ratifications, http://www.un.org/disabilities/coun - tries.asp?id=166, last accessed on December 17, 2011 PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

based approach to disability should be op - with disabilities on relevant technology and erationalized. other assistance, services and facilities; and Many countries of the ECIS have signed promote the training of professionals and the CRPD and some of them have ratified it. staff working with PWDs. 10 Table 1 provides detailed information on the Although the ratification of the convention status of ratification of the convention across is not a panacea and it should not be expected the ECIS. that barriers to the realization of human The convention, as one of international rights of PWDs will be eliminated overnight, human rights laws, pursues the goal of safe - the ratification of the convention by all the guarding the integrity and dignity of the ECIS countries will bring a number of positive PWDs by establishing legal obligations on outcomes to advancing the human rights of states to protect the rights of all PWDs under PWDs. Some of key benefits of ratification of their jurisdiction. More specifically, states’ ob - the CRPD include the following: ligations include respect of human rights that means simply not interfering with their • Reform processes will be inspired and enjoyment; protection of human rights that societies will have a universal language means taking steps to ensure that third and conceptual human rights framework parties do not interfere with their enjoyment; to promote the human rights of PWDs. and fulfilment of human rights that means • States will be obliged to ensure that their taking steps progressively to realize the right legislation, policies and programmes ad - 18 in question. vance the realization of human rights of The CRPD is legally binding and by ratifying PWDs, as declared in the convention. it states must, among other things, modify Any new policy and programme devel - or abolish existing discriminatory laws, cus - oped should be based on the human rights standards and principles of the convention. Procedural safeguards secur - Ratiﬁcation of the CRPD by all ing the protection of basic rights and ECIS countries will streamline prevention of future abuse of PWDs will the human rights model into be obliged to be promulgated and en - forced. disabilities policies and • Accessibility will be mainstreamed into programmes and make all policies and programmes. governments accountable for • The capacities of duty-bearers to meet the elimination of barriers that their human rights obligations and the PWDs face. capacities of rights-holders to claim their rights will have to be strengthened. • States will be obliged to adopt strategies toms and practices; take all appropriate meas - for empowerment of PWDs that will in - ures to eliminate discrimination on the basis crease their capacities to enjoy their rights. of disability by any person, organization or • The Governments will be obliged to im - private enterprise; adopt legislative, admin - plement new requirements promoting istrative, policy, programmatic and other the rights of PWDs and improve PWDs’ measures to implement the rights of PWDs; access to education, employment, infor - provide accessible information to persons mation and social and health care systems.

10 Article 4 of the CRPD sets up the general obligations of States Parties to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

• Governments, private businesses and The ratification of the CRPD puts a clear all other partners will be obliged to ad - onus on the governments to report on their dress the issues of accessibility and rea - progress or lack of progress in advancing sonable accommodation for PWDs in the rights of PWDs. Although the convention all areas of life. does not include specific features ensuring • Individualized support measures with re - strict domestic compliance, governments gard to PWDs will have to be introduced are required to demonstrate good faith efforts and/or expanded. to progressively achieve their obligations. As • Governments will be required to conduct the convention establishes transparent mech - active consultation with PWDs in framing anisms for effective monitoring, the progress laws and policies that affect them and and achievements of ECIS countries could involve PWDs in monitoring of their im - be assessed, and effective strategies identified plementation. and widely disseminated. • It will facilitate international cooperation Ratification and full implementation of the in promoting the rights of PWDs, knowl - convention will take time, resources, and con - edge, mobilization and sharing of effective tinuous government commitment. Country- practices and approaches. specific action plans towards ratification and • General public awareness about the hu - implementation of the CRPD should be devel - man rights of PWDs will be increased. oped through extensive consultations of the • The opportunities for building capacities governments, employers, educators, social serv - of NGOs of PWDs will be increased. ice providers, medical professionals, PWDs and all other relevant stakeholders (see Chart 1).

Chart 1: International Convention on the Rights of Persons with Disabilities: after 19 ratification

Legislation is Policies and Monitoring and CRPD is ratiﬁed aligned with CRPD programs are developed public reporting requirements and implemented MEASURES SUPPORTING 5 RATIFICATION OF THE CONVENTION

Different ECIS countries face different UPR is a State-driven process, under the challenges and have distinct capacities to auspices of the Human Rights Council, which address the human rights of PWDs and meet provides the opportunity for each State to society’s obligations to provide an enabling declare what actions they have taken to im - environment by removing the physical and prove the human rights situations in their social barriers to participation in the everyday countries and to fulfil their human rights life of PWDs. In many ECIS countries policy obligations. As one of the main features of makers favor an evolutionary and incremental the council, the UPR is designed to ensure approach to promoting the rights of PWDs, equal treatment for every country when rather than a dramatic change of the modus their human rights situations are assessed. operandi through ratification of the CRPD. The ultimate aim of this mechanism is to In order to help decision makers and society improve the human rights situation in all at large to recognize the importance of rati - countries and address human rights violations fication of the CRPD and its subsequent im - wherever they occur. plementation, the transformation process The UPR is based on objective and reliable 20 should utilize all existing instruments, such information of the fulfilment by each State as international directives and support as of its human rights obligations and com - well as national experiences and resources mitments in a manner which ensures uni - (see Chart 2). Suggestions provided below versality of coverage and equal treatment should be viewed as guidance only and they with respect to all States. The UPR ensures should be adjusted to address each country’s that all countries are accountable for progress specific circumstances in supporting ratifi - or failure in implementing its recommen - cation of the CRPD. 11 dations. When the time for the second review of a State comes they must provide infor - mation on what they have been doing to 5.1. Use the Universal Periodic implement the recommendations made Review to emphasize the during the first review four years earlier. The importance of ratiﬁcation of international community will assist in im - plementing the recommendations and con - CRPD to the advancement of clusions regarding capacity-building and human rights of PWDs technical assistance, in consultation with the country concerned. If necessary, the The Universal Periodic Review (UPR) is a council will address cases where States are unique process which involves a review of not cooperating. the human rights records of all 192 UN NGOs can submit information which can Member States once every four years. 12 The be added to the other stakeholders’ report

11 More information can be obtained from UNDP, Questions and Answers: Basic Ratification Guidelines for the CRPD. 12 United Nations Human Rights, Office of the High Commissioner for Human Rights, Universal Periodic Review, http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx; and UNDP BRC, Universal Periodic Review: A national - ly-owned human rights agenda, http://europeandcis.undp.org/governance/hrj/show/82FEB281-F203-1EE9- B32783BA7CCF63B1 PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

Chart 2. ECIS-specific strategies promoting ratification of the CRPD

Develop Action Plan

Align legislation Involve and empower with CRPD PWDs and DPOs

Use URP Ratification Address attitudinal process of CRPD barriers

which is considered during the review. The of action and building their capacity to ratify information they provide can be referred to the CRPD as a part of the UPR. NGOs, in par - by any of the States taking part in the inter - ticular, can be supported in developing their active discussion during the review at the written submissions to the UPR process ad - working group meeting. NGOs can attend vocating the necessity of ratification of the the UPR Working Group sessions and can CRPD. In Tajikistan, UN Women strengthened 21 make statements at the regular session of the capacities of civil society to advocate the Human Rights Council when the out - the ratification of the convention as well as comes of the State reviews are considered. to promote the accessibility of services and In the ECIS, all countries have already infrastructure, health and education facilities undergone the UPR of their human rights and institutions for both children and adults practices and it has proved to be an effective with disabilities. The NGO Bureau for Human tool to change the views and attitudes of Rights was supported in conducting a mon - decision makers towards the rights of PWDs. itoring study that was included into the UPR As ratification and implementation of CRPD report prepared by public associations in is recommended to many countries in the Tajikistan. region and many governments have agreed to do so, it is essential to provide extensive support to national partners in the imple - 5.2. Revise the existing legislation mentation of this recommendation. Mon - tenegro, for example, ratified the CRPD and to align it with CRPD 13 the optional protocol thereto in 2009, in re - requirements sponse to the UPR recommendations. Support should be provided to NHRI, The national legislation should be revised governments and NGOs in developing plans to harmonize it with the provisions of the

13 It is advisable for partners involved in revising the existing legislation to be guided by Article 4 of CRPD that sets out general obligations of State Parties. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

CRPD. There may be declarations on rights port country’s ratification of the CRPD, a of PWDs in general law (e.g., the constitution system monitoring the situation of PWDs may prohibit discrimination on the ground has been developed and tested. of disability), laws that mentions PWDs, or In Albania, UNDP’s project conducted a special laws developed for PWDs. The analysis study that examined compliance of the ex - of the legislation will demonstrate the degree isting legal and policy framework with the of protection or promotion of rights of PWDs CRPD. Once gaps were identified and rec - and the extent of laws’ alignment with key ommendations developed, work on a new provisions of the convention. The review will act on inclusion of and accessibility for reveal also the degree of mainstreaming of persons with disabilities began. The new law inclusion and access in legislation and identify aims to cover those issues that are specific the legal provisions ensuring equal rights of to PWDs, while most rights will be integrated PWDs. in the mainstream legislation. An action plan Once the laws are reviewed and analyzed, for the implementation of the CRPD will be they should be revised and aligned with the developed that will include the budget im - CRPD’s human rights model, approaches and plications of ratification. 15 language. Such key terms as discrimination Some areas such as the human rights of and accommodation should be clearly defined mentally ill people should be covered in leg - to ensure proper implementation. 14 The dis - islation through the lens of the CRPD. In ability legislation should also clearly outline Azerbaijan, for instance, like in many ECIS 22 the enforcement mechanism, including any countries, there is no mental health policy sanctions or penalties for non-compliance. and strategic plan. Mental health services In Serbia, for example, UNDP supported the are not fully covered by social insurance. Al - harmonization of Serbia’s legislation with though there is a human rights review body provisions of the CRPD through expert analysis in the country, this authority does not consider that resulted in proposals for amendments issues related to the human rights protection of legislation and adoption of new relevant of mentally ill people on a regular basis. 16 laws, including the draft law on the official use of Serbian sign language and the draft law on professional rehabilitation and em - 5.3. Develop an action plan, ployment of persons with disabilities. In Belarus, the UNDP project, after exam - including speciﬁc steps that ining the current legal framework on disability, have to be undertaken to initiated amendments to the relevant legis - ratify the convention lation and provided specific recommenda - tions. These recommendations were used The government moving towards ratifi - by the Ministry of Labour and Social Protection cation of CRPD should be well aware of leg - in drafting the Law on Accession of the Re - islative, policy and budgetary implications public of Belarus to the CRPD, which was of ratifying CRPD and should have sufficient submitted to the Parliament in 2011. To sup - capacity to implement it. Such areas as con -

14 In Turkey, for instance, Article 14 of the Disability Law (Özurluler Hakkında Kanun) prohibits discrimination and also envisions the obligation of reasonable accommodation. However, neither in the law nor in any other legislation, concepts of discrimination and reasonable accommodation are defined. In addition to this, the law does not indicate any sanctions in cases of violations of these obligations. See, Turkey, Submission to the United Nations Committee on Economic, Social and Cultural Rights , Pre-Session, 25-28 May 2010. 15 See, for instance, Republic of Albania, National Strategy on People with Disabilities . 16 World Health Organization and Ministry of Health of the Republic of Azerbaijan, The Mental Health System in the Republic of Azerbaijan , Baku 2007. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

ducting research, developing policy options, the implementation of the strategy at national conducting policy assessments as well as and local level, including activities, indicators estimating costs of new policy initiatives in of implementation, outcomes and impact; the area of disability should be strengthened development of the sample matrix for mon - in preparation for CRPD ratification. itoring the implementation of the strategy, Support can be provided by developing along with implementation of monitoring a comprehensive action plan, which is required indicators that are consistent, as much as to ratify the CRPD. Working groups including possible, with those of the CRPD and others areas.

Governments’ capacities as duty-bearers should be 5.4. Create and enhance strengthened in all aspects of consultation mechanisms for legislation, policies and PWDs’ involvement in decision programme development and making. 18 Strengthen implementation capacities of DPOs.

PWDs are “rights-holders” and they should representatives from the parliament, the gov - be able to claim and exercise their rights ernment, key ministries responsible for in - and have the power and capabilities to clusion of PWDs and DPOs can be supported change their own lives, improve their own in developing such plans. Some governments communities and influence their own des - may be hesitant to ratify the CRPD because tinies. To make sure that the voices of PWDs they anticipate that significant budget allo - are heard and that politicians realize that 23 cations are needed. To address these concerns, the electorate is supportive of CRPD ratifica - the action plan should include tentative tion, it is necessary to empower PWDs and budget estimates. As illustrated by UNDP strengthen their capabilities to demand and Croatia, carrying out an economic modelling use their rights through democratic political of the costs of current and proposed steps processes. to support PWDs is an important initial step PWDs should not face barriers to effective in ratifying and implementing the convention. participation in civic life and decision-making In addition to supporting development of processes on the basis of equality with others. such action plans, it is important to support In the area of voting rights restrictions should governments in developing reporting re - only be allowed where no measures can be quirements and implementation reports. 17 taken to accommodate the needs of PWDs UNDP Croatia supported the government in to allow them to participate in elections. Po - introducing indicators of the CRPD into the tential measures to address their needs National Strategy for Equalization of Oppor - include the provision of clear explanations tunities for Persons with Disabilities 2007– throughout the electoral process; usage of 2015. More specifically, support was provided simple language and sentences accompanied in analyzing the methods of reporting on by illustrations; allowing PWDs to choose a

17 See, for instance, Government of Montenegro, Report on Implementation of the Action Plan for Implementation of the Strategy for Integration of Persons with Disabilities in Montenegro , 2010. 18 The partners should be guided by Article 4 (3) of CRPD that sets requirements for State Parties to closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations in all decision-making processes concerning issues relating to persons with disabilities. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

person of their choice to serve as personal in all areas of government operations, in - assistant throughout the voting procedure, cluding policy design, implementation as etc. 19 Politicians should hear the voices of well as monitoring of programmes and service PWDs and realize that ratification of the CRPD delivery at the local level. PWDs’ involvement reflects PWDs’ aspirations. Establish effective consultation processes and practices based on the hu - ALL DPOs should unite their man rights model of disability . CRPD em - eﬀorts and advocate the need phasizes the importance of consultative mechanisms involving PWDs. To ratify the for CRPD ratiﬁcation CRPD, a high degree of participation of PWDs in this process should be ensured and this participation must be active, free and mean - in policy making is critical for buy-in and on - ingful. PWDs should have multiple venues going cooperation and ensuring that all rel - to correspond and communicate directly evant factors and views are considered and with policy makers concerning issues of im - is fundamental to successful ratification of portance to them. the CRPD. In Tajikistan, for example, the in - Multiple opportunities for PWDs to be ternational NGO Mission East is implementing heard by decision makers should be expand - a project strengthening the capacity of civil ed. Examples include round tables, working society in the Kulyab District to engage more 24 groups and targeted consultations with po - effectively in advocacy which will improve tential beneficiaries that help to identify the application of legal frameworks on rights PWDs’ perspectives and aspirations, improve of PWDs, as well as find ways to improve ed - the information base and help the decision ucation and work opportunities through makers gather information on all the potential both advocacy and direct service provision. 20 consequences of the current or new policies Strengthen capacities of all DPOs. and programmes promoting the rights of DPOs, as NGOs that are established, governed, PWDs. Consultation, for example, as one of and managed by the PWDs, play a significant many mechanisms of public involvement role in promoting the human rights of PWDs. into policy making could be utilized to create In some countries, DPOs include specialized consensus, explore ideas, ensure acceptance organizations and civil society organizations of the CRPD ratification action plans, and in - (CSOs) which work for PWDs. There are also crease transparency in decision making. Con - organizations that are committed to the sultative approaches have been widely utilized cause and which help their members to across the ECIS to solicit PWDs’ input into share their experiences and information on disability draft laws (e.g., Albania, Uzbekistan, available training and employment oppor - Ukraine). tunities as well as organize social activities To promote participatory approaches to and represent PWDs to local authorities. policy making, it is necessary to institutionalize As PWDs are a heterogeneous group mechanisms encouraging active PWD in - with different needs and strengths, DPOs volvement and strengthen the capacity of may be advocating the narrow interests of public servants to work with them. These their members with virtually no impact on may include involvement of PWDs and DPOs promoting rights for all PWDs and ratification

19 European Agency for Fundamental Rights, The right to political participation of persons with mental health problems and persons with intellectual disabilities , 2010. 20 http://www.miseast.org/en/tajikistan/equipped-change-building-civil-society-disability-advocacy PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

of the CRPD. In the ECIS countries there are In many ECIS countries there is a lack of usually two groups of DPOs: 1) DPOs ac - cohesion among disability organizations, cording to the type of impairment (e.g., blind, with few opportunities for, or examples of, deaf, psycho-social and sensual) that have coalition building among the DPO commu - been traditionally supported by governments; nity. Although lack of funding may be a and 2) DPOs that emerged in the transition common reason for limited collaboration of period and are not funded by the state. It is DPOs, capacity-building interventions may important that the capacity-building inter - focus on coalition building, closer collabora - ventions target both groups of DPOs to tions among disability organizations and crit - ensure that the voices of all PWDs are heard ical resource sharing to ensure that PWDs in decision-making processes. act as one front in advocating ratification Political will is definitely needed to pro - and implementation of the CRPD. 23 mote the human rights of PWDs and ensure In Ukraine, as a result of extensive advocacy ratification and implementation of the CRPD. campaigns of the National Assembly of The public pressure for reform is low and People with Disabilities of Ukraine and the many PWDs do not know their rights and Coalition for the Rights of People with intel - do not claim them. 21 DPOs can play an im - lectual disabilities, Ukraine ratified the CRPD portant role in building such political will. As in 2009. The National Assembly encompasses DPOs are often lacking in strength and skills 22 all-Ukrainian and 68 regional civic organ - to interact with the government, support izations of PWDs. It is a recognized social should be provided to build DPOs’ capacity partner of the government in such areas as in effective consultations with the govern - conducting expert evaluation and monitoring ment. Once equipped with the necessary of national legislation, particularly of the knowledge and skills, DPOs advocating on president’s decrees, as well as acts and decrees behalf of PWDs would be able to promote issued by the government as they pertain 25 transparency and accountability in decision to disability matters. The National Assembly making in the area of disability, human rights initiated in 2007 a lobbying campaign to and policies, promote their interests at the have Ukraine sign and ratify the CRPD. Nu - national and local levels and strongly advocate merous public hearings, round tables, and ratification of the CRPD. 22 Training can be press conferences were conducted to dis - provided on such topics as leadership and seminate information among all stakeholders working with decision makers. UNDP Serbia, on the CRPD and the importance of its ratifi - for example, provided support for the watch - cation and implementation. Extensive meet - dog and advocacy activities of DPOs. Through ings with government decision makers and these interventions, the capacity of DPOs to parliamentarians on the CRPD were con - represent their interests and raise awareness ducted as well. about the living conditions and daily problems In the Western Balkans, the European faced by PWDs was raised. The national um - Disability Forum, with the financial support brella organization, which is a union of 13 of the European Commission (EC), imple - national DPOs in Serbia, whose leaders rep - mented a project creating a unified disability resent a half of a million PWDs was also sup - movement in the Western Balkans region ported. (Albania, Bosnia and Herzegovina, the Former

21 Karolina Österblom, Persons with disabilities in Romania, Context Analysis , 2008 22 UN Women in Tajikistan supported NGO Bureau of Human Rights and Rule of Law to prepare Implementation of Rights of People with Disabilities in Sogd Oblast: Report on Monitoring Outcomes , 2011 23 Daniel Holland, “The current status of disability activism and non-governmental organizations in post-communist Europe: preliminary findings based on reports from the field”, Disability & Society , Vol. 23, No. 6, October 2008, 543–555 PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

Yugoslav Republic of Macedonia, Montenegro, society holds the Albanian government ac - Serbia and Kosovo). The project strengthened countable and helps in mainstreaming dis - the capacity of disabled people’s organizations ability rights into the agenda of reforms and and improved cooperation, through the es - policies. tablishment of umbrella organizations of PWDs. In this way, DPOs became more efficient and more present in policy making 5.5. Address attitudinal barriers to in the Balkans region, and therefore able to disability and ensure wide 24 promote the rights of PWDs. In Tajikistan, public support for ratiﬁcation French NGO Handicap International in part - nership with four Tajik NGOs is implementing of the CRPD a two-year project empowering representative organizations of PWDs. Through the project In the ECIS, PWDs are often not seen as the technical capacities in advocacy, disability an asset, that is, as people with talent and rights and related instruments of DPOs at creativity and the ability to contribute to so - the national level, and their branches and ciety. There is also a genuine and widespread self-help groups at local level, have been lack of understanding that most PWDs can strengthened. 25 in fact function effectively at work, school, DPOs could play an important role in and with society, if given adequate support. monitoring the implementation of the con - Understanding what citizens think about 26 vention as well as other government strategies PWDs and about disability legislation and and plans promoting the human rights of policy is vital to the ratification of the CRPD PWDs. In Albania, for instance, the Albanian and its successful implementation. Disability Rights Foundation, which is a non- governmental organization that advocates for the human rights of PWDs, monitors im - “Attitudes play a major role in plementation of the National Strategy for determining whether people People with Disabilities. 26 The foundation with disabilities experience prepared and released a number of reports social exclusion. Social based on surveys by government officials at exclusion risks for a person the central, regional and local level, who with disabilities doubles when provided official information on the status of progress on the measures assigned to a signiﬁcant portion of the their offices, as well as representatives of population (at least one third) four national disability NGOs. The reports opposes inclusive measures.” found that the state agencies often fail to meet the goals of the national strategy and UNDP BRC, Regional Human Development that awareness and accountability have to Report Beyond Transition: Towards Inclusive be improved at all levels. Constant monitoring Societies, 2011 of the national disability strategy by civil

24 Western Balkans and the enlargement process (European Commission website) and http://www.edf-feph.org/Page_Gen - erale.asp?DocID=13373 25 The project is funded by the European Union and more detailed information can be obtained at: http://eeas.europa.eu/del - egations/tajikistan/press_corner/all_news/news/2010/20101210_01_en.htm 26 The monitoring and preparation of the reports was enabled through the financial support of the United States Agency for International Development (USAID) under the programme of “Promoting the Human Rights for people with Disability in Albania”. More information on activities and publications of the Albanian Disability Rights Foundation can be found at http://www.adrf.org.al. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

Public attitudes may themselves be critical individuals, employers and others in removing to either advancing or hindering the inclusion barriers to PWDs. of PWDs. What people believe about indi - A survey of public attitudes towards PWDs viduals with disabilities underlies the treat - was carried out by UNDP in Belarus and its ment of those individuals in all aspects of findings were integrated in the background their lives. If the public believes that PWDs study on the advantages and risks of Belarus’s are incapable of full participation in society, accession to the convention and in planning these attitudes shape a paternalistic public information and education activities for the policy on disability. To support continuous year 2010. It found, in particular, that pater - advancement of the human rights of PWDs, nalistic attitudes to PWDs dominate in society. public awareness-building interventions Limiting the activity of PWDs is perceived as should be comprehensive and strategic to a humane approach, serving their best in - achieve long-term effects and build strong terests. However, the proportion of respon - societal support of the CRPD. Other potential dents favouring the integration of PWDs into interventions include fostering at all levels professional and community life increases of the education system, including in all with their educational attainment level. children from an early age, an attitude of re - In Turkey, the Administration for Disabled spect for the rights of PWDs and encouraging People with the partnership of the human all organs of the media to portray PWDs in a rights presidency implemented a project en - manner consistent with the purpose of the titled Fighting Against Disability Discrimination CRPD. 27 in Turkey. The project produced a report To obtain better data on public percep - based on an extensive survey of PWDs that tions of disability and to raise public awareness, examined the pattern of discrimination in it is beneficial to conduct nationwide public such diverse areas as employment and work - opinion surveys focusing on disability issues. ing life, health care, education, political par - 27 These surveys can examine how citizens ticipation, access to justice, participation in view the capabilities of PWDs, how much leisure activities, integration into society, experience they have with disability, and access to information, etc. 28 how they perceive PWDs in schools, work - Negative prejudice and stereotypes to - places and the community. They can also wards disability cannot be overcome solely ask about citizens’ perceptions of barriers by legal regulations and integration policies. 29 and discrimination, while also examining the Specific measures have to be implemented views of PWDs (their self-perception, their that target individuals’ cognitions, emotions, and their families’ prejudices) in order to de - and behaviours towards PWDs. 30 It is necessary velop adequate programmes for empower - to incorporate some components aimed at ment of PWDs and improved self-image. The changing mindsets of decision makers, public surveys can uncover negative perceptions servants, employers and ordinary people to - and unfounded beliefs, which may be unac - wards disability in ALL programmes and proj - knowledged and often hidden, towards dis - ects promoting the human rights of PWDs. ability. They may also explore public beliefs As disability is traditionally seen from the about the role of governments, NGOs, families, medical perspective in the belief that disability

27 See CRPD, Article 8, Awareness-raising. 28 Prime Ministry Administration for Disabled People, The Research on Measurement of Disability Discrimination , 2010, http://www.ozida.gov.tr/ayrimciliklamucadele/eng/report_full.pdf 29 Ibid. 30 Barbara Krahé and Colette Altwasser, “Changing Negative Attitudes Towards Persons with Physical Disabilities: An Experimental Intervention”, Journal of Community & Applied Social Psychology , 16: 59–69 (2006). PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

UNDP Kazakhstan devoted a National Human Development Report (NHDR) to the rights of persons with disabilities. NHDR preparation provided an opportunity for the representatives of the government and persons with disabilities to discuss common problems together and elaborate joint recommendations. In general, the NHDR process created opportunities for more extensive public, civil society and PWDs involvement in the development of national policies promoting the human rights of persons with disabilities.

UNDP Kazakhstan, National Human Development Report 2009, From Exclusion to Equality: Realizing the Rights of Persons with Disabilities in Kazakhstan, 2009.

can potentially be prevented or managed by collating and sharing the information by medical treatment, many people believe about the skills and successful strategies uti - that PWDs cannot be educated and employed lized by PWDs employed in their chosen ca - and hence should rather be beneficiaries of reer. It is beneficial to have PWDs lead some charity. Many parents believe that children of the training courses so that participants 28 with disabilities represent some kind of threat can better understand the importance of or concern to their children, if mainstreamed disability issues. Media information aware - into the classroom. Employers often believe ness-raising campaigns about the rights of that PWDs are unable to work and often PWDs, including participation in talk shows, “dump” them into certain jobs instead of regular television and radio programmes, as placing them selectively according to their well as newspaper articles, including case abilities and interests. Many PWDs are unaware studies of PWDs, should be implemented. It of services and support for which they are is necessary also to raise public awareness eligible and have low self-esteem which pre - of disability matters at traditional festivals vents them from exploring employment and and such public events as the International self-employment opportunities. Day of People with Disability. UNDP Serbia, Awareness-raising interventions should for example, supported the publication of a be based on the data obtained from such number of guidebooks on the rights of PWDs: surveys and customized to different audiences Guide on Accessibility, Guide for Employment such as parents, employers, public servants, of Persons with Disabilities, Women with Dis - the general public and PWDs. As one of first abilities in Serbia, and Examining the Policy- steps, the convention and related resources Practice Gap: Social Protection Services for can be translated into the language(s) of Persons with Disabilities . the country. Targeted campaigns can explain It may be beneficial to develop a special to employers, for instance, that PWDs have a publication for parliamentarians on the CRPD range of skills and abilities and can do jobs to assist them in the process of adjusting as well as their non-disabled peers. 31 PWDs’ the national legislation to convention re - confidence in pursuing education and/or quirements. The publication may explain in employment opportunities can be boosted practical terms the rationale and objectives

31 See CRPD, Article 27, Work and employment. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

of the convention, and explore the ways in The impact of training courses on journalists’ which the parliament can translate the rights views on disability was significant and long and principles at the core of the convention lasting. An independent content analysis of into tangible action. 32 the press indicated that, as a result of the UNDP Uzbekistan conducted a training training, the number of publications based course for journalists on how to cover the is - on an inclusive model towards PWDs tripled sues of disability through social inclusion. in three years.

32 Although UN Enable produced the Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities (http://www.un.org/disabilities/default.asp?id=212), it may be beneficial to customize it to local circum - stances. MEASURES SUPPORTING THE SUCCESSFUL IMPLEMENTATION OF THE CONVENTION 6 AND OTHER DISABILITY LEGISLATION

Following ratification of the CRPD, gov - institutions protecting the rights of PWDs in ernments as duty-bearers have to ensure advanced industrialized and democratic implementation of the commitments un - states. Many reformers are still naïve in be - dertaken and mainstream the human rights lieving that the legislation and institutions of PWDs, linking them to their economic, for the oversight, monitoring, coordination social, education and access to justice legis - and enforcement of PWDs’ rights would au - lation and policies. Governments are obliged tomatically function once established. Second, to establish the mechanisms necessary for reformers in the ECIS do not invest sufficient ensuring compliance with the convention energy and resources into ensuring the and designate one or more focal points proper functioning of new legislation and within government for matters relating to institutions. The institutions responsible for its implementation. It can be a primary, cen - the implementation of disability legislation tralized body to monitor compliance located do not have sufficient institutional capacity, at the centre of the government, coupled skills and budgets to ensure timely, consistent with a detailed reporting mechanism. 33 Sup - and effective implementation of the disability 30 port can be provided in establishing such a legislation. Third, old medical models continue centralized body and developing accounta - to matter and influence all sectoral disability bility and public reporting mechanisms. policies and programmes, and line ministries Many countries in the region provide do not have the capacity to effectively operate constitutional rights to the PWDs and have a human rights model of disability legislation ratified the CRPD, but they are slow in im - and implement the CRPD in their respective plementing their commitments in practice. sectors. Fourth, a rights-based social approach PWDs often cannot access certain social requires a high degree of participation from services, enrol into mainstream schools, and obtain employment. Welfare assistance and transfer systems often remain inefficient, in - CRPD implementation does sufficient and not well targeted, so that the not deal only with the diverse rights of PWDs remain unfulfilled. expansion of services and PWDs are rarely seen on the streets of the programmes supporting ECIS countries, which is a clear indication PWDs. The focus should be that cultural traditions and public attitudes and superstitions based on medical and made on promoting rights charity models of disability continue to dom - and empowerment of persons inate. with disabilities. There are several reasons behind the slow pace of implementation of CRPD commit - ments. First, it is relatively easy to adopt dis - PWDs and this participation must be active, ability legislation and establish formal insti - free and meaningful. Often, public adminis - tutions corresponding to the legislation and trations in the ECIS do not have the capacity

33 See, CRPD, Article 33, National implementation and monitoring. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

to engage in effective consultations with Some ECIS countries have already acceded DPOs and PWDs. to the EU or plan to do so in the near future, The UN system in Moldova, for example, which has resulted in more explicit policies has identified the following challenges and concerning disability rights. Even in these obstacles to the full implementation, at national states the changes in practical terms for citi - level, of the CRPD that reflect the overall situ - zens with disabilities have not been significant ation in the region. Some key issues include:

• intensely medicalized views of PWDs em - The view on the relationship bedded in the relevant professions, as between the state and the well as throughout government; individual should be • a strong social stigma with regard to PWDs, as well as their families; fundamentally changed so • a rigid system of classifying “invalids”, that the government oﬃcial at which in practice, inter alia, excludes the all level will meet their duties majority of PWDs from access to social towards PWDs and the inclusion measures; individuals with disabilities • the lack of anti-discrimination law pro - will become aware of their viding an effective ban on discrimination on grounds of disability, combined with entitlements and mechanisms patterns and practices of unchallenged to protect their human rights. discrimination against PWDs; • the deep reliance on the use of institutions to address disability – in particular mental due to poor implementation, lack of emphasis and intellectual disabilities – as well as on disability rights on the part of most NGOs 31 disability-related social issues; and few consequences for those who trans - • the lack of mechanisms for the integration gress stated policies. 35 As a result, in all ECIS of PWDs into the work force; countries the disability legislation, including • the de facto exclusion of PWDs from CRPD, remains poorly funded and poorly im - schooling, as well as non-provision of plemented. equal schooling in institutions for people The most challenging and complicated with mental disabilities, social care homes, task in ensuring compliance with the CRPD and related institutions; that has to be accomplished in all ECIS • strong barriers to the right to marry and countries is to ensure that policy and pro - found a family by PWDs; grammes are developed and implemented • generalized construction practices ex - from the perspective of the human rights cluding persons with physical disability of PWDs. The reasons why PWDs are unable from a range of public places, including to enjoy their rights, such as discriminatory official public institutions; laws, attitudes, inadequate policies and • the lack of available resources for PWDs social practices should be identified. A thor - on the part of the state, as well as the ough human rights analysis of social barriers misdirection of social assistance to classes that PWDs face should help practitioners of persons who may not necessarily be design appropriate and informed policy in - most in need; etc. 34 terventions.

34 United Nations Moldova, Memorandum to the Office of the High Commissioner for Human Rights , 2010. 35 Daniel Holland, “The current status of disability activism and non-governmental organizations in post-communist Europe: preliminary findings based on reports from the field”, Disability & Society , Vol. 23, No. 6, October 2008, 543-555. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

This chapter examines how the CRPD In addition to the UPR process, recom - can be translated into specific, logically-se - mendations in the area of disability can be quenced actions, policies and programmes developed by such treaty-based bodies as promoting the human rights of PWDs that the Human Rights Committee, the Committee reflect realities of the ECIS. It provides specific on Economic, Social and Cultural Rights, the suggestions on how to develop and imple - Committee on the Elimination of Racial Dis - ment policies and programmes advancing crimination, the Committee on the Elimination the realization of human rights of PWDs. Im - of Discrimination against Women, the Com - plementation of the CRPD should be com - mittee on the Rights of the Child, the Com - prehensive in its consideration of the full mittee on the Rights of Persons with Disabil - range of indivisible, interdependent and in - ities and others. There are currently 10 human terrelated civil, cultural, economic, political rights treaty bodies, which are committees and social rights of PWDs. Regardless of of independent experts. Nine of these treaty whether an ECIS country has ratified the bodies monitor implementation of the core CRPD or not, the disability agenda should international human rights treaties. The treaty be incorporated into general development bodies are created in accordance with the plans by adopting a human rights-based in - provisions of the treaty that they monitor. stitutional framework and operationalizing The Committee on the Rights of Persons multi-sectoral policies and monitoring in - with Disabilities monitors implementation struments. Specific interventions that can of the CRPD. 32 support the implementation of the CRPD The treaty bodies perform a number of are discussed below. functions in accordance with the provisions of the treaties that created them. One of their important roles is to consider State 6.1. Use the Universal Periodic parties’ reports. The countries that ratify one Review, treaty bodies and of these treaties incur an obligation to submit regular reports to the monitoring committee special procedures of the UN set up under that treaty on how the rights recommendations to advance are being implemented. In addition to the the disability agenda government report, the treaty bodies may

Chart 3. Towards full Implementation of CRPD: Selected ECIS-specific strategies

Improve definitions and statistics on disability

Promote accessibility Promote individulization in all areas of supports

Operationalize CRPD into Full implementation Enhance access policies and programs of CRPD to justice PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

receive information on a country’s human recommendations and on developing skills rights situation from other sources, including and knowledge to meet them. At the level NGOs, UN agencies, other intergovernmental of civil society, they may help to identify organizations, academic institutions and the specific areas of how broad-based participa - press. In the light of all the information avail - tion of DPOs in the national policy process able, the Committee examines the report can be supported to improve the design of together with government representatives. policies and strategies addressing the rec - Based on this dialogue, the committee pub - ommendations. If the broader constituencies lishes its concerns and recommendations, that are empowered institutionally become referred to as “concluding observations”. 36 an integral part of addressing the recom - In addition to treaty-based bodies, rec - mendations of the UN human rights bodies, ommendations in the area of disability can they can contribute their knowledge and be developed through special procedures understanding of specific local conditions, of the UN, which is the general name given and become personally involved in their im - to the mechanisms established by the Human plementation, which ultimately increases Rights Council to address either specific commitment on the part of broader audi - country situations or thematic issues in all ences. In addition, the recommendations parts of the world. 37 Special procedures man - may inform development of targeted media dates usually call on mandate holders to ex - information awareness-raising campaigns, amine, monitor, advise and publicly report organization of special events and presenta - on human rights situations in specific countries tions to build public confidence in the im - or territories, known as country mandates, portance of addressing them. or on major phenomena of human rights vi - As multiple partners, such as UNDP, UN olations worldwide, known as thematic man - Women, the Organization for Security and dates. Various activities are undertaken by Co-operation in Europe (OSCE), the World 33 special procedures, including responding to Health Organization (WHO), the United Na - individual complaints, conducting studies, tions Population Fund (UNFPA), the United providing advice on technical cooperation Nations Children’s Fund (UNICEF), the EU, at the country level, and engaging in general unilateral donors and foundations are funding promotional activities. and implementing multiple interventions When the recommendations of the treaty promoting the human rights of PWDs, the bodies developed through the UPR and UN recommendations developed through the Special Procedures in the area of disability UPR process and special procedures as well are made available, they should inform the as recommendations of the treaty bodies development and implementation of advo - can also be used as a developmental platform cacy, policy and programme interventions to coordinate the efforts of all partners in at the national level. They may guide devel - promoting the disability agenda. It is important opment of a series of interventions promoting to conduct regular consultations with the the rights of PWDs through building a strong government, DPOs and development partners and long-lasting political will and capacity, to ensure the clear separation of roles and and public support of the disability agenda. responsibilities in all projects promoting the For instance, public service capacity-building human rights of PWDs. Effective partnership interventions may focus on addressing the will help to avoid the overlapping of efforts

36 For more information, see Office of the United Nations High Commissioner for Human Rights, Human Rights Treaty Bodies, http://www2.ohchr.org/english/bodies/treaty/index.htm 37 Ibid. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

and facilitate effective sharing of information as well as estimating costs of new policy ini - and promotion of successful practices. tiatives. Improve interministerial coordination in the area of disability .38 Often in the ECIS 6.2. Support eﬀective countries each of the ministries and state in - operationalization of the stitutions responsible for disability matters existing disability legislation has its own strategy and its own programmes. Often these strategies and programmes are into policies and programmes not harmonized with or integrated into the and strengthen the capacity vision of the national development strategy. of the public service In addition, all ministries have their own re - porting and statistics systems. Often disability laws, regulations and poli - Disability should be mainstreamed across cies remain statements of good intentions all policy sectors that may contribute to in - without any follow-up implementation and creasing awareness of disability, thereby mak - proper reporting. To address these systemic ing each policy sector apply a disability per - gaps, the capacities of duty-bearers should spective when establishing policies. In addition be strengthened to meet their human rights to mainstreaming, interministerial coordination positive obligations (to protect, promote and should be improved to address the rights of provide) and negative obligations (to abstain PWDs. As different ministries typically share 34 from violations). Governments have to be responsibility for different interventions sup - supported in operationalizing the CRPD re - porting PWDs, such as paying cash benefits, quirements into specific policy implemen - providing social assistance, helping with tation plans in all respective areas, such as labour market re-integration, a proliferation employment, education, accessibility and of different disability programmes, each fo - others. The disability plans should include cused on a specific problem, may lead to in - the timetable for delivering a policy, the sufficient attention being paid to the needs roles and responsibilities of all those involved of the individual PWD as a whole person in delivery, and the resources allocated to and inefficient use of resources. As PWDs the policy. The plans could also include face multiple barriers to exercising their specific targets, performance measures and human rights, the integrational and com - indicators measuring policy success. prehensive approaches to disability should The roles and responsibilities of partner be developed and implemented to ensure ministries should be clearly outlined . A the sustainability and long-term impact of comprehensive list of legislative and policy disability interventions that is impossible initiatives planned by the ministries and the without effective interministerial coordination. necessary budget allocations that ensure Although many ECIS countries encourage compliance with the CRPD can be developed. or even mandate interministerial consultations, Targeted support can be provided to strength - the policy coordination mechanisms are en the analytical capacity of line ministries weak, the roles of line ministries are not in policy making and implementation. A par - always clear, but above all coordination is ticular focus can be made on such areas as initiated at later stages of policy development conducting research, developing policy op - where the policy is almost fully developed. tions, conducting ex-ante policy assessments In the absence of effective collaboration,

38 See CRPD, Article 33, National implementation and monitoring. The article requires, in particular, State Parties to give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

silo-based thinking about disability policies portunities, and composed of seven ministers will continue to dominate. and five chairs of national associations (blind There is a range of strategies that promote people, paraplegic people, people who be - effective disability policy coordination that came disabled as a result of work accidents, include: deaf people, and parents of people with in - tellectual disabilities). In Armenia, there is a • sensitizing all levels of the public service National Commission on Issues of Persons on disability matters; with Disabilities, established in 2008. It serves • establishing dedicated national intermin - as the coordination mechanism on disabilities isterial bodies responsible for disability issues. The commission is composed of the matters; 39 Minister of Labour and Social Issues (Chair - • circulating draft government submission man), the Head of the Department of Disabled materials to potentially impacted ministries and Elderly People’s Issues (Secretary), the well in advance of submission dates; Vice-Minister of Health, the Vice-Minister of • consulting closely with and actively involve Justice, the Vice-Minister of Finance and Eco - PWDs, including children with disabilities, nomics, the Vice-Minister of Education and through their representative organiza - Science, the Vice-Minister of Territorial Ad - tions; 40 ministration, the head specialist of the De - • improving the existing governance and partment of Social Affairs at the Government accountability systems to promote cross- Administration and heads of eight disability ministerial coordination; NGOs. 41 In Turkey, the Administration for Dis - • establishing a cross-ministry steering abled People was established in 1997 under committee coordinating disability-focused the Prime Ministry. The administration is a cross-ministerial policy government sub - national focal point and coordination mech - missions; anism on disability issues and is responsible 35 • using existing permanent cross-ministry for supporting the preparation of national groups or networks to seek input on dis - policies for PWDs. The administration has ability policy proposals; established the Executive Committee on Dis - • investing in the professional development abled People and the Council on Disabled of policy staff with particular emphasis People. 42 on developing the skills of cross-ministerial Ensure that decentralization promotes policy development in the area of dis - the human rights of PWDs .43 There are ability. often strong reasons for giving local govern - ments a prominent role in the delivery of Many ECIS countries established dedicated programmes and support to PWDs, as they interministerial bodies responsible for coor - can better tailor interventions to their needs, dinating all disability policies. In Albania, for assess genuine needs requiring exceptional instance, there is a National Council of Dis - support and promote policy innovations. ability-related Issues. It is chaired by the Min - Decentralization can encourage local public ister of Labour Social Affairs and Equal Op - administrations to be innovative, as they do

39 See CRPD, Article 4, General Obligations and Article 8, Awareness-raising. 40 See CRPD, Article 4 (3). 41 Department on Disabled and Elderly People’s Issues, www.mss.am/home/index.php?home# 42 Prime Ministry, Administration for Disabled People, Turkey, www.ozida.gov.tr/ENG/?menu=institutional&sayfa=con - tact 43 The following articles of the CRPD should be taken into consideration in designing and implementing decentralization: Article 19, Living independently and being included in the community; Article 24, Education; Article 25, Health; and Article 4 (5), General obligations. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

not have to follow uniform and rigid proce - work in practice. Piloting can test whether dures established by central governments. PWDs really benefit from these changes and Local public administrations can rely on the more accurately assess the costs of imple - knowledge, expertise, and experience of menting the changes nationally. In selecting local people and develop and implement a pilot site it is important to ensure that it is better targeted and more cost effective and fairly representative of the PWDs targeted efficient programmes and services. Decen - through the changes. Geographical location, tralization allows the voices of the PWDs income levels, the accessibility of government communicated to local and national decision services and unemployment levels are some makers to be heard. of the factors that should be taken into con - As the existing evidence suggests, de - sideration in choosing pilot sites. centralization does not automatically lead Conduct training of public servants to improved outcomes for socially excluded on how to design and implement human groups. The results of decentralization efforts rights-based disability policies and pro - in developing countries have been mixed. 44 grammes. Training could focus in particular As many governments in the ECIS are im - on developing skills with regard to how to plementing decentralization reforms through identify the barriers and challenges that which many of the responsibilities regarding PWDs face in exercising their rights and how programmes, support and services to PWDs to develop policies and programmes to ad - have been delegated from the central to dress them. Greater awareness of the re - 36 local level governments, it is critically important sponsibilities of public servants towards PWDs to introduce additional safeguards to ensure in discharging their duties will improve the that the rights of PWDs are observed. A new delivery of services to them. Training can be decentralized accountability model safe - delivered for national and local public servants, guarding rights of PWDs should be estab - both involving PWDs as trainers. UNDP Serbia, lished. It can be accomplished through or - for instance, helped to produce an online ganized and systematic dialogue among course for public servants to allow them to stakeholders, including local governments, find out more about the rights of PWDs. DPOs, community groups and the private sector. The minimum standards of access to basic services provided to PWDs can be es - tablished and DPOs and PWDs should be in - 6.3. Support interventions 45 volved in monitoring of local compliance. promoting accessibility Targeted training should be also provided to local public administrators on disability. Accessibility is an umbrella concept that Pilot innovative approaches to pro - refers to issues related to services, systems moting the human rights of PWDs before and policies. embarking on nationwide implementation . It is about creating an environment in It is advisable to pilot new disability policies which systemic barriers to the full participation and models promoting the rights of PWDs of PWDs are reduced or eliminated, so that in a few regions and assess how new models these people have equal access. Under the

44 G. Shabbir Cheema, “Linking Governments and Citizens through Democratic Governance”, in Public Administration and Democratic Governance: Governments Serving Citizens , UN, 2007, 7th Global Forum on Reinventing Government, Building Trust in Government, 26-29 June 2007, Vienna, Austria. 45 A comprehensive study on accessibility in South East Europe “Free Movement of People with Disabilities in South East Europe: An Inaccessible Right?”, released by Handicap International in 2006, covers such components as individualized support, accessible housing, public building and transportation. It contains many examples and recommendations and can inform interventions in the areas of accessibility. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

CRPD, States Parties are required to take ap - which restricts their opportunities to exercise propriate measures to ensure PWDs access, their rights in multiple domains. Many streets on an equal basis with others, to the physical are virtually unusable for individuals who environment, to transportation, to information rely on wheelchairs and some people have and communications, including information trouble even exiting their apartment buildings and communications technologies and sys - because of narrow doorways. The existing tems, and to other facilities and services legislation and accessibility standards are open to or provided to the public, both in poorly enforced. As a result, in Turkey, for in - urban and in rural areas. 46 stance, more than 77 percent of PWDs have Plans for removing barriers and construct - difficulty in access because of lack of necessary ing accessible buildings and spaces, services, arrangements in public places like roads, information and communication can be de - walkways, and parks. 70.2 percent of PWDs veloped and implemented. Universal design have difficulty in accessing institutions serving standards have to be incorporated into the the public for the same reason. Approximately design of buildings open to the public, the 72.1 percent cannot use local public transport provision of services, and new information and 59 percent cannot use inter-city public and communication technologies. Training transport, as they have no necessary modifi - for stakeholders should be provided on ac - cations for PWDs. 48 cessibility issues facing PWDs. 47 Support can be provided through the Accessibility should be improved in other practical application in architecture of the areas as well. New accessible information principle of universal design from the project and communication technologies have the phase, with a ban on the issuance of permits potential to improve the access to and to buildings that are not accessible. The same delivery of basic services, such as health and principle would be applied to transport. Na - education to PWDs. However, if these areas tional building codes, for example, could be 37 not accessible, they build further barriers revised to require minimum standards of ac - that inevitably limit the opportunities for cess and were applied to all buildings at the PWDs to exercise their rights. The Law on time they were being built and during major Social Support to Disabled People in Kaza - renovations irrespective of ownership. khstan, for instance, protects access to infor - UNDP Uzbekistan’s project, for instance, mation for PWDs. There are periodicals, sci - supported the Cabinet of Ministers in adopting entific journals, reference literature, and fic - a resolution on imposing fines for violations tional works that were either recorded on of the building code that requires all new CDs or in braille. The law requires one national buildings to be fully accessible. A manual for television channel to broadcast news pro - architects and builders on how to construct grammes with sign-language translation. The fully accessible buildings and infrastructure implementation of such laws addressing the in line with the accessibility requirements rights of PWDs in access to information in was developed and architects and builders the ECIS is often lacking or is only partial. were trained on how to ensure compliance The requirement of accessibility is critically with the accessibility legislation. important for ECIS, where the overwhelming Often websites are not accessible for majority of buildings, including government PWDs. To address this limitation, UNDP Poland institutions, are not accessible by PWDs, prepared and released How to make an ac -

46 See CRPD,Article 9, Accessibility. 47 For a more extensive list of measures, see the CRPD, Article 9, Accessibility. 48 The research sample was 1, 507 PWDs chosen at random sampling 63,000 people, members of 533 associations from 29 cities in 2010. See Symposium on Fighting Against Disability Discrimination, November 3-5, 2010, Ankara. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

cessible webpage, which contains guidelines In the ECIS, official data on PWDs, such for designers and content editors. Using as the prevalence of disability among children, simple terms, it presents all the elements to adults and older people at the national and make websites accessible step by step. The regional levels, as well as socio-demographic guidelines are an indispensable tool for characteristics of the population with dis - anyone engaged in website development, abilities, including their age, sex, ethnicity, including web designers and content editors. 49 marital status, educational qualifications, The publication supports the development labour force status, income, and household of websites that are accessible to blind and and family circumstances, are often insufficient, sight impaired people, those with reduced may not be accurate and may not show the mobility, deaf, dyslexic, and cognitively im - real situation with regard to their disability. 51 paired people, senior citizens, less educated As the estimates of the prevalence of disability people, those using low bandwidth Internet in ECIS countries provided in Annex 1 indicate, connections and, finally, all Internet users, the prevalence rates vary dramatically across independently of hardware and software the countries, which confirms that the defi - configurations. nitions and statistical data on disability may not accurately reflect the situation of PWDs in the region. 6.4. Clarify deﬁnitions and Develop or adopt a definition of dis - ability and specific categories of disabilities improve quality and based on the social human rights model, 38 50 availability of data relying on the best international approach - es . In the ECIS countries, as in many countries The CRPD may be ratified and policies around the world, definitions of disability promoting the human rights of PWDs may depend on the reasons for defining it, such be adopted, but the real impact of these as designing a disability pension programme measures should be monitored at the house - and defining eligibility criteria, providing di - hold and individual level. Clear and objective rections on placements of students in main - statistical data on PWDs is necessary to lay stream versus segregated school settings, the basis for sound disability-related policies determining eligibility criteria for assistive and programmes to meet the CRPD re - devices, etc. In some countries, a person is quirements. Consistent definitions of disability disabled only if she or he has impairments aligned with best international practices that permanently and completely prevent should be adopted, processes for data col - her or him from working. Other countries lection established and databases created define disability more broadly as a state of to meet the CRPD requirements and prioritize decreased functioning associated with disease, disability-related concerns in resource allo - disorder, injury, or other health conditions, cation and policy and programme devel - which, in the context of one’s environment, opment. High-quality, comparable data on is experienced as an impairment, activity disability is important for the planning, im - limitation, or participation restriction. In Bosnia plementation, monitoring, and evaluation & Herzegovina, for instance, the legal frame - of disability-focused policies and pro - work is grounded on the basic principle of grammes. respect of human rights, but its implemen -

49 UNDP Poland, How to make an accessible webpage. Guidelines for designers and content editors , 2011 50 See CRPD , Article 31, Statistics and data collection. 51 The limitations of statistical data on positions of people with disabilities in Albania, for instance, are discussed in the Swedish Helsinki Committee for Human Rights, Study and Assessment of Legislation on Disabilities in Albania , 2006. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

tation is problematic, due to the application ability has become closer to the WHO ICF of an unharmonized assessment of disability definition as result of gradual shifting from a across different categories such as war veterans medical to a social model, as well as legal with disabilities, civil victims of war and so- acknowledgement of the rights of all cate - called civil/non-war disabilities. 52 gories of the population, including children. The national definition should reflect the Additional work is needed in the area of ap - social model so that disability is determined plication of the ICF to a national clinical di - by examining the participation levels of agnosis and rehabilitation assessment, and people with different functional statuses. In in disability data collection. 55 the social model, disability is seen as a relative The description of disability should be term where impairments can be more or clear and easy to operationalize to inform less disabling, depending on the extent of multiple policy and programme decisions. social barriers existing in countries. These High-quality and succinct descriptions would barriers are often environmental, institutional help in designing an effective service delivery and attitudinal and they inhibit PWDs’ real - programme, for instance, through guidance ization of their human rights. The articulation on how to interpret the information on peo - of perhaps an “open-ended description” of ples’ functioning levels, support available what disability, an evolving concept, means within the PWD’s family and community, based on human rights and the social model and characteristics of the environment where could be helpful to identify, remove and pre - PWDs live, study and work. 56 The description vent the creation of societal barriers. of disability should also avoid defining it To ensure international comparability of from the perspective of the individual’s sat - data and be able to benefit from international isfaction with life experiences. The data about expertise, it is beneficial to depart from the quality of life, well-being, and personal satis - definitions of disability developed by the faction with life are useful for policy design 39 WHO. 53 WHO’s International Statistical Clas - and evaluation, but it is very subjective and sification of Diseases and Related Health may not necessarily reflect the presence or Problems 54 is widely used internationally to extent of disability. In this regard, the issue diagnose disorders. The International Classi - of “assessment of impairment” and the need fication of Functioning, Disability and Health for multidisciplinary teams are also important (ICF) can inform development of a national to keep in mind. definition of disability because it combines Improve quality and accessibility of both medical and social approaches to dis - data on disability . National Statistics Agencies ability. The ICF definition of disability does should be supported in strengthening their not restrict disability to any previously defined capacity in collecting the disaggregated data threshold of functioning. Disability is defined on the number of PWDs by disability (to im - within the context of health, while features prove targeting for better programming), de - of the environment and social barriers are mographic profile, level of income, education taken into consideration. In Kazakhstan, as level, and ethnicity. The disability perspective in many ECIS countries, the definition of dis - should be incorporated in sector-specific dis -

52 Bosnia and Herzegovina, Council of Ministers and Directorate for Economic Planning, Social Inclusion Strategy of Bosnia and Herzegovina, 2009. 53 World Health Organization, www.who.int/about 54 World Health Organization, International Statistical Classification of Diseases and Related Health Problems , 10th Edition, 2009. 55 Ai-Gul S. Seitenova and Charles M. Becker, Disability in Kazakhstan: An Evaluation of Official Data, Social Protection and Labor, World Bank Discussion Paper No. 0802 , February 2008. 56 Daniel Mont, World Bank, Measuring Disability Prevalence , 2007. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

aggregated statistical data collection tools information on actual conditions of PWDs in that would allow every ministry and govern - a disaggregated format. As the population ment agency with responsibility for disability census is conducted at a low frequency of matters to assess the impact and effectiveness usually 10 years, the information collected of its interventions at the micro level. In those through it is not sufficient to monitor disability instances where the necessary data cannot in the ECIS where the conditions may change be obtained, it may be beneficial for donor- dramatically. It is advisable to explore the funded projects to conduct baseline surveys possibilities of adding a set of questions on and needs assessments that would help to disability or a module into household surveys establish a database of potential project ben - on such diverse topics as the labour force, eficiaries and better target interventions. Data access to social services, poverty, etc. con - on factors contributing to exclusion and in - ducted by the national statistics authorities. clusion, respectively improve targeting of Additional information can also be obtained benefits, support services. from the databases maintained by programme For example, to collect the prevalence administrators providing services such as estimates, a range of different approaches disability pension funds, assistive devices, re - can be adopted. Individuals may be asked habilitation and training programmes and to self-identify as disabled. Identification of employment support to PWDs. 58 specific diagnosable conditions can be con - Experts have identified a number of ducted by requesting respondents to indicate factors that contribute to disproportionately 40 if they have such limitations as polio, epilepsy, low and often inaccurate reporting of disability paralysis, etc. Another approach focuses on in the ECIS that include: identifying disability if the individuals have any difficulty performing any activities of • narrow, restrictive and exclusionary defi - daily living. In practical terms, the respondents nitions of disability; are classified as disabled if they need support • reduction in the numbers of individuals in performing such activities as dressing, eligible for disability pensions; bathing, and feeding themselves. Disability • fraud within the medical evaluation and may be determined by examining whether social welfare system with regard to eli - an individual can perform such higher order gibility for social benefits; tasks as maintaining their house, managing • lack of, or limited access to, a medical money, and shopping. 57 evaluation process that determines eli - It is advisable to include questions on gibility for welfare services, especially for disability into the census. As the census residents of rural areas; covers multiple areas, such as the socio-eco - • high costs associated with travelling to nomic situation, cross-tabulations on the evaluation sites, wasted time at work and employment, education and income levels the social stigma resulting from formal of PWDs can be processed and provide rich identification 59 ;

57 More suggestions and ideas on how to improve the data on circumstances of persons with disabilities and their households could be obtained from Wim van Oorschot and Maarten Balvers, European Comparative Data on the Situation of Disabled People: an Annotated Review . Report prepared for the Academic Network of European Disability Experts (ANED), 2009. 58 On specific strategies to improve the quality of the data on employment of people with disabilities, see ILO, The Employment Situation of People with Disabilities: Towards Improved Statistical Information , 2007. The census examples are the Philippines and Argentina. Australia and New Zealand have conducted specific disability surveys. 59 In Georgia, for example, in order to get examined for disability and be assigned official disability status by special examination committee (and be re-examined on an annual basis), an applicant has to pay a 25-50 GEL (USD14-USD28) recurring fee at a local clinic or hospital. See World Bank, Qualitative Survey on Disability and Living Standards in Georgia , 2007, http://pdc.ceu.hu/archive/00003102/01/disability_survey.pdf PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

• inaccurate unemployment statistics that reforms are outlined in the Action Plan of the captures only PWDs who are registered Government of the Republic of Moldova’s Strategy with the medical assessment commis - on the Social Inclusion of Persons with Disabilities sion; 2010-2013 . • underrepresentation of children with dis - abilities; • lack of data on workplace injuries as em - ployers are reluctant to disclose workplace 6.5. Promote individualized and injuries, as there is a substantial fine for comprehensive approaches unsafe working conditions; • underrepresentation of mental and psy - PWDs have diverse strengths and needs chiatric disability as people with mental but they are not a homogenous group. or psychiatric disabilities are often not People may be disabled by physical, intel - included in data sets; lectual or sensory impairment or have mental • scepticism towards census and population illness. They may have a disability from birth surveys as many people do not want to or have acquired it in childhood, their teenage reveal family and personal data to the years, later in life, during further education state. 60 or while in employment. The needs of PWDs and their families The need for improving the national dis - must be identified and addressed in a manner ability data collection system was identified consistent with and reflective of their dynamic by national experts, DPOs, and other potential qualities, capacities, vulnerabilities, and ex - users of statistical data on disability in Belarus. pectations. More individualized approaches UNDP Belarus addressed this gap by intro - to support PWDs should be adopted across ducing the interested parties to the best in - all sectors, which would be a practical appli - 41 ternational practices in collection and appli - cation of the human rights approach. In the cation of disability statistics through a study area of employment, for instance, individual visit to Germany. As a result, A Questionnaire support plans for PWDs can be institutional - on the Situation of PWDs was developed. It is ized. These plans can take into account such used to identify barriers to independent individual characteristics as age, skills, special living for PWDs, assess the economic situation needs and employability of PWDs, evaluation of households with members with disabilities, of the local market, a training plan and other and evaluate the overall socio-economic sit - interventions empowering PWDs to either uation of PWDs. The survey was conducted join the labour force or pursue self-employ - and its results were published in 2010 and ment opportunities. The plans could contain widely disseminated among the relevant various rehabilitation and work elements government bodies, research institutions, such as the assessment of professional skills, NGOs, and libraries. career guidance and counselling, restoration In Moldova, in response to a request of of professional skills and development of the Ministry of Labour, Social Protection and new professional skills, as well as benefits in Family, the UNCT is implementing a project cash and kind. They can include specific providing technical support in the develop - commitments for the PWD that he or she ment of a roadmap for the introduction of can sign and include a requirement for peri - the WHO ICF and related legal, policy, regu - odic follow-up meetings with social workers latory and procedural reform measures. These who can be in charge of case management.

60 USAID, Prevalence of Disability in Europe and Eurasia , 2009. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

The adoption of individualized approach - • physical inaccessibility of courts, legal as - es will help to reduce and ideally eliminate sistance offices, and other relevant justice barriers to the realization of human rights offices; through better targeted services and support • inaccessibility of legal information, in - provided to PWDs. To ensure that individu - cluding websites; alized approaches work, case workers should • lack of financial resources to pursue legal receive relevant training to develop the assistance; values and skills to deliver personalized • lack of or limited knowledge of their support. Specific suggestions on sector- rights; 64 specific operationalization of individualized • ineligibility for publicly funded legal as - approaches are provided in the following sistance and lack of knowledge of available chapter. options for legal assistance; • negative stereotypes and attitudes of some justice system employees; 6.6. Enhance access to justice for • limited range of support provided to PWDs 61 PWDs to facilitate their access to justice, such as the use of interpreters; PWDs should be provided with the same • lack of expertise and experience in dis - legal rights and access to justice as the non- ability law among legal service providers; disabled. In the majority of ECIS countries, • lack or limited expertise of legal service 42 the judicial branch of government is under - providers in communicating with PWDs, developed compared to executive and leg - including using alternative modes and islative branches. The judicial system has in - formats of communication; adequate financial resources, professional • limited representation of PWDs among competence, independence, and facilities. justice system professionals. The independence of judges with regard to the executive branch as well as their protection In Belarus, for instance, despite a number from undue influences and corruption are of legal provisions designed to accommodate not fully ensured and guaranteed. Accusations disabilities in a courtroom, such as a require - of biased proceedings in court cases are ment to provide a court interpreter and the common. Public confidence in the court sys - modernization of courtroom equipment, tem is low. 62 PWDs may be socially excluded PWDs still experience certain difficulties in and marginalized, without having recourse access to justice. Many courtrooms lack the to justice. 63 equipment to accommodate hearing and In addition to these institutional barriers speech disabilities, or ramps and other features faced by all the citizens of ECIS countries, enabling mobility around the court building. PWDs face numerous barriers to exercising No specific accommodations are mandated their human rights and in accessing justice for questioning of crime victims with dis - that include: abilities. PWDs are legally entitled to free

61 See CRPD , Article 13, Access to justice. 62 An EU-specific comparative overview and analysis of challenges and good practices relating to access to justice can be found in European Union Agency for Fundamental Rights, Access to justice in Europe: An Overview of Challenges and Op - portunities , 2011. 63 UNDP Bratislava Regional Centre report , UNDP’s Survey on access to Justice in Europe and CIS , 2009. 64 According to the Kazakhstan-based Shyrak Association of Women with Disabilities, for example, “Only 1 in 10 disabled women would know her rights.” Some categories of PWDs are entitled to free medicine and even a regular trip to a sanatorium, but they often do not realize this. Eurasia Foundation and the Caucasus Research Resource Centers, Equal Before the Law? A Study of How Citizens Experience Access to Justice in Kazakhstan, Kyrgyzstan and Tajikistan , 2011. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

legal counsel and representation. Exemptions of PWDs. Ensure that access to pro - from legal fees are granted upon production grammes and services is equitable and of documented proof of disability. 65 non-discriminatory and open for effective To ensure that such core provision of the monitoring and appeal mechanisms to CRPD as the right of PWDs to equal legal ensure access to justice of PWDs. recognition, capacity and support before the • Legislate a right for free legal aid for law, and that their right to equal access to PWDs. justice as well as support and accommodation • To ensure that all PWDs enjoy legal ca - in the justice process are met, the following pacity, develop a system that would pro - interventions can be implemented: 66 vide support or assistance to enable them to make decisions for themselves • Mainstream the goals of promoting rights and expand their capacities to do so. of PWDs into reforms of the justice sector. Eliminate outdated guardianship systems As multiple agencies and institutions con - which infringe on PWDs’ fundamental stitute the justice sector, it is important rights to liberty and equality. Rather than to ensure that there is a coordinated and assigning them to a guardian, PWDs coherent sector-wide strategy addressing should receive support in decision mak - the human rights of PWDs. ing. 67 Many ECIS countries’ legislation on • Identify and address physical and com - the capability and legal capacity of natural munication barriers that PWDs face in persons, including persons with intel - accessing justice. In addition to making lectual disabilities and mental problems, all legal institutions such as courts, legal is still based on the concept of substitutive assistance and ombudsman’s offices phys - decision making. The right to take deci - ically accessible, communication barriers sions about one’s life should not be taken should be addressed. Deaf individuals, away from PWDs and the legislation 43 for example, must have sign language should be aligned with the CRPD re - translation and blind PWDs should have quirements and all possible accommo - material in braille to facilitate participation dations and support should be provided in court proceedings and other legal to minimize the number of people with matters. Legal provisions that limit the mental health issues, intellectual disabil - capacity of PWDs to give testimony or ities and other disabilities being declared participate in any other way in legal pro - legally incapable and put under legal ceedings should be abolished. guardianship. The rights, will and prefer - • Revise the existing legislation and policies ences of the concerned person should in such diverse sectors as employment, be respected. Any restrictions of the public transport, telecommunications rights of an individual must be tailor- and information, procedural law, social made to the individual’s needs, be gen - and health protection, education, public uinely justified and combined with ef - procurement, family law, criminal law fective safeguards. Access to support is and other relevant areas to ensure that of the utmost importance in order to they guarantee the non-discrimination give access to justice to PWDs, as without

65 Ministry of Labour and Social Protection of the Republic of Belarus, UNDP, Situation of Persons with Disabilities in Belarus, Minsk, 2010. 66 For more information on access to justice in the ECIS and potential interventions, see UNDP Bratislava Regional Centre, Report on the UNDP Access to Justice Survey in Europe and the Commonwealth of Independent States , 2009. 67 Equal Legal Rights, Access to Justice Crucial to Implementation of Disabilities Convention , Round Table, UN General Assembly, September 3, 2009. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

assistance, these persons are often not to an effective judicial review of decisions. It in a position to make themselves heard. is necessary also to ensure that persons with • Targeted interventions may support the mental disabilities and/or their legal repre - office of the ombudsman. In addition to sentatives can exercise the right to an effective making it physically accessible, it is im - remedy against violations of their rights. portant also to sensitize staff of the office UNDP Montenegro, for instance, sup - to disability and develop guidance ma - ported the government in establishing a terials for PWDs on functions of the om - normative and institutional framework for budsman’s office, including some practical the legal aid system. The Law on Legal Aid, guidance on such matters as how to file which was adopted in 2011 stipulates that a claims. A position of Assistant Ombudsman person with special needs will have the right for the Protection of Human Rights can to legal aid without submitting any other be created who will deal with the pro - documentation on his or her financial situation, tection of the human rights of PWDs. as is requested by the law for other cases, • Support the relevant ministries and agen - excluding special categories of population cies in consulting PWDs on access to jus - defined by the law’s provisions. UNDP has tice matters. Strengthen the capacity of also conducted a fiscal impact analysis to DPOs to work in defence of PWDs’ human determine the budget implications of the rights and provide them with the right law’s implementation. to initiate court proceedings in the name DPOs can be supported in building their 44 of PWDs. 68 capacity to provide free legal advice services • Conduct targeted awareness-raising in - to PWDs and defend their rights in courts terventions to train and educate the ju - and other state institutions. In Armenia, NGO diciary about the rights of PWDs. The Unison, for example, provides a range of training courses may target judges, legal services that include legal advice on lawyers, police officers, staff of penitentiary specific cases, attorney services to litigate institutions, and other relevant justice cases of discrimination based on the grounds system professionals. of disability, and provision of information on • Support PWDs who chose the legal pro - the relevant state authorities and current fession to grow professionally to assume legislation. 70 In Russia, DPO Perspektiva, with positions of significance in the justice the financial support of USAID, has trained system. 12 professional lawyers and 41 law students to provide assistance in court and in drafting Persons with mental disabilities are often legislation. 71 In Moldova, the Legal Assistance deprived of their legal capacity in ECIS coun - Centre for Persons with Disabilities, which is tries. 69 It is necessary to develop policies and a non-governmental, non-profit, apolitical, introduce effective procedural safeguards public interest organization, established by that will ensure that in any case that a person a group of PWDs, provides free legal advice with mental disabilities is deprived of his or for PWDs and specialized NGOs, represents her legal capacity, they have prompt access PWDs before courts, public authorities, and

68 Commissioner for Human Rights, Third party intervention by the Council of Europe Commissioner for Human Rights under Article 36, paragraph 3, of the European Convention on Human Rights, Application No. 47848/08 – The Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania, https://wcd.coe.int/ViewDoc.jsp?id=1851457 69 An extensive analysis of barriers that persons with mental disabilities face in accessing justice in Bulgaria, for instance, can be found in Written submission by the Mental Disability Advocacy Center to the Universal Periodic Review Working Group, Ninth Session 1-12 November 2010, With respect to Bulgaria. 70 http://www.unison.am/ 71 USAID Russia, http://russia.usaid.gov/programs/cross_sectoral/youth/Perspektiva/ PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

businesses, and edits and publishes infor - ample, despite the NGOs and government mation materials on the rights of PWDs. support, women with disabilities still remain There are some groups of PWDs that re - marginalized. They still experience traditional quire special attention in securing their rights stereotypes about women as dependent, to access justice. It is important to open up passive, and incompetent. As a result, women psychiatric institutions where PWDs live to with disabilities are poorer, often illiterate, independent public scrutiny to prevent hu - and have fewer opportunities to establish a man rights violations and ensure that PWDs family and have a decent life. Women with have access to justice. 72 The inspection mech - disabilities also have fewer opportunities for anism should be independently funded and vocational training, employment and eco - managed and include frequent visits to psy - nomic independence. 74 In many ECIS countries chiatric institutions. This could be established violence against women with mental dis - following the model of National Preventive abilities is common in institutional settings. Mechanism established under the Optional Women and girls in institutional and residential Protocol to the Convention against Torture settings are all particularly vulnerable, either (OPCAT) 73 . DPOs and human rights NGOs because they are less able to protect them - should be provided with the possibility to selves or because they are unable to report file an application on behalf of the residents abuse. of psychiatric institutions if they are unable PWDs in the minority groups, particularly to do so alone. among the Roma population, have not been targeted through policies, programmes and interventions promoting the human rights 6.7. Ensure that the intersection of of these minorities. Policy makers tend to disability rights with gender assume that the needs of these groups could and ethnic minority rights be addressed through the existing legislation 45 and network of services, but in reality, infor - (multiple discrimination and mation is not available to them, and they aggravated forms) are rarely exercise their rights. Roma PWDs face properly addressed multiple discrimination and are often unable to exercise their rights of access to social Women and ethnic minority individuals and security and health care due to the ab - with disabilities in the ECIS countries face sence of personal identification documents. significant impediments in realizing their for - Often in the ECIS countries the easiest solution mal human rights. Women and girls with to address the multiple challenges that Roma disabilities face a double burden of discrim - children face is found by placing them in ination, in which gender and disability interact special schools for children with disabilities. 75 with and reinforce each other. Women with As a result, Roma children outnumber non- disabilities are less likely to get married than Roma in schools for mentally retarded children non-disabled women, and once married, are with no good health-related grounds for more likely to be divorced. In Kosovo, for ex - this. 76

72 “In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.” CRPD , Article 16, Freedom from exploitation, violence and abuse. 73 For further details on the OPCAT, please visit the OHCHR website at: http://www2.ohchr.org/english/bodies/cat/opcat/ 74 Coalition of Organizations of People with Disability of Kosovo, National Report for People with Disabilities in Kosovo , Pristina 2007. 75 UNDP BRC, At Risk: Roma and the Displaced in Southeast Europe: A Regional Human Development Report , 2006. 76 UNDP BRC, The Roma in Central and Eastern Europe: Avoiding the Dependency Trap: A Regional Human Development Report, 2006. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

To address the multiple discrimination cating their rights should be strengthened. that PWDs in the minority groups and women In Kazakhstan, the EU funded a project with disabilities face, it is necessary to design strengthening leadership and managerial targeted interventions promoting the human capacities of organizations of women with rights of these groups. The cycle of discrimi - disabilities, their networks and dialogue with nation, poverty and neglect should be broken the government on issues related to disability by implementing separate measures ad - and gender equality. The network of organi - dressing the specific circumstances of these zations of women with disabilities, comprising groups. of 14 NGOs from Southern, Western and The capacities of women with disabilities North-Eastern Kazakhstan, has been estab - and PWDs in the minority groups in advo - lished under the project.

46 SECTORAL INTERVENTIONS PROMOTING THE HUMAN RIGHTS 7 OF PWDs: SELECTED EXAMPLES

The CRPD recognizes “the importance of comprehensive and include key elements accessibility to the physical, social, economic presented in Chart 4. and cultural environment, to health and ed - ucation and to information and communi - cation, in enabling PWDs to fully enjoy all 7.1. Education human rights and fundamental freedoms.” 77 As the barriers and challenges that PWDs According to the Organisation for Eco - face are multi-faceted, interventions promot - nomic Co-operation and Development’s ing the human rights of PWDs should be di - (OECD) research based on comparative coun - versified and involve multiple partners. The try analysis, in order to equip disadvantaged following sections review potential interven - students with equivalent learning means, tions that can be undertaken in selected even in cases of severe disabilities, they sectors to promote the human rights of should be educated in mainstream schools PWDs. Regardless of the specifics of sectoral rather than in separate institutions, on the policies or interventions, they should be condition that additional resources provided

Chart 4: Promoting the human rights of PWDs and ensuring full implementation of the CRPD: key elements of sectoral interventions 47

Human right-based sectoral policies

Strengthened Involvement of capacity of decision PWDs in decision makers and service making providers Promoting rights of PWDs

Improved Individualized accessibility programmes and services

77 CRPD, Preamble (v). PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

for special schools are maintained in the to be living in residential care in the 27 coun - mainstream schools and elsewhere. 78 To en - tries. 82 In Azerbaijan, for instance, there are sure that the rights of students with disabilities over 2,000 children with disabilities who are addressed, the reforms should eliminate reside in children’s homes. 83 the barriers that they face. The legal framework Many children with disabilities are iden - should be aligned with CRPD requirements; tified too late and the early intervention serv - changes in identification and placement pro - ices are not available at community level. 84 tocols and practices introduced; the education The practices of classification and placement sector funding model revised to support of students with special needs that are based students with disabilities in mainstream on the medical model of disability and are schools; accessibility of schools and trans - still widely used in the ECIS should be revised portation improved and educators trained to encourage inclusion. Assessment tools to support students with disabilities in class - developed on the basis of the “defectology” rooms. In a rights-based model of education, approach used by state commissions are still consistent with the CRPD, education should based on outdated ideas about educable be student-centred, focus on the realization and non-educable children. Often the place - of students’ full potential and prepare them ment decisions are made without taking for life after school. 79 The “children who learn into account all factors affecting the child’s together, learn to live together” philosophy capacity to learn. Parents may not be neces - should be adopted and operationalized in sarily present at the commissions’ meetings, 48 all aspects of education policy. 80 which does not allow social and family cir - In the ECIS countries, most kindergartens cumstances to be taken into consideration. and schools are still unable to provide services In Romania, for example, the identification to children with special education needs, of special education needs is still done from and the majority of them remain excluded a medical deficit point of view. 85 from special and mainstream education. To address these limitations and integrate There is a lack of auxiliary means, alternative a human rights perspective, it is necessary texts and materials, and teachers are not to develop new protocols and procedure well-trained to support children with dis - and train commissions to spend more time abilities. 81 Overall residential care rates for objectively assessing the child’s strengths infants and children are still high in the ECIS and needs and rely on a wide range of infor - countries, and many children live away from mation in making their placement decisions. their families in Soviet-era children’s homes. A wider range of practitioners working with At the end of the 1990s, 900,000 children, al - the child can inform decision-making process - most 1 percent of all children, were reported es as well. A requirement that the placement

78 OECD, Priorities for Action, Education and Equity , Policy Brief 2004; and OECD, Education Policy Analysis, 2003. 79 See, for instance, a comprehensive study by UNICEF, Innocenti Digest No.13, Promoting the Rights of Children with Disabilities , 2007. Some specific successful practices from all over the world in inclusion of students with special education needs can be found in Susan J. Peters, Inclusive Education: Achieving Education for all by Including Those with Disabilities and Special Education Needs , prepared for the Disability Group, World Bank, 2003. 80 Rebecca Isaac, B. William Dharma Rajaa and M.P. Ravananb, “Integrating people with disabilities: their right – our responsibility”, Disability & Society , Vol. 25, No. 5, August 2010, 627–630. 81 UNESCO, International Bureau of Education, Albania, Regional Preparatory Workshop on Inclusive Education Eastern and Southeastern Europe , 2007. 82 UNICEF, Innocenti Insight, Children and Disability in Transition in CEE/CIS and Baltic States , 2005. 83 http://www.guardian.co.uk/society/audioslideshow/2009/jun/02/azerbaijan-everychild-childrens-homes 84 See CRPD , Article 25, Health. State Parties are required to provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons. 85 Academic Network of European Disability experts (ANED), Romania – ANED country profile , 2009. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

of students in special schools can be recom - ness and the use of appropriate augmentative mended only if the placement in regular and alternative modes, means and formats classrooms with appropriate accommodations of communication, educational techniques does not meet the student’s educational and materials to support PWDs. 86 needs should be legislated. It is insufficient just to place students As students with disabilities have diverse with special needs into mainstream schools, strengths and needs, the policies should in - without appropriate and child-specific support. clude a requirement to develop and imple - If individual education plans are not devel - ment individual education plans, including oped, and teachers are unprepared to support goals for the student, support provided and children with disabilities, these children are indicators of success. The programmes and often bullied by non-disabled students and support for children should be implemented are likely to drop out of school, ending up as early as possible even before the formal with low educational attainments and hence identification of disability is made. In Bosnia with limited opportunities on the labour and Herzegovina, for instance, the Association market. Reforms advancing the rights of stu - of Educators/Rehabilitators, Special Education dents with disabilities should be compre - Teachers and Speech and Language Therapies hensive and logically sequenced. 87 in Canton Sarajevo implement the Bosnia UNICEF Country Offices in ECIS countries Early Intervention for Children with Devel - are implementing numerous projects pro - opmental Disabilities project, which aims to moting the human rights of children with establish systematic, early intervention in disabilities. In Georgia, for instance, UNICEF the education and rehabilitation of children provides services for families caring for children with developmental disabilities. with disabilities, works towards an inclusive Effective and meaningful parental in - education system that embraces children volvement is critical for the successful inclusion with special needs, improves early diagnosis 49 of their children. Parents should be encour - and treatment, and transforms attitudes and aged to be involved in school governance behaviours that contribute to the stigmati - at various levels and support their children zation of children with disabilities. 88 In Mace - in classrooms, if necessary. Parents need to donia, UNICEF has supported the opening be included as respected and equal partners. of five day care centres that help to reduce Improved communication with parents would the risk of institutionalization of children with positively affect the inclusion experience and disabilities. UNICEF- trained policy makers, the subsequent development of social, aca - university professors, teachers and social demic, and developmental skills of the child. service staff are involved in developing care Teachers should be trained on how to that is based in the community, and schools educate children with disabilities. Inclusive that include all children, disabled or other - education should be incorporated into all wise. 89 core teacher training curricula and in-service DPOs are also active in promoting inclusive training to communicate values and develop education. In Russia, for instance, the DPO educators’ skills in inclusive education. Such Perspektiva is implementing a project “Building training should incorporate disability aware - an inclusive education movement in Russia”,

86 CRPD , Article 24 (4), Education. 87 It is necessary to implement a set of measures to ensure that PWDs can access post-secondary education. Some suggestions on institutional strategies concerning admissions, management and support, access to housing, and distance learning aspects of higher education that promote the rights of PWDs can be obtained from OECD, Disability in Higher Education , 2003. 88 UNICEF Georgia. 89 UNICEF the former Yugoslav Republic of Macedonia, http://www.unicef.org/infobycountry/TFYRMacedonia_28532.html PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

which aims to facilitate the inclusion of chil - Gesellschaft für Internationale Zusammenar - dren with disabilities into the community beit helped to establish the country’s first through their inclusion and education at early diagnosis and support centre in Skopje. mainstream schools. 90 Its catchment area covers more than one quarter of the Macedonian population. Infants with an increased risk of developing a disability 7.2. Health are examined in the centre and receive sup - port there. 91 PWDs face many barriers in exercising As some core policy elements guaran - their rights to access high-quality health care teeing access of PWDs to health care services in the ECIS countries. Often medical institutions may be in place, they should be operational - are inaccessible for them, especially for those ized from the perspective of CRPD. There is with mobility impairments. PWDs often find an urgent need to create a capacity for dis - that even if a medical facility is physically ac - ability literacy among ministries of health cessible, the examination equipment is not, management and staff and health care and office staff are not trained to provide providers, including doctors and nurses. These health care services to them. Another major stakeholder groups should be educated barrier is a lack of transportation accessible about the disability-specific health service for PWDs, which either makes them miss needs of PWDs, their rights and the conse - appointments or means that they cannot quences of not getting services to which 50 go to see doctors at all. Some women with they are entitled. More specifically, health- disabilities face physical barriers in accessing care providers should acquire practical skills gynaecologists, dentists may be unprepared on how listen to, understand and respond and untrained to treat PWDs, and all doctors to the variable needs of individuals with dis - may not have the skills necessary to com - abilities. It is also important to provide con - municate with individuals who are deaf or text-specific skills, related to the health-care hard of hearing. delivery to specific disability groups, such as Lack of adequate and timely health care mental health patients. In addition, medical can exacerbate disease outcomes, and can professionals should develop the skills of turn impairments into chronic disabilities. distinguishing between disability-related and Without resources for medical or social serv - non-disability-related health problems. ices, a remedial impairment can become a The availability, access and quality of permanent disability. Timely and equitable medical rehabilitation, including assistive de - provision of such basic devices as glasses, vices (e.g., prosthetics, orthotics, wheelchairs hearing aids and crutches is a critical com - and walking aids) enabling people to attain ponent of the human rights-based health the highest possible level of functional ability care provision model. and live an independent, quality life is often Early identification of disability is critically very low. In cases when medications, assistive important in designing timely and compre - devices and services are necessary, the gov - hensive programmes and support. In Mace - ernments should ensure that they are available donia a project implemented by Deutsche to all eligible PWDs who are poor and cannot

90 The project is financed by the European Union under the EU-Russia cooperation programme and is implemented by the disability NGO Perspectiva and its regional partners in 6 regions of Russia: Moscow, Voronezh, Samara, Tomsk, Ulan- Ude (Buryatia) and Ukhta (Komi Republic). http://eeas.europa.eu/delegations/russia/eu_russia/tech_financial_cooperation/in - dex_en.htm 91 Project “Support for Mentally and Physically Disabled Children”, http://www.gtz.de/en/weltweit/europa-kaukasus-zen - tralasien/mazedonien/26112.htm PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

cover the cost for them personally. Given This happens if deinstitutionalization is not that PWDs usually have a low income, it is complemented with adequate community- unrealistic for them to cover these expenses. based care. The success of de-institutional - In the ECIS countries, thousands of PWDs ization initiatives in many countries, such as are still kept in large, segregated and often the United Kingdom, can at best be seen as remote institutions and denied rights and uncertain. 92 In the case of individuals with respect for their human dignity. In a number intellectual disabilities in the ECIS, for example, of cases they live in substandard conditions, social community-based services and financial suffering neglect and human rights abuses. support can be insufficient to cover the sup - The convention requires the states to recognize plementary costs incurred. 93 that all PWDs should have the right and the To make sure that the process of deinsti - opportunity to choose their place of residence, tutionalization promotes the human rights and with whom they live, on an equal basis of PWDs, it necessary to clarify the account - with others, and that they are not obliged to ability of national and local administrations live in a particular living arrangement. Within with regard to services and support provided the context of this requirement, many countries to former inpatients. Standards should be of the region are implementing a de-institu - developed and enforced and quality controls tionalization process, meaning that fewer introduced. New accountability systems people reside as patients in institutions and should focus on enhancing the rights of fewer treatments are delivered in public hos - PWDs, rather than solely on administrative pitals. Instead, patients are referred to com - processes. It may be advisable for the national munity-based health services. government to be prescriptive in developing Ideally, de-institutionalization is about standards covering the availability, duration, provision of all the necessary support and intensity, range and quality of services that services in community-based settings. It are needed to support deinstitutionalization 51 allows individuals to regain freedom and and the development of alternative social empower themselves through responsible care placements. A special set of measures choices and actions. With the assistance of should be implemented to prevent the in - social workers and through rehabilitation, stitutionalization of children with disabilities former inpatients can adjust to everyday life so that they can live and be raised in family outside of institutional rules and expectations. environments, through building up commu - Other potential positive outcomes of de-in - nity-based services and support, including stitutionalization include increases in day- through increased social assistance and wel - to-day choices, engagement in different fare benefits to the children’s families. It is kinds of activities and improved satisfaction necessary also to develop networks of foster with the services they receive from local families that take care of children who live in providers. Many former inpatients, however, institutions with appropriate compensation may experience difficulties in establishing for their activities, according to the specific and maintaining progress following deinsti - needs of a child. 94 Social workers should be tutionalization and continue to face numerous trained and effectively supervised to conduct barriers to the exercise of their human rights. the investigation and assessment of de-in -

92 Alexandra Hamlin and Peter Oakes, “Reflections on Deinstitutionalization in the United Kingdom”, Journal of Policy and Practice in Intellectual Disabilities , Volume 5, No. 1, pp. 47-55, March 2008. 93 Ewa Wapiennik, “Comparative Policy Brief Status of Intellectual Disabilities in the Republic of Poland”, Journal of Policy and Practice in Intellectual Disabilities , Volume 5, Number 2, pp. 137-141, June 2008. 94 Slobodanka Lazova-Zdravkovska, “Process of Deinstitutionalization of People with Disability in the Republic of Macedonia”, Journal of Special Education and Rehabilitation, pp. 3-4: 49-58, 2007. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

stitutionalized individuals’ referrals and su - in a limited capacity, such as in a sheltered pervise their placement. workplace or state-subsidized position, as well as determine eligibility for benefits. The commissions further contribute to stigmati - 7.3. Employment zation of disability and do not promote PWDs’ rights to employment by developing indi - For many PWDs, work is key to economic vidualized programmes of support. Some independence, health and well-being and individuals classified as “permanently disabled” full participation in the community. Employ - could, in fact live normal, productive lives. 95 ment is not only economically important for Negative employer attitudes are often PWDs, as it helps to increase their incomes identified as a major barrier to successful and reduce barriers to full enjoyment of their job placement of PWDs. Some employers human rights, it also a means self-worth and believe that PWDs are unable to work, on social acceptance and respect. the assumption that the individual with a Many ECIS countries have new labour disability is “incompetent”. To address these laws that explicitly prohibit discrimination barriers, it is necessary to ensure that the ex - on the grounds of disability, and this refers isting anti-discrimination laws and specific to direct and indirect discrimination in relation labour codes are enforced and that employers to job hunting and getting employment, know their obligations and penalties for work conditions, training and professional failing to comply with the disability legislation. 52 rehabilitation, advancement in the workplace It is necessary to introduce, through policy and termination of the employment contract. and legislation, a requirement for employers Often the implementation of these laws lags to provide reasonable accommodation to behind. While most PWDs want to have a meet the needs of PWDs. Denial of reasonable job, they typically face extraordinary obstacles accommodation amounts to discrimination in finding employment, and only a small under Article 2 of the CRPD. percentage of them are employed, being Accommodation could include physical paid salaries much lower than their non-dis - modifications to work premises, such as the abled peers. This is evident in their significantly construction of ramps, the provision of devices higher levels of unemployment and under - such as visual and hearing aids, as well as employment than in the general population. job restructuring to suit the abilities of the Employment involves matching potential worker with disabilities. Such accommodation employees with job opportunities. If a PWD should only be obligatory when it is necessary who is looking for a job cannot find one, the for the PWD to work properly, and also eco - reasons may lie with the employee, with the nomically feasible for the organization. The employer, with job opportunities, or with the Estonian Equal Treatment Act , for example, mechanisms that match the two sides together. requires employers to “take appropriate meas - In many ECIS countries, medical-labour ures, where needed in a particular case, to commissions inherited from the socialist enable a person with a disability to have times continue to examine individuals to access to, participate in, or advance in em - determine the degree of their ability to work. ployment, or to undergo training, unless Commissions determine whether a person such measures would impose a dispropor - is either fully incapable of work or capable tionate burden on the employer”. 96 Employers

95 Aleksandr A. Andreev, To Work or Not to Work? Labor Supply Decisions of Russia’s Disabled , Honors Thesis submitted in partial fulfilment of the requirements for Graduation with Distinction in Economics in Trinity College of Duke University, 2008. 96 European Union Agency for Fundamental Rights, The legal protection of persons with mental health problems under non- discrimination law , 2011. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

should not be required to hire any person troduced. The quota systems can be revised with a disability, but should be asked to hire to make them more effective by specifying people who are qualified and accommodate their beneficiaries, quota rates, enforcement the limitations caused by disability on an in - mechanisms and sanctions for failure to com - dividual, case-by-case basis. ply. The schemes supporting employment Often PWDs do not know their rights of PWDs at home can also be supported, and do not have the necessary skills and where new types of work may offer new op - knowledge to find jobs. There is a wide range portunities for PWDs, such as web-based of potential interventions supporting the economic activities and telecommuting. employment of PWDs, such as job coaching Social enterprises apply market-based and mentoring, pre-employment training strategies to achieve a social purpose and and upgrading, post-secondary education, they can play an important role in promoting assistive aids and devices, wage subsidies to the employment rights of PWDs. Social en - employed PWDs, and workplace support. terprises may not only use profit to support Employment on the open market is the PWDs, but also employ them. In Romania, option that best addresses the human rights the NGO Motivation Romania is implementing of PWDs. Many ECIS countries have quota a project integrating PWDs into the labour systems to promote the employment of market by developing a social enterprise PWDs. Typically, employers with a minimum pilot of seven sheltered units in which 60 number of employees – both in the private PWDs will be employed and specialists in - and public sector – have to fill the quotas. volved in the socio-professional integration The main variant of the straight quota system of these people trained. The project is financed is the so-called “quota-levy” system, whereby by the European Social Fund. 97 Social enter - employers can pay a contribution to an ear - prises employing PWDs are also supported marked fund in lieu of employing PWDs up by UNDP Uzbekistan. 53 to their quota obligation. The funds are used PWDs need individualized support that for such purposes as payments to employers meets their strengths and needs as well as for accommodating PWDs in the workplace, local economic conditions. An individual plan direct payments to workers with disabilities, of employment support should be developed and payments to disability service providers. for them that takes into account such individual Often employers prefer paying a salary to characteristics as age, skills, special needs PWDs, without the person actually working, and the employability of PWDs, and local job as this costs the company less than paying market conditions. 98 As international experi - the fine for not employing PWDs, and also ence demonstrates, individualized approaches secures tax breaks. Although the quota system are effective in addressing barriers to labour is not a perfect policy instrument, with sig - market inclusion that each PWD faces. The nificant challenges associated with its en - plans could contain various rehabilitation forcement, it should be maintained in the and work elements, as well as benefits in future until new, more effective instruments cash and kind. 99 The plan can include specific encouraging employers to hire PWDs are in - commitments for the PWD that he or she

97 Motivation Romania, http://www.motivation.ro/en/programs-projects/employment-of-people-with-disabilities 98 Lynn Elinson, William D. Frey, Tiandong Li, Martha A. Palan and Richard L. Horne, “Evaluation of Customized Employment in Building the Capacity of the Workforce Development System”, Journal of Vocational Rehabilitation No . 28, pp. 141– 158, 2008. 99 On changes in rehabilitation system, policies and practices in Romania which reflect key trends in the ECIS countries, see Eniko C. Rak, “Rehabilitation Policy and Practice in Romania: Implications for Training,” in Rehabilitation Education , Volume 21, No. 4, pp. 277-284 , 2007. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

can sign and include a requirement for periodic • an obligation for the State to employ follow-up meetings with caseworkers. Indi - PWDs; vidualized approaches can also include a • the obligation to employ PWDs, imposed series of activities to help build the self- on companies which want to work on esteem, confidence and resilience of PWDs. government contracts; The individualized approach will place a • supported (assisted) employment where wide range of new demands on those work - personal support (job coach) is provided ing for the rights of PWDs. Caseworkers will in open employment. Support is gradually need extensive knowledge of the range of reduced as the person with disabilities available programmes, benefits and services. develops the ability to work independ - More time will be required to assist individuals ently; and follow each case. The capacity of case - • reservation of a specific number of posi - workers (e.g., social workers, job center staff) tions in public service for PWDs; 100 in supporting PWDs should be strengthened • more tax incentives to employers, such through targeted training courses on disability as tax exemptions on imported prod - and how to support the employment/self- ucts, devices or equipment used by employment of PWDs. Training can involve PWDs at work, tax exemptions on train - the participation of local PWDs who will ing materials, equipment needed by share their own experiences and perspectives. vocational rehabilitation centres, cor - In Ukraine, for example, UNDP and ILO porate income tax exemptions, etc. Cor - 54 supported the State Employment Centre of porate income tax can be reduced pro - Ukraine to develop and implement a unified portionately to the number of PWDs methodology for the provision of job place - hired; ment promotion services for PWDs. The • extension of support provided to com - model improved inter-sectoral and inter- panies run and owned by PWDs with agency cooperation arrangements; informa - the condition that they will employ and tion exchange through the Centralized Data - provide training and apprenticeship op - bank on Disability Problems; maintenance portunities for PWDs; of cases of PWDs by specially trained job • revision of social cash benefits for PWDs placement professionals; consultations with to create incentives for them to attempt employers concerning adaptation and/or to find and hold down a job; creation of a special workplace; social con - • increasing vocational rehabilitation and tracts; individual job placement programmes; training opportunities through passing post-employment monitoring profiles and legislation on the right to vocational other components. In addition, a Guide for rehabilitation; the setting up of a reha - Employers on the Job Placement and Employ - bilitation programme with clear eligi - ment of People with Disabilities was developed bility requirements; a range of vocational and widely disseminated. rehabilitation services, and manage - Additional measures promoting the right ment, monitoring and reporting mech - to employment of PWDs that can be con - anisms. 101 sidered by all partners include:

100 On successes and challenges of implementation of this approach in Romania, see Veronica Junjan, Mugur Ciumăgeanu, Ioana Micluţia and Ioana Crăciun, “Labor Integration of Persons with Disabilities in Public Institutions in Romania”, Transylvanian Review of Administrative Sciences , No. 33 E/2011, pp. 109-123 101 An excellent and practical review of employment options for PWDs, with an in-depth analysis of vocational skills de - velopment is provided in USAID, Transitions Towards an Inclusive Future: Vocational Skills Development and Employment Options for Persons with Disabilities in Europe and Eurasia , 2009. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

7.4. Social protection and of others such as skills development and learning. Although many governments in the ECIS Social security systems in the ECIS coun - have made formal commitments to make tries are not sufficiently targeted, with nu - social services accessible, rights- and needs- merous discrepancies between individual based in accordance with modern and in - health and status within the system of state ternationally acceptable standards, their suc - disability benefits. In Russia, for instance, the cess in implementing these plans is still mod - accuracy of targeting varies with age groups: est. To meet these obligations, the range of the most accurate targeting is provided for programmes, services and benefits provided younger groups, but the difference between by the national and local governments to healthy and disabled gradually disappears PWDs should be expanded and re-designed with age, and after the statutory retirement from the human rights and equity perspec - age, old-age and disability pensions can be tives. considered as a voluntary trade-off. 102 Po - Disability-focused support and services tentially, the targeting can be improved by may include social housing, personal assis - simplifying the existing application procedures tance, technical aids and devices, special and improving the accessibility and availability equipment, life skills assistance, modification of the information on benefits to less educated of homes and accessible transportation. The individuals. disability-focused support and services are Social workers, who are critically important the means that facilitate PWDs’ participation to promoting the human rights of PWDs, in the activities involved in living day-to- suffer a range of labour market disadvantages day and in achieving their personal and in the ECIS, as their salary levels are relatively economic potential. These goods, services low. Poor pay and conditions reduce incentives and support are essential for PWDs to actively for workers to enhance their skills, and thereby 55 participate at home, school and work, and improve quality of support and services de - in the community. As these supports and livered. Poor conditions also exacerbate services can be funded and delivered by turnover, as workers with higher qualifications various agencies and ministries, their roles and/or better opportunities move out of the and responsibilities should be clearly outlined, social care sector. To protect the interests of the existing policy coordination mechanisms PWDs and other vulnerable groups supported be strengthened and roles of key players by social workers, it is important to main clearly outlined. their salaries at adequate levels. The national Having enough money to meet their and local governments need to ensure also needs and to be active in their community that social workers have access to workplace is essential to the full inclusion of PWDs. training and educational opportunities to How much income is available to an indi - enhance and sustain their capacity to deliver vidual with a disability depends on a number quality services. of factors, such as the person’s ability to Personal assistance services play a crucial earn income through employment, the ad - role in ensuring the rights of PWDs to inde - equacy of income support, and the cost pendent living and mobility. A personal as - and availability of disability support. Social sistant is selected and employed by the user support provided to PWDs should focus to provide services that meet the individual’s on the interrelatedness of these factors, needs. The personal assistant can work in

102 Irina Merkuryeva, The System of Disability Benefits in Russia: Estimation of Targeting Accuracy , Economics Education and Research Consortium Working Paper, Series ISSN 1561-2422, No. 07/04, 2007. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

the person’s home to assist them with tasks through opportunities for respite, social in - such as getting dressed, cooking and with teractions with other carers and supple - such daily activities as shopping, participating mentary social transfers. in social clubs and getting to work. In Bulgaria, UN Women Tajikistan supports women for example, the jobs of personal assistant, who take care of their family member with social assistant and housekeeping worker disabilities by helping them to register for were introduced in 2007 with the National and access disability benefits that are critically Assistants to Disabled People Programme important for vulnerable rural households funded by the State budget. Personal assistants to achieve or maintain a minimum standard are unemployed family members who take of living. The programme focused on im - care of their relative with disabilities for a proving the demand side of social protection minimum monthly salary and social security services by monitoring and visiting vulnerable contributions. Social assistants are hired by households to inform them of their rights, service providers to perform a range of ac - and the supply side of social protection by tivities, included in the individual plan of working with government to improve service every client. 103 UNDP Montenegro, for ex - design and delivery and planning processes ample, is supporting the development of a through the creation of district task forces personal assistance service that is intended (information and consultation centers at the for PWDs and includes the provision of as - district level) and better data collection on sistance to them to perform day-to-day ac - individuals with disabilities and other vul - 56 tivities that cannot be done without the nerable groups. 105 help of another person. UNDP’s project in Albania and its partners, Members of the households of PWDs who support mine victims, adopted a com - may find themselves in a particularly difficult prehensive approach addressing the human situation. The burden of caring for a family rights of multiple beneficiaries. Data on member with disabilities can be very heavy victims is routinely collected and shared and carers can be physically and psycho - among key partners to streamline and opti - logically exhausted and overstressed. Often mize support provided. Nurses residing in they have to lift and carry their family mem - mine-affected villages received training cours - bers with disabilities because they lack es in emergency first aid and community- equipment (wheelchairs, ramps, elevators, based rehabilitation. A prosthesis workshop etc.). The UNICEF study in Kyrgyzstan found was established and is producing new pros - that of unemployed parents, 72.5 percent theses for the amputees in need. Socio-eco - said that they were not working because nomic integration was supported through they had to look after their child with dis - assistance in accessing vocational training abilities. In some cases, parents stated that courses and technical/financial support to the benefits they received from the state open small businesses. were not enough even to buy medication DPOs can also deliver programmes and for the child. The government provides free services for PWDs funded by the government. medicine as humanitarian aid only when it They are flexible in their operations and can is available. 104 Given the importance of quickly respond to local needs. In addition, carers, their needs have to be addressed DPOs can acquire donations from donors,

103 Center for Independent Living Bulgaria, Disability Policies in 2009-2010, Inclusion Put on Hold , 2010, http://www.cil.bg/userfiles/nabliudatelnitsa/Report-2009-2010-EN.pdf 104 UNICEF, Assessment of the Situation of Children with Disabilities in Kyrgyzstan , 2008. 105 UN Women Tajikistan, UN Women support for ratification of the Convention on the Rights of Disabled People in Tajikistan project PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

businesses and private persons and rely on cluding DPOs, to provide social welfare serv - volunteers in delivering their programmes ices. UNDP Serbia is currently supporting and services. In the area of employment, for the development of by-laws for operational - example, DPOs may deliver services to assist izing this law. individuals with disabilities prepare for, attain UNDP Uzbekistan’s project demonstrated or maintain employment. Services may include the potential of NGOs to provide employment information and referral to appropriate services services. Employment services included vo - and programmes, assessment, employment cational training, professional orientation, as - and career counseling, skills training, and sistance on finding a job, coaching, consul - the provision of technical aids, and other tancy on tax and pension benefits, and so support. Serbia, for instance, adopted the on. Four NGOs provided voluntary employ - Law on Social Protection in 2011, which es - ment services without any external financial tablishes formal guidelines and standards support and 208 PWDs found jobs with their for licensing non-governmental groups, in - assistance during 18 months.

57 8 CONCLUSIONS

Many ECIS governments have ex - The guide is purposely generic in order pressed their formal commitment to ad - to facilitate its application in a variety of vancing the human rights of PWDs, rati - local circumstances. It is an expectation fied the CRPD and are implementing it, that it will encourage partners to engage but their progress is inconsistent across into extensive dialogue on specific steps the region. This guide reflects the current that should be undertaken to ratify and/or research and international experiences implement the CRPD. The wide use of the in ratifying the CRPD and its implemen - guide will contribute to ratification of the tation. CRPD and its effective implementation.

58 9 ANNEXES

9.1 Annex 1. Estimated prevalence of disability in ECIS countries

Country Current GDP 2008 Population in Estimated Estimated Population (US$) (billions) Year of Most Re - Disabled Disability (millions) cent Disability Population Prevalence Data (millions)

3.13 Albania 3.14 12.29 94,804 3.0% (2007) 3.07 Armenia 3.08 11.92 148,656 4.9% (2006) 8.58 Azerbaijan 8.68 46.26 281,000 3.3% (2007) 9.70 Belarus 9.68 60.30 512,500 5.3% (2007) Bosnia & Herzegovina 3.77 18.45 n/a n/a n/a 7.91 Bulgaria 7.62 49.90 263,143 3.3% (2001) 4.44 Croatia 4.43 69.33 429,421 9.6% (2001) 59 4.36 Georgia 4.36 12.79 137,806 3.2% (2008) 15.15 Kazakhstan 15.68 132.23 403,400 2.7% (2005) Kyrgyzstan 5.28 4.42 n/a n/a n/a 2.04 Macedonia 2.04 9.52 26,781 1.3% (2006) 3.76 Moldova 3.63 6.05 164,891 4.4% (2005) 0.62 Montenegro 0.62 4.52 67,000 10.8% (2008) 21.55 Romania 21.51 200.071 539,241 2.5% (2007) 142.10 Russia 141.80 1,607.82 13,014,00 9.2% (2007) Serbia 7.35 50.06 n/a n/a n/a 6.17 Tajikistan 6.84 5.19 104,272 1.7% (2000) Turkmenistan 5.03 18.27 n/a n/a n/a 47.45 Ukraine 46.26 180.36 2,500,000 5.3% (2004) 26.49 Uzbekistan 27.31 22.3 n/a n/a (2006) Source: USAID, The Prevalence of Disability in Europe and Eurasia, 2009 PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

9.2 Annex 2. Bibliography European Agency for Fundamental Rights, The right to political participation of persons Academic Network of European Disability ex - with mental health problems and persons with perts (ANED), Romania – ANED country profile , intellectual disabilities , 2010. Albania, National Strategy on People with Dis - European Union Agency for Fundamental abilities, 2009 . Rights, Access to Justice in Europe: An Overview of Challenges and Opportunities , 2011. Andreev, Aleksandr A., To Work or Not to Work? Labor Supply Decisions of Russia’s Disabled , European Union Agency for Fundamental Honors Thesis submitted in partial fulfilment Rights, The legal protection of persons with of the requirements for Graduation with Dis - mental health problems under non-discrimi - tinction in Economics at Trinity College Arts nation law , 2011. and Sciences, Duke University, 2008. Eurasia Foundation and the Caucasus Research Belarus, Ministry of Labour and Social Pro - Resource Centers, Equal Before the Law? A tection of the Republic of Belarus, UNDP, Sit - Study of How Citizens Experience Access to uation of Persons with Disabilities in Belarus , Justice in Kazakhstan, Kyrgyzstan and Tajikistan , Minsk, 2010. 2011. Bosnia and Herzegovina, Council of Ministers Hamlin, Alexandra and Peter Oakes, “Reflec - and Directorate for Economic Planning, Social tions on Deinstitutionalization in the United 60 Inclusion Strategy of Bosnia and Herzegovina , Kingdom”, Journal of Policy and Practice in In - 2009. tellectual Disabilities , Volume 5, No. 1, pp. 47- 55, March 2008. Braithwaite, Jeanine and Daniel Mont, Disability and Poverty: A Survey of World Bank Poverty Handicap International, Free Movement of Assessments and Implications , Social Protection People with Disabilities in South East Europe: and Labor Discussion Paper No. 0805, 2008. An Inaccessible Right ?, 2006. Bulgaria, Center for Independent Living Bul - Holland, Daniel, “The current status of disability garia, Disability Policies in 2009-2010, Inclusion activism and non-governmental organizations Put on Hold , 2010. in post-communist Europe: preliminary find - ings based on reports from the field”, Disability Bulgaria, Mental Disability Advocacy Center, & Society, Vol. 23, No. 6, pp. 543-555, October Written Submission to the Universal Periodic 2008. Review Working Group, Ninth Session, 1-12 No - vember 2010, with respect to Bulgaria. ILO, The Employment Situation of People with Disabilities: Towards Improved Statistical Infor - Cheema, G. Shabbir, “Linking Governments mation , 2007. and Citizens through Democratic Governance”, in Public Administration and Democratic Gov - Isaac, Rebecca, B. William Dharma Raja and ernance: Governments Serving Citizens , UN, M.P. Ravanan, “Integrating People with Dis - 2007, 7th Global Forum on Reinventing Gov - abilities: Their Right – Our Responsibility”, ernment, Building Trust in Government, 26- Disability & Society Vol. 25, No. 5, pp. 627– 29 June 2007, Vienna, Austria. 630, August 2010. Elinson, Lynn, William D. Frey, Tiandong Li, Junjan, Veronica, Mugur Ciumăgeanu, Ioana Martha A. Palan and Richard L. Horne, “Eval - Micluţia and Ioana Crăciun, “Labor Integration uation of Customized Employment in Building of Persons with Disabilities in Public Institu - the Capacity of the Workforce Development tions in Romania”, Transylvanian Review of System”, Journal of Vocational Rehabilitation Administrative Sciences , No. 33 E/2011, pp. 28, pp. 141–158, 2008. 109-123. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

Kosovo, Coalition of Organizations of People habilitation Education , Volume 21, No. 4, pp. with Disability of Kosovo, National Report for 277-284 , 2007. People with Disabilities in Kosovo , Pristina, 2007. Romania, Law on the Protection and Fostering Krahe, Barbara and Colette Altwasser, “Chang - of the Disabled People’s Rights , 2006. ing Negative Attitudes Towards Persons with Physical Disabilities: An Experimental Inter - Seitenova, Ai-Gul S. and Charles M. Becker, vention”, Journal of Community & Applied Disability in Kazakhstan: An Evaluation of Official Social Psychology , 16: 59-69,2006. Data, Social Protection and Labor , World Bank Discussion Paper No. 0802, February 2008. Lazova-Zdravkovska, Slobodanka, “Process of Deinstitutionalization of People with Disability Swedish Helsinki Committee for Human in the Republic of Macedonia”, Journal of Special Rights, Study and Assessment of Legislation Education and Rehabilitation 3-4: pp. 49-58, 2007. on Disabilities in Albania , 2006. Merkuryeva, Irina, The System of Disability Tajikistan, Bureau of Human Rights and Rule Benefits in Russia: Estimation of Targeting Ac - of Law, Implementation of Rights of People curacy , Economics Education and Research with Disabilities in Sogd Oblast: Report on Mon - Consortium Working Paper, Series ISSN 1561- itoring Outcomes , 2011. 2422, No. 07/04, 2007. Turkey, Submission to the United Nations Com - Moldova, The Law on Social Protection of the mittee on Economic, Social and Cultural Rights, Disabled , 2000. Pre-Session, 25-28 May 2010. Mont, Daniel, World Bank, Measuring Disability Turkey, Prime Ministry Administration for Dis - Prevalence , 2007. abled People, Research on Measurement of Disability Discrimination , 2010. Montenegro, Government of Montenegro, 61 Report on Implementation of the Action Plan UNDP, Human Development Report 2000: Hu - for Implementation of the Strategy for Integration man Rights and Human Development , 2000. of Persons with Disabilities in Montenegro , 2010. UNDP BRC, Regional Human Development Re - OECD, Priorities for Action, Education and Equity , port Beyond Transition: Towards Inclusive So - Policy Brief 2004. cieties , 2011. OECD, Education Policy Analysis , 2003. UNDP BRC, Questions and Answers: Basic Rat - OECD, Disability in Higher Education , 2003. ification Guidelines for the Convention on the Rights of Persons with Disabilities. Oorschot, Wim van and Maarten Balvers, Eu - ropean Comparative Data on the Situation of UNDP BRC, UNDP’s Survey on access to Justice Disabled People: an Annotated Review . Report in Europe and CIS , 2009. prepared for the Academic Network of Eu - UNDP BRC, At Risk: Roma and the Displaced ropean Disability Experts (ANED), 2009. in Southeast Europe: A Regional Human De - Österblom, Karolina, Persons with disabilities velopment Report , 2006. in Romania, Context Analysis , 2008. UNDP BRC, The Roma in Central and Eastern Peters, Susan J., Inclusive Education: Achieving Europe: Avoiding the Dependency Trap: A Re - Education for all by Including Those with Dis - gional Human Development Report , 2006. abilities and Special Education Needs , prepared for the Disability Group, World Bank, 2003. UNDP Kazakhstan, National Human Develop - ment Report 2009, From Exclusion to Equality: Rak, Eniko C. “Rehabilitation Policy and Practice Realizing the Rights of Persons with Disabilities in Romania: Implications for Training,” in Re - in Kazakhstan , 2009. PROMOTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES IN EUROPE AND THE COMMONWEALTH OF INDEPENDENT STATES: GUIDE

UNDP Poland, How to make an accessible USAID, Prevalence of Disability in Europe and webpage. Guidelines for designers and content Eurasia , 2009. editors , 2011. USAID, Transitions Towards an Inclusive Future: UN Enable, Handbook for Parliamentarians Vocational Skills Development and Employment on the Convention on the Rights of Persons Options for Persons with Disabilities in Europe with Disabilities. and Eurasia , 2009. United Nations Moldova, Memorandum to Wapiennik, Ewa, “Comparative Policy Brief Office of the High Commissioner for Human Status of Intellectual Disabilities in the Republic Rights , 2010. of Poland”, Journal of Policy and Practice in In - tellectual Disabilities , Volume 5, No. 2, pp. UNESCO, International Bureau of Education, 137–141, June 2008. Albania, Regional Preparatory Workshop on In - clusive Education in Eastern and South Eastern WHO and World Bank, World Report on Dis - Europe , 2007. ability , 2011. UNICEF, Innocenti Insight, Children and Dis - WHO and Ministry of Health of the Republic ability in Transition in CEE/CIS and the Baltic of Azerbaijan, Mental Health System in the Re - States , 2005. public of Azerbaijan , Baku 2007. UNICEF, Innocenti Digest No.13, Promoting WHO, International Statistical Classification of 62 the Rights of Children with Disabilities , 2007. Diseases and Related Health Problems , 10th Edition, 2009. UNICEF, Assessment of the Situation of Children with Disabilities in Kyrgyzstan , 2008. World Bank, Qualitative Survey on Disability and Living Standards in Georgia , 2007. USA Department of Justice, Americans With Disabilities Act of 1990. http://europeandcis.undp.org

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