coalition of individuals, organisations and agencies of the people, for the people and by the people with disabilities in eastern europe (ukr

COALITION OF INDIVIDUALS, ORGANISATIONS AND AGENCIES OF THE PEOPLE,
FOR THE PEOPLE AND BY THE PEOPLE WITH DISABILITIES IN EASTERN EUROPE
(UKRAINE, RUSSIA, BELARUS, MOLDOVA AND POLAND)
Equal rights for all
1.
Introduction
The Coalition represents over 100 organisations, government and
non-government- and people with a wide range of disabilities –
physical, visual, hearing, multiple and learning – and their families
and friends from the above 5 countries.
The organisations came together in their respective countries to
discuss the rights of people with disabilities within the legal,
constitutional and social frameworks in each country.
This process was funded by the British Foreign Office through the
Human Rights Project Fund and managed by the British Council in
Ukraine.
Some of the countries in this region, Ukraine and Belarus in
particular, are still suffering from the impact of the Chernobyl
nuclear disaster that took place in April 1986 and resulted in a
dramatic increase in congenital birth defects. In addition, social and
economic transition has led to further marginalisation of people with
disabilities. And the Soviet policy of institutionalisation of people
with disabilities continues even to this date. Medical, social,
educational, cultural and economic support are very inadequate for
people with disabilities and their families, and there is considerable
stigma and discrimination against people with disabilities.
The British Council, in co-operation with its partners in Ukraine and
Poland, and jointly with Open Health Institute, St. Petersburg, Soros
Foundation, Moldova and the Belarusian Association of Assistance to
Handicapped Children and Young People in Belarus, organised a series
of meetings during which the participants
*
shared common concerns
*
discussed violations of rights of people with disabilities that
are experienced on a daily basis
*
examined existing international conventions and covenants to see
whether or not they were relevant to the needs and rights of
people with disabilities
*
identified gaps in existing international conventions and
covenants
*
discussed the legal and social frameworks in each country and the
laws and attitudes that support or discriminate against people
with disabilities.
Important Comment:
It was generally agreed that if the existing international treaties
were to be implemented in the true spirit in which they have been
drawn up, there would be no real need for a separate convention for
people with disabilities. However, the reality is that despite the
fact that each of the 5 countries are signatories to the various
conventions, people with disabilities continue to feel socially,
economically, politically and culturally excluded.
What is lacking is a strong national or international mechanism to
guarantee that people with disabilities are given the same rights and
freedoms that are enshrined in the Universal Declaration of Human
Rights; Convention on the Rights of the Child; Covenant on Civil and
Political Rights; and the Covenant on Social, Economic and Cultural
Rights. In addition there is no monitoring/reporting body or court
that can be accessed by people with disabilities when their rights are
violated.
What is also lacking is specific reference to people with disabilities
in the existing Conventions (with the exception of the Convention on
the Rights of the Child). The rights of people with disabilities
should be incorporated into ALL the Conventions so that they read that
ALL people have equal rights regardless of race, colour, gender,
sexual orientation, age, level of ability or disability, caste or
nationality.
Therefore this coalition strongly urges that:
*
the purpose of the new Convention that is formulated should be to
ensure that any human being with any kind of disability, as a
member of the whole community, may exercise the same rights and
freedoms and have the same obligations as others. It is a
political and juridical commitment from all Member States to take
action for the equalisation of opportunities for people with
disabilities.
*
It should also categorically state that all the existing
Conventions and Covenants should be extended to cover the rights
of all people with disabilities.
*
the UN or a body established by the UN, proposes an effective
machinery to monitor the implementation of this convention in the
Member States, and takes responsibility for reporting cases of
violations to the UN
*
people with disabilities are made aware of this new convention and
the rights contained therein
*
people with disabilities have access to the body established by
the UN for support and information
In order to ensure the above, this coalition recommends that the new
Convention incorporates the following Core Rights for People with
Disabilities that they are guaranteed within the Universal Declaration
of Human Rights but that need to highlighted in the new convention:
1.
Right to equal citizenship and social inclusion in all societies
2.
The right to life, liberty and security of person to any person
with disabilities
3.
The right to all the rights laid down in the 4 major conventions
and covenants in order that people with disabilities are able to
lead full lives and contribute to their maximum potential to their
country’s social, economic, political, civil and cultural
development.
4.
Right to equal recognition and protection by the law
5.
All men and women, without any limitation due to disability, race,
nationality, religion have the right to marry and to found a
family.
6.
All people, regardless of their disability, have the right to
freedom of opinion and expression.
Specific provision on the implementation process of the rights of
people with disabilities:
(a) Equality before the law and entitlement to an equal protection of
the law
States Parties should ensure that national legislation includes the
rights and obligations of persons with disabilities on an equal basis
with the other members of the community. Thus, States are obliged to
ensure that people with disabilities exercise their rights, including
their human, civil and political rights, on an equal basis with other
citizens. States must ensure that organisations of persons with
disabilities are involved in the development of national legislation
regarding the rights of people with disabilities, as well as in the
ongoing evaluation of that legislation.
State Parties should have the duty to ensure the right of people with
disabilities to a fair juridical defence and assistance from the
office. State Parties should also have the duty to ensure the right of
people with disabilities to special treatment during arrest and
detention. States may also consider establishing formal statutory
complaint mechanisms in order to protect the interests of persons with
disabilities.
(b) Accessibility as a way to equal participation
For people with disabilities of any kind, States should (1) introduce
programmes of action to make the physical environment accessible, and
(2) undertake measures to provide access to information and
communication.
(1) Access to physical environment
State Parties should ensure specific measures to remove all obstacles
to participation in the physical environment. Such measures should be
to develop standards and guidelines and to consider enacting
legislation to ensure accessibility to various areas in society, such
as housing, buildings, public transport services and other means of
transport, streets and other out-door environments. Member States
should aim for the gradual use only of those public transport as well
as other equipment for public use that are convenient for the specific
needs of persons with disabilities.
(2) Access to information and communication
Persons with disabilities and, where appropriate, their families and
advocates should have access to full information on diagnosis, rights
and available services and programmes, at all stages. Such information
should be presented in forms accessible to people with disabilities.
State Parties should develop strategies to make information services
and documentation accessible for different groups of persons with
disabilities.
State Parties should ensure that the media, especially television,
radio and newspapers make their services accessible and should also
ensure that new computerised information and service systems offered
to the general public are either made initially accessible or are
adapted to be made accessible to the persons with disabilities.
c.
The right to education
State Parties should ensure the principle of equal primary, secondary
and tertiary educational opportunities for children, youth and adults
with disabilities, in integrated settings. Education for people with
disabilities should constitute an integral part of national
educational planning curriculum development and school organisation.
In situations where the general school system does not yet adequately
meet the needs of all people with disabilities, special education may
be considered. The quality of such education should reflect the same
standards and ambitions as general education and should be closely
linked to it. State Parties should aim for the gradual integration of
special education services into mainstream education.
(d) The right to medical care and rehabilitation
State Parties should ensure the provision of effective medical care
and support to persons with disabilities, and that this category of
persons, particularly infants and children, are provided with the same
level of medical care within the same system as other members of
society. Member States should also ensure that all medical and
paramedical personnel are adequately trained and equipped to give
medical care to persons with disabilities and that they have access to
relevant treatment methods and technology.
State Parties should ensure the provision of rehabilitation services
to persons with disabilities in order to reach and sustain their
optimum level of independence and functioning and should develop
national rehabilitation programmes for all groups of persons with
disabilities, without any discrimination to those with severe and/or
multiple disabilities. Such programmes should be based on the
individual needs of persons with disabilities and on the principles of
full participation and equality.
State Parties should ensure the provision of supportive devices and
equipment, personal assistance and interpreter services, according to
the needs of persons with disabilities, as important measures to
achieve true opportunities.
(e) The right to equal employment and social security
The laws and regulations in the employment field must not discriminate
against persons with disabilities and must not create obstacles to
their employment. States Partie should actively support the
integration of people with disabilities into open employment and
should ensure that employment is accessible to all on the basis of
professionalism. This active support could occur through a variety of
measures, such as vocational training, incentive-oriented quota
schemes, reserved or designated employment, loans or grants for small
business, exclusive contracts or priority production rights, tax
concessions, contract compliance or other technical or financial
assistance to enterprises employing workers with disabilities.
State Parties should undertake their duty to create privileged
conditions for persons with disabilities as with other members of the
community. Also, to guarantee the right to a just and favourable
remuneration ensuring the person with disability and his family an
existence worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
Member States should ensure the provision of adequate income support
to persons with disabilities who, owing to disability or
disability-related factors, have temporally lost or received a
reduction in their income or have been denied employment
opportunities. States should guarantee that the provision of support
takes into account the costs frequently incurred by persons with
disabilities and their families as a result of the disability. State
Parties should also ensure the provision of income support and social
security protection to individuals (including parents and siblings)
who undertake the care of a person with a disability. Consequently,
State Parties should include disability matters in the regular budgets
of all national, regional and local government bodies.
(f) Family life and personal integrity
State Parties should ensure the full participation of people with
disabilities in family life. They should promote their right to
personal integrity and guarantee that laws do not discriminate against
persons with disabilities with respect to sexual relationships,
marriage and parenthood. Persons with disabilities should be enabled
to live with their families and must have the same access as others to
family-planning methods, as well as to appropriately designed and
accessible information on sex and sexuality.
Persons with disabilities and their families need to be fully informed
about taking precautions against sexual and other forms of abuse and
also to be educated on how to avoid the occurrence of such abuse,
recognise when abuse has occurred and report such acts. They should
also have access to information about public health issues such as
HIV, TB and sexually transmitted infections in order to protect their
health and lives.
(g) Right to political participation
State parties should ensure that people with disabilities have the
right to vote and that they receive adequate education in political
affairs so that they are able to make a contribution to the politics
of the country. People with disabilities should be provided with the
necessary tools and technologies to cast a ballot independently and
secretly. They should be assisted in the right to be elected,
particularly as this will give them an opportunity to voice the needs
of people with disabilities.
State parties should consider reservation of national and local
parliamentary seats for people with disabilities in order to ensure
their participation in political dialogues within the Member States.
(h) Right to a life without stigma and discrimination
Stigma and discrimination associated with disability are barriers to
people with disabilities to leading full lives and it must be the duty
of Member States to ensure to remove these obstacles. This includes
the use of inappropriate terminology such as defective, deficient
people. Instead, it is the duty of State parties to educate the public
about people with special or different needs, people with
disabilities, thereby focusing on the person first and then the
differences s/he has.
Member States should also ensure that people with disabilities are
able to lead a life without inhumane, demeaning or humiliating
treatment and that people who are receive such treatment are
compensated for this either by the government or by the perpetrators
of such treatment. In addition, such perpetrators must face the legal
consequences of their actions.
i.
Right to acceptable standards of housing and accommodation
State parties must made adequate provision for appropriate
accommodation for people with disabilities which will include access
and where necessary, modified to the specific needs of individuals and
their families. Such accommodation must be safe particularly in terms
of fire and other safety hazards so as to enable persons with
disabilities to live in a risk-free environment.
State parties must ensure that neonate children and babies diagnosed
with disabilities are able to live with their families and not
institutionalised and that special housing is offered to the families
so that children are able to grow up in a loving and caring
atmosphere.
(j) The equal right to cultural activities and recreation
State Parties should ensure that persons with disabilities are
integrated into and can participate in cultural activities on an equal
basis and have the opportunity to utilise their creative, artistic and
intellectual potential, not only for their own benefit, but also for
the enrichment of their community. They also should take measures to
ensure that persons with disabilities have equal opportunities for
recreation and sports.
k.
The Right to religious and spiritual beliefs and practices
State parties must ensure that all people with disabilities have the
right to make choices of their faith, belief and religious practices
and that they have access to places of worship. There should be no
forced conversions or beliefs imposed upon them either.
The monitoring mechanism
The monitoring process should be put into effect both through the
national monitoring process and through international monitoring
mechanisms.
The national monitoring process should be the responsibility of State
Parties who should undertake continuous monitoring and evaluation of
national programmes and services concerning the equal opportunities
for people with disabilities. In doing so, State Parties should carry
out their obligation to appoint an independent national authority for
monitoring the finances from budgetary or/and extra-budgetary
resources assigned to persons with disabilities. The independent
national authorities should comprise a panel of independent experts
with relevant and extensive experience in disability issues funded by
extra-budgetary resources from different projects organised by the
specialised agencies of the United Nations. These independent national
authorities shall prepare reports and present them annually to the
specialised agencies of the United Nations.
The purpose of the international monitoring mechanism is to guarantee
effective implementation of the Convention, to identify obstacles and
suggest suitable measures that would contribute to a successful
outcome. It will assist each State Party in assessing its level of
implementation of the Convention and in measuring its progress. State
Parties should participate in international co-operation in order to
develop common standards for national evaluation in the disability
field and to ensure that the rights and needs of people with
disabilities are included in all relevant policy-making and national
planning.
* * * * * * * * * * * *

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