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Promoting The Human Rights of Persons with

Disabilities in Europe and the Commonwealth

of Independent States: Guide

http://europeandcis.undp.org

U N D P R E G I O N A L C E N T R E F O R E U R O P E A N D T H E C I S

UNDP Regional CentreFor Europe and the CIS Grosslingova 35

811 09 Bratislava

Slovak Republic

Tel.: +421 2 5933 7111

Fax: +421 2 5933 7450


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

Empowered lives.Resilient nations.


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

Copyright © 2013By the United Nations Development Programme

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 necessarilyrepresent 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 CISand beyond that most Persons with Disabilities (PWD)can, in fact, function effectively at work, school, and withsociety, if given required support. Legacies of the socialistsystem with its medical model of disability that believedthat limitations arising from disability can potentially beprevented or managed by medical treatment of PWDscontributes to this. Therefore, it is no surprise that themedical 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. Multiplebarriers still exist in access to employment, education, housing, health, political participation,cultural expression, entertainment, and leisure activities. Inaccessibility and prejudices insociety make life difficult and prevent access to basic rights and services such as participatingin political process, gaining access to justice, and engaging in meaningful economic andsocial 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 thisdiscrimination and violation of the rights of persons with disabilities – if it is implementedeffectively and supported by policies and programmes to promote the active inclusion ofthis population. Easier said than done.

The inclusion of persons with disabilities in development efforts is a question of humanrights, 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 theCRPD. The constituent elements (national human rights institutions, CSOs, national agencies,judicial and quasi-judicial bodies, legislative bodies) of the national human rights systemsin our respective countries have an active duty to take this up and mainstream disabilityissues, challenges, and, solutions into vision, strategic planning, annual work plans,budgeting and resource allocation.

These are critical for achieving inclusive growth, internationally agreed developmentgoals (i.e., Millennium Development Goals, Post-2015 Development, Social Development


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

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

A.H. Monjurul Kabir

Acting Practice Team Leader, Democratic GovernancePolicy Adviser, Rule of Law, Justice and Human Rights

UNDP Europe and Central Asia

5

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 . . . . . . . . . . . . . . . . . . . . . . . . .205.1. Use the Universal Periodic Review to emphasize the importance

of ratification of CRPD to advancement of the human rights of PWDs . . . . . . . . . . . . .205.2. Revise the existing legislation to align it with the CRPD requirements . . . . . . . . . . . . .215.3. Develop an Action Plan, including specific steps

that have to be undertaken to ratify the convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .225.4. Create and enhance consultation mechanisms for PWDs’

involvement in decision making. Strengthen capacities of DPOs. . . . . . . . . . . . . . . . . . .235.5. Address attitudinal barriers to disability and ensure

wide public support of ratification of the CRPD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

6. MEASURES SUPPORTING THE SUCCESSFUL IMPLEMENTATION OF THE CONVENTION AND OTHER DISABILITY LEGISLATION . . . . . . . . . . . . . . . . . . . . . . . . . . .306.1. Use the Universal Periodic Review, Treaty Bodies and Special

Procedures of the UN recommendations to advance the disability agenda . . . . . . . .326.2. Support effective operationalization of the existing disability legislation

into policies and programmes and strengthen the capacity of the public service . .346.3. Support interventions promoting accessibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .366.4. Clarify definitions and improve quality and availability of data . . . . . . . . . . . . . . . . . . . . .386.5. Promote individualized and comprehensive approaches . . . . . . . . . . . . . . . . . . . . . . . . . .416.6. Enhance access to justice for PWDs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .426.7. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .477.1. Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .477.2. Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .507.3. Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .527.4. Social protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54

8. CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58

9. ANNEXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .599.1 Annex 1. Estimated Prevalence of Disability in ECIS countries . . . . . . . . . . . . . . . . . . . . . .599.2 Annex 2. Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60

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

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

ABBREVIATIONS AND ACRONYMS

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Persons with disabilities (PWDs) are clearlyamong the most marginalized and excludedgroups in Europe and the Commonwealthof Independent States (ECIS) countries. In theECIS by all definitions of poverty, PWDs areover-represented among the poor and facemultiple barriers in exercising their humanrights. Social exclusion, low educational at-tainment, unemployment, low self-esteemand limited opportunities to participate inpolitical and social life are frequent parts oftheir daily experience. The human rights ofPWDs are now formally recognized in consti-tutions and specific legislation, but the tran-sition period contributed to the increase inthe numbers of PWDs and created barriersto the realization of their human rights in allECIS countries. The extent and nature of ex-clusion of PWDs differ from one sub-regionto another, as well as within countries.

In the ECIS, PWDs face multiple obstaclesto fulfilling their human rights:

• Legacies of the socialist system with itsmedical model of disability that believedthat limitations arising from disability canpotentially be prevented or managed bymedical treatment of PWDs. The medical

model and charity ideology shaped theECIS countries’ legislation, policies andprogrammes.

• Limited accessibility: in the ECIS the over-whelming majority of buildings, includinggovernment institutions is not accessibleto PWDs, which restricts their opportunitiesto exercise their rights in many areas.

• Multiple barriers in access to employment:education, housing, health, political par-ticipation, access to justice, cultural ex-pression, entertainment, and leisure ac-tivities still exist.

• Attitudinal barriers: there is a genuineand widespread lack of understandingin the ECIS that most PWDs can in factfunction effectively at work, school,and with society, if given adequatesupport.

This guide reflects the current researchand international experiences in ratifying theUnited Nations Convention on the Rights ofPersons with Disabilities (CRPD) and its im-plementation. The convention, as one of in-ternational human rights laws, pursues thegoal of safeguarding the integrity and dignityof PWDs by establishing legal obligationson states to protect the rights of all PWDs

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EXECUTIVE SUMMARY

Benefits of ratification of CRPD

States are required to ensure alignment of legislation and policies with CRPD and

implement their commitments

Universal language and conceptual human rights framework to promote

rights of PWDs is adopted

Capacities of PWDs and their organizationsimprove. They become more extensively

involved in decision-making

States are required to report on theircompliance with CRPD and progress

made

under their jurisdiction. The societies in coun-tries that ratify the convention have to identifythe societal barriers that prevent PWDs fromfull and effective participation and inclusionin all aspects of community life, includingemployment, education, housing, health, po-litical participation, access to justice, culturalexpression, entertainment, and leisure activitiesand implement a series of measures to grad-ually reduce and eventually eliminate thesebarriers.

There is a range of measures that can beadopted to support ratification of the CRPD:

• use the Universal Periodic Review (UPR)to emphasize the importance of ratificationof CRPD to advancement of the humanrights of PWDs. As ratification of CRPD isrecommended to many countries in theregion and many governments haveagreed to ratify it, it is essential to provideextensive support to national partnersin implementation of this recommenda-tion. Support should be provided to bothNational Human Rights Institutions (NHRI),governments and NGOs in developingplans of action and building their capacityto ratify the CRPD as a part of the UPR;

• revise the existing legislation to align itwith CRPD requirements. The analysis ofthe legislation will demonstrate the degreeof protection or promotion of rights ofPWDs and the extent of laws’ alignmentwith key provisions of the convention.Once the laws are reviewed and analyzed,they should be revised and aligned withthe CRPD’s human rights model, ap-proaches and language;

• develop an action plan, including specificsteps that have to be undertaken to ratifythe convention. The governments movingtowards ratification of CRPD should bewell aware of legislative, policy and budg-etary implications of ratifying CRPD andshould have sufficient capacity to imple-ment it. Such areas as conducting research,developing policy options, conductingpolicy assessments as well as estimating

costs of new policy initiatives in the areaof disability should be strengthened toprepare them for CRPD ratification;

• strengthen PWDs’ role and involvementin decision making. To make sure thatthe voices of the PWDs are heard andthat politicians realize that the electorateis supportive of CRPD ratification, it isnecessary to empower PWDs andstrengthen their capabilities to demandand use their rights through democraticpolitical processes;

• address attitudinal barriers to disabilityand ensure wide public support for rati-fication of CRPD. Public attitudes maythemselves be critical to either advancingor hindering the inclusion of PWDs. Toobtain better data on public perceptionsof disability and to raise public awareness,it is beneficial to conduct nationwidepublic opinion surveys focusing on dis-ability issues, and implement awareness-raising interventions based on the dataobtained from such surveys that will becustomized to different audiences suchas parents, employers, public servants,the general public and PWDs.

Following ratification of CRPD, govern-ments as “duty-bearers” have to ensure im-plementation of the commitments under-taken and mainstream human rights of PWDsinto their sectoral policies. Specific interven-tions that can be implemented include:

• using the UPR, treaty bodies and specialprocedures of the UN recommendationsto advance the disability agenda. The rec-ommendations developed by the UN bod-ies in the area of disability should informdevelopment and implementation of ad-vocacy, policy and programme interven-tions at the national level. They can alsobe used as a common platform to coordi-nate efforts of all development partnersin promoting the disability agenda.

• aligning legislation and policies withCRPD requirements and supporting ef-fective operationalization of the existing


8

disability legislation in policies and pro-grammes;

• strengthening the capacity of the publicservice. The roles and responsibilities ofpartner ministries should be clearly out-lined; interministerial coordination in thearea of disability should be improved;safeguards should be introduced to ensurethat decentralization promotes the humanrights of PWDs; innovative approachesto promote the human rights of PWDshave to be piloted before embarking onnationwide implementation; and trainingof public servants on how to design andimplement human rights-based disabilitypolicies and programmes should be con-ducted;

• supporting interventions promoting ac-cessibility. Accessibility is not only aboutphysical accessibility of buildings – PWDsface barriers at the levels of institutions,policies, and attitudes. It is about creatingan environment in which systemic barriersto the full participation of PWDs are re-duced or eliminated so that they haveequal access to the constructed environ-ment, transport, information, communi-cation and services;

• clarifying definitions and improving qualityand availability of data. The CRPD can beratified and policies promoting the humanrights of PWDs can be adopted, but the

real impact of these measures should bemonitored at the household and individuallevel. Clear and objective statistical dataon PWDs is necessary to lay the basis forsound disability-related policies and pro-grammes to meet the CRPD requirements.Consistent definitions of disability alignedwith good international practices shouldbe adopted, processes for data collectionestablished and databases created tomeet the CRPD requirements and prioritizedisability-related concerns in resource al-location and policy/programme devel-opment. It is important to note that def-initions are key to gathering adequatedata;

• promoting individualized and compre-hensive approaches. PWDs have diversestrengths and needs and are not a ho-mogenous group. More individualizedapproaches to support for PWDs shouldbe adopted across all sectors as a practicalapplication of the human rights approach;

• ensuring that PWDs have equal recognitionbefore the law. To ensure that such coreprovision of the CRPD as the right ofPWDs to equal legal recognition, capacityand support before the law, the followinginterventions can be implemented: main-stream the goals of promoting rights ofPWDs into reforms of the justice sector;revise the existing legislation and policies


9

Capacity building of civil society,

including DPOs

Capacity-building of public service

in disability and CRPD

Effective disability policies aligned

with CRPD

Improved accessibility

Well coordinated sectoralpolicies and programmes

aligned with CRPD

Improved acccess to justice for PWDs

Individualized and comprehensive approaches

to support PWDs

Successful implementation

of CRPD

in such diverse sectors as employment,public transport, telecommunications andinformation, procedural law, social andhealth protection, education, public pro-curement, family law, criminal law andother relevant areas to ensure that theyguarantee the non-discrimination of PWDs;implement interventions supporting theoffice of the ombudsman; conduct tar-geted awareness-raising interventions totrain and educate the judiciary about therights of PWDs; and support PWDs whochose the legal profession to grow pro-fessionally and assume positions of sig-nificance in the justice system;

• enhancing access to justice for PWDs.PWDs should be provided with the samelegal rights and access to justice as thenon-disabled. To ensure that such coreprovision of the CRPD as the right ofPWDs to equal access to justice as wellas support and accommodation in thejustice process are met, the following in-terventions can be implemented: identifyand address physical and communicationbarriers that PWDs face in accessingjustice; legislate a right for free legal aidfor PWDs; develop a system that wouldprovide support or assistance to enablethem to make decisions for themselvesand expand their capacities to do so;and support the relevant ministries andagencies in consulting PWDs on accessto justice matters;

• ensuring that the intersection of therights of PWDs with the gender equalityagenda and minority rights (i.e., multi-ple/aggravated discrimination) is properlyaddressed.

As the barriers and challenges that PWDsface are multi-faceted, interventions promot-ing the human rights of PWDs should be di-versified and involve multiple partners. Somesectoral interventions promoting rights ofPWDs are outlined below:

• Education. Develop new protocols andprocedures and train commissions to

spend more time objectively assessingchildren’s strengths and needs and drawon a wide range of information in makingplacement decisions for students withspecial needs. Develop and implementindividual education plans to enhancestudent’s goals, strengths and needs, sup-port provided and indicators of success.Teachers should be trained on how toeducate children with disabilities andparents have to be included as respectedand equal partners.

• Health. Ensure timely and equitable pro-vision of such basic devices such asglasses, hearing aids, and crutches. Educatehealth care providers about the disabili-ty-specific health-service needs of PWDs,their rights and the consequences of notgetting the services to which they areentitled. Improve the availability, accessand quality of medical rehabilitation in-cluding assistive devices (e.g., prosthetics,orthotics, wheelchairs and walking aids).To make sure that the process of deinsti-tutionalization promotes the human rightsof PWDs, it is necessary to clarify the ac-countability of national and local admin-istrations for services and support providedto former inpatients. Standards shouldbe developed and enforced and qualitycontrols introduced.

• Employment. Ensure that the existinganti-discrimination laws and specificlabour codes are enforced and employersknow their obligations and penaltiesfor failing to comply with the disabilitylegislation. Employers should not be re-quired to hire any person with a disability,they should be asked to hire peoplewho are qualified and accommodatethe limitation caused by disability onan individual, case-by-case basis. Ac-commodation could include physicalmodifications, such as the constructionof ramps, provision of devices such asvisual and hearing aids, as well as jobrestructuring to suit the abilities of theworker with disabilities. Implement awide range of potential interventions


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supporting employment of PWDs, suchas job coaching and mentoring, pre-employment training and upgrading,post-secondary education, aids and de-vices, wage subsidies for PWDs, tax in-centives for employers, sheltered em-ployment, reservation of a specific num-ber of positions in public service forPWDs, and workplace support. Imple-ment individualized support that meetsthe strengths and needs of PWDs aswell as local economic conditions.

• Social protection. Expand the range ofprogrammes, services and benefits pro-vided by the national and local govern-ments to PWDs and re-design them from

the human rights and equity perspectives.Keep salaries of social workers attractiveand provide them with access to work-place training and educational opportu-nities. Promote a personal assistance serv-ices model to support the rights of PWDsfor independent living and mobility. Giventhe importance of carers, their needshave to be addressed through opportu-nities for respite, social interactions withother carers and supplementary socialtransfers. The capacities of disabled per-sons’ organizations (DPOs) can be strength-ened so that they will be able to deliverprogrammes and services for PWDs fund-ed by the government.


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More than 1 billion people in the worldlive with some form of disability and thisnumber will increase in the years to come. Asignificant proportion of PWDs live in theEurope and the Commonwealth of Inde-pendent States (ECIS) region and the numbersof PWDs are on the rise. In Tajikistan, for ex-ample, according to the data from the Ministryof Labour and Social Protection, the totalnumber of PWDs was over 150,000 by theend of 2010, which is 12,000 higher than in2005. Furthermore, the number of childrenwith disabilities under the age of 16 grewfrom under 14,000 in 2005 to over 20,000 in2010.1

Many ECIS governments have expressedtheir commitment to advancing the humanrights of PWDs, ratified the CRPD and areimplementing it. As a part of its continuousefforts to strengthen the capacity of keypartners and promote the human rights ofPWDs across ECIS, the United Nations De-velopment Programme Bratislava RegionalCentre (UNDP BRC) is publishing this guide.The region-specific guide provides analysisof the key areas where PWDs are experiencing

barriers and highlights the policy and pro-grammatic approaches that have been ef-fective for promoting their human rights. Itreflects the current research and internationalexperiences and contains examples and rec-ommendations for national stakeholders andinternational partners to support them inthe effective ratification and implementationof the CRPD.

UNDP BRC actively engaged UNDP Coun-try Offices (COs), internationally recognizeddisability experts and practitioners into con-sultations and development of this guide. Itcontains a wide range of examples of suc-cessful strategies utilized by practitioners inthe ECIS countries to promote ratificationand implementation of the CRPD. UNDP mayfurther revise the guide as new understandingand experiences are acquired and successfulpractices in promoting the rights of PWDsare identified.

This guide is not meant to be a definitivesource of information but should be seen asgiving suggestions on practices and tools. Itis intended to be used in conjunction withother existing resources.2

INTRODUCTION

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1

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 ofdisability and provides the evidence of innovative policies and programmes that can improve the lives of people withdisabilities. WHO and World Bank, World Report on Disability, 2011.

The term “disability” summarizes a greatnumber of different functional limitationsoccurring in any population in any countryin the world. People may be disabled byphysical, intellectual or sensory impairment,medical conditions or mental illness. Suchimpairments, conditions or illnesses may bepermanent or transitory in nature. They mayhave a disability from birth or have acquiredit in childhood, their teenage years, or laterin life, during further education or while inemployment. Their disability may have littleimpact on their ability to work or it mayhave a major impact, requiring significantsupport.

Under the socialist system, the medicalmodel of disability was prevalent in theregion. The medical model construes disabilityas an observable physical, mental, psycho-logical or sensory deviation from normalitycaused by disease or another health condition.It believes that limitations arising from disabilitycan potentially be prevented or managedby medical treatment of that individual. Soneither the society nor the environment hasto be changed to address the rights of PWDs.

The medical model and charity ideologyshaped the ECIS countries’ legislation, policiesand programmes. Defectology, for example,was a widespread system of diagnosing andtreating children with disabilities in the region.In the overwhelming majority of cases, chil-dren with special needs were receiving edu-

cation and health care in segregated settingsand were excluded from mainstream edu-cation. Parents were advised to place theirchildren with significant disabilities in state-

run institutions, where they spent their entirelives. Children with less extensive disabilitiesstayed at home with their families. After re-ceiving education in segregated specializedschools, many of those who were blind, deaf,or had less serious disabilities were employedin state-funded sheltered enterprises, or inhome-based work.

Under the socialist system, PWDs weresubject to discrimination and social isolation,as well as multiple institutional, attitudinaland structural barriers. The stereotyping ofand prejudice against PWDs were widespreadso that their families experienced socialstigma. Government policies were based onthe medical model, were paternalistic anddid not address societal and other barriersthat PWDs faced and hence did not advancetheir human rights.

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PERSONS WITH DISABILITIES IN ECIS:SOCIALIST LEGACY2

Persons with disabilities havediverse strengths and needs;they are not a homogenousgroup

Over the past three decades there hasbeen a dramatic shift from medical andcharity disability models to a model basedon human rights and equal opportunities.PWDs are no longer seen as a special grouprequiring special medical and social servicesin segregated settings. Instead of adjustingthe needs of the individuals with disabilitiesto prevailing social standards, societies areadjusting their social norms to meet theneeds of PWDs.

In the social model, disability is seen asthe result of complex interactions betweena health problem or a functional limitationand the social, political, cultural, economic,and physical environment. These, in combi-nation with personal factors such as age,gender, and level of education, can result ina disadvantage – that is, a disability. Under

this approach, the disability focus is no longerhow to provide for those deemed “unable”to integrate into mainstream society, butrather how to make society accessible to all,on an equal and non-separate basis. In manycountries PWDs have equal rights to educa-tion, public transportation, social services,access to public places and employment

much in the same way as they are availableto non-disabled individuals.

In the USA, for example, the legislationequalizing opportunities between those withdisabilities and the non-disabled and banningpublic and private sector discrimination wasintroduced by many states. The federal Amer-icans with Disabilities Act was adopted in1990.3 It puts the onus on society to providefor PWDs rather than obliging them to adaptto various barriers. The European Union (EU)policy on disability is also built on an explicitcommitment to the social model of disabilityand disability is seen as a rights-based is-sue.4

In the 1990s when the USA, Canada andmany European states were developing andadopting human rights-based disability lawsand policies, the ECIS countries were transi-tioning from a predominately centrally-man-aged, state-owned command-type economicsystem and a single-party communist politicalsystem. In the process of transition, the mech-anisms of the command economy have beeneffectively dismantled and the market insti-tutions have been established in the majorityof the countries. New constitutions and aseries of laws establishing formal foundationsof democracy were adopted. Formal demo-cratic and human rights institutions promotingrespect for rights such as freedom of speech,association, and forbidding any forms of dis-crimination based on gender, race, disabilityor religion were established. Some publicadministration reforms, including optimizationof government structures were implemented.Civil society emerged and quickly expanded.Independent media developed and started

ADOPTING A HUMAN RIGHTS-BASEDAPPROACH TO DISABILITY IN THE ECIS:CHALLENGES AND OPPORTUNITIES OF THE TRANSITION PERIOD

14

3

Instead of adjusting the needsof persons with disabilities toprevailing social standards,societies should adjust theirsocial norms to meet theneeds of PWDs

3 USA Department of Justice, Americans With Disabilities Act of 1990, As Amended, http://www.ada.gov/pubs/ada.htm4 European Commission, Employment, Social Affairs and Inclusion, http://ec.europa.eu/social/home.jsp?langId=en

to play an important role as checks and bal-ances on the exercise of powers granted topolitical leaders and public office holders.

The transition period brought new chal-lenges and opportunities to promote therights of PWDs. Although the rights of PWDswere formally recognized and expanded inconstitutions and specific legislation,5 thetransition period contributed to the increasein the numbers of PWDs and created barriersto the realization of their human rights in allECIS countries. The social cost of transitionthroughout the ECIS was much higher thanwas initially expected. Unemployment, whichwas practically non-existent under the socialistregime, had reached almost double-digitlevels in many countries by the end of the1990s. The number of people living in povertyincreased dramatically while income inequalitysignificantly increased. Unemployment andhigh poverty rates affected health indicatorsand resulted in increases in mortality andmorbidity in some CIS states at an unprece-dented level in peacetime that resulted inhigher rates of PWDs. In Russia, for instance,the number of persons counted as having adisability more than doubled between 1990and 2003. A number of factors contributedto these outcomes that include changes inthe reporting of pensions to include PWDspreviously classified as old-age pensioners,employers’ preferring to avoid paying sever-ance pay to fired workers by placing themon disability rolls, and the sharp deteriorationin health indicators (particularly for adultmen) and disruptions in the health system.6

Armed conflicts in the Balkans and some CIScountries not only increased the numbersof PWDs but also eroded human and insti-tutional capital, weakened public adminis-tration, and led to economic stagnation that

created additional barriers for PWDs. The transition process created significant

gaps in policies and programmes supportingPWDs. The essential services necessary tomeet the human rights of PWDs have eitherdeteriorated or were never provided. As aresult, many PWDs, children and adults, wereoverlooked by public authorities and werenot provided with the services and supportto which they were entitled. In the areas ofemployment of PWDs, for example, the in-troduction of the market economy resultedin the withdrawal of government employmentsubsidies for PWDs, which made the enter-prises to lay off workers with disabilities. Re-duced budget revenues negatively affectedsocial services provided to PWDs as well. Inmany instances, the authorities discontinuedor reduced funding of clubs and social ac-tivities for PWDs. In the area of education,despite the rights of children with specialneeds to live in their families with theirparents, doctors and other officials often puta pressure on parents to relinquish guardian-ship of their children. Instead of providingthe necessary resources and support thatwould meet the human rights of these chil-dren, they were placed in institutions thatdid not allow them to fully realize their rightsfor inclusive education and employment.

As a result, in the ECIS countries, by alldefinitions of poverty PWDs are overrepre-sented among the poor and face multiplebarriers in exercising their human rights.Social exclusion, low educational attainment,unemployment, low self-esteem and limitedopportunities to participate in political andsocial life are frequent parts of their daily ex-perience. The extent and nature of exclusionof PWDs clearly differs from one sub-regionto another, as well as within countries.7


15

5 Many ECIS countries have adopted disability legislation. In Moldova, for example, The Law on Social Protection of theDisabled, entered in force on 22 June 2000. In Romania, the Law on the Protection and Fostering of Disabled People’sRights, came into force in 2006. The law stipulates the rights for persons with disabilities in a wide range of areas such ashousing, 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.

International human rights law determinesthat every person, including PWDs, has rights,such as the right of equality before the law,the right to non-discrimination, the right toequal opportunity, the right to independentliving, the right to full integration, and theright to security. Human rights are universaland are inalienable – they can neither betaken away, nor given up.8 They are also in-divisible – there is no hierarchy among rights,and no right can be suppressed in order topromote another right. PWDs are entitled toexercise their civil, political, social, economicand cultural rights on an equal basis withothers.9

The UN General Assembly adopted theCPRD on 13 December 2006. The conventionis a comprehensive document that contains50 articles. It is grounded in the premisethat public authorities should go furtherthan to just help PWDs to adjust to existingconditions: they should seek to adapt theconditions in order to accommodate every-one, including those with special needs. TheCRPD includes a preamble, four initial articleson purpose, definitions, general principles,and general obligations; 26 substantive rightsprovisions addressing, from a disability per-spective, the full range of civil, cultural, eco-nomic, political, and social rights; 10 articleson national and international monitoringand supervision; and 10 final provisions. Theconvention covers in depth such issues asthe unique needs of women and childrenwith disabilities, access to law and its pro-tection, liberty of movement and the right

to a nationality, independent living and com-munity integration, opportunities for a mean-ingful education, access to adequate healthcare and the right to equal opportunity inemployment. The convention has a periodicreporting process and biennial conferenceof states parties, and is supplemented by anoptional protocol that establishes an individualcomplaints mechanism and an inquiry pro-cedure.

The convention impels governments torethink the underlying assumptions uponwhich their disability policies and practiceshave historically been based. In implementingthe CRPD, the governments have to changetheir traditional practices of placing PWDsin institutionalized living arrangements, seg-regated education and sheltered employmentand giving them qualified income support.The societies in countries that ratify the con-vention have to identify the societal barriersthat prevent PWDs from full and effectiveparticipation and inclusion in all aspects ofcommunity life, including employment, ed-ucation, housing, health, political participation,access to justice, cultural expression, enter-tainment, and leisure activities and implementa series of measures to gradually reduce andeventually eliminate these barriers.

The process of convention drafting in-volved PWDs and their allies from across theworld and reflected their views and aspirations.This involvement was critical in identifyingspecific barriers which hinder PWDs’ full par-ticipation in society. As a result, the conventionis precise in its interpretation on how a rights-

UN CONVENTION ON THE RIGHTS OFPERSONS WITH DISABILITIES: OVERVIEW AND IMPORTANCE FOR THE REGION

16

4

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, forinstance, Rebecca Isaac, B. William Dharma Raja and M.P. Ravanan, “Integrating People with Disabilities: Their Right – OurResponsibility”, Disability & Society Vol. 25, No. 5, August 2010, 627–630.


17

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

CountryConvention

Signature DateProtocol

Signature DateConvention

Ratification DateProtocol

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 and Herzegovina

29-7-2009 29-7-2009 12-3-2010 12-3-2010

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

Macedonia (FYROM)

30-3-2007 29-7-2009

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 of Moldova

30-3-2007 21-9-2010

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

Russian Federation

24-9-2008

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

based approach to disability should be op-erationalized.

Many countries of the ECIS have signedthe CRPD and some of them have ratified it.Table 1 provides detailed information on thestatus of ratification of the convention acrossthe ECIS.

The convention, as one of internationalhuman rights laws, pursues the goal of safe-guarding the integrity and dignity of thePWDs by establishing legal obligations onstates to protect the rights of all PWDs undertheir jurisdiction. More specifically, states’ ob-ligations include respect of human rightsthat means simply not interfering with theirenjoyment; protection of human rights thatmeans taking steps to ensure that thirdparties do not interfere with their enjoyment;and fulfilment of human rights that meanstaking steps progressively to realize the rightin question.

The CRPD is legally binding and by ratifyingit states must, among other things, modifyor abolish existing discriminatory laws, cus-

toms and practices; take all appropriate meas-ures to eliminate discrimination on the basisof disability by any person, organization orprivate enterprise; adopt legislative, admin-istrative, policy, programmatic and othermeasures to implement the rights of PWDs;provide accessible information to persons

with disabilities on relevant technology andother assistance, services and facilities; andpromote the training of professionals andstaff working with PWDs.10

Although the ratification of the conventionis not a panacea and it should not be expectedthat barriers to the realization of humanrights of PWDs will be eliminated overnight,the ratification of the convention by all theECIS countries will bring a number of positiveoutcomes to advancing the human rights ofPWDs. Some of key benefits of ratification ofthe CRPD include the following:

• Reform processes will be inspired andsocieties will have a universal languageand conceptual human rights frameworkto promote the human rights of PWDs.

• States will be obliged to ensure that theirlegislation, policies and programmes ad-vance the realization of human rights ofPWDs, as declared in the convention.Any new policy and programme devel-oped should be based on the humanrights standards and principles of theconvention. Procedural safeguards secur-ing the protection of basic rights andprevention of future abuse of PWDs willbe obliged to be promulgated and en-forced.

• Accessibility will be mainstreamed intoall policies and programmes.

• The capacities of duty-bearers to meettheir human rights obligations and thecapacities of rights-holders to claim theirrights will have to be strengthened.

• States will be obliged to adopt strategiesfor empowerment of PWDs that will in-crease their capacities to enjoy their rights.

• The Governments will be obliged to im-plement new requirements promotingthe rights of PWDs and improve PWDs’access to education, employment, infor-mation and social and health care systems.


18

Ratification of the CRPD by allECIS countries will streamlinethe human rights model intodisabilities policies andprogrammes and makegovernments accountable forthe elimination of barriers thatPWDs face.

10 Article 4 of the CRPD sets up the general obligations of States Parties to ensure and promote the full realization of allhuman rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on thebasis of disability.

• Governments, private businesses andall other partners will be obliged to ad-dress the issues of accessibility and rea-sonable accommodation for PWDs inall areas of life.

• Individualized support measures with re-gard to PWDs will have to be introducedand/or expanded.

• Governments will be required to conductactive consultation with PWDs in framinglaws and policies that affect them andinvolve PWDs in monitoring of their im-plementation.

• It will facilitate international cooperationin promoting the rights of PWDs, knowl-edge, mobilization and sharing of effectivepractices and approaches.

• General public awareness about the hu-man rights of PWDs will be increased.

• The opportunities for building capacitiesof NGOs of PWDs will be increased.

The ratification of the CRPD puts a clearonus on the governments to report on theirprogress or lack of progress in advancingthe rights of PWDs. Although the conventiondoes not include specific features ensuringstrict domestic compliance, governmentsare required to demonstrate good faith effortsto progressively achieve their obligations. Asthe convention establishes transparent mech-anisms for effective monitoring, the progressand achievements of ECIS countries couldbe assessed, and effective strategies identifiedand widely disseminated.

Ratification and full implementation of theconvention will take time, resources, and con-tinuous government commitment. Country-specific action plans towards ratification andimplementation of the CRPD should be devel-oped through extensive consultations of thegovernments, employers, educators, social serv-ice providers, medical professionals, PWDs andall other relevant stakeholders (see Chart 1).


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

CRPD is ratifiedLegislation is

aligned with CRPDrequirements

Policies and programs are developed

and implemented

Monitoring and public reporting

Different ECIS countries face differentchallenges and have distinct capacities toaddress the human rights of PWDs and meetsociety’s obligations to provide an enablingenvironment by removing the physical andsocial barriers to participation in the everydaylife of PWDs. In many ECIS countries policymakers favor an evolutionary and incrementalapproach to promoting the rights of PWDs,rather than a dramatic change of the modusoperandi through ratification of the CRPD.In order to help decision makers and societyat large to recognize the importance of rati-fication of the CRPD and its subsequent im-plementation, the transformation processshould utilize all existing instruments, suchas international directives and support aswell as national experiences and resources(see Chart 2). Suggestions provided belowshould be viewed as guidance only and theyshould be adjusted to address each country’sspecific circumstances in supporting ratifi-cation of the CRPD.11

5.1. Use the Universal PeriodicReview to emphasize theimportance of ratification ofCRPD to the advancement ofhuman rights of PWDs

The Universal Periodic Review (UPR) is aunique process which involves a review ofthe human rights records of all 192 UNMember States once every four years.12 The

UPR is a State-driven process, under theauspices of the Human Rights Council, whichprovides the opportunity for each State todeclare what actions they have taken to im-prove the human rights situations in theircountries and to fulfil their human rightsobligations. As one of the main features ofthe council, the UPR is designed to ensureequal treatment for every country whentheir human rights situations are assessed.The ultimate aim of this mechanism is toimprove the human rights situation in allcountries and address human rights violationswherever they occur.

The UPR is based on objective and reliableinformation of the fulfilment by each Stateof its human rights obligations and com-mitments in a manner which ensures uni-versality of coverage and equal treatmentwith respect to all States. The UPR ensuresthat all countries are accountable for progressor failure in implementing its recommen-dations. When the time for the second reviewof a State comes they must provide infor-mation on what they have been doing toimplement the recommendations madeduring the first review four years earlier. Theinternational community will assist in im-plementing the recommendations and con-clusions regarding capacity-building andtechnical assistance, in consultation withthe country concerned. If necessary, thecouncil will address cases where States arenot cooperating.

NGOs can submit information which canbe added to the other stakeholders’ report

MEASURES SUPPORTING RATIFICATION OF THE CONVENTION

20

5

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

which is considered during the review. Theinformation they provide can be referred toby any of the States taking part in the inter-active discussion during the review at theworking group meeting. NGOs can attendthe UPR Working Group sessions and canmake statements at the regular session ofthe Human Rights Council when the out-comes of the State reviews are considered.

In the ECIS, all countries have alreadyundergone the UPR of their human rightspractices and it has proved to be an effectivetool to change the views and attitudes ofdecision makers towards the rights of PWDs.As ratification and implementation of CRPDis recommended to many countries in theregion and many governments have agreedto do so, it is essential to provide extensivesupport to national partners in the imple-mentation of this recommendation. Mon-tenegro, for example, ratified the CRPD andthe optional protocol thereto in 2009, in re-sponse to the UPR recommendations.

Support should be provided to NHRI,governments and NGOs in developing plans

of action and building their capacity to ratifythe CRPD as a part of the UPR. NGOs, in par-ticular, can be supported in developing theirwritten submissions to the UPR process ad-vocating the necessity of ratification of theCRPD. In Tajikistan, UN Women strengthenedthe capacities of civil society to advocatethe ratification of the convention as well asto promote the accessibility of services andinfrastructure, health and education facilitiesand institutions for both children and adultswith disabilities. The NGO Bureau for HumanRights was supported in conducting a mon-itoring study that was included into the UPRreport prepared by public associations inTajikistan.

5.2. Revise the existing legislationto align it with CRPDrequirements13

The national legislation should be revisedto harmonize it with the provisions of the


21

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

13 It is advisable for partners involved in revising the existing legislation to be guided by Article 4 of CRPD that sets outgeneral obligations of State Parties.

Align legislation with CRPD

Use URP process

Involve and empowerPWDs and DPOs

Address attitudinal barriers

Develop Action Plan

Ratification of CRPD

CRPD. There may be declarations on rightsof PWDs in general law (e.g., the constitutionmay prohibit discrimination on the groundof disability), laws that mentions PWDs, orspecial laws developed for PWDs. The analysisof the legislation will demonstrate the degreeof protection or promotion of rights of PWDsand the extent of laws’ alignment with keyprovisions of the convention. The review willreveal also the degree of mainstreaming ofinclusion and access in legislation and identifythe legal provisions ensuring equal rights ofPWDs.

Once the laws are reviewed and analyzed,they should be revised and aligned with theCRPD’s human rights model, approaches andlanguage. Such key terms as discriminationand accommodation should be clearly definedto ensure proper implementation.14 The dis-ability legislation should also clearly outlinethe enforcement mechanism, including anysanctions or penalties for non-compliance.In Serbia, for example, UNDP supported theharmonization of Serbia’s legislation withprovisions of the CRPD through expert analysisthat resulted in proposals for amendmentsof legislation and adoption of new relevantlaws, including the draft law on the officialuse of Serbian sign language and the draftlaw on professional rehabilitation and em-ployment of persons with disabilities.

In Belarus, the UNDP project, after exam-ining the current legal framework on disability,initiated amendments to the relevant legis-lation and provided specific recommenda-tions. These recommendations were usedby the Ministry of Labour and Social Protectionin drafting the Law on Accession of the Re-public of Belarus to the CRPD, which wassubmitted to the Parliament in 2011. To sup-

port country’s ratification of the CRPD, asystem monitoring the situation of PWDshas been developed and tested.

In Albania, UNDP’s project conducted astudy that examined compliance of the ex-isting legal and policy framework with theCRPD. Once gaps were identified and rec-ommendations developed, work on a newact on inclusion of and accessibility forpersons with disabilities began. The new lawaims to cover those issues that are specificto PWDs, while most rights will be integratedin the mainstream legislation. An action planfor the implementation of the CRPD will bedeveloped that will include the budget im-plications of ratification.15

Some areas such as the human rights ofmentally ill people should be covered in leg-islation through the lens of the CRPD. InAzerbaijan, for instance, like in many ECIScountries, there is no mental health policyand strategic plan. Mental health servicesare not fully covered by social insurance. Al-though there is a human rights review bodyin the country, this authority does not considerissues related to the human rights protectionof mentally ill people on a regular basis.16

5.3. Develop an action plan,including specific steps thathave to be undertaken toratify the convention

The government moving towards ratifi-cation of CRPD should be well aware of leg-islative, policy and budgetary implicationsof ratifying CRPD and should have sufficientcapacity to implement it. Such areas as con-


22

14 In Turkey, for instance, Article 14 of the Disability Law (Özurluler Hakkında Kanun) prohibits discrimination and alsoenvisions 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 indicateany sanctions in cases of violations of these obligations. See, Turkey, Submission to the United Nations Committee onEconomic, 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.

ducting research, developing policy options,conducting policy assessments as well asestimating costs of new policy initiatives inthe area of disability should be strengthenedin preparation for CRPD ratification.

Support can be provided by developinga comprehensive action plan, which is requiredto ratify the CRPD. Working groups including

representatives from the parliament, the gov-ernment, key ministries responsible for in-clusion of PWDs and DPOs can be supportedin developing such plans. Some governmentsmay be hesitant to ratify the CRPD becausethey anticipate that significant budget allo-cations are needed. To address these concerns,the action plan should include tentativebudget estimates. As illustrated by UNDPCroatia, carrying out an economic modellingof the costs of current and proposed stepsto support PWDs is an important initial stepin ratifying and implementing the convention.In addition to supporting development ofsuch action plans, it is important to supportgovernments in developing reporting re-quirements and implementation reports.17

UNDP Croatia supported the government inintroducing indicators of the CRPD into theNational Strategy for Equalization of Oppor-tunities for Persons with Disabilities 2007–2015. More specifically, support was providedin analyzing the methods of reporting on

the implementation of the strategy at nationaland local level, including activities, indicatorsof implementation, outcomes and impact;development of the sample matrix for mon-itoring the implementation of the strategy,along with implementation of monitoringindicators that are consistent, as much aspossible, with those of the CRPD and othersareas.

5.4. Create and enhanceconsultation mechanisms forPWDs’ involvement in decisionmaking.18 Strengthencapacities of DPOs.

PWDs are “rights-holders” and they shouldbe able to claim and exercise their rightsand have the power and capabilities tochange their own lives, improve their owncommunities and influence their own des-tinies. To make sure that the voices of PWDsare heard and that politicians realize thatthe electorate is supportive of CRPD ratifica-tion, it is necessary to empower PWDs andstrengthen their capabilities to demand anduse their rights through democratic politicalprocesses.

PWDs should not face barriers to effectiveparticipation in civic life and decision-makingprocesses on the basis of equality with others.In the area of voting rights restrictions shouldonly be allowed where no measures can betaken to accommodate the needs of PWDsto allow them to participate in elections. Po-tential measures to address their needsinclude the provision of clear explanationsthroughout the electoral process; usage ofsimple language and sentences accompaniedby illustrations; allowing PWDs to choose a


23

17 See, for instance, Government of Montenegro, Report on Implementation of the Action Plan for Implementation of theStrategy 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 withand actively involve persons with disabilities, including children with disabilities, through their representativeorganizations in all decision-making processes concerning issues relating to persons with disabilities.

Governments’ capacities asduty-bearers should bestrengthened in all aspects oflegislation, policies andprogramme development andimplementation

person of their choice to serve as personalassistant throughout the voting procedure,etc.19 Politicians should hear the voices ofPWDs and realize that ratification of the CRPDreflects PWDs’ aspirations.

Establish effective consultationprocesses and practices based on the hu-man rights model of disability. CRPD em-phasizes the importance of consultativemechanisms involving PWDs. To ratify theCRPD, a high degree of participation of PWDsin this process should be ensured and thisparticipation must be active, free and mean-ingful. PWDs should have multiple venuesto correspond and communicate directlywith policy makers concerning issues of im-portance to them.

Multiple opportunities for PWDs to beheard by decision makers should be expand-ed. Examples include round tables, workinggroups and targeted consultations with po-tential beneficiaries that help to identifyPWDs’ perspectives and aspirations, improvethe information base and help the decisionmakers gather information on all the potentialconsequences of the current or new policiesand programmes promoting the rights ofPWDs. Consultation, for example, as one ofmany mechanisms of public involvementinto policy making could be utilized to createconsensus, explore ideas, ensure acceptanceof the CRPD ratification action plans, and in-crease transparency in decision making. Con-sultative approaches have been widely utilizedacross the ECIS to solicit PWDs’ input intodisability draft laws (e.g., Albania, Uzbekistan,Ukraine).

To promote participatory approaches topolicy making, it is necessary to institutionalizemechanisms encouraging active PWD in-volvement and strengthen the capacity ofpublic servants to work with them. Thesemay include involvement of PWDs and DPOs

in all areas of government operations, in-cluding policy design, implementation aswell as monitoring of programmes and servicedelivery at the local level. PWDs’ involvement

in policy making is critical for buy-in and on-going cooperation and ensuring that all rel-evant factors and views are considered andis fundamental to successful ratification ofthe CRPD. In Tajikistan, for example, the in-ternational NGO Mission East is implementinga project strengthening the capacity of civilsociety in the Kulyab District to engage moreeffectively in advocacy which will improvethe application of legal frameworks on rightsof PWDs, as well as find ways to improve ed-ucation and work opportunities throughboth advocacy and direct service provision.20

Strengthen capacities of all DPOs.DPOs, as NGOs that are established, governed,and managed by the PWDs, play a significantrole in promoting the human rights of PWDs.In some countries, DPOs include specializedorganizations and civil society organizations(CSOs) which work for PWDs. There are alsoorganizations that are committed to thecause and which help their members toshare their experiences and information onavailable training and employment oppor-tunities as well as organize social activitiesand represent PWDs to local authorities.

As PWDs are a heterogeneous groupwith different needs and strengths, DPOsmay be advocating the narrow interests oftheir members with virtually no impact onpromoting rights for all PWDs and ratification


24

19 European Agency for Fundamental Rights, The right to political participation of persons with mental health problems andpersons with intellectual disabilities, 2010.

20 http://www.miseast.org/en/tajikistan/equipped-change-building-civil-society-disability-advocacy

ALL DPOs should unite theirefforts and advocate the needfor CRPD ratification

of the CRPD. In the ECIS countries there areusually two groups of DPOs: 1) DPOs ac-cording to the type of impairment (e.g., blind,deaf, psycho-social and sensual) that havebeen traditionally supported by governments;and 2) DPOs that emerged in the transitionperiod and are not funded by the state. It isimportant that the capacity-building inter-ventions target both groups of DPOs toensure that the voices of all PWDs are heardin decision-making processes.

Political will is definitely needed to pro-mote the human rights of PWDs and ensureratification and implementation of the CRPD.The public pressure for reform is low andmany PWDs do not know their rights anddo not claim them.21 DPOs can play an im-portant role in building such political will. AsDPOs are often lacking in strength and skillsto interact with the government, supportshould be provided to build DPOs’ capacityin effective consultations with the govern-ment. Once equipped with the necessaryknowledge and skills, DPOs advocating onbehalf of PWDs would be able to promotetransparency and accountability in decisionmaking in the area of disability, human rightsand policies, promote their interests at thenational and local levels and strongly advocateratification of the CRPD.22 Training can beprovided on such topics as leadership andworking with decision makers. UNDP Serbia,for example, provided support for the watch-dog and advocacy activities of DPOs. Throughthese interventions, the capacity of DPOs torepresent their interests and raise awarenessabout the living conditions and daily problemsfaced by PWDs was raised. The national um-brella organization, which is a union of 13national DPOs in Serbia, whose leaders rep-resent a half of a million PWDs was also sup-ported.

In many ECIS countries there is a lack ofcohesion among disability organizations,with few opportunities for, or examples of,coalition building among the DPO commu-nity. Although lack of funding may be acommon reason for limited collaboration ofDPOs, capacity-building interventions mayfocus on coalition building, closer collabora-tions among disability organizations and crit-ical resource sharing to ensure that PWDsact as one front in advocating ratificationand implementation of the CRPD.23

In Ukraine, as a result of extensive advocacycampaigns of the National Assembly ofPeople with Disabilities of Ukraine and theCoalition for the Rights of People with intel-lectual disabilities, Ukraine ratified the CRPDin 2009. The National Assembly encompasses22 all-Ukrainian and 68 regional civic organ-izations of PWDs. It is a recognized socialpartner of the government in such areas asconducting expert evaluation and monitoringof national legislation, particularly of thepresident’s decrees, as well as acts and decreesissued by the government as they pertainto disability matters. The National Assemblyinitiated in 2007 a lobbying campaign tohave Ukraine sign and ratify the CRPD. Nu-merous public hearings, round tables, andpress conferences were conducted to dis-seminate information among all stakeholderson the CRPD and the importance of its ratifi-cation and implementation. Extensive meet-ings with government decision makers andparliamentarians on the CRPD were con-ducted as well.

In the Western Balkans, the EuropeanDisability Forum, with the financial supportof the European Commission (EC), imple-mented a project creating a unified disabilitymovement in the Western Balkans region(Albania, Bosnia and Herzegovina, the Former


25

21 Karolina Österblom, Persons with disabilities in Romania, Context Analysis, 200822 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, 201123 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

Yugoslav Republic of Macedonia, Montenegro,Serbia and Kosovo). The project strengthenedthe capacity of disabled people’s organizationsand improved cooperation, through the es-tablishment of umbrella organizations ofPWDs. In this way, DPOs became moreefficient and more present in policy makingin the Balkans region, and therefore able topromote the rights of PWDs.24 In Tajikistan,French NGO Handicap International in part-nership with four Tajik NGOs is implementinga two-year project empowering representativeorganizations of PWDs. Through the projectthe technical capacities in advocacy, disabilityrights and related instruments of DPOs atthe national level, and their branches andself-help groups at local level, have beenstrengthened.25

DPOs could play an important role inmonitoring the implementation of the con-vention as well as other government strategiesand plans promoting the human rights ofPWDs. In Albania, for instance, the AlbanianDisability Rights Foundation, which is a non-governmental organization that advocatesfor the human rights of PWDs, monitors im-plementation of the National Strategy forPeople with Disabilities.26 The foundationprepared and released a number of reportsbased on surveys by government officials atthe central, regional and local level, whoprovided official information on the statusof progress on the measures assigned totheir offices, as well as representatives offour national disability NGOs. The reportsfound that the state agencies often fail tomeet the goals of the national strategy andthat awareness and accountability have tobe improved at all levels. Constant monitoringof the national disability strategy by civil

society holds the Albanian government ac-countable and helps in mainstreaming dis-ability rights into the agenda of reforms andpolicies.

5.5. Address attitudinal barriers todisability and ensure widepublic support for ratificationof the CRPD

In the ECIS, PWDs are often not seen asan asset, that is, as people with talent andcreativity and the ability to contribute to so-ciety. There is also a genuine and widespreadlack of understanding that most PWDs canin fact function effectively at work, school,and with society, if given adequate support.Understanding what citizens think aboutPWDs and about disability legislation andpolicy is vital to the ratification of the CRPDand its successful implementation.


26

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 Agencyfor International Development (USAID) under the programme of “Promoting the Human Rights for people withDisability in Albania”. More information on activities and publications of the Albanian Disability Rights Foundation canbe found at http://www.adrf.org.al.

“Attitudes play a major role indetermining whether peoplewith disabilities experiencesocial exclusion. Socialexclusion risks for a personwith disabilities doubles whena significant portion of thepopulation (at least one third)opposes inclusive measures.”

UNDP BRC, Regional Human DevelopmentReport Beyond Transition: Towards Inclusive

Societies, 2011

Public attitudes may themselves be criticalto either advancing or hindering the inclusionof PWDs. What people believe about indi-viduals with disabilities underlies the treat-ment of those individuals in all aspects oftheir lives. If the public believes that PWDsare incapable of full participation in society,these attitudes shape a paternalistic publicpolicy on disability. To support continuousadvancement of the human rights of PWDs,public awareness-building interventionsshould be comprehensive and strategic toachieve long-term effects and build strongsocietal support of the CRPD. Other potentialinterventions include fostering at all levelsof the education system, including in allchildren from an early age, an attitude of re-spect for the rights of PWDs and encouragingall organs of the media to portray PWDs in amanner consistent with the purpose of theCRPD.27

To obtain better data on public percep-tions of disability and to raise public awareness,it is beneficial to conduct nationwide publicopinion surveys focusing on disability issues.These surveys can examine how citizensview the capabilities of PWDs, how muchexperience they have with disability, andhow they perceive PWDs in schools, work-places and the community. They can alsoask about citizens’ perceptions of barriersand discrimination, while also examining theviews of PWDs (their self-perception, theirand their families’ prejudices) in order to de-velop adequate programmes for empower-ment of PWDs and improved self-image. Thesurveys can uncover negative perceptionsand unfounded beliefs, which may be unac-knowledged and often hidden, towards dis-ability. They may also explore public beliefsabout the role of governments, NGOs, families,

individuals, employers and others in removingbarriers to PWDs.

A survey of public attitudes towards PWDswas carried out by UNDP in Belarus and itsfindings were integrated in the backgroundstudy on the advantages and risks of Belarus’saccession to the convention and in planninginformation and education activities for theyear 2010. It found, in particular, that pater-nalistic attitudes to PWDs dominate in society.Limiting the activity of PWDs is perceived asa humane approach, serving their best in-terests. However, the proportion of respon-dents favouring the integration of PWDs intoprofessional and community life increaseswith their educational attainment level.

In Turkey, the Administration for DisabledPeople with the partnership of the humanrights presidency implemented a project en-titled Fighting Against Disability Discriminationin Turkey. The project produced a reportbased on an extensive survey of PWDs thatexamined the pattern of discrimination insuch diverse areas as employment and work-ing life, health care, education, political par-ticipation, access to justice, participation inleisure activities, integration into society,access to information, etc.28

Negative prejudice and stereotypes to-wards disability cannot be overcome solelyby legal regulations and integration policies.29

Specific measures have to be implementedthat target individuals’ cognitions, emotions,and behaviours towards PWDs.30 It is necessaryto incorporate some components aimed atchanging mindsets of decision makers, publicservants, employers and ordinary people to-wards disability in ALL programmes and proj-ects promoting the human rights of PWDs.As disability is traditionally seen from themedical perspective in the belief that disability


27

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.pdf29 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).

can potentially be prevented or managedby medical treatment, many people believethat PWDs cannot be educated and employedand hence should rather be beneficiaries ofcharity. Many parents believe that childrenwith disabilities represent some kind of threator concern to their children, if mainstreamedinto the classroom. Employers often believethat PWDs are unable to work and often“dump” them into certain jobs instead ofplacing them selectively according to theirabilities and interests. Many PWDs are unawareof services and support for which they areeligible and have low self-esteem which pre-vents them from exploring employment andself-employment opportunities.

Awareness-raising interventions shouldbe based on the data obtained from suchsurveys and customized to different audiencessuch as parents, employers, public servants,the general public and PWDs. As one of firststeps, the convention and related resourcescan be translated into the language(s) ofthe country. Targeted campaigns can explainto employers, for instance, that PWDs have arange of skills and abilities and can do jobsas well as their non-disabled peers.31 PWDs’confidence in pursuing education and/oremployment opportunities can be boosted

by collating and sharing the informationabout the skills and successful strategies uti-lized by PWDs employed in their chosen ca-reer. It is beneficial to have PWDs lead someof the training courses so that participantscan better understand the importance ofdisability issues. Media information aware-ness-raising campaigns about the rights ofPWDs, including participation in talk shows,regular television and radio programmes, aswell as newspaper articles, including casestudies of PWDs, should be implemented. Itis necessary also to raise public awarenessof disability matters at traditional festivalsand such public events as the InternationalDay of People with Disability. UNDP Serbia,for example, supported the publication of anumber of guidebooks on the rights of PWDs:Guide on Accessibility, Guide for Employmentof Persons with Disabilities, Women with Dis-abilities in Serbia, and Examining the Policy-Practice Gap: Social Protection Services forPersons with Disabilities.

It may be beneficial to develop a specialpublication for parliamentarians on the CRPDto assist them in the process of adjustingthe national legislation to convention re-quirements. The publication may explain inpractical terms the rationale and objectives


28

UNDP Kazakhstan devoted a National Human Development Report(NHDR) to the rights of persons with disabilities. NHDR preparationprovided an opportunity for the representatives of the governmentand persons with disabilities to discuss common problems togetherand elaborate joint recommendations. In general, the NHDR processcreated opportunities for more extensive public, civil society andPWDs involvement in the development of national policiespromoting the human rights of persons with disabilities.

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

31 See CRPD, Article 27, Work and employment.

of the convention, and explore the ways inwhich the parliament can translate the rightsand principles at the core of the conventioninto tangible action.32

UNDP Uzbekistan conducted a trainingcourse for journalists on how to cover the is-sues of disability through social inclusion.

The impact of training courses on journalists’views on disability was significant and longlasting. An independent content analysis ofthe press indicated that, as a result of thetraining, the number of publications basedon an inclusive model towards PWDs tripledin three years.


29

32 Although UN Enable produced the Handbook for Parliamentarians on the Convention on the Rights of Persons withDisabilities (http://www.un.org/disabilities/default.asp?id=212), it may be beneficial to customize it to local circum-stances.

Following ratification of the CRPD, gov-ernments as duty-bearers have to ensureimplementation of the commitments un-dertaken and mainstream the human rightsof PWDs, linking them to their economic,social, education and access to justice legis-lation and policies. Governments are obligedto establish the mechanisms necessary forensuring compliance with the conventionand designate one or more focal pointswithin government for matters relating toits implementation. It can be a primary, cen-tralized body to monitor compliance locatedat the centre of the government, coupledwith a detailed reporting mechanism.33 Sup-port can be provided in establishing such acentralized body and developing accounta-bility and public reporting mechanisms.

Many countries in the region provideconstitutional rights to the PWDs and haveratified the CRPD, but they are slow in im-plementing their commitments in practice.PWDs often cannot access certain socialservices, enrol into mainstream schools, andobtain employment. Welfare assistance andtransfer systems often remain inefficient, in-sufficient and not well targeted, so that thediverse rights of PWDs remain unfulfilled.PWDs are rarely seen on the streets of theECIS countries, which is a clear indicationthat cultural traditions and public attitudesand superstitions based on medical andcharity models of disability continue to dom-inate.

There are several reasons behind the slowpace of implementation of CRPD commit-ments. First, it is relatively easy to adopt dis-ability legislation and establish formal insti-tutions corresponding to the legislation and

institutions protecting the rights of PWDs inadvanced industrialized and democraticstates. Many reformers are still naïve in be-lieving that the legislation and institutionsfor the oversight, monitoring, coordinationand enforcement of PWDs’ rights would au-tomatically function once established. Second,reformers in the ECIS do not invest sufficientenergy and resources into ensuring theproper functioning of new legislation andinstitutions. The institutions responsible forthe implementation of disability legislationdo not have sufficient institutional capacity,skills and budgets to ensure timely, consistentand effective implementation of the disabilitylegislation. Third, old medical models continueto matter and influence all sectoral disabilitypolicies and programmes, and line ministriesdo not have the capacity to effectively operatea human rights model of disability legislationand implement the CRPD in their respectivesectors. Fourth, a rights-based social approachrequires a high degree of participation from

PWDs and this participation must be active,free and meaningful. Often, public adminis-trations in the ECIS do not have the capacity

MEASURES SUPPORTING THE SUCCESSFULIMPLEMENTATION OF THE CONVENTION AND OTHER DISABILITY LEGISLATION

30

6

33 See, CRPD, Article 33, National implementation and monitoring.

CRPD implementation doesnot deal only with theexpansion of services andprogrammes supportingPWDs. The focus should bemade on promoting rightsand empowerment of personswith disabilities.

to engage in effective consultations withDPOs and PWDs.

The UN system in Moldova, for example,has identified the following challenges andobstacles to the full implementation, at nationallevel, of the CRPD that reflect the overall situ-ation in the region. Some key issues include:

• intensely medicalized views of PWDs em-bedded in the relevant professions, aswell as throughout government;

• a strong social stigma with regard toPWDs, as well as their families;

• a rigid system of classifying “invalids”,which in practice, inter alia, excludes themajority of PWDs from access to socialinclusion measures;

• the lack of anti-discrimination law pro-viding an effective ban on discriminationon grounds of disability, combined withpatterns and practices of unchallengeddiscrimination against PWDs;

• the deep reliance on the use of institutionsto address disability – in particular mentaland intellectual disabilities – as well asdisability-related social issues;

• the lack of mechanisms for the integrationof PWDs into the work force;

• the de facto exclusion of PWDs fromschooling, as well as non-provision ofequal schooling in institutions for peoplewith mental disabilities, social care homes,and related institutions;

• strong barriers to the right to marry andfound a family by PWDs;

• generalized construction practices ex-cluding persons with physical disabilityfrom a range of public places, includingofficial public institutions;

• the lack of available resources for PWDson the part of the state, as well as themisdirection of social assistance to classesof persons who may not necessarily bemost in need; etc.34

Some ECIS countries have already accededto the EU or plan to do so in the near future,which has resulted in more explicit policiesconcerning disability rights. Even in thesestates the changes in practical terms for citi-zens with disabilities have not been significant

due to poor implementation, lack of emphasison disability rights on the part of most NGOsand few consequences for those who trans-gress stated policies.35 As a result, in all ECIScountries the disability legislation, includingCRPD, remains poorly funded and poorly im-plemented.

The most challenging and complicatedtask in ensuring compliance with the CRPDthat has to be accomplished in all ECIScountries is to ensure that policy and pro-grammes are developed and implementedfrom the perspective of the human rightsof PWDs. The reasons why PWDs are unableto enjoy their rights, such as discriminatorylaws, attitudes, inadequate policies andsocial practices should be identified. A thor-ough human rights analysis of social barriersthat PWDs face should help practitionersdesign appropriate and informed policy in-terventions.


31

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.

The view on the relationshipbetween the state and theindividual should befundamentally changed sothat the government official atall level will meet their dutiestowards PWDs and theindividuals with disabilitieswill become aware of theirentitlements and mechanismsto protect their human rights.

This chapter examines how the CRPDcan be translated into specific, logically-se-quenced actions, policies and programmespromoting the human rights of PWDs thatreflect realities of the ECIS. It provides specificsuggestions on how to develop and imple-ment policies and programmes advancingthe realization of human rights of PWDs. Im-plementation of the CRPD should be com-prehensive in its consideration of the fullrange of indivisible, interdependent and in-terrelated civil, cultural, economic, politicaland social rights of PWDs. Regardless ofwhether an ECIS country has ratified theCRPD or not, the disability agenda shouldbe incorporated into general developmentplans by adopting a human rights-based in-stitutional framework and operationalizingmulti-sectoral policies and monitoring in-struments. Specific interventions that cansupport the implementation of the CRPDare discussed below.

6.1. Use the Universal PeriodicReview, treaty bodies andspecial procedures of the UNrecommendations to advancethe disability agenda

In addition to the UPR process, recom-mendations in the area of disability can bedeveloped by such treaty-based bodies asthe Human Rights Committee, the Committeeon Economic, Social and Cultural Rights, theCommittee on the Elimination of Racial Dis-crimination, the Committee on the Eliminationof Discrimination against Women, the Com-mittee on the Rights of the Child, the Com-mittee on the Rights of Persons with Disabil-ities and others. There are currently 10 humanrights treaty bodies, which are committeesof independent experts. Nine of these treatybodies monitor implementation of the coreinternational human rights treaties. The treatybodies are created in accordance with theprovisions of the treaty that they monitor.The Committee on the Rights of Personswith Disabilities monitors implementationof the CRPD.

The treaty bodies perform a number offunctions in accordance with the provisionsof the treaties that created them. One oftheir important roles is to consider Stateparties’ reports. The countries that ratify oneof these treaties incur an obligation to submitregular reports to the monitoring committeeset up under that treaty on how the rightsare being implemented. In addition to thegovernment report, the treaty bodies may


32

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

Promote accessibility in all areas

Operationalize CRPD intopolicies and programs

Promote individulization of supports

Enhance access to justice

Improve definitions andstatistics on disability

Full implementation of CRPD

receive information on a country’s humanrights situation from other sources, includingNGOs, UN agencies, other intergovernmentalorganizations, academic institutions and thepress. In the light of all the information avail-able, the Committee examines the reporttogether with government representatives.Based on this dialogue, the committee pub-lishes its concerns and recommendations,referred to as “concluding observations”.36

In addition to treaty-based bodies, rec-ommendations in the area of disability canbe developed through special proceduresof the UN, which is the general name givento the mechanisms established by the HumanRights Council to address either specificcountry situations or thematic issues in allparts of the world.37 Special procedures man-dates usually call on mandate holders to ex-amine, monitor, advise and publicly reporton human rights situations in specific countriesor territories, known as country mandates,or on major phenomena of human rights vi-olations worldwide, known as thematic man-dates. Various activities are undertaken byspecial procedures, including responding toindividual complaints, conducting studies,providing advice on technical cooperationat the country level, and engaging in generalpromotional activities.

When the recommendations of the treatybodies developed through the UPR and UNSpecial Procedures in the area of disabilityare made available, they should inform thedevelopment and implementation of advo-cacy, policy and programme interventionsat the national level. They may guide devel-opment of a series of interventions promotingthe rights of PWDs through building a strongand long-lasting political will and capacity,and public support of the disability agenda.For instance, public service capacity-buildinginterventions may focus on addressing the

recommendations and on developing skillsand knowledge to meet them. At the levelof civil society, they may help to identifyspecific areas of how broad-based participa-tion of DPOs in the national policy processcan be supported to improve the design ofpolicies and strategies addressing the rec-ommendations. If the broader constituenciesthat are empowered institutionally becomean integral part of addressing the recom-mendations of the UN human rights bodies,they can contribute their knowledge andunderstanding of specific local conditions,and become personally involved in their im-plementation, which ultimately increasescommitment on the part of broader audi-ences. In addition, the recommendationsmay inform development of targeted mediainformation awareness-raising campaigns,organization of special events and presenta-tions to build public confidence in the im-portance of addressing them.

As multiple partners, such as UNDP, UNWomen, the Organization for Security andCo-operation in Europe (OSCE), the WorldHealth Organization (WHO), the United Na-tions Population Fund (UNFPA), the UnitedNations Children’s Fund (UNICEF), the EU,unilateral donors and foundations are fundingand implementing multiple interventionspromoting the human rights of PWDs, therecommendations developed through theUPR process and special procedures as wellas recommendations of the treaty bodiescan also be used as a developmental platformto coordinate the efforts of all partners inpromoting the disability agenda. It is importantto conduct regular consultations with thegovernment, DPOs and development partnersto ensure the clear separation of roles andresponsibilities in all projects promoting thehuman rights of PWDs. Effective partnershipwill help to avoid the overlapping of efforts


33

36 For more information, see Office of the United Nations High Commissioner for Human Rights, Human Rights TreatyBodies, http://www2.ohchr.org/english/bodies/treaty/index.htm

37 Ibid.

and facilitate effective sharing of informationand promotion of successful practices.

6.2. Support effectiveoperationalization of theexisting disability legislationinto policies and programmesand strengthen the capacityof the public service

Often disability laws, regulations and poli-cies remain statements of good intentionswithout any follow-up implementation andproper reporting. To address these systemicgaps, the capacities of duty-bearers shouldbe strengthened to meet their human rightspositive obligations (to protect, promote andprovide) and negative obligations (to abstainfrom violations). Governments have to besupported in operationalizing the CRPD re-quirements into specific policy implemen-tation plans in all respective areas, such asemployment, education, accessibility andothers. The disability plans should includethe timetable for delivering a policy, theroles and responsibilities of all those involvedin delivery, and the resources allocated tothe policy. The plans could also includespecific targets, performance measures andindicators measuring policy success.

The roles and responsibilities of partnerministries should be clearly outlined. Acomprehensive list of legislative and policyinitiatives planned by the ministries and thenecessary budget allocations that ensurecompliance with the CRPD can be developed.Targeted support can be provided to strength-en the analytical capacity of line ministriesin policy making and implementation. A par-ticular focus can be made on such areas asconducting research, developing policy op-tions, conducting ex-ante policy assessments

as well as estimating costs of new policy ini-tiatives.

Improve interministerial coordinationin the area of disability.38 Often in the ECIScountries each of the ministries and state in-stitutions responsible for disability mattershas its own strategy and its own programmes.Often these strategies and programmes arenot harmonized with or integrated into thevision of the national development strategy.In addition, all ministries have their own re-porting and statistics systems.

Disability should be mainstreamed acrossall policy sectors that may contribute to in-creasing awareness of disability, thereby mak-ing each policy sector apply a disability per-spective when establishing policies. In additionto mainstreaming, interministerial coordinationshould be improved to address the rights ofPWDs. As different ministries typically shareresponsibility for different interventions sup-porting PWDs, such as paying cash benefits,providing social assistance, helping withlabour market re-integration, a proliferationof different disability programmes, each fo-cused on a specific problem, may lead to in-sufficient attention being paid to the needsof the individual PWD as a whole personand inefficient use of resources. As PWDsface multiple barriers to exercising theirhuman rights, the integrational and com-prehensive approaches to disability shouldbe developed and implemented to ensurethe sustainability and long-term impact ofdisability interventions that is impossiblewithout effective interministerial coordination.

Although many ECIS countries encourageor even mandate interministerial consultations,the policy coordination mechanisms areweak, the roles of line ministries are notalways clear, but above all coordination isinitiated at later stages of policy developmentwhere the policy is almost fully developed.In the absence of effective collaboration,


34

38 See CRPD, Article 33, National implementation and monitoring. The article requires, in particular, State Parties to givedue consideration to the establishment or designation of a coordination mechanism within government to facilitaterelated action in different sectors and at different levels.

silo-based thinking about disability policieswill continue to dominate.

There is a range of strategies that promoteeffective disability policy coordination thatinclude:

• sensitizing all levels of the public serviceon disability matters;

• establishing dedicated national intermin-isterial bodies responsible for disabilitymatters;39

• circulating draft government submissionmaterials to potentially impacted ministrieswell in advance of submission dates;

• consulting closely with and actively involvePWDs, including children with disabilities,through their representative organiza-tions;40

• improving the existing governance andaccountability systems to promote cross-ministerial coordination;

• establishing a cross-ministry steeringcommittee coordinating disability-focusedcross-ministerial policy government sub-missions;

• using existing permanent cross-ministrygroups or networks to seek input on dis-ability policy proposals;

• investing in the professional developmentof policy staff with particular emphasison developing the skills of cross-ministerialpolicy development in the area of dis-ability.

Many ECIS countries established dedicatedinterministerial bodies responsible for coor-dinating all disability policies. In Albania, forinstance, there is a National Council of Dis-ability-related Issues. It is chaired by the Min-ister of Labour Social Affairs and Equal Op-

portunities, and composed of seven ministersand five chairs of national associations (blindpeople, paraplegic people, people who be-came disabled as a result of work accidents,deaf people, and parents of people with in-tellectual disabilities). In Armenia, there is aNational Commission on Issues of Personswith Disabilities, established in 2008. It servesas the coordination mechanism on disabilitiesissues. The commission is composed of theMinister of Labour and Social Issues (Chair-man), the Head of the Department of Disabledand Elderly People’s Issues (Secretary), theVice-Minister of Health, the Vice-Minister ofJustice, the Vice-Minister of Finance and Eco-nomics, the Vice-Minister of Education andScience, the Vice-Minister of Territorial Ad-ministration, the head specialist of the De-partment of Social Affairs at the GovernmentAdministration and heads of eight disabilityNGOs.41 In Turkey, the Administration for Dis-abled People was established in 1997 underthe Prime Ministry. The administration is anational focal point and coordination mech-anism on disability issues and is responsiblefor supporting the preparation of nationalpolicies for PWDs. The administration hasestablished the Executive Committee on Dis-abled People and the Council on DisabledPeople.42

Ensure that decentralization promotesthe human rights of PWDs.43 There areoften strong reasons for giving local govern-ments a prominent role in the delivery ofprogrammes and support to PWDs, as theycan better tailor interventions to their needs,assess genuine needs requiring exceptionalsupport and promote policy innovations.Decentralization can encourage local publicadministrations to be innovative, as they do


35

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-

tact43 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; andArticle 4 (5), General obligations.

not have to follow uniform and rigid proce-dures established by central governments.Local public administrations can rely on theknowledge, expertise, and experience oflocal people and develop and implementbetter targeted and more cost effective andefficient programmes and services. Decen-tralization allows the voices of the PWDscommunicated to local and national decisionmakers to be heard.

As the existing evidence suggests, de-centralization does not automatically leadto improved outcomes for socially excludedgroups. The results of decentralization effortsin developing countries have been mixed.44

As many governments in the ECIS are im-plementing decentralization reforms throughwhich many of the responsibilities regardingprogrammes, support and services to PWDshave been delegated from the central tolocal level governments, it is critically importantto introduce additional safeguards to ensurethat the rights of PWDs are observed. A newdecentralized accountability model safe-guarding rights of PWDs should be estab-lished. It can be accomplished through or-ganized and systematic dialogue amongstakeholders, including local governments,DPOs, community groups and the privatesector. The minimum standards of access tobasic services provided to PWDs can be es-tablished and DPOs and PWDs should be in-volved in monitoring of local compliance.Targeted training should be also providedto local public administrators on disability.

Pilot innovative approaches to pro-moting the human rights of PWDs beforeembarking on nationwide implementation.It is advisable to pilot new disability policiesand models promoting the rights of PWDsin a few regions and assess how new models

work in practice. Piloting can test whetherPWDs really benefit from these changes andmore accurately assess the costs of imple-menting the changes nationally. In selectinga pilot site it is important to ensure that it isfairly representative of the PWDs targetedthrough the changes. Geographical location,income levels, the accessibility of governmentservices and unemployment levels are someof the factors that should be taken into con-sideration in choosing pilot sites.

Conduct training of public servantson how to design and implement humanrights-based disability policies and pro-grammes. Training could focus in particularon developing skills with regard to how toidentify the barriers and challenges thatPWDs face in exercising their rights and howto develop policies and programmes to ad-dress them. Greater awareness of the re-sponsibilities of public servants towards PWDsin discharging their duties will improve thedelivery of services to them. Training can bedelivered for national and local public servants,both involving PWDs as trainers. UNDP Serbia,for instance, helped to produce an onlinecourse for public servants to allow them tofind out more about the rights of PWDs.

6.3. Support interventionspromoting accessibility45

Accessibility is an umbrella concept thatrefers to issues related to services, systemsand policies.

It is about creating an environment inwhich systemic barriers to the full participationof PWDs are reduced or eliminated, so thatthese people have equal access. Under the


36

44 G. Shabbir Cheema, “Linking Governments and Citizens through Democratic Governance”, in Public Administration andDemocratic Governance: Governments Serving Citizens, UN, 2007, 7th Global Forum on Reinventing Government, BuildingTrust 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 EastEurope: An Inaccessible Right?”, released by Handicap International in 2006, covers such components as individualizedsupport, accessible housing, public building and transportation. It contains many examples and recommendationsand can inform interventions in the areas of accessibility.

CRPD, States Parties are required to take ap-propriate measures to ensure PWDs access,on an equal basis with others, to the physicalenvironment, to transportation, to informationand communications, including informationand communications technologies and sys-tems, and to other facilities and servicesopen to or provided to the public, both inurban and in rural areas.46

Plans for removing barriers and construct-ing accessible buildings and spaces, services,information and communication can be de-veloped and implemented. Universal designstandards have to be incorporated into thedesign of buildings open to the public, theprovision of services, and new informationand communication technologies. Trainingfor stakeholders should be provided on ac-cessibility issues facing PWDs.47

Accessibility should be improved in otherareas as well. New accessible informationand communication technologies have thepotential to improve the access to anddelivery of basic services, such as health andeducation to PWDs. However, if these areasnot accessible, they build further barriersthat inevitably limit the opportunities forPWDs to exercise their rights. The Law onSocial Support to Disabled People in Kaza-khstan, for instance, protects access to infor-mation for PWDs. There are periodicals, sci-entific journals, reference literature, and fic-tional works that were either recorded onCDs or in braille. The law requires one nationaltelevision channel to broadcast news pro-grammes with sign-language translation. Theimplementation of such laws addressing therights of PWDs in access to information inthe ECIS is often lacking or is only partial.

The requirement of accessibility is criticallyimportant for ECIS, where the overwhelmingmajority of buildings, including governmentinstitutions, are not accessible by PWDs,

which restricts their opportunities to exercisetheir rights in multiple domains. Many streetsare virtually unusable for individuals whorely on wheelchairs and some people havetrouble even exiting their apartment buildingsbecause of narrow doorways. The existinglegislation and accessibility standards arepoorly enforced. As a result, in Turkey, for in-stance, more than 77 percent of PWDs havedifficulty in access because of lack of necessaryarrangements in public places like roads,walkways, and parks. 70.2 percent of PWDshave difficulty in accessing institutions servingthe public for the same reason. Approximately72.1 percent cannot use local public transportand 59 percent cannot use inter-city publictransport, as they have no necessary modifi-cations for PWDs.48

Support can be provided through thepractical application in architecture of theprinciple of universal design from the projectphase, with a ban on the issuance of permitsto buildings that are not accessible. The sameprinciple would be applied to transport. Na-tional building codes, for example, could berevised to require minimum standards of ac-cess and were applied to all buildings at thetime they were being built and during majorrenovations irrespective of ownership.

UNDP Uzbekistan’s project, for instance,supported the Cabinet of Ministers in adoptinga resolution on imposing fines for violationsof the building code that requires all newbuildings to be fully accessible. A manual forarchitects and builders on how to constructfully accessible buildings and infrastructurein line with the accessibility requirementswas developed and architects and builderswere trained on how to ensure compliancewith the accessibility legislation.

Often websites are not accessible forPWDs. To address this limitation, UNDP Polandprepared and released How to make an ac-


37

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.

cessible webpage, which contains guidelinesfor designers and content editors. Usingsimple terms, it presents all the elements tomake websites accessible step by step. Theguidelines are an indispensable tool foranyone engaged in website development,including web designers and content editors.49

The publication supports the developmentof websites that are accessible to blind andsight impaired people, those with reducedmobility, deaf, dyslexic, and cognitively im-paired people, senior citizens, less educatedpeople, those using low bandwidth Internetconnections and, finally, all Internet users,independently of hardware and softwareconfigurations.

6.4. Clarify definitions andimprove quality andavailability of data50

The CRPD may be ratified and policiespromoting the human rights of PWDs maybe adopted, but the real impact of thesemeasures should be monitored at the house-hold and individual level. Clear and objectivestatistical data on PWDs is necessary to laythe basis for sound disability-related policiesand programmes to meet the CRPD re-quirements. Consistent definitions of disabilityaligned with best international practicesshould be adopted, processes for data col-lection established and databases createdto meet the CRPD requirements and prioritizedisability-related concerns in resource allo-cation and policy and programme devel-opment. High-quality, comparable data ondisability is important for the planning, im-plementation, monitoring, and evaluationof disability-focused policies and pro-grammes.

In the ECIS, official data on PWDs, suchas the prevalence of disability among children,adults and older people at the national andregional levels, as well as socio-demographiccharacteristics of the population with dis-abilities, including their age, sex, ethnicity,marital status, educational qualifications,labour force status, income, and householdand family circumstances, are often insufficient,may not be accurate and may not show thereal situation with regard to their disability.51

As the estimates of the prevalence of disabilityin ECIS countries provided in Annex 1 indicate,the prevalence rates vary dramatically acrossthe countries, which confirms that the defi-nitions and statistical data on disability maynot accurately reflect the situation of PWDsin the region.

Develop or adopt a definition of dis-ability and specific categories of disabilitiesbased on the social human rights model,relying on the best international approach-es. In the ECIS countries, as in many countriesaround the world, definitions of disabilitydepend on the reasons for defining it, suchas designing a disability pension programmeand defining eligibility criteria, providing di-rections on placements of students in main-stream versus segregated school settings,determining eligibility criteria for assistivedevices, etc. In some countries, a person isdisabled only if she or he has impairmentsthat permanently and completely preventher or him from working. Other countriesdefine disability more broadly as a state ofdecreased functioning associated with disease,disorder, injury, or other health conditions,which, in the context of one’s environment,is experienced as an impairment, activitylimitation, or participation restriction. In Bosnia& Herzegovina, for instance, the legal frame-work is grounded on the basic principle ofrespect of human rights, but its implemen-


38

49 UNDP Poland, How to make an accessible webpage. Guidelines for designers and content editors, 201150 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.

tation is problematic, due to the applicationof an unharmonized assessment of disabilityacross different categories such as war veteranswith disabilities, civil victims of war and so-called civil/non-war disabilities.52

The national definition should reflect thesocial model so that disability is determinedby examining the participation levels ofpeople with different functional statuses. Inthe social model, disability is seen as a relativeterm where impairments can be more orless disabling, depending on the extent ofsocial barriers existing in countries. Thesebarriers are often environmental, institutionaland attitudinal and they inhibit PWDs’ real-ization of their human rights. The articulationof perhaps an “open-ended description” ofwhat disability, an evolving concept, meansbased on human rights and the social modelcould be helpful to identify, remove and pre-vent the creation of societal barriers.

To ensure international comparability ofdata and be able to benefit from internationalexpertise, it is beneficial to depart from thedefinitions of disability developed by theWHO.53 WHO’s International Statistical Clas-sification of Diseases and Related HealthProblems54 is widely used internationally todiagnose disorders. The International Classi-fication of Functioning, Disability and Health(ICF) can inform development of a nationaldefinition of disability because it combinesboth medical and social approaches to dis-ability. The ICF definition of disability doesnot restrict disability to any previously definedthreshold of functioning. Disability is definedwithin the context of health, while featuresof the environment and social barriers aretaken into consideration. In Kazakhstan, asin many ECIS countries, the definition of dis-

ability has become closer to the WHO ICFdefinition as result of gradual shifting from amedical to a social model, as well as legalacknowledgement of the rights of all cate-gories of the population, including children.Additional work is needed in the area of ap-plication of the ICF to a national clinical di-agnosis and rehabilitation assessment, andin disability data collection.55

The description of disability should beclear and easy to operationalize to informmultiple policy and programme decisions.High-quality and succinct descriptions wouldhelp in designing an effective service deliveryprogramme, for instance, through guidanceon how to interpret the information on peo-ples’ functioning levels, support availablewithin the PWD’s family and community,and characteristics of the environment wherePWDs live, study and work.56 The descriptionof disability should also avoid defining itfrom the perspective of the individual’s sat-isfaction with life experiences. The data aboutquality of life, well-being, and personal satis-faction with life are useful for policy designand evaluation, but it is very subjective andmay not necessarily reflect the presence orextent of disability. In this regard, the issueof “assessment of impairment” and the needfor multidisciplinary teams are also importantto keep in mind.

Improve quality and accessibility ofdata on disability. National Statistics Agenciesshould be supported in strengthening theircapacity in collecting the disaggregated dataon the number of PWDs by disability (to im-prove targeting for better programming), de-mographic profile, level of income, educationlevel, and ethnicity. The disability perspectiveshould be incorporated in sector-specific dis-


39

52 Bosnia and Herzegovina, Council of Ministers and Directorate for Economic Planning, Social Inclusion Strategy ofBosnia and Herzegovina, 2009.

53 World Health Organization, www.who.int/about54 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.

aggregated statistical data collection toolsthat would allow every ministry and govern-ment agency with responsibility for disabilitymatters to assess the impact and effectivenessof its interventions at the micro level. In thoseinstances where the necessary data cannotbe obtained, it may be beneficial for donor-funded projects to conduct baseline surveysand needs assessments that would help toestablish a database of potential project ben-eficiaries and better target interventions. Dataon factors contributing to exclusion and in-clusion, respectively improve targeting ofbenefits, support services.

For example, to collect the prevalenceestimates, a range of different approachescan be adopted. Individuals may be askedto self-identify as disabled. Identification ofspecific diagnosable conditions can be con-ducted by requesting respondents to indicateif they have such limitations as polio, epilepsy,paralysis, etc. Another approach focuses onidentifying disability if the individuals haveany difficulty performing any activities ofdaily living. In practical terms, the respondentsare classified as disabled if they need supportin performing such activities as dressing,bathing, and feeding themselves. Disabilitymay be determined by examining whetheran individual can perform such higher ordertasks as maintaining their house, managingmoney, and shopping.57

It is advisable to include questions ondisability into the census. As the censuscovers multiple areas, such as the socio-eco-nomic situation, cross-tabulations on theemployment, education and income levelsof PWDs can be processed and provide rich

information on actual conditions of PWDs ina disaggregated format. As the populationcensus is conducted at a low frequency ofusually 10 years, the information collectedthrough it is not sufficient to monitor disabilityin the ECIS where the conditions may changedramatically. It is advisable to explore thepossibilities of adding a set of questions ondisability or a module into household surveyson such diverse topics as the labour force,access to social services, poverty, etc. con-ducted by the national statistics authorities.Additional information can also be obtainedfrom the databases maintained by programmeadministrators providing services such asdisability pension funds, assistive devices, re-habilitation and training programmes andemployment support to PWDs.58

Experts have identified a number offactors that contribute to disproportionatelylow and often inaccurate reporting of disabilityin the ECIS that include:

• narrow, restrictive and exclusionary defi-nitions of disability;

• reduction in the numbers of individualseligible for disability pensions;

• fraud within the medical evaluation andsocial welfare system with regard to eli-gibility for social benefits;

• lack of, or limited access to, a medicalevaluation process that determines eli-gibility for welfare services, especially forresidents of rural areas;

• high costs associated with travelling toevaluation sites, wasted time at work andthe social stigma resulting from formalidentification59;


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57 More suggestions and ideas on how to improve the data on circumstances of persons with disabilities and theirhouseholds could be obtained from Wim van Oorschot and Maarten Balvers, European Comparative Data on theSituation of Disabled People: an Annotated Review. Report prepared for the Academic Network of European DisabilityExperts (ANED), 2009.

58 On specific strategies to improve the quality of the data on employment of people with disabilities, see ILO, TheEmployment Situation of People with Disabilities: Towards Improved Statistical Information, 2007. The census examples arethe 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 specialexamination 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

• inaccurate unemployment statistics thatcaptures only PWDs who are registeredwith the medical assessment commis-sion;

• underrepresentation of children with dis-abilities;

• lack of data on workplace injuries as em-ployers are reluctant to disclose workplaceinjuries, as there is a substantial fine forunsafe working conditions;

• underrepresentation of mental and psy-chiatric disability as people with mentalor psychiatric disabilities are often notincluded in data sets;

• scepticism towards census and populationsurveys as many people do not want toreveal family and personal data to thestate.60

The need for improving the national dis-ability data collection system was identifiedby national experts, DPOs, and other potentialusers of statistical data on disability in Belarus.UNDP Belarus addressed this gap by intro-ducing the interested parties to the best in-ternational practices in collection and appli-cation of disability statistics through a studyvisit to Germany. As a result, A Questionnaireon the Situation of PWDs was developed. It isused to identify barriers to independentliving for PWDs, assess the economic situationof households with members with disabilities,and evaluate the overall socio-economic sit-uation of PWDs. The survey was conductedand its results were published in 2010 andwidely disseminated among the relevantgovernment bodies, research institutions,NGOs, and libraries.

In Moldova, in response to a request ofthe Ministry of Labour, Social Protection andFamily, the UNCT is implementing a projectproviding technical support in the develop-ment of a roadmap for the introduction ofthe WHO ICF and related legal, policy, regu-latory and procedural reform measures. These

reforms are outlined in the Action Plan of theGovernment of the Republic of Moldova’s Strategyon the Social Inclusion of Persons with Disabilities2010-2013.

6.5. Promote individualized andcomprehensive approaches

PWDs have diverse strengths and needsbut they are not a homogenous group.People may be disabled by physical, intel-lectual or sensory impairment or have mentalillness. They may have a disability from birthor have acquired it in childhood, their teenageyears, later in life, during further educationor while in employment.

The needs of PWDs and their familiesmust be identified and addressed in a mannerconsistent with and reflective of their dynamicqualities, capacities, vulnerabilities, and ex-pectations. More individualized approachesto support PWDs should be adopted acrossall sectors, which would be a practical appli-cation of the human rights approach. In thearea of employment, for instance, individualsupport plans for PWDs can be institutional-ized. These plans can take into account suchindividual characteristics as age, skills, specialneeds and employability of PWDs, evaluationof the local market, a training plan and otherinterventions empowering PWDs to eitherjoin the labour force or pursue self-employ-ment opportunities. The plans could containvarious rehabilitation and work elementssuch as the assessment of professional skills,career guidance and counselling, restorationof professional skills and development ofnew professional skills, as well as benefits incash and kind. They can include specificcommitments for the PWD that he or shecan sign and include a requirement for peri-odic follow-up meetings with social workerswho can be in charge of case management.


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60 USAID, Prevalence of Disability in Europe and Eurasia, 2009.

The adoption of individualized approach-es will help to reduce and ideally eliminatebarriers to the realization of human rightsthrough better targeted services and supportprovided to PWDs. To ensure that individu-alized approaches work, case workers shouldreceive relevant training to develop thevalues and skills to deliver personalizedsupport. Specific suggestions on sector-specific operationalization of individualizedapproaches are provided in the followingchapter.

6.6. Enhance access to justice forPWDs61

PWDs should be provided with the samelegal rights and access to justice as the non-disabled. In the majority of ECIS countries,the judicial branch of government is under-developed compared to executive and leg-islative branches. The judicial system has in-adequate financial resources, professionalcompetence, independence, and facilities.The independence of judges with regard tothe executive branch as well as their protectionfrom undue influences and corruption arenot fully ensured and guaranteed. Accusationsof biased proceedings in court cases arecommon. Public confidence in the court sys-tem is low.62 PWDs may be socially excludedand marginalized, without having recourseto justice.63

In addition to these institutional barriersfaced by all the citizens of ECIS countries,PWDs face numerous barriers to exercisingtheir human rights and in accessing justicethat include:

• physical inaccessibility of courts, legal as-sistance offices, and other relevant justiceoffices;

• inaccessibility of legal information, in-cluding websites;

• lack of financial resources to pursue legalassistance;

• lack of or limited knowledge of theirrights;64

• ineligibility for publicly funded legal as-sistance and lack of knowledge of availableoptions for legal assistance;

• negative stereotypes and attitudes ofsome justice system employees;

• limited range of support provided toPWDs to facilitate their access to justice,such as the use of interpreters;

• lack of expertise and experience in dis-ability law among legal service providers;

• lack or limited expertise of legal serviceproviders in communicating with PWDs,including using alternative modes andformats of communication;

• limited representation of PWDs amongjustice system professionals.

In Belarus, for instance, despite a numberof legal provisions designed to accommodatedisabilities in a courtroom, such as a require-ment to provide a court interpreter and themodernization of courtroom equipment,PWDs still experience certain difficulties inaccess to justice. Many courtrooms lack theequipment to accommodate hearing andspeech disabilities, or ramps and other featuresenabling mobility around the court building.No specific accommodations are mandatedfor questioning of crime victims with dis-abilities. PWDs are legally entitled to free


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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 asanatorium, but they often do not realize this. Eurasia Foundation and the Caucasus Research Resource Centers, EqualBefore the Law? A Study of How Citizens Experience Access to Justice in Kazakhstan, Kyrgyzstan and Tajikistan, 2011.

legal counsel and representation. Exemptionsfrom legal fees are granted upon productionof documented proof of disability.65

To ensure that such core provision of theCRPD as the right of PWDs to equal legalrecognition, capacity and support before thelaw, and that their right to equal access tojustice as well as support and accommodationin the justice process are met, the followinginterventions can be implemented:66

• Mainstream the goals of promoting rightsof PWDs into reforms of the justice sector.As multiple agencies and institutions con-stitute the justice sector, it is importantto ensure that there is a coordinated andcoherent sector-wide strategy addressingthe human rights of PWDs.

• Identify and address physical and com-munication barriers that PWDs face inaccessing justice. In addition to makingall legal institutions such as courts, legalassistance and ombudsman’s offices phys-ically accessible, communication barriersshould be addressed. Deaf individuals,for example, must have sign languagetranslation and blind PWDs should havematerial in braille to facilitate participationin court proceedings and other legalmatters. Legal provisions that limit thecapacity of PWDs to give testimony orparticipate in any other way in legal pro-ceedings should be abolished.

• Revise the existing legislation and policiesin such diverse sectors as employment,public transport, telecommunicationsand information, procedural law, socialand health protection, education, publicprocurement, family law, criminal lawand other relevant areas to ensure thatthey guarantee the non-discrimination

of PWDs. Ensure that access to pro-grammes and services is equitable andnon-discriminatory and open for effectivemonitoring and appeal mechanisms toensure access to justice of PWDs.

• Legislate a right for free legal aid forPWDs.

• To ensure that all PWDs enjoy legal ca-pacity, develop a system that would pro-vide support or assistance to enablethem to make decisions for themselvesand expand their capacities to do so.Eliminate outdated guardianship systemswhich infringe on PWDs’ fundamentalrights to liberty and equality. Rather thanassigning them to a guardian, PWDsshould receive support in decision mak-ing.67 Many ECIS countries’ legislation onthe capability and legal capacity of naturalpersons, including persons with intel-lectual disabilities and mental problems,is still based on the concept of substitutivedecision making. The right to take deci-sions about one’s life should not be takenaway from PWDs and the legislationshould be aligned with the CRPD re-quirements and all possible accommo-dations and support should be providedto minimize the number of people withmental health issues, intellectual disabil-ities and other disabilities being declaredlegally incapable and put under legalguardianship. The rights, will and prefer-ences of the concerned person shouldbe respected. Any restrictions of therights of an individual must be tailor-made to the individual’s needs, be gen-uinely justified and combined with ef-fective safeguards. Access to support isof the utmost importance in order togive access to justice to PWDs, as without


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65 Ministry of Labour and Social Protection of the Republic of Belarus, UNDP, Situation of Persons with Disabilities inBelarus, 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 GeneralAssembly, September 3, 2009.

assistance, these persons are often notin a position to make themselves heard.

• Targeted interventions may support theoffice of the ombudsman. In addition tomaking it physically accessible, it is im-portant also to sensitize staff of the officeto disability and develop guidance ma-terials for PWDs on functions of the om-budsman’s office, including some practicalguidance on such matters as how to fileclaims. A position of Assistant Ombudsmanfor the Protection of Human Rights canbe created who will deal with the pro-tection of the human rights of PWDs.

• Support the relevant ministries and agen-cies in consulting PWDs on access to jus-tice matters. Strengthen the capacity ofDPOs to work in defence of PWDs’ humanrights and provide them with the rightto initiate court proceedings in the nameof PWDs.68

• Conduct targeted awareness-raising in-terventions to train and educate the ju-diciary about the rights of PWDs. Thetraining courses may target judges,lawyers, police officers, staff of penitentiaryinstitutions, and other relevant justicesystem professionals.

• Support PWDs who chose the legal pro-fession to grow professionally to assumepositions of significance in the justicesystem.

Persons with mental disabilities are oftendeprived of their legal capacity in ECIS coun-tries.69 It is necessary to develop policies andintroduce effective procedural safeguardsthat will ensure that in any case that a personwith mental disabilities is deprived of his orher legal capacity, they have prompt access

to an effective judicial review of decisions. Itis necessary also to ensure that persons withmental disabilities and/or their legal repre-sentatives can exercise the right to an effectiveremedy against violations of their rights.

UNDP Montenegro, for instance, sup-ported the government in establishing anormative and institutional framework forthe legal aid system. The Law on Legal Aid,which was adopted in 2011 stipulates that aperson with special needs will have the rightto legal aid without submitting any otherdocumentation on his or her financial situation,as is requested by the law for other cases,excluding special categories of populationdefined by the law’s provisions. UNDP hasalso conducted a fiscal impact analysis todetermine the budget implications of thelaw’s implementation.

DPOs can be supported in building theircapacity to provide free legal advice servicesto PWDs and defend their rights in courtsand other state institutions. In Armenia, NGOUnison, for example, provides a range oflegal services that include legal advice onspecific cases, attorney services to litigatecases of discrimination based on the groundsof disability, and provision of information onthe relevant state authorities and currentlegislation.70 In Russia, DPO Perspektiva, withthe financial support of USAID, has trained12 professional lawyers and 41 law studentsto provide assistance in court and in draftinglegislation.71 In Moldova, the Legal AssistanceCentre for Persons with Disabilities, which isa non-governmental, non-profit, apolitical,public interest organization, established bya group of PWDs, provides free legal advicefor PWDs and specialized NGOs, representsPWDs before courts, public authorities, and


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68 Commissioner for Human Rights, Third party intervention by the Council of Europe Commissioner for Human Rightsunder Article 36, paragraph 3, of the European Convention on Human Rights, Application No. 47848/08 – The Centrefor 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 WorkingGroup, 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/

businesses, and edits and publishes infor-mation materials on the rights of PWDs.

There are some groups of PWDs that re-quire special attention in securing their rightsto access justice. It is important to open uppsychiatric institutions where PWDs live toindependent public scrutiny to prevent hu-man rights violations and ensure that PWDshave access to justice.72 The inspection mech-anism should be independently funded andmanaged and include frequent visits to psy-chiatric institutions. This could be establishedfollowing the model of National PreventiveMechanism established under the OptionalProtocol to the Convention against Torture(OPCAT)73. DPOs and human rights NGOsshould be provided with the possibility tofile an application on behalf of the residentsof psychiatric institutions if they are unableto do so alone.

6.7. Ensure that the intersection ofdisability rights with genderand ethnic minority rights(multiple discrimination andaggravated forms) areproperly addressed

Women and ethnic minority individualswith disabilities in the ECIS countries facesignificant impediments in realizing their for-mal human rights. Women and girls withdisabilities face a double burden of discrim-ination, in which gender and disability interactwith and reinforce each other. Women withdisabilities are less likely to get married thannon-disabled women, and once married, aremore likely to be divorced. In Kosovo, for ex-

ample, despite the NGOs and governmentsupport, women with disabilities still remainmarginalized. They still experience traditionalstereotypes about women as dependent,passive, and incompetent. As a result, womenwith disabilities are poorer, often illiterate,and have fewer opportunities to establish afamily and have a decent life. Women withdisabilities also have fewer opportunities forvocational training, employment and eco-nomic independence.74 In many ECIS countriesviolence against women with mental dis-abilities is common in institutional settings.Women and girls in institutional and residentialsettings are all particularly vulnerable, eitherbecause they are less able to protect them-selves or because they are unable to reportabuse.

PWDs in the minority groups, particularlyamong the Roma population, have not beentargeted through policies, programmes andinterventions promoting the human rightsof these minorities. Policy makers tend toassume that the needs of these groups couldbe addressed through the existing legislationand network of services, but in reality, infor-mation is not available to them, and theyrarely exercise their rights. Roma PWDs facemultiple discrimination and are often unableto exercise their rights of access to socialand security and health care due to the ab-sence of personal identification documents.Often in the ECIS countries the easiest solutionto address the multiple challenges that Romachildren face is found by placing them inspecial schools for children with disabilities.75

As a result, Roma children outnumber non-Roma in schools for mentally retarded childrenwith no good health-related grounds forthis.76


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72 “In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that allfacilities and programmes designed to serve persons with disabilities are effectively monitored by independentauthorities.” 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.

To address the multiple discriminationthat PWDs in the minority groups and womenwith disabilities face, it is necessary to designtargeted interventions promoting the humanrights of these groups. The cycle of discrimi-nation, poverty and neglect should be brokenby implementing separate measures ad-dressing the specific circumstances of thesegroups.

The capacities of women with disabilitiesand PWDs in the minority groups in advo-

cating their rights should be strengthened.In Kazakhstan, the EU funded a projectstrengthening leadership and managerialcapacities of organizations of women withdisabilities, their networks and dialogue withthe government on issues related to disabilityand gender equality. The network of organi-zations of women with disabilities, comprisingof 14 NGOs from Southern, Western andNorth-Eastern Kazakhstan, has been estab-lished under the project.


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The CRPD recognizes “the importance ofaccessibility to the physical, social, economicand cultural environment, to health and ed-ucation and to information and communi-cation, in enabling PWDs to fully enjoy allhuman rights and fundamental freedoms.”77

As the barriers and challenges that PWDsface are multi-faceted, interventions promot-ing the human rights of PWDs should be di-versified and involve multiple partners. Thefollowing sections review potential interven-tions that can be undertaken in selectedsectors to promote the human rights ofPWDs. Regardless of the specifics of sectoralpolicies or interventions, they should be

comprehensive and include key elementspresented in Chart 4.

7.1. Education

According to the Organisation for Eco-nomic Co-operation and Development’s(OECD) research based on comparative coun-try analysis, in order to equip disadvantagedstudents with equivalent learning means,even in cases of severe disabilities, theyshould be educated in mainstream schoolsrather than in separate institutions, on thecondition that additional resources provided

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SECTORAL INTERVENTIONS PROMOTING THE HUMAN RIGHTS OF PWDs: SELECTED EXAMPLES7

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

77 CRPD, Preamble (v).

Promoting rights of PWDs

Strengthened capacity of decision makers and service

providers

Human right-based

sectoral policies

Involvement of PWDs in decision

making

Individualized programmes and

services

Improved accessibility

for special schools are maintained in themainstream schools and elsewhere.78 To en-sure that the rights of students with disabilitiesare addressed, the reforms should eliminatethe barriers that they face. The legal frameworkshould be aligned with CRPD requirements;changes in identification and placement pro-tocols and practices introduced; the educationsector funding model revised to supportstudents with disabilities in mainstreamschools; accessibility of schools and trans-portation improved and educators trainedto support students with disabilities in class-rooms. In a rights-based model of education,consistent with the CRPD, education shouldbe student-centred, focus on the realizationof students’ full potential and prepare themfor life after school.79 The “children who learntogether, learn to live together” philosophyshould be adopted and operationalized inall aspects of education policy.80

In the ECIS countries, most kindergartensand schools are still unable to provide servicesto children with special education needs,and the majority of them remain excludedfrom special and mainstream education.There is a lack of auxiliary means, alternativetexts and materials, and teachers are notwell-trained to support children with dis-abilities.81 Overall residential care rates forinfants and children are still high in the ECIScountries, and many children live away fromtheir families in Soviet-era children’s homes.At the end of the 1990s, 900,000 children, al-most 1 percent of all children, were reported

to be living in residential care in the 27 coun-tries.82 In Azerbaijan, for instance, there areover 2,000 children with disabilities whoreside in children’s homes.83

Many children with disabilities are iden-tified too late and the early intervention serv-ices are not available at community level.84

The practices of classification and placementof students with special needs that are basedon the medical model of disability and arestill widely used in the ECIS should be revisedto encourage inclusion. Assessment toolsdeveloped on the basis of the “defectology”approach used by state commissions are stillbased on outdated ideas about educableand non-educable children. Often the place-ment decisions are made without takinginto account all factors affecting the child’scapacity to learn. Parents may not be neces-sarily present at the commissions’ meetings,which does not allow social and family cir-cumstances to be taken into consideration.In Romania, for example, the identificationof special education needs is still done froma medical deficit point of view.85

To address these limitations and integratea human rights perspective, it is necessaryto develop new protocols and procedureand train commissions to spend more timeobjectively assessing the child’s strengthsand needs and rely on a wide range of infor-mation in making their placement decisions.A wider range of practitioners working withthe child can inform decision-making process-es as well. A requirement that the placement


48

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 specialeducation needs can be found in Susan J. Peters, Inclusive Education: Achieving Education for all by Including Those withDisabilities 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 – ourresponsibility”, Disability & Society, Vol. 25, No. 5, August 2010, 627–630.

81 UNESCO, International Bureau of Education, Albania, Regional Preparatory Workshop on Inclusive Education Eastern andSoutheastern 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-homes84 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, andservices 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.

of students in special schools can be recom-mended only if the placement in regularclassrooms with appropriate accommodationsdoes not meet the student’s educationalneeds should be legislated.

As students with disabilities have diversestrengths and needs, the policies should in-clude a requirement to develop and imple-ment individual education plans, includinggoals for the student, support provided andindicators of success. The programmes andsupport for children should be implementedas early as possible even before the formalidentification of disability is made. In Bosniaand Herzegovina, for instance, the Associationof Educators/Rehabilitators, Special EducationTeachers and Speech and Language Therapiesin Canton Sarajevo implement the BosniaEarly Intervention for Children with Devel-opmental Disabilities project, which aims toestablish systematic, early intervention inthe education and rehabilitation of childrenwith developmental disabilities.

Effective and meaningful parental in-volvement is critical for the successful inclusionof their children. Parents should be encour-aged to be involved in school governanceat various levels and support their childrenin classrooms, if necessary. Parents need tobe included as respected and equal partners.Improved communication with parents wouldpositively affect the inclusion experience andthe subsequent development of social, aca-demic, and developmental skills of the child.

Teachers should be trained on how toeducate children with disabilities. Inclusiveeducation should be incorporated into allcore teacher training curricula and in-servicetraining to communicate values and developeducators’ skills in inclusive education. Suchtraining should incorporate disability aware-

ness and the use of appropriate augmentativeand alternative modes, means and formatsof communication, educational techniquesand materials to support PWDs.86

It is insufficient just to place studentswith special needs into mainstream schools,without appropriate and child-specific support.If individual education plans are not devel-oped, and teachers are unprepared to supportchildren with disabilities, these children areoften bullied by non-disabled students andare likely to drop out of school, ending upwith low educational attainments and hencewith limited opportunities on the labourmarket. Reforms advancing the rights of stu-dents with disabilities should be compre-hensive and logically sequenced.87

UNICEF Country Offices in ECIS countriesare implementing numerous projects pro-moting the human rights of children withdisabilities. In Georgia, for instance, UNICEFprovides services for families caring for childrenwith disabilities, works towards an inclusiveeducation system that embraces childrenwith special needs, improves early diagnosisand treatment, and transforms attitudes andbehaviours that contribute to the stigmati-zation of children with disabilities.88 In Mace-donia, UNICEF has supported the openingof five day care centres that help to reducethe risk of institutionalization of children withdisabilities. UNICEF- trained policy makers,university professors, teachers and socialservice staff are involved in developing carethat is based in the community, and schoolsthat include all children, disabled or other-wise.89

DPOs are also active in promoting inclusiveeducation. In Russia, for instance, the DPOPerspektiva is implementing a project “Buildingan inclusive education movement in Russia”,


49

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, anddistance learning aspects of higher education that promote the rights of PWDs can be obtained from OECD, Disabilityin Higher Education, 2003.

88 UNICEF Georgia.89 UNICEF the former Yugoslav Republic of Macedonia, http://www.unicef.org/infobycountry/TFYRMacedonia_28532.html

which aims to facilitate the inclusion of chil-dren with disabilities into the communitythrough their inclusion and education atmainstream schools.90

7.2. Health

PWDs face many barriers in exercisingtheir rights to access high-quality health carein the ECIS countries. Often medical institutionsare inaccessible for them, especially for thosewith mobility impairments. PWDs often findthat even if a medical facility is physically ac-cessible, the examination equipment is not,and office staff are not trained to providehealth care services to them. Another majorbarrier is a lack of transportation accessiblefor PWDs, which either makes them missappointments or means that they cannotgo to see doctors at all. Some women withdisabilities face physical barriers in accessinggynaecologists, dentists may be unpreparedand untrained to treat PWDs, and all doctorsmay not have the skills necessary to com-municate with individuals who are deaf orhard of hearing.

Lack of adequate and timely health carecan exacerbate disease outcomes, and canturn impairments into chronic disabilities.Without resources for medical or social serv-ices, a remedial impairment can become apermanent disability. Timely and equitableprovision of such basic devices as glasses,hearing aids and crutches is a critical com-ponent of the human rights-based healthcare provision model.

Early identification of disability is criticallyimportant in designing timely and compre-hensive programmes and support. In Mace-donia a project implemented by Deutsche

Gesellschaft für Internationale Zusammenar-beit helped to establish the country’s firstearly diagnosis and support centre in Skopje.Its catchment area covers more than onequarter of the Macedonian population. Infantswith an increased risk of developing a disabilityare examined in the centre and receive sup-port there.91

As some core policy elements guaran-teeing access of PWDs to health care servicesmay be in place, they should be operational-ized from the perspective of CRPD. There isan urgent need to create a capacity for dis-ability literacy among ministries of healthmanagement and staff and health careproviders, including doctors and nurses. Thesestakeholder groups should be educatedabout the disability-specific health serviceneeds of PWDs, their rights and the conse-quences of not getting services to whichthey are entitled. More specifically, health-care providers should acquire practical skillson how listen to, understand and respondto the variable needs of individuals with dis-abilities. It is also important to provide con-text-specific skills, related to the health-caredelivery to specific disability groups, such asmental health patients. In addition, medicalprofessionals should develop the skills ofdistinguishing between disability-related andnon-disability-related health problems.

The availability, access and quality ofmedical rehabilitation, including assistive de-vices (e.g., prosthetics, orthotics, wheelchairsand walking aids) enabling people to attainthe highest possible level of functional abilityand live an independent, quality life is oftenvery low. In cases when medications, assistivedevices and services are necessary, the gov-ernments should ensure that they are availableto all eligible PWDs who are poor and cannot


50

90 The project is financed by the European Union under the EU-Russia cooperation programme and is implemented bythe 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

cover the cost for them personally. Giventhat PWDs usually have a low income, it isunrealistic for them to cover these expenses.

In the ECIS countries, thousands of PWDsare still kept in large, segregated and oftenremote institutions and denied rights andrespect for their human dignity. In a numberof cases they live in substandard conditions,suffering neglect and human rights abuses.The convention requires the states to recognizethat all PWDs should have the right and theopportunity to choose their place of residence,and with whom they live, on an equal basiswith others, and that they are not obliged tolive in a particular living arrangement. Withinthe context of this requirement, many countriesof the region are implementing a de-institu-tionalization process, meaning that fewerpeople reside as patients in institutions andfewer treatments are delivered in public hos-pitals. Instead, patients are referred to com-munity-based health services.

Ideally, de-institutionalization is aboutprovision of all the necessary support andservices in community-based settings. Itallows individuals to regain freedom andempower themselves through responsiblechoices and actions. With the assistance ofsocial workers and through rehabilitation,former inpatients can adjust to everyday lifeoutside of institutional rules and expectations.Other potential positive outcomes of de-in-stitutionalization include increases in day-to-day choices, engagement in differentkinds of activities and improved satisfactionwith the services they receive from localproviders. Many former inpatients, however,may experience difficulties in establishingand maintaining progress following deinsti-tutionalization and continue to face numerousbarriers to the exercise of their human rights.

This happens if deinstitutionalization is notcomplemented with adequate community-based care. The success of de-institutional-ization initiatives in many countries, such asthe United Kingdom, can at best be seen asuncertain.92 In the case of individuals withintellectual disabilities in the ECIS, for example,social community-based services and financialsupport can be insufficient to cover the sup-plementary costs incurred.93

To make sure that the process of deinsti-tutionalization promotes the human rightsof PWDs, it necessary to clarify the account-ability of national and local administrationswith regard to services and support providedto former inpatients. Standards should bedeveloped and enforced and quality controlsintroduced. New accountability systemsshould focus on enhancing the rights ofPWDs, rather than solely on administrativeprocesses. It may be advisable for the nationalgovernment to be prescriptive in developingstandards covering the availability, duration,intensity, range and quality of services thatare needed to support deinstitutionalizationand the development of alternative socialcare placements. A special set of measuresshould be implemented to prevent the in-stitutionalization of children with disabilitiesso that they can live and be raised in familyenvironments, through building up commu-nity-based services and support, includingthrough increased social assistance and wel-fare benefits to the children’s families. It isnecessary also to develop networks of fosterfamilies that take care of children who live ininstitutions with appropriate compensationfor their activities, according to the specificneeds of a child.94 Social workers should betrained and effectively supervised to conductthe investigation and assessment of de-in-


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92 Alexandra Hamlin and Peter Oakes, “Reflections on Deinstitutionalization in the United Kingdom”, Journal of Policy andPractice 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 Policyand 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 ofMacedonia”, Journal of Special Education and Rehabilitation, pp. 3-4: 49-58, 2007.

stitutionalized individuals’ referrals and su-pervise their placement.

7.3. Employment

For many PWDs, work is key to economicindependence, health and well-being andfull participation in the community. Employ-ment is not only economically important forPWDs, as it helps to increase their incomesand reduce barriers to full enjoyment of theirhuman rights, it also a means self-worth andsocial acceptance and respect.

Many ECIS countries have new labourlaws that explicitly prohibit discriminationon the grounds of disability, and this refersto direct and indirect discrimination in relationto job hunting and getting employment,work conditions, training and professionalrehabilitation, advancement in the workplaceand termination of the employment contract.Often the implementation of these laws lagsbehind. While most PWDs want to have ajob, they typically face extraordinary obstaclesin finding employment, and only a smallpercentage of them are employed, beingpaid salaries much lower than their non-dis-abled peers. This is evident in their significantlyhigher levels of unemployment and under-employment than in the general population.

Employment involves matching potentialemployees with job opportunities. If a PWDwho is looking for a job cannot find one, thereasons may lie with the employee, with theemployer, with job opportunities, or with themechanisms that match the two sides together.

In many ECIS countries, medical-labourcommissions inherited from the socialisttimes continue to examine individuals todetermine the degree of their ability to work.Commissions determine whether a personis either fully incapable of work or capable

in a limited capacity, such as in a shelteredworkplace or state-subsidized position, aswell as determine eligibility for benefits. Thecommissions further contribute to stigmati-zation of disability and do not promote PWDs’rights to employment by developing indi-vidualized programmes of support. Someindividuals classified as “permanently disabled”could, in fact live normal, productive lives.95

Negative employer attitudes are oftenidentified as a major barrier to successfuljob placement of PWDs. Some employersbelieve that PWDs are unable to work, onthe assumption that the individual with adisability is “incompetent”. To address thesebarriers, it is necessary to ensure that the ex-isting anti-discrimination laws and specificlabour codes are enforced and that employersknow their obligations and penalties forfailing to comply with the disability legislation.It is necessary to introduce, through policyand legislation, a requirement for employersto provide reasonable accommodation tomeet the needs of PWDs. Denial of reasonableaccommodation amounts to discriminationunder Article 2 of the CRPD.

Accommodation could include physicalmodifications to work premises, such as theconstruction of ramps, the provision of devicessuch as visual and hearing aids, as well asjob restructuring to suit the abilities of theworker with disabilities. Such accommodationshould only be obligatory when it is necessaryfor the PWD to work properly, and also eco-nomically feasible for the organization. TheEstonian Equal Treatment Act, for example,requires employers to “take appropriate meas-ures, where needed in a particular case, toenable a person with a disability to haveaccess to, participate in, or advance in em-ployment, or to undergo training, unlesssuch measures would impose a dispropor-tionate burden on the employer”.96 Employers


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95 Aleksandr A. Andreev, To Work or Not to Work? Labor Supply Decisions of Russia’s Disabled, Honors Thesis submitted in partialfulfilment 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.

should not be required to hire any personwith a disability, but should be asked to hirepeople who are qualified and accommodatethe limitations caused by disability on an in-dividual, case-by-case basis.

Often PWDs do not know their rightsand do not have the necessary skills andknowledge to find jobs. There is a wide rangeof potential interventions supporting theemployment of PWDs, such as job coachingand mentoring, pre-employment trainingand upgrading, post-secondary education,assistive aids and devices, wage subsidies toemployed PWDs, and workplace support.

Employment on the open market is theoption that best addresses the human rightsof PWDs. Many ECIS countries have quotasystems to promote the employment ofPWDs. Typically, employers with a minimumnumber of employees – both in the privateand public sector – have to fill the quotas.The main variant of the straight quota systemis the so-called “quota-levy” system, wherebyemployers can pay a contribution to an ear-marked fund in lieu of employing PWDs upto their quota obligation. The funds are usedfor such purposes as payments to employersfor accommodating PWDs in the workplace,direct payments to workers with disabilities,and payments to disability service providers.Often employers prefer paying a salary toPWDs, without the person actually working,as this costs the company less than payingthe fine for not employing PWDs, and alsosecures tax breaks. Although the quota systemis not a perfect policy instrument, with sig-nificant challenges associated with its en-forcement, it should be maintained in thefuture until new, more effective instrumentsencouraging employers to hire PWDs are in-

troduced. The quota systems can be revisedto make them more effective by specifyingtheir beneficiaries, quota rates, enforcementmechanisms and sanctions for failure to com-ply. The schemes supporting employmentof PWDs at home can also be supported,where new types of work may offer new op-portunities for PWDs, such as web-basedeconomic activities and telecommuting.

Social enterprises apply market-basedstrategies to achieve a social purpose andthey can play an important role in promotingthe employment rights of PWDs. Social en-terprises may not only use profit to supportPWDs, but also employ them. In Romania,the NGO Motivation Romania is implementinga project integrating PWDs into the labourmarket by developing a social enterprisepilot of seven sheltered units in which 60PWDs will be employed and specialists in-volved in the socio-professional integrationof these people trained. The project is financedby the European Social Fund.97 Social enter-prises employing PWDs are also supportedby UNDP Uzbekistan.

PWDs need individualized support thatmeets their strengths and needs as well aslocal economic conditions. An individual planof employment support should be developedfor them that takes into account such individualcharacteristics as age, skills, special needsand the employability of PWDs, and local jobmarket conditions.98 As international experi-ence demonstrates, individualized approachesare effective in addressing barriers to labourmarket inclusion that each PWD faces. Theplans could contain various rehabilitationand work elements, as well as benefits incash and kind.99 The plan can include specificcommitments for the PWD that he or she


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97 Motivation Romania, http://www.motivation.ro/en/programs-projects/employment-of-people-with-disabilities98 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.

can sign and include a requirement for periodicfollow-up meetings with caseworkers. Indi-vidualized approaches can also include aseries of activities to help build the self-esteem, confidence and resilience of PWDs.

The individualized approach will place awide range of new demands on those work-ing for the rights of PWDs. Caseworkers willneed extensive knowledge of the range ofavailable programmes, benefits and services.More time will be required to assist individualsand follow each case. The capacity of case-workers (e.g., social workers, job center staff )in supporting PWDs should be strengthenedthrough targeted training courses on disabilityand how to support the employment/self-employment of PWDs. Training can involvethe participation of local PWDs who willshare their own experiences and perspectives.

In Ukraine, for example, UNDP and ILOsupported the State Employment Centre ofUkraine to develop and implement a unifiedmethodology for the provision of job place-ment promotion services for PWDs. Themodel improved inter-sectoral and inter-agency cooperation arrangements; informa-tion exchange through the Centralized Data-bank on Disability Problems; maintenanceof cases of PWDs by specially trained jobplacement professionals; consultations withemployers concerning adaptation and/orcreation of a special workplace; social con-tracts; individual job placement programmes;post-employment monitoring profiles andother components. In addition, a Guide forEmployers on the Job Placement and Employ-ment of People with Disabilitieswas developedand widely disseminated.

Additional measures promoting the rightto employment of PWDs that can be con-sidered by all partners include:

• an obligation for the State to employPWDs;

• the obligation to employ PWDs, imposedon companies which want to work ongovernment contracts;

• supported (assisted) employment wherepersonal support (job coach) is providedin open employment. Support is graduallyreduced as the person with disabilitiesdevelops the ability to work independ-ently;

• reservation of a specific number of posi-tions in public service for PWDs;100

• more tax incentives to employers, suchas tax exemptions on imported prod-ucts, devices or equipment used byPWDs at work, tax exemptions on train-ing materials, equipment needed byvocational rehabilitation centres, cor-porate income tax exemptions, etc. Cor-porate income tax can be reduced pro-portionately to the number of PWDshired;

• extension of support provided to com-panies run and owned by PWDs withthe condition that they will employ andprovide training and apprenticeship op-portunities for PWDs;

• revision of social cash benefits for PWDsto create incentives for them to attemptto find and hold down a job;

• increasing vocational rehabilitation andtraining opportunities through passinglegislation on the right to vocationalrehabilitation; the setting up of a reha-bilitation programme with clear eligi-bility requirements; a range of vocationalrehabilitation services, and manage-ment, monitoring and reporting mech-anisms.101


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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 EmploymentOptions for Persons with Disabilities in Europe and Eurasia, 2009.

7.4. Social protection

Although many governments in the ECIShave made formal commitments to makesocial services accessible, rights- and needs-based in accordance with modern and in-ternationally acceptable standards, their suc-cess in implementing these plans is still mod-est. To meet these obligations, the range ofprogrammes, services and benefits providedby the national and local governments toPWDs should be expanded and re-designedfrom the human rights and equity perspec-tives.

Disability-focused support and servicesmay include social housing, personal assis-tance, technical aids and devices, specialequipment, life skills assistance, modificationof homes and accessible transportation. Thedisability-focused support and services arethe means that facilitate PWDs’ participationin the activities involved in living day-to-day and in achieving their personal andeconomic potential. These goods, servicesand support are essential for PWDs to activelyparticipate at home, school and work, andin the community. As these supports andservices can be funded and delivered byvarious agencies and ministries, their rolesand responsibilities should be clearly outlined,the existing policy coordination mechanismsbe strengthened and roles of key playersclearly outlined.

Having enough money to meet theirneeds and to be active in their communityis essential to the full inclusion of PWDs.How much income is available to an indi-vidual with a disability depends on a numberof factors, such as the person’s ability toearn income through employment, the ad-equacy of income support, and the costand availability of disability support. Socialsupport provided to PWDs should focuson the interrelatedness of these factors,

and of others such as skills developmentand learning.

Social security systems in the ECIS coun-tries are not sufficiently targeted, with nu-merous discrepancies between individualhealth and status within the system of statedisability benefits. In Russia, for instance, theaccuracy of targeting varies with age groups:the most accurate targeting is provided foryounger groups, but the difference betweenhealthy and disabled gradually disappearswith age, and after the statutory retirementage, old-age and disability pensions can beconsidered as a voluntary trade-off.102 Po-tentially, the targeting can be improved bysimplifying the existing application proceduresand improving the accessibility and availabilityof the information on benefits to less educatedindividuals.

Social workers, who are critically importantto promoting the human rights of PWDs,suffer a range of labour market disadvantagesin the ECIS, as their salary levels are relativelylow. Poor pay and conditions reduce incentivesfor workers to enhance their skills, and therebyimprove quality of support and services de-livered. Poor conditions also exacerbateturnover, as workers with higher qualificationsand/or better opportunities move out of thesocial care sector. To protect the interests ofPWDs and other vulnerable groups supportedby social workers, it is important to maintheir salaries at adequate levels. The nationaland local governments need to ensure alsothat social workers have access to workplacetraining and educational opportunities toenhance and sustain their capacity to deliverquality services.

Personal assistance services play a crucialrole in ensuring the rights of PWDs to inde-pendent living and mobility. A personal as-sistant is selected and employed by the userto provide services that meet the individual’sneeds. The personal assistant can work in


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102 Irina Merkuryeva, The System of Disability Benefits in Russia: Estimation of Targeting Accuracy, Economics Education andResearch Consortium Working Paper, Series ISSN 1561-2422, No. 07/04, 2007.

the person’s home to assist them with taskssuch as getting dressed, cooking and withsuch daily activities as shopping, participatingin social clubs and getting to work. In Bulgaria,for example, the jobs of personal assistant,social assistant and housekeeping workerwere introduced in 2007 with the NationalAssistants to Disabled People Programmefunded by the State budget. Personal assistantsare unemployed family members who takecare of their relative with disabilities for aminimum monthly salary and social securitycontributions. Social assistants are hired byservice providers to perform a range of ac-tivities, included in the individual plan ofevery client.103 UNDP Montenegro, for ex-ample, is supporting the development of apersonal assistance service that is intendedfor PWDs and includes the provision of as-sistance to them to perform day-to-day ac-tivities that cannot be done without thehelp of another person.

Members of the households of PWDsmay find themselves in a particularly difficultsituation. The burden of caring for a familymember with disabilities can be very heavyand carers can be physically and psycho-logically exhausted and overstressed. Oftenthey have to lift and carry their family mem-bers with disabilities because they lackequipment (wheelchairs, ramps, elevators,etc.). The UNICEF study in Kyrgyzstan foundthat of unemployed parents, 72.5 percentsaid that they were not working becausethey had to look after their child with dis-abilities. In some cases, parents stated thatthe benefits they received from the statewere not enough even to buy medicationfor the child. The government provides freemedicine as humanitarian aid only when itis available.104 Given the importance ofcarers, their needs have to be addressed

through opportunities for respite, social in-teractions with other carers and supple-mentary social transfers.

UN Women Tajikistan supports womenwho take care of their family member withdisabilities by helping them to register forand access disability benefits that are criticallyimportant for vulnerable rural householdsto achieve or maintain a minimum standardof living. The programme focused on im-proving the demand side of social protectionservices by monitoring and visiting vulnerablehouseholds to inform them of their rights,and the supply side of social protection byworking with government to improve servicedesign and delivery and planning processesthrough the creation of district task forces(information and consultation centers at thedistrict level) and better data collection onindividuals with disabilities and other vul-nerable groups.105

UNDP’s project in Albania and its partners,who support mine victims, adopted a com-prehensive approach addressing the humanrights of multiple beneficiaries. Data onvictims is routinely collected and sharedamong key partners to streamline and opti-mize support provided. Nurses residing inmine-affected villages received training cours-es in emergency first aid and community-based rehabilitation. A prosthesis workshopwas established and is producing new pros-theses for the amputees in need. Socio-eco-nomic integration was supported throughassistance in accessing vocational trainingcourses and technical/financial support toopen small businesses.

DPOs can also deliver programmes andservices for PWDs funded by the government.They are flexible in their operations and canquickly respond to local needs. In addition,DPOs can acquire donations from donors,


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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

businesses and private persons and rely onvolunteers in delivering their programmesand services. In the area of employment, forexample, DPOs may deliver services to assistindividuals with disabilities prepare for, attainor maintain employment. Services may includeinformation and referral to appropriate servicesand programmes, assessment, employmentand career counseling, skills training, andthe provision of technical aids, and othersupport. Serbia, for instance, adopted theLaw on Social Protection in 2011, which es-tablishes formal guidelines and standardsfor licensing non-governmental groups, in-

cluding DPOs, to provide social welfare serv-ices. UNDP Serbia is currently supportingthe development of by-laws for operational-izing this law.

UNDP Uzbekistan’s project demonstratedthe potential of NGOs to provide employmentservices. Employment services included vo-cational training, professional orientation, as-sistance on finding a job, coaching, consul-tancy on tax and pension benefits, and soon. Four NGOs provided voluntary employ-ment services without any external financialsupport and 208 PWDs found jobs with theirassistance during 18 months.


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Many ECIS governments have ex-pressed their formal commitment to ad-vancing the human rights of PWDs, rati-fied the CRPD and are implementing it,but their progress is inconsistent acrossthe region. This guide reflects the currentresearch and international experiencesin ratifying the CRPD and its implemen-tation.

The guide is purposely generic in orderto facilitate its application in a variety oflocal circumstances. It is an expectationthat it will encourage partners to engageinto extensive dialogue on specific stepsthat should be undertaken to ratify and/orimplement the CRPD. The wide use of theguide will contribute to ratification of theCRPD and its effective implementation.

CONCLUSIONS

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8

59

ANNEXES9

9.1 Annex 1. Estimated prevalence of disability in ECIS countries

Source: USAID, The Prevalence of Disability in Europe and Eurasia, 2009

Country Current Population (millions)

GDP 2008 (US$) (billions)

Population inYear of Most Re-cent DisabilityData (millions)

Estimated Disabled

Population

Estimated Disability

Prevalence

Albania 3.14 12.293.13

(2007)94,804 3.0%

Armenia 3.08 11.923.07

(2006)148,656 4.9%

Azerbaijan 8.68 46.268.58

(2007)281,000 3.3%

Belarus 9.68 60.309.70

(2007)512,500 5.3%

Bosnia & Herzegovina 3.77 18.45 n/a n/a n/a

Bulgaria 7.62 49.907.91

(2001)263,143 3.3%

Croatia 4.43 69.334.44

(2001)429,421 9.6%

Georgia 4.36 12.794.36

(2008)137,806 3.2%

Kazakhstan 15.68 132.2315.15(2005)

403,400 2.7%

Kyrgyzstan 5.28 4.42 n/a n/a n/a

Macedonia 2.04 9.522.04

(2006)26,781 1.3%

Moldova 3.63 6.053.76

(2005)164,891 4.4%

Montenegro 0.62 4.520.62

(2008)67,000 10.8%

Romania 21.51 200.07121.55(2007)

539,241 2.5%

Russia 141.80 1,607.82142.10(2007)

13,014,00 9.2%

Serbia 7.35 50.06 n/a n/a n/a

Tajikistan 6.84 5.196.17

(2000)104,272 1.7%

Turkmenistan 5.03 18.27 n/a n/a n/a

Ukraine 46.26 180.3647.45(2004)

2,500,000 5.3%

Uzbekistan 27.31 22.326.49(2006)

n/a n/a

9.2 Annex 2. Bibliography

Academic Network of European Disability ex-perts (ANED), Romania – ANED country profile,

Albania, National Strategy on People with Dis-abilities, 2009.

Andreev, Aleksandr A., To Work or Not to Work?Labor Supply Decisions of Russia’s Disabled,Honors Thesis submitted in partial fulfilmentof the requirements for Graduation with Dis-tinction in Economics at Trinity College Artsand Sciences, Duke University, 2008.

Belarus, Ministry of Labour and Social Pro-tection of the Republic of Belarus, UNDP, Sit-uation of Persons with Disabilities in Belarus,Minsk, 2010.

Bosnia and Herzegovina, Council of Ministersand Directorate for Economic Planning, SocialInclusion Strategy of Bosnia and Herzegovina,2009.

Braithwaite, Jeanine and Daniel Mont, Disabilityand Poverty: A Survey of World Bank PovertyAssessments and Implications, Social Protectionand Labor Discussion Paper No. 0805, 2008.

Bulgaria, Center for Independent Living Bul-garia, Disability Policies in 2009-2010, InclusionPut on Hold, 2010.

Bulgaria, Mental Disability Advocacy Center,Written Submission to the Universal PeriodicReview Working Group, Ninth Session, 1-12 No-vember 2010, with respect to Bulgaria.

Cheema, G. Shabbir, “Linking Governmentsand Citizens through Democratic Governance”,in Public Administration and Democratic Gov-ernance: Governments Serving Citizens, UN,2007, 7th Global Forum on Reinventing Gov-ernment, Building Trust in Government, 26-29 June 2007, Vienna, Austria.

Elinson, Lynn, William D. Frey, Tiandong Li,Martha A. Palan and Richard L. Horne, “Eval-uation of Customized Employment in Buildingthe Capacity of the Workforce DevelopmentSystem”, Journal of Vocational Rehabilitation28, pp. 141–158, 2008.

European Agency for Fundamental Rights,The right to political participation of personswith mental health problems and persons withintellectual disabilities, 2010.

European Union Agency for FundamentalRights, Access to Justice in Europe: An Overviewof Challenges and Opportunities, 2011.

European Union Agency for FundamentalRights, The legal protection of persons withmental health problems under non-discrimi-nation law, 2011.

Eurasia Foundation and the Caucasus ResearchResource Centers, Equal Before the Law? AStudy of How Citizens Experience Access toJustice in Kazakhstan, Kyrgyzstan and Tajikistan,2011.

Hamlin, Alexandra and Peter Oakes, “Reflec-tions on Deinstitutionalization in the UnitedKingdom”, Journal of Policy and Practice in In-tellectual Disabilities, Volume 5, No. 1, pp. 47-55, March 2008.

Handicap International, Free Movement ofPeople with Disabilities in South East Europe:An Inaccessible Right?, 2006.

Holland, Daniel, “The current status of disabilityactivism and non-governmental organizationsin post-communist Europe: preliminary find-ings based on reports from the field”, Disability& Society, Vol. 23, No. 6, pp. 543-555, October2008.

ILO, The Employment Situation of People withDisabilities: Towards Improved Statistical Infor-mation, 2007.

Isaac, Rebecca, B. William Dharma Raja andM.P. Ravanan, “Integrating People with Dis-abilities: Their Right – Our Responsibility”,Disability & Society Vol. 25, No. 5, pp. 627–630, August 2010.

Junjan, Veronica, Mugur Ciumăgeanu, IoanaMicluţia and Ioana Crăciun, “Labor Integrationof Persons with Disabilities in Public Institu-tions in Romania”, Transylvanian Review ofAdministrative Sciences, No. 33 E/2011, pp.109-123.


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Kosovo, Coalition of Organizations of Peoplewith Disability of Kosovo, National Report forPeople with Disabilities in Kosovo, Pristina, 2007.

Krahe, Barbara and Colette Altwasser, “Chang-ing Negative Attitudes Towards Persons withPhysical Disabilities: An Experimental Inter-vention”, Journal of Community & AppliedSocial Psychology, 16: 59-69,2006.

Lazova-Zdravkovska, Slobodanka, “Process ofDeinstitutionalization of People with Disabilityin the Republic of Macedonia”, Journal of SpecialEducation and Rehabilitation 3-4: pp. 49-58, 2007.

Merkuryeva, Irina, The System of DisabilityBenefits in Russia: Estimation of Targeting Ac-curacy, Economics Education and ResearchConsortium Working Paper, Series ISSN 1561-2422, No. 07/04, 2007.

Moldova, The Law on Social Protection of theDisabled, 2000.

Mont, Daniel, World Bank, Measuring DisabilityPrevalence, 2007.

Montenegro, Government of Montenegro,Report on Implementation of the Action Planfor Implementation of the Strategy for Integrationof Persons with Disabilities in Montenegro, 2010.

OECD, Priorities for Action, Education and Equity,Policy Brief 2004.

OECD, Education Policy Analysis, 2003.

OECD, Disability in Higher Education, 2003.

Oorschot, Wim van and Maarten Balvers, Eu-ropean Comparative Data on the Situation ofDisabled People: an Annotated Review. Reportprepared for the Academic Network of Eu-ropean Disability Experts (ANED), 2009.

Österblom, Karolina, Persons with disabilitiesin Romania, Context Analysis, 2008.

Peters, Susan J., Inclusive Education: AchievingEducation for all by Including Those with Dis-abilities and Special Education Needs, preparedfor the Disability Group, World Bank, 2003.

Rak, Eniko C. “Rehabilitation Policy and Practicein Romania: Implications for Training,” in Re-

habilitation Education, Volume 21, No. 4, pp.277-284 , 2007.

Romania, Law on the Protection and Fosteringof the Disabled People’s Rights, 2006.

Seitenova, Ai-Gul S. and Charles M. Becker,Disability in Kazakhstan: An Evaluation of OfficialData, Social Protection and Labor, World BankDiscussion Paper No. 0802, February 2008.

Swedish Helsinki Committee for HumanRights, Study and Assessment of Legislationon Disabilities in Albania, 2006.

Tajikistan, Bureau of Human Rights and Ruleof Law, Implementation of Rights of Peoplewith Disabilities in Sogd Oblast: Report on Mon-itoring Outcomes, 2011.

Turkey, Submission to the United Nations Com-mittee on Economic, Social and Cultural Rights,Pre-Session, 25-28 May 2010.

Turkey, Prime Ministry Administration for Dis-abled People, Research on Measurement ofDisability Discrimination, 2010.

UNDP, Human Development Report 2000: Hu-man Rights and Human Development, 2000.

UNDP BRC, Regional Human Development Re-port Beyond Transition: Towards Inclusive So-cieties, 2011.

UNDP BRC, Questions and Answers: Basic Rat-ification Guidelines for the Convention on theRights of Persons with Disabilities.

UNDP BRC, UNDP’s Survey on access to Justicein Europe and CIS, 2009.

UNDP BRC, At Risk: Roma and the Displacedin Southeast Europe: A Regional Human De-velopment Report, 2006.

UNDP BRC, The Roma in Central and EasternEurope: Avoiding the Dependency Trap: A Re-gional Human Development Report, 2006.

UNDP Kazakhstan, National Human Develop-ment Report 2009, From Exclusion to Equality:Realizing the Rights of Persons with Disabilitiesin Kazakhstan, 2009.


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UNDP Poland, How to make an accessiblewebpage. Guidelines for designers and contenteditors, 2011.

UN Enable, Handbook for Parliamentarianson the Convention on the Rights of Personswith Disabilities.

United Nations Moldova, Memorandum toOffice of the High Commissioner for HumanRights, 2010.

UNESCO, International Bureau of Education,Albania, Regional Preparatory Workshop on In-clusive Education in Eastern and South EasternEurope, 2007.

UNICEF, Innocenti Insight, Children and Dis-ability in Transition in CEE/CIS and the BalticStates, 2005.

UNICEF, Innocenti Digest No.13, Promotingthe Rights of Children with Disabilities, 2007.

UNICEF, Assessment of the Situation of Childrenwith Disabilities in Kyrgyzstan, 2008.

USA Department of Justice, Americans WithDisabilities Act of 1990.

USAID, Prevalence of Disability in Europe andEurasia, 2009.

USAID, Transitions Towards an Inclusive Future:Vocational Skills Development and EmploymentOptions for Persons with Disabilities in Europeand Eurasia, 2009.

Wapiennik, Ewa, “Comparative Policy BriefStatus of Intellectual Disabilities in the Republicof Poland”, Journal of Policy and Practice in In-tellectual Disabilities, Volume 5, No. 2, pp.137–141, June 2008.

WHO and World Bank, World Report on Dis-ability, 2011.

WHO and Ministry of Health of the Republicof Azerbaijan, Mental Health System in the Re-public of Azerbaijan, Baku 2007.

WHO, International Statistical Classification ofDiseases and Related Health Problems, 10thEdition, 2009.

World Bank, Qualitative Survey on Disabilityand Living Standards in Georgia, 2007.


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Promoting The Human Rights of Persons with

Disabilities in Europe and the Commonwealth

of Independent States: Guide


U N D P R E G I O N A L C E N T R E F O R E U R O P E A N D T H E C I S

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Slovak Republic

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