The Institution of Human Rights Ombudsmen of Bosnia and Herzegovina

The Role of National Human Rights Structure in Protecting and Promoting Rights of Persons with Physichal Dissabilities

Amira Krehić, Assistant OmbudsmanHead of Department of Persons with Disabilities

thMay 24-25th, 2011, Kyew, Ukraine

The current situation on people with disabilities:

Since 1991 the census has not been conducted

– the census would refer to the structure of inhabitants using different parameters, including the persons with disabilities

According to UNFPA and World Health Organization, persons with disabilities account up to 10% of Bosnia and Herzegovina population

Causes of disability in Bosnia and Herzegovina are various:

congential deffects, as a result of traffic accidents, injuries and difficult working conditions, the consequences of chronic diseases, various types of accidents, and as a result of the war and explosive actions,

International standards applied in Bosnia and Herzegovina

2003: Standard Rules for Equalization of Opportunities for Persons with Disabilities

adopting and undertaking measures and activities aimed at developing awareness in society about persons with disabilities, their needs, and resources or their participation in social life.

Parlamentary Assembly of BiH – in December 2009 ratified the UN Convention on the Persons with Dissabilities

Policy in the Area of Disability in Bosnia and Herzegovina, May 2008:

- Goal of the Policy: to make all areas of life open and accessible to persons with disabilities.

- the Council of Ministers BiH committed to a new approach in the area of persons with disabilities based on human rights and social model which is comprehensive view to disability at the community level using cross-sectoral approach and includes relevant actors’ participation.

- Federation BiH has prepared thr Draft of Strategy and Action Plan for Equalization of Opportunities for Persons with Disabilities.

The Institution of Human Rights Ombudsmen Bosnia and Herzegovina

Department for Protection of Persons with Disabilities within the Institution

aiming to ensure promotion and more efficent protection of this group’s rights

Due to large number of complaints, the Ombudspersons decided to issue Special report on the rights of persons with disabilitiess in BiH, which includes recommendations to the relevant authorities to enable disabled persons, as follows: equal access to the rights and to closely follow-up the strict observation of the rights of

persons with disabilities according to domestic legislation.

Persons with disabilities in BiH are still in very difficult position, regardless that the authorities at all levels have carried out numerous activities thus far with the aim of improving quality of life for this population group

because ...

There is no organized and systemic approach to the complex status issues of persons with disabilities;

There is uneven practice in BiH in the treatment of persons with disabilities because of divided jurisdiction between the entities and the cantons in BiH.

There is no law and/or by laws which would regulate the rules and prevent any form of arbitrary making of the decisions that are of existential importance for vulnerable citizens;

Inconsistent implementation of the regulations governing the protection of the rights of persons with disabilities;

Lack of coordination and quality cooperation between the entities, District, cantons, municipalities, towns on the recognition of the rights to persons with disabilities on the implementation.

REMOVING BARRIERS:

Inability to access because of evident barriers (no access constructed) to public facilities, whose purpose should be fulfillment of various needs for persons with disabilities;

Millions of architectural barriers are all Bosnian realities today.

The term “barrier” stands for any difficulty in the space, and/or any physical limitation that should be overcome by special efforts or technical interventions.

Currently most people with disabilities are deprived of their basic rights,

Persons with disabilities face to barriers in social participation, This marginalization occurs not only due to policies conceived in

a protectionist framework but also because society itself ignores the rights of people with disabilities.

The challenges are numerous and many times insurmountable.

Art 9 UN Convention:

Article 9 – Accessibility1) To enable persons with disabilities to live

independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas.

Universal Design stands for broad-spectrum ideas for produce-buildings, products and environments that are inherently accessible to both: people without disabilities and people with disabilities

The Ombudsmen note that state authorities must

take necessary steps in order to ...

ensure the accessibility of public services.

They must meet the prescribed technical solutions.

Planning, designing and building in a way that they can serve people in the use of cane, crutches, wheelchairs children's strollers, car and other disability aids (stick and sound signals for sighted people, the light signals for hearing people, etc)

No smooth, ground level, nor entrance without stairs, In scools there are mainly stairs, only few universities

have the alternative for persons with physical disabilities,

A lot of children with phsycal disabilities or combined disorders are carried by their parents up to the stairs

It even happens that the classrooms of children with physical disabilities are set up on the 2nd/3rd floor;

No public transportation and bus/tram/stops

Lack of sensibility The principles of the Universal Design

are not at all in use/or are in use partially

Law on the Constructions does not content provisions based on the Universal Design principles

Federation Bosnia and Herzegovina, 2004:

Decree on spatial standards, urban - technical requirements and standards for prevention of all barriers for persons with physical abilities

Public pedestrian areas, roads, public transport, access to public buildings and public spaces, the object of collective housing, horizontal and vertical communication to the public and common areas in public buildings, horizontal and vertical communication in collective housing, and a special device for handicapped persons, must be planned, designed and built in a way that they can serve people in the use of cane, crutches, wheelchairs children's strollers, car and other disability aids (stick and sound signals for sighted people, the light signals for hearing people, etc. ), old and sick persons.

For these provisions implementation the budget authority are in charge - depending on the level of importance of space: FBiH, cantons, cities and municipalities. 

For other areas and facilities, their owners are obliged to provide funds.

In addition to this, there is no political will on any of the governmental level to enforce accessibility standards in construction coupled with an over-arching medical and charity approach to disability.

Case: Ž-SA-07-84/11 Institution received a complain in the beginnings of

2011 by the detainee kept in the Court of Bosnia and Herzegovina Custody – suspected for the war crimes.

100% of disability: paraplegic, damaged lung, no left kidney, in wheelchairs;

Unconditional toilet; No possibility to go for a walk in his wheelchairs; ...

Delegation of the Institution made a visit and concluded:

in the cell is not adequate for this detainees needs (size and space for approach and use of the toilet is not sufficient, require other persons physical effort for his simple showering)

regaridng this detainees health condition: lack of medical wards, unappropriate premises for personal hygiene, lack of human resources, difficulties when providing adequate treatment

Obvious human rights violations

Special report on the Situation of Human Rights in the Institutions for Accomodation of Mentally Disabled Persons

http://www.ombudsmen.gov.ba/docs/SpecialReportontheSituationofHumanRightsintheInstitutionsforAccommdationofMentallyDisabledPersons.pdf

Not even the entrance to the Department of Persons with Disabilities and/or any other Institution’s office is properly set up for the persons with physical disabilities.

Non – accessibility to their rights protection

Some measures are to be done at this moment

Although  some improvements have been made (as the precondition for social networking, and persons with disabilities inclusion in social life) have been done, still there are many obstacles in respecting and promoting human rights of persons with physical disabilities.

THANK YOU!info@ombudsmen.gov.baakrehic@ombudsmen.gov.ba