Committee on the Rights of Persons with Disabilities Opens Twenty-Eighth Session

The Committee on the Rights of Persons with Disabilities today opened its twenty-eighth session, during which it would review the reports of Angola, Argentina, Georgia, Peru, Togo and Tunisia.

In her opening statement, Wan-Hea Lee, Chief, Civil, Political, Economic, Social and Cultural Rights Section, Human Rights Council and Treaty Mechanisms Division, Representative of the Secretary-General said the 186 ratifications to the Convention on the Rights of Persons with Disabilities showed the commitment of the international community to an inclusive and accessible world. Since the last session, Timor-Leste had ratified the Convention. In addition, Armenia, the Republic of Korea, the Republic of Moldova, and Timor-Leste had ratified the Optional Protocol to the Convention, bringing the States parties to that instrument to 104.

During the session, in addition to holding dialogues with six States parties on periodic reports, the Committee would also review three individual communications under the Optional Protocol and follow-up on earlier Views, as well as hold a Day of General Discussion on 7 and 8 March 2023 with a regional focus on persons with disabilities in situations of risk and humanitarian emergencies.

Four new members were elected to the Committee for its twenty-eighth session: Muhannad Salah Al-azzeh (Jordan), Rehab Mohammed Boresli (Kuwait), Laverne Jacobs (Canada), Alfred Kouadio Kouassi (Côte D'Ivoire). Five members of the Committee were re-elected: Amalia Gamio Rios (Mexico), Rosemary Kayess (Australia), Miyeon Kim (Republic of Korea), Gertrude Fefoame (Ghana) and Markus Schefer (Switzerland).

As a result of the election, the composition of the Committee changed to 11 women and seven men. Ms. Lee said that this was the largest female representation in a treaty body after the Committee on the Elimination of Discrimination against Women.

Speaking at the opening of the session today were representatives of the Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members; Office of the High Commissioner for Human Rights; International Disability Alliance; Global Albinism Alliance; United Cities and Local Governments; European Disability Forum; Disability Rights Fund; Inter-American Coalition on De-Institutionalization; World Health Organization; International Communication Rights Alliance; Citizen Commission of Human Rights; Poder Judicial, republica Argentina; and Cesar Buero.

The Committee’s twenty-eight session will be held until Friday, 24 March 2023. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s twenty-eight session and other documents related to the session can be found here.

The Committee will next meet in public at 10 a.m. on Tuesday, 7 March, to hold a general discussion on persons with disabilities in situations of risk and humanitarian emergencies in Asia and East Europe.

Opening Statement

WAN-HEA LEE, Chief, Civil, Political, Economic, Social and Cultural Rights Section,

Human Rights Council and Treaty Mechanisms Division, Representative of the Secretary-General, opened the session, welcoming the four new members elected to the Committee and the five re-elected members. As a result of the election, the composition of the Committee had changed this year to 11 women and seven men, making it the largest female representation in a treaty body after the Committee on the Elimination of Discrimination against Women.

Ms. Lee said the 186 ratifications to the Convention on the Rights of Persons with Disabilities showed the commitment of the international community to an inclusive and accessible world. Since the last session, Timor-Leste had ratified the Convention. In addition, Armenia, the Republic of Korea, the Republic of Moldova, and Timor-Leste had ratified the Optional Protocol to the Convention, bringing the States parties to that instrument to 104.

Since the Committee’s previous session, a Resolution on inclusive development for and with persons with disabilities and a Resolution on promoting and mainstreaming easy-to-understand communication for accessibility for persons with disabilities, respectively adopted by the General Assembly on 15 and 16 December 2022. In September 2022, the Special Rapporteur on the rights of persons with disabilities had presented a report related to the protection of the rights of persons with disabilities in the context of military operations to the seventy-seventh session of the General Assembly. This January, the Special Rapporteur had published a report on the transformation of services for persons with disabilities, which would be presented during the fifty-second session of the Human Rights Council. This study reimagined services to give effect to the right of persons with disabilities to live independently and be included in the community.

The 15th session of the Regional Conference on Women in Latin America and the Caribbean had taken place in Buenos Aires from 7 to 11 November 2022. The Buenos Aires Commitment, which was adopted at the Conference, indicated the importance of promoting the individual autonomy and independence of persons with disabilities and putting in place policies, services and accessible infrastructure to protect their rights. The Office of the High Commissioner had also published a report on support systems to ensure community inclusion of persons with disabilities after the COVID-19 pandemic. The report provided a conceptual framework for gender-responsive and disability-inclusive support and care systems. A debate on the report would be held on 13 March, during the fifty-second session of the Human Rights Council.

As part of the “UDHR 75” campaign on the seventy-fifth anniversary of the Universal Declaration of Human Rights, the High Commissioner had decided to focus the monthly thematic spotlight on “Human rights in support and care systems” this February, calling on States to take concrete steps towards establishing support and care systems that were human rights-based, gender-responsive, disability-inclusive and age-sensitive. Ms. Lee called on the Committee to build on the momentum of the UDHR 75 campaign and engage with the 186 States parties to the Convention to advance the rights of persons with disabilities.

Turning to upcoming events, Ms. Lee said the 16th session of the Conference of States Parties to the Convention would take place in New York from 13 to 15 June 2023, under the theme “Harmonizing national policies and strategies with the Convention: achievements and challenges”. The High-Level Political Forum on Sustainable Development would also take place in New York from 10 to 19 July 2023, under the theme “Accelerating the recovery from COVID-19 and the full implementation of the 2030 Agenda for Sustainable Development at all levels”.

The Office of the High Commissioner continued to support the strengthening of the treaty bodies and was in the process of finalising an implementation plan following the June 2022 conclusions of the Chairs. A predictable schedule of reviews could only be implemented if there were human and financial resources, including modern digital tools that should be accessible to persons with disabilities. The chronic under-funding of the treaty body system had contributed to significant backlogs in the consideration of State party reports, individual communications and confidential inquiries. The High Commissioner Volker Türk was committed to supporting greater funding for the treaty body system during his tenure.

During the session, in addition to holding dialogues with six States parties on periodic reports, the Committee would also review three individual communications under the Optional Protocol and follow-up on earlier Views, as well as hold a Day of General Discussion on 7 and 8 March 2023 with a regional focus on persons with disabilities in situations of risk and humanitarian emergencies. The event would help the Committee to elaborate a General Comment on persons with disabilities in situations of risk and humanitarian emergencies that would clarify State party obligations pursuant to article 11 of the Convention.

Statements by Committee Experts, United Nations Bodies and Civil Society Representatives

YOUNKYO AHN, on behalf of Alice Cruz, Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members, said during her mandate, Ms. Cruz had made several submissions to the Committee in connection with its reviews of leprosy-endemic countries. She had also contributed to the drafting of the Committee's General Comment on Article 27 of the Convention, aiming to strengthen national and organisational efforts to promote the rights of persons with leprosy. She expressed hope that the Committee could make an explicit reference to leprosy in future General Comments. Persons affected by leprosy had historically been trapped in medical or charitable approaches and had rarely been recognised as rights holders. The global human rights system should support a paradigm shift by working closely with local and national organizations of persons affected by leprosy and enabling their participation in the system. Over 100 existing laws discriminated against persons affected by leprosy in areas such as freedom of movement, political and social participation, family life, labour, immigration and visa regulations. The hegemony of biomedicine in the context of leprosy had also contributed to the misuse of the concept of disability by the World Health Organization when referring to leprosy. Of 115 documents published by different United Nations agencies and organizations, only 3 documents mentioned leprosy. Civil society organizations also reported very limited participation of persons affected by leprosy and their representative organizations in institutional matters affecting them. Ms. Cruz requested the Committee to intensify its work with the organizations of persons affected by leprosy. It was the Committee’s duty to remove barriers to access to the human rights system for these persons. The Committee could play a decisive role in a thousand-year history of exclusion, persecution and violations.

International Disability Alliance said it was conducting “training of trainers” in Geneva, having brought together more than 30 activists. The Alliance promoted the initiative of the Committee to hold a day of general discussion on article 11. The challenges caused by the COVID-19 pandemic, armed conflicts and climate events had shown how vulnerable persons with disabilities were and that many had been left behind. The Alliance recommended a slower pace and careful planning given the complexity of the General Comment covering article 11. Since the last session, the Alliance continued to promote Convention standards and to engage with other United Nations treaty bodies to ensure harmonisation with such standards. On the predictable schedule of review, the Alliance highlighted the need for the Committee to keep focus on country specific work and resume follow-up to concluding observations. The Alliance welcomed the Committee’s further reflections on migration, adequate standard of living, the right to life and the right to health. Much needed to be done, and the Alliance would continue to support the Committee’s work.

Global Albinism Alliance, describing albinism, stressed its different prevalence depending on the region: one person in 17,000 in the West and one person in 1,500 in West Africa. Persons with albinism were susceptible to skin cancer. In Sub-Saharan Africa, skin cancer was the most significant cause of death in persons with albinism. There was currently no therapeutic solution for the disabilities that arose from albinism. Albinism potentially had repercussions in education, employment, social and everyday life. In many countries, all matters related to the skin were perceived as purely aesthetical. Preventive measures existed, but were not easily accessible in tropical or subtropical regions, where they were most needed. Persons with albinism were often subject to discrimination and stigma. Many States were still far off meeting their commitments in providing care with persons with albinism. The Alliance called on States to enhance actions for persons with albinism.

United Cities and Local Governments said that the COVID-10 pandemic continued to shine a light on inequalities, and that one of the critical lessons learnt had been that universal accessibility should be at the heart of development. Since 2019, through its civil society engagement, the organisation had put the right of accessibility at the heart of its agenda. It stressed the need for mechanisms for inclusive engagement of persons with disabilities. It had outlined that a safe, peaceful and accessible environment for present and future generations should be guaranteed. Collective actions, shared ownership, international cooperation and solidarity were key in such a commitment. It was ready to support effective localisation of the Convention.

European Disability Forum said it was a regional member of the International Disability Alliance that defended the rights of over 100 million persons with disabilities in Europe. Close involvement of organisations of persons with disabilities was essential for the monitoring and implementation of the Convention. The Forum welcomed the work undertaken by the Committee on the development of a General Comment on Article 11. It had submitted written input and would participate in the Day of General Discussion. It also welcomed the initiatives taken by the Committee to address the situation of persons with disabilities who were affected by the Russian war against Ukraine. Since March 2022, the Forum had been working with 12 partners across Eastern Europe to respond to the humanitarian crisis caused by the war in Ukraine. It would continue to stand firm for the rights of persons with disabilities in the reconstruction of Ukraine. It was campaigning for a ban on the construction and renovation of residential institutions in favour of a transition to community-based care. It called on the Committee to, in reviews of European countries, address the ratification of the Council of Europe’s Istanbul Convention on combating violence against women and the implementation of European Union laws that benefited persons with disabilities in areas such as accessibility, transport, access to justice, and the use of European Union funds. European Union member States sometimes interpreted and implemented the Union’s rules in a way which did not live up to the spirit and obligations of the Convention.

Disability Rights Fund said that it currently worked across Africa, Asia, the Pacific Islands and the Caribbean. Its funds were grounded in a participatory and gender transformative approach, using grant making, technical assistance, and advocacy strategies to support organisations of persons with disabilities to advance the Convention, Sustainable Development Goals, Global Disability Summit commitments and other key international frameworks.  It had supported 408 organisations of persons with disabilities across 39 countries, and in the last year alone, 118 organisations of persons with disabilities across 18 countries.

The most recurrent themes of its grants concerned women and girls with disabilities, situations of risk and humanitarian emergencies, education, health and adequate standard of living and social protection. Since it had developed Gender Guidelines in 2018, the Fund had seen an exponential increase in grant making for organisations of women with disabilities and organisations of persons with disabilities of diverse sexual orientation, gender identity and sexual characteristics. It was partnering with Global Greengrants Fund to support organisations of persons with disabilities to build their capacity and expand their work on climate action. The Disability Rights Fund was also participating in the Intergovernmental Negotiating Body on a future instrument to strengthen pandemic prevention, preparedness and response.

Inter-American Coalition on De-Institutionalization said that it was promoting five priority areas: legal capacity; harmonisation of the Convention and the legal framework for mental health; policies with a capacity and agenda perspective; implementation of a dignified framework for clinical practises and voluntary institutionalisations; policies models for deinstitutionalisation and the creation of alternatives for support services. There was an urgent need for Governments to guarantee independent living for persons with disabilities. Implementation of the Committee’s guidelines should be a priority. In the interactive dialogues, State parties should provide information on the guidelines’ implementation. When dealing with Argentina and Peru, the Committee should provide specific recommendations related to the need to put an end to institutionalisation and to adopt measures promoting the community support system and providing remedies for survivors of human right violations.

World Health Organization said the world was witnessing more disasters, public health emergencies and armed conflict and mass migration. The Organization recognized several areas of actions that should be strengthened to improve outcomes for persons with disabilities in humanitarian and emergency contexts. This included overall access to equitable, affordable and quality health services. The Organization was developing a national strategic planning tool to support countries to systematically identify and implement actions that advanced disability inclusion in universal health coverage, public health interventions and health emergency responses. It had also continued its technical support to countries in the collection of valid and reliable data on disability. Further, it had invested in strengthening rehabilitation in emergencies through its integration in Emergency Medical Teams, and increasingly by providing direct technical support and coordination of rehabilitation actions in major responses, including Ukraine, Türkiye and Syria. In January 2023, the executive board had approved its first ever resolution on rehabilitation, calling on member States to ensure timely integration of rehabilitation in emergency preparedness and response. The Organization had made a high-level political commitment to include assistive technology in emergency response. In terms of mental health, in 2022, the Organization, Médecins Sans Frontiers, Humanity and Inclusion and the Inter-Agency Standing Committee embarked on a collaboration to introduce the Organization’s “QualityRights” e-training on mental health, human rights, recovery and inclusion into humanitarian and emergency responses and contexts. It looked forward to supporting and promoting the Convention.

International Communication Rights Alliance said that several its members were writing citizens reports to the Committee on actions or lack of actions to protect the rights of people with communication disabilities in their home countries. To promote the rights pf people with communication disabilities, States needed to set standards and laws; increase availability of accessible forms of communication; consult with the deaf community; provide resources and training; promote sign language as an official language; promote access to technology and accessible websites; provide translations of the Convention into accessible formats; support parents; and allocate funding to accessibly; provide accessible public services. Augmentative and alternative communication was key to the quality of civic life. The was a need to increase reports on actions or lack of actions to address communication rights.

Citizen Commission of Human Rights, a watchdog established in 1969 to advocate for the rights of person with mental and psychological disabilities, stressed it was one of the first to codify the right of the forgotten and abused in psychiatric asylums and institutions in January 1970. The Council of Europe’s European Convention of Human Rights and the Convention on Human Rights and Biomedicine included had outdated, discriminatory policies, which had been addressed by revisions determining who rights holders were. In May 2022, the Council of Europe Committee of Ministers had not adopted a draft additional protocol regulating the protection of persons during the use of coercive measures in psychiatry to the Convention on Human Rights and Biomedicine, but would next consider the draft protocol in 2025. The Council had been tied down by outdated thinking. The rights of persons with mental health disabilities needed to be acknowledged to solve problems related to this draft protocol.

Poder Judicial, republica Argentina said that in Argentina, people with disabilities were faced with systematic barriers to realising their rights, including in the judicial domain. The State needed to create a judicial system within which cases included perspectives on disability. A body needed to be created within the judiciary that specialised in the rights of persons with disabilities. Such a body needed to be allowed to intervene in all cases involving persons with disabilities.

Cesar Buero, a public controller from Argentina working in the disability sector, said two business sector associations were producing half-yearly reports on compliance with the Convention from 2022 to 2030. Some businesses had established goals in alliance with civil society. The associations’ reports showed whether goals were met or not, identifying room for improvement and best practises. The same process had also been extended to politicians seeking elections. The associations examined politicians’ commitments and had them sign agreements to make sure they complied with the Convention when in office. The project aimed at building a “value chain” to ensure that companies embodied the values of the Convention and transmitted them to their clients and others. Dissemination of the Convention was key to further compliance.

ROSEMARY KAYESS, Committee Expert, and other speakers, paid tribute to Judith Heumann, a United States disability rights activist who had recently passed away. Ms. Kayess remembered Ms. Huemann as a leading light in the disability rights movement and one of the true fighters and advocates for independent living in the early days of the American social movement.