34/69 2016 Social Forum - Report of the Co-Chair-Rapporteurs

GE.16-22013(E)



Human Rights Council Thirty-fourth session

27 February-24 March 2017

Agenda item 5

Human rights bodies and mechanisms

2016 Social Forum*

Report of the Co-Chair-Rapporteurs

Summary

In accordance with Human Rights Council resolution 29/19, the Social Forum was

held in Geneva from 3 to 5 October 2016. Participants considered the promotion and full

and equal enjoyment of all human rights and fundamental freedoms by all persons with

disabilities in the context of the tenth anniversary of the adoption of the Convention on the

Rights of Persons with Disabilities. The present report contains a summary of the

discussions, conclusions and recommendations of the Forum.

* The annex to the present report is circulated as received, in the language of submission only.

United Nations A/HRC/34/69

Contents

Page

I. Introduction ................................................................................................................................... 3

II. Opening of the Social Forum ........................................................................................................ 3

III. Summary of proceedings ............................................................................................................... 4

A. Setting the scene: from needs to rights — advances and challenges .................................... 4

B. Persons with disabilities and human diversity: embracing diversity and

awareness-raising .................................................................................................................. 6

C. Accessibility and non-discrimination: leaving no one behind .............................................. 7

D. Strengthening equality and specific measures ...................................................................... 8

E. Meaningful participation and empowerment ........................................................................ 9

F. Making development inclusive ............................................................................................. 11

G. Strengthening accountability ................................................................................................ 12

H. Round table: informing policy .............................................................................................. 13

I. Realizing the human rights of persons with disabilities ........................................................ 14

J. The future we want - Part I ................................................................................................... 15

K. The future we want - Part II .................................................................................................. 17

IV. Conclusions and recommendations ............................................................................................... 18

A. Conclusions .......................................................................................................................... 18

B. Recommendations ................................................................................................................. 19

Annex

List of participants ......................................................................................................................... 22

I. Introduction

1. The Human Rights Council, in its resolution 29/19, reaffirmed the Social Forum as a

unique space for interactive dialogue between the United Nations human rights machinery

and various stakeholders, including civil society and grass-roots organizations.1

2. The 2016 Social Forum was held in Geneva from 3 to 5 October. It focused on the

promotion and full and equal enjoyment of all human rights and fundamental freedoms by

all persons with disabilities in the context of the tenth anniversary of the adoption of the

Convention on the Rights of Persons with Disabilities. The President of the Council

appointed the Ambassador and Permanent Representative of Mexico to the United Nations

Office at Geneva, Jorge Lomónaco, and the Deputy Permanent Representative and Chargé

d’affaires a.i. of New Zealand, Carl Allan Reaich, to the United Nations Office at Geneva,

as the Co-Chair-Rapporteurs of the Forum.

3. The programme of work was prepared under the guidance of the Co-Chair-

Rapporteurs, with inputs from relevant stakeholders. The present report contains a summary

of the proceedings, conclusions and recommendations of the Forum. The agenda of the

Forum and the list of participants is contained in annexes to the present report.

II. Opening of the Social Forum

4. Mr. Lomónaco recalled that the Convention on the Rights of Persons with

Disabilities had entered into force very rapidly. It had left behind the medical welfare

model to fully recognize persons with disabilities as rights holders and as active and

autonomous members of society. He urged States to ratify or accede to the Convention and

its Optional Protocol as a matter of priority. There was still much to be done, as persons

with disabilities, especially women and children, continued to face barriers to their equal

participation and suffered violations of their rights. New Zealand and Mexico had renewed

their commitment to the principles of the Convention and called upon States to mainstream

the rights of persons with disabilities at all levels.

5. The President of the Human Rights Council, Choi Kyong-Lim, said that since 2009

the Council had mainstreamed the topic, held annual interactive debates and created the

mandate of the Special Rapporteur on the rights of persons with disabilities. The universal

periodic review process was an effective tool to promote ratification of the Convention and

its Optional Protocol. The Council had also created the task force on secretariat services,

accessibility for persons with disabilities and use of information technology, which worked

to enhance accessibility at the Council. He encouraged States to continue to ensure that

issues related to the rights of persons with disabilities were represented in their debates and

decisions.

6. The United Nations High Commissioner for Human Rights reaffirmed the

commitment of his Office (OHCHR) to advancing the human rights of persons with

disabilities. The topic had become a priority and a cross-cutting issue in the work of

OHCHR. Monitoring had been improved within the universal periodic review, the Council

and the high-level political forum on sustainable development while the Committee on the

Rights of Persons with Disabilities had made tremendous advances. It was time to

implement the 2030 Agenda for Sustainable Development with due regard to the

1 For further details on the Social Forum, see

www.ohchr.org/EN/issues/poverty/sforum/pages/sforumindex.aspx.

Convention. OHCHR was developing tools to enable the design and monitoring of policies,

endorsed the Charter on Inclusion of Persons with Disabilities in Humanitarian Action and

supported the development of guidelines on persons with disabilities in humanitarian

contexts.

7. The Chair of International Disability Alliance, Colin Allen, commended Mexico and

New Zealand and the Group of Friends of the Convention for their leading role; he

welcomed the adoption of the 2030 Agenda, which had brought a human rights dimension

to development; the strengthening of the Committee; the establishment of the mandate of

the Special Rapporteur; and United Nations bodies working to mainstream the rights of

persons with disabilities. Remaining concerns included repeated attacks against such

persons, limitations on establishing families, forced sterilization, segregation, medication

without consent and limitations on the exercise of legal capacity. Diversity must be

embraced, and partnerships reinforced, to achieve full inclusion and participation of persons

with disabilities.

8. A video was screened which highlighted that 10 years after the adoption of the

Convention, persons with disabilities were entitled to the full spectrum of human rights and

fundamental freedoms without discrimination. The Convention had promoted the full

participation of persons with disabilities in all spheres of life, challenging customs,

stereotypes, prejudices, harmful practices and stigma relating to persons with disabilities.

Yet huge challenges remained in achieving the full enjoyment of rights by all persons with

disabilities.

III. Summary of proceedings2

A. Setting the scene: from needs to rights — advances and challenges

9. The Ambassador and Permanent Representative of Bulgaria to the United Nations,

Georgi Panayotov, President-elect of the Conference of States Parties to the Convention for

2017-2018, said that Bulgaria attached particular attention to the protection of the human

rights of persons with disabilities and was ensuring their participation and well-being, with

a focus on children and youth. Bulgaria had advocated for the inclusion of the human rights

of persons with disabilities in the 2030 Agenda and the Sustainable Development Goals.

The Conference of Parties was a vital platform, bringing together a range of stakeholders,

and it was important to ensure the full participation and inclusion of persons with

disabilities in the implementation of the Convention.

10. The Special Rapporteur on the rights of persons with disabilities, Catalina Devandas

Aguilar, stated that the Convention had influenced the 2030 Agenda and driven national

and international strategies. It had given persons with disabilities a framework within which

to advocate for their rights. However, many, in particular women and other marginalized

groups, continued to face barriers. Discriminatory and harmful practices, such as

involuntary sterilization, forced treatment, hospitalization and the use of restraints in school

settings, remained. It was necessary to improve engagement with all stakeholders; increase

technical assistance, cooperation and exchange of good practices; ensure the participation

of persons with disabilities in decision-making processes; and strengthen the United

Nations system to ensure the implementation of the Convention and the Goals.

2 Statements and presentations made available to the Secretariat are available at:

www.ohchr.org/EN/Issues/Poverty/SForum/Pages/SForum2016Statements.aspx.

11. The Chair of the Committee on the Rights of Persons with Disabilities, María

Soledad Cisternas, said that the Committee was committed to strengthening the treaty body

system and the independence and impartiality of experts, and had an open relationship with

the Conference of Parties. It had developed guidelines on issues such as simplified

reporting for periodic reports; participation of civil society, national human rights

institutions and monitoring mechanisms; and freedom and safety of persons with

disabilities. The Committee had addressed such topics as the right to life, accessibility,

women with disabilities, access to justice, equality before the law, legal capacity, freedom

and security, inclusive education, prohibition of torture and other cruel, inhuman or

degrading treatment or punishment, access to communication, freedom of opinion and the

right to an independent life and to be included in the community.

12. The Chair of the China Disabled Persons’ Federation, Zhang Haidi, said that

safeguarding the human rights of persons with disabilities should start with an assessment

of their needs and living conditions. A household survey of persons with disabilities in

China had collected disaggregated data and helped understand those needs, informing

policies and research, including the creation of two subsidy systems. China strove to

promote barrier-free construction and support the rights to education and employment.

Over the years, China had established rehabilitation centres for persons with disabilities,

particularly children, and was establishing a university to train specialists in disability

related rehabilitation. The international community should implement inclusive

development strategies and integrate disability into international cooperation frameworks.

13. Following the presentations, representatives of Brazil, Bulgaria, Chile, Cuba,

Iceland, Poland, Qatar, Russian Federation, South Africa, United States of America,

Uruguay, Venezuela (Bolivarian Republic of), Association of Southeast Asian Nations

(ASEAN), Intergovernmental Commission on Human Rights, European Union, Arab

Organization of Persons with Disabilities, Association of Persons with Rheumatic Diseases

Sri Lanka, Associazione Comunità Papa Giovanni XXIII, Dementia Alliance International,

European Network on Independent Living, European Union of the Deaf, Global Alliance of

National Human Rights Institutions, Inclusion International, International Federation of

Hard of Hearing Persons, World Blind Union, World Federation of the Deaf, World

Network of Users and Survivors of Psychiatry and World of Inclusion took the floor. Issues

raised included social inclusion, targeted benefits and social services; international

cooperation to strengthen organizations of persons with disabilities; inclusive education;

ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons

Who Are Blind, Visually Impaired, or Otherwise Print Disabled; risk and humanitarian

emergencies; inclusion in labour markets; effects of poverty; women, children and refugees

with disabilities; affordability of hearing aids and availability of captioning and sign

language; visibility of psychosocial disabilities; reform of guardianship laws; and non-

discrimination in abortion policies. The need for disability-disaggregated data, financial

support, technological resources and binding obligations for effective implementation of the

Convention was stressed.

14. In response, Ms. Zhang stressed that China had supported athletes with disabilities,

prioritizing rehabilitation. Although China still had special schools for some children with

disabilities, it tried to provide all children with the opportunity to enjoy inclusive education

in regular schools. Ms. Devandas Aguilar said that the Convention would be implemented

only when human diversity was accepted and embraced. Greater efforts were required to

overcome challenges to the full participation of persons with disabilities in their

communities, particularly in decision-making processes. Ms. Cisternas highlighted the

Committee’s contribution on issues such as legal capacity, education, the situation of

women and refugees, and access to sign language within the United Nations system.

B. Persons with disabilities and human diversity: embracing diversity and

awareness-raising

15. The Chair of the Global Partnership on Children with Disabilities Youth Council,

Peter Ochieng, said in a video message that inclusive education, employment and health,

including sexual and reproductive health, were still a challenge for many youth with

disabilities. The Convention’s diversity approach would be important in engaging persons

with disabilities and youth in realizing the Sustainable Development Goals, allowing

advocates to challenge all stakeholders to engage with persons with disabilities as rights

holders rather than objects of charity. Youth with disabilities deserved an equitable and

equal representation in all decision-making processes at all levels. He called upon States

and all stakeholders to prioritize inclusive and meaningful participation of youth, including

those with disabilities, in all programmes to implement the Goals.

16. A member of the Committee on Economic, Social and Cultural Rights, Heisoo Shin,

said that the International Covenant on Economic, Social and Cultural Rights safeguarded

the equal rights of persons with disabilities. In its general comment No. 5 (1994) the

Committee had stressed that persons with disabilities were entitled to all rights recognized

in the Covenant. States parties were required to take appropriate measures, including

through positive actions and appropriate preferential treatment, to reduce structural

disadvantages. When considering States parties’ reports, the Committee checked the

situation of persons with disabilities. She said that educational programmes should promote

mutual understanding of the Covenant and the Convention and that there should be greater

participation of persons with disabilities in the work of the Committee.

17. The Director of the Centre for Disability Studies at the University of Leeds, Anna

Lawson, stated that the Convention required States to collect appropriate information to

formulate policies. That helped to identify barriers, inform campaigning and debate within

countries and compile shadow reports for treaty-monitoring bodies. States were obliged to

undertake or promote research and develop universally designed goods, services and

facilities. Challenges included achieving meaningful involvement of organizations of

persons with disabilities in setting widely disseminated and accessible research agendas;

using different methodologies; gathering evidence about the lives of people in hard-to-reach

situations; making research processes accessible and inclusive; developing ethical and

health and safety research requirements; and facilitating multidisciplinary collaboration and

transdisciplinary thinking.

18. A journalist specializing in gender and disability at Public Television of Argentina,

Verónica González, said that persons with disabilities were excluded from producing

information and were underrepresented as specialists. They were portrayed in a

discriminatory way, as victims or, conversely, as superheroes. Information was not

accessible to all audiences. In Argentina, Public Television covered diverse issues, such as

sexuality, access to justice, sports, education and employment, with a human rights-based

approach. The national law on accessibility of the audiovisual press included sign language,

closed captioning and simplified language. The Convention had helped raise awareness on

the diversity of persons with disabilities and to break down barriers and prejudices, and

allowed persons with disabilities to learn about their rights. Similarly, recommendations of

the Committee had allowed advocates to challenge policies that were not in accordance

with the rights-based model.

19. During the interactive dialogue, representatives of Action on Disability and

Development of Sudan, ASEAN Disability Forum, Dementia Alliance International, Global

Alliance for Disability in Media and Entertainment, Include Me Too, Italian Network on

Disability and Development, Mongolian National Federation of the Blind, National Union

of Disabled Persons of Uganda, People First New Zealand, World Federation of the Deaf

and World of Inclusion took the floor. Speakers addressed the need for quality training of

media professionals to be provided by persons with disabilities, and to work with

mainstream media instead of through separate programming; lack of opportunities for

ethnic minorities; the need for presenting the holistic approach adopted in the Convention

in order to reflect diversity; greater awareness on female genital mutilation, exploitation,

witchcraft and accusations of possession; the need for reliable indicators for research,

including quality of life indicators; engaging mass media to portray disability adequately;

creating platforms for the participation of persons with disabilities in media; raising

awareness on the full enjoyment of legal capacity; and removal of barriers for hard of

hearing and deaf people in media and entertainment.

20. Responding, Ms. Shin stressed the need for more research on and understanding of

disabilities, and especially to expose people to diverse perspectives from an early age

through human connection. Persons with disabilities must be represented in national

assemblies. Ms. Lawson proposed undertaking research on quality of life, which should

not, however, be based on people’s own perceptions. Researchers should disseminate

results widely and work with funders to promote inclusion and diversity. Ms. González

pointed to the need for research to explain violence and trafficking of women with

disabilities. Journalists, politicians and others should not use inappropriate language with

respect to people with disabilities.

C. Accessibility and non-discrimination: leaving no one behind

21. A representative of the Indigenous Persons with Disabilities Global Network Asia

Chapter, Pratima Gurung, stated that indigenous persons with disabilities faced multiple

forms of segregation and discrimination, owing to customary values and practices, attitudes

towards disability based on ethnicity and inappropriate services. Lack of understanding of

cultural frameworks and community dynamics aggravated their exclusion. The impacts

were not reported, and little debated. Social deprivations, insufficient service policies and

challenging living conditions experienced by persons with disabilities had entrenched

cycles of poverty. A one-size-fits-all approach to enhance accessibility for indigenous

persons with disabilities was not feasible; rather, a participatory approach that considered

differences in aspirations, social contexts and cultural preferences was required.

22. The Director of the Cuban Association of the Deaf, Alejandro Marzo Peña,

described the Cuban national plan of action for persons with disabilities, which focused on

civil society in the framework of the Convention and the Sustainable Development Goals.

The health-care and education systems were free and universal. The social security law

benefited persons with disabilities. The right to work without discrimination was

guaranteed. Cuba had undertaken programmes that raised awareness, with the participation

of stakeholders, and that focused on eradicating all barriers. Steps had been taken towards

improving accessibility, including the use of sign language interpreters, Braille and

technology to facilitate access to information. Cuba was working on an inclusive education

system that would involve teachers, families and the community as part of the

transformative development process of individuals.

23. A representative of International Longevity Centre Global Alliance, Silvia Perel-

Levin, affirmed that ageist attitudes had obstructed the realization of the rights of persons

with disabilities, including through inadequate pension schemes, lack of access to

preventive health care or rehabilitation services and delayed, inadequate or undignified

treatments for older persons. Age limits for disability benefits prevented such persons from

seeking protection under the Convention. Challenges included a lack of legislation,

monitoring, adequate quality standards and qualified caregivers. Yet specific references to

older persons were rare in human rights treaties. States had to recognize the discrimination

faced by older persons, include them in consultations and ensure equal application of their

rights under the Convention throughout their lives. The Committee should consider

adopting a general comment on the rights of older persons with disabilities.

24. Hamad Bin Khalifa University Assistant Professor Dena Ahmed Saif Al-Thani

pointed to the need for accessible computer interfaces. Concepts such as “inclusive design”

and “universal usability” emphasized the role of potential users in developing computer

systems and encouraged a growing trend towards inclusion of users with disabilities in

usability studies and in assessing conformity with disability-related regulations. Inclusive

research had addressed a gap in assistive technology by supporting the collaboration of

persons with visual impairments with their colleagues. The results of the research were

recommendations on software design that would support collaborative and cross-modal

information-seeking from the ground up. A user-centric design approach was crucial when

developing complex interfaces with multiple modalities.

25. During the interactive dialogue, representatives of Brazil, Pakistan, Association of

World Citizens, Dementia Alliance International, Epidemic of Knowledge Campaign,

European Network on Independent Living, Inclusion International, Indonesian Mental

Health Association, International Federation for Spina Bifida and Hydrocephalus, Pacific

Disability Forum and World Blind Union took the floor. Speakers welcomed the Marrakesh

Treaty and highlighted the Sustainable Development Goals and the Convention articles

relevant to the autistic community. Other topics included accessibility standards during

humanitarian emergencies and natural disasters; the need for a global treaty on the rights of

older persons; sociological and medical studies on dementia; people with disabilities in the

labour market; a social model inclusive of psychosocial disabilities; and universal

accessibility in societies, including to transportation.

26. Ms. Gurung highlighted the different forms of accessibility with regard to the types

of impairments. It was important for rights holders to bring the complex and sensitive

nature of disability into the discussion. Mr. Marzo Peña underscored the need to increase

the participation of and accessibility for people with disabilities, addressing issues such as

education and employment. Ms. Perel-Levin acknowledged that the Committee had noted

the existence of discrimination on the basis of disability and age, both separately and

combined; a convention on the protection of the rights of older persons would address that

issue. Ms. Al-Thani stressed the importance of developing knowledge in the academic

sector and the website development industry as well as promoting collaboration among all

stakeholders to ensure that regulations were enforced.

D. Strengthening equality and specific measures

27. The Chief Director of Rights of Persons with Disabilities of the Department of

Social Development of South Africa, Lidia Pretorius, noted that the Constitution of South

Africa guaranteed equality and described measures to achieve it. The first level of measures

aimed at ensuring that persons with disabilities had equitable access to services, fiscal

spending and opportunities. The second sought to ensure access to appropriate

accommodation. The third focused on affirmative action for redress and to level the playing

fields. The fourth level aimed at reimbursing persons with disabilities and their families for

disability-related expenditures. The national disability rights policy focused on

strengthening governance and administrative systems with measures to promote equitable

outcomes, including prioritizing underrepresented organizations of persons with disabilities

and groups for State funding, and the development of a disability inequality index.

28. The Chair of the Latin American Network of Non-Governmental Organizations of

Persons with Disabilities and their Families, Ana Lucía Arellano, said that Latin America

had achieved widespread progress in several areas. There were programmes for inclusion in

the labour market, including quotas, and policies on networks, support, reasonable

accommodation and web and media accessibility. Surveys on disabilities had been

undertaken and methodologies developed for universal access plans and public housing.

Persons with intellectual disabilities were able to exercise their legal capacity in some

jurisdictions. Despite the large number of ratifications of the Marrakesh Treaty, challenges

remained. Organizations of persons with disabilities needed to participate in national

monitoring systems and a community support-based system to increase educational and

labour opportunities for persons with disabilities was needed.

29. A representative of the National Union of Disabled Persons of Uganda, Esther

Kyozira, provided examples of national disability policies in that country. State

programmes included affirmative action and equity measures on gender and disability for

students with disabilities. Five seats in parliament and two seats in local governments were

designated for persons with disabilities. There was a tax waiver on sunscreen lotions for

persons with albinism and a grant for persons with disabilities in small business. The

National Council for Disability monitored compliance, while the Equal Opportunities

Commission handled complaints and ensured equal access and the Uganda Human Rights

Commission monitored implementation of the Convention. Challenges remained in service

delivery, participation, budgetary allocations and training. Organizations of persons with

disabilities were advocating an inclusive education policy, guidelines for judicial officers

and accessibility standards for buildings.

30. Representatives of Pakistan, Venezuela (Bolivarian Republic of), Saudi Arabia,

Include Me Too, International Federation of Hard of Hearing People, Regional Network for

Inclusive Education Latin America, Transforming Communities for Inclusion Asia, World

Federation of the Deaf, World Network of Users and Survivors of Psychiatry, Public

Television of Argentina and World of Inclusion took the floor. Issues addressed included

reasonable accommodation in education; underrepresentation of certain groups in public

life; accessible markets, education, media, transportation and travel; community-based

systems; the role of committees for persons with disabilities; maternity support; ensuring

rights under austerity measures; and the situation of persons with disabilities in prisons and

psychiatric institutions. Speakers called for deinstitutionalization; separate discussions of

psychosocial disability and intellectual disability; promoting dialogue with employers;

assessment of and accountability for implementation of the Convention; and adoption of an

internationally standardized classification of disabilities.

31. In response, Ms. Pretorius stated that reasonable accommodation should be

understood as dynamic and context-specific, and personal assistance must not be imposed.

It was necessary to overcome the barrier of high technology costs and to improve access to

information and monitoring systems for statistical data. Ms. Arellano noted that although

technology was available worldwide, not all countries were able to access it. There was a

need to empower young people and to design global strategies to raise civil society’s

capacities and spaces for dialogue. Ms. Kyozira suggested that there should be a legal

provision for reasonable accommodation in Uganda. Persons with disabilities must be

properly empowered with access to information, technology and governmental support.

E. Meaningful participation and empowerment

32. A representative of People First New Zealand, Robert Martin, reported that the

Government of New Zealand was working with organizations of persons with disabilities to

implement article 4 (3) of the Convention and create a national disability action plan. Those

organizations were helping to integrate issues relevant to persons with disabilities in the

public policy agenda. One project had improved the health outcomes of people with a

learning disability. He described a range of reasonable accommodations to assure self-

advocacy and effective participation by such persons. The combination of accessible

meetings, accessible information and a meeting assistant ensured meaningful participation.

Accessible meetings had to be inclusive and appropriately paced, with regular breaks and

use of plain language with full names rather than acronyms. Trained meeting assistants put

information in large font, went over the meeting papers in advance and provided

explanations if required, among other tasks.

33. The President of the Mongolian National Federation of the Blind, Gerel

Dondovdorj, said that persons with disabilities needed to participate in decision-making

processes. In Mongolia, organizations of persons with disabilities had actively promoted the

creation of disability policy councils within national ministries and in Ulaanbaatar City.

Those organizations had actively participated in drafting legislation on the rights of persons

with disabilities on the basis of the Convention and submitted written reports to the

Committee. Persons with disabilities living in rural areas confronted challenges to

participation. The fluctuating political scenario resulted in appointed officers lacking proper

knowledge about the rights of persons with disabilities. All stakeholders needed technical

assistance on such matters as knowledge of good practices, comparative policy analysis,

training guidelines and training of trainers on the principles of the Convention.

34. Magistrate Pascal Benga Tonangoye of the Court of Auditors of Gabon said that the

country’s laws dealt only briefly with disabilities, and inclusion remained exclusively on

paper. Education was free and obligatory, but three out of four children with disabilities

could not read or write. There was a school for children who were hard of hearing, but it

lacked infrastructure. Access to health care was expensive, physical assistance was not

available and treatment of and statistics on persons living with disabilities were insufficient.

There was no knowledge about the implementation of the Vocational Rehabilitation and

Employment (Disabled Persons) Convention, 1983 (No. 159) of the International Labour

Organization (ILO), and few public servants were persons with disabilities. Persons with

disabilities could not have legal recourse in certain cases of discrimination, and there was a

need for access to Braille and sign language.

35. The President of the Arab Union for the Blind, Khalid Al Nuaimi, stated that there

was a lack of infrastructure and policies to meet the needs of the visually impaired in the

Middle East. He called for increased dialogue and participation. The Arab Union for the

Blind had organized workshops on social, cultural and legal issues. It had provided stipends

for pharmacological interventions in countries with insufficient availability, promoted

pedestrian mobility and created rehabilitation and training centres. It had supported the

translation of laws into Braille, facilitated access to Internet banking and conducted studies

on how to expand job opportunities for the visually impaired. There was a need for

increased awareness on the challenges that visually impaired persons faced, for accurate

statistics on the nature of visual disabilities and for training for professionals.

36. During the interactive dialogue, representatives of Brazil, Down Syndrome

International, Epidemic of Knowledge Campaign, Include Me Too, Inclusion International,

Indigenous Persons with Disabilities Global Network, International Federation of Spina

Bifida and Hydrocephalus, World Blind Union, World Network of Users and Survivors of

Psychiatry, and World of Inclusion took the floor. They discussed accessibility as a

fundamental human right; article 29 of the Convention on the right to vote and guardianship

laws; harassment and bullying of children with disabilities; the need for quality access to

information; participation of youth in decision-making; role of the Sustainable

Development Goals in achieving equal participation; development of skills to enhance

participation; information on political campaigns, educational texts and medical

information; restructuring of data compilation methods and reliable statistics; vulnerability

of indigenous persons in the context of climate change; participation and empowerment of

family members of persons with disabilities.

37. In response, Mr. Al Nuaimi remarked that persons with disabilities had greater

ambitions and could accomplish more than what had already been achieved. International

organizations needed to take practical measures and produce accurate assessments of

progress. Ms. Dondovdorj agreed that actions should allow greater participation of young

persons with disabilities in decision-making processes, and urged States to ratify the

Marrakesh Treaty. Mr. Tonangoye emphasized the need to take into account all the

provisions of the Convention throughout the life of persons with disabilities. He urged the

international community to support the participation and inclusion of all. Mr. Martin noted

the role of grass-roots systems in informing people about their rights and how to speak up.

He stressed the importance of the right to education of persons with learning disabilities.

F. Making development inclusive

38. The Special Adviser for International Disability Rights of the United States

Department of State, Judith E. Heumann, reaffirmed in a video message the commitment of

the United States to pursuing the Sustainable Development Goals domestically and

internationally, in a disability-inclusive way. The Government supported disability-specific

initiatives to address targeted needs and integrate disability more broadly. The Department

of State encouraged the inclusion of participants with disabilities and disability issues in

programmes; addressed inclusive education in dialogues with countries; provided technical

assistance to civil society and Governments; and partnered with local organizations of

persons with disabilities to advance effective implementation of the Convention, including

in the inclusion of learners with disabilities in education programmes.

39. A member of the board of the Pan African Network of Persons with Psychosocial

Disabilities, Michael Njenga, expressed the view that the Sustainable Development Goals

had redefined the perception of Governments on persons with disabilities. The Convention

represented a paradigm shift on the rights of persons with disabilities. Nonetheless, lack of

robust statistical data on disability limited inclusive development programmes. The

Government of Kenya had developed a national implementation plan that included

advocacy and awareness-raising, mapping and engaging stakeholders, mainstreaming, and

monitoring and evaluation. There was a need for representation and involvement of persons

with disabilities in the institutions charged with implementation; developing actions to

mainstream disability; building the capacity of organizations of persons with disabilities for

advocacy; and increasing international cooperation, including funding for those

organizations.

40. The Chair of the International Disability and Development Consortium, Priscille

Geiser, described the Consortium’s work in the Convention negotiations, facilitating

participation and advocating for an article on international cooperation. Its members had

been working to reflect disability in policies and pushed for persons with disabilities to be

included in the Sustainable Development Goals. At country level, they provided technical

assistance to member States, service providers and organizations of persons with

disabilities; the engagement and advice of those organizations were crucial to achieve

disability-inclusive development. Donor countries still needed to mainstream disability

rights, enforce policies at all levels, from headquarters to field offices, and to track

expenditure on international cooperation. Data disaggregation using comparable tools was a

priority to identify gaps and take action

41. The Senior Adviser on Children with Disability of the United Nations Children’s

Fund (UNICEF), Rosangela Berman-Bieler, pointed out that stigma related to disability and

barriers in the environment made it more difficult for children with disabilities to go to

school, access health care and participate fully. Children with disabilities faced exclusion

from the workforce, perpetuating cycles of poverty and affecting their families, especially

girls, who did not attend school owing to caregiving responsibilities. It was important to

ensure cross-cutting disaggregation of data on disability. Countries had to monitor and

report progress on inclusive education, including accessibility of educational facilities and

materials.

42. Representatives of Asia Pacific Women with Disabilities, Associazione Comunità

Papa Giovanni XXIII, Dementia Alliance International, Include Me Too, Indigenous

Persons with Disabilities Global Network, Indonesian Mental Health Association,

International Federation of Anti-Leprosy Associations, Italian Network on Disability and

Development, Movimento Down, Sense International, World Blind Union, World Network

of Users and Survivors of Psychiatry, Foschiani Asociados and World of Inclusion spoke

during the dialogue. Participants called for international strategies for inclusive education

for people affected by leprosy. They discussed action plans on disability and development;

contextualized education models to implement article 24 of the Convention; access to

educational materials; access to financial and technical resources for empowerment; grass-

roots implementation of the Convention; synergy between the Convention and the

Declaration on the Right to Development; exclusion of persons with psychosocial

disabilities from recruitment programmes; and inclusion of children with disabilities in

private schools.

43. In response, Ms. Berman-Bieler reported that UNICEF was working on a universal

design format for textbooks for children with disabilities and modules on mental health.

She highlighted the importance of sustainable and inclusive development to address

intersectional issues. Ms. Geiser called for adequate resources and coordinated approaches

to address the needs of groups that faced the greatest discrimination. Mr. Njenga urged a

more comprehensive approach, moving beyond medical models of disability. He stressed

the importance of learning from country experiences and working with national human

rights institutions.

G. Strengthening accountability

44. The Chief of Programme for Persons with Disabilities at the Defensoría del Pueblo

of Peru, Malena Pineda Ángeles, said that the Defensoría had facilitated reform of the Civil

Code to eliminate guardianship and strengthen the legal capacity of persons with

disabilities. It promoted professional training to end social prejudice, invisibility and

vulnerability, and encouraged a human rights approach to public participation, freedom of

opinion and speech, mental health, informed consent to treatment, access to health-care

insurance, reproductive health, an end to compulsory institutionalization and access to

justice, including for persons declared unfit to stand trial. Inclusive education and

pedagogical support were prioritized. The Defensoría would strengthen its structure and

resources and increase interaction with organizations of persons with disabilities.

45. The Disability Discrimination Commissioner at the Australian Human Rights

Commission, Alastair McEwin, stated that the Disability Discrimination Act aimed to

eliminate discrimination against persons with disabilities, ensuring equal rights before the

law. The Commission investigated and reconciled complaints of discrimination and could

establish disability standards, helping to embed discrimination law within the community

and exemplify accessibility practices, including television captioning. The Commission also

scrutinized and proposed legislation, identifying trends and issuing guidelines for human

rights compatibility. It conducted inquiries on issues such as barriers to employment for

persons with disabilities and older persons and promoted a national disability insurance

scheme.

46. Senator Godliver Omondi of Kenya said that parliaments were active participants

through the allocation of budgetary resources and their oversight of implementation of the

Convention at all levels. They could create institutions and hold them accountable. Laws

had to ensure equality; control over land, property and inheritance for everyone; and access

to health care, transport and information infrastructure. Kenya sought to secure the

participation of youth, women and persons with disabilities in all spheres through

affirmative action. However, public policies had failed to achieve desired outcomes because

of mismanagement of resources and failure to monitor implementation closely. Parliaments

must ensure continuous monitoring and evaluation in order to make timely and necessary

changes.

47. The President of the World Federation of the Deafblind, Geir Jensen, recalled that

the role of rights holders in monitoring implementation of the Convention was reinforced

by the principle of full participation and inclusion of persons with disabilities and by the

general obligations of States parties to consult with and involve such persons and their

organizations in decision-making processes. The International Disability Association and

its partners had strengthened these organizations’ capacity in several countries to increase

their involvement in law-making processes, budget analysis and institutional arrangements,

resulting in strengthened capacity of United Nations mechanisms. There was a need for

more understanding of United Nations mandates and working methods, as well as full

inclusion of underrepresented groups, such as persons with autism, deaf-blindness and

intellectual disabilities.

48. Representatives of Peru, Mexico, Association of World Citizens, International

Lawyers.org, Dementia Alliance International, Niger Federation of Persons with

Disabilities, Transforming Communities Asia and World Federation of the Deaf took the

floor. Issues raised included State accountability; lack of State resources for statistical data

collection; shared educational aid and assistance among States; legal capacity; inclusion of

students with disabilities in English- and French-speaking schools in Africa; the failure of

States to fully include organizations of persons with disabilities in planning implementation

of the Convention; including sign language in legislation; and the role of civil society and

persons with disabilities in measuring implementation of the Convention.

49. In her concluding remarks, Ms. Pineda Ángeles encouraged coordination among

rights defenders and with Governments to promote the rights of all persons with

disabilities, highlighting the added benefits of reports on key issues. Mr. McEwin

emphasized collaboration with civil society to ensure a participatory and inclusive approach

to planning and implementing legislation. Senator Omondi shared experiences from Kenya

on representation and participation of persons with disabilities in political processes,

including the agendas of commissions dealing with issues of women, youth and other

marginalized groups. Mr. Jensen noted that a public interpreter guide service could be a

tool linking persons with deaf-blindness, authorities and societies at large.

H. Round table: informing policy

50. A representative of Transforming Communities for Inclusion Asia, Bhargavi Davar,

called for inclusion of people’s experiences and voices in policy and research, especially

those marginalized by exclusion and multiple discrimination. Auto-ethnographic detailing

often discredited people and made their experiences invisible. Incapacity laws negated the

personhood of women with disabilities. Denial of a person’s voice and personhood resulted

in abuse, violence, exploitation, forced institutionalization and other ignominy. Policy

research should be informed by values and practices, providing evidence that non-

discrimination is intersectional and layered. Informed consent to research should be an

unconditional and safeguarded legal area, including strict regulation of

psychopharmaceuticals, invasive medical practices and clinical trials.

51. A research coordinator at the Office of the Special Rapporteur on the rights of

persons with disabilities, Alberto Vásquez Encalada, highlighted the gap in data collection

regarding rights, services, cost of disability and good practices. Quantitative and qualitative

empirical research should replace anecdotal evidence to enhance understanding of best

practices in different areas such as disability determination and inclusive, community-based

interventions. Disability research should follow the human rights-based and participatory

approach of the Convention, involve persons with disabilities and their organizations,

acknowledge and engage persons with disabilities as rights holders, and respect and protect

the will, diversity and preferences of the persons with disabilities involved.

52. A representative of the Disability Research Initiative of Melbourne Law School,

University of Melbourne, Yvette Maker, affirmed that research was crucial to informed,

validated, transparent and effective policymaking. Ireland used research in drafting a

decision-making bill and Australian states were using advocacy and research findings to

reassess guardianship laws. To fill gaps in data, indicators of compliance and identification

of good practices and to strengthen capacity for research, funders should support disability

research proposals and researchers with disabilities. Research agendas should reflect the

priorities of organizations of persons with disabilities, the process should be accessible and

participatory, and research outputs should be widely accessible and promote rights under

the Convention.

53. Representatives of Spain, the Bolivarian Republic of Venezuela, ASEAN Disability

Forum, Mongolia National Federation of the Blind, Niger Federation of Persons with

Disabilities, People First New Zealand and World of Inclusion made statements on several

issues including meaningful inclusion of persons with disabilities and incorporation of

research on that group of persons in governmental and commercial policies and practices;

the right to inclusive education; challenges faced by women with disabilities; research on

justice systems; public policies to meet the needs of persons with disabilities; the need for

credible and accurate data on the status of those persons and adequate funding to conduct

studies and censuses; and the importance of collaboration and solidarity within and between

countries to realize the rights of persons with disabilities.

54. In response, Ms. Davar noted that human rights models should replace outdated

medical models as the basis for research. She highlighted gaps, including the need for

greater collaboration between academics and civil society in undertaking research. Mr.

Vásquez Encalada noted the need for strong frameworks in facilitating participatory

research processes and called for stronger links between civil society and research

institutions in collecting and using data. Ms. Maker addressed participatory research as a

means to avoid misrepresentations in evidence-based policy, as well as the importance of

good research in aiding justice systems. She prioritized the need for adequate funding and

collaborative approaches to research.

I. Realizing the human rights of persons with disabilities

55. A member of the Committee on the Rights of Persons with Disabilities, Theresia

Degener, noted that fewer than 30 States had yet to sign the Convention and that some

States parties could improve compliance by withdrawing reservations or declarations.

Stakeholders should work to understand and promote a human rights model of disability,

i.e., that rights could not be gained or taken away based on personal features, and move

away from a medical model of disability. Governments and organizations of persons with

disabilities should make use of the Committee’s recommendations, including designating

national human rights institutions as independent monitoring mechanisms. Organizations of

persons with disabilities could translate recommendations into feasible national action

plans. She welcomed efforts of national jurisprudence to clarify aspects of the Convention,

including by demonstrating that the disenfranchisement of people with disabilities was an

infringement of their constitutional rights.

56. The National Secretary for the Promotion of the Rights of Persons with Disabilities

of Brazil, Roseane Cavalcante de Freitas Estrela, said that Brazil gave the Convention

constitutional status and normative changes had enhanced implementation. Brazil proposed

a plan for the development of assistive technologies and a horizontal approach to

developing a systemic perspective on the rights of persons with disabilities. The

Government strove to integrate this work with the 2030 Agenda, collaborating with civil

society and other States. Nearly 2.6 million people with disabilities received an allowance

and improvements had been made in education, availability of technology and

technological resources, gender equality, reducing infant mortality and fighting HIV/AIDS

and other diseases.

57. The Chair of Indonesian Mental Health Association, Yeni Rosa Damayanti, said that

hundreds of thousands of persons with psychosocial disabilities had been imprisoned in

social and medical institutions and forced to accept medical treatment. National and local

regulations must accord with the Convention. Obstacles to such harmonization included

reluctance to view the rights of persons with disabilities as human rights, lack of awareness

of the Convention among government officials and inadequate training for advocacy

groups. Ms. Damayanti suggested that disability rights should be integrated into wider

social movements, including labour, legal aid, farmers’, women’s, environmental, urban

and anti-corruption movements, and recognized as a cross-cutting issue to be raised by all

sectors of civil society.

58. During the interactive dialogue statements were made by representatives of Brazil,

Gabon, Indonesia, Qatar, the Russian Federation, Serbia, Alliance Defending Freedom

International, European Network on Independent Living, European Union of the Deaf,

Niger Federation of Persons with Disabilities, Sense International and World of Inclusion.

Speakers addressed the need for cooperation among organizations of persons with

disabilities and for companies and other stakeholders to respect and fulfil human rights;

equality of rights for persons with disabilities in all forums; streamlined international

cooperation for realizing Convention rights; the need for the Committee to clarify key

Convention terminology; accountability of States parties to the Convention; discrimination

practised through pregnancy screening tests to detect genetic conditions that offered parents

reproductive choices; and equal penalties and exclusionary practices in justice systems.

59. In conclusion, Ms. Cavalcante de Freitas Estrela emphasized the role of monitoring

committees in furthering local and national realization of rights, and stated that in Brazil,

work towards ensuring environmental sustainability had been linked to issues of inclusion

of and access for persons with disabilities. Ms. Degener remarked that legal obligations

applied equally to all people with respect to both realization of rights and responsibilities.

Prevention measures based on the medical model of disability were not in line with the

Convention, and persons with disabilities should be engaged as agents for social change.

Ms. Damayanti called for human rights models of disability rather than institutionalization

and treatment with harmful medications.

J. The future we want - Part I

60. The Director of Complaints and Investigations of the Uganda Human Rights

Commission, Ruth Ssekindi, said that persistent negative attitudes and lack of

disaggregated data on issues related to persons with disabilities remained obstacles. A

comprehensive revision of policy frameworks with inclusive participation was needed,

using a rights-based approach to development. There was also a need for indicators on

including persons with disabilities in decision-making and for setting accessibility

standards and measures in all sectors, to ensure compliance with the Convention. Judicial

engagement should be increased in areas where precedents were needed. National human

rights institutions should mainstream the rights of persons with disabilities and all parties

should pursue opportunities for increased collaboration and dialogue among all

stakeholders. Adequate resources should be allocated to support those efforts.

61. The founder of the Global Alliance for Disability in Media and Entertainment,

Patricia Almeida, stated that media could help reshape mainstream perspectives on

disability and stimulate a culture of acceptance, non-discrimination and inclusion. States

should take concrete actions to realize their obligations to ensure the media were compliant

with the Convention. Engaging persons with disabilities in the media would help address

issues, including by educating media workers on their rights and violations thereof, the

pervasiveness of stereotypes and the need for accessible platforms. The creation of public

and private disability media that included persons with disabilities as communicators would

help realize their rights.

62. The Chair of the Inter-Agency Support Group on the Convention on the Rights of

Persons with Disabilities, Kirstin Lange, called for a coordinated approach to ensure that

persons with disabilities were engaged as partners in development and humanitarian

processes. International organizations’ capacity-building should include appropriate

mechanisms to promote inclusion in all areas of development. International cooperation

agreements should include measures such as disability markers, budget allocation for

humanitarian and development programming, systems of data collection, mechanisms to

monitor progress and support for stakeholders in developing guidelines on implementation

of the Sustainable Development Goals and the Convention. Acknowledgement of the

diversity of persons with disabilities and intersectional discrimination should be at the

centre of programming.

63. ILO Senior Disability Specialist Stefan Trömel described efforts to bring together

businesses and disability inclusion initiatives; peer-to-peer conviction among companies

was a powerful means for promoting inclusion of persons with disabilities in business. The

Sustainable Development Goals presented opportunities for integrating the rights of persons

with disabilities in the private sector by showing that overlooking persons with disabilities

was harmful to business. ILO worked to support national business and disability networks

and encouraged the media to showcase positive practices. The public sector should promote

employment and support inclusion of persons with disabilities. The Guiding Principles on

Business and Human Rights also promoted the inclusion of human rights in private sector

agendas.

64. In the ensuing dialogue, representatives of Argentina, Brazil, Uruguay, the United

Nations Development Programme, ASEAN Intergovernmental Commission on Human

Rights, Foschiani Asociados, Global Alliance for Disability in Media and Entertainment,

National Disabled People’s Organisation in Timor-Leste, National Forum of Women with

Disabilities of Pakistan and Regional Network for Inclusive Education in Latin America

made statements. They called for mainstreaming the rights of persons with disabilities in

development programming and private sector compliance with rights obligations, including

Internet accessibility. Speakers addressed the importance of information systems and

adequate resources in realizing the right to education for persons with disabilities; national-

level initiatives to incorporate their rights in plans and actions to achieve the Sustainable

Development Goals; training programmes for persons with disabilities; media’s role in

reflecting human diversity and accelerating social change towards inclusion; and good

practices to fulfil public service quotas.

65. Responding, Mr. Trömel noted the interrelated and interdependent nature of rights

and the need to move beyond legislation to inclusive practices for persons with disabilities

in employment, the media and other areas. He also acknowledged difficulties in meeting

public service quotas. Ms. Almeida stated that Governments as well as the private sector

must do more to meaningfully implement the Convention. Ms. Lange emphasized the role

of international organizations in supporting implementation and highlighted the need for

governmental accountability.

K. The future we want - Part II

66. The Chief Executive Officer of the National Forum of Women with Disabilities of

Pakistan, Abia Akram, said it was critical to uphold human rights ethics and involve

persons with disabilities in research processes. Recent research on disability from the

human rights perspective of the Convention had influenced policy and practice at all levels.

Organizations of persons with disabilities could lead discussions and decisions on topics

and priorities for study. More research was needed on disability in contexts such as poverty

reduction, non-discrimination, education and health. Good research would make a

difference in the lives of all persons with disabilities and their communities. It was

important to increase the number of researchers in the field of realizing the rights of persons

with disabilities.

67. The Deputy Permanent Representative of Ecuador to the United Nations Office at

Geneva, Victor Arturo Cabrera Hidalgo, affirmed that the recognition of persons with

disabilities within the 2030 Agenda enriched the efforts of States in the implementation of

the Convention. He highlighted the efforts his country had made to promote a rights-based

approach after ratifying the Convention, taking into account the full participation of civil

society. Ecuador’s progress included the adoption in 2014 of a law on equality that focused

on five specific groups, including people with disabilities. Although labour and inclusive

education were challenges, the number of persons with disabilities who were studying had

increased. Ecuador encouraged all States to ratify and implement the Convention and its

Optional Protocol.

68. The Senior Adviser for Global Social Policy at the Ministry for Foreign Affairs of

Finland, Eppu Mikkonen-Jeanneret, affirmed the need to ensure adequate resources to

implement the rights of persons with disabilities, both by making available disability-

specific funds and mainstreaming rights throughout international cooperation programmes.

In Finland, a disability marker was included within data systems and was systematically

monitored along with gender and human rights markers. That data system helped ensure a

positive impact, meaningful participation and adequate support by allowing the

Government to monitor all new projects that received federal funding on the basis of those

markers. All new projects that received funding must have considered either a specific

disability project, a distinct disability component, or take into account participation and

accessibility issues. The objective was to better understand where disability funding went,

with a view to evaluating strengths, weaknesses and possible synergies so as to allow

strategic planning.

69. The President of the West African Federation of Organisations of Persons with

Disabilities, Alzouma Maiga Idriss, stressed that all legal, physical, administrative and

communication barriers must be removed and persons with disabilities recognized as equal

partners in the development agenda. States should consult persons with disabilities and their

representative organizations on what affected them. Financing for sustainable development

needed to reach out to the most marginalized groups and include requirements related to

disability. All data should be disaggregated to account for disability. United Nations

mechanisms must respect, promote and protect the rights of all persons with disabilities,

especially the full exercise of their legal capacity and their full and effective participation.

70. During the interactive dialogue, statements were made by representatives of Mexico,

Pakistan, Dementia Alliance International, Indigenous Persons with Disabilities Global

Network, Mongolian National Federation of the Blind, National Union of Disabled Persons

of Uganda, Niger Federation of Persons with Disabilities, World Network of Users and

Survivors of Psychiatry and Public Television of Argentina. Speakers discussed national

efforts to achieve empowerment and inclusion of persons with disabilities by addressing

diversity; the potential added value of a United Nations database of practical educational

materials on the rights of persons with disabilities; opportunities for rights-based advocacy;

the need for more interpreters and guides to support persons with disabilities; segregation of

persons with disabilities in schools; and issues facing women with disabilities, including

forced sterilization and lack of quality health care.

71. In her concluding remarks, Ms. Akram noted the importance of including women

and girls with disabilities in political processes such as voting. Mr. Cabrera stated that the

Convention must be mainstreamed throughout policies. He stressed the need for greater

visibility of persons with disabilities and their rights, and for sharing good practices. Ms.

Mikkonen-Jeanneret underlined instruments for implementing a human rights-based

approach in governmental work, particularly by monitoring projects funded by international

cooperation for compliance with international human rights standards, and urged continued

and increased involvement by civil society, taking into account specific contexts. Mr.

Maiga Idriss urged that the rights of persons with disabilities be realized on the ground, and

echoed remarks about the harmful impacts people faced because of a lack of necessary

support.

IV. Conclusions and recommendations

72. In closing, the United Nations Deputy High Commissioner for Human Rights

underlined the need to move beyond abstract expertise even as the need for more

research and knowledge management with respect to the lived experience of persons

with disabilities became apparent. Civil society must be empowered in order to hold

the duty bearers and other actors accountable. Business was an influential actor for

enhancing the dignity of persons with disabilities, through employment, innovation,

services, and platforms for leadership, participation and other contributions. Greater

recognition of the challenges, and engagement by all actors, in the context of

humanitarian crises were needed to secure human dignity for all people. The

movement of persons with disabilities demonstrated that human life was precious and

that everyone was entitled to human dignity.

A. Conclusions

73. Several conclusions emerged from the 2016 Social Forum, some of which were

presented by the Co-Chair-Rapporteur, Carl Allan Reaich, in his closing remarks.

Mr. Reaich noted that participants had recalled important advances made since the

adoption of the Convention. So far, 169 States and the European Union had ratified

the Convention and 92 had ratified its Optional Protocol; nine sessions of the

Conference of States Parties had been held. The Committee on the Convention on the

Rights of Persons with Disabilities had been created, and it had reviewed 47 States

and adopted four general comments and 14 views on individual communications. The

universal periodic review had also contributed to promoting the Convention. At the

national level, legislation and policies were being reformed or developed. Further, the

2030 Agenda for Sustainable Development contained explicit references to persons

with disabilities and inclusive language.

74. The disability community needed to be engaged in mainstream policymaking to

ensure understanding of key issues on the rights of persons with disabilities as part of

human diversity. Participants had stressed the importance of universal ratification of

the Convention and its Optional Protocol. In addition, reform of national legislation

and policies should be promoted to ensure the adoption of the human rights-based

approach to disability. This included taking a twin-track approach, through

mainstreaming and targeted action, for the inclusion and participation of persons with

disabilities in society. Institutional frameworks for implementation and monitoring of

the Convention were being put in place or reformed, and had to be strengthened to

face the challenges ahead.

75. There was a need for increasing international cooperation and resources;

consistent mainstreaming of disability throughout international cooperation;

systematic involvement of organizations of persons with disabilities; and funding for

research in key areas. International organizations, including United Nations agencies,

bodies and mechanisms, had taken positive steps to include the rights of persons with

disabilities in their work and were expected to increase their attention to the situation

of all persons with disabilities. They could contribute further to better implementing

the human rights and development frameworks at all levels, including in realizing the

Sustainable Development Goals in accordance with the Convention. The efforts of

OHCHR to develop guidelines in that regard, with support from the European Union,

were appreciated. Further, there was a need to include the private sector in the

implementation of the Goals and the Convention, including through initiatives such as

the United Nations Global Compact.

76. National human rights institutions were essential in monitoring implementation

of the Convention, particularly by mainstreaming disability-related issues and

establishing focal points. They provided technical support and capacity-building to

organizations of persons with disabilities, facilitated their dialogue with Governments,

contributed to enhancing access to justice and engaged with international human

rights mechanisms. Participants had also highlighted the influence of private and

public media on access to information and public perceptions of disability, and

pointed out that they often lacked knowledge of the Convention. Fınally, academia

was central to reflecting good practices on combating stereotypes and providing

inputs to foster compliance with the Convention. Nevertheless, direct participation by

and involvement of persons with disabilities as well as increased research were needed

in this field.

B. Recommendations

77. Participants at the Social Forum strongly recommended universal ratification

of the Convention and its Optional Protocol and ratification of the Marrakesh Treaty.

States parties should harmonize their legislation with the Convention and adopt the

human rights-based approach to disability in policy design, particularly with regard

to non-discrimination, including multiple and intersectional discrimination; provision

of reasonable accommodation; equal recognition before the law; accessibility;

inclusive education; poverty reduction; and independent living.

78. States should ensure the participation of persons with disabilities and their

representative organizations in decision-making processes, including by providing

them with unconditional support, capacity-building, technical assistance and

promotion of self-advocates, among other actions. Focal points that would coordinate

efforts towards implementation and support decentralization were key for

policymaking. While seeking to comply with their immediate obligations, States

should also ensure appropriate budget allocations for fulfilling their progressive

realization obligations, support monitoring mechanisms, facilitate access to

disaggregated data and develop human rights indicators.

79. International cooperation should aim at increasing disability-specific funding

and promoting research. States and donors must mainstream disability throughout

international cooperation and ensure the participation of persons with disabilities.

Policies should be enforced at all levels, from headquarters to field-level agencies, to

ensure implementation. Means of tracking inclusion, such as disability markers,

should be implemented. Well-developed data-collection systems would allow for

improved design and assessment of projects. International organizations should

further engage in the promotion of the human rights of persons with disabilities.

80. The United Nations system should adequately consider the rights of persons

with disabilities in all its work and increase internal coherence as well as cooperation

with country teams to strengthen their capacity on the Convention and support States

to implement policies that are inclusive of these persons and respectful of their rights.

The United Nations system must increase its direct support to representative

organizations of persons with disabilities, facilitating access to capacity-building and

resources.

81. National human rights institutions needed to be independent and well

resourced, and their complaint mechanisms needed strengthening. They should

mainstream disability-related issues in their work, with focal points to support

disability-specific issues. In particular, their engagement with parliament and the

judiciary was crucial to ensure that legislation was compliant with the Convention,

effective access to justice and remedies. They should increase efforts to provide

technical support and capacity-building to organizations of persons with disabilities

and to facilitate their dialogue with Governments and engagement with international

human rights systems.

82. States and other stakeholders should develop a disability network on media,

involving private and public media, persons with disabilities, communicators and

representatives of the target audience, to contribute to the implementation of article 8

of the Convention. Such a network would aim at combating stereotypes; promoting

appropriate language; portraying persons with disabilities as rights holders; ensuring

access to information by implementing accessibility standards in all media, including

on websites; increasing visibility and mainstreaming; and promoting journalists with

disabilities devoted to non-disability-specific news. States should develop

observatories and other mechanisms to monitor and report on media compliance with

international standards and domestic laws.

83. The private sector must be involved in the implementation of the Sustainable

Development Goals in accordance with the Convention. Multi-stakeholder initiatives

should develop guidelines, exchange good practices and promote actions including

adopting the human rights-based approach to disability, mainstreaming persons with

disabilities as consumers, implementing universal design, and expanding production

and reducing costs of disability-specific products. Public procurement should

contribute to the realization of the rights of persons with disabilities. Academic and

research institutions must adopt a human rights-based approach to research. States,

donors and those institutions should increase resources for research on how the rights

of persons with disabilities could be applied to development and policymaking,

particularly with regard to access to justice, data collection and multiple forms of

discrimination.

84. The Human Rights Council and other United Nations human rights machinery

must remain seized of the matter. In particular, the Council should disseminate the

conclusions and recommendations of the 2016 Social Forum and undertake further

actions to contribute to the implementation of the Sustainable Development Goals in

accordance with the Convention. The Council should call upon all States and relevant

stakeholders, in the fulfilment of their mandates, to consider the present conclusions

and recommendations in moving forward in advancing the agenda on the rights of

persons with disabilities at all levels. Finally, the Council should implement the

measures suggested by its task force on secretariat services, accessibility for persons

with disabilities and use of information technology.

Annex

List of participants

States Members of the Human Rights Council

Algeria, Belgium, Bolivia (Plurinational State of), China, Cuba, Ecuador, Ethiopia, France,

Georgia, Ghana, India, Indonesia, Kenya, Mexico, Mongolia, Morocco, Nigeria, Portugal,

Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Slovenia, South Africa,

Switzerland, United Kingdom of Great Britain and Northern Ireland, Venezuela (Bolivarian

Republic of).

States Members of the United Nations represented by observers

Argentina, Austria, Azerbaijan, Bahamas, Belarus, Bosnia and Herzegovina, Brazil,

Bulgaria, Canada, Chile, Colombia, Costa Rica, Czechia, Djibouti, Dominican Republic,

Egypt, Fiji, Finland, Gabon, Greece, Guatemala, Guinea, Haiti, Honduras, Iceland, Iran

(Islamic Republic of), Italy, Jordan, Kuwait, Lebanon, Libya, Luxembourg, Malaysia,

Myanmar, New Zealand, Nicaragua, Niger, Norway, Pakistan, Peru, Poland, Romania, San

Marino, Serbia, Slovakia, Spain, Sri Lanka, Tajikistan, Turkey, Uganda, Ukraine, United

States of America, Uruguay, Vanuatu.

Non-Member States represented by observers

Holy See, State of Palestine.

Intergovernmental organizations

Association of Southeast Asian Nations (ASEAN) Intergovernmental Commission on

Human Rights, European Union, International Development Law Organization.

United Nations

International Labour Organization, International Telecommunication Union, United

Nations Children’s Fund, United Nations Development Programme, World Intellectual

Property Organization.

Non-governmental organizations, including organizations of persons

with disabilities

Action on Disability and Development International, African Commission of Health and

Human Rights Promoters, African Disability Forum, Alliance Defending Freedom

International, Arab Organization of Persons with Disabilities, Arab Union for the Blind,

ASEAN Disability Forum, Asia Pacific Women with Disabilities, Association of Persons

with Rheumatic Diseases, Association of World Citizens and People’s Health Movement,

Associazione Comunità Papa Giovanni XXIII, Centre indépendant de recherche et

d’initiatives pour le dialogue, China Disabled Persons’ Federation, Company of the

Daughters of Charity of St. Vincent de Paul, Cuban National Association of Deaf People,

Dementia Alliance International, Down Syndrome International, Epidemic of Knowledge

Campaign, European Network on Independent Living, European Union of the Deaf, Future

Hope International, Geneva for Human Rights-Global Training, Global Alliance for

Disability in Media and Entertainment, Global Alliance of National Human Rights

Institutions, Global Partnership on Children with Disabilities Youth Council, Handicap

International, Include Me Too, Inclusão Eficiente, Inclusion International, Indigenous

Persons with Disabilities Global Network, Indonesian Mental Health Association,

International Association for Hospice & Palliative Care, International Disability Alliance,

International Disability and Development Consortium, International Federation for Spina

Bifida and Hydrocephalus, International Federation of Anti-Leprosy Associations,

International Federation of Hard of Hearing People, International-Lawyers.org,

International Longevity Centre Global Alliance, International Youth and Student

Movement for the United Nations, Italian Network on Disability and Development, Latin

American Network of Non-Governmental Organizations of Persons with Disabilities and

their Families, Mongolian National Federation of the Blind, Movimento Down, My Right,

National Disabled People’s Organization in Timor-Leste, National Forum of Women with

Disabilities of Pakistan, National Union of Disabled Persons of Uganda, Niger Federation

of Persons with Disabilities, Pacific Disability Forum, Pan African Network of People with

Psychosocial Disabilities, People First New Zealand, Regional Network for Inclusive

Education in Latin America, Sense International, Spanish Organisation of the Blind,

Transforming Communities for Inclusion Asia, Turkey Youth Communication Platform,

West African Federation of Organisations of Persons with Disabilities, Women Education

and Culture Foundation, World Blind Union, World Federation of the Deaf, World

Federation of the Deafblind, World Network of Users and Survivors of Psychiatry.

National human rights institutions

Australian Human Rights Commission, Defensoría del Pueblo de Perú, German Institute for

Human Rights, Uganda Human Rights Commission.

National ministries and departments

Department of Social Development of South Africa, International Disability Rights of the

United States Department of State, Ministry for Foreign Affairs of Finland, Ministry of

Economic Development of Poland, Ministry of Education of Brazil, Public Television of

Argentina.

Academic institutions

Hamad Bin Khalifa University, Nalsar University of Law, University of California

Berkeley, University of Leeds, University of Melbourne.

Media organizations

Public Television of Argentina

Private sector

EID Belgium, Foschiani Asociados, World of Inclusion.

Independent experts

Catalina Devandas Aguilar, Special Rapporteur on the rights of persons with disabilities.