Committee on the Rights of Persons with Disabilities
Concluding observations on the initial report of Senegal *
I.Introduction
1.The Committee considered the initial report of Senegal (CRPD/C/SEN/1) at its 447th and 448th meetings (see CRPD/C/SR.447 and 448), held on 19 and 20 March 2019. It adopted the present concluding observations at its 466th meeting, held on 2 April 2019.
2.The Committee welcomes the initial report of Senegal, which was prepared in accordance with the Committee’s reporting guidelines, and thanks the State party for its written replies (CRPD/C/SEN/Q/1/Add.1) to the list of issues prepared by the Committee (CRPD/C/SEN/Q/1).
3.The Committee appreciates the fruitful dialogue held with the State party’s delegation and commends the State party for the strength of its delegation, which included many representatives of relevant government ministries.
II.Positive aspects
4.The Committee commends the State party for several legislative and public policy measures taken to implement the Convention since ratification, including:
(a)The incorporation of the Convention into national legislation and the steps taken to ensure its enforceability in domestic courts;
(b)The adoption of the first implementing decree of the Social Orientation Act No. 2010-15 of 6 July 2010, with a view to contributing to the promotion and protection of the rights of persons with disabilities to, inter alia, health care, rehabilitation services and equipment, education, training and employment opportunities;
(c)The adoption of legislation prohibiting the practice of female genital mutilation, which also affects women and girls with disabilities;
(d)The adoption of the Social Orientation Act and article L180 of the Labour Code, which stipulate that at least 15 per cent of accessible jobs in public and private organizations must be set aside for persons with disabilities.
III.Principal areas of concern and recommendations
A.General principles and obligations (arts. 1–4)
5.The Committee is concerned about:
(a)The lack of measures to review all legislation and policies to harmonize them with the Convention, particularly the Social Orientation Act No. 2010-15 and its implementing decrees, and the fact that measures geared towards the prevention of disabilities are misunderstood as measures to implement the Convention;
(b)The use of unacceptable terminology in legislation when referring to persons with disabilities, such as the term “deaf-mute”;
(c)The fact that disability assessment criteria are not in line with the human rights model of disability enshrined in the Convention for the issuance of equality cards by the different commissions established in Decree No. 2012-1038.
6. The Committee reminds the State party that the prevention of disability is not a measure to implement the Convention and recommends that the State party:
(a) Revise all laws, policies and plans to harmonize them with the human rights model of disability enshrined in the Convention;
(b) Eliminate derogatory language referring to persons with disabilities from legislation;
(c) Adopt a disability assessment process in line with the human rights model of disability, and ensure that persons with disabilities, through their representative organizations, are involved in the design of disability assessment criteria for the issuance of equality cards.
B.Specific rights (arts. 5–30)
Equality and non-discrimination (art. 5)
7.The Committee is concerned that:
(a) The State party’s definition of discrimination does not include the denial of reasonable accomodation as a form of disability-based discrimination, and that persons with disabilities, especially persons with psychosocial or intellectual disabilities, persons with disabilities in rural areas and persons with albinism, are not adequately provided with individualized accomodation;
(b)There is widespread multiple and intersectional discrimination against persons with disabilities, and that there is a lack of legal remedies, complaint mechanisms and sanctions for perpetrators;
(c) There is no available information on the legal remedies and redress and compensation mechanisms for persons with disabilities subjected to discrimination, and no statistics on the number of investigations conducted in cases of disability-based discrimination, on the sanctions imposed or on the remedies provided to victims, particularly women and girls with disabilities.
8. The Committee recommends that the State party:
(a) Take the legal and other measures necessary to recognize the denial of reasonable accommodation as a form of disability-based discrimination and to raise awareness among the general public about the concept of individualized support and accomodation;
(b) Adopt measures to combat the widespread multiple and intersectional discrimination against persons with disabilities, especially women, girls and persons with psychosocial or intellectual disabilities, persons with albinism and persons with disabilities in rural areas, and adopt measures for the provision of legal remedies, including redress and compensation mechanisms for victims, complaint mechanisms and sanctions for perpetrators;
(c) Take the steps necessary to increase the availability of information, including statistics, on the number of investigations conducted in cases of disability-based discrimination, on the sanctions imposed and on the remedies provided.
Women with disabilities (art. 6)
9.The Committee is concerned about the lack of equal opportunities for women and girls with disabilities in gaining access to education, employment and health-care services, including services relating to HIV/AIDS. It is also concerned about the higher prevalence of HIV/AIDS in women with disabilities, and about the exclusion of women with disabilities from political and public life.
10. The Committee recommends that the State party take note of the Committee ’ s general comment No. 3 (2016) on women and girls with disabilities in its implementation of Sustainable Development Goal 5, and that it, in particular:
(a) Develop and adopt measures aimed at the empowerment and inclusion of women and girls with disabilities in all spheres of life and geared towards addressing multiple and intersectional forms of discrimination, particularly in education, employment and health-care services, including services relating to HIV/AIDS;
(b) Adopt effective measures to combat the spread of HIV/AIDS and reduce its prevalence among women and girls with disabilities;
(c) Adopt the legal and other measures necessary to increase the participation of women with disabilities in political and public life.
Children with disabilities (art. 7)
11.The Committee is concerned about:
(a)Barriers, including stigmatization, preventing children with disabilities from accessing social protection, health-care services and an inclusive quality education system on an equal basis with other children;
(b)The lack of information, including statistical data, disaggregated by age and sex, on the situation of children with disabilities, including the number and proportion of children attending mainstream schools with adequate support measures;
(c)Reported cases of exploitation, violence and abuse against children with disabilities, including corporal punishment, in the home, in schools and in institutions, and exploitation through forced begging;
(d)The lack of effective representation of children with disabilities in the national discourse, particularly in the Children’s Parliament, and the fact that children with disabilities do not have the opportunity to express their views regarding matters that concern them, and that their views are not given due weight.
12. The Committee recommends that the State party take into account the Convention in its efforts to achieve targets 16.2 and 16.7 of the Sustainable Development Goals and that it, in particular:
(a) Adopt measures to combat the stigmatization of children with disabilities and to ensure they have access to social and health-care services and an inclusive quality education system, on an equal basis with other children;
(b) Collect information, including statistical data, disaggregated by age and sex, on the situation of children with disabilities, including the number and proportion of children with disabilities attending mainstream schools with support measures, with a view to better informing public policies on children;
(c) Repeal all provisions that allow for corporal punishment, including article 285 of the Family Code, and adopt legislation and effective measures to ensure that children with disabilities are adequately protected from exploitation, violence and abuse, including exploitation through forced begging, and that perpetrators are sanctioned;
(d) Adopt a mechanism for conducting meaningful consultations with children with disabilities through their representative organizations on matters that concern them, and ensure that they are included in the Children ’ s Parliament and that due weight is given to their views, on an equal basis with other children.
Awareness-raising (art. 8)
13.The Committee is concerned by the limited level of awareness about the rights of persons with disabilities in society, in the media and among persons with disabilities themselves.
14. The Committee recommends that the State party conduct public awareness-raising campaigns, including human rights education programmes, in partnership with community, traditional and religious leaders and media professionals, to combat stereotyping, stigmatization and prejudice concerning persons with disabilities, including persons with albinism. The Committee also recommends that the State party promote a positive image of persons with disabilities, particularly children and persons with psychosocial or intellectual disabilities.
Accessibility (art. 9)
15.The Committee is concerned about:
(a)The lack of information, including statistical data, on the accessibility of public and private buildings since the adoption of legislative measures, including on the number of construction projects rejected due to non-compliance with accessibility standards, the number of complaints received for non-compliance, the sanctions imposed and the complaint mechanisms available to persons with disabilities;
(b)The absence of a national action plan on accessibility for persons with disabilities, covering all areas, such as information and communications technology, including online bank platforms, and public transport, especially in rural areas and particularly for persons with sensory impairments and persons with psychosocial or intellectual disabilities.
16. The Committee recommends that the State party, in line with the Committee ’ s general comment No. 2 (2014) on accessibility:
(a) Adopt measures to increase the availability of information and statistical data on the accessibility of public and private buildings, including on the number of construction projects rejected due to non-compliance with accessibility standards, the number of complaints received for non-compliance, the sanctions imposed and the mechanisms available to persons with disabilities to enable them to file complaints regarding non-compliance with building standards;
(b) Develop, adopt and implement legislation and policies on the accessibility of facilities and services for persons with disabilities and introduce accessibility standards in public procurement, paying particular attention to persons with psychosocial or intellectual disabilities, allocating sufficient resources and providing effective sanctions for non-compliance;
(c) Ensure that persons with disabilities and their representative organizations are involved in and meaningfully consulted on and can monitor the development of any accessibility plan;
(d) Pay attention to the links between article 9 of the Convention and targets 9.C, 11.2 and 11.7 of the Sustainable Development Goals, with a view to providing access to safe, affordable, accessible and sustainable information and communications technology and transport systems for all, notably by expanding public transport systems, and providing universal access to safe, inclusive, accessible and green public spaces, particularly for persons with disabilities.
Right to life (art. 10)
17.The Committee is concerned about the lack of measures to prevent crimes against persons with disabilities, particularly persons with albinism, and to protect victims and prosecute perpetrators.
18. The Committee recommends that the State party take the measures necessary to prevent criminal behaviour towards persons with disabilities, particularly persons with albinism, sometimes resulting in death, and to provide protection to victims of those crimes and bring perpetrators to justice.
Situations of risk and humanitarian emergencies (art. 11)
19.The Committee is concerned about:
(a)The lack of a national disaster risk reduction plan to support persons with disabilities, especially persons with psychosocial or intellectual disabilities and persons who are blind or visually impaired, in situations of risk and in humanitarian emergencies;
(b)The lack of access to information in accessible formats, including emergency-related information on evacuation systems, transportation and available shelters.
20. The Committee recommends that the State party:
(a) Ensure the inclusion and effective participation of and meaningful consultation with persons with disabilities, through their representative organizations, in the Civil Defence Directorate and in designing the national emergency management plan;
(b) Adopt and implement a comprehensive emergency and disaster risk reduction strategy that is inclusive of and accessible to persons with disabilities in all situations of risk, in line with the Sendai Framework for Disaster Risk Reduction 2015–2030;
(c) Adopt measures to ensure the provision of information in accessible formats for persons with disabilities, especially for persons who are deaf, persons with psychosocial or intellectual disabilities and women and children with disabilities, on the accessibility of humanitarian aid and the inclusion of such persons in humanitarian aid strategies, including emergency-related information on evacuation systems, transport and shelters.
Equal recognition before the law (art. 12)
21.The Committee is concerned about:
(a)The lack of measures to replace substituted decision-making regimes with supported decision-making regimes that respect the autonomy, rights, will and preferences of persons with disabilities in all areas of life;
(b)The lack of legislation and other policy measures to ensure that persons with disabilities, particularly persons with psychosocial or intellectual disabilities, enjoy their legal capacity on an equal basis with others, including their capacity to enter into contracts, open bank accounts and take out bank loans and mortgages, and marry a partner of their choice;
(c)The lack of data on persons with disabilities still under guardianship, disaggregated by age, sex and type of impairment.
22. Recalling its general comment No. 1 (2014) on equal recognition before the law, the Committee recommends that the State party:
(a) Repeal all legislation that allows for restricted legal capacity and substituted decision-making, and adopt legislation to ensure supported decision-making;
(b) Develop awareness-raising campaigns, in consultation with organizations of persons with disabilities, for all stakeholders, including the families of persons with disabilities, community members, civil servants, judges and social workers, on the recognition of the legal capacity of persons with disabilities and supported decision-making;
(c) Adopt measures to collect data on persons still under guardianship, disaggregated by age, sex and type of impairment, with a view to restoring the full legal capacity of all persons with disabilities.
Access to justice (art. 13)
23.The Committee is concerned about:
(a)The lack of access to justice for persons with disabilities as a result of barriers, including insufficient knowledge about disability issues within the judicial and law enforcement sectors, the lack of free legal assistance and procedural and age-appropriate accommodation, and the inaccessible physical environment within the justice system;
(b)The lack of trained professionals and qualified sign language interpreters in administrative and judicial proceedings for persons who are deaf, and the lack of documents in accessible formats to enable persons who are blind and persons with intellectual or psychosocial disabilities to participate in judicial proceedings.
24. The Committee recommends that the State party, in line with article 13 of the Convention and target 16.3 of the Sustainable Development Goals:
(a) Adopt measures to provide legal assistance and procedural and age-appropriate accommodation for persons with disabilities and to ensure accessibility in all court buildings, tribunals, police stations, prisons and places of detention;
(b) Ensure that professional, qualified sign language interpreters and other communication support measures are available within the judicial system, including documents in accessible formats such as Braille, tactile and Easy Read, in order to ensure the effective participation of all persons with disabilities in all judicial and administrative proceedings;
(c) Conduct regular training programmes and awareness-raising campaigns and provide information for judicial staff, judges, prosecutors and law enforcement officers, including police and prison officers, to help them to understand the need to ensure access to justice for persons with disabilities;
(d) Adopt concrete measures to support and empower persons with disabilities to work in the justice system as judges, prosecutors and lawyers, with the provision of the necessary support and budgetary allocations to improve access to justice for persons with disabilities.
Liberty and security of the person (art. 14)
25.The Committee is concerned about the deprivation of liberty of persons with disabilities, including children and particularly persons with psychosocial or intellectual disabilities, on the basis of impairment or alleged “mental illness”.
26. The Committee recommends that the State party take note of the Committee ’ s guidelines on article 14 (2015), repeal provisions and practices that allow for the deprivation of liberty of adults and children with disabilities on the basis of actual or perceived impairment, and introduce legal recourse for persons with disabilities at risk of being deprived of their liberty, including through institutionalization.
Freedom from torture and cruel, inhuman or degrading treatment or punishment (art. 15)
27.The Committee is concerned about:
(a)Reported cases of torture or inhuman or degrading treatment of persons with disabilities, particularly persons with albinism and autistic persons;
(b)The lack of accessible community-based services for persons with disabilities, especially women and girls with disabilities, who are exposed to torture or inhuman or degrading treatment and the lack of sanctions for perpetrators.
28. The Committee recommends that the State party:
(a) Adopt legal provisions and concrete administrative measures to protect persons with disabilities, particularly children and women with disabilities, persons with albinism and persons with psychosocial or intellectual disabilities, from torture and other cruel, inhuman or degrading treatment or punishment;
(b) Adopt measures aimed at supporting victims through providing legal advice, information in accessible formats, counselling and redress, including compensation and rehabilitation.
Freedom from exploitation, violence and abuse (art. 16)
29.The Committee is concerned about:
(a)The lack of specific legislation, policies and programmes to protect persons with disabilities, particularly women and girls with intellectual or psychosocial disabilities, persons with albinism and children with disabilities, from all forms of violence, abuse and economic exploitation;
(b)The lack of accessible information on access to counselling and redress, including compensation and rehabilitation;
(c)The lack of mechanisms for identifying, investigating and prosecuting cases of exploitation, violence and abuse against persons with disabilities and the lack of disaggregated data on related reports, investigations and prosecutions in line with article 16 (3) of the Convention.
30. The Committee recommends that the State party:
(a) Adopt and implement legislation, policies and programmes to protect all persons with disabilities, particularly women and children with disabilities, persons with psychosocial or intellectual disabilities and persons with albinism, from all forms of violence and abuse, including corporal punishment;
(b) Promptly conduct investigations into cases of exploitation, violence and abuse against persons with disabilities, prosecute suspects, duly sanction perpetrators, ensure that victims are provided with effective redress, including compensation and rehabilitation, and ensure that child victims have access to age-appropriate reporting channels that respect privacy and to physical and psychological rehabilitation and health services, including mental health services;
(c) Expedite the implementation of article 16 (3) of the Convention and Act No. 2005-02 of 25 April 2005 on trafficking in persons.
Liberty of movement and nationality (art. 18)
31. The Committee is concerned that children with disabilities are not always registered after birth and therefore sometimes lack birth certificates, without which they have no access to social equality cards or other social programmes.
32. The Committee recommends that the State party ensure that children with disabilities are registered after birth and that they are granted the legal documents necessary for the enjoyment of their rights.
Living independently and being included in the community (art. 19)
33.The Committee is concerned about the continued marginalization of persons with disabilities, especially persons affected by leprosy and persons with psychosocial or intellectual disabilities, and their lack of participation in everyday activities. It is also concerned about:
(a)The lack of a well-defined legislative framework on deinstitutionalization and independent living community support services to encourage the inclusion of persons with disabilities;
(b)The limited level of awareness among persons with disabilities of available independent living support services, including personal assistance services, and the inaccessibility of those services for persons affected by leprosy, persons with physical disabilities, persons with disabilities in rural areas and migrant workers with disabilities;
(c)The absence of home- and community-based care for children with disabilities, especially in rural areas.
34. The Committee, in line with its general comment No. 5 (2017) on living independently and being included in the community, recommends that the State party:
(a) Adopt concrete measures to promote the right of persons with disabilities to live independently and be included in the family and community;
(b) Systematically provide information to all persons with disabilities, including persons affected by leprosy and migrant workers with disabilities and their families, on how to access support services and assistance that would enable those persons to live independently according to their choices, particularly in rural areas;
(c) Take all measures necessary to ensure the accessibility of community services and facilities for all persons with disabilities in all areas of life, and ensure home- and community-based care for children with disabilities, including in rural areas;
(d) Provide budgetary allocations to ensure that all persons with disabilities, including persons affected by leprosy, can decide where, how and with whom they wish to live, and provide the nesessary accompanying community support services, including personal assistance.
Personal mobility (art. 20)
35.The Committee is concerned about the challenges faced by persons with disabilities in acquiring necessary mobility aids and assistive devices, including assistive technologies, and about the lack of orientation and mobility practitioners and teachers to train persons with physical disabilities and persons who are blind or visually impaired, particularly in remote and rural areas, on the use of their assistive aids and devices.
36. The Committee recommends that the State party:
(a) Take all steps necessary, together with local, national and international partners, to ensure that necessary mobility aids and assistive devices and technologies are affordable for persons with disabilities, including by promoting local production, providing government and tax subsidies, and waiving taxes and custom charges;
(b) Provide training for orientation and mobility practitioners and teachers in the use of mobility aids and assistive devices and technologies for persons with physical disabilities and persons who are blind or visually impaired, particularly in remote and rural areas.
Freedom of expression and opinion, and access to information (art. 21)
37.The Committee is concerned about:
(a)The lack of recognition of sign language as an official language in the State party;
(b)The limited number of teachers and relevant professionals trained in the use of sign language and tactile, Braille and Easy Read formats, particularly for persons who are deaf, deafblind, blind or visually impaired and persons with intellectual disabilities;
(c) The fact that websites and television channels do not provide information in accessible formats for persons with disabilities, particularly those who are blind, deaf or hard of hearing.
38. The Committee recommends that the State party:
(a) Adopt concrete measures to recognize and promote sign language as an official language;
(b) Develop a pool of qualified sign language interpreters and teachers and other relevant professionals trained in the use of tactile, Braille and Easy Read formats;
(c) Adopt appropriate legislation and take effective measures to ensure that all websites are accessible for persons with disabilities, especially persons who are blind or visually impaired, and that television channels provide news and programmes in accessible formats, including audio description, sign language and captioning, especially for persons who are blind, deaf or hard of hearing.
Respect for home and the family (art. 23)
39.The Committee is concerned about:
(a) The reported insufficient support for the families of persons with disabilities and the fact that such support is not available to all those families;
(b)The lack of education and information in accessible formats for persons with disabilities, including persons with psychosocial or intellectual disabilities, on sexual and reproductive health and rights, family planning and the right to marry.
40. The Committee recommends that the State party:
(a) Take measures to ensure support for the families of persons with disabilities, including support for parents with disabilities to raise their children at home;
(b) Take measures to provide access to information in accesible formats for persons with disabilities on the right to marry and sexual and reproductive health and rights, including family planning.
Education (art. 24)
41.The Committee is concerned about the lack of an inclusive education system in the State party, and in particular about the lack of:
(a)Educational opportunities in mainstream schools and vocational and technical training for persons with disabilities, especially girls and children who are deaf, blind or have intellectual or physical impairments;
(b)Training for teachers on the skills and competencies required to promote inclusive education, and the insufficient number of teachers proficient in sign language;
(c)Systematic data, disaggregated by sex and type of impairment, on the number and proportion of children with disabilities in mainstream schools receiving individualized support, and on the enrolment and dropout rates of children with disabilities.
42. The Committee recommends that the State party, in line with the Committee ’ s general comment No. 4 (2016) on the right to inclusive education:
(a) Adopt specific measures to eliminate discrimination against children with disabilities in schools and to provide individualized accommodation, and ensure that children with disabilities are treated with dignity and respect and that they benefit from effective school inclusion programmes;
(b) Take the measures necessary to transform the education system into an inclusive education system, including the adoption of legislation, policies and programmes with measurable indicators and timelines;
(c) Provide disaggregated data on the number of children with disabilities mainstreamed into the regular school environment with adequate teaching support measures to enable them to reach their full potential;
(d) Pay attention to the links between article 24 of the Convention and Sustainable Development Goal 4, particularly targets 4.5 and 4.A, to ensure equal access to all levels of education and vocational training and to build and upgrade education facilities that are disability-sensitive and safe.
Health (art. 25)
43. The Committee is concerned about:
(a)The challenges faced by persons with disabilities, particularly women and girls with disabilities, persons with psychosocial or intellectual disabilities and migrant workers with disabilities and their families, in accessing health-care services, and the overall inaccessibility of the physical environment of health-care facilities;
(b)The insufficient resources allocated to the health-care services required by persons with disabilities owing to their disabilities, particularly the sunscreen required by persons with albinism;
(c)The lack of training for health-care personnel on the rights of persons with disabilities, and particularly on how to ensure that persons with disabilities are treated in a respectful manner;
(d)The lack of information in accessible formats, including Braille, sign language and Easy Read, for persons with disabilities regarding services and educational programmes, particularly concerning sexual and reproductive health and rights, including the right to free and informed consent on health matters.
44. The Committee recommends that the State party:
(a) Adopt concrete measures to ensure that the built environment, including the health-care environment and all health-care facilities, is accessible to all persons with disabilities in all regions of the State party, including rural areas, and that quality health care is made available to all persons with disabilities, including women and girls with disabilities and migrant workers and members of their families;
(b) Provide sufficient budgetary allocations for the health sector to provide health care for persons with disabilities on an equal basis with others, particularly to cover the costs of services required by those persons owing to their disabilities, such as sunscreen for persons with albinism;
(c) Integrate the human rights model of disability into the training curriculum of health-care professionals, emphasizing that medical services and treatment for persons with disabilities should be respectful and dignified, and provided with the free, prior and informed consent of all persons with disabilities;
(d) Provide information in accessible formats, including Braille, sign language and Easy Read, for persons with disabilities, particularly persons with sensory or intellectual disabilities and women, girls and young persons with disabilities, regarding the services and educational programmes available and particularly concerning sexual and reproductive health and rights, in line with target 3.7 of the Sustainable Development Goals.
Work and employment (art. 27)
45. The Committee is concerned about:
(a) The low rate of employment of persons with disabilities in the open labour market, particularly women with disabilities, and the reluctance of employers to recruit persons with disabilities;
(b) Barriers to employment faced by persons with disabilities, including the inaccessibility of the physical environment of workplaces, the lack of support and individualized accommodation provided to persons with disabilities and the lack of information provided to employers about the capabilities of persons with disabilities;
(c) The lack of protection and compensation offered to migrant workers who have acquired an impairment in the workplace.
46. The Committee recommends that the State party:
(a) Adopt an effective plan to increase the rate of employment of persons with disabilities, particularly women with disabilities, in the open labour market, and expedite the effective implementation of article L180 of the Labour Code to ensure that 15 per cent of accessible jobs are set aside for persons with disabilities;
(b) Ensure that the built environment of workplaces is accessible and adapted for persons with disabilities, especially persons with mobility disabilities, and provide employers at all levels with training on respecting and applying individualized support and accommodation;
(c) Ensure that migrant workers with disabilities, including migrant domestic workers, are fully and equally protected by the Labour Code, and that workers who have acquired an impairment as a result of their work in the State party receive appropriate treatment, rehabilitation and compensation;
(d) Pay attention to the links between article 27 of the Convention and target 8.5 of the Sustainable Development Goals to ensure full and productive employment and decent work for all, including persons with disabilities.
Adequate standard of living and social protection (art. 28)
47.The Committee is concerned about the lack of an effective social protection scheme, including provisions to cover disability-related expenses, to ensure access for persons with disabilities and their families to an adequate standard of living.
48. The Committee recommends that the State party:
(a) Adopt measures to establish a social protection scheme that guarantees an adequate standard of living for persons with disabilities and covers additional disability-related expenses;
(b) Pay attention to the links between article 28 of the Convention and target 10.2 of the Sustainable Development Goals to empower and promote the economic inclusion of all persons, irrespective of their disability status.
Participation in political and public life (art. 29)
49.The Committee is concerned about:
(a)The exclusion of persons with psychosocial or intellectual disabilities and persons deprived of their legal capacity from voting and the electoral process in general;
(b)The inaccessibility of the voting environment and lack of electoral materials and information in accessible formats for all persons with disabilities;
(c)The lack of training for election officials to address the requirements of persons with disabilities at polling centres.
50. The Committee recommends that the State party:
(a) Repeal all legislation that excludes persons with psychosocial or intellectual disabilities and persons deprived of their legal capacity from voting and involvement in the electoral process;
(b) Adopt effective measures to ensure the accessibility of the voting environment, including the provision of electoral materials and information in accessible formats for all persons with disabilities;
(c) Take the measures necessary to include persons with disabilities, including women with disabilities, in the voting and electoral process, and provide appropriate training for election officials on the rights of persons with disabilities, at all stages of the electoral process.
Participation in cultural life, recreation, leisure and sport (art. 30)
51. The Committee is concerned that the State party has not yet ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.
52. The Committee encourages the State party to adopt all measures necessary to ratify and implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled as soon as possible.
C. Specific obligations (arts. 31–33)
Statistics and data collection (art. 31)
53.The Committee is concerned about the inadequate quantitative and qualitative information, including appropriately disaggregated statistical and research data, provided in the report of the State party. It is also concerned that disability issues are not included in the monitoring indicators for the implementation of the Sustainable Development Goals and that the dissemination of statistical information among persons with disabilities is not in accessible formats.
54. The Committee recommends that the State party actively and meaningfully consult and collaborate with persons with disabilities, through their representative organizations, in its efforts to increase the collection of data and statistics on disability. It recommends that the State party adopt measures to utilize the set of questions established by the Washington Group on Disability Statistics in data collection, and pay attention to the links between article 31 of the Convention and target 17.18 of the Sustainable Development Goals to significantly increase the availability of high-quality, timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts. The Committee also recommends that the State party analyse those data in order to formulate and implement policies to give effect to the Convention.
International cooperation (art. 32)
55.The Committee is concerned about the insufficient consultation with and inclusion of organizations of persons with disabilities in the design and implementation of international agreements and programmes, and that there is no disability perspective sufficiently mainstreamed into the national implementation and monitoring of the 2030 Agenda for Sustainable Development.
56. The Committee recommends that the State party:
(a) Adopt measures to ensure the effective participation and inclusion of and consultation with persons with disabilities, through their representative organizations, in international agreements and programmes, specifically in the monitoring of the 2030 Agenda for Sustainable Development;
(b) Take the measures necessary to ratify the Protocol to the African Charter on Human and Peoples ’ Rights on the Rights of Persons with Disabilities in Africa, adopted in 2018 by the African Commission on Human and Peoples ’ Rights .
National implementation and monitoring (art. 33)
57.The Committee is concerned about:
(a)The limited effectiveness of the focal points within government relating to the implementation of the Convention;
(b)The lack of clarity on the designation of the entities that compose the independent mechanism for the monitoring and implementation of the Convention in line with article 33 (2) of the Convention;
(c)The lack of measures to ensure meaningful consultation with and the effective participation of organizations of persons with disabilities in the adoption of policies and other matters affecting them.
58. The Committee recommends that the State party:
(a) Strengthen and build the capacity of focal points within government to implement the Convention;
(b) Take into account the guidelines on independent monitoring frameworks and their participation in the work of the Committee (CRPD/C/1/Rev.1, annex) and the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), and designate an adequate framework to monitor and implement the Convention;
(c) Take the measures necessary to strengthen consultation with and the participation of persons with disabilities through their representative organizations, including those that represent women and children and older persons with disabilities, persons with psychosocial or intellectual disabilities and persons with disabilities in rural areas, when adopting policies and in other matters that concern those persons.
Cooperation and technical assistance
59. Under article 37 of the Convention, the Committee can provide technical guidance to the State party on any queries addressed to the experts through the secretariat. The State party can also seek technical assistance from United Nations specialized agencies with offices in the country or the region.
IV.Follow-up
Dissemination of information
60. The Committee emphasizes the importance of all the recommendations contained in the present concluding observations. With regard to urgent measures that must be taken, the Committee would like to draw the State party ’ s attention to the recommendation contained in paragraph 16, on accessibility.
61. The Committee requests the State party to implement the recommendations contained in the present concluding observations. It recommends that the State party transmit the concluding observations for consideration and action to members of the Government and parliament, officials in relevant ministries, local authorities and members of relevant professional groups, such as education, medical and legal professionals, as well as to the media, using modern social communication strategies.
62. The Committee strongly encourages the State party to involve civil society organizations, in particular organizations of persons with disabilities, in the preparation of its periodic report.
63. The Committee requests the State party to disseminate the present concluding observations widely, including to non-governmental organizations and organizations of persons with disabilities, and to persons with disabilities themselves and members of their families, in national and minority languages, including sign language, and in accessible formats, and to make them available on the government website on human rights.
Next periodic report
64. The Committee requests the State party to submit its combined second, third and fourth periodic reports by 7 October 2024 and to include in them information on the implementation of the recommendations made in the present concluding observations. The Committee also requests the State party to consider submitting the above-mentioned reports under the Committee ’ s simplified reporting procedure, according to which the Committee prepares a list of issues at least one year prior to the due date set for the report of a State party. The replies of a State party to such a list of issues constitute its report.