Committee on the Rights of Persons with Disabilities

Concluding observations on the initial report of Slovenia *

I.Introduction

1.The Committee considered the initial report of Slovenia (CRPD/C/SVN/1) at its 373rd and 374th meetings (see CRPD/C/SR.373 and 374), held on 22 and 23 February 2018. It adopted the present concluding observations at its 386th meeting, held on 5 March 2018.

2.The Committee welcomes the initial report of Slovenia, which was prepared in accordance with the Committee’s reporting guidelines, and thanks the State party for its written replies (CRPD/C/SVN/Q/1/Add.1) to the list of issues prepared by the Committee (CRPD/C/SVN/Q/1).

II.Positive aspects

3.The Committee welcomes the progress achieved by the State party in implementing the Convention. In particular, it appreciates the adoption of the following legislation and public policies:

(a)The Personal Assistance Act, in 2017;

(b)The Action Programme for Persons with Disabilities (2014–2021);

(c)The Equalization of Opportunities for Persons with Disabilities Act, in 2012.

III.Principal areas of concern and recommendations

A.General principles and obligations (arts. 1–4)

4.The Committee is concerned about:

(a)The lack of harmonization of national legislation, policies and programmes with the provisions of the Convention and the persistence of a paternalistic approach to persons with disabilities underpinned by the medical and charity models of disability;

(b)A number of disability definitions that are not in compliance with the human rights model of disability, in particular definitions that are derogatory or describe the “unfitness” of persons to participate in regular education, independent life and work on the grounds of their impairment;

(c)Inappropriate translation of the Convention into Slovene;

(d)The lack of consultation with organizations of persons with disabilities aimed at ensuring their meaningful involvement in the design and implementation of disability-related legislation and programmes, and the reported undermining of the autonomy, impartiality and financial sustainability of the Foundation for the Financing of Disability and Humanitarian Organizations;

(e)The lack of awareness among decision makers in the executive and legislative branches and among professional and administrative staff about the obligations of the State party under the Convention, in all areas of life.

5. The Committee recommends that the State party:

(a) Conduct a review of its national legislation, policies and programmes and bring them into line with the provisions of the Convention, including the various definitions of disability in legislation, and align it with the human rights model of disability;

(b) Review the current official translation of the Convention into Slovene with a view to ensuring accuracy in all accessible formats;

(c) Ensure timely, thorough and full consultations with representative organizations of persons with disabilities at all stages of decision-making processes, particularly when designing, implementing and monitoring disability-related legislation, programmes and measures, pursuant to the rights enshrined in the Convention. The State party should ensure the impartiality and autonomy of the Foundation for the Financing of Disability and Humanitarian Organizations and provide for its sustainable funding for the promotion and realization of the rights of persons with disabilities, in line with the Convention;

(d) Provide persons in positions of responsibility at the regional and national level, including members of the National Assembly and the Government, judges and court staff, health-care professionals, social workers, providers of mobility aids and other administrative and professional staff, with training in the rights of persons with disabilities and the State party ’ s obligations under the Convention. The State party should develop such training, in close cooperation and collaboration with representative organizations of persons with disabilities.

B.Specific rights (arts. 5–30)

Equality and non-discrimination (art. 5)

6.The Committee is concerned about:

(a)The absence of public policies and measures focusing on and prioritizing equality and the protection of persons with disabilities against all forms of discrimination, and the failure to recognize that the denial of reasonable accommodation is a form of disability-based discrimination;

(b)The lack of capacity, coordination and measurable impact of the focal points designated to combat discrimination, and the absence of effective affirmative action in this regard;

(c)Multiple and intersectional forms of discrimination against persons with disabilities, including Roma, Sinti and members of other ethnic groups, and the lack of information about discrimination against lesbian, gay, bisexual, transgender or intersex persons with disabilities.

7. The Committee recommends that the State party:

(a) Enact legislation that explicitly recognizes and sanctions the denial of reasonable accommodation, across all areas of life, as a form of disability-based discrimination;

(b) Strengthen the capacity and role of the focal points designated to combat discrimination, including discrimination against persons with disabilities, and provide them with adequate resources and the capacity to respond effectively to cases of disability-based discrimination, including the denial of reasonable accommodation and multiple and intersectional discrimination;

(c) Explicitly incorporate in its anti-discrimination legislation, policies and strategies, the recognition of multiple and intersectional discrimination based on sex, age, ethnic background or sexual orientation or on migrant, asylum-seeking, refugee, disability or any other status. The Committee also recommends that the State party provide for judicial and quasi-judicial remedies in cases of discrimination in the public or private sector, disseminate information among persons with disabilities about such remedies, provide redress and all adequate compensation, and establish sanctions for perpetrators;

(d) Take into account article 5 of the Convention in implementing targets 10.2 and 10.3 of the Sustainable Development Goals.

Women with disabilities (art. 6)

8.The Committee is concerned about:

(a)The lack of specific legislation and policies regarding the rights of women and girls with disabilities, as well as insufficient measures to address multiple and intersectional discrimination against them;

(b)The lack of specific measures to protect women and girls with disabilities, especially those with psychosocial and/or intellectual disabilities and those living in institutions, from gender-based violence;

(c)The fact that poverty disproportionately affects women with disabilities, especially older women, and that the economic crisis and subsequent austerity measures have had a negative impact on them;

(d)The underrepresentation of women with disabilities in decision-making processes related to legislation and public policies on disability;

(e)The lack of specific and up-to-date information and data on the situation of women and girls with disabilities.

9. With reference to its general comment No. 3 (2016) on women and girls with disabilities, and taking into account targets 5.1, 5.2 and 5.5 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Adopt a twin-track approach by mainstreaming the rights of women with disabilities across all national action plans and strategies concerning women ’ s rights in general and equality between women and men, but also in sectoral plans concerning access to justice, action against violence, education, health, political participation, employment, and social protection; and by adopting targeted and monitored measures aimed specifically at supporting and empowering women with disabilities;

(b) Provide women and girls with disabilities, especially women and girls with intellectual and/or psychosocial disabilities, with specific protection measures and redress in cases of gender-based violence against them, ensure the dissemination of information in accessible formats about available remedies and provide for the effective prosecution and sanctioning of perpetrators;

(c) Redress the consequences of austerity measures for women with disabilities, and adopt measures to address the root causes of exclusion and poverty affecting women with disabilities, paying particular attention to older women with disabilities;

(d) Adopt measures to ensure the participation of women with disabilities in decision-making processes at the local and national levels, including by facilitating the establishment and functioning of organizations of women with disabilities and their access to financial resources, and adopt legislation requiring authorities to consult with representative organizations of women with disabilities;

(e) Allocate sufficient resources to conduct research and collect statistical data on the situation of women and girls with disabilities, disaggregated by age, geographical area, type of impairment, family situation and place of residence.

Children with disabilities (art. 7)

10.The Committee is concerned about:

(a)The lack of an explicit and comprehensive prohibition of corporal punishment of children in all settings in the State party and the absence of specific measures to address violence against children with disabilities;

(b)The insufficient coordination of the provision of the necessary services for children with disabilities, among all persons in positions of responsibility;

(c)The lack of early assistance and the placement of children with disabilities in residential treatment institutions;

(d)The absence of mechanisms to ensure the participation of children with disabilities in decision-making processes affecting their lives, in particular the lack of mechanisms to ensure the right of children with disabilities to have their views taken into account on matters pertaining to them and their families, including their participation in all protection mechanisms.

11. Recalling the concluding observations adopted by the Committee on the Rights of the Child (CRC/C/SVN/CO/3-4, para. 38), the Committee recommends that the State party:

(a) Explicitly prohibit any kind of corporal punishment of children in all settings, including alternative care institutions, and adopt a strategy to monitor the situation of children with disabilities in alternative care, with a view to identifying all instances of violence against children with disabilities. The State party should ensure non-violent and participatory forms of child-rearing that include families with children with disabilities;

(b) Ensure effective coordination among the various parties involved in child protection;

(c) Adopt a national strategy, with benchmarks and with human, technical and financial resources, aimed at ensuring the full inclusion of children with disabilities in society, paying attention to the development of inclusive settings in early assistance, education, housing, health and all community services. The State party should ensure high-quality, independent monitoring of the living conditions of children with disabilities;

(d) Adopt measures to fulfil the right of children with disabilities to express their opinion on all matters that affect them, and to guarantee that they have disability- and age-appropriate support to realize that right, including in judi cial, administrative and policy making procedures.

Awareness-raising (art. 8)

12.The Committee is concerned about:

(a)Negative societal attitudes towards persons with disabilities, including the lack of awareness about their capabilities and rights, with particular reference to persons with psychosocial and/or intellectual disabilities;

(b)The absence of strategies, including awareness-raising campaigns, for combating stereotypes and prejudices against persons with disabilities.

13. The Committee recommends that the State party, in close cooperation with organizations of persons with disabilities:

(a) Adopt measures to raise public awareness about the rights of persons with disabilities in families, schools and society;

(b) Adopt an awareness-raising strategy, with the involvement of the mass media, to advocate respect for all persons with disabilities, regardless of their impairment, to promote their dignity and to highlight their capabilities and contributions to society.

Accessibility (art. 9)

14.The Committee is concerned at:

(a)Delays in the implementation of programmes and legislation to improve accessibility, such as the Accessible Slovenia Strategy and the Equalization of Opportunities for Persons with Disabilities Act, and failure to implement the minimum standards of accessibility of all goods and services available in the public and private sectors;

(b)The fact that numerous public buildings and services, including public transport, remain inaccessible, especially outside the capital;

(c)The failure to ensure digital accessibility or the accessibility of information and communication technology products and services or broadcasting services;

(d)The inadequacy of measures to ensure the accessibility of information and communication for persons with psychosocial and/or intellectual disabilities, despite the obligations contained in, inter alia, European Directive 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies.

15. With reference to the Committee ’ s general comment No. 2 (2014) on accessibility and Goal 9 and targets 11.2 and 11.7 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Ensure that the Accessible Slovenia Strategy and the Equalization of Opportunities for Persons with Disabilities Act are fully operational and effective, and, in addition, adopt clear accessibility standards and measures providing for sanctions for failure to comply with accessibility standards;

(b) Develop operational measures to ensure the accessibility of transport services and of all buildings open to the public and increase budget allocations for such measures, especially in areas outside the capital;

(c) Adopt a strategy to ensure accessibility in public procurement policy and require the private sector to adhere to accessibility policies;

(d) Ensure the full implementation of European Directive 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies, especially in the education system;

(e) Ensure the promotion and availability of alternative and augmentative modes of communication and information in Easy Read format.

Situations of risk and humanitarian emergencies (art. 11)

16.The Committee is concerned that legislation, protocols and plans relating to situations of risk and humanitarian emergencies do not sufficiently consider the specific requirements of persons with disabilities.

17. The Committee recommends that the State party, through active consultations with representative organizations of persons with disabilities, design and adopt specific regulations, plans and measures for the protection of persons with disabilities in situations of risk and emergency, in line with the Sendai Framework for Disaster Risk Reduction 2015–2030.

Equal recognition before the law (art. 12)

18.The Committee notes with concern the discriminatory legal provisions in the Non-Litigious Civil Procedure Act and the Family Code, which allow for the deprivation of the legal capacity, including business and procedural capacity, of persons with psychosocial and/or intellectual disabilities. It is concerned that the State party considers guardians to be a form of support, although they are appointed as substitute decision makers for persons with disabilities in various areas of life. It is also concerned about the absence of mechanisms to replace substitute decision-making with a supported decision-making regime.

19. Recalling its general comment No. 1 (2014) on equal recognition before the law, the Committee recommends that the State party repeal all discriminatory provisions allowing for deprivation of legal capacity on the basis of impairment and ensure that the amendment to the Family Code withdraws provisions for any form of substitute decision-making for persons with disabilities, in any area of life. It also calls upon the State party to establish a procedure aimed at restoring full legal capacity for all persons with disabilities and to develop and implement supported decision-making mechanisms that respect the autonomy, will and preferences of the person concerned.

Access to justice (art. 13)

20.The Committee is concerned about:

(a)The lack of information on specific procedural, gender- and age-appropriate accommodation for persons with disabilities in judicial proceedings, in particular for deaf-blind persons;

(b)The lack of accessibility of the buildings of law enforcement agencies and the judiciary;

(c)Barriers to access to justice for persons with psychosocial and/or intellectual disabilities, in particular persons living in institutions and/or deprived of their legal capacity;

(d)The fact that the State party has not formulated policies to empower persons with disabilities to be part of the justice system as direct or indirect participants, such as lawyers, court officers or law enforcement officials.

21. The Committee recommends that the State party ensure full access to the judicial system for persons with disabilities by, inter alia:

(a) Enacting appropriate legislation and implementing a strategy to ensure the removal of all barriers to access to justice by persons with disabilities and developing guidelines and protocols to provide procedural, gender- and age-appropriate accommodations based on the free choice and preference of persons with disabilities, including the provision of information and communications in accessible formats;

(b) Strengthening its efforts to ensure the accessibility of buildings of law enforcement agencies and the judiciary for all persons with disabilities;

(c) Implementing procedural accommodations and alternative formats of communication, paying due attention to the situation of deaf-blind persons and persons with psychosocial and/or intellectual disabilities, including those living in institutions, and increasing their legal awareness;

(d) Stepping up its efforts to empower persons with disabilities to be part of the justice system as direct and indirect participants, such as lawyers, court officials or law enforcement officials;

(e) Being guided by article 13 of the Convention in the implementation of target 16.3 of the Sustainable Development Goals.

Liberty and security of the person (art. 14)

22.The Committee is concerned about:

(a)Provisions in the State party’s Mental Health Act allowing for the detention of persons with psychosocial disabilities on the basis of their impairment and their treatment without consent in psychiatric hospitals;

(b)The placement without consent in secure wards, including overcrowded wards, in care institutions and psychiatric hospitals;

(c)The lack of reasonable accommodation, such as hygiene and medical care accommodation, in the penal system and in places of detention.

23. The Committee recommends that the State party:

(a) Conduct a review and repeal all legislation providing for the involuntary commitment and non-consensual psychiatric treatment of persons with disabilities on the grounds of their actual or perceived impairment in any circumstances, including alleged risk and dangerousness, taking into account the Committee ’ s guidelines on the right to liberty and security of persons with disabilities (see A/72/55, annex I);

(b) Ensure the integrity and security of persons with disabilities residing in institutions and hospitals, with full respect for their dignity and consent;

(c) Provide reasonable accommodation in the penal system and in places of detention, including in the form of suitable health care.

24. Furthermore, the Committee calls upon the State party to be guided by its obligations under article 14 of the Convention and by the above-mentioned guidelines throughout the regional discussions concerning the Additional Protocol to the Council of Europe Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (the Oviedo Convention).

Freedom from torture and cruel, inhuman or degrading treatment or punishment(art. 15)

25.The Committee is concerned at the reported cases of excessive use of force against persons in psychiatric institutions by judicial police officers and medical staff. It is also concerned about the use of electroconvulsive therapy on persons with disabilities. It is further concerned about the limited capacity of the national preventive mechanism of the Human Rights Ombudsman to effectively address allegations of torture and ill-treatment against persons with disabilities in institutions.

26. The Committee recommends that the State party eliminate the use of seclusion, physical, chemical or mechanical restraint or any other non-consensual medical treatment in all medical facilities, in particular psychiatric hospitals, that may amount to torture or cruel, inhuman or degrading treatment or punishment. It also recommends that the State party ensure that independent authorities and organizations of persons with disabilities have access, for monitoring purposes, to all facilities, including the Forensic Psychiatric Unit, and develop criteria for gender-sensitive and age-appropriate monitoring activities. It further recommends that the State party investigate all allegations of torture and ill-treatment in psychiatric institutions and prosecute perpetrators. The State party should provide fair and adequate compensation, reparation and rehabilitation measures for persons with disabilities who have been subjected to acts of torture and ill-treatment. The Committee recommends that the State party strengthen the capacity of the national preventive mechanism of the Human Rights Ombudsman and provide it with adequate human, technical and financial resources to effectively address allegations of torture and ill-treatment of persons with disabilities in institutions.

Freedom from exploitation, violence and abuse (art. 16)

27.The Committee is concerned at:

(a)Allegations of physical, psychological and sexual violence and abuse of persons with disabilities, especially women with disabilities, in the family and in institutional settings;

(b)The reported lack of measures of protection and redress for victims of violence and the absence of sanctions against perpetrators;

(c)The reported lack of monitoring and investigations to determine the causes of death of persons with disabilities in institutions and the absence of information on prosecutions for criminal offences or for abandonment.

28. Recalling the recommendations made by the Committee on the Elimination of Discrimination against Women (see CEDAW/C/SVN/CO/5-6, paras. 19–20), the Committee recommends that the State party:

(a) Adopt a strategy to prevent all forms of violence, abuse and ill-treatment, in public and private spheres, against persons with disabilities, in particular women with disabilities. The State party should ensure that the strategy includes information in Easy Read and other accessible formats and awareness-raising for persons with disabilities and their families;

(b) Provide persons with disabilities with early warning mechanisms that allow them to identify and report any situation of risk of violence, abuse and neglect. It should establish an expeditious procedure to respond to allegations of violence made by persons with disabilities and adopt preventive measures that are gender-sensitive and age-appropriate;

(c) Ensure that women and girls with disabilities who are exposed to violence can obtain access to the network of shelters and crisis centres, to legal, medical and psychological assistance and to effective remedies and adequate compensation;

(d) Conduct an investigation into all allegations of violence and abuse of persons with disabilities in institutions, expedite the investigation of suspicious causes of deaths of residents of institutions, provide redress to victims and sanction perpetrators. The State party should collect statistical data on the number of prosecutions and convictions and the sentences imposed on perpetrators.

Liberty of movement and nationality (art. 18)

29.The Committee in concerned about the lack of appropriate social and health-care services for migrants, asylum seekers and refugees with disabilities, in particular children with disabilities.

30. The Committee recommends that the State party mainstream the rights of persons with disabilities in its policies and programmes on migrants, asylum seekers and refugees and take measures to provide health and other support services for persons with disabilities who apply for international refugee protection.

Living independently and being included in the community (art. 19)

31.The Committee is concerned at the large number of persons with disabilities still residing in institutions because of the lack of an explicit policy, national and municipal capacity and measures for deinstitutionalization of persons with disabilities, and the insufficient provision of independent living services in the community. It is also concerned about the practice of transferring persons with disabilities from larger to smaller institutions and about plans to build new institutions.

32. With reference to the Committee ’ s general comment No. 5 (2017) on living independently and being included in the community, the Committee recommends that the State party:

(a) Adopt and implement a strategy and action plan, within a time frame, aimed at deinstitutionalization;

(b) Prevent any form of reinstitutionalization and provide sufficient funding for developing community-based independent living schemes;

(c) Allocate sufficient resources to ensure that services in the community are available, accessible, affordable, acceptable and accommodating of persons with disabilities, so that such persons may exercise their right to live independently and be included in their communities, in both urban and rural areas;

(d) Strengthen the national and municipal capacity to implement deinstitutionalization, in close cooperation with organizations of persons with disabilities.

Personal mobility (art. 20)

33.The Committee is concerned about the lack of mobility aids of sufficient quality available for persons with disabilities and the insufficient support for the acquisition of high-quality mobility aids and assistive technologies.

34. The Committee recommends that the State party ensure the availability and support for the acquisition of high-quality mobility aids and assistive technologies, tailored to individual requirements.

Freedom of expression and opinion, and access to information (art. 21)

35.The Committee is concerned about:

(a)Insufficient accessibility to all public and private information and communication services, including television and the Internet, for all persons with disabilities, especially persons with intellectual disabilities;

(b)The insufficient provision by public authorities at the national and municipal levels of sign language, Braille, augmentative and alternative communication and all other accessible means, modes and formats of communication, including Easy Read;

(c)The lack of implementation of the Slovene Sign Language Act.

36. The Committee recommends that the State party develop time-bound strategies and allocate a budget to ensure:

(a) The accessibility of information and communications provided by all public or private mass media services, including television and the Internet, for all persons with disabilities;

(b) The development of standards on the use of sign language, Braille, augmentative and alternative communication, including Easy Read, and all other accessible means, modes and formats of communication, including mobile applications, and their implementation throughout the public and municipal sectors;

(c) Recognition of Slovene Sign Language as an official language in the State party, the training of sign language and tactile interpreters and greater awareness of Slovene Sign Language among teachers, public authorities and parents.

Respect for home and the family (art. 23)

37.The Committee is concerned about:

(a)The lack of support and services for families, especially single female-headed families, that have members with disabilities, including children, as a result of which their risk of poverty and social exclusion is increased;

(b)The obstacles to marriage and the raising of children placed before persons with psychosocial and/or intellectual disabilities when their capacity for the exercise of their rights is assessed.

38. The Committee recommends that the State party:

(a) Adopt and develop support measures for families, including single female-headed families, that have a member with a disability, with a view to assuring them of a decent standard of living and social inclusion;

(b) Repeal all discriminatory provisions and practices preventing the right to marriage and parental responsibilities of persons with psychosocial and/or intellectual disabilities and ensure support for them in the exercise of their responsibilities.

Education (art. 24)

39.The Committee is concerned about:

(a)The existing parallel education systems, special and mainstream, for children with disabilities;

(b)The lack of concrete targets and provisions for implementing inclusive education in existing policies and legislation providing for inclusive education;

(c)The insufficient capacity of regular schools to provide for curriculum accommodation and inclusive learning environments and, in particular, the lack of skills and knowledge among teachers about inclusive teaching methodologies and the low expectations of the capacities of children with disabilities;

(d)The lack of accessibility and reasonable accommodation for persons with disabilities in tertiary education, including higher education institutions and vocational schools;

(e)Physical barriers to transport students with disabilities from their place of residence to school facilities.

40. Recalling its general comment No. 4 (2016) on the right to inclusive education and targets 4.5 and 4.a of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Recognize the right of all children with disabilities to inclusive education and abandon segregated education schemes;

(b) Adopt a strategy and action plan with a clear time frame for the implementation of inclusive education at all levels for all children with disabilities and, further, establish a comprehensive monitoring system to assess the progress of inclusive education;

(c) Strengthen the capacity of inclusive schools to train teachers in inclusive education, curriculum accommodation and teaching methods. The State party should enhance the quality of educational support by adopting an individualized approach to children with disabilities and their capacity-building;

(d) Provide lifelong learning for persons with disabilities and ensure accessibility and reasonable accommodation in all tertiary education institutions, including vocational and higher education schools;

(e) Provide transport services for students with disabilities from their place of residence to their education facilities.

Health (art. 25)

41.The Committee is concerned about the lack of accessibility and availability of health services for persons with disabilities, especially deaf-blind persons and persons with psychosocial and/or intellectual disabilities.

42. The Committee recommends that the State party ensure the accessibility and availability of health services for all persons with disabilities, whatever their impairment and wherever they live, whether in institutions or elsewhere. It also recommends that the State party ensure universal access to sexual and reproductive health-care services, including family planning, information and education, and integrate the right to reproductive health into national strategies and programmes, as set out in target 3.7 of the Sustainable Development Goals. The Committee further recommends that the State party pay due attention to the links between article 25 of the Convention and target 3.8 of the Sustainable Development Goals and ensure the implementation of the Health Care and Health Insurance Act.

Habilitation and rehabilitation (art. 26)

43.The Committee is concerned at the inadequate availability of rehabilitation and the ineffectiveness of the rehabilitation system.

44. The Committee recommends that the State party ensure the accessibility of habilitation and rehabilitation services and programmes and provide comprehensive, multidisciplinary and individualized support for persons with disabilities, especially women and children with disabilities.

Work and employment (art. 27)

45.The Committee is concerned about:

(a)The persistence of sheltered workplaces that promote the charity approach and preserve the segregation of persons with disabilities in the labour market, especially that of persons with intellectual disabilities, by qualifying them as “unemployable”;

(b)The exposure of persons with disabilities to the risk of losing their income when they become self-employed;

(c)The lack of implementation of the employment quota system, the absence of reasonable accommodation in the workplace and the asymmetric requirements for quotas in the public and private work sectors.

46. The Committee recommends that the State party:

(a) Adopt measures aimed at promoting an inclusive, open and accessible labour market in all sectors for all persons with disabilities;

(b) Create specific incentives for employers and provide reasonable accommodation for persons with disabilities, particularly for persons with intellectual disabilities, aimed at facilitating their inclusion in the open labour market;

(c) Ensure the safeguarding of all incomes, including disability pensions for self-employed persons with disabilities;

(d) Ensure equal requirements for employment quotas in the public administration and information services and other work sectors, and monitor their implementation. The State party should collect data on compliance with the quota system and provide for adequate sanctions in cases of non-compliance.

Adequate standard of living and social protection (art. 28)

47.The Committee is concerned about:

(a)The high level of poverty among persons with disabilities, especially persons with psychosocial and/or intellectual disabilities and women with disabilities;

(b)The disproportionately negative impact on persons with disabilities of the austerity measures taken by the State party to deal with the economic crisis, such as cuts in unemployment insurance, health insurance, health care, social assistance and allowances for persons with disabilities, and the insufficient remedial action taken in this regard;

(c)The limited availability and accessibility of public housing for persons with disabilities;

(d)The absence of positive measures to provide taxation relief in respect of pensions and disability insurance for persons with disabilities living in poverty, delays in providing a disability pension and insurance for persons with a physical disability and unsympathetic interactions on the part of the authorities with persons with disabilities;

(e)The lack of measures addressing the rights of older persons with disabilities.

48. In the light of the links between article 28 of the Convention and target 1.3 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Ensure the efficiency and effectiveness of social protection and poverty reduction programmes for persons with disabilities, especially persons with psychosocial and/or intellectual disabilities;

(b) Restore all support measures curtailed under the austerity policy and prevent any hardship that may be faced by persons with disabilities whose income was reduced as a result of that policy;

(c) Ensure the accessibility of public housing for persons with disabilities, disseminate information about available and affordable housing in accessible formats and engage with the private sector with a view to promoting the development of accessible housing units;

(d) Implement positive measures to provide taxation relief in respect of pensions and disability insurance for persons with disabilities living in poverty;

(e) Recognize the right of persons with disabilities to receive a full disability pension and insurance through the relevant legal and administrative mechanisms;

(f) Ensure a dignified and inclusive social protection system for older persons with disabilities.

Participation in political and public life (art. 29)

49.The Committee is concerned at:

(a)The fact that persons presumed “incapable of understanding the meaning, purpose and effect of elections” because of their impairment are denied the right to vote, and the lack of accessible voting materials for persons with intellectual disabilities;

(b)The low participation in political and public life of persons with disabilities, especially women with disabilities.

50. The Committee recommends that the State party:

(a) Ensure the right of all persons to vote, whatever their impairment, and provide them with supported decision-making, including accessible voting materials for all persons with disabilities, regardless of their impairment;

(b) Enable persons with disabilities, in particular women with disabilities, to exercise their political rights, including the right to stand for public office and participate in the conduct of public affairs.

Participation in cultural life, recreation, leisure and sport (art. 30)

51.The Committee notes with concern that the State party has yet to ratify 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 appropriate measures 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 lack of systematic collection of disaggregated data on persons with disabilities and their social condition, including the barriers that they face in society.

54. Bearing in mind target 17.18 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Develop systematic data collection and reporting procedures, through the Disability Information System of the State Commission and representative organizations of persons with disabilities, that are in line with the Convention and take into account the Washington Group Short Set of Questions on Disability;

(b) Collect, analyse and disseminate disaggregated data on its population with disabilities, including data disaggregated by sex, age, ethnicity, type of impairment, socioeconomic status, employment and place of residence, as well as data on the barriers that persons with disabilities face in society and their level of poverty.

International cooperation (art. 32)

55.The Committee is concerned about the failure of international support programmes relating to persons with disabilities, including programmes using European Union funds, to deliver the rights enshrined in the Convention. It is also concerned about the barriers to the recognition of the national umbrella organization of persons with disabilities as a legal entity, since lack of recognition restricts its access to international cooperation. It is further concerned about the insufficient application of the human rights-based approach to disability in the efforts to implement the Sustainable Development Goals.

56. The Committee calls upon the State party to involve representative organizations of persons with disabilities in international cooperation and to ensure that any funding invested in services for persons with disabilities complies with the State party ’ s obligations under the Convention and as a member of the European Union. It also recommends that the State party incorporate a disability rights-based perspective into all efforts aimed at achieving the Sustainable Development Goals. It further recommends that the State party facilitate the acquisition by the national umbrella organization of the status of legal entity enabling it to participate in international cooperation.

National implementation and monitoring (art. 33)

57.The Committee is concerned about:

(a)The lack of capacity of the designated focal point, namely the Ministry of Labour, in coordinating the implementation of the Convention across different sectors and at different levels;

(b)The lack of independence, capacity and resources of the Council of Slovenia for Persons with Disabilities designated as the independent monitoring framework for the implementation of the Convention;

(c)The lack of meaningful involvement of representative organizations of persons with disabilities in monitoring the implementation of the Convention.

58. The Committee recommends that the State party:

(a) Reinforce the role and capacity of the designated focal points in coordinating the implementation of the Convention across different sectors and at different levels;

(b) Set up an independent monitoring mechanism that adheres to the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) and provide it with adequate funding, bearing in mind the guidelines on independent monitoring frameworks and their participation in the work of the Committee (see CRPD/C/1/Rev.1, annex);

(c) Ensure the full involvement of organizations of persons with disabilities in the monitoring tasks under the Convention and provide them with the funding necessary for this purpose.

IV.Follow-up

Dissemination of information

59. The Committee requests the State party to implement the recommendations contained in the present concluding observations, giving particular priority to the implementation of the recommendation contained in paragraph 58 (national implementation and monitoring).

60. The Committee recommends that the State party transmit the concluding observations for consideration and action to members of the Government and the National Assembly, officials in relevant ministries, the judiciary and members of relevant professional groups, such as education, medical and legal professionals, as well as to local authorities, the private sector and the media, using modern social communication strategies.

61. 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.

62. 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

63. The Committee requests the State party to submit its combined second to fourth periodic reports by 24 May 2022 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.