Committee on the Rights of Persons with Disabilities

Twentieth session

27 August–21 September 2018

Item 5 of the provisional agenda

Consideration of reports submitted by parties to the Convention under article 35

List of issues in relation to the initial report of Algeria

Addendum

Replies of Algeria to the list of issues * , **

[Date received: 8 June 2018]

A.Purpose and general obligations (arts. 1–4)

1.The process of revising legislation and aligning it with international treaties and the new realities of Algerian society is ongoing. Act No. 02-09 of 8 May 2002 applies to all persons with disabilities, whether they have a motor, visual, hearing or mental disability.

2.Under article 2 of Executive Decree No. 14-204 of 15 July 2014, a disability is defined as any limitation affecting the exercise of one or more basic activities of daily personal and social living caused by an impairment of mental and/or motor and/or physiological/sensorial functions, experienced by any person, in his or her environment, irrespective of age or sex.

3.The cross-cutting prevention programmes provided for in Executive Decree No. 17-187 of 3 June 2017 can be grouped according to their lines of action, as follows:

Prevention of disability during childbirth, the postnatal period, early childhood, adolescence, adulthood and old age

Prevention of disability associated with risks in the living environment

Prevention of disability through measures to tackle preventable disabilities

Prevention of disability associated with insecurity and poverty

4.Under Algerian law, disabilities are no longer assessed on the basis of deficiencies but by looking at the impact of disability, including mental disability, on the daily lives of the persons concerned.

5.The State provides persons with disabilities with a full range of social benefits through programmes involving financial assistance and compensation for the costs of disability, including during an institutional stay, in accordance with the laws and regulations in force. These programmes cover such benefits as:

A financial allowance granted to persons with a degree of disability of 100 per cent

A financial allowance granted to persons with a degree of disability of less than 100 per cent

Social security for persons with disabilities who do not work

Education, including vocational training, for children with disabilities

Adaptation of vehicles or housing

Technical or human assistance

Transport for persons with disabilities

Specialist care, and functional re-education and rehabilitation

Coverage of the cost of purchasing, installing, repairing and replacing prosthetic and orthopaedic devices

Creation of conditions enabling persons with disabilities to reach their full potential through sport, recreation and adaptation to the environment

6.Citizens’ disabilities may not, under any circumstances, be mentioned as “particular signs”, which is the term used to refer to distinguishing facial marks such as beauty spots or freckles.

7.The National Council for Persons with Disabilities is a forum for meetings and exchanges between different government ministries, public institutions and associations working in the field of disability. It is composed of 47 members, of whom 19 represent ministerial departments, 8 public institutions and 10 associations, while 10 are representatives of the parents of children and adolescents with disabilities.

8.The organizations representing persons with disabilities form part of every commission and committee responsible for establishing strategies and programmes for the development of the rights of persons with disabilities. For example, 4 of the 29 members of the commission for the access of persons with disabilities to the physical, social, economic and cultural environment are representatives of federations and associations that work in the field of disability.

B.Specific rights (arts. 5–30)

Equality and non-discrimination (art. 5)

9.There is no provision in the Algerian Constitution that promotes or encourages discrimination against persons with disabilities.

10.Act No. 02-09 of 8 May 2002 stipulates that the provision of reasonable accommodation is a national obligation intended to ensure that education and vocational training are provided to children and adolescents with disabilities and that persons with disabilities are included in society and the labour market, including through the creation of jobs, and earn a minimum income.

11.State institutions, public establishments, social security bodies, associations, groups, public and private bodies and individuals are combining their efforts and actions in order to implement this obligation, with a view to ensuring that the rights of persons with disabilities are promoted and protected.

12.No candidate may be excluded, on the basis of his or her disability, from a professional examination leading to employment if he or she has the skills required for and capabilities consistent with the job in question. It is for the State to bear the cost of adapting the workplace concerned.

13.In article 295 bis 1 of the Criminal Code, the offence of discrimination is defined in accordance with article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination. This Act provides that the term “discrimination” means any distinction, exclusion, restriction or preference based on sex, race, colour, descent, national or ethnic origin or disability that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other sphere of public life.

14.Under the Criminal Code, custodial penalties and fines are imposed for the acts of discrimination set out above.

15.Between 2014 and the first quarter of 2018, no one was prosecuted for or convicted of the offence of discrimination against persons with disabilities under article 295 bis 1 of the Criminal Code.

Women with disabilities (art. 6)

16.The Constitution prohibits all forms of discrimination on grounds of race, sex, opinion, or any other personal or social status or circumstance. It stipulates that the State must strive to promote the political rights of women by increasing their opportunities to be represented in elected assemblies and to foster equality between men and women in the labour market. It also encourages the promotion of women to positions of responsibility in public institutions and authorities and in private companies.

17.In the social sphere, labour relations, social security and retirement benefits are governed by legislation that prohibits all forms of discrimination. Academic and professional qualifications, skills and merit are the sole criteria used to decide between candidates for a job or promotion.

18.The legal arsenal for combating violence against women has been strengthened by the new amendments made to the Criminal Code pursuant to Act No. 15-19 of 30 December 2015, criminalizing all forms of violence against women and girls, without distinction.

19.This text has been amended and supplemented through the introduction of the concept of harassment in public places and in marital relations, in addition to workplace harassment, which is classed as a form of violence against women workers.

20.A special scheme, which includes the provision of a toll-free number (15-27), is in operation throughout the country. Counselling and victim-support centres have been opened in police stations and courts for the reception and accommodation of victims of violence and the provision of medical, social and psychological care and legal assistance. Support in becoming economically independent is also provided to victims who are in need or who request such support.

21.Women with disabilities enjoy the same entitlement as other women to the full range of social benefits, including breast cancer screening and treatment, in line with the National Cancer Plan (2015–2019) launched by the President of the Republic. All services are available free of charge.

22.In order to preserve the dignity and protect the fundamental rights of children and of divorced women who have the right of custody, and in order to address their material needs, new measures have been taken to provide them with material and financial support in the form of maintenance payments from a special fund. An interministerial order establishes the documents that must be submitted when applying for financial benefits from the maintenance fund.

Children with disabilities (art. 7)

23.Under the Constitution of 6 March 2016:

The family enjoys the protection of the State and society

The family, society and the State protect the rights of the child

The State assumes responsibility for abandoned children and those without a family

24.Concerning the incorporation of the rights of children with disabilities into national policies and strategies, the action taken by the State in that regard is based on continuous assessment of the needs and expectations of such children and is aimed at preventing all forms of insecurity and exclusion. Act No. 15-12 on the protection of children is a legal framework that applies to all children whatever their situation, including children with disabilities. It provides both social and legal protection for children who are in difficulty and/or at risk.

25.A national body for the protection and promotion of children has been established with the aim of promoting children’s rights through such measures as:

Establishing programmes for the protection and promotion of children’s rights and periodically assessing such programmes in coordination with various actors

Following up on action taken

Organizing awareness-raising, information-sharing and communication activities

Ensuring that civil society plays a role in monitoring and promoting children’s rights

Implementing a national system of information on the situation of children in Algeria

26.The national body is called on to investigate all situations in which children’s rights are violated, irrespective of whether the violation takes place in a family, educational, institutional or public setting. It is also charged with protecting and promoting children’s rights in coordination with the various government departments and agencies, the persons responsible for safeguarding children, the different stakeholders in this area and civil society.

27.On that basis, the national body has carried out several initiatives for the protection and promotion of children’s rights, including:

The establishment of a permanent coordination committee, chaired by the National Child Protection Ombudsman and composed of representatives of 15 ministerial departments, the Directorate General of National Security, the High Command of the National Gendarmerie, civil society and organizations that work with children

The launch of 1111 the toll-free hotline to receive complaints of violations of children’s rights

The establishment of a unit responsible for receiving reports at the headquarters of the national body

The launch of the national body’s website, www.onppe.dz, which has a dedicated window for the online reporting of cases of children at risk

The organization of visits to services responsible for child protection, educational institutions that specialize in working with children with disabilities and hospital facilities that care for children with disabilities in order to put forward proposals for improving their functioning and organization

The collection of data for the establishment of an information system on the situation of children in Algeria (including children with disabilities) in coordination with the departments and institutions concerned and the validation of a first set of indicators related to child protection, health, education and social protection

The strengthening of the capacities of actors working in the field of child protection through the organization of training courses aimed at:

Social workers, including those responsible for the protection of children with disabilities

Heads of department at open institutions mandated to ensure the social protection, at the local level, of children at risk and to assist their families

Heads of brigades for the protection of vulnerable groups under the Directorate General of National Security

Civil society organizations, including those working to protect children with disabilities

The celebration of all national and international events for children, with the participation of children, including those with disabilities.

28.The National Child Protection Ombudsman is drafting the annual report on the situation of the rights of all children, which contains a chapter devoted to children with disabilities and the status of implementation of the Convention on the Rights of the Child.

29.The report will be submitted to the President of the Republic and will be published and disseminated to the public.

30.The Criminal Code provides for harsh penalties for offences that violate the physical or mental integrity of children, irrespective of their gender. The age of the victim is a key factor: it is sometimes an essential element of the offence and sometimes an aggravating circumstance.

31.The Government’s action plan on national solidarity for the period 2015–2019 is aimed at simplifying the procedures for the admission of children with disabilities to nursery facilities by ensuring that they are provided with special care and prepared for enrolment in mainstream schools.

32.As part of the programme of cooperation with the United Nations Children’s Fund (UNICEF), the Government has undertaken activities aimed at improving the care provided to children with disabilities in children’s care homes in five pilot wilayas (governorates). The homes in question have received technical support and training for staff, including through the life project and the institution project.

Number of children with disabilities cared for in specialized institutions (2017)

Establishments	Number	Number of children	Children with d isabilities
Girls	Boys	Girls	Boys
Nursery facilities	2 434	52 247	52 009	485	762
Children ’ s care homes	53	583	687	213	225
Facilities specializing in safeguarding children and adolescents	49	8	1 728	2	18

33.In addition to the benefits provided by the State, all low-income families that include a person with a disability benefit from support measures, including the provision of:

School materials and aids for children with disabilities and children in need

Clothing for Eid festivities

Nappies for children and adults, drainage bags and catheters etc.

Food products specifically required to treat certain illnesses

Wheelchairs and spectacles for children with visual impairments

Equipment and devices for persons with sensory disabilities, including hard-of-hearing and deaf persons

Assistive equipment and devices that provide protection

Equipment, devices and technical and educational aids for persons with disabilities

34.Financial support is provided annually to the national associations of parents of children with disabilities. In 2017, a total of 41 million Algerian dinars was granted to 23 national associations of parents of children with disabilities.

35.All children with cerebral palsy receive appropriate care and are looked after in health facilities and services offering functional rehabilitation.

36.Eight psychological and educational centres accommodating 502 children with motor disabilities are in operation; these children include 264 with a form of cerebral palsy that restricts their autonomy and requires the use of special means to facilitate their educational, social and vocational integration.

Awareness-raising (art. 8)

37.An action programme is in place to ensure that associations working in the field of disability participate in information and awareness-raising campaigns on disability. Support is provided at all levels — local, regional and national — and takes the form of guidance, training for the associations’ managerial staff and financial assistance.

38.In 2017, the associations took an active part in marking and organizing the following events:

The Maghreb Day of Persons with Disabilities, on 2 December

The International Day of Persons with Disabilities, on 3 December

The Arab Day of Persons with Disabilities, on 13 December

A national seminar entitled “Vocational habilitation and rehabilitation: a factor in the social and professional integration of persons with disabilities”, on 14 March 2017

39.Actions to raise awareness of factors that cause or aggravate disability are carried out in coordination with the associations and sectors concerned, with particular attention being paid to consanguinity, hereditary diseases, regular monitoring of pregnancies, road traffic and domestic accidents, addictive behaviour (smoking, alcoholism, drug addiction), ill-treatment and violence.

40.Media outlets help to combat the stereotypes and prejudices surrounding disability by working with associations and organizations active in that field to ensure that the rights and dignity of persons with disabilities are respected. Media outlets also help to facilitate access to information by directly involving persons with disabilities in the conception, design, creation and broadcasting of programmes.

41.This approach has resulted in 688 radio broadcasts between 2012 and 2018, including 288 in 2017, and television programming catering for this section of the population throughout the year.

42.Two spots on the rights of children with disabilities were produced in conjunction with UNICEF and broadcast on Algerian radio.

43.The Criminal Code establishes penalties for any alleged act prejudicial to the honour or reputation of individuals, including persons with disabilities. In addition, incitement to hatred among citizens or residents is an offence punishable under article 296.

Accessibility (art. 9)

44.Current legislation requires all stakeholders to comply with technical standards on access for persons with disabilities to the built environment and facilities open to the public by establishing an obligation to conform to specific standards (National Standard No. 16227) governing the technical approval of infrastructure. The standards in question relate to the design of passageways, the minimum dimensions required for the movement and handling of wheelchairs and the priority allocation of ground-floor dwellings to persons with disabilities.

45.On 22 April 2018, an agreement was signed to establish mechanisms for monitoring and inspecting work relating to the accessibility of buildings and facilities open to the public.

46.In addition, the competent authorities have adopted practical orders to ensure that persons with disabilities enjoy optimum access to land transport, including in cities.

47.In order to disseminate and mainstream the culture of accessibility, pilot initiatives have been carried out, including: the pilot project “Algiers: an Accessible City”; the routine adaptation of the communal parts of residential buildings and their surroundings; and the enhancement of the accessibility of transport infrastructure through the introduction of lifts in the Algiers underground, the tram system and the high-speed, long-distance rail network.

48.Access by persons with disabilities to the various information and communication services and technologies is being enhanced through the universal post and telecommunications service, which has taken responsibility for ensuring that public educational establishments and specialized public establishments for persons with disabilities are connected to the Internet.

49.By way of example, a total of 6,644 educational establishments of all types have been connected and 5,715 others are in the process of being connected.

50.The commission on accessibility of the physical, social, economic and cultural environment does not have its own budget for monitoring and evaluating accessibility standards. The costs associated with its work are included in the operating budget of the Ministry of National Solidarity.

51.In 2017, five persons with disabilities initiated legal proceedings in respect of violations of the regulations governing the allocation of ground-floor dwellings.

Situations of risk and humanitarian emergencies (art. 11)

52.In situations of risk and emergencies, the national solidarity system organizes emergency response actions for victims. To this end, mobile teams provide assistance and psychological support to persons with disabilities. They provide care for persons with disabilities who are homeless or in street situations. These efforts are stepped up in winter.

53.Some 2,269 homeless persons with disabilities were cared for by the mobile support and emergency social services in 2015–2017, including 1,859 persons with mental impairments and 410 with physical or sensory impairments.

54.The National Office for Assistive Devices provides persons with disabilities who are in need and/or have no family with equipment and personal care aids within the framework of a tailored, multidisciplinary care package offered as a supplement to the assistance offered by the emergency social service.

55.Since 2008, initial and in-service training programmes for psychologists, social workers and educators have included modules related to crisis situations, including a psychological trauma module on the care of persons in crisis situations and disasters, as well as persons with disabilities.

Equal recognition before the law (art. 12)

56.At this time, the Government does not consider it necessary to make any changes to the existing legal framework in this area, which addresses all the concerns raised and is not inconsistent with the Convention.

57.Under article 386 of the Criminal Code, the act of dispossessing a person of property by illegal means is an offence. With regard to the victims of such acts of dispossession, the article does not define any particular group, with the result that it encompasses all victims of this crime, including persons with disabilities.

Access to justice (art. 13)

58.See paragraphs 54 and 55.

59.The policy of the justice sector with regard to persons with motor disabilities, blind persons and deaf-mute persons is aimed at facilitating their access to all court buildings throughout the national territory and creating a non-discriminatory environment for persons with disabilities, as mentioned in paragraphs 10, 11, 42, 43 and 44.

60.More specifically, the following measures are being taken:

Facilitation of access to all court buildings and creation of a non-discriminatory environment for persons with disabilities, using the same means as were employed for the general public

Provision of specially equipped lawyers’ offices (with suitable desks and chairs, microphones, and Braille printers and screens)

Establishment of a reception and guidance service for this category of person

Establishment of a single point of access to lawyers equipped with means of communication in sign language, Braille manuals and screens

Organization of training sessions in sign language for registrars

Installation of equipment and of a printer fitted with a system for translating judgments and judicial decisions into Braille

Drafting of a brochure to be used as a guide for disseminating legal information in Arabic, French and Braille with an audiovisual compact disc containing a translation into sign language

Number of persons with disabilities who have received legal aid

Year	2014	2015	2016	2 017	First quarter of 2018
Number of persons	471	517	514	579	197

61.Owing to the specific nature of the professions of judge and lawyer, article 26 of Executive Decree No. 16-159 of 30 May 2016 and article 34 of Act No. 13-17, which establishes the conditions of access to these two professions, provide that applicants must meet certain standards of physical and psychological fitness.

Liberty and security of the person (art. 14)

62.The initial training programme for prison staff includes a module on human rights and the United Nations Standard Minimum Rules for the Treatment of Prisoners. This training is provided at the National Academy for Prison Officers.

63.The following points should be noted in relation to prisoners with disabilities:

Prisoners with reduced mobility are provided with wheelchairs to help them move around and are housed on the ground floor.

Prisoners with disabilities receive medical check-ups according to their degree of disability. Those in need of artificial limbs (prostheses or orthoses) are guided and supported by a specialized hospital service under the Ministry of Health, and all related costs are funded from the prison budget.

Prisoners with a mental disability are monitored by a psychiatrist.

Depending on their degree of disability, support in the form of specialist national programmes, including the youth employment scheme and the social safety net scheme, is provided to prisoners with disabilities when they are released in order to facilitate their reintegration.

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

64.In 2016, two cases of ill-treatment were registered by the following courts:

Adrar Criminal Court: a case involving an adult woman with disabilities

Biskra Criminal Court: a case involving an adult man with disabilities

65.The perpetrators of these acts have been punished

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

66.Thanks to the training and retraining provided for staff and the awareness-raising work carried out, there have been no registered cases of violence against children with disabilities in educational and specialized educational establishments run by the Ministry of National Solidarity, the Family and Women.

67.The judicial mechanisms available for investigating complaints brought by victims of human rights violations or their dependants or representatives are those set out in national legislation: specifically, grievances may be raised by filing a complaint with a criminal investigation service (police or gendarmerie) or with an official of the Public Prosecution Service, or by suing for damages in criminal proceedings before an investigating judge.

68.These three mechanisms, which are available to all citizens, provide for the punishment of perpetrators and, once the final decision has been issued, reparation for the harm suffered by victims.

69.In order to ensure that persons with disabilities can assert their rights before the courts, they are given legal aid by right (article 28 of Ordinance No. 71-57 of 5 August 1971 on legal aid, as amended and supplemented).

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

70.By ratifying the Convention, Algeria reaffirmed its moral and political commitment to taking measures to equalize opportunities for persons with disabilities. Through the mechanisms and programmes that have been put in place, the Government is focusing on areas of critical importance to ensure that persons with disabilities enjoy a good quality of life and equal participation in social, political, economic and cultural life.

71.Through its local units, the Social Development Agency contributes to the inclusion and empowerment of persons with disabilities, establishing programmes, schemes and social surveys. Local units support persons with disabilities and/or families that include persons with disabilities through the following actions:

Surveying and identifying the needs of persons with disabilities

Providing counselling to persons with disabilities living in remote areas

Offering social mediation (introduction of the disability card, financial support, integration into the labour market etc.)

Combating all forms of social marginalization and exclusion of persons with disabilities through catch-up and social inclusion programmes

72.Home-based care is provided for in Executive Decree No. 11-380 of 21 November 2011 on the organization of the central administration of the Ministry of Health, Population and Hospital Reform; a central structure (the sub-directorate for community health facilities and home-based care) has been established within the Ministry.

73.Home-based care was launched in 2015 (through Order No. 136 of 27 December 2015, included in the annex). It is intended for older persons, persons with disabilities, persons with a long-term health condition, persons suffering from acute chronic diseases and dependent persons who are no longer autonomous and have difficulty travelling to health-care facilities (article 2 of the above-mentioned Order).

74.In 2017, nearly 87 per cent of local public health-care institutions offered this service and over 70,000 care interventions were provided.

Personal mobility (art. 20)

75.The Algerian State pays the social security contributions of persons with disabilities who do not work, in accordance with Act No. 83-11 of 2 July 1983 on social security. Eligible persons with disabilities receive in-kind benefits, including medical care, hospital care, medication, laboratory tests, spectacles, dental care and dentures, equipment, thermal cures and functional rehabilitation. Uninsured persons with disabilities are provided with the same services in the context of the support measures listed below, which involve the provision of:

Wheelchairs and three-wheeled vehicles

Equipment and devices for persons with sensory disabilities, including hard-of-hearing and deaf persons

Assistive equipment and devices

Spectacles for persons with visual impairments

Equipment, devices and technical and educational aids for children with disabilities

Human assistance

Adapted training positions and workplaces

76.Where equipment is concerned, in accordance with its statute, the National Office for Assistive Devices is a public-service body (Executive Decree No. 14-273 of 29 September 2014 amending and supplementing Decree No. 88-27 of 9 February 1988).

77.A provision to this effect will be included in the amendments to Executive Decree No. 04-381 of 28 November 2004 on the establishment of road traffic rules.

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

78.In 2013, in collaboration with the National Federation of Persons with Disabilities, and with the support of architects, training on access by persons with disabilities to their environment was provided to radio journalists.

79.The Government guarantees equal access to information and communication technologies at all levels of society. Major projects are under way involving the deployment of a national network of over 100,000 kilometres of optical fibre and the launch of 4G landline and mobile technology to allow citizens to connect to broadband Internet.

80.Broadband Internet gives persons with disabilities access to a range of online services that eliminate the need to make unnecessary journeys and to downloadable applications, including free software for blind persons, that facilitate their daily interactions with others.

81.A guide to Algerian Sign Language has been developed by a group of sign language specialists, who have unified the signs used across the different regions of the country. The recognition of Algerian Sign Language as an official State language has made it necessary to create a dictionary and a lexicon of Algerian Sign Language.

Respect for privacy (art. 22)

82.See paragraphs 35, 36, 37, 38, 39, 40 and 41.

Respect for home and the family (art. 23)

83.The State strives to enable vulnerable persons with specific needs to exercise the rights established for all other citizens, with particular emphasis being placed on their integration into community life.

84.Support programmes for the families of children with disabilities involve the provision of financial and material assistance, social and educational support and support in specialist establishments (interministerial order signed on 2 August 2017).

Education (art. 24)

85.The following arrangements are made for the admission to school of students with disabilities:

Partial integration

86.This approach involves opening special classes for children with disabilities in primary schools, middle schools and upper secondary schools in coordination with the Ministry of National Solidarity, the Family and Women and associations working in this field; the Ministry of National Education is responsible for providing classrooms and standard school equipment, while the Ministry of National Solidarity, the Family and Women, or the associations concerned, are responsible for ensuring the availability of specialized teaching staff and suitable technical equipment.

Full integration

87.This approach involves placing children with disabilities in mainstream classes; the presence of a teaching assistant is sometimes necessary in order to facilitate their inclusion.

88.Within this framework, the Ministry of National Education is responsible for the following categories of students.

(a)Children with sensory impairments

Children who are blind or have visual impairments

89.The number of students who are blind or have visual impairments and were partially integrated and taught in special classes in State schools and the number of such students who were fully integrated into mainstream classes in the 2017/18 school year are shown in the table below:

Students who are blind or have visual impairments
School year	Number of special classes	Number of students in special classes	Students integrated into mainstream classes
2017/18	5	25	612

Hard-of-hearing or deaf-mute children

90.The number of hard-of-hearing or deaf-mute students who were partially integrated and taught in special classes in State schools and the number of such students who were fully integrated into mainstream classes in the 2017/18 school year are shown in the table below:

School year	Number of special classes	Number of students in special classes	Students integrated into mainstream classes
2017/18	152	1 117	2 986

(b)Children with mild mental impairments

91.In the context of inclusive education, special classes for children with Down syndrome, children with mental impairments and autistic children have been opened in primary and middle schools in coordination with the Ministry of National Solidarity, the Family and Women and associations working in this field, including the National Association for the Educational and Vocational Integration of Persons with Down Syndrome and the National Autism Association of Algeria.

92.The number of students with mental impairments who were partially integrated and taught in special classes in State schools and the number of such students who were fully integrated in mainstream classes in the 2017/18 school year are included in the table below:

Students with mild mental impairments
School year	Number of special classes	Number of students in special classes	Number of students integrated into mainstream classes
2017/18	411	3 388	8 126

(c)Children with motor disabilities

93.The needs of children with motor disabilities are catered for as a matter of course in schools unless their disability means that they require personal assistance. The following organizational and educational measures are taken to facilitate access by children with motor disabilities to school buildings, their mobility within schools and the conduct of teaching activities, so as to ensure that they are included in the school community:

Enrolling children with motor disabilities in the schools that are closest to their homes without taking catchment areas into account

Ensuring that classes in which children with motor disabilities are enrolled meet in rooms on the ground floor, where possible

Establishing close and continuous relationships between the parents and the school in order to improve the education of students with disabilities

Ensuring that educational activities are adapted to students’ disabilities

Comprehensive table summarizing the admission arrangements for children with special needs

School year	Number of special classes	Number of pupils in special classes (partial integration)	Number of students integrated into mainstream classes (full integration)
2017/18	568	4 530	32 550

94.With regard to the right to education, the Government has been working to implement the national policy for the inclusion of children with disabilities by putting in place appropriate regulatory measures to better cater for their needs, as follows:

Extending the length of schooling by two years, if needed, for students with disabilities

Publishing school textbooks in Braille for the three levels of education (primary, middle and upper secondary)

Enabling students with sensory disabilities who live in remote regions to board in State schools

Taking the following measures for the benefit of students with sensory impairments (blind students) sitting official examinations:

Extending the duration of the tests that make up official examinations for the benefit of such students

Ensuring that every student is allocated an assistant who reads out the examination questions and writes down the answers dictated by the student

Providing catering and school transport services to students with disabilities who are taught in special classes and live in remote areas

Providing free textbooks to needy students attending specialized institutions run by the Ministry of National Solidarity, the Family and Women

Taking organizational and educational measures to facilitate access by children with motor disabilities to school buildings, their mobility within schools and the conduct of teaching activities

Issuing permits to enable school support workers to enter schools on a temporary basis pending the regularization of these arrangements, in coordination with the ministry concerned, and the definition of the role of school support worker

Issuing to associations on request permits to open classes in schools

Within the framework of international cooperation on inclusive education, establishing a training system to instruct a group of inspectors in new educational methods to cater for students with special needs

By way of positive discrimination, taking an exceptional measure to benefit students with special needs (that is, students who are blind, deaf-mute or autistic or who have Down syndrome) in the fourth year of middle school or the fifth year of primary school, whereby all such students in the fourth year of middle school whose annual average grade in continuous assessments is equal to, or greater than, 10/20 are allowed to progress to secondary school and all such students in the fifth year of primary school whose annual average grade in continuous assessments is equal to, or greater than, 5/10 are allowed to progress to the first year of middle school, with the aim of keeping those students motivated.

95.The Ministry of National Education and the Ministry of National Solidarity, the Family and Women are jointly implementing a mechanism intended to expand the inclusion of children with disabilities in the mainstream school system, consisting in the promotion of special classes for children with hearing or visual impairments or with mild mental impairments who cannot be admitted to regular classes. Special classes are taught by special education teachers and instructors as well as by competent specialized staff reporting to specific bodies under the Ministry of National Solidarity, the Family and Women.

Health (art. 25)

96.There are seven hospitals specializing in functional rehabilitation in the country. These hospitals provide rehabilitative care and also manufacture prostheses.

97.In addition, there are over 20 functional re-education and rehabilitation services in hospitals, including teaching hospitals. Outpatient functional rehabilitation is provided at local centres with the appropriate technical capacity.

98.The National Social Security Fund manages health centres that specialize in physical medicine and rehabilitation and care for the following persons:

49 children at the Bordj El Kiffan centre

775 patients at the clinic specializing in orthopaedics, rehabilitation and care for victims of work-related accidents

99.Reproductive health is an integral part of national health policy and an essential component of national population and development policy.

100.Women with disabilities enjoy the same access as other women to the full range of sexual and reproductive health services. This encompasses not only services that are intended in general to enhance access to quality family planning, but also other activities aimed at mothers and children, including those relating to safe motherhood, the prevention and treatment of infertility and sexually transmitted diseases, screening for genital cancers and the prevention of all forms of violence.

101.Since the early 1990s, the institutional mechanism responsible for implementing reproductive health-care policies and programmes has been significantly strengthened and the related human and material resources have undergone substantial development.

102.Family planning services are currently provided at 1,407 out of a total of 1,637 polyclinics, or 86 per cent of the total, and at 1,372 treatment points.

103.Health care is provided to landmine victims in accordance with the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction.

104.Any person injured by a landmine is entitled to emergency care, hospital care, functional rehabilitation, equipment, support and counselling.

105.With regard to measures aimed at raising awareness of the dangers of mines and the precautions to be taken, health education sessions led by school health teams are included in the national school health programme for the wilayas situated along the eastern and western borders of the country.

Work and employment (art. 27)

106.The Government devotes particular attention to persons with disabilities. To that end, it has enacted a framework law and regulations aimed at protecting and promoting that section of the population and ensuring their integration into society and the labour market. Examples of such regulations include those contained in article 16 of Act No. 90-11 and article 27 of Act No. 02-09 of 8 May 2002.

107.A project aimed at facilitating the integration of persons with disabilities into the labour market was launched on 11 January 2017. This project, which is intended to promote the right to work of persons with disabilities and prevent them from being socially excluded, forms part of the programme supporting the implementation of the association agreement between Algeria and the European Union. Under this project, the national vocational training centre for persons with physical disabilities in Tipaza has been designated to develop methods and tools for the adaptation of workplaces and the training of trainers in this field.

108.The following decentralized services in the wilayas are responsible for monitoring and assessing the quota system to promote the right to work of persons with disabilities:

The social welfare and solidarity office

The employment office

The labour inspectorate

The occupational health office

The wilaya treasury and financial comptroller

The civil service inspectorate

109.From 2005 to 31 March 2018, 1,522 persons with disabilities engaged in professional activities, with the breakdown by disability type as follows:

Persons with disabilities Type of disability	Women	Men	Total
Motor	386	681	1 067
Auditory	116	169	285
Visual	47	123	170
Total	549	973	1 522

110.An evaluation of the implementation of laws and regulations relating to the employment of persons with disabilities in public institutions and administrations and public and private enterprises is currently being conducted by the authorities concerned.

111.Article 91 of the 2014 Finance Act, relating to the financial contributions made by employers who do not ensure that at least 1 per cent of posts are filled by persons with disabilities, regulates the subsidies granted to employers who adapt and equip workplaces for persons with disabilities under agreements established with the State and the local authorities.

112.Executive Decree No. 14-214 of 30 July 2014 has been issued to establish the procedures for setting aside jobs, determining the employer’s financial contribution and providing grants for the adaptation and equipping of workplaces for persons with disabilities. These measures do not apply to employers with fewer than 20 employees. Where there are more than 20, the employer is required to pay a fixed annual financial contribution.

113.An interministerial order of 4 October 2017 establishes the content of, and procedures for processing, the technical and financial documents that employers must submit in order to receive the subsidies granted for adapting and equipping workplaces for persons with disabilities.

114.Employers who wish to comply with the 1-per-cent rule by setting aside posts for persons with disabilities must request the services of the institutions responsible for inclusion, such as the National Employment Agency, so that persons with disabilities who are available for work and meet the requirements of the posts in question can be proposed for their consideration.

115.To date, no requests for funding for the adaptation of workplaces have been made by employers. However, some of the costs of adapting workplaces have been borne by employers.

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

116.Persons with disabilities benefit from the same measures as other persons under the national poverty reduction strategy, without any discrimination. Exceptionally, the standard solidarity allowance is paid to persons with disabilities even if they are not heads of household and are under 60 years of age. The special schooling allowance is granted to heads of household with a child with a disability, irrespective of their income.

117.Persons with disabilities who are not working receive benefits in kind and benefit from the third-party payment system.

118.In accordance with article 73 of Act No. 83-11 on social insurance, persons with physical and mental disabilities are exempt from paying contributions.

119.Persons with disabilities in financial difficulty who are provided with a 4,000-dinar allowance can benefit from all the measures intended to facilitate their employment, including the adaptation of workplaces. However, they are prohibited by law from receiving income from other sources.

120.See paragraph 115.

Participation in political and public life (art. 29)

121.Under national legislation, individuals are defined as lacking legal capacity when they have been deprived by a court decision of their civil and political rights. Such individuals include prisoners, adults specified in article 81 of the Family Code and persons subject to interdiction under articles 101 to 108 of the Family Code.

122.As detailed in the report, and pursuant to Act No. 12-01 on the electoral system, persons with disabilities can receive assistance when performing their duty to vote. This assistance concerns the logistics of the process (access to the polling station, access to a dedicated area, the height of the ballot box etc.) rather than the choice that they must personally and confidentially make.

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

123.Act No. 13-05 of 23 July 2013 on the organization and development of physical and sporting activities sets out the regulatory framework for ensuring the rights and obligations of athletes with special needs. It governs the practice of elite and high-level sport and the development of sports, leisure and recreational activities and provides for the establishment of two national sports structures and bodies to that end: the Algerian Disabled Sports Federation and the Algerian Deaf Persons Sports Federation.

124.The Algerian Disabled Sports Federation comprises 25 wilaya leagues, 137 amateur sports clubs and 4,063 licensed athletes, including 590 women and girls. The Federation is responsible for managing competitions, competitive sports events and sports and recreational activities for persons with disabilities in the disciplines of athletics, judo, goalball, wheelchair basketball, sitting volleyball, power lifting, swimming and football, in all age, gender and disability categories.

125.The Algerian Deaf Persons Sports Federation comprises 14 wilaya leagues, 27 amateur sports clubs and 1,300 licensed athletes, including 500 women and girls. The Federation is responsible for managing competitions, competitive sports events and sports and recreational activities for deaf-mute persons in the disciplines of athletics, football, futsal, pétanque, table tennis and chess, in all age and gender categories, through specialized establishments for young deaf persons.

126.The following specific measures have been taken by the authorities responsible for the sports sector:

Signing of an interministerial agreement on the promotion and development of physical and sporting activities for persons with disabilities

Provision of financial, material and human support to both the federations responsible for athletes with disabilities

Funding of elite and high-level athletes and management of results-based allowances and annual payments for athletes who win medals and titles in international sporting competitions

Monitoring of the careers of elite and high-level athletes with disabilities, including the granting to them of jobs and promotions on an exceptional basis, in conjunction with the institutions and actors concerned

Standardization of sports infrastructure and equipment (stadiums, municipal and local sports centres, sports training camps and academies, swimming pools etc.) to facilitate access for persons with disabilities

Definition of a nomenclature and of the type of equipment required by athletes with disabilities for competition and regular use

127.Regarding the specific measures taken to promote leisure and recreational activities, it should be mentioned that:

The Ministry of Youth has over 1,000 youth centres, 202 youth hostels and 500 cultural centres, managed by the communes, where programmes of activities for young people are organized.

Young persons with disabilities have the same access to the activities carried out in these institutions as other young persons. The programmes in question, which focus on culture, science, leisure, tourism and exchanges, are aimed at helping young people manage their free time.

128.When youth centres are set up, specific adaptations are made so as to offer dedicated spaces for young persons with disabilities, including the installation of access ramps and handrails.

129.The Government ensures the strict application of the regulatory provisions on quotas for young persons with disabilities, including in holiday and leisure centres for young people.

130.Concerning the partnership established with community organizations in the selection of youth projects, particular attention is paid to the integration and involvement of young people with special needs, irrespective of the theme on which the associations base the projects.

C.Specific obligations (arts. 31–33)

Statistics and data collection (art. 31)

131.A section of the draft questionnaire for the sixth general population and housing census, 2020, focuses on disability. This draft will be discussed with all relevant partners, including civil society.

International cooperation (art. 32)

132.Associations are involved in every international cooperation project and programme, including the twinning project with France that forms part of the programme to support the implementation of the association agreement between Algeria and the European Union (2017/2019) (P3A), entitled “Capacity-building support for the Ministry of National Solidarity, the Family and Women in its comprehensive strategy to promote the inclusion of persons with disabilities in the labour market”.

133.On 14 March 2015, the National Day of Persons with Disabilities, the Government and the federation Handicap International signed a framework partnership agreement with the aim of defining the areas of cooperation and the roles and responsibilities of each party in respect of the implementation of the agreement. The overall goal of the partnership is to improve the participation of persons with disabilities in community life through the associations working in this area in Algeria, in accordance with the principles of the Convention.

134.There are no restrictions on partnerships with foreign associations, provided that a bilateral agreement setting out the rights and obligations of the parties is signed. The purpose of the agreement must be consistent with the mandate of the association and, if funding is to be obtained from abroad, the traceability and destination of the funds must be specified in advance.

National implementation and monitoring (art. 33)

135.Once the provisions of Executive Decree No. 06-145 of 26 April 2006 on the membership, working arrangements and responsibilities of the National Council for Persons with Disabilities have been revised, the Council will have the following main tasks:

Monitoring the implementation of the Convention

Contributing to the drafting of periodic reports submitted by Algeria to the mechanisms and forums of the United Nations and regional institutions in accordance with its international obligations

136.It should be noted that 43 per cent of the members of the National Council for Persons with Disabilities are representatives of associations or parents of children and adolescents with disabilities.