United Nations

CRPD/C/ALB/Q/1/Add.1

Convention on the Rights of Persons with Disabilities

Distr.: General

5 August 2019

Original: English

English, Russian and Spanish only

Committee on the Rights of Persons with Disabilities

Twenty-second session

26 August–20 September 2019

Item 5 of the provisional agenda

C onsideration of reports submitted by parties to the Convention under article 35

List of issues in relation to the initial report of Albania

Addendum

Replies of Albania to the list of issues *

[Date received: 30 July 2019]

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

Reply to paragraph 1 of list of issues

1.Ratification of the UN Convention on the Rights of Persons with Disabilities in 2012 initiated changes in the legal framework in accordance with the standards set out in the convention. Law No. 93/2014 “On the Inclusion and Accessibility of Persons with Disabilities” and the National Action Plan for Persons with Disabilities 2016–2020 were adopted aiming at improving the quality of life and effective inclusion of persons with disabilities (PWDs). MHSP is presently monitoring implementation of the NAP.

2.Law No. 93/2014 “On the Inclusion and Accessibility of Persons with Disabilities” is in accordance with the standards set out in the Convention on the Rights of Persons with Disabilities in 2012. This law and National Action Plan for Persons with Disabilities 2016-2020 aiming at improving the quality of life and effective inclusion of persons with disabilities (PWDs). According to article 3/9: “Persons with disabilities” are individuals who have long-term injuries physical, mental, intellectual or sensory impairments which, in relation to various obstacles, including environmental and attitudinal, may hinder full and effective participation of these persons in society on equal terms with the others. Criteria of assessment and definition of disability have been reviewed extensively related bio-psycho-social assessment of disability.

3.Several bylaws are adopted since 2014 on: public services for persons with disabilities (PwD), removing environmental and infrastructure barriers; collection of statistical data, on disability at central and local level; adoption of “Sign language”. Other measures have been undertaken for inclusion of persons with disabilities based on the bio-psychosocial assessment of disability.

4.Since 2015 is established the National Council for Persons with Disability, to guide inter-institutional measures, includes Civil Society Organisations (CSO)s representing the rights of persons with disabilities.

5.Most of the secondary legislation still needs to be adopted. Persons with disabilities continue to face difficulties in accessing education, employment, healthcare and social services and in participating in decision-making. There are also difficulties in removing environmental and infrastructural barriers that hinder mobility. Efforts are made to ensure inclusive education, the quality of education for disabled children.

6.The disability assessment system is undergoing a process of reformation, from a medical to a bio-psycho-social model. Based on the Law on Economic Aid, a new social disability assessment scheme is being piloted since July 2017 in two administrative units of Tirana Municipality.

7.The National Electronic Disability Register is also being piloted, and comprises a major component of the disability assessment system reform. The disability assessment of individuals with disabilities is performed by health institutions avoiding the repeated presence of the individuals in the various steps of the process. Disability allowance as part of the social protection programme serves to support people with disabilities and improve their quality of life. Expenses on disability payments have increased significantly in recent years being the major part of social protection spending.

8.The legal basis for piloting the new bio-psycho-social evaluation reform was prepared. Two guidelines for evaluation of children and adults, are prepares (ICD-10 and ICF). The new reform of disability assessment is based on ICF criteria, evaluation of impact on body functions, participation and activities as well as environmental facilitators and barriers. Domestic legislation is based on the concept of inclusion, fighting discrimination, stigma and based on human right approach. There are different criteria for children, and adults. Assessment of persons with disabilities is based on bio-psycho social criteria and facilitation of procedures. There are several bylaws as: DCM 813 dated 29.12.2017 “On some amendments to DCM 618 dated 07.09.2006” On the determination of criteria, documentation and payment beneficial measures for Persons with Disabilities “; Order No. 47 of the Minister” On Benefits from the Status for Blind persons “, Order no. 52 of the Minister “On Examinations and Organization of Regional Medical. Assessment Commissions for Appointment”; Order no. 88/1 of the Minister “On the adoption of a regulation on medical criteria for the assessment of disability”.

9.In January 2018, the new economic aid scheme began being implemented, after being piloted in three main regions: Tirana, Durres and Elbasan. Progress has been achieved by using the management information system for disabled beneficiaries, which is still in the pilot phase. However, there is a need to increase the efforts in the creation of social and reintegration services for people with disabilities. The process of transitioning from residential institutional care to community-based care for vulnerable groups is being piloted in Durres, Shkoder and Saranda. Further efforts are necessary to improve access to services for vulnerable groups, including people with disabilities.

10.Definitions of the Law 93/2014 have been reflected in Law No. 121/2016 “On social services” and on the recent Law no. 15/2019 on Promotion of Employment. Law on social services takes into consideration the importance of integrate, and specialised services for persons with disabilities, namely their “social reintegration”.

11.In June 2019 is adopted the policy document “Reform of disability assessment of social protection system and Action Plan for Implementation 2019-2024” approved with DCM No. 380, dated June 5, 2019. This Policy document will improve reference, assessment and capacities for monitoring and inter-institutional coordination. One of the objectives is improvement of legal framework for assessment of the bio-psycho-social abilities and integrated services. The new assessment criteria in the pilot areas will be in accordance with the definitions of Law no. 93/2014.

12.Protection of the rights of persons with disabilities is one of the criteria under the EU obligations. Albania is committed in the preparation for accession negotiations with the European Union, and the effective participation of non-profit organisations including organizations of persons with disabilities is one of the objectives.

Reply to paragraph 2 of list of issues

13.National Action Plan for Persons with Disabilities (NAPPD) adopted by decision no. 483, dated 29.6.2016 is the strategic document of the Albanian Government for the inclusion and integration of persons with disabilities as: non-discrimination; equality, including gender equality; autonomy of persons with disabilities and participation in decision-making; ensuring accessibility through removal of obstacles; inclusion through equal participation of persons with disabilities in all spheres of life; participation of persons with disabilities through individual consultation and active involvement of persons with disabilities and their representative organizations, including children with disabilities; Revision of domestic legislation on the rights of persons with disabilities; Inclusion and accessibility of all persons with disabilities in accordance with the Convention on the Rights of Persons with Disabilities.

14.The plan is in line with the principles of the law 93/2014 and in line with the objectives of the National Strategy for Development and Integration and aims at social inclusion, promotion and respect of the rights of persons with disabilities. The plan was drafted with a broad involvement of state institutions, organizations of persons with disabilities and activists, civil society and international partners and was approved by the Council of Ministers Decision no. 483, dated 29.6.2016. The plan contains activities for the period 2016-2020 and defines the institutions responsible for the implementation of activities, placing a particular emphasis on co-operation between institutions at central and local level, civil society and international partners. This Plan has dedicated budget for activities, achieving sustainability and equal opportunities for persons with disabilities in all spheres of society.

15.The document contains the strategic objectives for the respect of the rights of persons with disabilities in accordance with international standards and in particular with the Convention on the Rights of Persons with Disabilities. The activities envisaged for each of the goals and objectives are measurable and have objectives for all areas, defining the responsible actors, timelines, expected outcomes, indicators and budgets at central and donor levels.

16.In March 2019 was published the monitoring report and long-term assessment of the national action plan for persons with disabilities 2016–2018. The report was drafted on the basis of data collected by central and local level institutions as well as by interest groups and civil society in four regions of the country: Tirana, Shkodra, Vlora and Korça. Persons with disabilities and their families (77 participants) and disability organizations (17 participants) in the region were included, through focus groups for the areas of the National Action Plan.

17.There is progress in enhancing the quality of inclusive education and capacity building on teaching for children with disabilities by increasing the number of support teachers in mainstream schools compared to the period prior to the start of the implementation of the plan. Likewise, programs aimed at increasing the capacity of supporting teachers have been significantly improved. Remained challenges are: sustainability of activities aimed at increasing teachers’ capacities, the implementation of legislation aimed at overcoming barriers for pupils with disabilities, appropriate didactic materials, infrastructure, budgetary problems, capacity building.

18.In the area of social care, has been drafted a disability assessment reforming system, piloted by the bio-psycho-social model, based on the standards of the World Health Organization. Positive steps have been taken in terms of: (a) rewriting the existing criteria for assessing and defining disability; (b) establishing a new evaluation procedure with well-defined steps and new administrative structures for evaluation by setting up a Multidisciplinary Commission at the regional offices and aiming to establish a co-operation network for in local government units, educational institutions, employment and vocational training; (c) review the disability benefits, aiming at escalating the benefit rate depending on the level of functioning of each individual; (d) digitalization of information related to the assessment, in order to minimize abuses and timely obtaining appropriate statistics for persons with disabilities who are beneficiaries of disability payments, prevention, treatment and rehabilitation.

19.The establishment of new community services functional centers, provide community services for persons with disabilities. Residential development centers are in the process of transformation, with community services and practices that promote independent living. More disabled beneficiaries have benefited from housing grants.

20.Approval of sub-legal acts for the Social Fund will provide support to existing and new services. However, there is still a need for more subsistence-based, state-subsidized typology services, closer to communities where people with disabilities live. Services for adults with disabilities are missing.

21.Health care services are included in the ICF and ICD-10 system, in line with developed countries that apply these models for assessments, statistics and, consequently, better policies. Health Strategy 2017–20201 aims at universal coverage and treatment of vulnerable groups. During this period, the network of specialized mental health services has been strengthened. Mental Health Support Houses and other community services for persons with chronic mental health disorders, chronically resident psychiatric hospitals, in accordance with key strategic goals in this area, those of deinstitutionalization and decentralization of mental health services have been set up. Currently, it is supported the Wheelchair Service for PWDs.

22.Employment promotion programs are implemented in the labor market, by increasing the number of PwD employees. Promotion programs for employment and vocational training encourage participation in the labor market. Good co-operation with non-profit organizations operating in the field for these programs provides models and standards for inclusion in employment. Disability issues are included in manuals, curricula and data systems.

23.Participation in the political and public life of people with disabilities through awareness raising activities and capacity building of people with disabilities mark satisfactory progress. But it is difficult to measure the increase in their participation in political and public life or the impact on the number of voters who are people with disabilities. Good practices are evidenced in art and culture for incorporating and promoting the skills and values ​​of people with disabilities. Inclusion of people with disabilities in sports and financial support for participation in sports activities should be coordinated with focus results, which are limited.

24.In the field of equality before the law, there are challenges related to new concepts of the Convention on the Rights of Persons with Disabilities, such as supported decision-making and the legal capacity of persons with mental disabilities. Access to state legal aid is provided, but there is no accurate data for beneficiaries with disabilities. Situation of persons with disabilities in the penitentiary institutions and their treatment in special health institutions should be improved. There are included budgetary provisions, for the implementation of activities. Monitoring report indicate that 116 (64 %) out 179 activities are realized, or in process.

25.Objectives under NAPPD are: Accessibility (including physical accessibility and information); Equality; Employment and Vocational Education and Training (VET); Education: Health and Social care; Participation in political and public life; Cooperation, coordination and monitoring and evaluation of the activities.

B.Specific rights (arts. 5–30)

Equality and non-discrimination (art. 5)

Reply to paragraph 3 of list of issues

26.According to article 3 of the law 10221/2010 “For the protection from discrimination”, are provided various definitions for discrimination as below: “Discrimination” is every distinction, exclusion, limitation or preference because of any cause including disability that has as a purpose or consequence the hindering or making impossible the exercise, in the same manner as with others, of the fundamental rights and freedoms, in accordance with international instruments ratified by Albania and domestic legislation.

27.“Direct discrimination” is that form of discrimination that occurs when a person or group of persons is treated in a less favorable manner than another person or another group of persons in a situation that is the same or similar based on any cause mentioned in article 1 of this law.”

28.“Indirect discrimination” is that form of discrimination that occurs when a provision, criterion or practice, apparently neutral, would put a person or group of persons in unfavorable conditions, in connection with the causes set out in article 1 of this law, in relation to a person or another group of persons, and also when that measure, criterion or practice is not objectively justified by a legitimate aim, or when the means of achieving that aim either are not appropriate or are not essential and in fair proportion with the condition that has caused it.

29.“Discrimination because of association” is that form of discrimination that occurs when there is a distinction, limitation or preference, because of association with persons who belong to the groups mentioned in article 1 of this law, or because of a supposition of such an association.

30.“Annoyance” is that form of discrimination that occurs in the case of an undesirable conduct, when it is related to any of the causes mentioned in article 1 of this law, which has the purpose or effect of violating the dignity of a person and the creation of an intimidating, hostile, degrading, humiliating or offensive environment for that person, as well as in the case of a less favorable treatment performed as a result of an objection or failure to submit by the person affected by such a behavior.”

31.Instruction to discriminate” is an instruction or a request based on hierarchical relations to discriminate against one or more persons on the basis of the causes mentioned in article 1 of this law.” “Denial of a reasonable accommodation” is that form of discrimination that happens whenever there is a denial of or objection to making essential and appropriate regulations or changes that are necessary in a particular case and do not impose an excessive burden, for the purpose of assuring the enjoyment and exercise, on an equal basis, of the fundamental rights and freedoms for persons with a disability or which occurred under other conditions mentioned in article 1 of this law.

32.“Disability” is one of the grounds provided by the law “For the protection from discrimination” as a consequence the definitions and forms of discrimination mentioned above find applicability to the discrimination because of disability. Law 93/2014 “For inclusion and accessibility” provides: 1) “Discrimination of persons with disabilities” is “Discrimination of Persons with Disabilities” is any kind of distinction, exclusion, restriction or preference on the ground of disability that has the purpose or effect of preventing or rendering impossible the exercise of fundamental rights and freedoms by the Constitution of the Republic of Albania, the international acts ratified by the Republic of Albania and the legislation in force. 2) ‘‘Denial of a reasonable accommodation” is that form of discrimination that happens whenever there is a denial of or objection to making essential and appropriate regulations or changes that are necessary in a particular case and do not impose an excessive burden, for the purpose of assuring the enjoyment and exercise, on an equal basis, of the fundamental rights and freedoms for persons with a disability or which occurred under other conditions mentioned in article 1 of this law. This law does not provide any sanctions or means of complaining in case of violations.

33.Every individual who pretends discrimination has the rights to complain before the Commissioner for the Protection from Discrimination as well as before the court. In case that the commissioner finds with a decision that an individual has been discriminated due to disability orders the subject that has carried out the discriminative behavior to undertake measures in order to correct such a violation. The subject that has been found responsible must inform the commissioner on the measures undertaken for respecting the decision. In cases when the subject which has been found responsible does not respect the decision the commissioner has the right to submit monetary sanctions.

34.During the reporting period January 1, 2016–May 31, 2019, CDP has treated 61 cases with object discrimination due to disability. In 27 of these cases has been found discrimination. The complaints had mainly to do with the offer of reasonable accommodation, for the offer of benefits and services, as well as on the failure for applying the legislation in education aiming the integration of people with disabilities in public schools.

35.Proceedings in a court: If the court found a violation of the law for the protection from discrimination the court decision provide the compensation. According to the law “For the protection from discrimination”, the compensation includes among other the reparation of law violation and of the consequences through the return to the prior condition, the adequate compensation for property and non-property damages, or through other adequate measures. The law does not predict the kind and the mass of compensation and the court decides from case to case.

36.During January 1, 2016–May 31, 2019, CDP has treated 61 cases of discrimination due to disability. It was founded discrimination for 27 cases. The complaints objects are: reasonable accommodation, services, failure for applying the legislation in education aiming the integration of persons with disabilities in public schools. During this period, CDP has not treated cases on discrimination due to disability regarding the Roma community.

37.Ministry of Health and Social Protection is implementing the measures against discrimination on persons with disabilities based on domestic legislation, strategies and action plans related gender equality and domestic violence, children, Roma and Egyptians, LGBTI. Strategy for Social Protection and National Action Plan on the Rights of Roma and Egyptians include measures with specific indicators concerning economic aid, education, employment social services, justice, civil protection etc.

38.Ministry of Education, Sports and Youth monitors the registration and attendance of education by children of the Roma community through the data collected by all educational institutions as well as by the ROMALB system. Data administered by the MESY for Roma and Egyptian students are divided by age, gender and class they follow regarding women and girls or issues like education health care or employment. School students with disability are prioritized in enrolments starting from pre-school education, receive free school textbooks until the completion of pre-university education and some schools provide free meals. Non-discriminatory approach is also reflected in the curricula. Domestic legislation on education ensures non-discrimination on grounds of gender or disability.

Women with disabilities (art. 6)

Reply to paragraph 4 of list of issues

39.Law for the protection from discrimination has not an explicit provision regarding multiple or intersectional discrimination but the law by the manner in which defines discrimination does not obstacle the commissioner or the court to find that discrimination has happened for more than one of the protected issues as well as that individuals might be victims of different forms of discrimination.

40.“Multiple discrimination” includes a situation in which discrimination is committed for more than one cause, for reasons that exist independently. This term is accepted as a general term for all types of discrimination regardless of how they appear. In this respect, there are three categories of multiple discrimination, or discrimination on more than one cause: multiple discrimination, compound discrimination and cross-sectorial discrimination.

41.Women and girls with disabilities are identified as one of the groups that suffer from multiple forms of discrimination. Amendments related Law “On Measures against Domestic Violence” of July 2018 included the treatment of women with disabilities who are victims of domestic violence, taking into account the recommendations from the Ombudsperson.

42.Several strategies are implemented as: National Gender Equality Strategy and its Action Plan for 2016–2020; National Employment and Skills Strategy for 2014–2020, National Strategy for Social Protection for 2015–2020, “Action Plan for Supporting Entrepreneurial Women for 2014–2020” by prioritizing vulnerable families and groups. Law “On State Legal Assistance”, “On Social Housing Programs” entered into force in 2018 address specific categories of vulnerable women as beneficiaries from state programs.

43.Law “On Measures Against Violence in Family Relations” adopted in July 2018 and sub-legal framework, guarantee protection of children, persons with disabilities and women; improving role of responsible structures to address domestic violence cases; improving procedural deadlines for issuing Defence Orders and Immediate Protection Orders etc.;

44.Law “On State Legal Assistance”, entered into force on June 1, 2018 strengthened access to justice by providing legal opportunities to all eligible categories such as victims of domestic violence, sexually abused victims, victims of trafficking in human beings, juvenile victims and juveniles in conflict with the law at every stage of criminal proceedings benefit legal aid, regardless of their income and wealth.

45.The Law “On Social Housing Programs”, 2018, foresees with priority the inclusion in social criteria that benefit from social housing programs: victims of domestic violence; victims of trafficking/potential victims of trafficking; mother mothers; individuals belonging to the LGBTI community.

46.Amendments in 2015 of the Labour Code brought about significant improvements in overcoming the burden of proof in cases of discrimination in employment where the employer always has the burden of proof to prove that the principle of equal treatment at work has not been violated.

47.Implementation of the National Gender Equality Strategy and Action Plan 2016–2020. This strategy is based on 4 strategic goals and sets concrete interventions in terms of economic empowerment of women and men; ensuring equal participation and engagement in political and public decision-making processes; reduction of gender-based violence and domestic violence; strengthening the coordinating and monitoring role of the national gender equality mechanism.

48.The National Employment and Skills Strategy 2014–2020, is intended to promote qualitative jobs and skills for all (a) women and men throughout the life cycle. Attention is paid to taking concrete measures to include certain groups such as: persons with disabilities, Roma women, young people. The Albanian government has been particularly active by adding subsidies to employers employing women from particular groups.

49.National Strategy for Social Protection 2015–2020. This strategy prioritizes vulnerable families and groups, including Roma; children and adults with disabilities.

Children with disabilities (art. 7)

Reply to paragraphs 5, 6 and 7 of list of issues

50.Law 18/2017 “On the Protection of the Rights of the Child” establishes an integrated child protection system. The law envisages for the first time a comprehensive system of child protection, defining clearly the duties of institutional mechanisms and child protection structures at central and local level. Article 32 of Law no. 18/2017 guarantees for children with disabilities to benefit from health, social, educational and other services required by the responsible disability assessment structures. Disability payment is part of the social protection program and serves to support people with disabilities and improve their living conditions.

51.Law 18/2017 “On the protection of the rights of child” guarantees a child with a disability the right to benefit from health, social, educational and any other services as needed, determined by the responsible disability assessment structures. Disability allowance is part of the social protection programme and serves to support people with disabilities and improve their quality of life. Expenses on disability payments have increased significantly in recent years and now account for the major part of social protection spending.

52.Under the objective of the National Agenda for Child Rights 2017–2020 dedicated to improving early childhood care and education, two measures are foreseen that will strengthen the early identification mechanism. These include developing the protocols for early identification and treatment of child development problems, and a review of protocols for early identification of mental health problems for children up to 18 years.

53.There are eleven residential development centres for PwDs of age 0–25 years (six public and five non-public). The number of children with disabilities in these centres has gradually dropped, from 130 in 2012 to 84 in June 2018. To date, 37 day-care and community centres for people, including children, with disabilities are operational spread out across the country, compared to only 19 in 2013.

54.Access to assistive devices and technology at an affordable cost for children with disabilities has been improved, but still remains a challenge. DCM No. 308/2014 provides for a package for a cochlear implant for children with hearing impairments financed by the Compulsory Health Care Insurance Fund in both public and non-public health institutions.

55.Several activities have been organised in cooperation with development care centres to promote the rights of children with disabilities. Special days, such as Days of Persons with Hearing and Seeing Impairments, International Day of Persons with Disabilities, Global Week for Education, and Children with Disabilities, are used to provide opportunities for raising awareness of their rights.

56.Law no. 121/2016 “On Social Care Services” is focused on support and empowerment of children. The objective is to transform residential social care institutions into alternative services, through foster care and establishment of multi-functional centres. ‘Policy Document for the Deinstitutionalisation of Residential Social Care System’ and its three-year Action Plan had been compiled. Measures related parental rehabilitation, aim the return of children to their families. From the beginning of 2019 a “Baby Bonus”, payment for every new-born child is available.

57.Law 69/2012 “On Pre university education” provides several provisions related education of the children with disabilities, temporary inclusion of them in educational institutions specialised for them, their inclusion and integration within educational system.

58.Assessment procedures for educational needs of children with disabilities is performed by a Multidisciplinary Commission (doctors, psychologists, teachers and specialists for children with disabilities) operating at each local education unit. This Commission after examining the request of parents or the request of director of an educational institution makes relevant recommendation. Parents decide whether their child with disabilities will attend a specialized or common basic education institution. At the beginning of each school year, and occasionally during the year, Multidisciplinary commissions evaluate the needs for assistant teachers and individual curricula. At the school level are operating School Commissions to monitor the progress of the child, and implementation of educational plan.

59.The Ombudsperson has identified a number of issues related to the implementation of the legislation on the protection of children’s rights, on establishment of new services, budgeting, and development of comprehensive social policies at a local level.

Awareness-raising (art. 8)

Reply to paragraph 8 of list of issues

60.Law no. 93/2014 contains provisions related participation of persons with disabilities in public life. Several awareness activities have been carried out in cooperation with the Development Centres for the promotion of the rights of persons with disabilities including children with disabilities.

61.Law “On Inclusion and Accessibility for Persons with Disabilities”, contains provisions related “participation of persons with disabilities through individual consultation, their active involvement of persons with disabilities, including children with disabilities, and consultation with different stakeholders (non- governmental organisations). One of the objectives of Policy Document for Assessment of Disability 2019–2024, is “Awareness of the public, interest groups and stakeholders in implementation reform through communication and information campaigns”.

62.Each year are organised awareness campaigns by informing parents and community on the benefits of the education of the children with disabilities. Psychosocial service units in schools work on the integration of disabled children and their inclusion in education. Based on framework of cooperation agreements with civil society, are organised training of public institutions as Employment National Service, Labour Inspectorate and Social Services.

63.Ombudsperson and the Commissioner for Protection from Discrimination have opened regional offices throughout the country to further enhance protection of human rights.

Accessibility (art. 9)

Reply to paragraphs 9, 10 and 11 of list of issues

64.Accessibility is one of the objectives of National Action Plan for persons with disabilities. Council of Ministers Decision No. 1074/2015 provides specific measures to remove obstacles in communication and infrastructure, as well provision of public services for persons with disabilities.

65.Currently is improved the road infrastructure in Tirana, as well other cities of Albania provided public services and accessibility for persons with disabilities. All new constructions and reconstructions of school buildings provide accessibility standards for children with disabilities.

66.Under the coordination of the Ministry of Health and Social Protection an inter-institutional working groups to monitor accessibility. In May 2019 was organised a conference which concluded on the need to improve standards in; construction; infrastructure; transport; communication; information; education; employment; services; tourism. Local government capacities for implementation should be strengthened. Draft Action Plan on Accessibility will be in line with Law 93/2014 and Council of Ministers Decision No. 1074/2015 “On the definition of measures to remove obstacles in communication and infrastructure, provision of public services for persons with disabilities”, and objectives provided by Action Plan on the Rights of Persons with Disabilities 2016–2020.

67.Notwithstanding the implementation of legal framework, there are difficulties to ensure accessibility for persons with disabilities. Monitoring results in several cities in Albania in 2018, shows that only some state institutions provided ramps.

68.Concerning the lack of access to the physical, social, economic and cultural facilities by persons with disabilities, in July 2016, the Ombudsperson addressed a recommendation to 61 mayors in the country on taking measures to achieve the accessibility of public facilities, services and their integration.

69.Under NAPD have been implemented several activities related access on information and communication, as: accreditation of program for sign language instructor; accessible information formats such as audio reversals, CDs of some books at the National Library; implementation of projects related accessibility standards. Albanian Parliament has recently initiated a project to provide the service of sign language during the sessions.

70.According to Law No. 97/2013 “On Audio-Visual Media”, “a community with special needs” shall be a community with partial or full visual or hearing impairments, the ability to perceive audio or audio- visual signals of which is limited to the extent that renders the exercise of the right to information impossible”; Audio-visual broadcasting services shall consider the needs of special needs of individuals”. Authority of Audio- Visual Media ensures that the audio visual programming service reasonably includes the use of sign language in their news casts for individuals with hearing impairments”. In several cases the licensed operators have yet to comply with this legal obligation and this Authority requested urgent measures to provide sign language in broadcasting. Audio-Visual Authority has the right to impose sanctions.

Situations of risk and humanitarian emergencies (art. 11)

Reply to paragraph 12 of list of issues

71.Related the emergencies and disaster response there is a need to provide the necessary services, by implementing specific measures to assist persons with disabilities, as well specific training.

Equal recognition before the law (art. 12)

Reply to paragraph 13 of list of issues

72.Equal recognition before the law is one of the objectives of National Action Plan. According the Monitoring Report on National Action Plan, there are necessary amendments related Civil Code, Penal Code, Family Code and domestic legislation, based on the evaluation of disabilities issues, and the activities provided in this Plan. Ensuring the respect of the rights of persons with disabilities in the justice system, in accordance with international standards “should be reviewed in terms of compliance with activities aimed mainly at improving conditions in closed institutions. This objective is related with access to free legal aid for all persons with disabilities”.

Access to justice (art 13)

Reply to paragraph 14 of list of issues

73.Law no. 111/2017 “On state-guaranteed legal aid” aims to establish a system for the organization and provision of free legal aid to ensure equal access of all individuals to the justice system, ensuring good organization, good administration and good functioning of the state institutions responsible for the administration of legal aid and the provision of legal aid services in a professional, qualitative, efficient and effective manner. Beneficiaries are: persons who benefit from disability payments, according to legislation on social assistance and services; persons who are subject to involuntary treatment in mental health care institutions, according to the provisions of the applicable mental health legislation; persons who are subject to voluntary treatment in mental health service institutions for severe mental illness; persons who are required to abolish or restrict their ability to act at any stage of the process; persons who have been deprived or restricted in their ability to act, seeking to initiate proceedings against their legal guardian for re-establishing the ability to act without the approval of the legal guardian.

74.Accessibility in courts is still inadequate. In Albania there are only 4 (four) sign language interpreters. In order to guarantee physical access to participation in the judicial, administrative and notary proceedings; access to information for persons with sensory problems; special protection during these processes; the expression of the free and independent will of people with disabilities concerning the redaction and signing of a notary act, Ombudsperson has addressed to the Ministry of Justice recommendation related the improvement of domestic legislation as Civil Code, Criminal Procedural Code etc.

Liberty and security of the person (art. 14)

Reply to paragraph 15 of list of issues

75.Based on the requirements set forth in Law no. 44/2012 “On Mental Health” and provisions (articles 109 and 122) of Law no. 108/2014 “On State Police”, as amended the General Directorate of State Police has drafted and approved the standard procedure “Technical rules of accompanying to the police”, approved by the order no. 308, dated 31.03.2016 of the General Directorate of State Police. The accompanying of this category of persons for the provision of medical assistance/treatment is carried out by the staff of the medical services and the State Police employee duties are: Provision assistance to medical personnel during medical examinations/visits to people with mental health disorders; Escort persons with mental health disorders to specialized mental health care institutions, with beds; At the request of family members/relatives or legal representative, when there is no immediate medical assistance.

76.When assisting with escorting of people with mental health disorders, are guaranteed: equal and non-discriminatory treatment in the function of respecting physical integrity and human dignity; right to treatment and protection, based on respect for their individuality and dignity; right to receive the right information about their rights; right to maintain confidentiality on data due to their health status; right to make sure and have the appropriate living, hygiene, nutrition and safety conditions; right to complain about the attitude, conduct and actions performed by police personnel during their accompaniment, retention and treatment; no person with mental health disorders may be subjected to torture, punishment or cruel, inhuman or degrading treatment; restraint of the rights of persons with mental health disorders is carried out according to legal provisions, in proportion to the dictated health condition and cannot violate the essence of their freedoms and rights.

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

Reply to paragraph 16 of list of issues

77.Legal and sub-legal provisions on the organization and functioning of the prison system have provided that detainees and convicted persons are treated with dignity, without discrimination and to avoid any kind of ill-treatment and any violation of human rights. Law on the Rights of Prisoners and Detainees of 1998 was amended in 2014. These amendments strengthen preventive and protection measures against physical, psychological and sexual violence in prisons and detention centers.

78.Pre-detention centres functioning as rehabilitation facilities have been subject to continuous improvement with various procedures and mechanisms, such as the requests and complaints mechanisms, protection of personal data and confidentiality, and improvement in the general conditions of penitentiary institutions. Security room facilities have been set up or reconstructed in the Tirana Local Police Directorate, as well as in seven police commissariats, to meet the conditions for the maintenance of human treatment of detained or arrested individuals.

79.Ombudsman Institution inspects without prior notice all the Institutions of Execution of Penal Decisions. Several Cooperation Agreements have been concluded with non-governmental organizations, which have a mission to protect human rights and fundamental freedoms. These organizations are allowed to conduct inspection of conditions in prisons at any time. Representatives of these organizations were allowed to visit the premises, see the relevant documentation, and get direct contact with the inmates without the presence of police officers. Inspectors of the Internal Prison Control Service, and other law enforcement agencies in the country, such as the prosecution, monitor the execution of criminal decisions and the treatment of persons with limited freedom in prisons.

80.General Directorate of Prisons has cooperated with the Albanian Centre for Rehabilitation of Trauma and Torture for the implementation of the Program for the Prevention of Torture and Violence in the Prison System.

81.Legal framework guarantees protection from torture and procedures for an independent investigation of cases of violation of the rights of persons with disabilities. Torture is foreseen as a serious offense in the Criminal Code of the Republic of Albania and in accordance with the definitions made in the European Convention Against Torture. During the escort, detention, arrest and detention/ill treatment is categorically prohibited (torture, physical violence and other physical and psychological abuse against of persons involved and those with disabilities.

82.General Directorate of State Police, with the purpose of respecting and guaranteeing the rights of persons during escorting from the police, retention and treatment as accompaniment and detention/arrest and detention/treatment at the police premises of these persons approved standard working procedures as follows: “Technical rules of escorting to the police”; information on their rights in the police premises; Medical visits/controls for persons who are detained and arrested immediately after taking these measures and no later than 12 hours from the police medical staff and from other family doctors at the request of the arrested/detained person expenses; legal protection by a lawyer.

Freedom from violence and abuse (art. 16)

Reply to paragraph 17 of list of issues

83.Law no. 47/2018 “On Amendments to the Law” On Measures against Domestic Violence “has been adopted in accordance with Council of Europe Convention “On Prevention and Combating Violence against Women and Domestic Violence”, and the UN Convention “On eliminating all forms of discrimination against women “CEDAW”. Amendments aimed to increase protection for children, people with disabilities and women; to improve the role of responsible structures to provide coordinated response to domestic violence cases; improving the procedural deadlines for issuing Order of Defence and Immediate Protection Orders.

84.Three ministerial instructions have been adopted: Instruction no. 816, dated 27.11.2018 of the Minister of Health and Social Protection “On the approval of the standards of service delivery and functioning of crisis management centres for cases of sexual violence”; Joint Instruction of the Minister of Health and Social Protection and Minister of Interior no. 912, dated 27.12.2018 “On the Procedures and Model of the Order for Preliminary Provisions of Immediate Protection”; Joint Instruction of the Minister of Health and Social Protection and Minister of Interior, No.866, dated 20.12.2018 “On the procedures and model of risk assessment for cases of domestic violence” The electronic system for the registration of cases of domestic violence (REVALB system) has improved in terms of registration and referral. From the REVALB system for January-December 2018, there are a total of 668 cases, of which 554 abused women and 114 males. Persons with disabilities referred for violence in family relationships are in a total of 5, of which 3 women and 2 men.

85.Amendments of Law “On Measures Against Violence in Family Relations” added as subjects benefiting from the protection of this Law persons in guardianship due to disability. Pursuant to the aforementioned Law, two Joint Instructions are adopted: Instruction no. 866, dated 20.12.2018 “On Approval of Model and Procedures for Risk Assessment for Domestic Violence cases” and instruction no 912, dated 27.12.2018 “On the Approval of the Model and Procedures for the Order of Precautionary Measures of Immediate Protection”.

86.Regarding domestic violence cases, one of the risk factors to be considered is disability of the victim of domestic violence. Regarding data related to domestic violence, the State Police manages data on the victim of domestic violence, by family ties, age, gender, place of residence, but does not administer data on health problems, or disability that may be the victim of domestic violence.

Living independently and being included in the community

Reply to paragraphs 18, 19 and 20 of list of issues

87.Law 22/2018 “On Social Housing”, stipulates that housing must provide adequate access for persons with disabilities. Persons with disabilities are a priority in social housing programs such as rent subsidy, loan interest subsidies and immediate grants. Law also provides for a category of housing for specific needs such as for persons with disabilities. Housing must provide necessary, adapted and accessible infrastructure to facilitate assistance and emergency notification.

88.DCM no. 527, date 6.08. 2014, “On Procedures, Criteria and Benefits for Immediate Grant Benefits” specified that persons with complete or partial visual impairment who are unable to work in normal working conditions, paraplegics and quadriplegics, persons with disabilities that may not work, and labour disabled persons receive free of charge up to 10% of the value of the low-cost apartment occupied.

89.By instruction of the Minister of Health and Social Protection no. 581, dated 18.12.2017 are adopted standards of social care services, household assistance, for the elderly.

90.Law No. 9355/2005 “On Social Assistance and Services”, as amended, provide exclusion from the disability benefit scheme of persons residing in social care institutions, victims of domestic violence as well as persons who, by a final court decision are serving a sentence in prison, for a better definition of concepts to separate definitely disability compensation from other living sources and by providing independent social payment.

91.Ombudsperson has requested that the cash payments rely on minimum living calculation of the benefits from the social protection schemes, as well increase the number of day care centres for persons with disabilities in order to increase their life skills as well as the establishment of residential rehabilitation centres for persons with mental disabilities, treatment of persons with disabilities over 25 years of age.

92.There are 27 residential and daily public centers for persons with disability (7 residential, 20 day care centers). There are 1077 PwD (211 persons in residential and 866 persons in day care centers). Other data are as follows: 708 children until age 16 – beneficiaries of services in these centers. 28 centers for the children in need (9 residential and 19 daily centers). There are 93 children with disability.

93.Law no. 93/2014 dated 24.7.2014 “On the inclusion and accessibility of persons with disabilities”, stipulates that the personal assistant provides personal care assistance for persons with disabilities. It is foreseen that level of support for personal assistant services will be determined on the basis of daily life activities where support is needed, as well as the average number of hours of service delivery.

94.In the Policy Document for Assessment of Disability, are foreseen two levels of this benefit: ongoing services (120% of the basic benefit measure related to the basic disability payment) and occasional services (80% of the benefit rate). Given that family members who perform the role of a personal assistant in most cases are unable to work outside the home due to the service obligations, it is foreseen that a retirement pension is attached to them. It is foreseen social integration of persons who do not hear, but who use the sign language interpreter service will be provided. Monthly benefit rate will be 50% of the basic measure of disability benefit. The personal assistant service and sign language translator will be based on an employment contract between the person with disabilities or the legal guardian and will be monitored by the social sector employee of the municipality.

95.Under the Project “Live No one Behind”, MHSP and UNDP have supported specialized services for 148 children and young people with disabilities in the community centers of Lushnja, Pogradec, Bulqiza, Saranda and Shijak. 19 selected municipalities have been selected to implement the best practices for delivering comprehensive services locally. 10 selected municipalities have increased their capacity to develop social care plans in accordance with the Law on Social Care Services including disability.

96.180 job seekers in the selected municipalities have increased their knowledge and skills in planning, prioritizing vulnerable groups and providing social services. Regional directorates organized meetings at all levels, inviting beneficiaries of economic aid beneficiaries, non-beneficiaries, unit administrators, municipal representatives, civil society. There were 12 major events in 12 districts of the country, 20 meetings in administrative units and 3 major meetings in Tirana, Shkodra and Vlora.

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

Reply to paragraph 22 of list of issues

97.National Information Society Agency in cooperation with Ministry of Health and Social Protection are implementing a website. Law “On the inclusion and accessibility of persons with disabilities”, DCM no. 1074, dated 23.12.2015 provide measures related communication public services.

98.Ministry of Health and Social Protection has coordinated an official agreement with ministry of Education, Sport and Youth and Ministry of Finance and Economy for certification of sign language interpreters.

99.Institute of Blind Students in Tirana is equipped with auxiliary technology, and capacity building of the staff is increased, in order to provide services suitable for children and persons with visual impairments.

Education (art. 24)

Reply to paragraphs 23, 24 and 25 of list of issues

100.The findings of 2018 study of Save the Children and World Vision have noted the positive developments in meeting the legal and policy framework for persons with disabilities in Albania. Recommendations of the reports on decentralization and deinstitutionalisation of social services and accessibility are taken into consideration. Following the improvement of accessibility conditions and the creation of resource spaces, Ministry of Education, Sports and Youth (MEYS) in cooperation with World Vision in 2018 intervened in improvements of the infrastructure of 46 schools to provide accessibility for children with disabilities, rehabilitation of the toilet according to accessibility standards, sports corners, surrounding yards. The MESY in cooperation with World Vision is working on the development of development spaces for disabled students, which will work in non-special schools. These spaces are open in 16 schools so far which serve for disabled children as well. This additional facility serves for the physical and mental development of and children with disability. Next year, it is planned to open them in other primary education schools.

101.The addition of assisting teachers, has been significantly increased year after year, but remains insufficient in relation to the demand and the number of children with disabilities.

102.Council of Ministers decisions of 2017-2018 provides categories of individuals that meet admission criteria in a first cycle study program, in an integrated study program or a professional study program. Education of the visually impaired in the state system is free. The persons with disabilities are excluded from established tariffs.

103.In recent years, it has been recommended the adoption of measures to increase the number of assistant teachers because of the diagnoses and the need for supplementary services. Several measures are taken regarding education of children with disabilities based on the law “On the pre-university education system”. Continuous training of staff to ensure quality education as well as experience exchanges of ordinary school teachers working with children with disabilities. Measures for the assessment of children in order to attend special schools by the commissions composed of doctors, psychologists, teachers and specialists for children with disabilities are established in all local education units.

Health (art. 25)

Reply to paragraphs 26 and 27 of list of issues

104.Disability assessment system is undergoing a reform process, shifting from the medical model to the bio-psycho-social model. Based on the legislative changes (Law No. 9335 “On Economic Assistance”, DCM No. 431/2016, as amended in 2018, and additional ministerial guidelines), a new social skills assessment scheme is being piloted since 2017 limited to two administrative units of the Municipality of Tirana. The National Electronic Disability Register is also being piloted, which is an important element of the disability assessment system reform.

105.Based on the DCM no. 813/2017, people with disabilities go to healthcare institutions for diagnosis and examinations, so the disability assessment is carried out by the commission on the basis of documentation, avoiding the repeated presence of individuals at various stages of the process.

106.In line with the objective of the National Agenda for the Rights of the Child 2017–2020, which focuses on improving early childhood care and education, two measures are envisaged to strengthen the early identification mechanism. These include drafting protocols for early identification and treatment of child development problems, and review protocols for early identification of mental health problems in children up to the age of 18 years.

107.Access to cost-effective aids and technology for children with disabilities has improved but remains a challenge. DCM Nr. 308/2014 provides for a cochlear implant package for children with hearing impairments, funded by the Compulsory Health Insurance Fund, both in public and non-public institutions.

108.Important measures are as follows: Application of ICF and ICD-10 to the health assessment system, due to the application of new bio-psycho-social assessment of disability. Training of medical personnel with the concept of ICF and ICD10. Establishing supported centers for individuals with mental health problems who come from psychiatric hospitals. Supporting about 600–700 persons with disability every year, with wheelchairs that is one of them elements of assistive technology. Pilot screening on child maternity issues for hearing problems challenges.

Habilitation and rehabilitation (art. 26)

Reply to paragraph 28 of list of issues

109.Regarding the implementation of the Action Plan for the Development of Mental Health Services 2013–2022, is focused on the protection of the rights of persons with special disorders and special health needs mental and the fight against social exclusion and discrimination through the establishment of an integrated network of mental health services for treatment, rehabilitation and social reintegration.

110.The establishment of this Integrated Mental Health Services Network is based on the fulfilment of two major strategic objectives, firstly Decentralization of Mental Health Services by extending and enriching the existing network with services closer to the community and secondly: Deinstitutionalisation by reducing the number of beds psychiatric and awareness raising and strengthening community mental health services.

111.Within this context, in the network of community-based mental health services has been added, a supported home in Korca (residential service covered by multidisciplinary care), where 12 patients/chronic resident of Elbasan Psychiatric Hospital (6 women and 6 men).

112.Two community services of mental health have been established in Kavaja, community center for Mental Health Center (specialized outpatient service provided by multidisciplinary team), which has been fully operational since May of 2019 and also a supported home for 8 women, patient/resident of Elbasan Psychiatric Hospital (the largest psychiatric hospital in the country). All these services were supported with state budget funds.

Work and employment (art. 27)

Reply to paragraphs 29 of list of issues

113.Law 15/2019 “On employment promotion”, Article 3, defines skills and rehabilitation for work for people with disabilities” as services for support and assistance for assessing the ability of a person with skills to work. Law beneficiaries are persons with disabilities, including with hearing impairment and labour invalids assessed partially fit for work by the respective commissions; parents of children with disability. Accommodation has the same definition as provided in the law for inclusion and accessibility of persons with disabilities.

114.Ministry of Finance and Economy (MFE) has included principles related to rights of persons with disability in the System of Performance. In some regions (Elbasan, Shkodra, Vlora and Tirana), through donor support, employment services for people with disabilities are provided, such as training, counselling, orientation for work. Programs offered enabled continuous training of employment directorate and office staff to improve performance at work with persons with disabilities.

115.Common awareness campaigns have been undertaken by MFE and National Employment Service in cooperation with partner organizations in order to raise awareness and social accountability for employing people with disabilities. Preparation of individual assessment at work and individual plans have been prepared.

116.Cooperation with the structures of the State Social Service and vocational training and employment structures is particularly important to ensure full-time or part-time employment of people with disabilities. Improves the quality of life by increasing the economic level and providing conditions for social inclusion. In this context, report of the evaluation commission with the Regional Directorates of the National Employment Service of Vocational Training will focus on the mutual exchange of information for researchers and beneficiaries of active working age.

117.Regional Directorates of the National Employment Service of Vocational Training will have specially trained special employees with the basic function of employment of persons with disabilities. In addition, the directorates will cooperate with non-profit organizations that will implement various processes of employment such as vocational counselling, skills and habits assessment for job categories, job placement, employer assistance to achieve reasonable adaptation, workplace training and co-operation with colleagues to create a natural work environment, etc.

118.Law no. 15/2019 “On Employment Promotion”, which stipulates that employers, public or private, are obliged to provide job preservation to those individuals who, at the time of employment, were not disabled, but have gained disability from work accidents or occupational diseases. Article 20 of the Law also stipulates that each employer should employ a person belonging to groups of persons with disabilities, including persons who do not listen and work disabled evaluated partially fit for work by the relevant commissions, for 25 employees first of the enterprise; and by one additional person, for every 50 other employees of the enterprise over the above forecasts.

119.By the Decision of the Council of Ministers no. 248/30.4.2014, “Employment Promotion Program for Persons with Disabilities”, amended, create facilities for employers employing disabled employees and self-disabled workers.

120.Vocational training is provided by 10 public vocational training centers, located in the main cities of the country, in 52 different vocational courses. Textbooks and teaching materials for 42 vocational education and training courses were reviewed in relation to the gender and sensitive language of people with disabilities.

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

Reply to paragraphs 30 of list of issues

121.Social Housing Strategy 2016–2025 aims to provide affordable, affordable, affordable and quality housing solutions for low and middle income households who could not afford the cost of houses in particular to families with indicators of disadvantaged positions leading to housing exclusion.

122.Law on Social Housing has been adopted, taking into account the specifics of particular groups. In the apartments invested by the National Housing Authority (ECB), from 2014 until today, have been accommodated 16 families with people with disabilities Also, all new buildings of the National Housing Authority are implemented with all the parameters for facilitating the movement for persons with disabilities.

Participation in political and public life (art. 29)

Reply to paragraph 31 of list of issues

123.According to the Electoral Code, the disability is not a component of voting list. There are no data available on voters with disabilities during the election f 2015, 2017, 2019. In order to create the conditions of accessibility of persons with disabilities the polling station are located on the first floor of buildings. Central Election Commission instructed the local governing units to provide permanents ramps in the premises of polling stations.

124.During the recent election on 30 June 2019, each polling station was equipped with a mask of braille alphabet for each ballot paper (in total 10 834 masks). All polling station (5417) were equipped with secret rooms adapted as well for the voters with disabilities. The commissioners of polling stations were trained regarding the voting of persons with disabilities. During the elections are produced and broadcasted radio and TV spots with information for voters with disabilities, including the sign language. Special awareness activities took place regarding the right to vote of persons with disabilities (TV, radio, media online, newspapers).

C.Specific obligations (arts. 31–33)

Statistics and data collection (art. 31)

Reply to paragraph 32 of list of issues

125.Regarding disability statistics, INSTAT uses specific modules on disability questions. These modules are included in: (1) Population and Housing Census; (2) SILC Survey; (3) EHIS 2019 Survey to be conducted for the first time this year. For this surveys, is used the short set of questions recommended by the Washington Group (WG) for measuring disability. According to the WG the definition used for the definition of persons with disabilities is: Persons with disabilities are defined as those who have a higher risk than the general population to experience special constraints in performing their duties or to participate in various basic daily life activities. This group includes persons who have experienced limitations of basic activity activities such as walking, hearing, viewing, communicating, memory, and day-to-day care.

126.The Population and Housing Census 2011 included for the first time the short set of questions on disability recommended by the WG (6 main difficulties), which will again be part of the 2020 Census questionnaire. In the 2020 Census questionnaire is included the short set of questions on the disability status recommended by the Washington Group (WG), as well but this time this set will be asked only to population aged 5 years and over.

127.Population and Housing Census is the only source of information on the frequency and distribution of disability at the national and regional level. Main reasons for including questions on disability in a Census are: 1) Provide services, including development of programs and policies for service delivery and evaluation of these programs and services; 2) Monitoring the level of functioning in the population. Monitoring of performance based on assessment levels and trend of analysis. 3) Provide equal opportunities to improve and compare participation in public life of persons with disabilities.

National implementation and monitoring (art. 33)

Reply to paragraphs 33 and 34 list of issues

128.Ministry of Health and Social Protection (MHSP) coordinates and monitors the implementation of Law No. 93/2014 and NAP 2016–2020. All line ministries as well as 61 municipalities have appointed focal points on disability issues. Periodically all focal points in central and local level were trained to raise awareness on disability issues and the implementation of the rights of Persons with disabilities PwD. During 2019 are trained 80 persons (21% representatives of central institutions, and 79% local level (municipalities).

129.According to the Law no. 139/2015 on Local Self-Government, Municipalities are responsible for: Administration of social services at the local level, for persons in need, persons with disabilities, children, women, women head of household, abused women, trafficked persons, mothers or parents with many children. Administration of housing for social housing; administration of centers and local social services. Administration of social fund for the financing of services. Each line ministry has designated a contact person, who is responsible for tracking disability issues. With the support of UNDP, and Albanian School of Public Administration (ASPA) are organised trainings on disability issues.

130.The institution of Ombudsperson is a constitutional, independent institution exercising its activity in defence of the rights, freedoms, legitimate interests of individuals, who could be affected by the illegal, irregular actions/inactions of the public administration bodies, and from third parties acting on its behalf. In accordance with the Paris Principles, the Ombudsperson Institution in Albania is also certified by the competent international institutions for the high standards it meets. Ombudsperson submits recommendations to governmental institutions related protection of human rights.

131.Law no. 93/2014 provides that the representatives of NGO-s are members of National Disability Council. This council is chaired by the minister covering disability issues and consists of 17 members, 9 from line ministries, and others are representatives of NGO-s operating in this field and representatives of organizations of PwD. In order to promote the inclusion of different categories of disability, age and gender, these representatives are present in the annual reports of line ministries and discussions on policy advice and orientation issues at the national level. ‘NGO have acquired memberships to the National Council for Rights of Pwd, National Council for Children and National Council for Civil Society.

132.Civil society organizations including persons with disabilities are involved in consultation process related the preparation of legislation, policy documents and are supported for the activities. National organizations representing interest groups are also receiving support through state and donors for activities in monitoring and awareness.

Annex 1

Data of children with disability

Total number of children with disability

Age 0 – 6

Roma

Age 6 – 15

Roma

Age 5 – 18

Roma

Regions/cities

15 397

4 281

7 478

133

3 638

112

1

Berat

833

259

2

357

2

217

3

2

Diber

1 059

295

1

482

0

282

0

3

Durres

1 716

592

2

845

6

279

1

4

Elbasan

2 178

728

31

901

28

549

21

5

Fier

1 498

256

18

841

27

401

24

6

Gjirokaster

302

38

0

181

1

83

0

7

Korce

1 101

228

1

660

3

213

1

8

Kukes

643

168

0

312

1

163

0

9

Lezhe

1 078

273

8

434

10

371

3

10

Shkoder

1 037

302

5

510

22

225

11

11

Tirane

3 315

1 038

66

1 580

30

697

46

12

Vlore

637

104

4

375

3

158

2

Annex 2

Number of Centers for children in need, until April 2019.

Category

Total

Residential

Day care

Female

Age 0 – 6

Age 6 – 15

Age 15 – 18

Age 9

Average

With family

Without family

Total Number of Centers

51

18

34

Total Number of beneficiaries

3 315

317

2 998

1 508

654

2 144

517

2 141

306

3 224

91

Pwd out of Total

0

0

0

0

0

0

0

0

0

0

0

Source : State Soc ial Service: Non Public Centers .

Category

Total

Residential

Day care

Female

Age 0 – 6

Age 6 – 15

Age 15 – 18

Age 9

Average

With family

Without family

Total Number of Centers

27

9

19

Total Number of beneficiaries

1 163

220

943

495

391

657

115

646

54

1 019

144

Pwd out of Total

93

7

86

52

5

88

0

88

0

91

2

Source : State Social Service: Public Centres .

Centres for persons with disabilities, number of beneficiaries and applicants for social services

Type of services

Out of the total

Age group

Family care

Category

Total

Residential

Day care

Female

Until 16

Over 16

With Family

Without family

Total center Numbers

24

7

20

Number of beneficiaries

1 077

211

866

412

708

369

976

101

Source : State Social Service: Public social care centers .

Type of services

Out of the total

Age group

Family care

Category

Total

Residential

Day care

Female

Until 16

Over 16

With Family

Without family

Total center Numbers

28

11

18

Number of beneficiaries

887

173

714

323

306

581

849

38

Source : State Social Service: Non-public social care centers .

Annex 3

Data on Inclusion of People with Disabilities in Active Labor Market Programs

Year

2016

2017

2018

April 2019

Persons with disabilities ( PwD ) registered in employment offices as unemployed jobseekers

552

472

479

496

Females

258

226

234

221