Committee on the Rights of Persons with Disabilities
Concluding observations on the combined second and third periodic reports of the Dominican Republic*
I.Introduction
The Committee considered the combined second and third periodic reports of the Dominican Republic at its 760th and 762nd meetings,held on 4th and 5th March 2025. It adopted the present concluding observations at its 777th meeting, held on 17 March 2025.
The Committee welcomes the combined second and third periodic reports of the Dominican Republic, which were prepared in accordance with the Committee’s reporting guidelines and in response to its list of issues prior to reporting,and the additional information submitted by the State Party.
The Committee appreciates the fruitful and constructive dialogue held with the delegation, which included representatives of the relevant government ministries.
II.Positive aspects
The Committee welcomes the State Party’s efforts to implement the Convention in line with the recommendations contained in the Committee’s concluding observations on the initial report of the Dominican Republic.It welcomes in particular the legislative and policy measures taken to promote the rights of persons with disabilities, including:
(a)The ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, in 2016;
(b)The adoption of Decree No. 363-16 on the Regulations for the Application of Law No. 5-13 on Disability, as a result of a consultative process led by the National Council on Disability, in 2016;
(c)The enactment of Act No. 34–23 on services, inclusion and protection for persons with autism spectrum disorder, in 2023;
(d)The enactment of Act No. 43–23, which accords official recognition to sign language in the Dominican Republic, in 2023;
(e)The launch of the System of Assessment, Certification and Continuous Registration of Disability through the National Council on Disability, in May 2022.
III.Principal areas of concern and recommendations
A.General principles and obligations (arts. 1–4)
The Committee is concerned about the absence of a systematic process for reviewing existing laws, policies and regulations to ensure their conformity with the Convention, as well as the lack of harmonization in the implementation of the Convention across all levels of government, leading to inconsistencies and uneven protection and support for persons with disabilities. Additionally, the Committee notes with concern that certain laws and policies continue to use derogatory concepts and terminology, and that even draft reforms to the Social Security Law, the Civil Code and the Penal Code fail to incorporate inclusive language or to align with the Convention.
The Committee recommends that the State Party establish a systematic process for reviewing existing laws, policies and regulations to ensure their full conformity with the Convention, including the removal of derogatory terminology and of provisions that are contrary to its principles , and prioritize the harmonization of laws related to the human rights of persons with disabilities and strengthen coordination mechanisms across all levels of government to guarantee consistent implementation, protection and support nationwide.
The Committee is concerned about the lack of participation of persons with disabilities, including women with disabilities, in policymaking and decision-making processes, resulting in a failure to address their specific requirements and in insufficient availability of financial and structural support to organizations of persons with disabilities, limiting their ability to participate effectively in public decision-making.
Recalling its general comment No. 7 (2018), the Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations , take effective measures to ensure the full and meaningful participation of persons with disabilities, including women with disabilities, in policy making and decision-making processes , including by establishing and strengthening mechanisms for systematic consultation with organizations of persons with disabilities at all levels of government and by provid ing adequate financial and structural support to these organizations to enable their effective involvement in public decision-making.
B. Specific rights (arts. 5–30)
Equality and non-discrimination (art. 5)
The Committee is concerned about:
(a)Persistent discrimination against persons with disabilities, especially women and children, and persons with intellectual or psychosocial disabilities, and the lack of accessible complaint and redress mechanisms for victims of discrimination on the basis of disability;
(b)The disparities in policy enforcement and practices across different regions and institutions in the State Party, which lead to highly inconsistent protection and support for persons with disabilities;
(c)The lack of consideration of intersectionality in policies and laws, in particular the absence of measures to address the requirements and experiences of and the multiple and intersecting barriers faced by persons with disabilities, who may experience discrimination on multiple grounds.
The Committee, recalling its general comment No. 6 (2018) and targets 10.2 and 10.3 of the Sustainable Development Goals, recommends that the State Party :
(a) Establish accessible and effective mechanisms, including judicial and administrative complaint procedures, to combat discrimination on the basis of disability, and ensure that victims receive redress and that perpetrators are punished;
(b) Develop and implement clear guidelines and procedures to ensure the consistent application and enforcement of anti-discrimination policies and practices across all the State Party ’ s territory and all the institutions concerned;
(c) Specifically address issues of intersectionality in the national strategy for the implementation of the Convention.
Women with disabilities (art. 6)
The Committee is concerned about:
(a)The absence of laws, policies, programmes and measures to protect the rights of women and girls with disabilities, particularly in cases of gender-based violence, such as in the strategic plan for a life free from violence for women, of 2020, which does not contain specific provisions for women with disabilities;
(b)The lack of measures to ensure that women and girls with disabilities have independent access to protection mechanisms, including temporary shelters and therapies, to aid recovery from violence, abuse and exploitation, throughout the territory of the State Party;
(c)Women and girls with disabilities not being represented on the Peer Council for Equality and Equal Opportunities.
The Committee, recalling its general comment No. 3 (2016) and targets 5.1, 5.2 and 5.5 of the Sustainable Development Goals, recommends that the State Party , in close consultation with women and girls with disabilities, through their representative organizations:
(a) Establish or amend laws, policies, programmes and other measures to protect the rights of women and girls with disabilities, with a particular focus on preventing gender-based violence against them;
(b) Ensure that services for women and girls with disabilities who are victims of gender-based violence, including support centres and emergency shelters, are accessible throughout the State Party and that the necessary support is provided;
(c) Implement measures to ensure the representation of women and girls with disabilities on all platforms where women ’ s issues are discussed, particularly within the Peer Council for Equality and Equal Opportunities.
Children with disabilities (art. 7)
The Committee is concerned that:
(a)The existing support programmes and services for children with disabilities are not sufficiently effective or widely accessible;
(b)The National System for the Protection of Children and Adolescents continues to have structural deficiencies in providing care for children with disabilities and ensuring the prevention of violence, abuse and neglect, due among other things to its low levels of funding, and a shortage of trained and certified personnel and of universally accessible spaces;
(c)The involvement of children with disabilities in decision-making processes that affect their lives is limited, and, while provisions exist to support such involvement, there is insufficient evidence to show that the views of children with disabilities are consistently and effectively considered.
Recalling its joint statement with the Committee on the Rights of the Child on the rights of children with disabilities, the Committee recommends that the State Party :
(a) Strengthen and expand support programmes for children with disabilities, focusing on education, healthcare and inclusion, and ensure that these programmes are adequately funded, widely accessible and effectively monitored;
(b) Take urgent measures to strengthen the National System for the Protection of Children and Adolescents to ensure adequate care, protection and inclusion of children with disabilities, including by increasing funding, recruiting and training certified personnel and ensuring that all services, facilities and complaint mechanisms are universally accessible;
(c) Develop mechanisms to ensure that children with disabilities can freely express their views on all matters affecting them and that their views are given due weight according to their age and maturity and provide age-, gender- and disability ‑ responsive support to facilitate their participation.
Awareness-raising (art. 8)
The Committee takes note of the organization of campaigns to promote and raise awareness of the rights of persons with disabilities. However, it notes with concern that prejudices and negative stereotypes of persons with disabilities continue to prevail in the public perception of disability. It is also concerned that the campaigns undertaken may not be enough to reinforce the image of persons with disabilities as rights holders.
The Committee recommends that the State Party adopt a national strategy to promote a human rights-based model of disability that is sensitive to gender issues and children ’ s needs. Such a strategy should target public officials, the media, health and justice professionals, the general public and the families of persons with disabilities, in close consultation with organizations of persons with disabilities and with their active participation in its formulation, implementation and regular evaluation.
Accessibility (art. 9)
The Committee is concerned about the remaining gaps in ensuring the accessibility of the physical environment, transport, and information and communication, including in digital formats, to persons with disabilities, despite existing legislation such as Decree No. 363-16, and about the limited possibilities for the legal enforcement of accessibility standards, in particular for existing buildings, goods and services. The Committee is particularly concerned that:
(a)The majority of public buildings do not meet national accessibility standards;
(b)Access to information for deaf and blind persons, as well as persons with intellectual and/or psychosocial disabilities, is deficient, as the websites of the majority of public and private institutions are not accessible and do not meet digital accessibility standards;
(c)The “Road for the Development of Inclusive Municipalities” project is inoperative, as the construction of public works, particularly streets and avenues, is the responsibility of the central Government.
Recalling its general comment No. 2 (2014) and Goal 9 and targets 11.2 and 11.7 of the Sustainable Development Goals, the Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations , develop and implement comprehensive accessibility measures to ensure access to the physical environment, transport, and information and communications, including in digital formats, to persons with disabilities on equal basis with others in both urban and rural area s .
Situations of risk and humanitarian emergencies (art. 11)
The Committee is concerned about:
(a)Information received through several United Nations agencies about the lack of access to information, emergency services and social protection programmes during the coronavirus disease (COVID-19) pandemic, which reflects the lack of inclusion of the requirements of persons with disabilities in disaster risk reduction plans and strategies;
(b)The insufficient consultation with persons with disabilities and their representative organizations in developing the disaster risk reduction and emergency strategies, plans and programmes;
Recalling the Sendai Framework for Disaster Risk Reduction 2015–2030, the Inter-Agency Standing Committee Guidelines on the Inclusion of Persons with Disabilities in Humanitarian Action , and its guidelines on deinstitutionalization, including in emergencies, the Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, ensure the protection and safety of persons with disabilities in situations of risk, including by:
(a) Ensuring that disaster risk response plans and strategies at the national, regional and municipal levels are drafted in close consultation with persons with disabilities, through their representative organizations, and explicitly address their specific requirements in all situations of risk;
(b) Ensuring the full accessibility of all communication measures, including emergency numbers and hotlines, implementing real-time communication methods and providing round-the-clock access to services such as text messaging, video relay services and other accessible communications technologies to ensure that persons with disabilities can effectively reach emergency services at all times.
Equal recognition before the law (art. 12)
The Committee notes the provisions of article 23 of the Organic Law on Equal Rights for Persons with Disabilities (Law No. 5-13). However, the Committee is concerned:
(a)About the lack of a mechanism to implement the provisions set forth in article 23 of Law No. 5-13 and the continued use of substituted decision-making mechanisms that result in loss or limitation of legal capacity, and the lack of supported decision-making mechanisms;
(b)That despite decision No. 4 of 30 September 2015 of the Monetary Board, access to bank services continues to be discriminatory for persons with disabilities, particularly for blind persons who are categorized as “illiterate” and are required to bring witnesses to carry out any banking procedure.
Recalling its general comment No. 1 (2014), the Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations :
(a) Develop mechanisms to implement article 23 of the law on equal rights for persons with disabilities and ensure that the supported decision-making model is used effectively in all cases;
(b) Harmonize the Constitution, the Civil Code and the Family Procedural Code with the Convention as soon as possible so as to guarantee all persons with disabilities, including persons with intellectual or psychosocial disabilities, equal recognition before the law;
(c) Abolish all procedures that violate the right of persons with disabilities to have equal and independent access to banking services.
Access to justice (art. 13)
The Committee is concerned about the barriers to access to justice for persons with disabilities, in particular:
(a)The ineffectiveness of implementation of the provisions in section VII of Law No. 5-13 on equal rights of persons with disabilities in relation to legal aid provision and sign language interpretation in legal proceedings;
(b)The limited accessibility of many courthouses, and the limited procedural and administrative accommodation in all legal proceedings, in particular the age- or gender-sensitive procedural accommodation;
(c)The limited participation of persons with disabilities as judges, legal advisers or witnesses and the scarcity of measures at the provincial and municipal levels to ensure such participation;
(d)The insufficient training for judges on access to justice for persons with disabilities.
The Committee recalls the International Principles and Guidelines on Access to Justice for Persons with Disabilities, prepared in 2020 by the Special Rapporteur on the rights of persons with disabilities and the Special Envoy of the Secretary-General on Disability and Accessibility and endorsed by the Committee, and target 16.3 of the Sustainable Development Goals , and recommends that the State Party, in close consultation with and with the active involvement of persons with disabilities and their representative organizations:
(a) Take measures to implement section VII of Law No. 5-13 on equal rights for persons with disabilities to ensure the effective provision of legal assistance for persons with disabilities;
(b) Remove all barriers to access to justice for persons with disabilities in general and for women, children and older persons with disabilities in particular, and inform these groups of the remedies available to them to file complaints and obtain redress;
(c) Ensure access to judicial and administrative facilities for all persons with disabilities, by providing accessibility as well as alternative and augmentative means of information and communication, such as Braille, sign language, accessible digital formats, Easy Read, audio description and video transcription, throughout legal proceedings;
(d) Provide age- and gender-appropriate procedural accommodations in all administrative and judicial proceedings to ensure, through the delivery of support services and free legal representation, that persons with disabilities can participate in the justice system as judges, legal advisers or witnesses, and undertake the necessary procedural reforms to ensure that these accommodations are provided;
(e) Extend the scope of training on the rights of persons with disabilities to include all justice personnel, including those in rural and remote areas.
Liberty and security of person (art. 14)
The Committee is concerned about:
(a)The provisions in General Law No. 42-01 that give the authorities the power to intern persons with psychosocial and/or intellectual disabilities in institutions and psychiatric hospitals based on the concept of “dangerousness”;
(b)The lack of updated official data on persons with disabilities deprived of their liberty, disaggregated by place of detention and occupancy rate thereof.
Recalling its guidelines on the right to liberty and security of persons with disabilities, its guidelines on deinstitutionalization, including in emergencies, and its general comment No. 1 (2014), the Committee recommends that the State Party :
(a) Take all legislative, administrative, policy and judicial measures necessary to remove from its legal framework the concept of dangerousness as a criterion for the deprivation of liberty of persons with psychosocial disabilities; and ensure that there is no deprivation of liberty of persons with disabilities on the basis of impairment;
(b) Provide, in its next periodic report, updated official data on persons with disabilities deprived of their liberty, disaggregated by place of detention and occupancy rate thereof.
Freedom from torture or cruel, inhuman or degrading treatment or punishment (art. 15)
The Committee is concerned about the insufficient measures to ensure compliance with the legal framework that prohibits the administration of medical treatment without the consent of the person with disability and about the lack of accessible procedures for filing complaints and obtaining redress. The Committee is particularly concerned that there are no inclusive and accessible national mechanisms to protect persons with disabilities, in particular persons with psychosocial disabilities, from torture, inhuman or degrading treatment, including protection from using chemical or/and physical restraints.
Recalling its guidelines on deinstitutionalization, including in emergencies, the Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, take effective measures to ensure full compliance with the legal framework prohibiting the administration of medical treatment without the free and informed consent of persons with disabilities, including by strengthening oversight mechanisms, enforcing accountability for violations, and providing training for healthcare professionals on the rights of persons with disabilities , and that it establish effective and inclusive national mechanisms to protect persons with disabilities from torture and inhuman or degrading treatment , particularly in psychiatric facilities, and promote accessible, independent and effective procedures for persons with disabilities to file complaints and obtain redress.
Freedom from exploitation, violence and abuse (art. 16)
The Committee is concerned about:
(a)Reports about trafficking in persons with disabilities, particularly children with disabilities, who are victims of exploitation through begging and of forced unions with the aim of imposing servitude on girls and adolescents with disabilities;
(b)Insufficient measures to identify and prevent all forms of violence against children and adults with disabilities, including structural and systemic violence in all settings and gender-based violence;
(c)The lack of specific data on cases of violence and abuse perpetrated against persons with disabilities in all settings, and the failure to collect and publish such data, disaggregated by sex and age, including data on the number of prosecutions, convictions and sentences imposed on perpetrators.
Recalling its statement of 25 November 2021 on the elimination of gender-based violence against women and girls with disabilities, and targets 5.1, 5.2 and 5.5 of the Sustainable Development Goals, the Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Investigate the situation of persons with disabilities, especially children with disabilities, who are forced to beg or forced into servitude, take effective measures to protect them from exploitation, violence and abuse, and ensure that perpetrators are sanctioned;
(b) Reinforce the implementation of existing legislative and policy measures to prevent all forms of violence against persons with disabilities, including gender-based violence, and provide effective remedies and redress to victims;
(c) Establish a comprehensive system to collect and monitor data on all forms of violence against persons with disabilities, including data disaggregated by gender, age, impairment and other relevant factors, and conduct comprehensive disability ‑ inclusive research.
Protecting the integrity of the person (art. 17)
The Committee is concerned about reported instances of non-consensual sterilization of women and girls with disabilities upon the request of a family member or at the initiative of health personnel.
The Committee recommends that the State Party t ake measures to ensure the enforcement of its laws and guarantee the free and informed consent of persons with disabilities in relation to sterilization and ensure that restorative justice measures are provided for women who have been sterilized without their consent and that the perpetrators of these practices are investigated and duly punished .
Liberty of movement and nationality (art. 18)
The Committee is concerned:
(a)About the lack of data on the situation of persons with disabilities among persons of Haitian descent and migrants, and particularly about the lack of a comprehensive legal framework against racial discrimination;
(b)About the limited access to rehabilitation services for migrants and refugees with disabilities, and that most of these services are unaffordable because they are provided by the private sector.
The Committee recommends that the State Party:
(a) Establish a data collection mechanism to inform the development of targeted policies and programmes and to monitor the effectiveness of measures taken to support the rights of migrants, refugees and asylum-seekers with disabilities;
(b) Ensure free access for migrants, refugees and asylum-seekers with disabilities to quality rehabilitation services.
Living independently and being included in the community (art. 19)
The Committee is concerned that:
(a)Article 76 of Law No. 5-13 on equal rights of persons with disabilities allows for the establishment of shelters and institutions for “persons with severe disabilities”, in direct violation of the Convention;
(b)There is no clear strategy for the deinstitutionalization of persons with disabilities, including children with disabilities, who are segregated in the Angeles homes;
(c)There are a number of persons with disabilities wandering the streets, others reported as abandoned and others reported as victims of family negligence;
(d)Despite the passing of municipal ordinances on local inclusion of persons with disabilities, these are not being implemented effectively due to the necessary financial resources not being granted.
Recalling its general comment No. 5 (2017), its guidelines on deinstitutionalization, including in emergencies, and the report of the Special Rapporteur on the rights of persons with disabilities on the transformation of services for persons with disabilities, the Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Abolish article 76 of Law No. 5-13 on equal rights of persons with disabilities and adopt legal provisions to prohibit all forms of institutionalization for persons with disabilities;
(b) Develop a deinstitutionalization national strategy and clear action plans with adequate allocated budget and defined timelines;
(c) Take immediate measures to release children with disabilities living in the Angeles homes and place them into foster care services and inclusive settings;
(d) Take concrete measures to ensure the effective implementation of municipal ordinances on the local inclusion of persons with disabilities, including by allocating adequate financial resources to support the implementation of such ordinances and by establishing clear mechanisms for coordination between municipal and central government authorities.
Personal mobility (art. 20)
The Committee notes with concern that mobility equipment and assistive devices remain unaffordable for many persons with disabilities.
The Committee recommends that the State Party eliminate all barriers to persons with disabilities acquiring affordable and high-quality mobility aids, assistive devices and assistive technologies and services so as to aid their personal mobility , and provide the necessary information and training on their usage and maintenance.
Freedom of expression and opinion, and access to information (art. 21)
The Committee is concerned:
(a)About the shortage of certified National Sign Language interpreters and the delays in implementing a sign language training strategy and certification, despite the legal recognition of National Sign Language as an official language of the State Party;
(b)That no appropriate consideration has been given to the communication and linguistic needs of persons who are deafblind;
(c)At the barriers faced by persons with disabilities in gaining access to public information and communications, including on official websites and in media services.
The Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Implement a sign language training strategy and an adequate certification process and redouble efforts to increase the number of certified National Sign Language interpreters;
(b) Put in place appropriate supportive measures to facilitate the communication, access to information and linguistic needs of persons who are deafblind;
(c) Approve the National Standards of Universal Accessibility without delay, take measures to ensure their application, and promptly allocate sufficient funding for the development, promotion and use of different accessible communication formats on official websites and media services.
Respect for home and the family (art. 23)
The Committee is concerned about:
(a)The lack of sufficient support provided to children with disabilities and their families, and to parents with disabilities to carry out their parental responsibilities;
(b)The lack of measures to ensure that persons with disabilities have access to age-appropriate and gender-responsive information and education on sexual and reproductive health and rights, including family planning.
The Committee recommends that the State Party:
(a) Reinforce measures to ensure effective support for families of persons with disabilities to raise their children in a family setting;
(b) Adopt policies to provide persons with disabilities with age-appropriate and gender-responsive information and education in accessible formats on sexual and reproductive health and rights, including family planning.
Education (art. 24)
The Committee takes note of the progress being made for the implementation of inclusive education, however it is concerned:
(a)That the National Model for Inclusive Education, approved by the National Education Council on 20 June 2024, has not fully reached the whole territory of the State Party, with the resources to implement it mostly allocated to the capital and prominent provinces, and the lack of a mechanism to track and monitor its implementation;
(b)About the lack of accessibility of schools and shortcomings in the transport services provided for students with disabilities, particularly in rural and remote areas;
(c)About the low number of children with disabilities identified at the pre-primary level of the education system;
(d)About the limited training provided to general education teachers on the right of children with disabilities to inclusive education and on inclusive methods of teaching such as modern assistive technologies;
(e)About reports of attitudinal barriers, including discriminatory attitudes towards children with disabilities that prevent them from enrolling in education, with resistance on the part of teachers, the school community and families.
Recalling its general comment No. 4 (2016) and targets 4.5 and 4.a of the Sustainable Development Goals, the Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, including learners with disabilities, through their representative organizations, and their families:
(a) Strengthen efforts to implement the National Model for Inclusive Education across the State Party, paying particular attention to rural and remote areas, and establish a mechanism to monitor its implementation;
(b) Redouble efforts to ensure accessibility in mainstream schools, to provide the necessary aids for educational activities, and to adapt transport services for students with disabilities, including in rural and remote areas;
(c) Gather adequate data on the number of students with disabilities at all levels of the education system, including the pre-primary level;
(d) Improve the curricula and teaching methods used by mainstream education teachers with regard to the rights of children with disabilities to inclusive education and inclusive education methods of teaching;
(e) Address the attitudinal barriers in the school community towards students with disabilities, including by raising awareness of the right to inclusive education.
Health (art. 25)
The Committee is concerned about:
(a)The inaccessibility of health services for all persons with disabilities, in particular the lack of appropriate medical equipment and facilities and of adequate information on health services, particularly in remote areas;
(b)Gynaecological and obstetric services not being accessible to women with disabilities;
(c)The lack of regular training programmes on the human rights approach to disability for physicians and other health professionals working with persons with disabilities.
Recalling targets 3.7 and 3.8 of the Sustainable Development Goals, the Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Ensure that all persons with disabilities have access to quality and gender ‑ sensitive health services, across the State Party, by ensuring that reasonable accommodation is provided and that the accessibility of equipment and facilities is adapted to the specific needs of each disability, that information on health services is provided in accessible formats such as Braille, sign language and Easy Read, and that health workers are trained to treat persons with disabilities properly;
(b) Ensure that all healthcare facilities provide gynaecological and obstetric services that are accessible to women with disabilities;
(c) Deliver continuous training programmes on the human rights approach to disability for physicians and other health professionals working with persons with disabilities and closely consult with and actively involve organizations of persons with disabilities in the design and delivery of the training.
Habilitation and rehabilitation (art. 26)
The Committee is concerned about the insufficient habilitation and rehabilitation services across the State Party, as the majority are concentrated in the Province of Santiago. It is also concerned that the approach of these services continues to be mostly medical, without considering psychological, emotional and other important aspects.
Recalling the link between article 26 of the Convention and target 3.7 of the Sustainable Development Goals, the Committee recommends that the State Party take measures to increase the coverage of habilitation and rehabilitation services across all regions in the State Party and review the approaches with which habilitation and rehabilitation services operate, in close consultation with and with the active involvement of persons with disabilities.
Work and employment (art. 27)
The Committee notes with concern:
(a)The prevalence of unemployment among persons with disabilities, particularly women with disabilities;
(b)The low level of compliance with the employment quotas established in Law No. 5-13 for persons with disabilities in the public sector and the lack of accountability in this regard;
(c)That the tax incentives contemplated in Law No. 5-13 for the private sector to generate greater employment for persons with disabilities have not been fully allocated;
(d)The persistent discrimination and barriers that persons with disabilities face in their employment, particularly women with disabilities, including denial of reasonable accommodation.
Recalling its general comment No. 8 (2022), and in line with target 8.5 of the Sustainable Development Goals, the Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Review national employment policies to ensure the right to work for all persons with disabilities, in particular women with disabilities, persons with intellectual disabilities and persons with psychosocial disabilities;
(b) Ensure strict compliance with Law No. 5-13 and establish mechanisms to monitor compliance with the 5 per cent employment quota for the inclusion of persons with disabilities in the public sector, with penalties for non-compliance;
(c) Ensure that the tax incentives contemplated in Law No. 5-13 to encourage the private sector to reach its hiring target of persons with disabilities are properly earmarked and allocated;
(d) Take effective measures to combat discrimination and address the systemic and structural barriers experienced by persons with disabilities, especially women with disabilities, particularly in the context of reasonable accommodation and other rights related to work and employment.
Adequate standard of living and social protection (art. 28)
The Committee is concerned about the high number of persons with disabilities living in poverty and the absence of a comprehensive social protection system guaranteeing access to an adequate standard of living for persons with disabilities, including sufficient resources to cover disability-related expenses. It is also concerned about:
(a)The Fund for Persons with Disabilities, established in articles 136 and 137 of Law No. 5-13, not yet being operational;
(b)The low number of persons with disabilities accessing the solidarity pension;
(c)The low extent of social protection services available to Haitians with disabilities living in the State Party and to women with disabilities who are heads of household.
Recalling the links between article 28 of the Convention and target 10.2 of the Sustainable Development Goals, which are aimed at empowering and promoting the economic inclusion of all persons, irrespective of disability, the Committee recommends that the State Party adopt a universal social protection scheme, including sufficient subsidies or allowances to cover disability-related costs, to ensure an adequate standard of living for all persons with disabilities who do not have other sources of income . The Committee also recommends that the State Party:
(a) Promptly activate the Fund for Persons with Disabilities established in Law No. 5-13;
(b) Ensure that persons with disabilities are informed of the different benefits they qualify for, including the solidarity pension;
(c) Continue efforts to ensure that Haitians with disabilities living in the State Party and women with disabilities who are heads of household have access to social protection services.
Participation in political and public life (art. 29)
The Committee is concerned about the low rates of representation and participation of persons with disabilities, especially women with disabilities, in political life and public decision-making, and the lack of affirmative action to enable persons with disabilities to stand for election, be elected and hold public office effectively at all levels of government.
The Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities and their representative organizations , encourage the presence of persons with disabilities, especially women, in elected office, ensure that they receive the reasonable accommodations they require, and take affirmative action to enable them to stand for election, be elected and hold public office effectively at all levels of government.
Participation in cultural life, recreation, leisure and sport (art. 30)
The Committee is concerned about the lack of accessibility of most cultural and historical sites and tourist, recreation, leisure and sport facilities and about the shortcomings in increasing the use of such facilities by persons with disabilities, in particular children with disabilities.
The Committee recommends that the State Party , in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, strengthen measures to increase the accessibility of cultural and historical sites and tourist, recreation, leisure and sports facilities and encourage and facilitate their use by persons with disabilities, particularly children with disabilities.
C. Specific obligations (arts. 31–33)
Statistics and data collection (art. 31)
The Committee is concerned about:
(a)Statistical information on persons with disabilities being scarce and dispersed among different State institutions, without there being any unified criteria for its collection and analysis;
(b)The lack of disaggregated data on persons with disabilities, including in relation to sex, age, socioeconomic level, education and race, among other factors.
Recalling the Washington Group short set of questions on functioning , the Committee recommends that the State Party establish an integrated system for the collection of data on persons with disabilities, in close consultation with organizations of persons with disabilities and with their active participation in the design, implementation and evaluation of that system and in its use to populate indicators, involving all government ministries and entities that collect data , including statistical data. Such a system should collect data disaggregated by factors such as age, sex, type of impairment, type of support required, sexual orientation and gender identity, socioeconomic status, ethnicity , and migrant or refugee situation .
International cooperation (art. 32)
The Committee is concerned about:
(a)The general lack of systematic and active involvement of and close consultation with persons with disabilities, including women and girls with disabilities, through their representative organizations, in the State Party’s international cooperation activities;
(b)The lack of information or data on measures taken to include the disability perspective in the design of international cooperation projects or to establish a monitoring and accountability framework to assess the impact of international cooperation programmes, projects and policies, including programmes to achieve the Sustainable Development Goals.
The Committee recommends that the State Party adopt concrete measures to ensure close consultation with and the active involvement of persons with disabilities, through their representative organizations, in international cooperation agreements and programmes, specifically in the implementation of the 2030 Agenda for Sustainable Development and in monitoring the achievement of the Sustainable Development Goals at all levels, and:
(a) Ensure that international cooperation, including international development cooperation, is inclusive, accessible and participatory for persons with disabilities and is fully in line with the human rights approach to disability and efforts to achieve the Sustainable Development Goals;
(b) Recalling the disability policy marker of the Organisation for Economic Co-operation and Development, mainstream the disability perspective in the design of international cooperation projects and establish a monitoring and accountability framework to assess the impact of international cooperation programmes, projects and policies.
National implementation and monitoring (art. 33)
The Committee notes with concern that the State Party does not have a designated independent monitoring mechanism for the implementation of the Convention and that currently those functions are partially carried out by the Defensor del Pueblo, which does not have the independence and authority required by the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) and has therefore not been accredited by the Global Alliance of National Human Rights Institutions.
Recalling its guidelines on independent monitoring frameworks and their participation in the work of the Committee, the Committee recommends that the State Party , with the active involvement of and in close consultation with persons with disabilities, including women and children with disabilities, through their representative organizations:
(a) Establish an independent monitoring framework, in accordance with article 33 (2) of the Convention, and ensure that it can undertake transparent and independent monitoring;
(b) Strengthen the Defensor del Pueblo to efficiently and independently discharge its mandate in full compliance with the Paris Principles, encourage it to apply for accreditation with the Global Alliance of National Human Rights Institutions, and seek the technical advice of the Office of the United Nations High Commissioner for Human Rights on the process of establishing and accrediting its national human rights institution.
IV. Follow-up
Dissemination of information
The Committee emphasizes the importance of all the recommendations contained in the present concluding observations. With regard to urgent measures that must be taken, the Committee would like to draw the State Party ’ s attention to the recommendations contained in paragraphs 12, on women with disabilities, 14, on children with disabilities, 36, on living independently and being included in the community , and 44, on education.
The Committee requests the State Party to implement the recommendations contained in the present concluding observations. It recommends that the State Party transmit the concluding observations for consideration and action to members of the Government and Parliament, officials in relevant ministries, local authorities, and members of relevant professional groups, such as education, medical and legal professionals, as well as to the media, using modern social communication strategies.
The Committee strongly encourages the State Party to involve civil society organizations, in particular organizations of persons with disabilities, in the preparation of its periodic report.
The Committee requests the State Party to disseminate the present concluding observations widely, including to non-governmental organizations and organizations of persons with disabilities, and to persons with disabilities themselves and members of their families, in national and minority languages, including sign language, and in accessible formats, including Easy Read, and to make them available on the government website on human rights.
Next periodic report
The combined fourth and fifth periodic reports are in principle due on 18 January 2031, under the simplified reporting procedure. The Committee will establish and communicate the exact due date of the combined periodic reports of the State Party in line with a future clear and regularized schedule for reporting by States parties and following the adoption of a list of issues and questions prior to reporting for the State Party . The combined periodic reports should cover the entire period up to the time of their submission.