Would you please provide the link to download the same? On 9/24/19, Kanchan Pamnani <[email protected]> wrote: > We can start some of our advocacy work based on the report copied below. > Kanchan > > GE. > > Committee on the Rights of Persons with Disabilities > > Concluding observations on the initial report of India* > > I. Introduction > > 1. The Committee considered the initial report of India (CRPD/C/IND/1) at > its 485th and > > 486th meetings (see CRPD/C/SR.485 and 486), held on 2nd and 3rd September > 2019. It > > adopted the present concluding observations at its 506th meeting, held on > 18 > September > > 2019. > > 2. The Committee welcomes the initial report of India, which was prepared > in > > accordance with the Committee's reporting guidelines, and thanks the State > party for its > > written replies (CRPD/C/IND/Q/1/Add.1) to the list of issues prepared by > the > Committee > > (CRPD/C/IND/Q/1). > > II. Positive aspects > > 3. The Committee welcomes the efforts to adopt legislation recognizing and > enforcing > > the rights of persons with disabilities, including the right of children > with disabilities between > > 6 and 18 years to free education, measures to reinforce accessibility > during > electoral > > processes, and protection from discrimination on the basis of disability, > including the denial > > of reasonable accommodation in different areas of life. It commends the > State party's efforts > > to translate the Convention into Hindi, and that disability inclusion is a > component in several > > international cooperation programmes, including agreements with the World > Bank. It also > > notes the State party's measures to improve its institutional and policy > framework, including > > the India's National Development Agenda using the framework of the 2030 > Agenda for > > Sustainable Development and related goals, and the establishment of the > Department of > > Empowerment of Persons with Disabilities in the Government. > > 4. The Committee commends the State party's ratification of the Marrakesh > Treaty to > > Facilitate Access to Published Works for Persons who are Blind, Visually > impaired, or > > otherwise Print Disabled in 2014. > > III. Principal areas of concern and recommendations > > A. General principles and obligations (arts. 1-4) > > 5. The Committee is concerned about: > > (a) The prevalence of the medical model of disability in legislation, > public > policies > > and attitudes concerning persons with disabilities, particularly in the > multiple assessments > > * Adopted by the Committee at its twenty-second session (26 August - 20 > September 2019). > > CRPD/C/IND/CO/1 > > Advance Unedited Version Distr.: Restricted > > 20 September 2019 > > Original: English > > CRPD/C/IND/CO/1 > > 2 > > and certification of disability and the requirement of different > assessments > to access services > > in the community, and in the misunderstanding of disability, including > leprosy, as solely a > > biological condition requiring prevention and rehabilitation; > > (b) Legislation, public policies and practices that discriminate against > persons with > > disabilities in particular guardianship, institutionalization, psychiatric > treatment and > > segregated community services based on disability, and negative > perceptions, > including > > "normal life" as opposed to the lives of persons with disabilities, and > derogatory terminology > > like "mentally ill", or "divyangjan", the latter which is still > controversial; > > (c) The limited coverage of the Unique Disability Identification card > especially in > > rural areas, and that service providers, such as rail services, do not > recognise these cards to > > facilitate accessible and affordable public services for persons with > disabilities. > > 6. The Committee recommends that the State party: > > (a) Adopt national and state strategies for promoting understanding about > > the human rights model of disability among policy makers and in society, > and > the > > principles of respect for the inherent dignity, difference, and acceptance > of persons with > > disabilities as part of human diversity and humanity; > > (b) Bring the guidelines for assessing and certifying disability into line > with > > the human rights model of disability ensuring that organizations of persons > with > > disabilities are involved in the reform of these guidelines, that multiple > assessments do > > not create an undue burden for applicants, and that policies and programmes > shift from > > care treatment and protection towards the removal of environmental and > attitudinal > > barriers preventing equality and inclusion; > > (c) Complete the review process to bring its legislation, policies and > schemes, > > including the Rights of Persons with Disabilities Act of 2016, the Mental > Health Act > > 2017, the National Trust Act 1999, and measures governing general services > for > > disability inclusion, in line with the Convention, and repeal derogatory > terminology and > > concepts against persons with disabilities from its legislation, policies, > government > > regulations, Government websites, and in public discourse; > > (d) Ensure that community services are available and inclusive for all > persons > > with disabilities without discrimination, especially in rural areas where > the unique > > disability identification card has yet to be implemented. > > 7. The Committee is concerned about the absence of comprehensive national > and state > > action plans to implement the Convention and the uneven implementation of > legislative > > measures recognising the rights of persons with disabilities across all > states. > > 8. The Committee recommends that the State party: > > (a) Ensure the prompt review and adoption of an action plan for > > implementing the Convention at the national and state levels, ensuring the > meaningful > > involvement of persons with disabilities through their representative > organizations, > > targeting all persons with disabilities, including those living in rural > areas, in public > > policy efforts, and ensuring cross-sectoral human and technical resources > and budget > > allocations; > > (b) Ensure cooperation with authorities at the state level to implement the > > legislation recognising the rights of persons with disabilities across all > states. > > 9. The Committee is concerned that the participation of organizations of > persons with > > disabilities is not prioritized in decision-making processes relating to > them, and that their > > opinions are not reflected in the results of such processes. > > 10. The Committee recommends that the State party, guided by the > Committee's > > general comment No. 7 (2018) on the participation of persons with > disabilities, including > > children with disabilities, through their representative organizations, in > the > > implementation and monitoring of the Convention: > > (a) Ensure that consultations and involvement of organizations of persons > > with disabilities in decision-making processes comprises those > organizations > defined in > > CRPD/C/IND/CO/1 > > 3 > > paragraphs 10 to 13 of the Committee's general comment No. 7, including of > women > > with disabilities, at all levels of government, and all public policy > areas; > > (b) Remove barriers for the participation of organizations of persons with > > disabilities including guardianship regimes, and provide appropriate > resources for > > their effective participation, accessible and inclusive information and > methodologies of > > consultation; > > (c) Ensure that the opinions of persons with disabilities are given due > weight > > and are reflected in decisions resulting from consultations, adopting > accountability > > criteria concerning public decision-making. > > B. Specific rights (arts. 5-30) > > Equality and non-discrimination (art. 5) > > 11. The Committee is concerned about: > > (a) The lack of an explicit prohibition of disability-based discrimination > in the > > Constitution, and the exceptions to the anti-discrimination clause in > section 3.3 of the Rights > > of Persons with Disabilities Act 2016 allowing for discrimination against > persons with > > disabilities under certain circumstances; > > (b) Multiple and intersecting discrimination and discrimination by > association in > > legislation and in practice against persons affected by leprosy and their > family members, > > particularly women, who experience isolation, seclusion in "leprosy > colonies" or at home, > > rejection from school, dismissal from jobs, and barriers to exercise > autonomy; > > (c) The absence of measures to combat multiple and intersecting forms of > > discrimination against, inter alia, persons with disabilities in scheduled > castes and scheduled > > tribes, including Dalits and Adivasi, older persons with disabilities, > persons with disabilities > > living with HIV/AIDS, indigenous persons with disabilities, persons with > disabilities > > belonging to ethnic, linguistic and religious minorities, and lesbian, gay, > bisexual, > > transgender and intersex persons with disabilities; > > (d) The lack of effective redress in cases of discrimination on the basis > of > disability > > and multiple or intersecting discrimination, including gender-based > discrimination against > > women with disabilities. > > 12. The Committee recommends that the State party, guided by the > Committee's > > general comment No. 6 (2018) on equality and non-discrimination and taking > into > > account targets 10.2 and 10.3 of the Sustainable Development Goals: > > (a) Amend the Constitution to explicitly prohibit disability-based > > discrimination and repeal section 3.3 of the Rights of Persons with > Disabilities Act 2016, > > ensuring that its legislation recognises direct and indirect > disability-based > > discrimination and multiple and intersecting forms of discrimination faced > by persons > > with disabilities; > > (b) Repeal all discriminatory legislation against persons affected by > leprosy > > in all areas, including in the Hindu Marriage rules 2013, the Family Court > Rules, and > > provisions restricting their freedom of movement or preventing them from > > participating in public life, and be guided by the Principles and > Guidelines > for the > > elimination of discrimination against persons affected by leprosy and their > family > > members (Human Rights Council Resolution 15/10 adopted on 30 September > 2010) > to > > address the situation of persons affected by leprosy; > > (c) Assess the situation of and adopt anti-discrimination legislation and > > public policies to tackle multiple and intersecting forms of > discrimination, > with the aim > > of achieving inclusive equality for persons with disabilities facing > intersectional > > discrimination; > > (d) Ensure access by persons with disabilities to effective legal remedies > and > > redress, including compensation in cases of disability-based discrimination > and the > > CRPD/C/IND/CO/1 > > 4 > > denial of reasonable accommodation, considering the gender dimension of > > discrimination against women with disabilities. > > Women with disabilities (art. 6) > > 13. The Committee is concerned about multiple and intersecting forms of > discrimination > > faced by women and girls with disabilities, and: > > (a) The disability stereotypes, stigma and lack of awareness about multiple > and > > intersecting discrimination on women and girls with disabilities, > particularly those with > > psychosocial or intellectual disabilities and those living in rural areas, > and the lack of > > inclusion of women with disabilities in general and disability inclusive > policies; > > (b) The lack of gender-responsive policies and budgeting, and the absence > of > > disaggregated information by sex concerning equal enjoyment and access of > women and girls > > with disabilities to all rights and services, in all areas of life; > > (c) The barriers to the participation and involvement of women with > disabilities in > > policy-making processes. > > 14. The Committee recommends that in line with its general comment No. 3 > (2016) > > on women and girls with disabilities and considering targets 5.1, 5.2 and > 5.5 of the > > Sustainable Development Goals, the State party: > > (a) Strengthen measures to address multiple and intersectional forms of > > discrimination against women and girls with disabilities; > > (b) Adopt national and state action plans for promoting equality and the > > inclusion of women and girls with disabilities in all areas of life, ensure > that the national > > policy for women mainstreams disability, and ensure the effectiveness of > campaigns to > > raise awareness reduce stigma, gender and disability stereotypes, involving > women with > > disabilities through their representative organizations in awareness > raising > > programmes following the Committee's general comment No. 7 (2018); > > (c) Establish gender-responsive policies and budget allocations at the > national > > and state levels to address the rights of all women and girls with > disabilities, irrespective > > of impairment, rural or urban location, ethnic identity, social or economic > background > > and collect data disaggregated by sex, age, ethnic, linguistic or religious > background to > > better inform policy and provision of services; > > (d) Ensure the full and effective participation of women with disabilities > in > > decision and policy-making at all levels, including in relation to policies > adopted by the > > Ministry of Women and Child Development, the National Commission for Women > and > > state women commissions. > > Children with disabilities (art. 7) > > 15. The Committee is concerned about: > > (a) Exclusion of and disregard for children with disabilities from basic > public > > services such as health care and education, particularly girls with > disabilities, and the lack of > > early intervention and support programmes for children with disabilities; > > (b) Limited coverage of schemes to protect children with disabilities > living > in rural > > areas and to prevent abandonment on the account of disability and poverty; > > (c) Lack of measures to ensure that children with disabilities can > participate and > > express their views on matters affecting them, such as legal proceedings or > the provision of > > care and protection. > > 16. The Committee recommends that the State party: > > (a) Allocate financial resources to ensure inclusion in basic public > services > > and support for all children with disabilities, including in early > childhood, ensuring > > accessible early development centres for all children; > > CRPD/C/IND/CO/1 > > 5 > > (b) Ensure the effective protection of all children with disabilities under > the > > Child Protection Scheme and other programmes, prioritizing children in > rural > areas > > and children facing a risk of abandonment and institutionalization, > strengthening > > measures to provide support in the community, including foster families; > > (c) Adopt measures to facilitate that children with disabilities express > their > > views in all matters related to their lives, including in administrative or > judicial > > procedures. > > Awareness-raising (art. 8) > > 17. The Committee is concerned about: > > (a) The prevalence of prejudices and stigma underpinning isolation and > > segregation of persons with disabilities, and the limited impact and lack > of > information of > > awareness raising campaigns undertaken in rural areas where disability is > seen as an > > "outcome of fate"; > > (b) The regressive negative portrayal of persons with disabilities in the > media, and > > a recent spate of unaddressed discriminatory and derogatory narratives by > political leaders > > and actors; > > (c) The lack of information on the Convention and other disability-rights > related > > laws and policies, particularly in states of the Northeast region. > > 18. The Committee recommends that the State party, in cooperation with > > organizations of persons with disabilities: > > (a) Adopt a national strategy to raise awareness and combat prejudices and > > stigma against persons with disabilities, including in rural areas, > targeting schools, and > > monitoring their impact; > > (b) Implement comprehensive awareness raising programmes including > > training for policy-makers, administration staff at all levels of > authority, > the judiciary, > > law enforcement officers, the media, professionals and staff working with > and for > > persons with disabilities and their families to promote the human rights > model of > > disability, address prejudices and derogatory language against persons with > disabilities > > in society, including multiple and/or intersectional discrimination on the > grounds of > > inter alia sexual orientation, intersex and gender identity; > > (c) Translate the Convention and its Optional Protocol as well as the > > Committee's general comments into local languages, in accessible formats > and > > disseminate them widely. > > Accessibility (art. 9) > > 19. The Committee is concerned about: > > (a) The lack of coordinated and cross-sectoral work and ownership of the > > Accessible India Campaign under the Ministry of Social Justice and > Empowerment's flagship > > scheme; > > (b) The lack of accessibility of goods and services in the Bureau of Indian > > Standards Act and Broader Obligations Principle of the Manual for > Procurement of Goods > > 2017; > > (c) The slow progress in improving accessibility to transportation, > physical > > environment and information and communication technologies, including > Government > > websites. > > 20. In the light of article 9 of the Convention and its general comment No. > 2 (2014), > > the Committee recommends that the State party, in its efforts to meet goal > 9 > and targets > > 11.2 and 11.17 of the Sustainable Development Goals: > > (a) Implement the Rights of Persons with Disabilities Act 2016 section > 40-46 > > on accessibility by taking a cross-sectoral approach, requiring all > ministries engaged in > > public infrastructure to include accessibility in all planning and > implementation > > CRPD/C/IND/CO/1 > > 6 > > processes with a time frame, budget and monitoring and evaluation to > improve > > accessibility, especially in rural areas, involving persons with > disabilities through their > > representative organizations at every stage; > > (b) Ensure accessibility requirements in public procurement legislation and > > policies for goods and services, especially in the Bureau of Indian > Standards Act at the > > Central and State level; > > (c) Enforce accessibility of transportation services, including transport > > concessions and licenses, accessibility of information, and accelerate the > > implementation of the barrier-free buildings. > > Right to life (art. 10) > > 21. The Committee is concerned about the deaths of children with > disabilities in > > institutions, and information about "mercy killings" of intersex children > with disabilities. It > > is also concerned about information of alleged extrajudicial executions of > persons with > > intellectual or psychosocial disabilities in conflict areas. > > 22. The Committee recommends that the State party adopt measures to ensure > the > > respect of the right to life of all persons with disabilities, enforce > investigations aimed > > at identifying the cause of death of children with disabilities in > institutions, and sanction > > perpetrators,. It also recommends that the State party protect intersex > children from > > attacks against their lives and any related harmful practices, and adopt > measures to > > prevent the executions of persons with disabilities in relation to violence > and armed > > conflict. > > Situations of risk and humanitarian emergencies (art. 11) > > 23. The Committee is concerned about: > > (a) The lack of policies to consult organizations of persons with > disabilities in > > planning, implementing, monitoring and evaluating disaster risk reduction > strategies; > > (b) The information gaps on the number of internally displaced persons with > > disabilities, particularly those living outside formal camps or > resettlement > areas, the absence > > of humanitarian assessments to ensure appropriate and disability inclusive > emergency > > responses, including for persons at a higher risk of displacement; > > (c) The lack of information about persons with disabilities in Kashmir, and > > strategies to ensure appropriate humanitarian assistance. > > 24. The Committee recommends that the State party, in accordance with the > Sendai > > Framework for Disaster Risk Reduction 2015-2030, and the Guiding Principles > on > > Internal Displacement: > > (a) Ensure the effective involvement of organizations of persons with > > disabilities in the disaster risk reduction strategy and/or National > Disaster Management > > Plan/Guidelines, ensuring the implementation of measures of accessibility > and inclusion > > of persons with disabilities in situations of risk; > > (b) Develop early warning systems in situations of risk that are accessible > for > > all persons with disabilities; > > (c) Ensure the provision of human rights-based response to internally > > displaced persons with disabilities particularly those who have been > displaced for > > prolonged periods in all situations of risk, including violence and armed > conflict, > > natural disasters, or in connection to the exploitation of natural > resources, and adopt > > policies to protect the rights of internally displaced persons with > disabilities, ensuring > > provision of assistance, and accessible and safe shelters for them; > > (c) Adopt measures to assess the situation of persons with disabilities in > the > > state of Kashmir and ensure their access to assistance and community basic > services, > > such as health and education, and consider the endorsement of the Charter > on > inclusion > > of persons with disabilities in humanitarian action. > > CRPD/C/IND/CO/1 > > 7 > > Equal recognition before the law (art. 12) > > 25. The Committee is concerned that the Rights of Persons with Disabilities > Act (article > > 14) allow for "the limited guardianship" and "joint decision system" > affecting deafblind > > persons, persons with intellectual or psychosocial disabilities. It is also > concerned that the > > State party understands guardianship as a form of support (CRPD/C/IND/1, > para. 62), which > > does not adhere to the Convention. It is further concerned about the de > facto guardianship > > imposed on persons affected by leprosy, and the absence of measures to > introduce supported > > decision-making alternatives. > > 26. The Committee recommends that the State party, guided by the > Committee's > > general comment No. 1 (2014) on equal recognition before the law: > > (a) Repeal all types of guardianship from its national and state > legislation > and > > practices, including in the Rights of Persons with Disabilities Act 2016 > (art. 14), the > > Mental Health Act (art. 4), the Trust for Welfare of Persons with Autism, > Cerebral > > Palsy, and the Mental Retardation and Multiple Disabilities Act; > > (b) Introduce supported decision-making systems respectful of the autonomy, > > will and preferences of all persons with disabilities, and provide > information to persons > > with disabilities about these systems; > > (c) Raise awareness among society, including families of persons with > > disabilities, about the right to equal recognition before the law, and on > how to realize > > the right to legal capacity of persons with disabilities, including persons > affected by > > leprosy, deafblind persons, persons with intellectual or psychosocial > disabilities. The > > State party should train public officials on the right of persons with > disabilities to equal > > recognition before the law, and supported decision-making arrangements, in > line with > > the Convention. > > Access to justice (art. 13) > > 27. The Committee is concerned about: > > (a) The limited procedural and age-appropriate accommodations and the > barriers > > affecting equal access to justice by persons with disabilities, including > the lack of access to > > court buildings, accessible information and sign language interpretation, > and sufficient legal > > aid; > > (b) The fear of retribution faced by victims in cases of violence and > gender-based > > violence against women with disabilities; > > (c) Gender stereotypes and prejudices in the justice system curtailing the > right of > > women with disabilities to access to justice in cases of gender-based > violence against them, > > and in cases affecting women under guardianship or institutionalized, > including the disregard > > of the testimony of women and girls with intellectual or psychosocial > disabilities; > > (d) The lack of awareness and capacity building of all actors in the > justice > system, > > concerning the rights of persons with disabilities, and the absence of > measures, including for > > providing reasonable accommodation that would enable them in assuming > positions as a > > judges, members of the jury or other functions in the judiciary. > > 28. The Committee recommends that the State party: > > (a) Ensure effective access to justice for persons with disabilities > without > > discrimination, and procedural, age-appropriate and gender-sensitive > accommodations > > in complaint mechanisms and the justice system, in all areas of law. The > State party > > should strengthen its efforts to provide persons with disabilities with > accessible free > > legal aid, remove barriers to the physical environment and information, and > develop > > accessible reporting procedures, particularly in cases of gender-based > violence against > > women, and for women under guardianship or institutionalized; > > (b) Ensure that the justice system adjudicate cases in a gender-sensitive > > manner and that procedures for lodging complaints are responsive to women > with > > disabilities and guarantee their privacy and safety; > > CRPD/C/IND/CO/1 > > 8 > > (c) Combat stigma, gender and disability stereotypes, ensuring that > > prosecutions and trials are managed in a disability and gender-sensitive > manner; > > (d) Ensure that different actors of the criminal justice system, including > the > > police are trained to facilitate persons with disabilities, and promote and > support > > persons with disabilities' participation as professionals in the judicial > system, including > > as judges. > > Liberty and security of the person (art. 14) > > 29. The Committee is concerned about: > > (a) The institutionalization of persons with disabilities on the basis of > impairment, > > including in "disabled homes", "rehabilitation institutions", psychiatric > hospitals, > > particularly affecting persons with intellectual or psychosocial > disabilities, homeless persons > > with disabilities and persons requiring high levels of support, in the > absence of measures to > > end all forms of institutionalization, on the basis of impairment; > > (b) Confinement of persons with intellectual disabilities at home; > > (c) The incarceration of persons reported as "mentally ill" on the basis of > > impairment and the assumption of being unfit to stand trial. > > 30. The Committee recommends that the State party, consider the guidelines > on the > > right to liberty and security of persons with disabilities (see A/72/55, > annex), and take > > measures to: > > (a) Repeal provisions of the Mental Health Care Act and the Beggary > > Prevention Act that allow for institutionalization on the basis of > impairment, and adopt > > strategies to end all forms of institutionalization, involuntary commitment > and > > segregation on the basis of impairment, and the seclusion of persons with > intellectual or > > psychosocial disabilities in all types of institutions; > > (b) Take measures to prevent the confinement of persons with intellectual > > disabilities within their homes and provide for human rights-based support, > and > > community services for all persons with disabilities on an equal basis with > others; > > (c) Ensure the right to due process and fair trial of persons with > psychosocial > > disabilities in criminal proceedings, and end the use of "criminal wards > for > the insane". > > Freedom from torture and cruel, inhuman or degrading treatment or > punishment > > (art.15) > > 31. The Committee is concerned about: > > (a) The practice of the "two finger test" in the prosecution of cases of > sexual > > violence, including rape; > > (b) The fact that sanctions against ill treatment in the Rights of persons > with > > Disabilities Act only cover some forms of ill treatment and require the > intention to humiliate > > (Section 92 (a)); > > (c) The prevalence of inherent forms of violence and ill treatment in > institutions > > particularly affecting children with disabilities, persons with > intellectual > or psychosocial > > disabilities, and women with disabilities, including physical and chemical > restraints, forced > > medication, coercion, physical abuse, humiliation, electro-convulsive > therapy, shackling, > > forced labour, and corporal punishment, including in child care facilities; > > (d) The absence of measures to prevent and ensure the freedom of persons > with > > disabilities from torture and cruel, inhuman or degrading treatment or > punishment. > > 32. The Committee recommends that the State party adopt measures to prevent > and > > stop all forms of ill treatment against persons with disabilities, > including > by: > > (a) Ensuring the enforcement of the prohibition on the "two finger test" > and > > that sanctions are applied when it is performed, implementing > accountability > > mechanisms in the justice system. The State party should ensure > implementation of the > > CRPD/C/IND/CO/1 > > 9 > > recommendations issued by the Committee on the Elimination of > Discrimination > > against Women (CEDAW/C/IND/CO/4-5, see para. 11 about standard procedures > for > > the police on gender sensitive investigation and treatment of victims and > of > witnesses; > > (b) Promptly ratifying the Convention against Torture and Other Cruel, > > Inhuman or Degrading Treatment or Punishment and its optional protocol; > > (c) Establishing accessible complaint mechanisms for persons with > > disabilities in institutions; ensuring oversight of all places where > persons > with > > disabilities are institutionalized including by the National Human Rights > Commission > > and state commissions, and setting-up a task force for generating data > about > cases of > > torture and ill treatment, with effective involvement of organizations of > persons with > > disabilities; > > (d) Ensuring that all forms of ill treatment against persons with > disabilities > > constitute criminal offences in line with the definition of torture in > international law, > > and ensuring investigations, prosecutions, sanctions for perpetrators of > torture and illtreatment, > > and redress to persons with disabilities subjected to ill treatment. > > Freedom from exploitation, violence and abuse (art. 16) > > 33. The Committee is concerned about: > > (a) All forms of violence against children and adults with disabilities, > including > > gender-based violence against women and girls, particularly physical, > sexual, psychological > > violence, harassment and financial exploitation and abuse, trafficking, > kidnapping, neglect, > > and corporal punishment or other forms of violent punishment in all > settings; > > (b) The lack of measures to identify, prevent and combat all forms of > violence > > against persons with disabilities, including the delay in enforcing > legislative provisions to > > tackle violence against them; > > (c) The lack of disaggregated statistical data in the National Crime > Records > > Bureau on cases of gender-based violence against women and girls with > disabilities, > > including violence inflicted by intimate partners; > > (d) The limited availability of accessible shelters for women with > disabilities > > victims of violence, and the lack of effective remedies and redress for > persons with > > disabilities facing violence, including, rehabilitation and compensation. > > 34. The Committee recommends that the State party: > > (a) Adopt and implement national and state strategies to identify, prevent, > > combat and end all forms of violence against persons with disabilities, > including against > > women, girls and boys with disabilities. This process should involve > organizations of > > persons with disabilities, particularly of women with disabilities in > adopting measures > > to identify instances of gender-based violence against women and girls with > disabilities; > > (b) Ensure that legal remedies to address the situation of women and girls > > with disabilities facing gender-based violence against women included in > the > Rights of > > Persons with Disabilities Act 2016, the Juvenile Justice (Care and > Protection of > > Children) Act 2015, and the Domestic Violence Act 2005 are promptly > implemented; > > (c) Ensure that the National Crime Records Bureau collect data > > disaggregated by sex, age, place of residence, relationship with > perpetrator > and > > disability in cases of violence and exploitation, including gender-based > violence against > > women and girls with disabilities, and violence inflicted by intimate > partners; > > (d) Ensure remedies for violence, including sexual violence and accessible > > complaint mechanisms and access to justice for persons with disabilities, > including > > those who reside in institutions; > > (e) Ensure an effective independent monitoring of facilities and programmes > > designed to serve persons with disabilities, in line with article 16 (3) of > the Convention, > > and that civil society organizations, including organizations of persons > with disabilities, > > are involved in oversight activities. > > CRPD/C/IND/CO/1 > > 10 > > Protecting the integrity of the person (art. 17) > > 35. The Committee is concerned about: > > (a) Continuing lawful practices of forced sterilisation, forced > contraception and > > forced abortion particularly affecting women with intellectual or > psychosocial disabilities in > > institutions; > > (b) Harmful practices against women with disabilities particularly forced > > marriages, dowry payments from families, and State schemes promoting > payments incentives > > for marriage with a woman with disabilities or to prompt marriage among > persons with > > disabilities; > > (c) Sex assignment surgeries or "sex normalizing" surgery on intersex > children, > > stigmatization, bullying, and restricted access to community services. > > 36. The Committee recommends that the State party: > > (a) Repeal section 92 (f) of the Rights of Persons with Disabilities Act on > > withdrawal of consent to abortion of women with "severe disability" and > legislation > > authorizing medical treatment on the basis of third party consent, and > provide all > > persons with disabilities with mechanisms of supported decision-making for > expressing > > prior and informed consent in relation to medical treatment; > > (b) Redouble its efforts to enforce the legal prohibition of harmful > practices > > such as dowry payments and forced marriages, in relation to women and girls > with > > disabilities, and effectively end harmful practices. The State party should > ensure actual > > implementation of the recommendations issued by the Special Rapporteur on > violence > > against women, its causes and consequences (A/HRC/26/38/Add.1, see para. 80 > (c)) on > > the designing of targeted awareness-raising campaigns at the community > level > on > > harmful practices; > > (c) Adopt measures to prevent sex assignment or "sex normalizing" > surgeries, > > bullying and stigmatization against intersex children, ensuring their > rights > to preserve > > their physical and mental integrity. > > Liberty of movement and nationality (art. 18) > > 37. The Committee is concerned about: > > (a) The lack of registration at birth of children with disabilities, > particularly > > deafblind children, children requiring high levels of support, and intersex > children at a > > heightened risk of neglect, the absence of disaggregated data, and the > insufficient measures > > to ensure the early registration of and the access to the unique > identification disability cards > > by children with disabilities in remote and rural areas, those internally > displaced or in refugee > > camps, which results in lack of access to community services by them; > > (b) The situation of persons with disabilities, including Muslim persons > with > > disabilities rendered stateless as a result of the registry process > undertaken in the state of > > Assam, and currently in detention camps. > > 38. The Committee recommends that the State party: > > (a) Adopt a programme to ensure the registry of children with disabilities > > immediately after birth, disaggregation of data of the birth registry and > that it > > facilitates the recognition of unique identification disability cards for > all children with > > disabilities, and their access to appropriate early intervention and > community services; > > (b) Ensure the respect and protection of all human rights of persons with > > disabilities rendered stateless, including those in detention camps, > urgently adopting > > measures to allow the reacquisition of nationality, and ratify or accede to > the 1954 > > Convention relating to the Status of Stateless Persons and the 1961 > Convention on the > > Reduction of Statelessness. > > Living independently and being included in the community (art. 19) > > 39. The Committee is concerned about: > > CRPD/C/IND/CO/1 > > 11 > > (a) Institutionalization of persons with disabilities, including children > with > > disabilities, in large and small congregated settings, and absence of > measures to ensure living > > independently and being included in the community; > > (b) The lack of measures to establish individualized support to live in the > > community, and persons with disabilities' reliance on kinship support for > undertaking daily > > activities; > > (c) The lack of progress in accessibility to community services by all > persons with > > disabilities, particularly women and girls with intellectual or > psychosocial > disabilities, > > including in access to urban affordable and accessible housing. > > 40. The Committee recommends that the State party, guided by the > Committee's > > general comment No. 5 (2017) on living independently and being included in > the > > community: > > (a) End all forms of institutionalization based on disability, repeal > legislation > > providing the establishment of institutions for persons with "severe > disability", and > > adopt a deinstitutionalization strategy, with appropriate financial, human > and technical > > resources and a timeframe, in consultation with organizations of persons > with > > disabilities, prioritizing deinstitutionalization of children from all > types > of institutions; > > (b) Provide personal assistance and strengthen community support networks > > facilitating social inclusion, and individualized supports; > > (c) Adopt a strategy and indicators of progress concerning access by > persons > > with disabilities to mainstream community services, removing the barriers > for women > > with intellectual or psychosocial disabilities in particular in accessing > public services, > > such as housing, inclusive education and work and employment. > > Personal mobility (art. 20) > > 41. The Committee is concerned about the lack of available and affordable > assistive > > devices and related support services for all persons with disabilities, > particularly in rural and > > remote areas, and the lack of involvement of persons with disabilities as > experts on assistive > > devices and technology and to encourage the development of local > manufacture. > > 42. The Committee recommends that the State party adopt measures to ensure > the > > availability, equal distribution and affordability of assistive devices. It > also recommends > > that the State party develop training on quality standards, and promoting > the inclusion > > of local or indigenous manufactures for the production, maintenance and > distribution > > of assistive devices and appliances, ensuring the involvement of > organizations of persons > > with disabilities at the local level and in rural areas. > > Freedom of expression and opinion, and access to information (art. 21) > > 43. The Committee is concerned about: > > (a) The lack of recognition of sign language as an official language and > the > very > > low number of sign language interpreters; > > (b) The lack of measures to provide Easy Read, tactile forms of > communications, > > and to improve information services, particularly for Augmentative and > Alternative > > Communication; > > (c) The low number of TV channels providing close captioning, sign > language, > > and about the attitudinal barriers in private broadcast service providers > regarding accessibility > > of information for persons with disabilities. > > 44. The Committee recommends that the State party: > > (a) Recognise sign language as official language, allocating public > resources > > to provide training and increase the availability of sign language > interpreters in court > > proceedings, health care, education, leisure, religious and cultural > services; > > (b) Ensure all persons with disabilities have access to all public > information > > and services in accessible augmentative and alternative communication, Easy > Read, > > CRPD/C/IND/CO/1 > > 12 > > plain language, tactile communications, and accessible digital > Internet-based services, > > considering internationally recognized accessibility standards; > > (c) Enforce the national broadcast legislation introducing sanctions for > lack > > of compliance with the accessibility requirements. > > Respect for privacy (art. 22) > > 45. The Committee is concerned that persons with disabilities using the > Unique > > Identification number "Aadhaar card" have experienced interference in their > privacy, > > compromising their personal data. > > 46. The Committee recommends that the State party take measures to ensure > that > > all identification processes guarantee individuals' privacy, and enact > legislation for the > > protection of the privacy of person with disabilities, particularly in > their > interaction > > with service providers or personnel providing support. > > Respect for home and the family (art. 23) > > 47. The Committee is concerned about religious personal laws restricting > the > right to > > marriage of persons with disabilities including women with disabilities and > persons affected > > by leprosy, those at the state level allowing for divorce on grounds of > disability and restricting > > parental responsibilities of persons with disabilities and their right to > adopt children. It is also > > concerned at the lack of measures to prevent separation of children from > their parents on the > > basis of disability. > > 48. The Committee recommends that the State party: > > (a) Repeal restrictions relating to marriage and family of persons with > > disabilities, including persons with intellectual or psychosocial > disabilities, and those > > requiring higher levels of support from personal laws of marriage and > divorce; > > (b) Repeal provisions from the Adoption Regulation 2017 upon which > > persons with disabilities may be declared not eligible for the adoption of > children based > > on assessments of physical, mental, emotional or life threatening medical > conditions, > > ensuring human rights-based monitoring of adoption procedures by the > Central > > Adoption Resource Authority; > > (c) Adopt policy measures, in line with article 23 (3) and (4) of the > > Convention, to support children with disabilities and their families and > prevent > > separation of children from their families on the basis of disability of > either the child or > > one or both of their parents. > > Education (art. 24) > > 49. The Committee is concerned about: > > (a) The prevalence of segregated education, the high illiteracy rate among > persons > > with disabilities particularly persons with intellectual disabilities and > women and girls with > > disabilities, and the low number of students with disabilities enrolled in > the mainstream > > inclusive education; > > (b) Rejection from school of children with disabilities, particularly > children > > affected by leprosy, and bullying against intersex children, causing drop > out from school; > > (c) The lack of accessible inclusive schools in rural and remote areas; > > (d) The lack of training for school personnel, teaching methodologies and > > materials to include children with disabilities, inter alia for deafblind > students, limited seats > > for children with disabilities in schools, and insufficient provision of > sign language > > interpretation for deaf and hard of hearing students, and safe > transportation for children with > > disabilities. > > 50. In line with the Committee's general comment No. 4 (2016) on the right > to > > inclusive education and considering targets 4.5 and 4.8 of the Sustainable > Development > > Goals, the Committee recommends that the State party: > > CRPD/C/IND/CO/1 > > 13 > > (a) Take measures to ensure the implementation of inclusive education for > > students with disabilities, and redouble its efforts to reduce illiteracy > among persons > > with disabilities; > > (b) Take measures to prevent rejection, stigma and bullying of children > with > > disabilities, particularly children affected by leprosy and intersex > children, review > > regulations to ensure access to education, undertake campaigns to combat > disability > > stereotypes and establish complaint mechanisms and sanctions in cases of > > discrimination; > > (c) Ensure sustainable human and financial resources to build and maintain > > accessible schools for children with disabilities in rural areas; > > (d) Ensure that the learning environment, including the physical > > environment, admission procedures, teaching resources and methodologies, > online > > platforms for learning, classrooms and transport are accessible and safe > for > children > > with disabilities, and adopt measures to ensure the provision and > availability of sign > > language interpretation in the classrooms, augmentative and alternative > > communication and Easy Read at all levels of education. > > Health (art. 25) > > 51. The Committee is concerned about: > > (a) The lack of gender-sensitive programs on sexual and reproductive health > and > > rights for women and girls with disabilities; > > (b) The insufficient coverage of the national health protection scheme in > relation > > to persons with disabilities, and lack of affordable insurance for persons > with intellectual > > disabilities; > > (c) Discrimination in disability related health-care services in the > national healthcare > > schemes, particularly affecting persons affected by leprosy, and women and > girls with > > intellectual or psychosocial disabilities. > > 52. The Committee recommends that the State party: > > (a) Adhere to article 25 of the Convention in its efforts to achieve > targets > 3.7 > > and 3.8 of the Sustainable Development Goals; > > (b) Adopt measures to provide women and girls with disabilities with > > appropriate and accessible sexual and reproductive health care, and that > response and > > counselling in cases of gender-based violence against women and girls with > disabilities > > is accessible, inclusive, and age-gender-sensitive; > > (c) Ensure universal health care coverage and access for all persons with > > disabilities in rural and urban areas; > > (d) Adopt measures to ensure equal access to health and non-discrimination > > in the provision of disability related health-care services in the national > health-care > > schemes including for persons affected by leprosy, women and men with > intellectual or > > psychosocial disabilities, ensuring that service providers facilitate > access > to health > > services. > > Habilitation and rehabilitation (art. 26) > > 53. The Committee is concerned that the Deendayal Disability Rehabilitation > scheme > > emphasizes a medical and charity-based approach to disability, and that it > discriminates > > against persons with disabilities from marginalized groups. > > 54. The Committee recommends that the State party promote community-based > > inclusive development, reframing the Deendayal Disability Rehabilitation > scheme in > > consultation with organizations of persons with disabilities, particularly > those in rural > > areas, ensuring budgetary allocation for habilitation and rehabilitation > across the State > > party and quality standards of programmes, monitoring and evaluations on > regular > > basis. > > CRPD/C/IND/CO/1 > > 14 > > Work and employment (art. 27) > > 55. The Committee is concerned about: > > (a) The fact that only 37 percent of persons with disabilities have access > to > > employment, that only 1.8 percent of women with disabilities access to > employment, and the > > very low representation of persons with intellectual disabilities in > employment; > > (b) Information about cases of sexual harassment in the workplace against > women > > with disabilities and the lack of measures to prevent and protect them; > > (c) The lack of implementation of the 4 per cent employment quota for > persons > > with disabilities in employment. > > 56. The Committee recommends that the State party: > > (a) Adopt a national and state strategies for ensuring access to employment > > by persons with disabilities in the open labour market, through equal > opportunity > > policies, recruitment and skill development training programmes for persons > with > > disabilities. The State party should ensure the inclusion of all persons > with disabilities > > in the implementation of the Mahatma Gandhi National Regional Employment > > Guarantee Act, collecting information and disaggregated data on its > implementation; > > (b) Decisively combat sexual harassment, exploitation and abuse at the > > workplace against women with disabilities, including by disseminating > accessible public > > information and implementing redress for women facing sexual harassment; > > (c) Take effective measures to promote employment of persons with > > disabilities in the open labour market, particularly persons with > disabilities from > > marginalized groups. > > Adequate standard of living and social protection (art. 28) > > 57. The Committee is concerned about: > > (a) The lack of measures to ensure that all persons with disabilities are > registered > > and covered by national social protection schemes; > > (b) The absence of social protection schemes covering disability-related > extra > > costs for persons with disabilities requiring higher levels of support; > > (c) The situation of homeless persons with disabilities, and the absence of > policies > > to ensure affordable and accessible housing as well as security of tenure > by > persons with > > disabilities, including persons affected by leprosy. > > 58. The Committee recommends that the State party: > > (a) Ensure access to social protection programmes by all persons with > > disabilities, including to pension schemes, unemployment, transportation or > care > > allowances or other entitlements, fostering adequate living conditions in > urban and > > rural areas. The State party should ensure adequate monitoring and > collection of > > disaggregated data by disability, gender and age; > > (b) Introduce and ensure that all persons with disabilities access > entitlements > > to cover disability-related extra costs, disability pensions, and > strengthen > identification > > procedures for accessing pensions and increasing pension wages; > > (c) Adopt a public policy for housing ensuring equal access by persons with > > disabilities to affordable housing, and measures to ensure security of > tenure, paying > > attention to the recommendations issued by the Special rapporteur on > adequate housing > > in 2017 (A/HRC/34/51/Add.1). > > Participation in political and public life (art. 29) > > 59. The Committee is concerned about the constitutional provisions > restricting the > > participation of persons with disabilities in political life on the basis > of > impairment, and the > > insufficient accessible information and electoral proceedings for all > persons with disabilities. > > CRPD/C/IND/CO/1 > > 15 > > 60. The Committee recommends that the State party: > > (a) Amend constitutional and legislative provisions restricting the right > to > > vote for all persons with disabilities, and those restricting their right > to > stand in elections > > and hold public office, and promote participation of persons with > disabilities in political > > life and in pubic decision-making processes at all levels, including > through > affirmative > > action measures; > > (b) Ensure accessibility of electoral processes, including physical and > > informational environments, in consultation with organizations of persons > with > > disabilities taking into account Resolution 2015 of the Forum for Election > Management > > Bodies of South Asia. > > Participation in cultural life, recreation, leisure and sport (art. 30) > > 61. The Committee is concerned about the lack of measures to implement > access to > > mainstream recreation, cultural activities, leisure and sports by persons > with disabilities, and > > insufficient measures to further promote the implementation of the > Marrakesh > treaty. > > 62. The Committee recommends that the State party undertake implementation > > plans to monitor and have redress mechanisms to ensure the accessibility of > leisure and > > sport sites and that it recognise cultural identities, and encourage the > participation of > > persons with disabilities in cultural performances, cultural exchanges, and > adopt > > policies to incentivize publishers to make reading materials available in > accessible > > formats, ensuring promoting cross-border exchange of resources in line with > the > > Marrakesh treaty. > > C. Specific obligations (arts. 31-33) > > Statistics and data collection (art. 31) > > 63. The Committee is concerned that the official available statistics are > based on the > > medical model of disability, and that questions concerning persons with > disabilities limit the > > possibility of self-identification. > > 64. In view of target 17.18 of the Sustainable Development Goals, the > Committee > > recommends that the State party rely on the methodology of the Washington > Group > > short set of questions on Disability Statistics to collect, analyse and in > cooperation with > > organizations of persons with disabilities gather and disseminate data on > its population > > disaggregated by sex, age, ethnicity, disability, socioeconomic status, > employment, > > barriers encountered and place of residence, and data on cases of > discrimination or > > violence against persons with disabilities, ensuring both > disability-specific and > > disability-inclusive/mainstream data collection. > > International cooperation (art. 32) > > 65. The Committee is concerned at the absence of appropriate mechanisms to > measure > > the impact of development cooperation efforts on persons with disabilities, > and the lack of > > information about the effective involvement of organizations of persons > with > disabilities as > > development cooperation partners. > > 66. The Committee recommends that the State party: > > (a) Adopt measures to ensure the effective participation, inclusion and > > consultation with organisations of persons with disabilities in the design, > > implementation, monitoring and evaluation of programmes and projects > developed in > > international cooperation efforts; > > (b) Mainstream disability rights and requirements in the national > > implementation and monitoring of the 2030 Agenda for Sustainable > Development > and > > the Sustainable Development Goals. > > CRPD/C/IND/CO/1 > > 16 > > National implementation and monitoring (art. 33) > > 67. The Committee is concerned about: > > (a) The lack of executive power of the Central Advisory Board on Disability > and > > the equivalent state bodies for coordination across different departments > and sectors to ensure > > the effective implementation of the Convention; > > (b) The absence of an independent framework for protecting, promoting and > > monitoring the implementation of the Convention, despite the establishment > of the chief > > commissioner and state commissioners for persons with disabilities; > > (c) The lack of information about mechanisms for the participation of > > organizations of persons with disabilities in the independent monitoring of > the Convention. > > 68. The Committee recommends that the State party: > > (a) Take measures to strengthen the Central Advisory Board and the > > equivalent state bodies beyond an advisory role, ensure coordination of > focal points on > > disability, across the State party levels and sectors ensuring the > effective > > implementation of the Convention; > > (b) Ensure that the national and state human rights commissions are part of > > the independent monitoring framework under the Convention, providing > technical, > > human and financial support to accomplish their mandates taking into > account > the > > Committee's guidelines on the participation and engagement of NHRIs and > > independent monitoring frameworks in the work of the Committee on the > Rights > of > > Persons with Disabilities (CRPD/C/1/Rev.1, annex); > > (c) Ensure that persons with disabilities and their representative > > organizations effectively participate in monitoring the implementation of > the > > Convention. > > IV. Follow-up > > Dissemination of information > > 69. 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 6 (c), on the harmonization of > legislation > > with the Convention, and paragraph 34 (c), on the collection of data on > gender-based > > violence against women by the National Crime Records Bureau. > > 70. 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, the judiciary > and members > > of relevant professional groups, such as education, medical and legal > professionals, as > > well as to local authorities, the private sector and the media, using > modern > social > > communication strategies. > > 71. 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 reports. > > 72. The Committee requests the State party to disseminate the present > concluding > > observations widely, including to non-governmental organizations and > representative > > organizations of persons with disabilities, and to persons with > disabilities > themselves > > and members of their families, in national and minority languages, > including > sign > > language, and in accessible formats, and to make them available on the > government > > website on human rights. > > CRPD/C/IND/CO/1 > > 17 > > Next periodic report > > 73. The Committee requests the State party to submit its combined second to > fifth > > periodic reports by 1st November 2025 and to include in them information on > the > > implementation of the recommendations made in the present concluding > observations. > > The Committee also requests the State party to consider submitting the > abovementioned > > reports under the Committee's simplified reporting procedure, according to > > which the Committee prepares a list of issues at least one year prior to > the > due date set > > for the report of a State party. The replies of a State party to such a > list > of issues > > constitute its report. > > > > --- > This email has been checked for viruses by AVG. > https://www.avg.com > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > >
-- Regards, Sanchit Katiyar PhD research scholar (University of Delhi) Email: [email protected] Skype: sanchit.katiyar11 Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
