Romanian Institute for Human Rights
Persons with disabilities
The United Nations Convention on the Rights of Persons with Disabilities (CRPD), adopted in December 2006 and in effect since May 2008, is the main international legal instrument fighting discrimination against persons with disabilities.
The Preamble to the Convention acknowledges that disability is an evolving concept that results from the interaction between persons with disabilities and the attitudinal and environmental barriers preventing their full and effective participation in society on an equal basis with the others.
The Convention enshrines the Member States’ obligation to closely consult and involve persons with disabilities and the organizations representing them with the development and the implementation of the legislation in all decision-making processes related to the issue of disability, including the process monitoring implementation of the Convention.
Instruments
Publications
Events
Independent life and integration in the community
Inclusive education
The right to liberty and security
Instruments
Convention on the Rights of Persons with Disabilities
Declaration on the Rights of Persons with Disabilities
Standard Rules for the Equalization of Opportunities of Persons with Disabilities
Recommendation CM/Rec(2011)14 of the Committee of Ministers to member states on the participation of persons with disabilities in political and public life
European Disability Strategy 2010-2020: A Renewed Commitment to a Barrier-Free Europe
Law No. 488/2006 on the protection and promotion of the rights of persons with disabilities ro
Law No. 487/2002 republished in 2012, the Mental health and protection of the persons with mental disorders (text taken from www.legisplus.ro) ro
- Egalitatea de şanse pentru persoane cu handicap, Instrumente Internaţionale şi Jurisprudenţă – IRDO (Equality of opportunities for persons with disabilities, International instruments and jurisprudence)
- Nediscriminare, Autonomie, Incluziune - Irina Moroianu Zlătescu, Anna Neagoe, Ioana Cristina Vida, Alexandru Fărcaş, Dinu Ţepeş (Non-Discrimination, Autonomy, Inclusion) ro
- Drepturi egale şi mediu accesibil - Irina Moroianu Zlătescu, Anna Maria Neagoe, Marius Mocanu (Equal rights and accessible environment) ro
- Evoluţia protecţiei şi promovării drepturilor persoanelor cu dizabilităţi în România – IRDO (Evolution of the protection and promotion of the rights of persons with disabilities in Romania) ro
- Rights of persons with disabilities in Romania. Recent Developments – IRDO
Events
European Independent Living Day
Debate on “Barriers against independent living”
For more detailed information:
- Facebook page of the National Council for Disability ro
- Agenda of the event ro
- Agerpres press release ro
Independent living and integration in the community
Based on the central human rights principle that all human beings are born equal in dignity and rights and each life has an equal value, art. 19 in the Convention on the Rights of Persons with Disabilities acknowledges the equal right of all persons with disabilities to live independently and be integrated in the community, enjoying freedom of choice and control over their own lives.
According to the United Nations Committee on the Rights of Persons with Disabilities, independent living is an essential part of an individual’s autonomy and liberty and does not necessarily mean to live alone. It should not be interpreted as merely the ability to perform one’s daily activities by oneself. It had better be considered as the freedom to make one’s own choices and be in control, in accordance with the respect for the individual’s inherent dignity and autonomy, such as it is enshrined in art. 3 (a) of the Convention.
The barriers identified by the United Nations Committee in terms of implementing article 19 include the following:
(a) Denial of legal capacity, either through formal laws and practices or de facto by substitute decision-making about living arrangements;
(b) Inadequacy of social support and protection schemes for ensuring living independently within the community;
(c) Inadequacy of legal frameworks and budget allocations aimed at providing personal assistance and individualized support;
(d) Physical and regulatory institutionalization, including of children and forced treatment in all its forms;
(e) Lack of deinstitutionalization strategies and plans and continued investments in institutional care settings;
(f) Negative attitudes, stigma and stereotypes preventing persons with disabilities from being included in the community and accessing available assistance;
(g) Misconceptions about the right to living independently within the community;
(h) Lack of available, acceptable, affordable, accessible and adaptable services and facilities, such as transport, health care, schools, public spaces, housing, theatres, cinemas, goods and services and public buildings;
(i) Lack of adequate monitoring mechanisms for ensuring the appropriate implementation of article 19, including the participation of representative organizations of persons with disabilities;
(j) Insufficient mainstreaming of disability in general budget allocations;
(k) Inappropriate decentralization, resulting in disparities between local authorities and unequal chances of living independently within the community in a State party.
See: Committee on the Rights of Persons with Disabilities - General comment No. 5 (2017) on living independently and being included in the community (article 19 in the Convention on the Rights of Persons with Disabilities)
Inclusive education
Inclusive education is essential to achieve high quality education for all those studying, including persons with disabilities, as well as to develop inclusive, peaceful and fair societies. Nevertheless, the educational approach for persons with disabilities most often focuses on the disability, their real or perceived invalidity, and limitation of the opportunities to preconceived and negative suppositions vis-à-vis their potential.
By ratifying the Convention on the Rights of Persons with Disabilities, States committed themselves to respect, to protect and to fulfil each characteristic feature of the right to inclusive education: availability, accessibility, acceptability and adaptability.
Thus, the obligation to respect involves avoidance of measures that prevent the exercise of this right, such as a legislation that excludes certain children with disabilities from the educational system, or the refuse to provide accessibility or reasonable adaptation.
The obligation to protect involves taking measures that prevent interference of third parties in the exercise of this right, for example, parents who refuse to send their daughters with disabilities to school, or private institutions that refuse to enrol persons with disabilities based on the deficiency they suffer from.
The obligation to fulfil involves taking measures that allow and help persons with disabilities to exercise their right to education, for instance, measures by which educational institutions should be accessible and the educational system should be adequately adapted in terms of resources and services.
See: Committee on the Rights of Persons with Disabilities - General comment No. 4 (2016) on the right to inclusive education (article 24 in the Convention on the Rights of Persons with Disabilities
Right to liberty and security
Liberty and security person is one of the most precious rights that everyone is entitled to enjoy. Particularly, all persons with disabilities and especially persons with Intellectual and psycho-social disabilities have the right to liberty as stipulated in article 14 of the Convention on the Rights of Persons with Disabilities (CRPD).
The Committee on the Rights of Persons with Disabilities adopted a document entitled “Guidelines on article 14 of the Convention on the Rights of Persons with Disabilities” in order to clarify several aspects related to the implementation of art. 14 in the Convention - Liberty and security of person. The document refers to such aspects as:
-the absolute prohibition of detention on the basis of impairment;
-involuntary or non-consensual commitment in mental health institutions;
-non-consensual treatment during deprivation of liberty;
-protection of persons with disabilities deprived of their liberty from violence, abuse and ill-treatment;
-deprivation of liberty on the basis of perceived dangerousness of persons with disabilities, alleged need for care or treatment, or any other reasons;
-detention of persons unfit to stand trial in criminal justice systems and/or incapable of criminal liability;
-conditions of detention of persons with disabilities;
-monitoring of detention facilities and review of detentions;
-security measures;
-free and informed consent in emergency and crisis situations;
-access to justice, reparation and redress.
See: Committee on the Rights of Persons with Disabilities - Guidelines on article 14 of the Convention on the Rights of Persons with Disabilities