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Photo: disabilityinfo.am

The UN Committee on the Rights of Persons with Disabilities presented its Concluding Observations on Armenia’s Report on implementing the UN Convention on the Rights of Persons with Disabilities.

The RA Government submitted its report at the Committee’s 17th session, on March 29-30, 2017.

In its observations, the Committee expressed its concern particularly over the application of the concepts of “prevention and treatment of disability” in the revised version of the Constitution and the Complex Program 2017-2021 on Social Inclusion of Persons with Disabilities. The Committee also referred to it in the context of the non-compliance with the Convention of the RA draft Law on Protection of the Rights of Persons with Disabilities and their Social Inclusion.

The Committee expressed its concern about Armenia’s failure to ratify the Optional Protocol to the Convention and its approach of recognizing disability only based on the medical model without consideration of the social and societal factors.

In this context, along with other recommendations, the Committee suggests that the Republic of Armenia reviews its legislation and plans on prevention and treatment of disability and brings them into compliance with the human-rights based model by reviewing the RA Draft Law on the Protection of the Rights of Persons with Disabilities and their Social Inclusion to make it compliant with the Convention and General Comments of the Committee. The Committee urges the Government to ratify the Optional Protocol to the Convention; by doing so, the Republic of Armenia will recognize the right to submit individual complaints.

In its observations, the Committee takes account of the reports submitted by Armenian NGOs, including HCA Vanadzor, also refers to equality and non-discrimination and urges the Republic of Armenia to adopt a draft law on anti-discrimination ensuring that it covers definition of disability-based discrimination in the public and private sectors. The Committee also suggests developing mechanism for imposing sanctions on violations of the rights of persons with disabilities.

As to the principle of equality before the law, the Committee suggests that the Government annuls the discriminatory clauses of the RA Civil Procedure Code, restores provisions ensuring full legal capacity of persons with disabilities and introduces the decision-making support system.

The Committee is also concerned about detention of persons with psycho-social and intellectual disabilities based on their mental disorders and recommends prohibiting such practices, including involuntary hospitalization, compulsory institutionalization and non-consensual psychiatric treatment; ensure that every detention facility, including residential, psychiatric and penitentiary institutions has adequate living conditions to meet the needs of every person with disabilities.

Given the high rate of violence and ill-treatment against persons with disabilities in the Republic of Armenia, the Committee recommends taking legislative and practical actions to protect the rights of persons with disabilities.

As for ensuring the right to living independently and being included in the community, the Committee recommends to speed up the de-institutionalization process and without any delay implement its action plan, including the timetable for closing all the institutions by involving in the process persons with disabilities as well.

The Committee also recommends ensuring an effective, independent and human-rights based monitoring mechanism at all the residential and specialized institutions, in close cooperation with disability organizations.

The Committee is concerned over the insufficient resources provided to the national monitoring mechanism and the inadequate involvement of disability organizations in the monitoring process and recommends ensuring full participation of persons with disabilities.

The deadline for submitting the next RA Report on Implementation of the UN Convention on the Rights of Persons with Disabilities is October 21, 2020.