Easy to accept – hard to implement. How the state and the public reported in Geneva on the implementation of the Convention on the Rights of Persons with Disabilities
Every time on an advocacy trip abroad, the Fight For Right team wants to share the achievements of Ukraine and talk about positive changes in compliance with the Convention on the Rights of People with Disabilities because it is crucial in times of war to demonstrate to the world our responsibility in fulfilling international obligations. However, it is not always possible. After all, we are faced with the lack of radical changes regarding the observance of our rights.
The war in Ukraine worsened the situation with enforcement for the rights of people with disabilities. At the 31st session of the UN Committee on the Rights of Persons with Disabilities in Geneva, delegations from the government of Ukraine and civil society, in particular the Fight For Right team, spoke about the impact of war on the rights of people with disabilities and sought solutions to mitigate this influence.
What are the biggest risks and challenges?
In Geneva, the Fight For Right team had several meetings with members of the UN Committee, and representatives of international human rights organizations and participated in a closed briefing of the Committee with non-governmental organizations.
Director of Fight For Right Tetiana Herasymova has repeatedly drawn attention to the deterioration of the situation by enforcing the rights of women with disabilities, who are taking higher risks of human trafficking, abuse, and violence. She talked about cases of women with disabilities being drawn into fictitious marriages to cross the border with men of military age, as well as cases of internally displaced women being subjected to violence while seeking asylum, etc.
The state has struggled to protect people with disabilities during the ten years of war. Iryna Tekuchova, an expert on the rights of people with disabilities, highlighted this issue in meetings. She also pointed out the problem of non-inclusive rebuilding. “The rebuilding process taking into account the rights of people with disabilities, which is crucial for overcoming future emergencies, is currently chaotic and uncontrolled since state control over the construction process has been suspended due to martial law.”
Iryna asked the members of the Committee to draw Ukraine’s attention to the restoration of state control over these processes as a crucial step towards inclusive rebuilding and general strengthening of society’s stability.
It was important for our team to communicate at the international level the issue of deinstitutionalization and independent living for adults with disabilities in Ukraine.
Advocacy manager of Fight For Right Lyudmila Fursova voiced the risks that can make deinstitutionalization impossible or slow down: “Insufficient participation of people with disabilities and people with institutional experience in decision-making, high risks of institutionalization for internally displaced people with disabilities, the state does not even declare the reform of the “institute disabilities” rebuilding destroyed institutional facilities are only part of the risks on the way to creating conditions for the independent life of people with disabilities in Ukraine.”
It is imperative for Fight For Right and the Ukrainian community of people with disabilities in general that the UN Committee draws attention to these risks in its concluding remarks. After all, this will encourage Ukraine to report next time on how it managed to prevent these risks.
“Reporting cannot avoid questions” – Put a comma in the right place
What did the Ukrainian government delegation talk about?
The reporting of the government delegation from Ukraine to the Committee lasted for six hours.
Comments on the situation in Ukraine and questions to the government delegation confirm that the members of the Committee carefully monitored things in Ukraine, read alternative reports from non-governmental organizations, and used information received during formal and informal meetings.
What did the UN Committee ask Ukraine about?
The government delegation was asked to provide detailed information, in particular, on the following issues:
– Is there institutional support for non-governmental organizations?
– What additional services are available for women with disabilities in wartime?
– Examples of prosecution for discrimination based on disability.
– What is the situation with the protection of children and adults with disabilities who are in institutional facilities during the war?
– Is it possible for children with disabilities to express their opinions in the conditions of war?
– What is the liability for the unavailability of objects, services, and information?
– Is it introduced to inform people with disabilities in accessible formats about risks in war conditions?
– Examples of participation of people with disabilities and public organizations of people with disabilities in decision-making processes.
– Why has Ukraine not established a moratorium on the rebuilding of institutional facilities?
– What does the state plan to do to abandon the institution of incapacity and create a support system for decision-making?
– How many people with disabilities from among the internally displaced received housing?
– Is there a gender aspect in rehabilitation issues?
It is unfortunate, but the state and civil society see the situation with enforcing the rights of people with disabilities in different ways. However, we recorded important messages from the state:
- A priority for Ukraine is deinstitutionalization and development of support services for children and adults with disabilities;
- Creating a barrier-free space;
- Cooperation with non-governmental organizations.
The Fight For Right team is ready to participate in changes in these and other related areas, and the state’s reaction to our initiatives will indicate its readiness for reforms and readiness to hear and take into account the opinions of people with disabilities.
What’s next?
In September, the UN Committee on the Rights of Persons with Disabilities shall provide final comments on Ukraine’s implementation of the UN Convention on the Rights of Persons with Disabilities. Fight For Right is looking forward to the conclusions and recommendations of the Committee, which our state will receive, because we perceive them, in particular, as the result of our advocacy work, as well as a signpost on where and how Ukraine should move to fulfill the standards of the Convention.
Moreover, in a few years, our state will again report on the implementation of the Convention, including the Committee’s recommendations implementation.
For reference. From August 12, 2024, to September 5, the 31st session of the Committee on the Rights of Persons with Disabilities took place in Geneva (Swiss Confederation), during which Ukraine presented the combined second and third periodic reports in the form of answers to questions from the Committee on the Rights of Persons with Disabilities disability.
This year, non-governmental public organizations such as Fight For Right, GS “League of the Strong”, Ukrainian Helsinki Union for Human Rights, and NGO “National Assembly of People with Disabilities of Ukraine” submitted a coalition alternative report on Ukraine’s implementation of the UN Convention on the Rights of Persons with Disabilities.
Reporting to the UN Committee on the Rights of Persons with Disabilities is public. You can get acquainted with the progress of the session and the report on Ukraine by following the link.
