Are facilities and programmes designed to serve persons with disabilities effectively monitored by independent authorities?

Explanation

Article 16 of the UN CRPD requires the state to ‘take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects. States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities, including residential care settings, are effectively monitored by independent authorities in order to prevent the occurrence of all forms of exploitation, violence and abuse.

In detail

Summary

47.5% of respondents confirmed that not all facilities and programmes are monitored, or if they are, they are not monitored on a regular basis. The main issues spotted monitoring included:

  • Inconsistent monitoring: monitoring procedures are not reliable or effective. Several countries reported there are no mechanisms in place or contact points in the different areas of the sector, due to having no political or legislative framework. Monitoring often relies on the third sector such as on aid agencies. Moreover, small and local organisations tend not to be monitored.
  • Biased monitoring: Spain and Estonia for instance, explained funding resources are decreasing so little opportunities for carrying independent monitoring, and analysis
Comments

“Although the Ministry of Labour and Social Services (MoLSS) is the focal point for implementing the convention, there are no defined coordination mechanisms and contact points at different levels and sectors; no national strategy to implement the convention; no framework, including independent mechanisms, for promoting, protecting and  monitoring the convention; no disability mainstreaming policy to complement implementation; and the role of  civil society in the implementation process remains undefined. The lack of UNCRPD implementation mechanisms, compounded by the country’s economic, social and political problems means that facilities and programmes designed to serve persons with disabilities are not effectively monitored by independent authorities as the government has yet to put in place these monitoring mechanisms”. (Lovemore Rambiyawo, Information and Communications Officer, National Association of Societies for the Care of the Handicapped, Zimbabwe)

“In the past couple of decades there has been a rise of disability rights groups and coalitions emerging in the country (often focused on one type of disability, but generic/inclusive groups do exist) that to some extent act as watchdogs/advocates for including people with disabilities. Girls and women with disabilities are and remain the most vulnerable to violence, exploitation and abuse.”  (Reem Khurshid, Network of Organizations Working with People with Disabilities, Pakistan)

CRPD Article

Article 16: Freedom from exploitation, violence and abuse

“1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.

2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.

3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.

4. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.

5. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.”

(UN Convention on the Rights for Persons with Disabilities)