Committee on the Rights of Persons With Disabilities Examines the Report of Russia
Introducing the report, Grigory Lekarev, Deputy Minister of
In the ensuing discussion, Committee Experts welcomed the positive steps including the law prohibiting violation of the rights of persons with disabilities and legal remedies in this regard, and went on to raise concern about the negative mentality and the deeply-rooted 'defectology' approach to disability. The prevailing medical approach failed to address the attitudinal and socio-economic barriers faced by persons with disabilities, they remarked, and it reinforced prejudices and exclusion of persons with disabilities.
In his concluding remarks, Mr. Lekarev took good note of the concerns raised during the dialogue, including universal design, raising the employment level, and above all, tackling the situation of persons with disabilities in institutions.
Laszlo Lovaszy, Committee Expert and Country Co-Rapporteur for
The delegation of
All the documents relating to the Committee's work, including reports submitted by States parties, can be found on the session's webpage. The webcast of the Committee's public meetings is available via the following link: http://webtv.un.org/meetings-events/.
The next public meeting of the Committee will be on Friday, 9 March, when it will issue concluding observations on the reports of
Report
The Committee has before it the initial report of
Presentation of the Report
GRIGORY LEKAREV, Deputy Minister of
The federal law prohibiting discrimination on the grounds of disability in employment had been adopted in 2017, and as a result 39,000 persons had been prosecuted. The Ombudsman was tasked with monitoring the implementation of the Convention and with dealing with transgressions made by officials. Specialised medical institutions and representative organisations were working together to set up rehabilitation programmes and train specialists, and had started a programme for persons with developmental challenges in 2016. Persons with disabilities listed in the federal register of disabilities were able to contribute to an analysis of the services provided, which had helped to bring the national definition of disability closer to the that in the Convention. Linking the concept of limitation to the concept of overcoming barriers,
The State had a fund to support children with disabilities and assistance had been introduced to help persons with disabilities find work. The chief instrument was a State program, 'Accessible Environment', which had been extended from 2020 to 2025 and had a budget of
Questions by the Country Rapporteurs
Moving on to challenges,
LASZLO LOVASZY, Committee Expert and Country Co-Rapporteur for
Questions by Committee Experts
Other Experts raised the point that term for a disabled person in Russian legislation - 'invalid' - did not meet the requirements of article 1 of the Convention, and reflected the still used medical approach to disability. Such an approach failed to address the attitudinal and socio-economic barriers face by persons with disabilities and reinforced prejudices against them and their exclusion from some spheres of life. What steps were being taken to align disability-related terminology, including terms 'invalid' and 'mental retardation', and related laws and policies with human rights-based approach to disability, and so compliant with the Convention?
Experts reiterated the concern expressed in 2015 by the
An important issue of concern was the continued institutionalization of persons with disabilities in special care and educational institutions, especially in the case of children with intellectual disabilities and children with autism. There were reports of abuse of children with disabilities in some orphanages. What measures were being taken to deinstitutionalize children with disabilities and promote their social integration, to prioritize family-based care, and to provide for an independent monitoring of State institutions?
The delegation was asked to explain the participation of persons with disabilities and their representative organizations in policy formulation and implementation at the federal, regional and municipal levels; statistics on cases of discrimination against persons with disabilities and what the results had been; and the definition of disability used for registration on the federal disabilities register.
Responses by the Delegation
With regards to disability-related terminology, the delegation conceded that indeed, this was a challenge. Following the ratification of the Convention,
The concern was also that the revision of the term would also involve a revision of the support services to more than 12.5 million persons with disabilities in
The federal registry of disability was an information system that brought together personal and medical data and on persons with disabilities that existed in different systems throughout the country. For example, pension fund, social welfare system, health institutions and others actively sent information to this system. The data were confidential and could be accessed only by persons with disabilities, through the personal office system which enabled them to apply for specific services, employment, devices, and in general review benefits they were entitled to. The aim was to improve statistical data and to ensure access to information in electronic formats.
The policy was focusing on social model of disability and it used the concept of limitations and context in classification of disability; the medical approach had never been used as such. Based on the study of the best practices from other countries and the discussions with representative organizations of persons with disabilities,
International Classification of Functioning, Disability and Health, which it believed to be the best form of international practice.
With regards to discrimination, the delegation stressed that persons with disabilities were citizens of
In terms of anti-discrimination legislation, a delegate stressed that there were no subcategories of discrimination and any discrimination carried the relevant sanctions and was prosecuted.
It was very important for
In addition to roadmaps, the authorities had prepared a law on oversight in the implementation of accessibility standards. Different regions had different approaches, but the foundation for all was the same: the federal law and the encouragement of the federal Government. The first objective of the Accessible Environment programme was to identify competent individuals on the issue of accessibility and so ensure that each region had competent public officials. Accessibility standards were included in the compulsory training of future specialists in architecture and construction, and they left school fully trained in accessibility of buildings, transport, and environment in general.
The federal Accessible Environment programme had been put in place even before the ratification of the Convention. It had been created with the participation of persons with disabilities and their organizations in each region, who identified the concrete objectives and worked on development of regional accessibility plans.
Deinstitutionalization process was starting and
In
Today, there were 150,000 persons residing in psychiatric and neurological institutions.
According to the federal databank, there were 500,000 children without parents in the country, including 60,000 were children with disabilities. They lived in children's homes and a set of measures had been adopted geared to their deinstitutionalization. The instruction had been issued to make homes as close as family environment and special attention was being paid that children were educated in the same manner as children living with families. Each children's home had an executive council which included representatives of social organizations which monitored the rights of children without parental care including children with disabilities. Twice a year, those social organizations conducted their own independent monitoring visits to the children's homes.
As for a representative organization of persons with intellectual disabilities, a delegate said that sadly, one such organization did not exist as yet. There were different kinds of organizations from different regions and
During 2011 to 2015, programme Accessible Environment included a broad public awareness campaign to address negative stereotypes and prejudices. The title of the campaign was We do not divide people like this, and it showed persons with disabilities in real life situations, working, studding, in sports, etc. The campaign was now being implemented at regional levels. This campaign, coupled with other factors, had had a very significant impact which was being regularly assessed from survey of persons with disabilities who were asked about the changes in the society and people mind-sets during the period. The work on eliminating stereotypes was being undertaken from a very early age, and pre-schoolers were taught kindness and how to interact with persons with disabilities. There were campaigns in
Questions by Committee Experts
In the next round of questions, Committee Experts raised concern that the limitations to legal capacities of persons with disabilities prevented them from effectively enjoying their rights. The introduction of the status of 'partial legal capacity' in the legislation did not change the nature of this discriminatory legal provision. Particular concern was in relation of persons with disabilities without legal capacity in institutions. What was being done to fully restore full legal capacity of all persons with disabilities and replace the current system with supportive decision-making? What was being done to abolish the practice of forced detention of persons with intellectual disabilities without their consent on the ground of their impairment?
As for access to justice, an Expert remarked that judges and court officials were not trained in the rights of persons with disabilities and the concept of reasonable accommodation. In addition, the large number of courts were still not adapted to the needs of persons with disabilities.
Deaf and hard of hearing people had harder access to emergency and disaster information and hotlines were not accessible to them. How was this being addressed? Were persons with disabilities allowed to sign their own check, have their own bank account, inherit, and own property?
In terms of ensuring independent living for persons with disabilities, the delegation was asked to inform the Committee about measures to that effect, and also explain how representative organizations of persons with disabilities were involved in all policy and planning. What was being done to protect children with disabilities placed in homes of institutions from abuse and violence?
The delegation was asked to comment on reports by independent sources who had reported on worrying situation in institutions, including malnutrition, neglect, lack of access to health or rehabilitation services, poor hygiene conditions, etc.
Responses by the Delegation
Responding to questions on early identification of disabilities, the delegation stressed that
Clarifying the
On how technical advancements being geared towards the needs of persons with disabilities, the delegation cited the example of cutting edge eye implants. Progress had also been in the development of bionic limbs. In addition,
Concerning legal capacity,
Over 3,000 court buildings were accessible. Some 50 per cent had elevators, while 25 per cent had sanitary facilities for persons with disabilities.
There were 11 institutions to train sign language interpreters. While sign language interpreters were not registered, it was believed there were approximately 5,000 of them.
Sign language interpreters were available in both civil and criminal cases, but in civil cases the cost had to be borne by the appellant, with the costs being met by the losing party. In criminal cases, the costs for interpretation would be borne by the State. There were no statistics available on the number of persons with disabilities working in the courts. But, there was no restriction placed on persons with disabilities working as judges.
Addressing institutionalization, the delegation explained that legal protection was regulated by a new law on social care for citizens, which entered into force in
Responding to a question of forced medical treatment, the delegation confirmed that the so-called "deviant" conduct was not considered an illness, and that forced medical treatment did not take place.
With regard to accessibility to the emergency services, the Ministry of the Interior had taken steps to give basic training in sign language to the police. That was particularly the case for officers who were most exposed to the public, such as patrol officers, traffic police and criminal investigators. Some 8,000 officers had already received instruction. The 112 hotline was being improved for persons with disabilities, with some regions using
While there were no available statistics on cases of discrimination, the delegation stated there were three criminal ongoing cases against officials in institutions or associations for mismanagement, cruelty and fraud. In terms of access to justice, special attention was given by State prosecutors to persons with disabilities. In terms of other offences against persons with disabilities, about half were of a 'general nature', such as theft. There were no cases of abduction or slavery.
Addressing questions of diagnosis, another delegate stated that the assessment of the severity of disabilities was based on the bio-sociological model, rather than the medical model. Experts examined the negative impact of the environment on persons with disabilities.
As for prison conditions for persons with disabilities, a special document covered rules governing places of detention. For example, persons with disabilities had to reside on the ground floor and have access to all activities in the prison. They could receive extra packages from their families and an unlimited amount of money transfers. They received special rations of food and clothing, and softer shoes. Special provision was made for children and breastfeeding mothers. Minors with disabilities in prison could attend school and sign language interpreters were provided for them. A pilot program had been introduced in 2017 for the transportation of detainees with disabilities in adapted vehicles or aircrafts.
Concerning the question of foreign funding of non-governmental organizations, the delegation stressed that there was no prohibition on such organisations receiving funds from overseas. In 2016, legal changes had been introduced to ensure that associations catering for persons with disabilities in receipt of foreign funding were not classified as foreign agents. There were currently 6,790 such associations, of which 64 had all Russian status, while three were branches of international charities.
With regard to education, special services were provided to children with disabilities from pre-school onwards. Some teachers had been trained in the sign language, but more sign language interpreters were needed in educational institutions. The Government aimed to ensure equal access to education for all children in the country.
Turning to accessibility, the delegation said that there were around 35,000 facilities in the country visited by persons with disabilities on a daily basis and many of them needed to be adapted. The authorities welcomed the oversight and feedback of disability associations in this regard. With regard to the Internet, the delegate said that all official sites of state organs had to be accessible. Moreover, private companies, such as banks and travel companies, were also ensuring that their online presence was disability friendly.
Questions by Committee Experts
An Expert asked about data collection at the national and regional levels, and disaggregated data in terms of impairment, age and location. What was the involvement of persons with disabilities in data collection?
Another Expert raised concern about the mandatory medical examination for applicants for tertiary education, and wondered whether that would restrict access for students with disabilities to further education or future employment. What was the quota system in employment and the realities of its implementation? Finally, the Expert asked about the presence of disabilities within the agenda of the
Could persons with disabilities be employed through the framework of 'special posts' with reasonable accommodation? Did they have equal chances of promotion as their non-disabled peers? Would it be illegal for an employer to dismiss an employee who had become disabled subsequent to his employment?
Another Expert asked for clarification on the number of persons with disabilities in employment in the public and private sectors, and the number of persons with intellectual disabilities. One Expert questioned the burden of proof concerning discrimination in employment, while another asked for further elaboration on the bill which should establish assistance for persons with disabilities in the workplace.
What were the provisions of support for parents with disabilities, or for parents of children with disabilities, to be able to carry out their parenting duties? An Expert asked about voting rights for persons with disabilities and accessibility of polling booths, and inquired about the number of persons with disabilities in the Russian parliament. What were
Another Expert wondered why only physical disabilities seemed to be covered in terms of accessibility. What was done to implement the Marrakesh Treaty?
With regard to education, Experts noted that while the delegation had talked about inclusive education, it seemed they had taken some 'backward steps' related to education of persons with disabilities. There was still a 'special' model of education for persons with severe disabilities. What concrete measures had been taken to promote inclusive education?
Experts also inquired about the legal status of the provision of the sign language, Braille and public information in accessible formats, about independent monitoring of the Convention. Was there a legal framework to incorporate persons with disabilities in the monitoring process? To what extent were persons with disabilities able to access disease treatment in the country?
LASZLO LOVASZY, Committee Expert and Rapporteur for
Responses by the Delegation
On data collection and disaggregation by disability, a delegate said that 49 existing forms for statistical accountability had been approved, which took into account 247 parameters on an annual basis. It was not yet perfected and the information must be updated more regularly and other parameters added. Search filters for parameters including the nature of impairment, gender and specific needs were operable, and information covering the entire country or individual countries could be seen.
Information channels that updated the federal system from the regions were too slow, and were now being sped up, and protection of data for quality and privacy was also being improved. Information provided by persons with disability themselves, as well as information on attitudes on disability of able-bodied persons, was being incorporated. When perfected, the system should give a detailed picture that would allow comparison against standards and the state of implementation in other countries on a wide variety of parameters.
On training for persons with disabilities, the delegation said that measures were in place to accommodate students with disability and accord benefits, and they were now entitled to apply to five institutions, on par with other students. Employment quotas for persons with disabilities were in place but were not always filled. There was a national discussion over proposals to charge fees for those employers that could not participate to provide funds to create other opportunities. The Duma included representatives with disabilities in every party and such persons were able to fill appointed positions as well. The main goal was to make the issue of disability cross-cutting throughout all sectoral policy, said a delegate, noting that there were special measures in the urban environment and health sectors providing for the needs of persons with disabilities. An employee who became disabled could not be dismissed, and a series of measures had been developed to provide for the needs of such person, including transition to alternative work.
Families with disabled children received a special benefit targeted at parents who had to care for such children and could not work fulltime.
On accessibility to tourist sites in the run-up to the World Cup, a representative recalled the extensive work done ahead of the
The delegation said it had become necessary to create special schools for children with disabilities, in an open atmosphere where those children were able to mix with all children. There were special facilities for those children with hearing disabilities and new standards were being developed in sign language.
Measures had been taken to prevent abandonment and encourage adoption of children with disabilities; they had allowances higher than other children, and programmes were in place to educate prospective parents on disability-related issues.
One million persons were living with HIV/AIDS; of those, 47 per cent were registered and were receiving retroviral therapy free of charge, as foreseen by the National HIV/AIDS Strategy. Every year more resources were being provided under the most modern approaches, with comprehensive monitoring.
Concluding Remarks
GRIGORY LEKAREV, Deputy Minister of
LASZLO LOVASZY, Committee Expert and Country Co-Rapporteur for


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