COMMUNICATION

RESOLUTION of the International Scientific and Practical CONFERENCE “Five years since the ratification of the UN Convention on the Rights of Persons with Disabilities. Analysis of legal and practical aspects.”

      RESOLUTION

the International Scientific and Practical

CONFERENCE

“Five years since the ratification of the UN Convention on the Rights of Persons with Disabilities. Analysis of legal and practical aspects.”

 

organized by the Ombudsperson's Office from the Republic of Moldova in partnership with the National Institute of Justice, with the support of the European Union and UNDP Moldova, under the “Strengthening National Capacities to Protect the Most Vulnerable from Torture in Moldova” Project. The conference was supported by the Ministry of Foreign Affairs of Norway and UNDP Moldova under the “Support for National Institutions to Protect and Promote Human Rights according to the Recommendations of the UN Convention Committees and the Universal Periodic Review” Project.

 

      

The participants in the International Scientific and Practical Conference, held on the occasion of five-year anniversary since the Republic of Moldova ratified the UN Convention on the Human Rights:

Recalling the principles proclaimed in the Charter of the United Nations that recognise the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world,

Recognising that the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, 

       Recognising that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others,

       Recognising the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,

       Recognizing the importance for persons with disabilities of their individual autonomy and independence, of the active involvement in decision making processes, in the development of policies and programs, including those directly concerning them,

       Emphasizing that, despite the measures undertaken, persons with disabilities continue to face barriers in their participation as equal members of society and violations of their human rights;

      Recognizing the importance of international cooperation in support of efforts for the realisation of the purpose and objectives of the UN Convention on the Rights of Persons with Disabilities, and its promotion for improving the living conditions of persons with disabilities in every country, 

       Highlight that the effective realization of the rights of persons with disabilities could be ensured by legislative, administrative, legal or other measures aligned to the Convention’s Standards in combination with appropriate public education and information through various media sources;

 

        Assume the commitment to continue the work on developing and supporting programs for social integration of persons with disabilities, promoting a change of the attitude and practices of individuals, institutions and organizations towards persons with disabilities and harnessing their skills;

      Assume the commitment to take efficient actions for ongoing promotion of the rights of persons with disabilities, according to the functional competences;

      Encourage the cooperation of public authorities and civil society with the national institutions for human rights promotion and protection, including for the strengthening/establishment of independent mechanisms to monitor the implementation of the UN Convention on the Rights of Persons with Disabilities.

      Emphasize that a successful realization of the rights of persons with disabilities can be achieved by combining effectively the functional regulatory framework, institutional professionalism and permanent monitoring of the implementation of legal provisions, with the involvement of organizations dealing with problems of persons with disabilities.

 

In order to solve the problems tackled during the 4 workshops held on 10 July 2015, the participants in the meeting made suggestions and recommendations on how to improve the situation in various areas, as follows:

I Regarding the social inclusion of children with disabilities:

  • Coordinate and consolidate the communities and develop partnerships on inclusive education;
  • Implement the regulatory framework to ensure the access of children with disabilities to educational institutions;
  • Implement a mechanism for the evaluation and monitoring of inclusive education implementation;
  • Develop the concept for the support service for inclusive education;
  • Ensure access to high quality education for all children with severe sensory impairments;
  • Ensure quality education for children with disabilities by reconsidering the contents of the pre-service and in-service training of teachers on inclusive education;
  • Inter-sector approach to the inclusion process;
  • Procure State educational services, because the current financial mechanisms are inappropriate;
  • Extend the inclusive education to cover all educational levels and implement the regulatory framework;
  • Establish a mechanism of parental guidance and support it by the Government;
  • Raise the public awareness and create an inclusive culture.

 II. Regarding the access of persons with disabilities to the social infrastructure:

  • The responsible central and local public authorities shall carry out concrete measures to ensure the implementation of the legal provisions to ensure the access of persons with disabilities to the social infrastructure, means of public transport.
  • The Ministry of Regional Development and Construction shall initiate the procedure of amending and complementing Law No 163 of 09.07.2010 on the Authorization of Construction Works and Law No 721 of 02.02.1996 on Quality in Constructions, and of the related regulatory acts, in order to introduce the obligation for all stakeholders that participate in the development of the concept, design, implementation and use of constructions to comply with the requirement of making the constructions more accessible.
  • The local public authorities shall include in the town planning certificate requirements for the compulsory compliance with the requirement to ensure the access to persons with a limited mobility, with express reference to the Construction Standards.
  • The State Inspection in Constructions shall make sure that more representatives of the national authorities of control in constructions are included in the specialized Commission for technical and professional attestation of construction specialists, and to include in the test questions topics on the norms and standards of access for persons with limited mobility.
  •  The Ministry of Regional Development and Construction shall consider the possibility to introduce a position of accessibility expert in the State Inspection in Constructions, who shall be consulted at all stages, from concept development to the use of constructions.
  • The local public authorities shall develop, approve and implement the local Action Plan for the adjustment of buildings to the needs of persons with disabilities, stipulating that these actions shall be funded from the budgets of administrative-territorial units, building owner, sources of development partners, other sources in order to ensure the implementation of Government Decision No 599 of 13.08.2013. 
  • The local public authorities shall perform the initial assessment of the blocks of flats, where persons with mobility impairments live, in order to identify the most efficient ways to adapt them (platforms, lifts etc.) and to identify the necessary funds for this purpose. 
  • The competent authorities shall expedite the adoption of amendments and addenda to the Code of Administrative Offences on the sanctioning of persons in positions of accountability, enterprises, institutions and organizations, regardless of ownership form, for the failure to fulfill the obligations of ensuring access, including adaptation of means of public transport to the needs of persons with disabilities.
  • The Ministry of Transport and Road Infrastructure shall carry out all the necessary measures, including legislative, to ensure the access of persons with disabilities to means of public transport, according to Article 20 of the Law No 60 of 30.03.2012 on the Inclusion of Persons with Disabilities;
  • The Ministry of Transport and Road Infrastructure shall develop standards on the access to public transport of all types;
  • The Ministry of Transport and Road Infrastructure shall evaluate the means of transport in use on the whole territory of the country in terms of their accessibility for persons with disabilities, regardless of their form of ownership;
  • The Ministry of Transport and Road Industry shall make sure that, at the first stage, there is an adapted vehicle for public transport on each itinerary within the country.  
  • The Ministry of Transport and Road Infrastructure shall evaluate the bus and train stations in terms of the access of persons with disabilities to the building, platform and sanitary unit and shall plan the allocation of funds for this purpose;
  • § The Ministry of Transport and Road Infrastructure shall consider the possibilities to establish a Technical Center for the adaptation/evaluation of means of transport for the specific needs of persons with disabilities, and install systems of manual guidance

 

III  Regarding the access of persons with disabilities to justice:

  • Amend Article 51 of the Constitution of the Republic of Moldova in order to adjust to the standards of the UN Convention on the Rights of Persons with Disabilities;
  • During the trials, the lawyers shall:

a)    use the provisions of Article 4 of the Constitutions of the Republic of Moldova - priority of the international law;

b)    invoke the exception of unconstitutionality.

  • Review periodically the court judgements that declared people as incapable;
  • Ensure the accessibility of court buildings, taking this into account when repairing the court buildings under the Justice Reform Strategy.

                                                                                                   

 IV. Regarding the rights of persons with psycho-social disabilities:

  • The Ministry of Health shall develop quality indicators, which shall be used by mental health services for purposes of reporting (including those reported by beneficiaries, which would characterize the health impact/outcome perceived by beneficiaries);
  • The Ministry of Health shall improve the mechanism of analysis, monitoring and administrative control of the trends and indicators on mental health;
  • The Ministry of Health, the Ministry of Labour, Family and Social Protection, and other institutions, if appropriate, shall ensure prompt review of the reports on the monitoring of human rights observance in mental health institutions, and implement the recommendations made;

 

  • The Ministry of Health, and the Ministry of Labour, Family and Social Protection shall strengthen the human rights capacities of the staff of mental health institutions;
  •  The Ministry of Labour, Family and Social Protection shall initiate the review of the regulatory framework in order to ensure access of persons with mental disabilities to community-based social services;
  •  The Ministry of Health, the Ministry of Labour, Family and Social Protection, and other institutions, if appropriate, shall study the best international practices and develop an efficient financial resources redistribution mechanism with the view to stimulate the establishment of alternative community services and the procurement of these services form private companies and civil society organizations.
  • The Ministry of Justice shall ensure a more ample consultation with the civil society and subject-matter experts on the suggested amendments to the current regulatory framework aimed at aligning them to the provisions of Article 12 of the Convention.  

 

 

Chisinau, 9-10 July 2015 

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