Disability-analysis of State Reports, which will be reviewed by the crc in its next



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Disability-analysis of State Reports,

which will be reviewed by the CRC in its next

Pre-Sessional Working Group,

58th Session (20-24 June 2011)
This analysis has been made by the International Disability Alliance (IDA)

From 20 to 24 June 2011, the CRC Committee will consider the following State reports: Azerbaijan; Italy; Panama; Madagascar; Myanmar; Greece; Seychelles; and Togo.

All Reports available at http://www2.ohchr.org/english/bodies/crc/crcwg58.htm
I. SUMMARY
AZERBAIJAN
CRC ratification: 1992.

Azerbaijan has ratified the CRPD and its Optional Protocol.

References to persons with disabilities in State report.

Click here to access to these references.
ITALY
CRC ratification: 1991.

Italy has ratified the CRPD and its Optional Protocol.

References to persons with disabilities in State report.

Click here to access to these references.
PANAMA
CRC ratification: 1990.

Panama has ratified the CRPD and its Optional Protocol.

References to persons with disabilities in State report (only available in Spanish).

Click here to access to these references.
MADAGASCAR
CRC ratification: 1991.

Madagascar has signed but not yet ratified the CRPD and its Optional Protocol.

References to persons with disabilities in State report.

Click here to access to these references.
MYANMAR
CRC ratification: 1991.

Myanmar has not signed or ratified the CRPD.

References to persons with disabilities in State report (available in French).

Click here to access to these references.
GREECE
CRC ratification: 1993

Greece has signed but not yet ratified the CRPD and its Optional Protocol.

References to persons with disabilities in State report.

Click here to access to these references.
SEYCHELLES
CRC ratification: 1990.

Seychelles has ratified the CRPD and has signed but not yet ratified the Optional Protocol.

References to persons with disabilities in State report.

Click here to access to these references.
TOGO
CRC ratification: 1990.

Togo has ratified the CRPD and its Optional Protocol.

References to persons with disabilities in State report (available in French).

Click here to access to these references.


II. EXCERPTS FROM REPORTS THAT INCLUDE REFERENCE TO CHILDREN WITH DISABILITIES




AZERBAIJAN
State report
The Republic of Azerbaijan has joined the UN Convention on the Rights of the Child on July 21 1992, and later ratified the Convention’s Optional Protocols. The Republic of Azerbaijan also has joined the Convention on the Rights of Persons with Disabilities on October 2, 2008 adopted by the UN General Assembly on December 13, 2006.
The Cabinet of Ministers of the Republic of Azerbaijan considered the proposals of the Ministry of Education on naming of the special-type boarding schools. The submission of the proposal was grounded with the fact that special-type boarding schools for children with physical and psychical defects are

6operating within the system of general secondary education system. And naming of these education institutions as boarding school for children with physical and mental disability, boarding school for deaf children, boarding school for children with hearing difficulties and with acquired deafness, boarding school for blind children and children with eye-sight defects, boarding school for children experienced poliomyelitis and cerebral palsy and etc., creates some problems. The indication of the defects of children in the name of education institutions has psychological implications for parents, students and society in general and causes the children’s feeling of isolation from the society and their difference from peers. Many ministries have already expressed their positive opinion on such change.


According to Article 432 of the Criminal Procedure Code, the main procedural guarantees on provision of rights of minors must be observed during all stages of the preliminary investigation on the minors, such as:

• The right to obtain information on the laid charge; • The right to refuse to give testimony; • The right for defense; • The right of participation of parents or other legal representatives; • The confidentiality right.

Investigator must provide participation of a teacher or psychologist during conduct of investigation actions involving minors under 16 with signs of mental disabilities. In all instances, cancellation of criminal cases on minors must be done upon receipt of consent of the minors’ themselves or their parents (other legal representatives). When informing an accused minor about the end of preliminary investigation and presenting the criminal case materials to him/her, the investigator and prosecutor who undertakes procedural lead of the preliminary investigation based on their own suppositions may decide not to share the materials of the investigation with the minor due to possible negative effect of the materials on him/her. In such case, the minor’s attorney or legal representative must be obligatorily familiarized with the materials. When minor is detained, his/her parents or other legal representatives shall be informed about it.
Pursuant to Article 6 of “The Statute on Calculation and Payment of the Compulsory Social Security Allowances and the Allowances Paid to the Temporarily Disabled Persons at the Expense of the Insurer” approved by the Decision #189 of the Cabinet of Ministers of the Republic of Azerbaijan, dated September 15, 1998, if there is necessity to look after the ill family member, the insured person shall be given the temporary disability allowance. The temporary disability allowance shall be assigned based on the illness sheet (reference on disability) issued in the manner established by the legislation.
List of institution for children separated from their parents

Baku city special boarding school No. 16 for children suffering from cerebral palsy and poliomyelitis

Baku city special general education boarding school for children with hearing difficulties and acquired deafness

Baku city republican special boarding school after E. Mirzayev for children with speech deficiencies

Sanatorium-type boarding school for children with different initial and fading phase of tuberculosis

Open-type special education and training institution for boys

Boarding home No.3 for mentally diseased children

Baku city boarding school No. 4 after E. Quliyev for children with speech deficiencies

Baku city psycho-neurological children’s home

Baku city republican boarding school for children with eye-sight disabilities

Baku city boarding school No. 1 for deaf children

Baku city republican special boarding school No. 3 for deaf children

Baku city sanatorium-type boarding school No. 10 for children suffering from rheumatism

Surakhani special boarding school No. 7 for mentally disabled children

Boarding school No.7 for mentally ill children

Ganja city sanatorium-type basic boarding school No. 4

Sumgayit town special boarding school for mentally and physically disabled children
The Decree # 373 of the President of the Republic of Azerbaijan of February 24, 2006 on application of the Law of the Republic of Azerbaijan “On Social Allowances” with regard to recovery of costs for childcare is of significant importance. According to the legislation, the following category of citizens receive monthly social allowances in the amounts indicated below for their children under 16 (for those up to 18 and studying on general education institutions (on-site training):

• Children of martyrs – 10 manat;

• Children of disabled war veterans, of people who became disabled after January 20, 1990 events, of people who became I and II category disabled after Chernobyl accident, or children of died parents, as well as children of the participant of Chernobyl accident rescuers who are in dispensary registry - 5 manat.

The Law of the Republic of Azerbaijan “On Social Allowances” sets monthly social allowance in the amount of 40 manat for children of died person under 18 (before graduation from on-site education, but not older than 23), or children with identified health limitations before reaching 18, and disabled children older than 18. For bringing the law to compliance with the international standards, the term “disabled children under 16” is replaced with the term “children with health limitations under 18”. People from this category receive 50-manat monthly social allowance.


B. Article 23. Children in need of special care

There are 56,5 thousand children in need of special care in Azerbaijan.

The number of children in need of special care and residing in the special care boarding schools is 1282.

Within “the Development Program on organization of education of the children in need of special care (with disabilities) in the Republic of Azerbaijan (2005-2009)”, approved by the Decision #20 of the Cabinet of Ministers of the Republic of Azerbaijan, 3 inclusive education projects’ implementation are continued together with the international organizations. These projects covered more than 30 institutions in Baku, Sumgayit, Mingachevir towns and Yevlakh district, and more than 200 pre-school and school-aged children in need of special care.

19 schools and 6450 children in these schools are involved in special education.

2 Children Rehabilitation Centers (in Baku and Nakhchivan cities) in connection with the medical and social rehabilitation of the children with health limitations are constructed and running.

The criteria for identification of the health limitations children have been updated.

The work for provision of the children with health limitations with the rehabilitation means (prosthetic- orthopedic devices, wheel chairs, hearing devices and etc.) was continued.


The capital maintenance and reconstruction works started in the children sanatorium called “Tabassum (Smile)” by the Foundation in 2007, ended in January 2009.

A specialized music school for children with eyesight disabilities functions in Baku. State-owned child and family support centers for the persons with health limitations and disabled ones operate. 3 out of 16 rehabilitation and family support centers functioning in the country are State-run centers, and the rest are non- governmental organizations. 2 out 3 State institutions operate under the State Committee for Family, Women and Children Affairs (in Shuvelan and Goranboy district), and one is the center under the Ministry of Education (in Mingechevir town). More than 1000 children and families benefit from each of the centers in Goranboy and Shuvelan. Active and art therapy, music classes, computer courses, English, Russian language courses are functioning in these centers (for IDP and refugee children, children from low-income families, de- institutionalized children).


The State Committee for Family, Women and Children Affairs regularly distributes wheel chairs, orthopedic shoes, special orthopedic chairs, and other equipment to the children benefiting from the activity of the centers. Besides, new active therapy equipment is installed, new rooms are prepared and equipment are bought for children with autism, and 4 specialists are sent to Turkey to gain practical and theoretical knowledge on work with the children having autism. It is planned that upon return, the specialists will prepare a training program, organize and conduct training sessions the staff of all rehabilitation centers and boarding institutions.
Regularly, at the State Committee for Family, Women and Children Affairs initiative and together with the Ministries of Health and Education, the Committee conducts repeated diagnostics of the children residing in the institutions for the children with physical and mental disabilities and as a result of this diagnostics, the children are placed to the institutions for normal children and involved to the inclusive education at maximum level.
Pursuant to Article 18 of the Law of the Republic of Azerbaijan “On Protection of Public Health”, and in the manner established by the Ministry of Health of the Republic of Azerbaijan, the children not reached the age of majority have the right to be under free dispensary control and get free treatment, to get education in the conditions meeting the sanitary and hygienic requirements, to get free consultations during identification of their professional appropriateness in the child and juvenile health care institutions of the State health system, to get nutrition under the favorable conditions in accordance with the rules established by the Cabinet of Ministers of the Republic of Azerbaijan at the expense of the budget funds. The minors with physical or mental disabilities can be kept in the institutions of the social security system at the request of their parents or legal representatives.
Pursuant to Article 19 of the Law on “The Labor Pensions”, the unemployed handicapped persons of the first and second category who have disabled dependants (including children under 18) shall receive additional 5% on top of the base retirement pension per each disabled family member.
“The Children-Friendly Budget” is discussed in the Parliament for improvement of the social welfare of children based on the Ombudsman’s initiative and taking into account the recommendations stated in Item 4 of Article 17 of the UN CRC presented to the Government of Azerbaijan in 2006. For improvement of social security of children, the Ombudsman made a request to the Parliament to increase the amount of allowances provided to the children of the persons serving in army for regular term, children of disabled war veterans, of people who became disabled after January 20, 1990 events, of people who became I and II category disabled after Chernobyl accident, or children of died parents, custodians (guardians) of the children who lost their parents and deprived from parental care.
Opening of special schools for the children in need of special care, strengthening of material and technical base of the existing boarding and special schools and concrete measures for development of special education programs and teaching aids are envisaged in “The Program on Organization of Education for the Children in Need of Special Care (with Disabilities) (2005-2009)” approved by the Decision of the Cabinet of Ministers of the Republic of Azerbaijan on 03.02.2005.
Promotion of the “Education for All” principle of UNESCO in “The National Plan of Action on Protection of Human Rights in the Republic of Azerbaijan” approved by the Directive of the President of the Republic of Azerbaijan, dated 28 December 2006, enhancement of legal education, preparation of teachers, speakers and trainers on different categories of human rights (civil, political, economic, social and cultural) for more effective protection of those rights among different groups of population (women, children, youth, disabled and elderly persons, refugees, IDPs, convicted persons, drug abusers, HIV/AIDS carriers) by the support of the groups and communities, development of the population’s legal views and thinking, prohibition of discrimination, conduction of education activities in the towns and districts of the Republic of Azerbaijan for the purpose of promotion of the tradition of peace and tolerance are identified as important directions in the field of human rights protection.
According to the requirements of article 13.12 of the Law, the physical power towards a minor in the mentioned institutions can be applied only as an exception and if other measures are not effective. Application of the physical power towards the persons with physical or psychical disabilities is prohibited (except the cases of armed resistance or attacks threatening life and health). The institution must report on any cases of physical power application to the relevant local persecution office within 24 hours and must prepare an opinion as a result of service investigation.

4. Article 39. Physical and psychological rehabilitation and social reintegration

Psychological and physical assistance is provided to the children of special category in need of social integration and rehabilitation in 16 operating rehabilitation centers and children institutions. This assistance is free. Children suffering from Down’s syndrome were helped to visit Turkey to participate in the Second Child Festival.

Regularly every year, social integration events and festivals for the children in need of social protection are organized and held.

1. Article 32. Child labor

Pursuant to Part 3 of Article 42 of the Labor Code of the Republic of Azerbaijan, A person who has reached the age of fifteen may be a party to an employment contract. An employment contract may not be signed by a person considered disabled as established by legislation.



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ITALY
State report

Disabled or invalid children and adolescents

77. Information on disability is provided by the Statistical Information System on Disability (www.disabilitaincifre.it) promoted by the Ministry of Labour, Health and Social Policies and implemented by ISTAT.1

78. The picture made through the Statistical Information System on Disability will be enriched by two specific surveys included in the 2008–2010 National Statistical Plan aimed at subjects with six or more years of disability:


  • The first survey envisages nationwide analyses regarding school and work integration, social participation, support and informal help to the disabled.

  • The second survey envisages a further survey on pupils with disabilities attending public and private primary and middle schools. Questionnaires will determine the main features of the school (number of enrolled pupils, number of pupils with disability, remedial teachers made available, etc.) and some information of the health conditions of pupils with disability.

138. Further reference to the principle of the best interest of the child can be found with respect to the hospitality of people seeking asylum in Legislative Decree 140 of 30 May 2005 regarding the implementation of Directive 2003/9/EC, which establishes minimum rules regarding the hospitality of people seeking asylum in EU member States.2 Article 8, regarding the hospitality of persons with particular needs, in its first paragraph defines as such “vulnerable persons, such as children, the disabled, the elderly, pregnant women, single parents with young children, persons for whom it has been ascertained that they were subject to torture, rape or other serious forms of mental, physical or sexual abuse. In particular, this provision at paragraph four envisages that hospitality to unaccompanied children is given, under the decision taken by a Juvenile Court, by the local authority. Besides, paragraph 5 states that the Ministry of the Interior stipulates conventions, on the basis of the funds available of the National Fund for Asylum Policies and Services, after hearing the Children Committee, for the implementation of programmes aimed at finding the relatives of unaccompanied children”. Here it is openly stated that “The implementation of these programmes must be carried out in compliance with the best interest of the children and with the obligation to absolute confidentiality, in order to protect the safety of the person requesting asylum.”

274. Whereas regarding the legal responsibility of parents this report refers back to the previous one, it is important to consider here the relations between school and families. Law 59/1997 confers legal status to schools of every order with consequent financial, organizational, research and development autonomy. As can be seen by article 139, Decree n. 112 of 31 March 1998, recognition is given to the local authorities, of important functions relating to: the establishment and the abolition of educational institutes, the organization of the use of the school buildings, the management of the process of integration of disabled children, the organization of initiatives of adult education and health education. In this context the Educational Plan becomes an important element of school autonomy where each school must draw up in a consistent way “the general and educational objectives for the different types and topics of education” in such a way as to consider the “requirements of the cultural, social and economic context of the territory”. Autonomy gives to individual school units a specific identity and a relative decision-making capacity. The plan is drawn up by the College of teachers, which use general guidelines defined by the school district council or the institute, taking into account the information submitted by any parents associations and, in secondary schools, by students. It also appears significant that the headmaster is recognized as having the task of activating the “necessary contacts with the different institutional realities (cultural, social and economic) operating in the territory”. The school opens up therefore, more and more, to relationships with the families and the local community.



Students with disabilities

569. In the late 1970s, the Italian Government adopted an inclusive model for schooling, thus paving the way, in terms of legislation, for the integration of students with disabilities. 2007 marked the 30th anniversary of Law No. 517 of 4 August 1977, which is the benchmark law for the integration in schools of pupils with disabilities. In celebration of this event, various sensitisation initiatives were launched across the country.3

570. The National Observatory for the Integration of People with Disabilities has been in operation since 1996. It is made up of a technical committee and a scientific committee, which consists of university lecturers from various fields and a range of experts, as well as a consulting body that brings together the major Italian associations for disabled people. The observatory acts both as a consultation body and as a ‘meeting point’ between the various requests from across the country and the administration.

571. Actions to aid pupils with disabilities focus on two fronts: on the one side, to increase the opportunities for autonomous learning and, on the other, to spread a culture of inclusion in schools that recognizes and respects diversity.



Various national projects focus on these goals

572. The New Technologies and Disabilities Project was begun in 2005 to promote learning and autonomy in school tasks through the use of IT. This is a complex project that has led to, among other aspects, the creation of over 90 Territorial Support Centres. These are technology centres, based at schools and evenly distributed across the country, that have both the hardware and the staff with the necessary skills to enable technology to be used to aid pupils with disabilities. The project also makes available significant electronic resources for remedial teachers: software, best practices, educational courses for specific disabilities, online consulting for technological support. It also involved a call for bids to create innovative software, which would then be distributed for free, thus creating a research opportunity in a field that had previously seen limited private investment.

573. The ‘I Care’ project, begun in 2007, arose from the observation that, in terms of legislation and organization, the integration process had reached its end, but that much remained to be done in terms of relationships and emotional responses. Indeed, until the educational community — pupils, teachers and administrative staff — has ‘internalized’ respect for diversity and changed its emotional behaviour to be based on the principle of inclusion, the integration of pupils with disabilities will remain an unresolved issue. This project is based on both research and action. It seeks to encourage reflection about the practices, relations, organization and teaching involved in relations with pupils with disabilities.

574. The E-inclusion project encouraged the dissemination of new technologies in Southern Italy, providing schools with hardware for activities designed to promote the educational integration of pupils with disabilities.

575. In addition, under the last government, around 30 thousand teachers were taken on to provide support for children with handicaps and/or learning disabilities.

576. In Italy, emphasis is placed on integrating disabled children into normal classes and providing teachers with specific remedial skills for disabled children. This also has a legal framework in Law No. 517/1977 and is based on the rationale that the remedial teacher can assist the teaching done by the ordinary subject teachers. As was highlighted in the tables above in this document, during the 2007/08 school year the number of differently-abled children that were integrated into Italian schools stood at 174,547, in State schools, and 14,166, in private schools, amounting to 188,713. In State schools alone, there are 90,889 remedial teachers, resulting in a national ratio of teachers to differently-abled pupils of 1.92.

800. This is translated into actions which aim to compensate the principal factors of imbalance which affect Italian families’ material living conditions, both because of the particular economic situation (the growing condition of economic difficulty of a segment of families due to the increased cost of consumer goods, concentrated in two main areas: housing and the food sector), and owing to factors which traditionally contribute to the risk of impoverishment (single mothers, large families or where there is a disability or lack of self-sufficiency).

907. Local administrations and charities have carried out many projects in cooperation with local police forces. The projects show a general commitment to dealing with the numerous facets of exploitation using all available resources. Italian Regions have drawn up and passed laws on many different areas such as:

Social support – organize support services to families and children, support parents and young couples, provide financial assistance to mothers, income support and allowances against the risk of poverty and social exclusion

Health care – establish and characterize child benefits, organize services

Protection of the most vulnerable individuals – approve rules to protect migrant, Roma, disabled and hospitalized children

913. The priorities guiding Italian Cooperation activities are as follows:

Reducing the number of children living in conditions of extreme poverty

Promoting respect for the rights of children and satisfying their needs against all forms of discrimination and exploitation

Protecting the human and civil rights of children in conflicts or post-conflict situations, with particular regard to children on their own, orphans, wounded and disabled children, and children belonging to ethnic minorities

Promoting primary education, through access to both formal and informal methods, the right to study and the improvement of the social status of children

Promoting campaigns in countries with the highest mortality rate for newborns, mothers and children, with particular attention to adolescent mothers

Preventing and eliminating exploitation of child labour, with particular attention to current intolerable forms of slavery

Preventing and eradicating the systematic commercial sexual exploitation

Providing psychological and physical protection to children against all forms of violence, dependence, constraint and torture, including harmful “traditional practices”

Preventing and opposing aberrational practices such as trade in boys and girls, ethnic rape, sale and traffic of organs and use of child-soldiers

Improving the quality of life, particularly in urban and environmental terms, within the framework of sustainable development4


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PANAMA
State Report (only available in Spanish)


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