Experts of the Committee on the Rights of Persons with Disabilities Commend Tunisia on Distributing Accessible Technology, Ask Questions on Disaster Response Plans and Access for Refugees and Asylum Seekers with Disabilities to Essential Services
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the combined second and third periodic report of Tunisia on its implementation of the Convention on the Rights of Persons with Disabilities. Committee Experts commended measures taken to provide technology to persons with disabilities, while asking questions on their consideration in disaster response plans and the ability of refugees and asylum seekers with disabilities to access essential services.
Abdelmajid Makni, Committee Expert and Country Co-Rapporteur, commended the State party for measures taken to provide technology to persons with disabilities. However, what legislative and administrative measures had been taken to guarantee a total respect for the right to personal mobility of persons with disabilities with full autonomy?
Samuel Njuguna Kabue, Committee Expert and Country Co-Rapporteur, said more needed to be done regarding the protection of persons with disabilities in situations of risk, in local conflicts, natural disasters and emergencies. Persons with disabilities, through their representative organisations, needed to be involved in disaster response plans and preparedness arrangements. Did Tunisia currently have a strategy for risk management and health crises, considering persons with disabilities and their needs?
Rosemary Kayess, Committee Expert and Vice-Chair, asked the delegation to clarify if Tunisia had a national legal and policy framework on asylum that would enable refugees and asylum seekers, including those with disabilities, to have formal legal status and the ability to access essential services, including disability support and services for children and adults with disabilities?
Introducing the report, Sabri Bachtobji, Ambassador, Permanent Representative of Tunisia in Geneva and head of the delegation, said Tunisia was avant-garde, having introduced legislation for persons with disabilities in 1981. The State was now working towards dedicating 20 accessible buses for non-governmental organizations and associations that worked with persons with disabilities. In a 2005 decree, a national strategy was put forth to ensure better accommodation for persons with disabilities in public facilities and institutions, in terms of mobility and transportation and in making websites accessible.
The delegation said Tunisia had prepared a national plan for response should there be crises, dangers or catastrophes. This plan was merged into a standardised plan with the League of Arab States. This draft Arab plan had been ratified at the Social Ministerial level, and had been sent to the Presidencies to be ratified. Presidential ratification was planned for May 2023 in Qatar.
Tunisia, the delegation said, was among a handful of countries that had ratified most of the international human rights instruments. When migrants needed services delivered by the State, particularly with regards to basic human rights such as healthcare or livelihoods, Tunisia would intervene irrespective of the status of the requester, including whether they were migrants with disabilities or not. Tunisia had delivered free of charge treatment, allowances, disability cards and ad hoc assistance services to such people.
In closing remarks, Mr. Bachtobji said the State party’s goal was integrate the rights of persons with disabilities into daily life in Tunisia, while raising public awareness about those rights and developing mechanisms aiming to protect them. His State was steadfast in promoting the rights of this group and open to undertaking constructive interactive dialogues with the Committee and other human rights treaty bodies.
Mr. Kabue, in his closing remarks, highlighted the need to adhere to the commitments that the State had made and to ensure that all laws and policies were followed through with. Meaningful participation of persons with disabilities needed to be enhanced. Further, mechanisms for the implementation and monitoring of the Convention needed to be strengthened, in terms of both financing and human resources.
The delegation of Tunisia included representatives of the Presidency of the Government; Ministry of Justice; Ministry of Social Affairs; Ministry of Health; Ministry of Education; Ministry of Family, Woman, Childhood and the Elderly; Ministry of Vocational Training and Employment; and the Permanent Mission of Tunisia to the United Nations Office and other international organisations in Geneva.
All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 3 p.m., Tuesday 14 March to begin its consideration of the combined second and third periodic report of Peru (CRPD/C/PER/2-3).
Report
The Committee has before it the combined second and third periodic report of Tunisia (CRPD/C/TUN/2-3).
Presentation of Report
SABRI BACHTOBJI, Ambassador, Permanent Representative of Tunisia in Geneva and head of the delegation, said Tunisia attached great importance to cooperation with the various international mechanisms in the field of human rights. Since its independence in 1956, Tunisia had been keen to advance laws and legislations in line with international law. In this regard, Tunisia had promulgated the first law on the rights of persons with disabilities in 1981. That same year, it had also approved a National Day for Persons with Disabilities, which was celebrated annually. In 1989, it had ratified the International Labour Organization Convention concerning training and recruiting persons with disabilities, and introduced amendments and additions in the field of vocational training and employment of persons with disabilities to strengthen their economic, social and cultural rights. This had been achieved through joint and constructive efforts between State institutions, the Government sector and the initiatives of civil society organizations and associations for persons with disabilities.
Tunisia had rapidly ratified the Convention and acted to implementing its provisions. It had strengthened its legal and legislative references by enacting a law for the protection and advancement of persons with disabilities in August 2005. Tunisia's recognition of the rights of persons with disabilities had not been limited to ratifying this Convention and its Optional Protocol, but also included ratifying several other conventions, such as the International Covenant on Civil and Political Rights and the Third Optional Protocol to the Convention on the Rights of the Child. Other provisions for the protection of persons with disabilities were contained in the Code of the Rights of the Child, the Criminal Proceeding Code, and the Code of Criminal Procedure.
The new Constitution of 25 July, 2022 required the State to protect persons with disabilities from any discrimination and fully integrate them into society. The Organic Law No. 26-2015 of 7 August 2015 on combating terrorism and preventing money laundering established mechanisms to assist victims, including in their enjoyment of free health care in the public health system. A law addressed the right to access information, including by requesting assistance be provided to persons with visual or hearing impairments. A law on preventing and combating trafficking in persons stipulated that assistance measures should consider the specific needs of the victims. Further, a law on the elimination of all forms of racial discrimination doubled the penalty against anyone who committed racial discrimination if the victim was in a situation of vulnerability due to disability. Strengthening these legal achievements had coincided with the strengthening of the institutional framework.
Tunisia had achieved positive and tangible results in reducing the rate of disability from birth through a national programme of compulsory vaccinations and support for early detection and diagnosis. The social security programme aimed to guarantee the right to health benefits for poor and low-income groups. The economic inclusion of persons with disabilities was a priority of the country’s social advancement policy. In addition, efforts had been exerted to enhance the employability of persons with disabilities through proper vocational training and strengthening their position in the economic cycle. Legislation had been enacted requiring that two per cent of jobs be set aside for persons with disabilities in the public and private sectors. Access to sports and leisure activities was also key in advancing integration.
In responding to the COVID-19 pandemic, the State party had implemented several measures related to protecting and assisting the most vulnerable, including grants to support families of persons with disabilities and give priority in vaccination for the elderly, carriers of chronic diseases and other groups. Measures had been taken to make all schools inclusive for children with disabilities. Four years after the submission of the present report, the data and information therein contained now needed to be updated. Ready to provide clarification, Tunisia reaffirmed its openness to the Committee’s proposals and recommendations.
Questions by Committee Experts
SAMUEL NJUGUNA KABUE, Committee Expert and Country Co-Rapporteur, said the Committee had noted a disconnect between legislation and its implementation, between policy and practice, and State commitments and their fulfilment. There were also shortcomings in efforts made to implement the concluding observations. There was need for a stronger mechanism to ensure that legislations enacted were implemented, policies were followed by practice, and that the State’s commitments were honoured by all public and private sectors.
Awareness of the rights of persons with disabilities was still very low, and the media’s treatment of disability issues as well as the training of journalists on human rights approaches were insufficient. Persons with disabilities, through their representative organisations, were still not meaningfully involved in the design, planning, implementation of awareness raising activities.
More needed to be done regarding the protection of persons with disabilities in situation of risk, in particular on the improvement of the quality of care and services for people with intellectual, psychosocial and hearing disabilities in local conflicts, natural disasters and emergencies. Persons with disabilities, through their representative organisations, needed to be involved in disaster response plans and preparedness arrangements.
On access to justice, there was need to train police, prison and court officials to adopt a human rights-based approach in dealing with persons with disabilities, whether they were victims, complainants or witnesses, taking into account gender and age, and to provide reasonable accommodation in all facilities within prisons and detention centres. An accessible mechanism to listen to and guide persons with disabilities and their families who were subjected to exploitation, violence, abuse and torture should be established.
The media needed to increase the use of sign language interpretation in all television stations, and measures needed to be put in place to strengthen the protection of women and girls with disabilities. Rehabilitation services needed to be improved and established closer to where persons with disabilities lived. The State also needed to amend and enforce the Law on Free Access to Public, Cultural, Sports and Entertainment Spaces to ensure facilitation and free access to these places.
ABDELMAJID MAKNI, Committee Expert and Country Co-Rapporteur, invited the delegation to ensure that direct and indirect discrimination based on disability was included in domestic legislation. The lack of such an act was a form of discrimination. The Expert also asked the State party to make sure the State’s Sustainable Development Goal indicators reflected the needs of persons with disabilities. As regards article 10 of the Convention, the State party should abolish provisions affecting the right to life for persons with disabilities and ensure that the enjoyment of this right be equal for all persons.
A Committee Expert asked the delegation to provide information on measures taken to prohibit all forms of discrimination, including physical violence, sexual abuse, and forced sterilisation of women and students with disabilities.
AMALIA GAMIO RIOS, Committee Expert and Vice-Chair, asked whether the State party continued to request the presence of witnesses for all contracts and banking activities involving persons with disabilities? How did the State party follow up on reports of corporal punishment? Were there sanctions for those who committed it? There were reportedly very limited efforts to address the use of violence against persons with disabilities by staff in institutions. Were there clear instructions that such acts could not be committed in institutions?
A Committee Expert asked what the reason was for not amending the Outline Act. The Constitution was amended twice to include provisions on persons with disabilities, which was a positive step. What were the measures taken to prevent child marriage, particularly marriage of girls with disabilities? What was the number of women in the council of equality for men and women? Had Tunisia educated people on countering extremism? There were terrorism groups that had started to spread their ideologies in braille.
ROSEMARY KAYESS, Committee Expert and Vice-Chair, asked how the State party was implementing the Convention’s equality provisions. Was there any mechanism prohibiting discrimination on the basis of disability and guaranteeing persons with disabilities equitable and effective legal protection against discrimination on all grounds? Did the State party mechanisms provide a right to action to bring forward claims of discrimination? Were remedies provided? Could the delegation update the Committee on the implementation of the proposals by the State party subcommittee on legislation to address the 2011 concluding observations regarding reasonable accommodation? Did the State party adopt the definition of reasonable accommodation set out in the Convention and was its denial considered a form of discrimination?
A Committee Expert asked if there were policies to safeguard the lives of persons with disabilities. How were public officials trained to ensure they supported especially women with disabilities equally in compliance with the Constitution and code of conduct? Was there any system to supervise public officials and prevent discrimination against women and girls with disabilities? Was there any special assistance provided in public facilities? How did the Government ensure that there was no discrimination based on gender or disability status? What measures were in place to raise awareness and foster equal treatment in the public sector? What type of support was provided to help persons with disabilities? Were there measures to include women and girls with disabilities in vocational training?
ODELIA FITOUSSI, Committee Expert and Vice-Chair, asked what measure were in place to protect women and girls who were victims of violence.
VIVIAN FERNÁNDEZ DE TORRIJOS, Committee Rapporteur, said that few women had cards that allowed them to obtain benefits from the State, including on inclusive education. Could the delegation update on this? Children suffered from violence as a disciplinary act. Could the delegation provide updated information on measures to eradicate all forms of violence against children, especially those with disabilities? How many children with disabilities were currently being excluded from school due to their disabilities?
GERTRUDE OFORIWA FEFOAME, Committee Chair, asked about measures in place to address inappropriate language in the media and other social sectors when referring to persons with disabilities. Could the State party explain whether a strategic plan had been adopted to eliminate barriers relating to information, communication and technology within a reasonable period? What measures were in place to render the websites of all branches of Government at all levels accessible to persons with disabilities?
Responses by the Delegation
The delegation said the legislative and the legal framework in Tunisia contained no provision excluding persons with disabilities from the enjoyment of their rights.
Tunisia had initiated a national committee in 2019 to align the legal framework as per the Constitution and international standards and norms. The law on the national human rights institution empowered this mechanism to monitor all human rights abuses and propose amendments to law.
Tunisia was avant-garde, having introduced legislation for persons with disabilities in 1981. That law had been evolving with time. Measures were taken to prevent disability from gestation and childbirth and ensure the disability rate was at or below 1.7 per cent. Tunisia contributed to developing a plan to intervene and protect persons with disabilities in times of war, conflict or natural disasters. In May 2023, this plan would be presented to the Council of the Arab League for implementation. The directive law had made clear that persons with disabilities would receive all protection in their milieu. There were eight shelters in the country. Tunisia was incentivising families to keep persons with disabilities living within their homes, so they remained in a natural social framework. In line with the Convention and the 2005 law, Tunisia promoted comprehensive integration of persons with disabilities in education, vocational training and the labour market. For persons with disabilities that could not live at home, there would be specialised centres driven by non-governmental organizations. Tunisia had 311 specialised educational centres to bring closer services to that person with disability and their families. In 2022, the State updated a legislative text to create 24 model special education centres across the nation for persons with disabilities.
Order 3086, which created regional committees for persons with disabilities, set out a definition of persons with disabilities. The legislation recognised a person as a person with disabilities when they had received a disability card from one of those regional committees. There were several categories of disability: severe, moderate and mild. Benefits were attributed depending on the assessed degree. Regarding the right to life, there was no legal text in Tunisian legislation that ran counter to the Convention. Every person whose rights were violated could file a complaint to the Ministry of Social Affairs and receive a number of social safety services.
Rehabilitation centres were regularly supervised and monitored. Tunisian lawmakers made it possible for persons with disabilities to create projects funded by the State up to 22,000 United States dollars. There was a budget line specific to persons with disabilities amounting to 2.2 million Tunisian dinars. 750 projects had been created for persons with disabilities or their caregivers over the reporting period.
Articles 22 to 33 of the Outline Law governed the relationship between persons with disabilities and private and public spheres. Positive discrimination had been enacted by allocating two per cent of posts in the public sector to persons with disabilities. Article 33 obliged private institutions that employed 50 persons and more to employ persons with disabilities as well.
The disability card allowed persons with disabilities to access free of charge services. Families with children with disabilities received monthly allowances, and children with disabilities also received education grants. While reasonable accommodation was not mainstreamed in the law on the rights of persons with disabilities, legislation guaranteed the rights of persons with disabilities in general and prohibited discrimination against them. From article 54 of the 2022 Tunisian Constitution, it could be derived that the denial of reasonable accommodation and of integration into society should be considered as discrimination, even if not explicitly mentioned. There were penalties in the forms of fines, reaching 100,000 Tunisian dinars, for those institutions that did not provide reasonable accommodation. The Ministry of Justice was providing training for judges and officials working in prison establishments to offer services for persons with disabilities and facilitate communication. Training programmes for prison guards were in place; these entailed how to establish contact with detainees with disabilities.
Women who had suffered violence and those with disabilities could access legal aid. The Ministry of Justice ensured there were proper premises where women and girls with disabilities who had been subjects to violence, rape or abuse, and their children, could be taken safely. Sanctions and aggravated sentences were issued in cases where victims were persons with disabilities.
According to Tunisian legislation, the legal age of marriage was fixed at 18. Marriage under 18 could only take place in exceptional or necessary circumstances recognised by a President of the Court after proper investigation, which involved interviewing the child. Decisions were based on the best interest of the child. Many restrictions were attached to issuing this exception.
Tunisian law did not impose guardianship when it came to financial practices of persons with disabilities. There were exemptions in a few situations, when a third party intervened to protect the interest of persons with disabilities rather than imposing guardianship or reducing their capacity to act. In some situations, such as when permanent mental impairment was established or in cases of bad behaviour, a tutor was appointed for persons with disabilities through a court order. The aim of this procedure was to protect the rights of persons with disabilities, allow them to be able to manage their funds and not impose constraints on them. Sign language interpretation was provided in courts to ensure communication and fairness.
The Tunisian State sought to ensure that women with disabilities benefitted from priority in the enjoyment of various health care services, particularly preventative and rehabilitation services. National health care programmes had contributed to lowering disability rates, while supporting women with disabilities on equal footing with other women. One of the most important programmes was the national programme for the safety of mothers and infants, which contributed to the prevention of disability from gestation and childbirth. Activities had been launched to promote awareness on genetic and hereditary diseases. Women and girls with disabilities also benefited from a package of services related to sexual and reproductive health, provided free of charge and without discrimination. Services to ensure that pregnancies were spaced out, early detention of women’s cancer and precaution against disability, particularly for women and girls about to be wedded were guaranteed.
Schools were integrative of persons with disabilities and designed to ensure accommodation for children with disabilities. Integration was also part of the national education training plan. Partnership agreements were signed with civil society. A circular was issued on the evolution of persons with disabilities in the school system. Textbooks in braille were provided to all children with blindness. The State had set out a national strategy to review the disciplinary model in educational centres and schools to ensure there was reconciliation between pupils, with disabilities or not, and the institution. There was also the option to conduct a school committee to investigate particular cases. Disciplinary action was the last recourse.
Questions by Committee Experts
ABDELMAJID MAKNI, Committee Expert and Country Co-Rapporteur, asked if Tunisia currently had a strategy for risk management and health crises. If so, did it consider persons with disabilities and their needs? The Committee invited the State party to establish a strategy to promote deinstitutionalisation. The Committee, in its last session, had launched a guide for deinstitutionalisation. Hope was expressed that Tunisia would be among the first States to put forth a strategy on deinstitutionalisation. The State party was invited to deploy financial and human resources to provide services and assistance for persons with disabilities. Services for the general population should have an inclusive approach that was also systematised. Consultation with persons with disabilities was necessary to identify the support services necessary. The Committee commended the State party for measures taken to provide technology to persons with disabilities. However, what legislative and administrative measures had been taken to guarantee a total respect for the right to personal mobility of persons with disabilities with full autonomy? To what degree did the State offer training in mobility for persons with disabilities and training for specialists working with persons with disabilities?
SAMUEL NJUGUNA KABUE, Committee Expert and Country Co-Rapporteur, asked what measures were in place to revise the law that required persons with visual impairment to appoint a representative or delegate their powers regarding financial transactions and in operating a bank account? How did the State party intend to ensure that this legal capacity was not taken away, as was currently the case, even for people in high-level employment or education? Such people were still considered not to have the capacity to operate their own bank accounts. Persons with disabilities whose rights were violated might be accorded legal assistance but only if unable to afford it. What measures were in place to ensure persons with disabilities were afforded legal assistance and procedural accommodation?
A Committee Expert cited disparaging elements of legal texts jeopardising equality, integration and non-discrimination. What were the steps taken to amend the definition of legal capacity, and to abolish forced hospitalisations, including of children in mental health hospitals?
VIVIAN FERNÁNDEZ DE TORRIJOS, Committee Rapporteur, asked what the State party was doing to ensure accessibility in public facilities for persons with physical disabilities. Disability was not defined in the ethical code of conduct for civil servants in Tunisia. How were civil servants trained regarding disability?
ROSEMARY KAYESS, Committee Expert and Vice-Chair, asked the delegation to clarify if Tunisia had a national legal and policy framework on asylum that would enable refugees and asylum seekers, including those with disabilities, to have formal legal status and the ability to access essential services, including disability support and services for children and adults with disabilities?
A Committee Expert asked what measures were in place to ensure the meaningful participation of persons with disabilities through their representative organisations on matters affecting them. Had the State party developed a national action plan for awareness raising on the Convention? Were organisations of persons with disabilities involved in the design and delivery of any training? Was the Convention available in accessible formats? It was recommended to change the language used in legal texts to human rights-based language, in line with the Convention.
GERTRUDE OFORIWA FEFOAME, Committee Chair, asked what measures were in place to address derogative language and portrayal of persons with disabilities by the media? What measures were in place to guarantee that women with disabilities who were victims of exploitation, violence and abuse could take judicial action? Could statistical data be provided on exploitation, violence and abuse, including sexual abuse, against persons with disabilities, disaggregated by gender, age and form of violence? What monetary and review mechanisms were in place to prevent enforced medical treatment and involuntary confinement of persons with disabilities? Could updated information be provided on measures adopted to ensure that legislation related to mental health was in accordance with the Convention?
Responses by the Delegation
The delegation said Tunisia had prepared a national plan for response should there be crises, dangers or catastrophes. This plan was merged into a standardised plan with the League of Arab States. This draft Arab plan had been ratified at the Social Ministerial level, and had been sent to the Presidencies to be ratified. Presidential ratification was planned for May 2023 in Qatar.
Tunisia had eight institutions for extreme cases of disability, when the individual could no longer live within their families. The Supreme Council for Social Development included associations and non-governmental organizations representing persons with disabilities. It would conduct its first meeting during the first semester of 2023 with a focus on educational integration of persons with disabilities and the implementation of the strategy for school integration of persons with disabilities. The National Institute for Children received children who were abandoned or without known parentage, thus becoming under the care of the State. The International Centre for the Advancement of Persons with Disabilities was an outpatient centre that developed the specialised education system. It was equipped with technology and open to users. Regional model centres affiliated with the International Centre were created. There were reasonable accommodations for the blind and persons with motor disabilities. In a 2005 decree, a national strategy was put forth to ensure better accommodation for persons with disabilities in public facilities and institutions, in terms of mobility and transportation and in making websites accessible. Many facilities were now equipped with sign language interpretation and other tools for visual disabilities.
Tunisia was among a handful of countries that had ratified most of the international human rights instruments. When migrants needed services delivered by State, particularly with regards to basic human rights such as healthcare or livelihoods, Tunisia would intervene irrespective of the status of the requester, including whether they were migrants with disabilities or not. Tunisia had delivered free of charge treatment, allowances, disability cards and ad hoc assistance services to such people.
There were six main national associations taking care of persons with disabilities. These had 311 local branches, and were contributing to State policy design and participating in consultation on issues such as school integration and vocational training for persons with disabilities. A series of measures had been taken to train administrative officers. These included a programme developed with Italy to promote education, rehabilitation and training of administrative officers. Official websites had a minimum level of accessibility. The Government was further updating infrastructure, including websites, to answer the needs of persons with disabilities.
The State guaranteed persons with disabilities from humble backgrounds free of charge treatment in addition to a monthly allowance and other interventions, for instance for children in school. Sign language was included in some television programmes. The Government was working to mainstream sign language in audio-visual media outlets popular in local communities. A national plan formulated in 2008 defined an 11-point plan for identifying and inventorying public institutions and non-governmental organizations that worked with persons with disabilities. The State was now working towards dedicating 20 accessible buses for non-governmental organizations and associations that worked with persons with disabilities.
Legal aid and counselling were provided for women who were victims of violence, including women with disabilities, regardless of their social status. The Government was acting on a strategy to improve administrative and legal counselling and legal aid and facilitate access to legal aid for this vulnerable group. A gender plan aimed at eliminating all forms of discrimination against women in public policies, including women with disabilities. The Ministry of Women Affairs had translated the Organic Act 58 of 2017 into several languages, including into braille to facilitate access of persons with disabilities to this document. The Ministry was leading training workshops to investigate abuses and prevent violence against women and children.
Some expressions used within legislation that were deemed to be obsolete and against the dignity of persons went back to decades ago. Modern texts used other terms to define vulnerable persons.
When the mental state of a person represented a threat to themselves or somebody else, individuals could be hospitalised, respecting their dignity and freedom. Such decisions could be revisited, including by reviewing disturbances that brought them in the institutions in the first place. Actions were ongoing to reform the mental healthcare system and promote mental health in Tunisia.
Questions by Committee Experts
ABDELMAJID MAKNI, Committee Expert and Country Co-Rapporteur, asked the delegation to provide sentences handed down by the judiciary on personal privacy issues for persons with disabilities in institutions. Appreciating that Tunisia was interested in autism, Mr. Makni asked if the autonomy of those in the autistic spectrum was considered by the State. What measures were taken to provide aid and support staff for these individuals?
A Committee Expert asked what comprehensive mechanisms were in place to ensure equal rights and responsibilities of women and men with disabilities regarding guardianship, wardship, trusteeship and child-rearing? What measures were there to safeguard single mothers with disabilities? What positive steps had been taken to reform the Family Law and eliminate the provision in section 2.4 that gave men sole guardianship? What specific legal, social, psychosocial and health care services were in place to support women who faced sexual abuse? What level of compensation might they be awarded? Could the delegation provide information on the provision of childcare support for children with “legitimate” and “illegitimate” legal status? How did the State party provide persons with disabilities, particularly persons with psychosocial or intellectual disabilities, with the same range and quality of free or affordable health care and programmes as was provided to the military?
Another Committee Expert asked what steps had the State party taken to encourage and support persons with disabilities who were pursuing post-secondary education? Could the delegation provide more detailed information on how the Special Parliamentary Committee on Persons with Disabilities and other Vulnerable Groups or other initiatives had or would be addressing access to post-secondary education for persons with disabilities?
ODELIA FITOUSSI, Committee Expert and Vice-Chair, cited information according to which only five per cent of persons with disabilities were employed. Could the delegation specify what measures were in place to increase this rate? What support was provided? What was being done to make leadership programmes accessible to persons with disabilities, especially women and youth? What was being done to support persons with disabilities to live in the community based on their own will as opposed to that of their parents?
A Committee Expert voiced concerns over institutionalisation, residential houses for persons with disabilities and forced hospitalisation of children. The approval of the parents did not make these practices legitimate. Was the Government making sure that psychiatric facilities were excluded from controversial political debates? Were persons with psychosocial disabilities eligible to vote?
SAMUEL NJUGUNA KABUE, Committee Expert and Country Co-Rapporteur, asked if there were measures to ensure the common understanding of reasonable accommodation. What measure were in place to ensure that children were not separated from their parents on the grounds of disability? What measures had been taken to ensure that places of leisure, including theatres, cinemas and recreation spaces, were accessible to all persons with disabilities and that information about them was available in accessible formats?
VIVIAN FERNÁNDEZ DE TORRIJOS, Committee Rapporteur, asked how the State party was ensuring that private workshops were open to persons with disabilities based on their will to participate and not as an imposition? What measures was the State party taking to ensure that such workshops promoted opportunities for persons with disabilities when it came to accessing a dignified job in the general marketplace?
A Committee Expert said there was an urgent need to translate legislation into practice. How many schools were ready for integration of students with disabilities? How many persons with disabilities had been integrated in the school system? What tools had they been provided with?
GERTRUDE OFORIWA FEFOAME, Committee Chair, cited information reporting that there were extreme barriers for deaf persons. What mechanisms was the State party putting in place to alleviate this exclusion, and to provide technical and financial assistance in the provision of reasonable accommodation in the workplace? What mechanisms were in place to ensure effective consultation of persons with disabilities in international cooperation initiatives?
Responses by the Delegation
The delegation said that, to address the autistic spectrum, the Government provided individuals with cards recognizing disability. Last week, an international seminar on integrating children with autism was held to look at international experiences. The same normative framework for unmarried women applied to women with disabilities and children born out of wedlock.
Decree 1477 required school establishments to equip their schools properly to guarantee accessibility for children with disabilities. It was also key to empower adults, including persons with disabilities, in life-long learning centres. Regarding placement in institutions of children, the State intervened when children could not remain in their natural environment.
Amendments had been made to the Organic Law to eliminate ambiguity in the definitions of reasonable accommodation. The State had never separated children from their parents based on the disability of either party. There were no specific problems in private institutions and organisations employing persons with disabilities. Professional training workshops issued certificates that were recognised by the State. There was a need to make sure that training was adapted to the labour market.
On children custody issues, the best interests of the child were considered, and the disability of the mother could in no circumstances be invoked per se as a reason to separate a child from their mother. This could happen only when a disability would make it difficult for a woman to care for her children, leading to negligence or the child being subject to risk. A guarantee of care was in the best interest of the child.
Mandatory admission into an institution was based on a medical record affirming that the person had become a danger for themselves, their family or their surroundings. In many cases, it was the family requesting such an admission. After treatment and assessment of the ability of that person to reintegrate into their community, the order for mandatory admission would be removed.
Since the promulgation of Law 58 of 2017, the Tunisian Courts had issued over 1,300 judgments in favour of women victims of violence and 2,900 orders for legal aid for women. Recipients included women with disabilities. When a person wishing to open a banking account had a multi-dimensional disability, they often sought the assistance of a court-appointed person to access such services.
Tunisia was the only Arab country where students received academic education in sign language, and not just as an elective for professional purposes. 39 per cent of educational facilities and schools accommodated children with disabilities. The number of children with disabilities in educational facilities in the year 2022-2023 had reached 7,306. 36 per cent of such children were girls.
Closing Statements
SABRI BACHTOBJI, Ambassador, Permanent Representative of Tunisia in Geneva and head of the delegation, expressed deep appreciation to the Committee for its work to promote the rights of persons with disabilities worldwide. The efforts of organisations of persons with disabilities in Tunisia was commendable. The State party’s goal was to integrate the rights of persons with disabilities in daily life in Tunisia, while raising awareness about persons with disabilities and developing mechanisms aiming to protect their rights. The observations and recommendations of the Committee would be an important motivation to upgrade these rights. Tunisia was steadfast in promoting the rights of this group and open to undertaking constructive interactive dialogues with the Committee and other human rights treaty bodies.
SAMUEL NJUGUNA KABUE, Committee Expert and Country Co-Rapporteur, said the Committee was most grateful for the interaction with the State dialogue. It was highlighted the need to adhere to the commitments that the State had made and to ensure that all laws and policies were followed through with. Meaningful participation and involvement of persons with disabilities through their representative organisations in the design, planning, implementation and monitoring of all programmes and policies, especially those which affected them, would need to be enhanced. Mechanisms for the implementation and monitoring of the Convention would need to be strengthened in terms of both financing and human resources. The Committee looked forward to continued communication with the State party as well as organisations of persons with disabilities in respect to the implementation of the Convention.
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