Experts of the Committee on the Rights of Persons with Disabilities Commend Belarus’ Disability Rights Law, Ask about Closures of Organizations of Persons with Disabilities and Removal of Persons with Disabilities’ Legal Capacity
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the initial report of Belarus on its implementation of the Convention on the Rights of Persons with Disabilities, with Committee Experts commending the State’s law on the rights of persons with disabilities and their social integration, while asking questions on closures of organizations of persons with disabilities and the removal of persons with disabilities’ legal capacity.
Muhannad Salah Al-Azzeh, Committee Expert and Member of the Country Taskforce for Belarus, said Belarus had implemented an impressive law on the rights of persons with disabilities and their social integration. The definition of disability in this law was in line with that of the Convention. However, a medical rehabilitation expert commission was still used to implement this definition. Why was this?
Mr. Al-Azzeh said approximately 1,500 civil society organizations had been shut down for different reasons. How many organizations of persons with disabilities had been shut down?
Amalia Gamio Rios, Committee Expert and Member of the Country Taskforce for Belarus, added that the Office of the Rights of Persons with Disabilities was closed for having committed “financial crimes”. Was there proof that its employees had committed crimes and had the organization since been reopened?
Persons with psychosocial disabilities were often subjected to proceedings to remove their legal capacity that were not in line with the Convention, Ms. Gamio Rios said. Very few people had had their legal capacity restored compared to those who had lost it. What measures would be taken to bring legislation on legal capacity in line with the Convention?
Introducing the report, Maryna Artsiomenka, Deputy Minister of Labour and Social Protection of Belarus and head of the delegation, said Belarus had made serious efforts to implement the Convention and had achieved concrete results in the integration of persons with disabilities into society. In 2023, the law on the rights of persons with disabilities and their social inclusion entered into force, introducing a ban on discrimination based on disability, and also determining which exceptions and restrictions should not be considered discrimination.
The delegation said the State was moving away from the medical model of determining disability. Belarus employed a medico-social model for determining disability, which was underpinned on the protection of rights and sought to remove barriers and enhance persons with disabilities’ quality of life. Social workers were involved in defining disabilities.
There were around 70 organizations that protected the rights of persons with disabilities, the delegation said. Organizations that were shut down were shut down for violations of the State’s law. They were given the opportunity to appeal in the Supreme Court.
The Office of the Rights of Persons with Disabilities worked using donor funds from the Office of the Resident Coordinator of the United Nations. Law enforcement had found that funds for a project carried out by the Office were directed to a purpose that was not declared by the organization. Investigations into this case were suspended but there were unlawful acts committed by an employee of the Office.
The delegation said Belarus had a mechanism to provide for power of attorney for persons with limited mental capacity who needed a legal representative. There were 27,000 persons in Belarus who did not have legal capacity. Persons could regain their legal capacity if their health situation improved. Around 105 persons had regained their legal capacity recently.
In concluding remarks, Ms. Artsiomenka thanked the Committee on its interest in Belarus’ efforts in integrating persons with disabilities in society. Belarus was proud of the results it had achieved, which would not have been possible without cooperation between the State and organizations of persons with disabilities. Belarus planned to create a fair and equal society based on the provisions of the Convention.
Mr. Al-Azzeh, in concluding remarks, thanked the delegation for the interactive and constructive dialogue and for the intentions they had expressed regarding better implementation of the Convention. Doctors’ and authorities’ ability to decide for persons with disabilities in areas such as health, education and legal capacity ran contrary to the Convention. The Committee hoped that the dialogue would encourage the State party to fully implement the Convention and allow organizations of persons with disabilities to participate in decision-making processes.
Also in concluding remarks, Gertrude Oforiwa Fefoame, Committee Chair, called on the State party to not permit reprisals against persons and organizations that had cooperated with the Committee, and to implement the Committee’s concluding observations, which would help to enhance the quality of life of all persons with disabilities in the State party.
The delegation of Belarus consisted of representatives of the Ministry of Health; Ministry of Labour and Social Protection; Ministry of Justice; Centre of Medical Assessment and Rehabilitation; Institute of Inclusive Education; Belarusian Society of the Deaf; and the Permanent Mission of Belarus to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Belarus at the end of its thirty-first session, which concludes on 5 September. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s thirty-first session and other documents related to the session can be found here.
The Committee will next meet in public on Thursday, 22 August at 10 a.m. to begin its examination of the combined second and third periodic report of Belgium (CRPD/C/BEL/2-3).
Report
The Committee has before it the initial report of Belarus (CRPD/C/BLR/1).
Presentation of Report
MARYNA ARTSIOMENKA, Deputy Minister of Labour and Social Protection of Belarus and head of the delegation, said the coordinating body for the implementation of the provisions of the Convention was the Ministry of Labour and Social Welfare. The dialogue would make it possible to present the achievements of Belarus and determine further prospects for increasing efforts to implement the rights and improve the quality of life of persons with disabilities.
Five years had passed since the submission of Belarus’ first report on the implementation of the Convention. Over the years, Belarus had made serious efforts to implement the Convention and had achieved concrete results in the integration of persons with disabilities into society. Belarus occupied a high position in the ranking of achieving the Sustainable Development Goals, at thirty-fourth place among 166 countries. In 2023, less than four per cent of Belarusian citizens had incomes below the need criterion. The country had built a system of minimum social standards, which guaranteed access for all citizens to services in the field of healthcare, education, social services, culture and sports.
Today, persons with disabilities made up six per cent of the total population. The strategic document for the implementation of the Convention was the National Action Plan (2017–2025). It contained specific measures to ensure decent living conditions for persons with disabilities. To assess its effectiveness, a system of indicators had been approved for six main spheres of life. The results of the implementation of the National Plan were monitored by the President and the Government.
In 2022, a large-scale constitutional reform was carried out, supported by a national referendum. The updated Constitution enshrined the principles of equality and non-discrimination of persons with disabilities in a separate article, and emphasised that the State implemented a policy of social integration of persons with disabilities, creating an accessible environment and improving their quality of life, and supporting families with disabilities. Since 2023, the law on the rights of persons with disabilities and their social inclusion entered into force, introducing a ban on discrimination based on disability, and also determining which exceptions and restrictions should not be considered discrimination.
The law also prohibited discrimination based on sex in all spheres of social relations. Women made up almost 54 per cent of the country's population, of which six per cent were women with disabilities. There were no gender differences in the provision of legal, social, economic, and other support measures. The sixth National Action Plan for Gender Equality (2021-2025) was being implemented. There were several State programmes that focused on various aspects of strengthening the status of women.
Maximum conditions had been created for the upbringing of children with disabilities, of which there were 38,800 in the country. Disability pensions and child benefits were paid, including for other children in the family. Working parents were provided with labour guarantees. An education system for children with special needs had also been formed. The coverage of special education and remedial pedagogical assistance for children with special needs was almost 100 per cent. An interdepartmental plan for the deinstitutionalisation of children and young people was being implemented in the country.
The law on the rights of persons with disabilities defined the means of communication for various categories of persons with disabilities. Sign language interpretation and broadcasts with subtitles were increasing every year. Over the past five years, these had increased three-fold. A Government decree established the obligation to have a version for the visually impaired on all websites. In 2020, the Marrakesh Treaty entered into force for Belarus. Compliance with the requirements for the comprehensive accessibility of buildings stipulated in the law on the rights of persons with disabilities in design and construction was mandatory. Every fifth social infrastructure facility was fully accessible today.
Measures had been taken to train judges in working with various categories of persons with disabilities. Over five years, about 900 judges had improved their skills. Guaranteed legal assistance to persons with disabilities was provided at the expense of territorial bar associations in all legal clinics. Persons with disabilities were guaranteed the right to receive all necessary assistance in the event of an emergency. Since 2023, round-the-clock centres for receiving and transmitting messages to emergency and other services for persons with hearing impairments had extended their work to almost all regions of the country.
For social inclusion, persons with disabilities were provided, as required, with the services of personal assistants, sign language interpreters, and assistive devices. Persons with disabilities under the age of 18 were provided with the necessary technical means of social rehabilitation free of charge or on preferential terms.
Ms. Artsiomenka also presented measures to support persons with disabilities’ access to pension payments, healthcare, rehabilitation, employment, and an adequate standard of living, and to promote their participation in public life.
In Belarus, she concluded, work continued to create an inclusive society, which would have a positive impact on the lives and well-being of Belarusian citizens with disabilities.
Questions by Committee Experts
MUHANNAD SALAH AL-AZZEH, Committee Expert and Member of the Country Taskforce for Belarus, said that there was limited representation of organizations of persons with disabilities from Belarus in the audience. Through the dialogue, the Committee aimed to learn more about measures implemented for persons with disabilities in Belarus and to provide advice to the State party related to the implementation of the Convention. Belarus had implemented impressive legislative reform and an impressive law on the rights of persons with disabilities and their social integration. The definition of disability in this law was in line with that of the Convention. However, a medical rehabilitation expert commission was still used to implement this definition. Why was this? What standards were used to classify disability?
Doctors and medical staff were not the correct persons to determine the needs of persons with disabilities. Persons with disabilities needed to determine these needs themselves. There were provisions in laws with derogatory language about persons with psychosocial disabilities. Were there plans to revise national laws to bring them in line with the Convention?
What was the situation of organizations of persons with disabilities? Approximately 1,500 civil society organizations had been shut down for different reasons. How could the State party ensure the participation of organizations of persons with disabilities in public life? How many organizations of persons with disabilities had been shut down?
Did the State party have a clear mechanism for investigating the denial of reasonable accommodation?
Was there representation of women with disabilities in the National Council for Gender Policy? How did the State party ensure the full engagement of women with disabilities in drafting gender equality action plans? How many organizations of women with disabilities were there in the State party? Were there plans to engage women with disabilities in developing State policy through legal reform?
The law on the rights of the child mainly focused on disability services. Were there plans to make this law more inclusive?
There were stereotypical portrayals of persons with disabilities in the media. What concrete steps had been taken to eliminate this stigma and promote the diversity of persons with disabilities?
Belarus had carried out important work to promote accessibility. Did the State party promote accessibility in its broad sense? There was a lack of sign language interpreters in Belarus. What was the situation of accessibility in public transport for persons with visual disabilities and for persons with intellectual disabilities?
Belarus did not have a national human rights institute based on the Paris Principles. What was the national independent entity that monitored the implementation of the Convention? Were there plans to establish a national human rights institute based on the Paris Principles?
ODELIA FITOUSSI, Committee Expert and Member of the Country Taskforce for Belarus, asked whether persons with disabilities needed to identify as having a disability to receive accessibility benefits in the workplace.
AMALIA GAMIO RIOS, Committee Expert and Member of the Country Taskforce for Belarus, said there were many ways that organizations could violate the law, making it easy for the State party to dissolve them. The Office of the Rights of Persons with Disabilities was closed for having committed “financial crimes”. This left employees with disabilities with nowhere to go. Was there proof that its employees had committed crimes and had the organization since been reopened?
Responses by the Delegation
The delegation said the State was moving away from the medical model of determining disability. Experts in medical rehabilitation needed a new instrument for assessing the individual needs of persons with disabilities. This instrument was the international classification for functioning and health, which was used across the State. Belarus employed a medico-social model for determining disability, which was underpinned on the protection of rights and sought to remove barriers and enhance persons with disabilities’ quality of life. When providing medical rehabilitation, each patient was assessed based on the international classification of functioning, and on categories of life functioning. This was not a purely medical approach. It defined disability based on severity. Parents received funds to help them care for children with disabilities. Social workers were involved in defining disabilities. Each person with disabilities was given a personalised rehabilitation programme.
Belarus was working to bring its legal framework in line with the Convention.
There were non-mandatory employment programmes that persons with disabilities could participate in. It was compulsory for employers to shorten working hours and adapt workplace conditions to the persons’ needs.
The legislation on voluntary associations had changed significantly recently, giving them expanded rights to carry out activities. There were around 70 organizations that protected the rights of persons with disabilities and others that also worked with persons with disabilities. Organizations that were shut down were shut down for violations of the State’s law. Organizations that were shut down were given the opportunity to appeal in the Supreme Court. Some organizations had shut down of their own will after finishing their work.
The Office of the Rights of Persons with Disabilities worked using donor funds from the Office of the Resident Coordinator of the United Nations. Law enforcement had found that funds for a project carried out by the Office were directed to a purpose that was not declared by the organization. Investigations into this case were suspended but there were unlawful acts committed by an employee of the Office. The Committee should not focus on the activities of organizations that had been shut down, but rather on the work carried out by the existing organizations.
There was a mechanism for examining complaints by citizens. Complaints related to reasonable accommodation could be submitted to the relevant State body covering the area in which reasonable accommodation was allegedly not provided.
The National Council for Gender Policy did not include persons with disabilities. This Council had been operating since 2000. This Council discussed issues related to disability. National plans were informed by studies of public opinion. Women with disabilities could express opinions related to State policies through organizations of persons with disabilities that participated in Government consultations.
Organizations of persons with disabilities were not divided by gender. However, there was a large women’s organization in Belarus which had launched projects seeking to find and promote the achievements of talented women with disabilities, organise work at home for women with disabilities, and assist women with disabilities with childcare. The State party would take careful note of the opinion of the Committee regarding the representation of women with disabilities in the National Council for Gender Policy.
In addition to the law on the rights of the child, the Education Code included articles on the education needs of children with disabilities. Standards on inclusive education were enshrined in this code. The law on the rights of the child required that the State guarantee free and safe education for children with disabilities, as well as medical and psychological care.
Creating a positive attitude was an item in the plan of action to implement the Convention. In 2017, the State party had adopted an information strategy to promote a positive image of persons with disabilities in society. Now, the State party was drawing up awareness plans in cooperation with the Information Ministry to promote persons with disabilities as autonomous persons who were responsible for their own development. Approximately 60 per cent of persons with disabilities were now employed and were contributing to the economy. Persons with disabilities were succeeding in sport and culture, and information policy helped the State party to communicate this.
Various events were being carried out to promote the rights of persons with disabilities, including the international day for persons with disabilities, as well as days for specific disabilities and flash mobs promoting disability rights.
Belarus was the only post-Soviet State with a law on plain language. It was adapting information products and providing subtitles and sign language interpretation for State communications. A training programme for sign language interpreters had been launched in the Minsk Institute in 2023; all participants had received employment. Around 62 per cent of public transportation was now accessible for persons with physical disabilities. The State social support programme included indicators for accessibility, including on the availability of Braille literature in libraries.
Public associations conducted independent monitoring of implementation of the Convention. The inter-agency commission on the rights of persons with disabilities and other advisory bodies included members of public associations. Belarus had studied the possibility of creating sectoral national institutions, such as a children’s ombudsman, but it was decided that such an organization would not be relevant. It would consider the value of a disability ombudsman in future.
Questions by Committee Experts
MUHANNAD SALAH AL-AZZEH, Committee Expert and Member of the Country Taskforce for Belarus, asked why the State party had not included disability questions in the 2019 Census. How did the State party engage persons with disabilities in developing international cooperation programmes? What was the level of accessibility of public transportation for blind and deaf people?
A Committee Expert asked about the ministries responsible for the national implementation plan for the Convention. How did the State party monitor the implementation of the plan? Which organizations of persons with disabilities was the State party working with to implement the plan? Many organizations of persons with disabilities did not have legal status to conduct activities in Belarus. How would the State party strengthen the activities of these organizations?
AMALIA GAMIO RIOS, Committee Expert and Member of the Country Taskforce for Belarus, said the Committee had a considerable interest in the number of organizations of persons with disabilities that had lost their registration. Had their members been imprisoned?
Another Committee Expert asked about mechanisms to ensure the participation of children with disabilities in public life.
GERTRUDE OFORIWA FEFOAME, Committee Chair, said that the 2022 concluding observations of the Committee on Economic, Social and Cultural Rights on the report of Belarus included a recommendation that the State party develop a comprehensive legal provision to address discrimination, including discrimination of persons with disabilities. Had this been done?
Responses by the Delegation
The delegation said Belarus was actively involved in international cooperation. It also received foreign assistance to implement various projects, including from United Nations agencies. The United Nations Children's Fund was implementing a joint project on food for children in residential schools in Belarus, which aimed to assist children with disabilities.
The State party was constantly introducing new measures to the national plan to implement the Convention. It had adopted a system of 37 criteria to assess the implementation of the plan in various spheres. Information on implementation of the plan was submitted to the President annually. The Belarusian Society of Deaf Persons, the Association of the Visually Impaired, the Association of Children with Disabilities, and the Association of Wheelchair Users, among others, worked with the Government to implement the plan. Roundtables had been held with persons with disabilities that had led to changes in legislation.
There were no cases in which public associations protecting the rights of persons with disabilities had been revoked of Government registration. There was nothing stopping associations from making repeated registration requests, including after they had been shut down. The registration process was transparent.
Several public associations for children and young people were working to promote the participation of children with disabilities. Children’s parliaments and councils included around 100 children with disabilities. These bodies organised meetings with authorities on the participation of children in public life.
The accessible environment subprogramme included indicators on accessibility for persons with physical disabilities. Public transport had tactile strips and audio information applications to assist deaf and blind persons.
After being reformed in 2022, the Constitution now had a separate article on persons with disabilities, which called for the improvement of their living conditions and their protection from discrimination.
Questions by Committee Experts
AMALIA GAMIO RIOS, Committee Expert and Member of the Country Taskforce for Belarus, said two persons with disabilities had died in prisons in Belarus after being imprisoned for participating in protests in 2020. Had there been follow-up to these deaths, and had restorative justice been provided to family members?
What measures were in place to assist persons with disabilities displaced by the Ukraine war, including to ensure that such persons were not institutionalised?
Persons with psychosocial disabilities were often subjected to proceedings to remove their legal capacity that were not in line with the Convention. What measures would be taken to bring legislation on legal capacity in line with the Convention? Very few people had had their legal capacity restored compared to those who had lost it. What were the individualised conditions provided by the State to help persons with disabilities to participate in court proceedings?
Belarus continued to intern persons with disabilities in psychiatric institutions against their will. Was the State party working to reform this practice? The State party needed to better align its legislation with article 14 of the Convention. How did the State party generally respect the rights of persons with disabilities in prisons?
Torture and other cruel, inhuman or degrading treatment were not defined in State law and there were reportedly cases of torture committed by State officials. Was the prohibition of torture being applied? There were reports by the Committee against Torture of violations of human rights defenders, including women with disabilities, in detention centres. Could the delegation comment on this?
Were there measures to prevent violence, specifically domestic violence, against women and girls with disabilities? The Committee had received information that lesbian, gay, bisexual, transgender and intersex persons with disabilities were being intimidated and having their rights violated in Belarus. What measures were in place to support such persons?
ODELIA FITOUSSI, Committee Expert and Member of the Country Taskforce for Belarus, asked about the extent to which organizations supported by the Government could protest Government measures. Did the State party promote the activities of truly independent organizations?
MUHANNAD SALAH AL-AZZEH, Committee Expert and Member of the Country Taskforce for Belarus, said a public referendum had been held on the death penalty that had decided to maintain it. Were there any persons with disabilities on death row or who had been sentenced to the death penalty?
Responses by the Delegation
The delegation said there was mass unrest in Belarus in 2020 inspired from abroad. Some persons had protested the results of the 2020 elections unlawfully. Persons who had broken the law were lawfully punished and sentenced. There was no mass involvement of persons with disabilities in the protests. The State party did not have information on deaths of persons with disabilities in prison.
Belarus had received many thousands of Ukrainians who had fled the conflict. Many older persons and persons with disabilities had applied to the employment and social assistance structures in Belarus. More than 1,700 Ukrainians, including 83 persons with disabilities, had applied for support; 68 people had received the disability benefit. Employment assistance was given to eight persons with disabilities. Families with children received psychosocial support. There was no data on children from institutions having been moved unlawfully into Belarus and held there. “Health stays” had been organised in Belarus as holidays for children from Eastern Ukraine to help them escape the conflict.
Belarus had a mechanism to provide for power of attorney for persons with limited mental capacity who needed a legal representative. There were 27,000 persons in Belarus who did not have legal capacity. Persons could regain their legal capacity if their health situation improved. Around 105 persons had regained their legal capacity recently.
Under the law on lawyers, there were specific categories of persons provided with legal support by the Bar Association, which could represent persons with disabilities in court. Persons with auditory difficulties were provided with sign language interpretation in court proceedings. Electronic proceedings were also employed to increase the accessibility of the courts.
Compulsory hospitalisation could only occur if there was a court order. Certain institutions had been approved to provide outpatient monitoring. Measures had been taken to ensure accessible conditions in prisons. Conditions in detention centres were monitored by a coalition of public associations. The recommendations of these public associations were considered by the Government.
Any actions causing serious pain or suffering for discriminatory reasons were prohibited. This included the use of torture against persons with disabilities. All complaints of the use of torture were investigated. The State party seriously doubted the credibility of the sources used by the Committee against Torture.
The law on the prevention of criminal offences was amended in 2022 to simplify protection procedures for women and girls. The law also implemented correctional programmes for attackers and psychological assistance for victims. There were plans to set up a register of cases of domestic violence. A system supporting victims of domestic violence was in place. Around 134 crisis rooms were available for domestic violence victims. In 2023, 236 victims of domestic violence stayed in the crisis rooms, including 15 women with disabilities. The State party worked with the United Nations to develop a practical manual for providing support to victims of domestic violence with disabilities.
Lesbian, gay, bisexual, transgender and intersex persons were not persecuted in Belarus. Sexual orientation was a personal choice. However, if persons started attracting minors to engage in unlawful activities, they were held legally accountable.
The Government did not interfere in the activities of voluntary associations and voluntary associations did not interfere in the activities of the Government. One association owned companies and factories that made competitive products, which the association used to fund its activities. Problems faced by persons with disabilities were brought to the Government by such associations.
Around 80 per cent of citizens had voted against removing the death penalty in 1996. If persons issued the death penalty had signs of a psychosocial disability, courts could repeal the sentence and apply a different sentence. The death penalty had not been used against a person with a disability. There was ongoing discussion about placing a moratorium on the death penalty.
Questions by Committee Experts
AMALIA GAMIO RIOS, Committee Expert and Member of the Country Taskforce for Belarus, asked what the State party was doing to revise the law on the provision of psychiatric assistance, which allowed for forced medication? The State party needed to carefully revise this law based on article four of the Convention. People were still being sent to care centres in the State. What deinstitutionalisation programmes were being implemented, including after 2022? What measures were in place to promote community support, including personal assistants and sign language interpreters?
MUHANNAD SALAH AL-AZZEH, Committee Expert and Member of the Country Taskforce for Belarus, said there was a programme in Gomel region in Belarus under which 40 children were transferred from institutions to family settings. Was there a plan with a timeframe to transfer all 6,000 children in institutions in the State, including at least 2,300 children with disabilities, to their biological families or to adoptive or foster families? There were reportedly refugees, including refugees with disabilities, pushed back from neighbouring countries, particularly Poland, who had been harshly treated by border officials in Belarus. Could the delegation comment?
A Committee Expert said torture and other cruel, inhuman or degrading treatment were reportedly occurring on an organised basis in the State party against political opponents. Prisoners faced barriers in accessing medical care. Why should the Committee believe the State party’s account on this matter, rather than the accounts of several credible international organizations?
Another Committee Expert said that new rules prevented Belarusian consulate offices from renewing or issuing Belarusian passports. What measures were in place to facilitate applications to access essential documents for persons with disabilities staying overseas?
Responses by the Delegation
The delegation said that on 21 July, a new version of the law on psychiatric assistance was adopted. The law allowed for compulsory observation in outpatient units and in the criminal justice system. Government officials ensured the protection of patients’ rights and created conditions for their integration into society. Court orders were needed for involuntary treatment. Involuntary treatment could be imposed if the person involved had a psychological disorder that presented dangers to persons around them. The State party would heed the opinion of experts as it continued to revise this law.
The State party had been implementing a deinstitutionalisation plan over the last five years and had achieved tangible results. Six special schools for children had been closed. Over the last 10 years, the number of children in institutions had decreased by 30 per cent.
A new law on social services entered into force in July this year. The law implemented a new social services principle that promoted a favourable home environment and aimed to develop outpatient services. Daytime observation for patients with dementia was being provided at social service centres and a foster family system for persons with disabilities had been implemented. Centres for social services were established in each administrative area. Personal assistant services had been added to new legislation on social services. Sign language interpreters were widely available in social service centres. There were more than 22,000 employees in social service centres, more than half of whom provided at-home care. Voluntary associations were involved in providing care in social service centres.
Over the past several years, there had been active movements of refugees trying to enter the European Union through Belarus. Illegal migrants were pushed back and subjected to cruel treatment by border officials from Poland and Lithuania. When necessary, Belarusian officials provided these persons with support, including medical support for pregnant mothers. Belarus was actively cooperating with international organizations in this regard. Countries of the European Union had suspended cooperation with Belarus on border management. Fifty persons had died recently after being pushed back. There had been no cases of border guards mistreating migrants.
Belarus had effective public monitoring of penal institutions and local observation commissions in every district. Many public association representations were members of these commissions, which carried out their activities in full autonomy. The commissions could carry out investigations without the permission of the leaders of institutions and interview detainees. All places within these institutions needed to be opened for inspection. There had not been any communications regarding torture delivered to these commissions. Reports of certain international organizations were not in line with reality.
There had been a change in legislation regarding the issuance of passports abroad. This had become impossible due to sanctions imposed against Belarus by the West. Persons needing to renew passports could return to Belarus to renew them domestically. This was a temporary measure.
The programme for the deinstitutionalisation of children was comprehensive. The State party was developing programmes for placing children in foster families that received payments for their care work as well as clothing and school supplies. Payment for support of orphan children had increased over four-fold. There was no timeframe for deinstitutionalisation plans. The State party was continuing to cooperate with the United Nations Children's Fund to improve the situation of children in line with their rights. Over the past five years, around 2,000 children had been adopted, including around 50 with disabilities.
Questions by Committee Experts
ODELIA FITOUSSI, Committee Expert and Member of the Country Taskforce for Belarus, asked about the national plan to promote personal mobility for persons with disabilities. What training was provided to persons with disabilities on the use of mobility assistance devices? What support was provided to persons with autism? How long did it take for persons with disabilities to receive motorised wheelchairs after applying for them? If persons disagreed with decisions regarding the devices they needed, could they issue a complaint?
Persons who protested against the Government could be imprisoned in the State party. What was the State party doing to promote the right of freedom of expression for persons with disabilities? Sign language was still not an official language in Belarus. When would the State party recognise it as such?
Responses by the Delegation
The delegation said it was considering measures to improve individual mobility, including discounted transportation fees. Persons with disabilities travelled for free on urban public transport, which had accessibility features to accommodate them. The law on the rights of persons with disabilities included standards on mobility devices. Around 41 of the 50 mobility devices identified in the law were provided for free. There was a programme to train persons with disabilities in the use of these devices provided by the social service centre. Training was also provided on computer applications designed to aid persons with disabilities. The medical expert commission determined which devices persons with disabilities needed to facilitate their rehabilitation. The opinion of the person with a disability needed to be factored into the commission’s decision. It could take around a month for a wheelchair to be delivered. Wheelchairs could be custom-made according to individual needs. Special devices to aid communication for persons with autism were provided from an early age. Belarusian sign language was recognised in the law on the rights of persons with disabilities.
Freedom of expression and freedom of belief were protected in Belarus’ laws. Persons were arrested for breaking the law, not for expressing their opinions. Since 2021, the European Union had suspended all direct flights to Europe from Belarus. Now, persons needed to travel through other countries and sometimes flights could take 12 hours or more. This was why many organizations of persons with disabilities from Belarus were not participating in the dialogue.
Questions by Committee Experts
MUHANNAD SALAH AL-AZZEH, Committee Expert and Member of the Country Taskforce for Belarus, said hundreds of media outlets had been shut down since 2020, restricting freedom of expression. How was freedom of expression for persons with disabilities ensured in such a restrictive environment?
ODELIA FITOUSSI, Committee Expert and Member of the Country Taskforce for Belarus, said that the Committee had met with organizations of persons with disabilities from Belarus one day before the dialogue, so they had been able to travel to Geneva. For the State party to recognise sign language as an official language, it would need to require its use in all public fora. Why were persons with psychosocial disabilities included in the list of extremist activists and why was this list made public? How did the State party protect the privacy of persons with disabilities?
What support did parents with disabilities receive to raise their children in the best conditions? The State was providing a variety of support, but 40 hours of support was not enough for persons with disabilities who needed 24-hour support. Although there was a law allowing persons with disabilities to get married, there were reports that persons with psychosocial disabilities were sometimes refused the right to get married.
There were significant barriers to the effective implementation of inclusive education. How would the State party achieve inclusive education? Most education institutions were segregated and there was no accommodation of children with disabilities in general schools. What percentage of children with disabilities had completed high school and university education, and what supports were provided in those institutions?
How were persons with disabilities involved in developing reproductive health care content and how was the State supporting their access to such care? What progress had been made in building health care centres adapted to persons with disabilities? What training was provided to health care teams on disability and how were persons with disabilities involved in developing this training?
The disability classification affected persons’ right to work and access social benefits. When would the State party stop this classification and give persons with disabilities the right to work without any restrictions? How was the State party encouraging persons with disabilities to reach public office? Disability rights advocates had been arbitrarily detained for their activities. How was the State party supporting their activities? What laws were being broken by these people? What measures were in place to promote access to leisure and sports activities for persons with disabilities?
Responses by the Delegation
The delegation said there were no severe restrictions on the media in Belarus. There were hundreds of media outlets, including outlets where persons with disabilities could express their views within the framework of the law. If media workers broke the law and stoked tensions, there would be legal consequences. As of July 2024, there were 58 publications and hundreds of television and radio programmes, of which half were Government owned.
Doctors and medical staff did not have the right to reveal data related to health status. Release of such data could be criminalised; each case was investigated by the State.
In 2020, there had been failed attempts to overthrow the legitimately elected President and Government. In response to this, legislation on extremist activities had been strengthened. This legislation did not discriminate against persons with disabilities. If persons had committed extremist crimes, they were penalised under this law. The list of extremist persons was formed as part of a legal procedure.
Belarus was doing everything possible to ensure that children could be raised in their families. Disability pensions were provided for families with children with disabilities. Up to 40 hours of nanny care per week could be provided by the State for families with two children with disabilities, and social residential centres could look after children for up to 56 days per year. There were also early intervention centres that helped to care for up to 2,000 children with disabilities up to age three each year. Around 99 per cent of parents had said that they were satisfied with the quality of care provided in these centres. Certain rights were restricted for persons with inadequate medical capacity, including marriage.
Inclusive education was defined as an important principle in State legislation. Over 70 per cent of children with developmental issues were being taught in integrated education. There were over 2,000 such children in preschools. Almost 6,000 classes in schools practiced integrated education. Approximately 1,100 persons with disabilities entered higher education and 400 people entered vocational education.
Belarus had medical units with special facilities tailored for persons with disabilities. Belarus was focused on training rehabilitation specialists on the international classification of medical impairment. The State health policy gave priority healthcare to women who were pregnant. There were gender-friendly family planning and parenthood services available for women and teenagers with disabilities. Measures were taken to prevent abortion. The State party planned to open social rehabilitation centres for persons with disabilities, which brought together medical, social and educational services.
Labour restrictions were not applied solely on the grounds of disability. Persons who lost their work due to a disability were supported to find other work. Workplaces were adapted to accommodate persons with disabilities.
Persons with disabilities could participate in sports on an equal footing with others. There were clubs established for adapted sports. Belarus had suffered a flagrant injustice, with its paralympic athletes being arbitrarily excluded from the Paralympic Games. Thanks to campaign efforts, Belarusian athletes were given the opportunity to participate with neutral status, though this was discrimination based on nationality. Almost 67 per cent of children with disabilities were participating in sport or cultural education.
Questions by Committee Experts
A Committee Expert asked about plans to broaden assistive services such as guide dog services? The assistive technology list was out of date; what measures were in place to update it? Were there punishments for officials who unnecessarily divulged information on disability of institutionalised persons?
Another Committee Expert said the Family Code had provisions on taking children away from their parents. Why did the Code maintain these?
One Committee Expert asked about measures the State party would take to facilitate the use of sign language and other accessible means of communication for non-nationals.
AMALIA GAMIO RIOS, Committee Expert and Member of the Country Taskforce for Belarus, said that in the Labour Code, there were special employment positions for persons with disabilities, which was contrary to the Convention. How was the State party promoting inclusive workplaces?
Responses by the Delegation
The delegation said Belarus was developing new modern assistive devices for persons with visual impairments. Persons could acquire these devices and the State could compensate them for their expenses. The State party was not training guide dogs.
The law on the protection of personal data applied to the staff working at residential institutions. Social services staff respected the dignity and rights of persons in these institutions. Guardianship bodies could remove children from their parents if there was a direct threat to the child and put them in the care of the State for a period of no more than six months.
Many foreign nationals who lived permanently in Belarus could speak Russian and Belarusian. Persons who did not know Russian or Belarusian were provided with free interpreters into their native languages in healthcare and other settings. Sign language services were also provided as required.
Concluding Remarks
MARYNA ARTSIOMENKA, Deputy Minister of Labour and Social Protection of Belarus and head of the delegation, thanked the Committee on its interest in Belarus’ efforts in integrating persons with disabilities in society, and for its constructive approach. Belarus was proud of the results it had achieved, which would not have been possible without cooperation between the State and organizations of persons with disabilities. Belarus had created all the necessary legal frameworks for the implementation of the Convention. Measures implemented thus far were just the start of the State’s efforts, which aimed to improve the inclusion and employment of persons with disabilities and promote their access to assistive technologies. Belarus planned to create a fair and equal society based on the provisions of the Convention.
MUHANNAD SALAH AL-AZZEH, Committee Expert and Member of the Country Taskforce for Belarus, thanked the delegation for the interactive and constructive dialogue and for the intentions they had expressed regarding better implementation of the Convention. The Committee deeply regretted that there was a lack of representation of organizations of persons with disabilities in the dialogue and in the reporting process. There were concerns of serious restrictions on the disability rights movement in Belarus. Doctors’ and authorities’ ability to decide for persons with disabilities in areas such as health, education and legal capacity ran contrary to the Convention. The Committee hoped that the dialogue would give the State party the opportunity to assess disability rights from a different angle, and encourage it to fully implement the Convention and allow organizations of persons with disabilities to participate in decision-making processes.
GERTRUDE OFORIWA FEFOAME, Committee Chair, said the Committee thanked the State party for the dialogue and its efforts to implement the Convention. It called on the State party to not permit reprisals against persons and organizations that had cooperated with the Committee, and to implement the Committee’s concluding observations, which would help to enhance the quality of life of all persons with disabilities in the State party.
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CRPD24.015E