Human Rights of Persons with disabilities
The rights of persons with disabilities to equality and inclusion are now recognised at the international level, in particular thanks to the 2006 UN Convention on the Rights of Persons with Disabilities. This human rights based approach to disability requires a complete break with traditional attitudes marked by an often well-meaning but misguided condescension towards persons with disabilities. Accordingly, past policies focusing only on institutional care, medical rehabilitation and welfare benefits must be overhauled. Instead, states must fulfil their obligation to remove the barriers that hinder persons with disabilities from taking control of their lives and becoming active citizens contributing to our societies.
Unfortunately, progress has been slow and the estimated 80 million Europeans living with disabilities are still discriminated everywhere and in many fields of life. Children with disabilities are denied their educational rights because schools are not equipped to meet their needs. Job opportunities are limited due to discriminatory practices and inaccessible workplaces, making people dependent on social benefits. Flawed systems of guardianship prevent people from taking decisions affecting their lives. Several Council of Europe member states still hesitate to close down residential institutions and develop community-based services for persons with disabilities arguing that institutional care is necessary for persons with multiple or "profound" disabilities.
The Commissioner regularly raises this topic with authorities in member states, and has expressed her concerns about these persistent problems in country monitoring reports. Through specific thematic publications, such as the issue papers on legal capacity and the right to live in the community, she also seeks to raise awareness about the extent of the states' obligations and to contribute to the process of policy change.
- Positions on combating school segregation through inclusive education (2017)
available in: Albanian | Bosnian | Croatian | French
- Observations submitted to the European Court of Human Rights in the case of María del Mar Caamaño Valle case v. Spain (Application No. 43564/17) and press release.
- Observations submitted to the European Court of Human Rights in the case of Ştefan-Moshe Stoian and Luminiţa Stoian v. Romania (Application No. 289/14) and the press release.
- Observations submitted to the European Court of Human Rights in the case of The Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania (Application No. 47848/08) and press release.
- Comments by the Council of Europe Commissioner for Human Rights
on the draft Additional Protocol to the Convention on Human Rights and Biomedicine
concerning the Protection of Human Rights and Dignity of Persons with Mental Disorder
with regard to Involuntary Placement and Involuntary Treatment (8 November 2018) - Comments by the Council of Europe Commissioner for Human Rights on the “Working document concerning the protection of human rights and dignity of persons with mental disorder with regard to involuntary placement and involuntary treatment” (9 November 2015)
- Breakthrough necessary to ensure the equality and dignity of Roma people and people with disabilities in the Czech Republic
- Addressing the rights of women with disabilities in Europe: observations and perspectives
- The Commissioner publishes her memorandum on the human rights consequences of the war in Ukraine
- Romania: the appointment of the new leadership of the CRPD Monitoring Council should be an opportunity to strengthen the protection of the rights of persons with disabilities
- The Republic of Moldova should ratify the Istanbul Convention, improve its response to hate speech and advance access to quality healthcare, affordable housing and social inclusion for all
- Romania should improve the implementation of laws and ensure funding to effectively protect the rights of persons with disabilities and protect women from violence