Brasil apresenta situação das pessoas com deficiência à ONU
Nesta terça(25) e quarta-feira(26), acontece na ONU, em Genebra, a Revisão do Brasil diante do Comitê dos Direitos das pessoas com Deficiência da ONU com relação à implementação da Convenção sobre os Direitos das Pessoas com Deficiência.
A sessão será transmitida por webcast na terça, a partir das 15h (10h da manhã no Brasil), e na quarta, a partir das 10h (5h da manhã no Brasil), no seguinte link http://www.treatybodywebcast.org/treaty-body-webcast-i-crpd14/
1st Joint Submission to the Committee on the Convention on the Rights of Persons with Disabilities: an overview from the Brazilian Civil Society
Associação Brasileira para Ação por Direitos das Pessoas com Autismo (Abraça)
Federação Brasileira das Associações de Síndrome de Down (FBASD)
Fraternidade Cristã de Pessoas com Deficiência do Brasil (FCD)
Inclusive, Inclusão e Cidadania
Rede Brasileira do Movimento de Vida Independente (Rede MVI-Brasil)
RIADIS – Rede Latinoamericana de Organizaçãoes Não-Governamentais de Pessoas com Deficiência e suas Famílias
Research and Organization in alphabetical order:
Stella Camlot Reicher
The Convention on the Rights of Persons with Disabilities (“CRPD”) was the first human rights treaty to be -ratified in Brazil with a constitutional amendment status. On May 27th, 2012, with a delay of almost two (02) years, the Brazilian government submitted to the CRPD Committee its initial report on the status of implementation of the treaty in the country. In 2015, almost a decade after the adoption of the CRPD by the UN General Assembly, we are happy to present this submission of the Brazilian civil society to the CRPD Committee. Although limited, this document intends to present an overview of the implementation of the treaty in Brazil.
The initial discussions around the civil society report took place in November 2010, even prior to the elaboration of the State Report, during a seminar held in Sao Paulo, “UN Convention – on the Rights of Persons with Disabilities: Advances, Challenges and Participation of Civil Society”, sponsored by Conectas Human Rights and Riadis – The Latin American Network of Non-Governmental Organizations of Persons with Disabilities and their Families.
Arising from this event, a Working Group made out of representatives from various regions of the country, members of organizations of persons with disabilities, human rights organizations, human rights lawyers and academics, was formed to compile and organize data, contributions and experiences shared by persons with disabilities and their families, DPOs and other stakeholders, to draft a Brazilian civil society report on the CRPD. The Working Group was also responsible for researching and collecting information whenever there were no contributions.
Along the process, members of the Working Group had the opportunity to participate in the CRPD Committee pre-session, through Skype, with the support of IDA (International Disability Alliance) proposing questions for the List of Issues to be addressed to the Brazilian government, focusing on national pledges that should be made public and discussed at international level.
Based on the List of Issues from the CRPD Committee and on the work of compilation and harmonization carried out by the Working Group, the report intends to identify the government’s performance regarding legislation, policies and/or strategies for promoting the rights of persons with disabilities and structural obstacles that prevent persons with disabilities to enjoy rights reaffirmed by the CRPD.
The document also intends to provide data on legislation, policies and/or strategies for promoting the rights of persons with disabilities, structural obstacles preventing them to enjoy the rights reaffirmed by the CRPD and to shed light on the main points of attention and problems that demand an urgent action from the government. Recommendations to the Brazilian government on each of the selected articles are presented as well.
We expect this report to be used as a source of valid and relevant information, and a tool to foster solutions and perspectives for the full exercise of citizenship by all persons with disabilities in Brazil. Nothing about us, without us!
Purpose and general obligations (arts. 1 to 4)
In the Legislative Branch there is a Joint Parliamentary Desk for the Defense of the Rights of Persons with Disabilities, composed of Members of the House of Representatives and Senators, which monitors policies and actions towards the implementation of the rights of persons with disabilities, among other activities. In the House of Representatives, a Permanent Commission on the Rights of Persons with Disabilities was established in 2015. However, the attitude of the Legislative Power in general is not enough to foster cross-sectoral plans, policies and programs towards the implementation of the CRPD.
Furthermore, there are limited opportunities for DPO´s to get involved in the legislative procedure, at least formally speaking. The lack of representation of persons with disabilities and their families within the parliament certainly contributes to this fact. Public consultations preceding the elaboration of laws affecting persons with disabilities are still not a common procedure in Brazil. A good example that should be repeated was a Public Hearing held in the Congress in 2012, to discuss the issue of legal capacity and the CRPD.
Not much has been done to include the human rights approach to disability when laws are drafted by the Congress. The few ongoing initiatives engaging efforts and the participation of persons with disabilities, their families and DPO´s are usually promoted by civil society itself.
When it comes to the review of domestic legislation, after more than a decade of discussions in the Congress, the Brazilian Inclusion Law (Bill n. 7,699/2006, or Statute of Persons with Disabilities and now Law n. 13,146, of July 6th, 2015), has been approved by the House of Representatives and the Senate, and has finally been confirmed by the President. Although the Law itself can be seen as a positive step, efforts have been done to allow its content to be more consistent with the CRPD principles and guidelines, since some of the provisions did not comply with it. For example, according to the new Law, disability is still defined according to the medical model. Moreover, although the Law provides for the criminal classification of discrimination based on disability, its content is incomplete, especially because it does not include any reference to reasonable accommodation, in accordance with article 5 of the CRPD.
When it comes to mechanisms at the federal, state and municipal level to consult with DPO´s in designing and adopting legislation and policies aimed at implementing the Convention, the National Conference on the Rights of Persons with Disabilities is a deliberative and participative space where DPO´s, persons with disabilities and their families can debate and deliberate about guidelines for the formulation of national public policies. The discussions taking place during the National Conference are a result of proposals agreed during the Municipal and State conferences, which are promoted by the correspondent Councils on the Rights of Persons with Disabilities. Because the National Conference is an initiative of the Executive Branch, it is usually thematic, it is called by Ministries and departments and has equal participation of government and civil society representatives.
As approved by Conade – the National Council on the Rights of Persons with Disabilities, mainstreaming a transversal approach in the implementation of policies for persons with disabilities will be the main focus of the IV National Conference on the Rights of Persons with Disabilities, that will take place in May 2016 and it will be addressed according to the three areas: “race and gender identities, sexual diversity and generational diversity”.
Considering the urgent need to address intersectional discrimination, the thematic of the next Conference was very welcomed by the Brazilian civil society.
Finally, regarding the rights of indigenous and afro-descendants with disabilities, not much progress has been achieved.
The Bill n. 1,057/2007 deals with harmful traditional practices and provides with protection of fundamental rights of indigenous children and those belonging to other non-traditional communities. According to this legislation, the homicide of newborns when they have physical and/or mental disabilities, when there is gender preference or when they have some sign or birthmark that distinguishes them from the others is considered a harmful traditional practice against life and to physical and mental integrity. Although in the beginning of 2015 another representative called for a vote on this Bill, until now it did not pass the legislative procedure in our Congress.
- Conduct close consultations and actively engage people with disabilities, including children with disabilities, through their representative organizations, when it comes to the development of legislation and policies to implement the Convention, and in other decision-making processes, through clearly established procedures.
- Support and contribute through its Ministries and an increased allocation of resources, to the work of the National Secretariat on the Rights of Persons with Disabilities – the Brazilian focal point for the implementation of the Convention.
- Strengthen spaces for inter-sectorial dialogue, such as but not limited to the National Conference, where persons with disabilities, their families and DPOs can, side by side with government representatives, participate in the process of prioritizing and defining plans, programs and policies for the realization of the rights and guarantees upheld by the Convention.
- Improve the legal system in general, and especially the new Brazilian Inclusion Law, to establish a concept of person disability based on the social model of disability.
Equality and non-discrimination (art. 5)
An interesting legal proceeding was filed by a psychologist, who is a blind person, against publishers, in order to have ensured his right to access any content available in the editorial Brazilian market in an accessible format (PDF), upon payment of the regular price and eventual additional costs. The case addressed the right of a person with disability to be recognized as a consumer like any other person without disability, and therefore, to be able to buy the desired books instead of simply accepting the ones donated by a charity organization.
Although requested to provide opinion, the Public Ministry understood that there was not public interest involved in the case, and therefore, did not say anything. The judicial order did not recognize his rights. An appeal was filed against the decision and an oral defense was presented by a lawyer before the Judicial Court of São Paulo, that lead to the review of the case and the unprecedented decision of the Court to recognize the petitioner’s rights. As per the Court’s decision, publishers must provide books in an accessible format upon payment of the regular price, within 30 days of the request presented by the petitioner, subject to a fine corresponding to 1/3 of the books price in case of delay. 
Law 7,853/1989 ‘sets out provisions regarding support for disabled persons, their social integration, the national coordinator for the integration of disabled persons (“Coordenadoria nacional para a Integração da Pessoa Portadora de Deficiência – CORDE”) [and] establishes the legal protection of the collective and broader interests of these persons, disciplines the actions of the Public Prosecutor, defines crimes and sets out other provisions’.
According to this law, the idea of segregation as a form of discrimination was only addressed connected to specific practices, but it was not explicitly and clearly considered discrimination.
As per article 8, some discriminatory practices were considered to be a crime, being therefore punishable with imprisonment 1 to 4 years, and fine, such as
– to refuse, suspend, put off, cancel or terminate, without just cause, the enrolment of a pupil in an educational institution of any course or level, public or private, for any reason deriving from his/her disability;
– to prevent, without just cause, someone’s access to a public office position, based on the disability;
– to deny to someone employment or work, without just cause, for reasons deriving from his/her disability;
– to refuse, delay or hinder the hospitalization or not to provide medical-hospital and outpatient care, where possible, to persons with disabilities;
– failure to comply, delay or frustrate without just cause, the execution of a court order issued within a civil action referred to in this Act; and
– refusal, delay or omission of technical data necessary for the filing of a civil action, under this Law, when requested by the Public Ministry.
Besides identifying specific discriminatory practices as criminal offenses, the Brazilian Inclusion Law (Law n. 13,146/2015), made some progress by recognizing the general discrimination of persons with disabilities as a criminal offense. Notwithstanding the steps taken by the LBI, neither in this legislation nor in other national laws are there provisions recognizing the denial of reasonable accommodation as a form of discrimination based on disability.
- Urgently adopt and enforce new legislation that contemplates explicitly the notion of discrimination on the basis of disability in a cross-cutting manner concerning all rights, including intersectional discrimination, denial of reasonable accommodation as a form of discrimination and the obligation to provide appropriate remedies for victims of discrimination.
- Promote training and capacity building for members of the Judicial Branch and the Public Ministry to raise awareness on the rights of persons with disabilities. Call judges, prosecutors and other legal actors to duly take into consideration CRPD provisions when dealing with cases involving the rights of persons with disabilities, especially considering that the treaty has been incorporated into domestic law with Constitutional status.
- Take all the necessary measures in order to amend existing legislation to recognize the denial of reasonable accommodation as a form of discrimination based on disability, and therefore, as a crime subject to the correspondent punishment.
Women with disabilities (art. 6)
Despite the existence of a National Secretariat for Women, that received the status of a Ministry, girls and women with disabilities are still strongly under-represented and/or excluded from the national agenda, including in this very Ministry.
Women with disabilities are mentioned only once in the II CNDM (II National Plan of Policies for Women), together with other vulnerable groups, regarding the right to education. Civil society organizations have not yet seen measures to address the specific problems of this population.
In 2013, a seminar on women with disabilities was organized by the Secretary of Policies for Women, but the resolutions that came out have not been implemented. Besides that, we have no information about other initiatives addressing the low representation of women with disabilities in society.
The Government is failing in its obligation to actively consult with and involve women and girls with disabilities, and their representative organizations in the development of legislation, policies and other decision-making processes. Overall, no measures are being taken to address the low representation of women with disabilities in society.
Violence is one of the most crucial problems faced by women and girls with disabilities in Brazil. The country has around 5,570 municipalities and there is still a lack of available infrastructure to support women and girls who are victims of violence in the country. Article 44 of the Maria da Penha Law (about domestic violence) determines that when violence is committed against women with disabilities, the judicial sanction should be increased by one third. However, there is no clear information that points to the actual use of such judicial sanction and to the existence of victim support services accessible to women and girls with disabilities.
Women with disabilities have difficulty denouncing crimes when they are the victims, being a witness in court and obtaining legal aid. They suffer institutional violence, as they do not have accessible means to make reports. Public awareness raising campaigns against violence and abuse are not carried out in accessible formats and neither are there specific awareness raising actions targeting women and girls with disabilities.
Lack of credibility – prevented from exercising their legal capacity, women and girls with disabilities are discredited, both socially and judicially, from making complaints, denouncing perpetrators and pursuing their own defense of their rights. In many cases they are not understood at police stations and their statements are disregarded because of a lack of credibility. Considered to be of “unsound mind” before the law and society, they are rendered legally incapable of speaking for themselves and their testimony commonly does not reach the police or is simply dismissed by police, allowing perpetrators to go unpunished.
They are more prone to violence because they are afraid to report to the police – and because they fail to report, they are even more prone to violence. Most of the times their aggressors are family members, carers, or known relations. Brazilian DPOs do not know of any cases brought by a guardian on behalf of a woman or girl with disabilities alleging abuse, violence or exploitation. There have also been cases of violence inside police stations and prisons.
Vulnerability – Women and girls with intellectual and/or mental disabilities under guardianship are more vulnerable to exploitation, violence and abuse. There is a fear among many families of persons with disabilities, common to mothers of persons with autism, intellectual and psychosocial disabilities, that their children will be abused or be subject to sexual violence in institutional settings, since many do not use verbal communication, and can be more susceptible to this type of violence. There have been several examples of news stories portraying cases of violence against women and girls with disabilities in various states of Brazil in recent years.
It is a frequent occurrence among that population that the justice system places them in long-term institutions where they end up being deprived of their liberty, sometimes perpetually, when in fact they were the victims. Moreover, women and girls with disabilities in general, and in particular with intellectual disabilities, do not receive sexual education nor are prepared to recognize and act when they are victims of sexual abuse, physical and psychological violence. They are also at greater risk of sexually transmitted diseases and unwanted pregnancy.
FENEIS also calls attention to the situation of deaf girls who live in isolation within their own family and with little or no interaction with the community. Due to social stigma, many families admit they feel shame of having a child with a disability, and prefer to keep their child hidden from the community. In some cases, they are prohibited from meeting and interacting with others thereby obstructing their right to personal development and right to establish and maintain relations with other human beings and the outside world. The same situation is reported by organizations of people with intellectual disabilities and autism.
Although there are no statistics or documents reporting these cases, there are unwritten reports/accounts from deaf people and people with intellectual disabilities and autism, family members and professionals who say that these situations mainly occur in the countryside, and are also common for other disability groups. In order to combat these practices, the government must increase efforts to carry out awareness raising campaigns to combat the negative stereotypes of persons with disabilities, and in particular women and girls with disabilities, and promote a positive image which acknowledges their place in, and positive contribution to society.
- Adopt a twin track approach to women with disabilities to ensure that they are specifically targeted, consulted and involved in initiatives, law and policy making concerning women and girls generally as well as persons with disabilities.
- Collect data systematically disaggregated by not only by gender and age, but also disability, geographical location, etc across all sectors including violence against women and girls and promote public awareness campaigns about violence against women and girls with disabilities.
- Provide mandatory trainings to law enforcement agents and police staff as well as the justice system employees about women and girls with disabilities and educating them on how to work with this population.
- Promote sexual education and violence prevention materials, in all accessible formats, and workshops for women and girls with disabilities in inclusive and exclusive settings.
- Actively involve women and girls with disabilities, and their representative organizations in the development of legislation, policies and other decision-making processes.
Children with Disabilities (art. 7)
Civil society organizations in Brazil complain that current training and capacity building programs for the conselhos tutelares, local councils that are suppose to defend the best interest of children do not include disability as a subject of interest. Members are virtually unaware of most common risks of violations committed against children with disabilities, such as domestic violence, sexual abuse, home captivity and schooling deprivation. Further, there is no basic training on Brazilian Sign Language (LIBRAS) or easy to understand language for council members to be able to communicate with deaf children and/or deaf parents or with intellectual disabilities.
Children with disabilities in Brazil are not supported to express their views, nor heard by authorities- courts etc. They are not y consulted for design and drafting of laws, programmes.
Regarding data on violations, the government new database for children’s rights violations SIPIA-CT (Information System for the childhood and adolescence – Conselhos Tutelares) has been set up with disaggregation on just three criteria – geography (Brazilian state), rights violated (sexual, physical integrity etc.), and violator agent (parents, school etc.). Therefore, there are no available disaggregated data on rights violations perpetrated against children with disabilities. It is hence impossible to quantify how cases concerning children with disabilities have been reported.
Additional information about about children’s rights violations:
- Develop and implement a mechanism to ensure the rights of children and young persons with disabilities to express their views in major policy decisions affecting them.
- Adopt a twin track approach by mainstreaming the rights of children with disability across all programs, projects and events in Brazil, and allocate the necessary budget to also take specific measures for support for their participation in the community on an equal basis with others.
- Take steps to develop quality support services to families of children with disabilities in both urban and rural areas as well as make available sufficient financial support and benefits for families to care for their disabled child; and ensure the availability and effective dissemination of information to parents about services and benefits. Ensure support, information and advice, and training courses for parents and care-givers of children with disability so they are equipped to facilitate children’s participation in the community and assistance to express their views and to be consulted.
- Institute by law or federal policy a mandatory curricula for trainings of conselheiros tutelares that include awareness of the rights of children with disabilities and common violations committed against them, and tools for identifying those.
- Advance the teaching of LIBRAS (Brazilian Sign Language) and easy to understand language among civil servants, particularly among tutelage council members.
Awareness-Raising (art. 8)
The Brazilian government has done very little on raising awareness throughout society and promoting the rights and dignity of persons with disabilities since the ratification of the CRPD.
Despite reiterated pledges by civil society, to date, no public campaign has been organized to make CRPD known among Brazilians with disabilities, government agents, the judiciary system and society in general.
The education system has been receiving children with disabilities but school communities are still resistant and continue to argue that they are not prepared to receive these students properly. Schools should create a positive and welcoming environment that values diversity and all human beings. If properly educated, these communities will play an important role as promoters of inclusion in the next generations.
Mainstreaming disability in media is a straightforward way of inducing the promotion of inclusion of persons with disabilities at all levels and every sphere. Brazil has had some important experiences with TV soap operas being used in consultation with NGOs, to promote inclusion through characters with disabilities.
Simple and inexpensive measures, that depend mostly on coordination and articulation, could be taken to promote the enrichment of culture and the development of more positive social and cultural values, beliefs, attitudes and perceptions towards persons with disabilities, through all Media Forms and in all Media and Related Sectors.
- Promote a widespread campaign to disseminate CRPD and Brazilian Inclusion Law (Law n. 13.146/2015) in mass Media and other forms, to educate persons with disabilities, government agents, the judiciary system operators and the population and train public agents in order to properly provide services to persons with all kinds of disabilities.
- Take steps to conduct accessible training and awareness-raising programmes targeted to different stakeholders including the public and private sector, general public and in particular persons with disabilities (including children and women with disabilities and persons with disabilities living in rural regions, older persons with disabilities, refugees and migrants with disabilities) about their rights to eliminate the charity/medical discourse and to promote a human rights based approach to disability, including via the media such as TV, newspaper, film and other media.
- Review text books to eliminate any derogatory images or language about persons with disabilities. Incorporate characters and images of persons with disabilities in school and literature books, in a cross-cutting, positive way and promote, within the toy and games industry, the creation of dolls with disabilities and games that promote inclusion, and ensure their availability and use in schools and libraries.
- Promote an increase in the direct participation of persons with disabilities in all government Media Forms (TV, news, ads…), in an inclusive way and encourage the private sector to do the same, refraining from portrayals that are likely to unfairly define people with disability by reference to medical or disability labels or contribute to the perpetuation of myths, stereotypes and prejudices. Establish prizes, awards or other forms of public incentives for Media and Relevant Entities, including for works in the areas of journalism, advertising, film and television, literary works, photographic or visual works and works in any other relevant areas;
- Ensure that the above measures are undertaken in all accessible forms, according to Article 9 of the CRPD.
Accessibility (art. 9)
The lack of accessibility, both physical and communicational, has been a hard barrier to overcome in Brazil. Although legislation has existed since 2000, for example, Bill n. 10.098, of December 19th, provides for general rules and criteria for promoting accessibility to persons with disabilities and reduced mobility, and Decree 5,296/2004, which regulates such Bill, there is still much to do for persons with disabilities to exercise their right to access to the physical environment, to transportation, to information and communications, on an equal basis with others.
Although the deadline for adaptation of public transportation expired in 2010, many companies have still not complied with the rules. Notably, interstate buses are hardly ever accessible. Also, in many city buses, the elevators for wheelchair users do not work, or the drivers were not instructed to operate the equipment. In those cases, sometimes the bus passengers carry the wheelchair up the vehicle. This situation is not only indignant. There have been reports of women who are touched in private parts when carried up buses and ladders. Often buses in large cities accelerate instead of stopping on bus stops when they see a person with physical disability.
The government has done an effort to make airports accessible, but bus, subway, train and ferry stations still have many barriers. In airports, the provision of ambulift is not enough for the number of passengers that needs them. Because of that, there are constant delays to embark wheelchair users and passengers waiting to take off get upset, complain and harass the person with disability. There a only a few accessible taxis available in big cities.
Public buildings should all have been accessible in 2009. Up to now, not all of them are adapted. Bank of Brasil, Caixa Economica, INSS (social security) agencies and Correios (mail agencies), are good practice examples. Another good practice was the committee of employees with disabilities or who have children with disabilities, created by the Ministry of Foreign Affairs, that is working to provide accessibility and inclusion for employees and the general public within the Ministry and in the Embassies, Consulates and Missions abroad. Buildings and shops entrance can have ramps that are not in accordance with the norm 9050, restricting the entrance of the person or even causing accidents.
Again, due to the lack of enforcement, drivers without disabilities insists in parking their cars in parking spaces reserved for persons with disabilities. Because of the government’s failure to punish those who do that, activists are taking their own measures to inhibit wrongful parking (see below). Accessibility for blind people like tactile flooring is practically inexistent.
The new houses that are being built are getting smaller and smaller. Because of that, wheelchair users cannot pass through doors nor use bathrooms. Builders and people purchasing houses and apartments disregard the fact that they should have regard to accessibility standards when conceiving building: all units being built must be accessible in their conception and not require further adaptations to make them accessible.
Regarding communication accessibility, there are some good practices. The Federal government created 23 Libras Centres (Brazilian Sign Language), to assist deaf persons to access public services. Nonetheless, many more centres are needed to cover the deaf population. Audiodescription for blind persons is being gradually enforced (see art. 30).
Nonetheless, easy to read literature and trained public agents in Brazilian Sign Language and easy communication are rare. Although some public websites comply with minimum accessibility standards for blind internet users, Brazilian Sign Language and Easy to read language are still not used in Brazilian websites (notwithstanding the fact that the Brazilian Sign Language was recognized as an official language through Law n. 10.436, of April 24th, 2002). There are several examples of news stories about accessibility in various states of Brazil in recent years.
- Take immediate steps to adopt an accessibility plan anchored in the law which covers all facets of accessibility including, physical, environmental, information and communications to eliminate all existing barriers within a reasonable timeframe with an emphasis on rural zones across the country and ensure adequate budget allocation for compliance by public services and the definition of a set timeframe with intermediate benchmarks to allow for the monitoring of progress, in close cooperation with DPOs. Enforce monitoring and sanctions against those who infringe accessibility standards, including when it comes to compliance with accessibility Technical Norms, such as NBR 9050.
- Ensure, through tougher legislation and implementation, that municipalities and Architectural and Engineering Boards only issue licenses for new buildings and reforms when accessibility criteria is met and include accessibility as a subject in architecture and engineering courses at universities, as well as building technical courses.
- Prioritize accessibility of schools and public buildings, bus, train, subway and ferry stations, airports and surroundings. Establish and publicize a schedule for the population and DPOs to follow.
- Promote the offer of accessible taxis by establishing a 10 percent minimum of accessible cars in taxi company’s fleets.
- Take measures to support the training of professional sign language interpreters in consultation with deaf persons’ organisations and allocate resources to fund sign language interpreter services. Create awareness campaigns reinforcing the notion that accessibility benefits the whole society and that one day everybody will need it.
Equal Recognition Before the Law (art. 12)
In Brazil, persons with disabilities still have limits imposed to the full exercise of their legal capacity – herein understood as the ability not only to have, but also to exercise such rights. The Brazilian Civil legislation provides for the possibility of full or partial limitation on the exercise of legal capacity through a procedure called interdiction, which, based on the medical model of disability, puts persons with disabilities under the guardianship of a third party.
The general perception is that very often persons with intellectual disabilities can be completely deprived of their civil and political rights.
The Brazilian Inclusion Law entails a positive step by providing for an amendment to the Civil Code, in order to introduce a system of supported decision-making. However, according to the PL, before ruling on the request for Supported Decision-Making, the judge, assisted by a multidisciplinary team and after hearing the Public Ministry, will personally hear the applicant and the persons who shall be the ones to support him.
Although different interpretations might arise about it, even allowing for the person with disability to request the termination of the agreement defining the support, the definition of the terms of the supported decision-making is still a procedure that takes place within the Judiciary and by a judge entailing in addition an unequal treatment compared to others. Moreover, Law 13,146/2015) still allows for the partial interdiction, or the limitation of the legal capacity through partial guardianship when it comes to negotiable and patrimonial affairs.
Although Law 13,146/2015 provides for a system of supported decision-making was included, such procedure still takes place before a judge. Such measure would definitely contradict CRPD provisions and would represent a backlash which is unacceptable when it comes to human rights in general and more specifically, to the rights of persons with disabilities.
- Intervene in order to make sure that Law 13,146/2015 is fully compliant with the CRPD and establish, within the judicial system, routines of periodic reviews of court orders determining guardianships and applied safeguards.
- Promote campaigns and capacity building events to the Judiciary Branch and the Public Ministry, including to civil servants in local municipalities which are applying the laws, to advance their understanding about the right to equal recognition before the law of persons with disabilities as well as about the supported decision-making process.
Access to Justice (art. 13)
Although there has been improvement regarding access to justice for the low-income population in Brazil, due to the progressive expansion of the public defenders offices around the country and the fact that some states have also established specific bodies to deal with disability demands, accessibility for the plaintiffs with disabilities to courthouses, courtrooms and regarding communication is still very problematic.
Persons under guardianship have their legal capacity totally or partially restrained, and, therefore, cannot fully exercise by themselves their right to access to justice.
The judicial staff is still not prepared to communicate in Sign Language, there are no materials in accessible formats, simplified language or alternative means of communication. Prison facilities are still not accessible to persons with disabilities. Access to justice ensured through the guarantee of accessible facilities and services was demanded from courts all over the country, by the National Council of Justice (CNJ) through Recommendation n. 27, of December 16th, 2009.
In the same direction, the National Council of the Public Ministry (CNMP) issued Resolution n. 81, of January 31st, 2012, requiring Union and States´ prosecution offices to ensure that any construction, renovation and expansion of its buildings should be made accessible to persons with disabilities and reduced mobility. Their websites should also be made accessible in order to allow access to information. Moreover, as an initiative from the Prosecutor´s Council, since 2012 prosecution members and servants have been trained regarding the rights of persons with disabilities, through a campaign called All Together for a More Accessible Brazil. 
- Promote awareness-raising initiatives to widespread within the Judiciary Branch and the Public Ministry the CRPD, its principles and rights.
- Take immediate measures to ensure that all persons with disabilities can access justice across Brazil, regardless of their legal capacity status, including providing accessible information and legal aid and assistance, as well as informational and communicational accessibility through age and disability related accommodations, including professional sign language interpreters for deaf persons participating in court proceedings, and physical accessibility to premises of courts.
- Take immediate steps with the active participation of DPOs to conduct training and raise the level of awareness among judges, lawyers, court personnel, employees of law enforcement, police and other government institutions regarding the rights of persons with disabilities in accessing justice including the obligation to provide reasonable accommodation.
Liberty and security of the person (art. 14)
Law n. 10,216, of April 6, 2001 was the one in charge of the psychiatric reform that took place in Brazil more than a decade ago. This Law provides for the protection of the rights of persons with psychosocial “disorders”.
According to this Law, for the protection of physical and mental integrity, treatments should use the least intrusive means possible; community based treatments should be prioritized; patients should be treated humanely and protected from forms of abuse and exploitation. When it comes to consent, patients should receive the most information possible about their situation and ensured its secrecy and also have the right to the presence of a doctor to clarify the need or not of involuntary hospitalization (Articles 2 and 4).
Despite these guarantees, complaints are common about the precariousness of facilities, physical and psychological deprivations and excesses in dealing with patients.
Furthermore, admissions are carried out upon the request of third parties, including bodies connected to the State health and assistance structure, even when the person has legal capacity. Families are not always previously consulted, and admissions are not communicated to the Public Ministry within 72 hours, as predicted by law. Many users of the public system have their treatment restricted to pharmacotherapy. Finally, the lack of use of the International Classification of Functioning, Disability and Health (ICF), nor basic knowledge about it, prevents a psychosocial approach to disability.
When it comes to persons with disabilities who have been deprived of liberty in the context of criminal proceedings, as per article 26 of the Brazilian Criminal Code, the person that, by “mental illness or mental incomplete or retarded development”, was, at the time of the action or omission, entirely incapable of understanding the illicit character of the fact or of determining himself according to that understanding“ is exempt of penalty. The law also states that the penalty may be reduced from one to two thirds if the person, because of mental health disturbance or by incomplete mental development or retardation was not entirely capable of understanding the illicit character of the act or determining it himself, according to that understanding.
In such cases, according to article 97, if the person is not criminally liable, the judge will determine his admission (art. 26). However, if the act foreseen as a crime is punishable with detention, the judge may submit him to ambulatory treatment.
Nevertheless, the admission or ambulatory treatment is set for an undetermined period of time, persisting while it is not ascertained through a medical report that the situation requiring the admission has already terminated. The minimum term of admission should be of 1 (a) to 3 (three) years.
The medical report will be carried out at the end of the minimum term set and should be repeated every year, or at any time, if determined by the judge of the execution. The liberation of the person will be always conditional, being re-established if, before the course of 1 (one) year, he performs acts indicating the persistence of his hazard level. Finally, according to the law in force, in any phase of the ambulatory treatment, the judge may determine the admission of the person, if such measure is necessary for curative ends. Regarding reasonable accommodation, the Criminal Code and the Procedural Criminal Code in force still do not provide for reasonable accommodation in detention or criminal court proceedings.
- Adopt measures in order to reform criminal procedures and prosecution, especially by eliminating security measures, through which detainees and sentenced individuals who are persons with intellectual and/or mental disabilities are segregated and institutionalized in custody hospitals for an undetermined period of time.
Freedom from violence and abuse (art. 16)
In general, research and studies in the governmental sphere on violence do not envisage disaggregated data on disability. The Government has been failing to identify and collect data about the issue, thus neglecting to formulate policies which effectively provide protection to men and boys with disabilities, but more especially, to women and girls with disabilities.
An example is the Dial for Human Rights Report (Module on Children and Adolescents), published in 2011 within the National Program to Confront Sexual Violence Against Children and Adolescents (by the National Secretary for the Promotion of Rights of Children and Adolescents, together with the Secretary of Human Rights and the President of the Republic).
According to the report, from May 2003, when the Dial for Human Rights service began to operate, to August 2011, 2,937,394 persons were treated and 195,932 denunciations were received and processed, coming from all parts of the country.
Item 4.1 of the report address the issue of sexual violence and the distribution of victims in percentages by sex and type of violence that occurred (Sexual Exploitation, Trafficking of Children and Adolescents, Sexual Abuse and Pornography).
In all types of sexual violence presented female victims were much more common, reaching 80% in situations of sexual exploitation. Although this is a tool that reveals interesting data on violations of human rights, the referred report did not contain information that allows us to infer anything about the situation of violence and sexual abuse confronted by women and girls with disabilities (http://portal.mj.gov.br/sedh/spdca/T/RELATORIO%202011%20_agosto_.pdf).
Yet, it is widely known that women and girls with disabilities are routinely subjected to violence, abuse and exploitation, which remain unaddressed in statistics, by diagnostic tools and government policies. Reliable data is rare, but the few studies that do exist show that approximately 40% of Brazilian women with disabilities have suffered some form of violence. One study from the Brazilian Association of Postgraduates in Collective Health – ABRASCO found that from 53 young women that had been sexually assaulted, six had disabilities. Not one of these reported the abuse.
Further, it is observed that there is not enough dialogue or combined efforts from the various ministries to seek and coordinate data about violence against women and girls with disabilities, notwithstanding the fact that it is widely known that women and girls with disabilities are routinely subjected to violence, abuse and exploitation.
There is a lack of available infrastructure to support women and girls who are victims of violence in the country and there is no information pointing out to the existence of victim support services accessible to women and girls with disabilities.
- Take immediate measures, in close cooperation with children and women with disabilities and their representative organisations, to ensure that both services (including shelters) and information for victims are made accessible taking into account age and disability appropriate accommodations, and strengthening sanctions for perpetrators and remedies for victims.
- Take immediate measures, in close cooperation with children and women with disabilities and their representative organisations, to collect data on violence against persons with disabilities, and especially, girls and women with disabilities, to address the heightened risk for girls and women with disabilities of becoming victims of domestic violence and abuse, to promote public awareness campaigns about violence against women with disabilities, to determine that police reports should include specific fields to include data on disability, and to adopt urgent measures to ensure that available services and information for victims are made accessible to persons with disabilities, and especially to girls and women with disabilities.
- Take immediate measures to ensure accessibility to dial up services to allow deaf women and girls to denounce abuses and violence; physical accessibility in specialized police stations to provide support and protection to women and children, as well as to make available professional interpreters of Brazilian Sign Language, interpreter-guides and other support persons to allow women and girls with disabilities to fully exercise their right to access to justice.
- Involve women and girls with disabilities, and their representative organizations in the development of legislation, policies and other decision-making processes and raise awareness within law enforcement agents and police staff as well as the justice system employees about people with disabilities and train them on how to deal with this population.
Protecting the integrity of the person (art. 17)
Forced sterilisation is clearly prohibited by the CRPD and other human rights treaties to which Brazil is now subject to, such as the CEDAW and ICCPR.
According to the Federal Law n. 10,216, of April 06th, 2001, scientific researches for diagnoses or therapeutic purposes will not be able to to be carried out without the express consent of the patient, or of their legal representative, and without the duty communication to the respective profesional council and to the National Council of Health (Art. 11).
Although there are some government initiatives aimed at promoting sexual and reproductive rights, including in regard to persons with disabilities, girls and women with disabilities still do not have their physical and mental integrity fully respected.
As referred by FENEIS (National Federation of Education and Integration of the Deaf) on the unprecedented joint submission from Brazilian, Latin American and Global Non-Governmental Organizations to the CEDAW Committee, there are several cases of deaf women sterilized upon the request of their families, without their individualised consent, who only become aware of it years later. Such sterilizations take place without any judicial control. The same occurs to an unknown number of women with intellectual disabilities and autism.
According to the article 10, § 6º, of Law 9,263/1996, surgical sterilization of persons is authorised for persons considered absolutely incapable upon judicial authorization. Notice that according to the law in force, we could interpret that persons with disabilities that are considered relatively capable or that were subject to a partial interdiction can be subject to such procedures without judicial authorization.
In addition, permanent sterilizations have been determined by court order and without free and informed consent when it comes to persons lacking their legal capacity.
- Explicitly ban by law any kind of forced sterilization of persons with disabilities, including when consent or authorization is given by a guardian or judge and not by the person herself. In addition, recognize forced sterilization as criminal conduct, subject to specific measures of criminal punishment. Incorporate guarantees of accessibility and informed consent, since these are tools for the protection of the right to integrity.
- Raise awareness and promote technical training and capacity building to professionals working on the field of health and social services, in order to provide them with tools to deal with the issue of sterilization taking into consideration the provisions of the CRPD. Strengthen the involvement and participation of persons with disabilities, their families and organizations and opening space for dialogue involving experts in the fields of health, social welfare, law and other professionals who work with the issue of forced sterilization.
- Develop accessible campaigns in order to inform women and girls with disabilities of their rights, when it comes to the protection of their physical and mental integrity.
- Remove all the legal barriers related to the enjoyment of legal capacity, which contribute to the state of exclusion and double vulnerability experienced by women and girls with disabilities.
Living independently and living in the community (art. 19)
Despite the National Policy of Social Care, it has been observed that only very few shelters have these characteristics and are able to offer personalized support to persons with disabilities. Unfortunately, in practice, the policy of institutionalization and segregation still persists subjecting children and adults with disabilities to violations of their right to liberty, right to live in the community and several other human rights violations.
Brazil still has asylum similar institutions where persons with disabilities live away from the community, which violates our legislation and article 19 of CRPD. Another problem is that people with intellectual disabilities and autism are placed in institutions for the elderly and/or psychiatric hospitals, when their parents die, for instance. Even then, it is very difficult to find a place for people in this situation, and in most cases a court order is necessary to accommodate the individual in particular. The Plan Living without Limits brought a national program of inclusive residences (community based services), but the 74 units built so far are still too far to address the demand. The distribution of these 74 units in rural and urban areas, and also around the country, do not really comply with any specific criteria. It is important to ensure that inclusive residences ensure the basic rights and inclusion in the community.
On the other hand, there are a lack of state support to available to help families to raise children with disabilities in the family rather than sending them to institutions. Unfortunately, there is no policy to ensure Personal Assistant services and other support to provide, with autonomy, services at home when necessary, as required by article 19 CRPD. Instead of ensuring a minimum homecare support, the government is implementing the Day Living Centers (Centros-Dia) for adults with disabilities.
Until now only 12 Day Living Centers have been implanted. Although very welcomed by families that need a place for a person with disability to stay during the day, it reinforces a segregated perspective rather than inclusion in the community. The non-recognition of the will, preferences and individual freedom, as well as the absence of appropriate adjustments and support services based on the community, that are able to meet the needs of each individual, are issues that permeate the life and experience of many persons with disabilities in Brazil.
Further, institutionalization of persons with disabilities remains a reality and the government has not yet presented a timetable to abolish such institutions or to accommodate persons with disabilities that are currently in such institutions.
- Adopt and publicize a speedy timetable abolishing institutionalization of persons with disabilities alongside with suitable accommodation alternatives within the families or in independent life environments;
- Establish a comprehensive and nationwide Personal Assistant Services’ Policy and strive to make services available in the community to be accessible and inclusive for persons with disabilities.
Respect for home and the family (art. 23)
Young women and men with disabilities who lose their families have no place to go. The lucky ones, after great struggle, might get a place in psychiatric institutions or homes for the elderly that are totally unfit for their needs, but remain the sole alternatives, with extremely limited vacancies. Governmental Plan Living without Limits” promised to implement 200 inclusive residences for people with disabilities by 2014, but to date, only 74 were implemented – a ridiculous amount since Brazil has a population of almost 25 million people with disabilities.
Brazil also has a strategy to deinstitutionalize persons with “mental health conditions”. Therapeutic residential services are houses for persons with intellectual disabilities that remain in long stay psychiatric institutions being unable to return to their families. The National Policy of Social Care establishes that the Services of Institutional Shelters should offer shelter in different forms, destined to families and/or individuals with broken or fragile family ties. The treatment offered should be personalized and provided in small groups as well as favour family and community living.
When it comes to measures taken to enable persons with disabilities to form a family and to become parents on an equal basis with others, despite actions taken by the government to advance the right to sexual and reproductive health including for persons with disabilities, the results of these efforts have hardly impacted the reality for women with disabilities in Brazil. Social stigma, allied with the invisibility of women with disabilities in policies, the absence of comprehensive and effective awareness raising actions and the legal barriers imposed, perpetuate violations against the right to respect for home and family in Brazil.
Regarding adoption, the Statute of Children and Adolescents, as amended by Law n. 12,010 of August 03rd, 2009, establishes that the person willing to adopt must be more than eighteen (18) years old and should be at least 16 years older than the adopted person. After being 12 (twelve) years old, in order to be adopted the child must express his/her consent.
In general, information on sexual and reproductive health, when existing, is not widely made available in age-appropriate and accessible formats to women and girls with disabilities. There are almost no activities where persons with disabilities are depicted as a target population and where information is presented in an accessible way, such as through Brazilian sign language, plain language, captioning, or Braille, among others. Mostly, women and girls with disabilities are thereby denied access to general health and reproductive health services on an equal basis with others.
Brazilian legislation allows for the permanent sterilization without free and informed consent of persons who are considered legally incapable through a judicial order, i.e. individuals whose legal capacity have been removed or restricted through interdiction or guardianship. Further, the free manifestation of will of people with intellectual or psychosocial disabilities is not considered in family planning policies.
This practice, which violates article 16 and 15 of the CEDAW and articles 23, 25, and 12 of the CRPD, as well as amounting to ill-treatment, mainly affects women with intellectual and psychosocial disabilities who have been placed under guardianship.
Widely perceived as incapable of raising children, women with disabilities face challenges to exercising their parental authority and keeping custody of their children. FENEIS has observed that deaf women face lose custody of their children in around 40% of the cases to family members who allege that the deaf mother does not have the “capacity or structure” to take care of the child. Judges frequently defer to the “voice” of the family. The same seems to happen to women with intellectual disabilities and autism, at even higher rates, according to reports.
Patriarchal culture, still prevalent in Brazil, overburdens mothers of persons with disabilities who often take on the full task of raising the child with disability and aggravates the situation of exclusion, rejection and violence against persons with disabilities. Besides not offering efficient information about rights, as already mentioned, the Government does not provide adequate supportive services that are accessible, inclusive and available in the community to assist families that have children with disabilities, thus, mothers of children with disabilities end up having to leave their workplace or give up their personal lives due to the lack of state support. Cases of children with disabilities being abandoned and institutionalized due to the insufficiency of information or support services, as well as the barriers to access general services are also not rare.
Steps need to be taken to strengthen families, so that they can be conscious of and be trained to defend the rights of their children with disabilities as well as be prepared to support women with disabilities in the construction of a life with the maximum amount of autonomy and independence.
- Enact legislation which prohibits the child being separated from their parents on the basis of the disability of either the child or one or both of the parents.
- Take immediate steps to ensure that all non-consensual treatment, including that for which consent is given by a third party, is not permitted by law, and that non-consensual practices of inter alia forced abortions, forced contraception, and forced sterilisation are sanctioned in the law and that perpetrators are prosecuted.
- Adopt measures to ensure that all information, healthcare and services relating to sexual and reproductive health, both including physical treatment and psychological counselling, are made accessible to women and girls with disabilities, and that they are respectful of the dignity and integrity of women and girls with disabilities based on the free and informed consent of the individual concerned.
- Develop and deliver programmes of community based support services, including personal assistant services.
Education (art. 24)
Since the adoption of the National Policy on Special Education from the perspective of inclusive education, in 2008, Brazil has been expanding the access of children with disabilities to education in general, particularly to inclusive education. Each year, education access data shows a significant increase in number of “inclusive enrolments” and a constant reduction of special segregated classes.
With the National Policy of Inclusive Education, the operating rules of the Educational Service Specialized (AEE) was determined, by means of support for regular schools, instead of substitutive segregated education for persons with disabilities. It also has partially remedied a misinterpretation of article 208 of the Federal Constitution, which establishes the Specialized Educational Service as a right to be guaranteed preferably in the regular school. The term preferably, however, still have been used to justify the exclusion of persons with disabilities of regular school in many ways.
According to the Ministry of Education (MEC), in 2007, 654,606 students with disabilities were enrolled in Brazil, of which 54% (348,470) were in segregated classes or special schools. In 2014, 886,815 students with disabilities were enrolled in general, 79% (698,768) at regular classes and 21% (188,047) in special schools, as may be seen in the chart below provided by MEC:
It is therefore important to recognize the advances that came with the National Policy on Special Education from the perspective of Inclusive Education, which was built to be in line with the Convention on the Rights of Persons with Disabilities and allows more children with disabilities in general to be covered by public policy of education with a substantial reduction of student in segregated school environments.
Despite the efforts, in the vast majority of schools, what is being done is still not inclusive education compliant with CRPD. It is even more difficult for children with intellectual disabilities and autism to be included. Some resource rooms have been installed in public school, but not everything is being used and other materials are lacking, while there are still schools that are not accessible to students. No monitoring of inclusive schools or evaluation of the progress of the students is being made. The deaf community is also divided between inclusive schools and bilingual schools. Some DPOs were involved in the reform which permitted more inclusive education, devising policies, training of teachers, but they had to fight hard for it. Inclusive education is not a compulsory part of teacher education at university, or in service training for ALL teachers and not just special education teachers.
Moreover, we still don’t have numbers of exclusion in general, so persons with disabilities who do not participate in any type of education remain invisible.
One good practice to take these children and teenagers out of invisibility is the program BPC at school. Through the data of those with disabilities in very poor families, who get BPC (Continued Benefit Payment), the public agents actively search for children that are out of school, make an assessment of the families’ situation and provide the means for them to go to school.
In 2013, Brazil has expanded and strengthened the right to education in childhood with the amendment to the Law on Guidelines and Basis of Education (LDB) in 2013, ensuring compulsory education from 4 years old, since pre-school, to 17, towards elementary education and high school. Before the amendment, compulsory education began only at age of 7, and did not include pre-school.
However, data from MEC shows that there were far fewer children with disabilities assisted since 2008, when 93,297 students with disabilities were enrolled in early childhood education and, in 2014, only 61,374, which may indicate a lack of assistance. Also, 23% of the total enrolments of children with disabilities up to 5 years old in Brazil are done in segregated special schools, a particularly high number, considering the impact of exclusion in early childhood, as may be seen in the chart below:
Regarding enrolment in rural areas, 90,545 (98%) were in inclusive environment, according to MEC. The same percentage was registered for the education of indigenous population with 1,627 (98%) in regular classes and 38 (2%) in special classes. Quilombola students (descendants of afro-Brazilian slaves that live in communities called Quilombos), however, had 3,864 enrolments in regular classes (100% inclusion). It is important to highlight again that the data shows only the enrolments, and that there is no information available about the children totally excluded from school.
In many states of Brazil, the Federal Policy of Inclusive Education has faced barriers to advance, such as São Paulo, Minas Gerais, Paraná, among other. In these states, a segregated system of education for children with disabilities persists, using the understanding that Educational Service Specialized (AEE) could work as substitute of inclusive education, mainly because of political power from special schools and due to lack of awareness among the families about the benefits of inclusive education. In consequence, hundreds of millions of reais from the government’s budget that could be invested to qualify inclusive education are spent on the so-called special schools.
The recent approval of Goal 4 of the National Education Plan (PNE) has weakened the Inclusive Education Policy in favour of segregated education of children with disabilities in special schools based on the terms “preferably” and “substitutive” instead of “support to inclusion” understanding of the Educational Specialized Services (AEE). Based on PNE’s Goal 4, many states are creating new segregated schools or allowing that special schools that already had started to work to support inclusive education, in a different shift from regular school, go back to substitutive education in specialized schools, thus competing with inclusion.
Although the real progress noticed in access to regular public schools, it is important to highlight that families from all over Brazil have reported difficulties in obtaining required reasonable accommodation, as professional support in the school environment, despite legal provisions. There is almost no adapted materials for learning and no evaluation method to measure the students with disabilities’ progress.
On the other hand, private schools still systematically discriminate against children, denying enrolment and charging extra fees for accepting students with disabilities. The Brazilian State does not fulfil its role of supervising private schools in terms of inclusion and, despite General Obligations of CRPD, State Education Councils still approve the operation of schools even when they do not have minimum conditions of accessibility or deliberately discriminate against children with disabilities.
Again, when the families go to the Court, the word “preferably” in educational legislation becomes once more a motive to deny the right to inclusive education to persons with disabilities. Article 8 of Law 7,853/1989 outlaws discrimination against persons with disabilities in school. Although school exclusion is a reality, we do not have knowledge of convictions based on that legislation.
The number of students with disabilities has increased expressively in recent years, mainly because of affirmative actions, that reserve a quota of places in universities for minorities, including students with disabilities, and access to credit to pay for university tuition. On the other hand, many universities do not have physical accessibility to receive students, nor provide accessible learning materials, nor reasonable accommodation for the student’s needs. Mostly, they are left to fend for themselves or rely on the good will of their peers.
The lack of awareness on the rights of persons with disabilities makes all progress achieved fragile and ultimately, rights are not guaranteed. In this regard, many families do not recognize the rights of their children to inclusive education, and struggle politically against inclusion and the CRPD perspectives.
- Take steps to ensure obligatory training of all teachers (beyond special education teachers) on teaching children with disabilities, and to include inclusive education as an integral part of core teacher training curricula in universities to ensure that the values and principles of inclusive education are infused at the outset of teacher training and teaching careers. Include in all graduation courses, especially those related with teaching profession, disciplines on the rights person with disabilities, accessibility, respect to difference etc.
- Take steps to ensure the physical accessibility of schools and universities’ environments and provide reasonable accommodation needed for the students to learn and progress. Ensure that individual education plans are required for all students and the availability of assistive devices, accessible education materials and the provision support in classrooms. Encourage the teaching of sign language and deaf culture, including by reinforcing the level of professional training of sign language to teachers at all schools. Training should be created and implemented in collaboration with deaf persons’ organisation and led by deaf people who are native in Brazilian Sign Language.
- Take the necessary actions to ensure that early childhood education policy is fully inclusive, promoting access, providing the necessary support, actively addressing the barriers for children with disabilities who are currently in situations of exclusion, and strengthening the Program BPC at School, to ensure the most vulnerable children have means to go to school. Pass legislation determining that all young children with disabilities go to regular, instead of special pre-schools and schools, and that they have priority of places. Educate families about the benefits and the right to inclusion and involve families, school community and society in campaigns to promote the right to inclusive education.
- Remove the reference to “preferably” ofArticle 208 of the Constitution and other legislations in order ensure it is fully in line with Article 24 of the CRPD and not allowing any misunderstanding regarding the right of persons with disabilities to inclusive education.
- Abstain to approve the operation of private schools without minimum standards of accessibility or that discriminate against children with disabilities, in accordance with the CRPD and punish, according with legislation, discrimination based on disability, including denial of reasonable accommodation in the school environment or charging extra for the accommodation.
Health (art. 25)
Many obstacles remain to the realization of the right to health of persons with disabilities, especially in rural areas and among the poorest. Notwithstanding the welcomed regulations in health deriving from the national plan “Living without Limits”, the Federal government still supply limited-quality health and rehabilitation services through the Public Health System (SUS) and especially, through the Persons with Disabilities Health Care Network (Rede de Cuidados das Pessoas com Deficiência).
The Persons with Disabilities Health Care Network does not include persons with psychosocial disabilities, besides persons with autism. The Psychosocial Care Network (RAPS) remains as a separated policy area, which leads to uncoordinated efforts. For example, there are two separate programs of assistive residences, one for persons with disabilities and another for persons with psychosocial disabilities.
Most services are found in the South and Southeast regions, and are practically non-existent in rural areas and places far from large urban centers. Further, the lack of physical, attitudinal and communicational accessibility, featuring most of the existing health facilities and Basic Health Units in municipalities still impair the exercise of the right to health.
Today, according to Living without Limits Observatory, there are 124 CER (Rehabilitation Specialized Centers) qualified and running. There are also 77 new CER construction projects approved by the Ministry of Health.
However, nowadays the waiting line for rehabilitation specialized services are still tremendous. The qualification of rehabilitation as CER does not mean necessarily the increase of the provision of care, or that more persons with disabilities are benefiting from it. For instance, in the case of persons with autism, the Ministry of Health does not have accurate statistics of the number of persons who were treated at CERs, CAPs or SUS’ partner institutions, only the number of procedures and the amount of money spent on those procedures for persons with autism.
Without accurate and disability disaggregated statistics it is impossible to say if more persons with autism are being taken care of after or getting benefit from health and rehabilitation policies. The money invested is barely raised and the amount of procedures is actually reduced, from 2012 to 2013. The same goes to other disabilities that need rehabilitation.
Brazil has delays in the provision of wheelchairs, crutches, orthoses and other devices required for life and mobility of persons with disabilities. The Ministry of Health claims that it sends resources to municipalities and states, that have autonomy to deliver or not the orthotics and prosthesis, as they wish. However, the delays are not reasonable. In many state capitals, the wait for a wheelchair, for example, can take at least 3 or 4 years.
There is also a long waiting list if the person needs to get a diagnosis, including early diagnosis to start rehabilitation process; or for persons with intellectual and psychosocial disabilities who need neurological, psychiatric specialized professionals, physiotherapy, occupational therapy or speech therapy.
Campaigns on the prevention and promotion of health, such as AIDS, STDs, diabetes, heart conditions, cancer, etc., in general do not have accessible materials and do not make it clear that persons with disabilities, like everyone else, are also a targeted public.
It is still necessary to build a culture and practice where persons with disabilities can receive care in regular health services, not limited to rehabilitation services, but care from common ailments throughout all life cycles (infancy, adolescence, reproductive life, old age).
Not all basic health service networks are accessible and have the capacity to receive and support persons with disabilities. Research carried out in 240 Basic Health Units, in 41 municipalities, with more than 100 000 inhabitants, in seven states in the south and northeast of Brazil sought to detect the presence of architectural barriers in these services and concluded that an alarming 60% of Basic Health Units were classified as inadequate in terms of access for the elderly and persons with disabilities.“The presence of stairs, lack of handrails, ramps, bathrooms adapted for the entrance of wheelchairs and inadequate waiting rooms were a constant.”
When it comes to the health of girls and women with disabilities, a research by the Brazilian Institute of Geography and Statistics (IBGE) in 2009 revealed that only 14.5% of municipalities across Brazil are equipped with a body in charge of managing policies for women and that in less than 10% of all municipalities, policies are specifically carried out with respect to women with disabilities.
In the Federal level, the Technical Area for the Health of Persons with Disabilities, of the Department of Strategic Program Actions of the Secretary of Health Care, from the Ministry of Health, is transversally articulated with other policies of that Ministry, such as women’s health, youth, adolescent and children’s health, mental health, men’s health and elderly people’s health. It is also articulated with other departments, such as STDs/AIDS and viral hepatitis, with other Secretaries such as the Secretary of Health Vigilance and with other Ministries, such as Education, Social Development and Combating Hunger and the Secretary of Human Rights.
However, such articulation is still not enough to fully ensure women and girls with disabilities access to health and prevention measures against HIV/AIDS, including early detection and access to a range of health services. The Brazilian health system is still unable to treat and deal with and to treat women and girls with disabilities.
As an example, starting in 2008, the so called Nuclei for Support to Health and Family (NASF) began to be implanted, to qualify basic care and offer a larger contribution to teams of reference in family health (doctor, nursing and community agents), with the incorporation of other professionals (psychologists, physical therapists, occupational therapists and others). However, the NASFs do not have specific actions focused on women with disabilities, what demonstrated that gender and disability are still not dealt in an articulated manner.
As a result from a qualitative research carried out which professionals providing basic healthcare to women in reproductive age with a variety of disabilities pointed out that:
(a) professionals recognize gaps in their training in dealing with questions related to disabilities and conclude that specialized services and professionals are still not the most adequate actors in dealing with this population and their specificities.
(b) women with disabilities do not seek basic health services on an equal basis as women without disabilities;
(c) women with disabilities are recognized as being more passive, non-caregivers and asexual, which shows the stereotypical and prejudiced viewpoint of healthcare professionals, who still view the sexuality and maternity of women with disabilities as a taboo.
(d) Some situations of lack of physical and communicational accessibility and attitudes towards women with disabilities in services were cited, as well as situations in which patients’ individual needs were not respected and priority was not given to people with difficulties when waiting for their consultation;
(e) Professionals are still applying the medical model and charitable model instead of an approach based on human rights.
- Adopt measures to ensure that all campaigns, information, healthcare and services relating to sexual and reproductive health, HIV and STIs, and to sexuality and maternity of women with disabilities, both including physical treatment and psychological counselling, are made accessible to persons with disability, and that they are respectful of the dignity and integrity of women and girls with disabilities based on the free and informed consent of the individual concerned.
- Promote training for health professionals on disabilities issues, including the CRPD, in order to combat the prejudice and stereotypical vision of persons with disabilities and ensure physical accessibility in healthcare facilities, as well as the availability of professional interpreters of Brazilian Sign Language and easy to understand language to ensure quality care to women and girls with disabilities.
- Expand investment in rehabilitation prioritizing the North and Northeast Regions, rural areas and outskirts and address the delay to deliver wheelchairs, crutches, orthoses and necessary supplies for daily living and the mobility of persons with disabilities, including by engaging states and municipalities, so that the process is as efficient as possible.
- Promote more effective cooperation between the areas of mental health and health of persons with disabilities, in order to recognize the rights of persons with psychosocial disabilities in the health policies, in accordance to the CRPD and address the lack of diagnosis services for persons with intellectual, psychosocial disabilities, such as persons with autism, ensuring the adequate, timing and ethical process of rehabilitation.
Work and employment (art. 27)
The National Policy for the Integration of the Person with Disability refers to the insertion of persons with disability in the labour market, according to the labour and pension system rules in force, and recognizes the use of special procedures, that is, all means used for contracting persons that, due to the level of the disability, transitory or permanent, require special conditions such as variable journey, flexible hours, proportionality of wages, a work environment duly adapted to the individuals’ needs and others.
Despite this policy, women with disabilities continue to be discriminated against in the labour market resulting in unemployment, disproportionate salaries and unequal opportunities.
Brazil has a policy on affirmative action prescribing quotas applicable in both the public and private sector, where businesses with 100 or more employees are required to hire people with disabilities to make up between 2% to 5% of their staff, a measure which is far from being carried out in the private sector.
According to data from the 2000 Census, women are a majority among people with disabilities; however, statistics show that women with disabilities are at a disadvantage in terms of jobs they hold in the workplace and the wages they earn.
The number of formally employed workers with disabilities in Brazil fell 12% between 2007 and 2010. Data from the 2010 Annual Report of Social Information – RAIS reveal that from a total of 44.1 million active employment relationships registered on 31 December 2010, 306,000 were declared by people with disabilities, which corresponds to 0.7% of the total – this shows an increase of people with disabilities employed in relation to those registered in 2009 (288,600 employment relationships), although it has not yet recovered to the 2007 level. Even though the country created 6.5 million official jobs in the period between 2007 and 2010, around 42,800 jobs for persons with disabilities were closed.
According to data from the 2000 Census presented by the Social Agenda for Persons with Disabilities, there are more women among people with disabilities between 20 and 59 years of age, however, in the total number of employees with disabilities, men outnumber women with disabilities in all types of disability.
The double vulnerability of women with disabilities is reflected in the number of jobs they occupy. While among workers without disabilities women hold about 42% of employed positions, when it comes to workers with disabilities, only 34% are female, showing that gender discrimination is even greater when a woman has a disability. Women with disabilities earn an average of R$1,258.81, i.e. 19% less than women without disabilities (R$ 1,553.72), 27.6% less than men with disabilities (R$ 1,738.22), and 32.8% less than male workers without disabilities (R$ 1,874.55).
According to RAIS, women workers with a hearing disability receive an average salary of R$ 1,282.27 as opposed to R$ 2,255.51 paid to men workers, meaning that they receive around 56.85%, a little more than half of the salary that is paid to their male counterparts with the same disability. This disparity decreases for other categories of people with disabilities, but it is still significant. Women with physical disabilities earn 71.48% of salaries paid to men workers with physical disabilities, and women with intellectual disabilities receive approximately 86.75% of what is paid to their male counterparts.
RAIS data corroborate the reports of many workers with disabilities who have encountered more difficulties in moving up professionally due to prejudice and lack of accessibility in the work environment. It also points to greater vulnerability of female workers with intellectual/mental disabilities with less participation in the market and very low average income.
According to the experience of Brazilian DPOs in assisting persons with disabilities in seeking employment, it has been observed that frequently job openings for persons with disabilities offer low salaries and the selection process is carried out based on the disability that will require the lowest level of adaptation for the company, so people with more severe impairments end up having less possibilities of entering the job market.
Data from the latest Census of 2010 have not yet been finalized, but information relative to the 2000 Census indicate that among people with disabilities, the number of women living without any income at all was much higher than that of men, which shows the need for implementing affirmative action that will enable women and girls with disabilities to achieve equality in the workplace.
When it comes to the National Plan for The Elimination of Slave Labour, according to its most recent version it does not include and target persons with disabilities, as far as we could research.
Finally, the provision of reasonable accommodation presents an individualized solution to ensure the participation of persons with disabilities in the workplace, in the community, and in the exercise of their specific rights. Whilst Brazil has ratified the CRPD, national legislation, policy and practice does not recognize the obligation to provide reasonable accommodation; nor is it recognized that the denial of reasonable accommodation amounts to discrimination. Such steps are necessary to ensuring that persons with disabilities have an equal opportunity for employment and advancement in the labour market.
- Recognize through national legislation, policy and practice the obligation to provide reasonable accommodation in employment and the denial of provision of reasonable accommodation as a form of discrimination based on disability. Ensure training and awareness raising for public and private sectors about their obligation to provide reasonable accommodation in the workplace.
- Develop, in both public and private sectors, labor insertion programs for persons with disabilities, also considering flexible hours and part-time jobs, and promote adaptation and occupational, technical and vocational programs, taking into account the new information technologies and communication as a means to facilitate greater opportunities in the labor market for people with disabilities
- Promote business opportunities, independent work, the formation of cooperatives and creation of micro and small enterprises of persons with disabilities and the strengthening of existing ones and consider establishing funds and flexible credit lines for such purposes.
- Ensure that the measures aimed at the recognition of the employability of workers with disabilities are taken into account in collective agreements with trade unions.
Adequate standard of living and social protection (art. 28)
Since 2009, the program national public housing program “My House My Life” (Minha Casa Minha Vida), focused on low-income housing, includes the obligation to have 3% of households accessible to persons with disabilities. However this is more symbolic than effective, since the accessibility standards are not met and there is no adequate oversight.
The houses are built according to minimum requirements established by NBR 9050 – a Brazilian technical norm regarding access and physical space. The houses are prepared for future adaptation and installation of the following kits: for physical disability, dwarfism, hearing, visual and intellectual disabilities. The accessibility kits are only installed if the beneficiary of the program wants it – accessibility is, therefore, an option of the person who will be living in the unit.
The demand is identified by the municipal body. In practice, there are curious situation that evidence the lack of information and awareness about the rights entitled. For example, the beneficiary or his family asks for the installation of the kit but, because of lack of knowledge of its functionality, the accessibility the kit is removed. In other cases, the beneficiary chooses not to install it, because he does not know that he has the right or that he is entitled to receive the kit and use it without any extra cost; when it comes to children with disabilities, parents do not ask for the kit because they think it is not necessary.
There are also cases where the situation experienced by the person is so peculiar that the existing kit provided according to certain standards does not meet the person´s needs, leaving to the beneficiary the responsibility to suit it to his own needs. There is a significant lack of guidance for families about the functionality of these kits and their relevance, once they have never had access to such technology before.
In relation to the support provided by the state, the instrument used is the Continuous Cash Benefit (Benefício de Prestação Continuada – BPC), a minimum wage that is granted to people with disabilities, or older than 65 years whose family income is less than 1⁄4 of the minimum wage, as part of basic social protection under the Social Assistance System (SUAS) instituted by the Ministry of Social Development (MDS), in accordance with the provisions of the National Policy for Social Assistance – PNAS. Official data states that 1.6 million persons with disabilities currently participate in the program. Nonetheless, requirements to get into BPC are often too hard and many people with disabilities living in poverty frequently stay out of them having more difficulties to have a minimum standard of living and minimum social participation floor.
The new Brazilian Law Inclusion (LBI) instituted the inclusion aid for persons with severe or moderate disabilities, who are or have been beneficiaries of the BPC and who now have a remunerated activity, yet to be regulated. This is the only benefit that we can understand as a disability expenses related with. BPC itself is related to a minimum standard of living and at the moment the person gets a jog, the benefit is suspended.
Even with the regulation of the inclusion-aid, it will persist a lack of programs to cover the disability related expenses of most persons with disabilities who do not fit in the criteria and do not have a minimum social participation floor.
- Encourage municipalities that adopt participatory mechanisms to foster the control and supervision by the community of the construction of affordable housing projects.
- Implement awareness-raising campaigns and services, with the support of social workers, in order to allow persons with disabilities and their families to get to know their rights and learn how to benefit from the accessibility tools that have been provided through the Minha Casa Minha Vida housing program.
- Modify the Continuous Cash Benefit program, or replace by a new one, in order to ensure that all persons with disabilities have effective access to a social protection benefit that ensures an adequate standard of living, and develop and implement compensation schemes for persons with disabilities with regard to disability-related extra expenses incurred by them and their families.
Participation in political and public life (art. 29)
In Brazil there is a compulsory voting system. The Brazilian Constitution explicitly allows for the loss or suspension of political rights of persons lacking their legal capacity. As per article 15, the loss or suspension of political rights is forbidden, except in certain specific situations, which include the absolute legal incapacity. The Electoral Code of 1965, exempts of the obligation of registering to vote persons lacking temporary or definitively their political rights (art. 5, III) . The possibility to stand for elections also depends on being the person able to put in practice their political rights.
Very often, persons with intellectual and psychosocial disabilities are prevented from exercising activities in their civil life. In order to have the right to vote ensured, persons with disability need to have such right explicitly recognized by the judicial sentence arising from a partial interdiction procedure.
Therefore, the Brazilian Constitution and legislation applicable is still not in accordance with the CRPD standards, when it comes to legal capacity and the right to equal participation in political and public life.
Resolution n. 23.381, of the Superior Electoral Court, established an Accessibility Program, which aims at the gradual implementation of measures for the removal of physical, architectural, communications and attitudes barriers in order to promote unrestricted access, with safety and autonomy, to persons with disabilities or reduced mobility in the electoral procedure.
Notwithstanding this norm, when it comes to putting in practice the right to vote, many obstacles still need to be overcome. It is worth mentioning that many of the voting places, for example, public and private schools, do not meet the conditions of access for persons with disabilities. Many are in areas of difficult access, with extensive and non-accessible routes, with no parking spaces for persons with disabilities.
Commonly the buildings present architectural barriers, such as inadequate floors, stairs, ramps that do not meet the minimum standards, without the proper inclination and holders, as well as without signaling (podotactile). In sum, although there are laws providing for accessibility, the necessary autonomy to exercise their political rights is still not guaranteed to persons with disabilities.
Another issue that calls attention is the lack of representation of persons with disabilities within the Legislative and Executive Powers. For the 2015-2019 mandate, the federal parliament has only 01 (one) representative that is a person with disability. Such minimum representation hinders the development of laws, programs and policies aimed at ensuring the rights reaffirmed by the CRPD.
- Repeal all constitutional and legal provisions that deprive persons with disabilities from the right to vote on equal conditions with others, in particular article 15 of the Federal Constitution when it comes to the lack of legal capacity as means to suspend political rights, and article 5, III, of the Electoral Code of 1965.
- Create a quota for persons with disabilities as candidates in parliamentary elections in order to allow person with disabilities to fully exercise their political rights, in the dimension of the right to be elected.
- Take steps to ensure accessibility of elections, not only under the architectural point of view at polling booths, but also when it comes to communication, including accessible electoral campaigns and materials.
- Develop awareness raising and capacity building activities in order to ensure that civil servants working on the Electoral System to provide all the necessary support for all persons with disabilities willing to vote, to exercise their right with the most possible independence and autonomy.
Participation in cultural life, recreation, leisure and sport (art. 30)
Brazil has hosted the Soccer World Cup in 2014 and in the 2016 Olympic and Paralympic Games will be held in Rio de Janeiro. Although huge stadiums have been built with accessibility, the public transportation and many of the surroundings of the venues are still not accessible. The Brazilian government and companies have been investing heavily on promotion and preparation for the Olympic Games in Rio, but hardly ever anything is said about the Paralympic Games. We think this would be a precious opportunity to promote awareness and the value of persons with disabilities in schools, in the media, and to improve in accessibility in Brazil in this area.
There are some good practices in cultural life in Brazil, mainly in São Paulo. Audiodescription has arrived, occasionally, to some theaters, cinemas, mainly in Rio and São Paulo. After a long battle in justice, some Brazilian TV channels are finally including audiodescription in their programs. A law establishing 19 September as the Day of Accessible Theater was passed (PL 6,139/13).
Museums have been made more accessible, mainly in São Paulo, with physical adaptations and guided tours for visitors with disabilities. Some good practice examples: Pinacoteca of São Paulo was the pioneer. It has tactile flooring, replicas for touching and an educational program that caters for visitors with all kinds of disability. MAM, also has adapted accommodations and well trained guides. Centro Cultural de São Paulo and the Football Museum are also good examples. In Rio de Janeiro, the historic heritage has been the main barrier to permit that Museums are made accessible for all. The National Historic Museum is accessible and National Arts Museum partially accessible, but some projects like Vila Lobos Museum, have been undermined to keep the historical building. Centro Cultural Banco do Brasil, both in Rio and Sao Paulo, have accessible facilities and good programs for visitors. Outside the big cities, some other museums have tried to invest in accessibility, but mainly in a non-professional way, and without respecting the norm NBR9050.
A Guide called Cultural Accessibility Guide of São Paulo City was launched by a NGO, listing the accessibility condition of theaters, museums, cinemas, cultural centers and libraries. Ancine, the national Cinema agency, opened a public consultation for audio and vision accessibility in cinemas. There are new courses to form audiodescription professionals. One NGO has launched a step by step guide, proposing Parks for All to be built by municipalities with equipments that can be used by children with disabilities.
As for accessible books and libraries, the Decree that regulates the Law of the Book (Law n. 10,75/2003, has not yet been passed. Moreover, Brazil has signed but still did not ratified the Marrakesh Treaty.
- Undertake, commission or support the creation, development, publication and presentation of artistic and other cultural works across all Media Forms, including film, television, radio, visual or design and literary works. Goals could include the inclusion of characters with disability in story lines in mainstream film, television (eg soap operas, drama, comedy, etc), in fiction books, pop music performers or in music videos, etc. All portrayal should be consistent with the vision of the CRPD as envisaged by Article 8.
- Take advantage of the Olympic and Paralympic Games Rio 2016 and promote inclusion and accessibility for persons with disabilities. Organize inclusive games in schools, especially in vulnerable areas such as slums, settlements, rural schools, quilombo, Indian tribes and beneficiaries of social programs, with encouragement of physical activity for children and adolescents with disabilities, to raise awareness, and always ensure that children with disabilities can, on an equal basis with others, participate in games, sports recreation and leisure activities in an inclusive format.
- Ensure financial resources for parasport athletes and athletes with disabilities, so that they have the means to train and go to competitions and to parasports events, in the local, state and national spheres for investment in sports, cultural, tourist and leisure, including all areas of disabilities and create legislation that guarantees tax reduction for prostheses and sports equipment for parasports athletes.
- National, states and municipalities governments should approve incentive laws for athletes /artists with disabilities, so that private companies, public institutions and schools ensure their release, without prejudice to any professional or school functions, as well as her/his escort, to participate in competitions, sports and cultural events with international, national state, or municipal representation.
- Take steps to swiftly ratify the Marrakesh Treaty and ensure access to universal design books in public libraries, schools and universities, so that every one has access to all kind of information of written knowledge, in accessible format in the same places where conventional formats are found and ensure physical and digital accessibility in public internet community centers.
- Adapt public and private spaces destined to cultural and sports events to universal design, including promotional materials and include accessible and sensory stimulant equipment for children in public parks and playgrounds and promote initial and continuing education for physical education teachers, coaches, referees and other professionals who work with persons with disabilities.
- Cultural Ministry to pair up with Tourism Ministry and Cities Ministry, states and municipalities to provide accessibility and visiting programs for visitors with disabilities in museums and cultural attractions and guarantee an accessible route around these attractions an promote the organization of cultural accessibility guides of major cities.
- Include provisions for travelers with disabilities in the National Tourism Policy, like accessible hotels and tourism attractions and education of professionals in the tourism industry about persons with disabilities.
National implementation and monitoring (art. 33)
In 1999, Brazil has established the National Council on the Rights of Persons with Disabilities (CONADE). CONADE is a paritary body, composed of civil society members and representatives of government bodies – half of the seats are reserved for civil society and the other half for government’s representatives. Due to the lack of independency, both regarding its mandate and funding, CONADE is not fully in line with the Paris Principles and, therefore, would not be able to be recognized as the CRPD national monitoring body in accordance with Article 33(2). The Head of the National Secretariat was the President of CONADE between 2013 and 2015, which is not in compliance with the independence required by the CRPD regarding the monitoring body.
In line with article 33(1), through Decree nº 7,256, of August 4, 2010, the National Secretariat for the Promotion of the Rights of Persons with Disabilities was designated as a government focal point. However, its work must be strengthened.
The Brazilian State still did not appoint an independent body that will be in charge of monitoring the implementation of the CRPD in the country.
The National Human Rights Council established by Law nº 12,986/2014 could eventually receive such mandate, according to its attributions. However, it seems that as it is now organized, the Council also do not comply with the Paris Principles.
The inexistence of a national body in charge of monitoring the implementation of the CRPD in the country, established in accordance with the Paris Principles, undermines independent monitoring by the civil society and the CRPD Committee, as well as the monitoring of other human rights treaties signed and ratified by the Brazilian State.
- Clearly define the focal point functioning and responsibilities (art 33.1), including the tools that will allow a transversal dialogue among the Ministries and its interaction with civil society, in line with article 4.3 of the CRPD.
- Create a National Human Rights Institution fully based on the Paris Principles, with a broad mandate set by law to monitor not only the CRPD, but all human rights treaties ratified by Brazil, and provide it with technical and operational capacity and financial autonomy to exercise its mandate and a pluralistic composition, being guaranteed the representation of persons with disabilities.
- Appoint an independent body responsible for monitoring the CRPD, in accordance with Article 33.2.c
- Foster civil society participation in the monitoring process by creating Working Groups including civil society representatives, to identify and debate about the main gaps in the implementation and set priorities and by holding public audiences to debate how ongoing and future public policies, as well as national legislation should be adapted in order to comply with the CRPD content.
ANNEX I – CONTRIBUTORS TO THE JOINT SUBMISSION
Associação Brasileira para Ação por Direitos das Pessoas com Autismo (Abraça) is a network of autistic persons, family members, professionals and activists established in 2008, whose aim is to defend the best interests and rights of persons with autism. Contact: Alexandre Mapurunga, www.abraca.autismobrasil.org | email@example.com
Federação Brasileira das Associações de Síndrome de Down (FBASD): gathers efforts to sensitize the government and society in defending the rights and interests of people with Down syndrome and their families, by acting to change society and government paradigms about persons with Down syndrome.’ www.federacaodown.org.br Contact: Lenir Santos firstname.lastname@example.org
Fraternidade Cristã de Pessoas com Deficiência do Brasil (Chrsitian Fraternity of Persons with Disabilties) is a social movement of human promotion. Operating in Brazil since 1972, it currently reaches 25, 000 “fraternists” (persons with disabilities, families and volunteers). Contact: Raimundo Dedinho, www.fraterbrasil.org.br |email@example.com
Inclusive, Inclusão e Cidadania: News agency to promote inclusion of marginalized segments of the society, especially persons with disabilities. Contact: Patricia Heiderich www.inclusive.org.br firstname.lastname@example.org
Baresi Institute: Based on the priciples of ethics, inclusion, acessibility and social participation, it is dedicated to improving quality of life and social inclusion for people with rare diseases, disabilities or other minority groups. http://institutobaresi.com/ Contact: Adriana Dias email@example.com
Movimento Down: Producing information and resources to promote the quality of life and inclusion of peope with Down syndrome and other intellectual disabilities. Contact: Maria Antonia Goulart www.movimentodown.org.br firstname.lastname@example.org
Rede Brasileira do Movimento de Vida Independente (Rede MVI-Brasil). Founded in 2015 by persons involved with the movement of independent living (MVI) in Brazil, the Brazilian Network of the Independent Living Movement (Network MVI-Brazil) is a political and nonpartisan movement, engaged in social activism. https://redemvibrasil.wordpress.com/ Contacts: Vinicius Garcia email@example.com e Romeu Sassaki firstname.lastname@example.org
RIADIS – The Latin American Network of Non-Governmental Organizations of Persons with Disabilities and their Families is a regional international organization, composed of 60 national organizations from 18 countries in Latin America. Its main purpose is to act in defense of human rights of persons with disabilities. Contact: Ana Arellano, www.riadis.org | email@example.com
 As per article 4.3 of the CRPD, persons with disabilities, including children, their families and organizations should actively participate in the process of monitoring the treaty. Although all the efforts made by the Working Group, the participation of persons with disabilities, their families and organizations indicate that rights awareness and participation are still a challenge in Brazil.
 Lei 13.145/2015 – Brazilian Inclusion Law. Available at http://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2015/Lei/L13146.htm
 Another interesting aspect is that, neither the judicial order, nor the decision of the Court made any reference to the CRPD, although the petition filed and other pieces of the legal proceeding made specific reference to it.
 The site of the National Secretary of Women makes reference to 190 Centers of Referral (social and psychological care, and legal orientation), 72 Shelters, 466 Police Stations Specialized in Assisting Women, 93 Special courts and adapted courtrooms, 57 Specialized Defenders, 21 Specialized Prosecutors, 12 Services of Educating and making aggressors more Responsible, 21 Prosecutors/Gender Nuclei in the Public Ministry: https://sistema3.planalto.gov.br/spmu/atendimento/atendimento_mulher.php?uf=TD
 The Maria da Penha Law, Art. 44 item 11: http://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11340.htm
 2015 – Young lady with intellectual disability – sexually abused – http://globotv.globo.com/tv-morena/g1-ms/v/crianca-filma-abuso-de-idosos-contra-jovem-deficiente-em-campo-grande/4165845/
2014 – Young woman with disability – raped and killed – Belo Horizonte, MG – http://g1.globo.com/minas-gerais/noticia/2014/03/jovem-com-deficiencia-morre-sob-suspeita-de-estupro-em-bh-diz-pm.html
2014 – 80 year old, low vision – physical and sexual violence assault – Monte do Carmo, Tocantins – https://www.youtube.com/watch?v=9pJQMDrp6zY
2014 – 19 year old woman with intellectual disability – abuse in the police station – Porto Alegre, RS – http://mais.uol.com.br/view/jinmcnm98vmk/deficiente-sofre-abuso-sexual-apos-ser-abandonada-por-pms-no-rs-0402CC9B3064D4915326?types=A&
2013 – Girl with low vision, physical and intellectual disability – raped by stepfather – Goiania, GO – https://www.youtube.com/watch?v=6hW_mM1C_KA
2013 – Elderly woman with physical disability – raped – Apodi, Rio Grande do Norte, https://www.youtube.com/watch?v=6O0nvlDhXvg
2013 – Elderly woman with physical and intellectual disability – imprisoned 5 years by son – Fortaleza, Ceará – https://www.youtube.com/watch?v=k35s608j2Gc
2012 – 14 year old girl – raped and beaten by 5 teenagers –– Rio de Janeiro, RJ
2011 – 3 year old deaf girl – sexual assault – https://www.youtube.com/watch?v=d3FrK9uc1Gs
2011 – Girl with autism – chained by the family – Fortaleza, Ceará –https://www.youtube.com/watch?v=3NJ9m850ObU
 In Brazil, each person is responsible for the sidewalk in front of their home or business. There are specifications that should be followed, but since there is hardly no enforcement of the legislation, sidewalks can be a steeplechase, with holes, irregularities and other obstacles.
 2011 – Congresswoman refuses to be carried out of plane – http://g1.globo.com/sao-paulo/noticia/2011/03/deputada-cadeirante-tem-problemas-para-desembarcar-de-aviao-em-sp.html
2012 – Lack of accessibility in elections – http://www.gazetadopovo.com.br/esportes/olimpiadas/2012/deficientes-pedem-atencao-para-falta-de-acessibilidade-3savfxy0e8fld9fa5fhmikojy
2013 – Ramp and sidewalk inaccessible – http://pessoascomdeficiencia.com.br/site/2013/04/05/falta-de-acessibilidade-dificulta-a-vida-dos-cadeirantes-no-centro-de-terezinha/
2014 – Woman crawls up bus stairs – http://g1.globo.com/pi/piaui/noticia/2014/12/internauta-flagra-cadeirante-tendo-que-rastejar-para-subir-em-onibus-no-pi.html
Reporter performs accessibility blitz in Sao Paulo – http://www.inclusive.org.br/?p=27026
2014 – Woman crawls up plane stairs – http://www1.folha.uol.com.br/cotidiano/2014/12/1556328-cadeirante-se-arrasta-por-escada-de-aviao-para-poder-embarcar.shtml
2014 – Ministry of External Relations creates committee to promote inclusion – http://www.inclusive.org.br/?p=26735
2015 – Sidewalks, bathrooms and universities not accessible – http://g1.globo.com/goias/noticia/2015/05/deficientes-reclamam-de-falta-de-acessibilidade-em-cidades-de-goias.html
2015 – Man has car filled with blue post-its for parking in disabled space – https://www.youtube.com/watch?v=mSJLhEo1j1Ms obligation to fulfil- e.g. accessibility)to the state’tate’ guardianship? would dianshipnt n and incorporate this information
 Published material on the Campaign available at http://www.cnmp.mp.br/portal/images/stories/Destaques/Publicacoes/ACESSIBILIDADE_KM_WEB.pdf
 A recently research carried out by DataSenado, “Research on national public opinion – Domestic and Family Violence Against Women” with data collected from 8 to 28 February 2011, which totaled 1,352 interviews. Among the comparative data used was religion (Catholic, Evangelical and others), as well as ethnic origin (white, brown, black, yellow or indigenous). However the research did not present data relative to the violent situation experienced by women and girls with disabilities (http://www.senado.gov.br/noticias/agencia/pdfs/tabelas_divulgacao01.pdf);
 The National Policy for Sexual and Reproductive Rights, which can be found in the document “Sexual and Reproductive Rights: a government priority,” was launched on 22 March 2005, a joint initiative from the Ministry of Health, Education, Justice, Agrarian Development, Social Development and Combat against Hunger, together with the Special Secretary for Women’s Policies, for Policies for the Promotion of Racial Equality and the Special Secretary for Human Rights. There are three main focuses of action related to Family planning: a) increase in the availability of reversible anti-conception methods (non-surgical); b) improved access to voluntary surgical sterilization; and c) introduction to assisted human reproduction at the National Health System (SUS). In December 2007, through na initiative from the Ministry of Health, the United Nations Population Fund (UNFPA) and the National Federation of APAES (Association of Parents and Friend of the Exceptional), Brazil hosted the National Consultation on Sexual and Reproductive Hea lth and People with Disabilities, aimed at discussing ways to confront and eliminate discrimination against people with disabilities in subjects related to marriage, family and reproduction. In 2009, the first National Health Seminar on Sexual and Reproductive Rights and Persons with Disabilities was held, organized by the Ministry of Health and the United Nations Population Fund (UNFPA), resulting in a publication with a summary of the discussions to orient managers and professionals of the National Health System (SUS). See Sexual and Reproductive Rights in the Comprehensive Health Care of People with Disabilities http://bvsms.saude.gov.br/bvs/publicacoes/direitos_sexuais_integralidade_pessoas_deficiencia.pdf
 Law Nº 9.263 of 12 January 1996 – Regulates family planning policy, Art. 10.ii, 6º: “The surgical sterilization of people who are absolutely incapable can only occur with judicial authorization, regulated under law” http://www.planalto.gov.br/ccivil_03/Leis/L9263.htm
 Law Nº 9.263 of 12 January 1996 – Regulation of family planning policy, Art. 10.ii,3 º: “The manifestation of will in the form of § 1º, expressed during the occurrence of alterations in the capacity of discernment due to influence of alcohol, drugs, altered emotional states or temporary or permanent mental incapacitation, will not be considered” http://www.planalto.gov.br/ccivil_03/Leis/L9263.htm
 For more information on this widespread practice, see the 2011 Briefing Paper on Forced sterilisation of Women and Girls with Disabilities by the International Disability Alliance, Women With Disabilities Australia (WWDA), Human Rights Watch (HRW) and the Open Society Foundations as part of the Global Campaign to Stop Torture in Health Care. The paper gives a background to the issue of forced sterilisation of women and girls with disabilties, outlines various international human rights standards that prohibit forced sterilisation, and offers several recommendations for improving laws, policies, and professional guid elines governing sterilisation practices. In particular, it highlights the aggravating factor of legal incapacitation and the widespread practice of legal guardians consenting to sterilisation on behalf of women with disabilities whose legal capacity has been removed or restricted. http://www.wwda.org.au/Sterilization_Disability_Briefing_Paper_October2011.doc
 In 2002, a report coordinated by Professor Windyz B. Ferreira (PhD in Education) in the city of João Pessoa-PB, pointed out the multiple forms of violence and violations of the rights of children with disabilities. In the study, there are reports of over burdened mothers of persons with disabilities, violence, rejection of daughters and sons with disabilities, evidence of how the culture of machismo aggravates the situation of exclusion of persons with disabilities and vice-versa.
 Decree nº 3,298 of 20 December 1999, that rules Law nº 7,853 of 24 October 1989 (article 35):
 Law nº 8.213, of 24 July 1991, art. 93 http://www.planalto.gov.br/ccivil_03/leis/L8213cons.htm.
 Annual Report of Social Information – RAIS – one of the most relevant sources of information on the formal job market in the country – of the Ministry of Labor and Jobs in Brazil. RAIS information encompasses comparisons on all types of formal labour relationships, sectoral and geographic profiles as well as looks at questions of gender and disabilities, educational level and ethnic origin of workers. http://portal.mte.gov.br/
 Federal Government Social Agenda for People with Disabilities – Table 4:
 Representation of men with disabilities in the workplace compared to women, categorized by disability: physical disabilities – 64.34%; auditory disabilities – 65.99%; visual disabilities – 64.45%; intellectual/mental disabilities – 71.97%; and multiple disabilities – 66.68%. – RAIS/2010: http://portal.mte.gov.br/data/files/8A7C812D2E7318C8012FE039D8AA15D9/resultado_2010.pdf
 Federal Government Social Agenda for People with Disabilities – TABLE 6:
 For more information: