COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES CONSIDERS REPORT OF SPAIN
The Committee on the Rights of Persons with Disabilities has considered the initial report of Spain on its implementation of the provisions of the Convention on the Rights of Persons with Disabilities. The report of Spain is the second report to be considered by the Committee under the Convention.
Presenting the report of Spain, Isabel Martinez Lozano, Secretary General for Social Policy and Consumption at the Ministry of Health, Social Policy and Equality, said that Spain had fashioned its constitution against the backdrop of guaranteeing the effective enjoyment of rights and freedoms for all persons, including those persons with disabilities. Remarkable progress had been made in the implementation of legislation with cross-cutting measures to guarantee rights and freedoms for all persons with disabilities in Spain, and those persons already enjoyed a formidable social acceptance. Civil society in Spain was a powerful and effective tool to organise the effective enjoyment of rights and freedoms for persons with disabilities throughout the Kingdom. At Ministerial level there was a working group in place to recommend reforms aimed at encouraging the implementation of all aspects of the Convention.
Ms. Martinez said that the changes in the legal framework of Spanish legislation had a significant impact on the administrative regulations. In the realm of infrastructures and to improve accessibility for persons with disabilities, the State party had initiated a joint public-private action to improve infrastructure such as trains, and other means of public transport, to effectively facilitate access for persons with disabilities. Since 2008 specific legislation existed that was aimed at promoting the employability of persons with disabilities; there had been a marked improvement in the number of employed persons with disabilities. Spain had about four million persons with disabilities within its national boundaries and was working towards reaching the general strategic objectives it jointly proposed to the European Union. Although it was difficult to fully apply the Convention on the Rights of Persons with Disabilities, Spain regarded its performance and improvement with a lot of pride.
Experts raised questions concerning, among other matters, the lack of disaggregate data regarding the level of accessibility to places of residence, recreation, and equal education for persons with disabilities; penalties for corporations that did not comply with the two per cent staff quota for persons with disabilities; the status of the Convention on the Rights of Persons with Disabilities in relation to the national Constitution, and quantitative aspects involved in measures taken to guarantee rights and freedoms for persons with disabilities. Further questions were raised regarding measures to inflict penalties on individuals guilty of discriminating against persons with disabilities, the universal design used in the State party’s measures to facilitate access to buildings and other public spheres; segregated education for children with disabilities being a form of discrimination and rights enjoyed by women and children with disabilities with regard to sexual and reproduction policies and freedoms.
In concluding remarks, Ronald McCallum, the Committee Chairperson, thanked the delegation and Committee members for the fruitful and constructive dialogue they had had with the State party. He invited the delegation to take the recommendations that the Committee would adopt seriously and use them to further improve their implementation of the Convention.
Mr. McCallum thanked the Committee members for their salient questions and the seriousness they applied in reviewing the report of Spain.
The delegation of Spain included representatives from the Ministry of Health, Social Policy and Consumption, Ministry of Education, Ministry of Justice, Ministry of Labour and Immigration, Ministry of Interior, Ministry of Foreign Affairs and Cooperation and the Permanent Mission of Spain to the United Nations Office at Geneva.
The next public meeting of the Committee will be on the afternoon of Friday, 23 September 2011, when it will publicly close its sixth session and adopt concluding observations on the initial report of Spain.
Report of Spain
The initial report of Spain (CRPD/C/ESP/1) notes that Article 9 of the Constitution of Spain guarantees the freedom and equality of citizens and of the groups to which they belonged in political, economic, social and cultural life, while Article 14 enshrines the principle of equality before the law and prohibits all forms of discrimination based on birth, race, sex, religion, opinion or any other personal or social condition or circumstance. The treatment of disability had already developed into a social model in Spanish law before the Convention on the Rights of Persons with Disabilities came into force on 3 May 2008. However, the adjustment and amendment of some provisions in the different branches of law will be required in order to permit formal incorporation of the Convention into the domestic legal system. Although the existence of advanced legislation introducing measures designed to guarantee equality of opportunity in the exercise of the rights of persons with disabilities was important, its existence was not sufficient to guarantee its implementation. Intervention strategies and specific policies targeting specific social groups, action plans and programmes to ensure that persons with disabilities could enjoy the whole range of human rights - civil, social, economic and cultural – were required.
The importance of disability policies is reflected in the statistical data, which revealed that 3.85 million persons in Spain (59.8 per cent of them women) were affected by some degree of disability and that 19.94 per cent of households were affected. Disability rates by age group were slightly higher among males up to age 44. The opposite was the case among males aged 45 and over; the difference between the two groups increased with advancing age. Of the persons concerned, 67.2 per cent had restricted ability to move around or move objects, 55.3 per cent had problems with the performance of domestic tasks and 48.4 per cent had difficulties with personal care and hygiene.
Since the adoption of the 1978 Constitution the entire range of human rights and fundamental freedoms, the protection and full and equal enjoyment of which the Convention is designed to ensure for persons with disabilities, has been enshrined in the Spanish legal system (Article 10 of the Constitution). To that end a Permanent Specialized Office (OPE) has been established within the National Council on Disability. This was a specialized body for the evaluation, analysis and study of complaints submitted and consultations sought by persons with disabilities who considered that they had been the subject of discrimination. Act No. 49/2007 lay down administrative penalties for breaches of the rights of persons with disabilities in cases of direct or indirect discrimination, harassment, failure to comply with access requirements or make reasonable accommodation and non-compliance with legally established affirmative action measures.
The report further underlined that on 1 December 2006 the Government adopted a First Plan of Action for Women with Disabilities, which established a strategy and methodology for correcting the inequalities between men and women with disabilities. In the field of labour, Royal Decree-Law No. 1/1995 of 24 March 1995, approved the consolidated text of the Act on the status of workers and established the principle of equality of treatment and non-discrimination in labour relations covered by that law. The Global Action Strategy for the Employment of Persons with Disabilities 2008-2012 (EGAEPD) was the reference framework for the promotion of employment of persons with disabilities in Spain. On 16 June 2006 the Council of Ministers adopted the National Strategic Plan for Children and Adolescents 2006-2009 (PENIA Plan) which required care and treatment for minors to be provided in a pluri-disciplinary manner. The Master Plan of Spanish Cooperation 2009-2012, which was being drawn up with an approach focusing on rights among vulnerable groups, specifically highlighted the level of access to basic services for groups with disabilities. The process for amending Act No. 23/98 on international cooperation will begin in 2010, when amendments to comply with the Convention could be introduced.
Presentation of Report
ISABEL MARTINEZ LOZANO, Secretary General for Social Policy and Consumption at the Ministry of Health, Social Policy and Equality, said Spain was committed to multilateral bodies, especially those concerned with guaranteeing human rights and freedoms, and that the Kingdom of Spain’s approach to disability policies was based on human rights. Spain had fashioned its constitution against the backdrop of guaranteeing the effective enjoyment of rights and freedoms for all persons including those persons with disabilities. The new Act of Social Equality (LISME) had created a landmark in Spain’s active policies and application of the recommendations of the Convention on the Rights of Persons with Disabilities.
Spain had made a marked improvement in increasing access to education for children with disabilities. Spain was pursuing an inclusive policy of education following Article 24.1 of the Convention. Remarkable progress had been made in the implementation of legislation with cross-cutting measures to guarantee rights and freedoms for all persons with disabilities in Spain and these persons already enjoyed a formidable social acceptance. Civil society was a powerful and effective tool in Spain to organise the effective enjoyment of rights and freedoms for persons with disabilities throughout the Kingdom.
Ms. Martinez underlined that at Ministerial level there was a working group in place to recommend reforms aimed at encouraging the implementation of all aspects of the Convention and civil society had fully participated in drafting recent laws to that effect. There had been recent improvements on existing legislation to eliminate all forms of discrimination against persons with disabilities.
Since 2008 there existed specific legislation aimed at promoting the employability of persons with disabilities and there had been a marked improvement in the number of employed persons with disabilities. In the realm of infrastructures and to improve accessibility for persons with disabilities the State party had initiated a joint public-private action to improve structures such as trains and other means of public transport to effectively facilitate access for persons with disabilities.
The changes in the legal framework in Spanish legislation bore a significant impact on the administrative regulations. Throughout the most recent elections Spain had taken significant steps to improve the participation of persons with disabilities in political life and the electoral processes. The royal decree adopted to that effect had already been implemented and this had been applied to the local and council elections. There were also variations in the participation of persons with disabilities in cultural and in social life. Spain had built into its elite sports facilities Paralympics facilities that guaranteed access to all persons with disabilities.
Ms. Martinez further explained that Spain had undertaken measures to collaborate with Latin American countries, to assist them in improving conditions for persons with disabilities and was looking forward to doing same with Tunisia in the months ahead. The Kingdom of Spain had, through the Spanish Agency for International Cooperation, financed a total of 70 projects for 35 million Euros.
Ms. Martinez concluded that Spain had about four million persons with disabilities within its national boundaries and was working towards reaching the general strategic objectives it jointly proposed to the European Union. She underlined that although there existed some difficulties in fully applying the Convention on the Rights of Persons with Disabilities, Spain regarded its performance and improvement with a lot of pride. The State party however, remained humble because more efforts needed to be made and the Spanish civil society and the international community expected the Government to work harder to eliminate all forms of discrimination and therefore improve the living conditions and full enjoyment of rights for all persons with disabilities.
Questions by Experts
GERMAN XAVIER TORRES CORREA, the Committee member serving as the Rapporteur for the Report of Spain, expressed the need for the State party to provide more disaggregate data regarding the level of accessibility to places of residence, recreation, and equal education for persons with disabilities. He also stressed the fact that the delegation did not say anything about quality of information on the protocols of the Convention that were disseminated to persons with disabilities in order to improve their familiarity with the Convention. The delegation did not say whether the law guaranteed the provision of guardianship for persons with disabilities. Mr. Torres Correa raised the concern that health workers were generally not properly informed on how to treat persons with disabilities and asked the delegation whether there were specific training courses provided to that effect.
Turning to employment, the Rapporteur said the legal measures put in place to improve employability of persons with disabilities were commendable but nothing was mentioned about the specific data regarding the number of employed persons with disabilities. It was not known if Spanish companies had any obligations to practice an open employment policy which guaranteed equal rights to candidates with disabilities. The delegation was asked whether there existed penalties for corporations which did not comply to the two per cent requirement quota for persons with disabilities and whether non-compliant companies were automatically excluded from participating in tender offers.
The Rapporteur invited the State party to champion the rights of persons with disabilities. The Committee would like to see a marked improvement in the living conditions of persons with disabilities especially in areas such as health, education, accessibility, social assistance, political life and personal competence in decision making.
An Expert asked the delegation to say what status the Committee on the Rights of Persons with Disabilities had in relation to the national Constitution, as well as to European regulations regarding persons with disabilities. Many of the issues relating to persons with disabilities were secured by the Spanish legal system and to that effect Spanish judges had the responsibility to rule on such matters. The delegation was asked to explain the level of competence the judges had to handle legal matters relating to persons with disabilities. The delegation was further asked to explain if the Spanish legislation covered the entire public and private sectors and whether all issues relating to persons with disabilities were taken into account right from the beginning phase of elaborating legislation.
Another Expert expressed concern about the quantitative aspects involved in measures taken to guarantee rights and freedoms for persons with disabilities and wanted to know what procedures the Spanish Government had envisaged in order to be thoroughly inclusive in its approach. The delegation was asked to provide more information on how the local autonomous regions were implementing legislation adopted at the national level. The delegation was also asked whether there were measures in place to inflict penalties on individuals guilty of discriminating against persons with disabilities.
The delegation was asked to provide concrete information on how the provisions of the Convention were accordingly implemented so that persons with disabilities enjoyed full protection from violations of their rights and freedoms.
Response by the Delegation
With regard to questions on participation in the sphere of politics for persons with disabilities, the delegation said that there were legal provisions to guarantee the representation of persons with disabilities in government. There also existed a national council to ensure that persons with disabilities were effectively represented in political life.
Regarding the absence of statistics, the delegation said that the last survey was conducted in 2008 and contained details about the number of persons with disabilities in Spain. This data would be updated in the next survey and all the strata and issues regarding persons with disabilities would be covered
Referring to questions about definition of persons with disabilities the delegation said that legislation came in force last August, which affected the definition of the Convention on the Rights of Persons with Disabilities. All Spanish Ministries had taken steps to implement measures to reprimand discrimination against persons with disabilities. There were also preventive measures in place to ensure that persons who did not meet the 33 per cent disability requirement could still benefit from employment. There was a need to follow a less medically based multidisciplinary approach and a piece of legislation would be adopted later this year to that effect.
Regarding the issue of accessibility to places of residence, the delegation said that the real estate legislation required landlords to adapt their buildings in a way that persons with disabilities could easily access the building and their homes. The delegation said that following the 2011 reform in accessibility, measures taken by building owners had increased from three to four per cent. In terms of autonomous conditions, there were plans to provide financial support to help improve accessibility to the homes of persons with disabilities. The delegation said there was a state housing policy for 2009-2012 providing financial assistance for private residences of persons with reduced mobility. There were a series of requirements to improve facilities to better the visual and physical independence of persons with disabilities.
Regarding the issue of denial of adjustment the delegation said this was included in the non-discrimination measures and it was possible to enter an appeal.
The delegation said that last Friday, 17 September 2011, the Royal Order which adopted the nuclear emergency law had been changed, and it now included special protocols for persons with disabilities.
The delegation underlined that specific training was provided to all persons working in emergency services and this training empowered the emergency workers on how to handle persons with disabilities. The State had also published a manual for the personnel of the Ministry which provided social services to persons with disabilities.
The delegation underlined that Spain adopted the Convention in 2007 and had been trying to implement it with some difficulty because it had required an investment of 10 billion Euros in order to care for about 730,000 persons with disabilities. This was particularly difficult for Spain because of the economic recession and the need to reduce the national budget. However, the delegation stressed that all persons who had the recognised right to receive assistance due to their disabilities would receive assistance from the State. The Spanish Government would be developing personal autonomy measures and would seek to promote this for the interest of all persons with disabilities.
Turning to the question on health services, the delegation said it was completing a white book to bring together all best practices for persons working in social and health services, which could be used in relation to persons with disabilities. Health and social services for the Government of Spain was a priority and every aspect of assistance to persons with disabilities would be improved.
With regard to penalties for companies who did not respect the legislation to guarantee employment for persons with disabilities, the delegation referred to companies such as Ipsol, Copra and hypermarkets, corporations which lived up to and went beyond the two per cent requirement (two per cent of employees should be persons with disabilities). The law on the adaptation to the Convention established more severe measures for non-compliance. The delegation said it was not possible to prevent companies from competing in tenders when they did not meet the two per cent employment requirement. It was very difficult to adjudicate because of the European Union requirements but the State was working on an improvement.
There were various areas of concern for boys and girls with disabilities and the delegation said specific protocols existed to punish physical abuse of children with disabilities. Civil society was very active in the decision making process regarding social services for children with disabilities. Children who could not regularly attend school could receive education from either the hospital school services or in their homes via educational services or non-governmental organisations.
There was available and accessible information and permanent campaigns to prevent violence against women with disabilities. There were social services and shelters, designed by women, to provide assistance. The delegation underlined that for the past year the Ministry had been conducting a study on issues of violence related to disability and there would be disaggregate data at the end of the survey. Women and children with disabilities were particularly vulnerable and there was a proper plan of action that would be tailored to the needs of this group of persons.
Answering the question about the life and physical integrity of persons with disabilities who were detained in prison and other preventive and or psychiatric centres, the delegation said all members of the prison guards and prison social workers were properly trained. The cases of mistreatment were exceptional because all the penitentiary workers were absolutely respectful of the detainees. The Spanish penitentiary system guaranteed to almost 100 per cent the life and physical integrity of persons with disabilities.
Regarding the status of the Convention in relation to the Spanish domestic legal system, the delegation said that once the Convention was published in the official journal, it became part of the Spanish legal system.
There was a difficulty in applying the Convention with regard to guardianship because there was a need for a procedure on how the level of disability or appropriate level of ability ought to be assessed. Guardianship would be promoted in Spanish legislation and this would be done in a systematic way so that the judges interpreted this service as support to persons with disabilities.
Questions by Experts
In another round of questions, an Expert asked about the comprehensive national disability long-term strategy from 2012-2020, and wanted more information about the outcomes of its implementation so far. The Expert also inquired after the Universal Design used in the State party’s measures to facilitate access to buildings and other public spheres for persons with disabilities. The delegation was applauded for its initiative with Tunisia and was asked to provide more information on that cooperation.
An Expert underlined that declaring a person as incapacitated contravened Article 12 of the Convention, which stated that all persons with disabilities had the capacity to act independently and seek support if needed. The Expert asked the delegation to specify what measures the Ministry of Justice intended to pursue to ensure full legal capacity of all persons with disabilities.
Another Expert asked whether the State party took into account persons with disabilities when elaborating accessibility policies from the beginning. The Expert asked the delegation to elaborate more on the lofty measures set on in its new employment strategies. The delegation was further asked to share with the Committee on the Rights of Persons with Disabilities its experiences on the application of Article 9.
The delegation was asked to take note of the recommendations from the Committee
on the Elimination of Discrimination against Women and was asked to explain what rights were enjoyed by women and children with disabilities regarding sexual and reproduction policies and freedoms. An Expert raised concern about segregated education for children with disabilities, which was a form of discrimination, and asked the delegation to say what measures were envisaged to avert this situation.
The State party was asked to explain measures to ensure equal enjoyment of rights and freedoms for Romani women with disabilities. The delegation was also asked to say exactly how many adults were under guardianship in Spain.
An Expert raised concern about the Spanish legislation on involuntary hospitalization which was adopted in 2000, long before the Convention on the Rights of Persons with Disabilities came into force, and asked the delegation if there were legal provisions against the involuntary internment of persons in psychiatric homes and other preventive centres.
Questions by the Experts
An Expert asked whether care givers could withdraw vital needs from persons, and what exactly were the legal provisions about this. The delegation was also asked to explain how conflicts of interest were handled with regard to the preferences of the persons with disabilities? The Expert asked to know what limitations there were for persons with disabilities to take part in criminal proceedings, and were there efforts at removing those limitations. Regarding Article 14 the Expert asked why there had been a recent increase to 26 per cent in the detention or internment of persons with disabilities.
An Expert asked for more information on monitoring mechanisms to ensure accessibility facilities. The delegation was also asked to provide more specific data on personal assistance in Spain. Turning to Article 13, an Expert wanted to know the type of legal aid in place for administrative proceedings for persons with disabilities in a court of law.
The delegation was further asked to explain the mechanisms established to allow children and women to make complaints about mistreatment.
Regarding the issue of sterilisation, the Expert asked if the opinion of the persons with disabilities concerned was taken into account before a decision on sterilisation was arrived at and applied.
Another Expert asked whether the current economic recession suffered by the State party had any severe effects on the policies regarding persons with disabilities.
Response by the Delegation
Regarding the issue of detention and internment, Spanish civil law, which was adopted in 2000, declared that there was a need to change this procedure through the ordinary law and have it elaborated through organic law. Until the change to the parliamentary majorities was made the regulation would continue to be applied. This procedure did not refer exclusively to persons with disabilities but to persons with psychiatric disorders. On conditions of confinement in psychiatric centres, the delegation underlined that the national strategy on mental health adopted in 2007 guaranteed equal treatment for persons with mental disorders regardless of their disability, and they were required to meet very strict criteria by the European Union. The criteria were based on individualised care and the broad aim was to avoid stigmatisation of mental illness. The care workers of the only two Spanish psychiatric penitentiary hospitals were strictly only allowed to use physical immobilisation, and nothing else.
Turning to the question about guardianship, there were no specific figures pointing to this aspect because the statistical system in Spain had difficulty establishing this information, although the Ministry had taken measures to improve the system.
The disability target set out by the national long-term strategy was specific to Spain because the State party intended its policies to be cross-cutting and aimed at achieving and surpassing the targets set out by the European Union.
Regarding the involvement of non-governmental organizations and civil society, the State party worked with the Spanish Committee of Representatives of Persons with Disabilities (CERMI) to that effect and all other national organizations were required to bring their recommendations and or complaints to Spanish Committee of Representatives of Persons with Disabilities. In a recent report presented to the European Union, Spain provided concrete information regarding accessibility to the media and technology for all its citizens including in particular, persons with disabilities.
Referring to the question about comprehensive design for buildings, and the involvement of persons with disabilities at the conceptual and realisation levels, the delegation confirmed that it was indeed the case.
The delegation also underlined that an inter-ministerial committee had been set up to explore all aspects of social life and governance particularly affecting persons with disabilities.
Regarding the issue of the implementation of the Convention by autonomous communities the delegation said that the Catalan community had enacted a law which sought to implement the Convention within its territory to cater for persons with disabilities.
The issue of respect for the privacy of persons with disabilities was determined by the principle of consent, which governed the relationship between the health worker and the persons with disabilities concerned. There was equally a legal provision allowing the victim of a violation of privacy to seek redress through a comprehensive appeals system. When a guardian was subject to conflict of interest, the legal provision required that the guardian stepped down from his/her position as guardian.
Between 2005 and 2006 there were many complaints from persons with disabilities to whom access to public transport had been denied. However, since 2007, legislation had been adopted to ensure that the right to access public transport facilities was guaranteed and penalties for defaulters were put in place. Persons with disabilities who had difficulties using Spanish airports had the possibility to seek assistance.
Legal provisions covered and guaranteed the rights to women with disabilities to sexual and reproductive education, training and care. Sterilisation was forbidden by Spanish law and there was only an exception regarding persons with extreme psychiatric disorders. The interpretation of this very intimate aspect of privacy was guided by the Spanish legal system and the burden of taking a final decision depended on thorough consideration of all available information and rested with the judge. Abortion was allowed up to 22 weeks and the health of mothers and the foetus / baby were the basic determinants of these decisions.
In Spain all children, without distinction, were guaranteed access to education. In cases where the children could not be properly educated in mainstream schools, they were placed in special education systems and units designed and tailored for their specific needs. The State party was aware of the distinctions existing in this type of segregation but was working to increase the number of children attending mainstream schools. Education in special-needs schools would only be the case after authorities had examined all other possibilities.
The Spanish Agency for International Cooperation had a broad-based cooperation policy regarding development projects with several foreign countries, including in the realms of health and education. Between 2006 and 2010 the State party had spent 34 million Euros to finance 74 projects in several countries.
Regarding penalties for companies which did not comply with the two per cent requirement, the delegation said that up to 340 penalties had been meted out to companies in 2010 who did not meet the two per cent employment requirement quota while 148 penalties had already been meted out to companies in 2011.
On arbitration measures, the State party was working on how to improve the arbitration system which was currently used at a very low level.
No data had been collected on the Roma that distinguished ethnic origin because that would be discriminatory. However, there was affirmative action to ensure that Roma women and children had equal opportunity to fully enjoy rights and freedoms without any forms of discrimination based on their ethnic origin.
The Government had made an effort not to cut back on social spending despite the economic recession, so there was an effort to maintain the same level of quality in the services and programmes established in respect of persons with disabilities.
Questions by Experts
An Expert asked the delegation to give more information regarding the improvement in the level of employment for persons with disabilities because the Organization for Economic Cooperation and Development’s requirements were far from being met by all its Member States, including Spain.
One Expert asked the delegation to explain the steps taken to improve on the level of independent living for persons with disabilities. The delegation was asked to give more information on the nature of the availability of resources to implement the Organization for Economic Cooperation and Development’s recommendations. The Expert asked for an explanation on how effectively the State party contributed to ensuring that disability was included in its development cooperation with foreign countries.
An Expert inquired about the free mobility of persons with disabilities in Spain who would like to relocate and live in another area, and wanted to know if they would receive adequate support services to undertake such a move. The delegation was asked to explain the insufficiency of legislation guaranteeing the free mobility of persons with disabilities in Spain through the use of airplanes and airports. The expert also wanted to know if there were still children in Spain who did not attend school because of their disability.
The delegation was asked to say why anybody would be justified to take away the right of another individual to vote in an election, given that the essence of secret balloting was to preserve the right of everyone to an opinion. Another Expert asked the delegation to give evidence regarding the retention of the right to vote by persons with disabilities under guardianship.
The delegation was asked to say if medication for illnesses such as HIV/AIDS, and psychotic drugs were available and accessible to persons with disabilities.
An Expert underlined the lack of reference to culture and sports in the report of Spain and asked the delegation to provide information and data on this domain particularly in respect to persons with disabilities. The Expert said that the appointment of an organization such as the Spanish Committee of Representatives of Persons with Disabilities (CERMI) was commendable and asked the State party to ensure that this organisation was provided the necessary resources to carry out its full activities as an Ombudsman.
Response by Delegation
There were statistics developed last December regarding socio-economic and employment data concerning persons with disabilities. The comprehensive strategy for persons with disabilities would start in 2012 and aimed at improving the provision of quality social services for persons with disabilities. One of the main issues covered was that of the independence of persons with disabilities and this independence could only be enhanced by employment and the measures for implementing the Convention had been reformed in order to improve the Spanish policies in that direction. The delegation underlined that it was mindful of the difficulties involved in implementing and improving the level of employability of persons with disabilities but assured the Committee on the Rights of Persons with Disabilities that the State party was working on it and would welcome further assistance and guidance on how to improve on its policies.
Regarding the possibility to lead an independent life, the services in this demand were the most in demand by persons with disabilities and the State party was working to improve the available services as well as to increase them.
There could be differing rates of implementation of national policy because local authorities were often not as pro-active as the central administrative authorities. The State party was exploring ways to assist the regional authorities to ensure that the rights of persons with disabilities were fully guaranteed and respected.
The State party had recently set up a forum to ensure social responsibility and this forum was currently headed by the President of Microsoft Spain and several other corporations were involved. The activities of the forum were aimed at discussing ways on how to improve the employability of persons with disabilities as well as the adaptation of the working environment to facilitate accessibility for persons with disabilities.
Regarding participation in political and public life, there was no obstacle to the right to vote and participate in public life except when a judge had a very concrete reason to determine that a person must lose the right to vote. There was provision for persons with disabilities to be present on an electoral table and those who needed sign language were provided with the service.
Complete information would be made available to public libraries and the Committee on the Rights of Persons with Disabilities with detailed information covering all aspects of efforts undertaken by the State party to fully implement the Convention.
There was a universal national system which ensured that there were no discriminations against persons with disabilities and no access denied to health services.
One of the laws that were being amended to adapt Spanish legislation to the Convention was to do with international cooperation, and this was aimed at boosting Spain’s contribution to achieving the Millennium Development Goals.
The delegation explained that not all universities had included in their curricula courses on universal design, to improve accessibility for persons with disabilities. However, several universities had started complying with the legislation which required that all Universities included universal design in their curricula.
Concluding Remarks
RONALD MCCALLUM, the Committee Chairperson, thanked the delegation for the succinct information provided during this constructive dialogue. He hoped that the wealth of information provided would help both the Committee on the Rights of Persons with Disabilities and the State party’s to improve the livelihood of all persons with disabilities. He invited the delegation to take the recommendations that the Committee would adopt seriously, and to use them to further improve on their implementation of the Convention.
ISABEL MARTINEZ LOZANO, Secretary General for Social Policy and Consumption at the Spanish Ministry of Health, Social Policy and Equality thanked the Committee members for their comments and useful questions and looked forward to accepting their recommendations.
The delegation concluded by underlining that the presence and application of positive discrimination policies were still very necessary in order to attain the two per cent required quota for the employability of persons with disabilities. Once that quota would become normalised, then there would be no need for the positive discrimination measures.
For use of the information media; not an official record
CRPD11/008E