ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Committee on the Rights of Persons with Disabilities
9th session
Geneva, 15-19 April 2013
Supplementary Parallel Report of ParIgual and Disability Council International on the
situation of human rights of persons with disabilities in Paraguay, to serve as a support
for the Committee in its review of the initial report of the Government of Paraguay
during the 9th session of CRPD Committee
&
February 2013
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
INDEX
Presentation
4
Methodology
5
Introduction
6
Articles 1 to 4
7
Article 5. Equality and non- discrimination
8
Article 8. Awareness-raising
8
Article 9 Accessibility
10
Article 10. Right to life
11
Article 11. Situations of risk and humanitarian emergencies
12
Article 12. Equal recognition as a person before the law
12
Article 13. Access to justice
13
Article 14. Liberty and security of person
13
Article 15. Freedom from torture or cruel, inhuman or degrading
treatment or punishment
14
Article 16. Freedom from exploitation, violence and abuse
14
Article 17. Protecting the integrity of the personal
16
Article 18. Liberty of movement and nationality
17
Article 19. Living independently and being included in the community
Article 20. Personal mobility
17
19
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Article 21. Freedom of expression and opinion and access to information
20
Article 22. Respect for the privacy
21
Article 24. Education
Article 25. Health
21
23
Article 26. Habilitation and Rehabilitation
24
Article 27. Work and Employment
25
Article 28. Adequate standard of living and social protection
28
Article 29. Participation in political and public life
29
Article 30. Participation in cultural life, recreation leasure and sport
31
Article 31. Statistics and data collection
32
Article 32 International cooperation
33
Article 33. National implementation and monitoring
34
Article 6. Women with Disabilities
35
Article 7. Children with disabilities
35
Glossary of Abbreviations
37
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Presentation
ParIgual together with Disability Council International (DisabCouncil) a Disability NGO of
universal scope based in Geneva, present this report with the purpose of providing
supplementary information that addresses the implementation of the Convention on the
Rights of Persons with Disabilities in Paraguay, in light of the review of the initial report of
Paraguay to be conducted by the UN Committee on the Rights of Persons with Disabilities.
PARIGUAL is a civil society organization working to protect, defend and promote the
human rights of persons with disabilities in Paraguay and emphasizes the need for a more
active role and full inclusion of persons with disability in society. This DPO is based in
Asuncion.
www.parigual.org
parigual@parigual.org
Tel. +595981252020
Herminio Maldonado 1436
Asunción, Paraguay
DISABILITY COUNCIL INTERNATIONAL shares similar objectives, but acts universally and is
based in Geneva.
Disability Council International (DisabCouncil)
P.O. Box 45
1239 Collex, Geneva, Switzerland
Tel. +41774032345
Fax: +41225802781
Email: info@disabilitycouncilinternational.org
Website: www.disabilitycouncilinternational.org
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Methodology
This report reviews the implementation of the Convention on the Rights of Persons with
Disabilities in Paraguay, taking as a basis of its analysis the initial report of Paraguay to the
Committee on the Rights of Persons with Disabilities.
The idea of ParIgual and Disability Council International is to address the issue of disability
from a global perspective covering all aspects of the rights of persons with disabilities. To
achieve this the report will provide an article by article review of the implementation of
the Convention on the Rights of Persons with Disabilities.
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Introduction
Ad the beginning it is important to provide a number of comments related to the actual
situation of persons with disabilities in Paraguay, in order to frame the subsequent
analysis by articles.
Paraguay is a country located in South America, with a surface area of approximately
406,752 km2; with a population estimated in 2008 of approximately 6,381,306
inhabitants. In the official census conducted in 2002 it was identified that persons with
disabilities did not exceed the 0.98 % equivalent to 51,146 inhabitants. These statystics
are questioned by organizations of persons with disabilities who consider that they do not
reflect the reality. During the months of September and October 2012, the results of the
last population census were unofficially released, which indicated that persons with
disabilities represented some 12% of the population, which we consider to be a more
realistic data.
A peculiarity of Paraguay is that it has two official languages -Spanish and Guaraní -and
that the education of the Paraguayan population according to the established by law no.
1264 must be provided in both languages. While this is a positive approach, however for
the Paraguayan population it can be a problem, for example in ensuring the education of
persons with hearing disabilities, given that their needs must be considered at the time
of the curriculum adaptations and also for those with visual impairment, for whom one
must consider the development of new codes in the Braille alphabet to reflect the letters
and their respective phonetics in the Guarani language.
On the other hand, the differences in conditions between the capital area and the interior
of the country also reflects in the situation of persons with disabilities. Those living in the
capital area have better access to basic services than those in the interior of the country
where large distances are in itself a difficult obstacle. To this one should add the shortage
of financial resources available for the satisfaction of the basic needs of this population
group in particular.
The political situation in Paraguay does not offer the best enviroment it is unstable. The
country underwent a series of changes since the last election in 2008; political parties
were replaced by various movements and platforms, which also have been unstable in
particular since June of 2012 with the change of the President through the impeachment
procedure. Adding to this is the fact that we are at the eve of new democratic elections in
April 2013. All this unstable political environment represents an unfelicitous ground in
which governments change constantly, the adoption of draft laws is postponed, actions
are not taken up to their end, and there is an uncertain future until after the elections and
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
a new government is installed. Only then will be possible to envision the implementation
of the CRPD Convention; its impact can be assessed, and the approach of the new elected
authorities to these issues can be discerned.
Article from 1 to 4.
The recent establishement of the National Secretariat for the Human Rights of Persons
with Disabilities (SENADIS), by law no. 4720 of 2012, represents a significant step forward.
However, there is little impact in these changes of “faςade”, since the legislative
harmonization with the terms established by the CRPD remains insufficient, as there are
laws whose terms have not yet been harmonized with the principles laid down in the
CRPD Convention. For example, there are no longterm programs or plans of action
intended to educate through campaigns the general population about the use of
appropriate terminology. Therefore the realisation of isolated training workshops on the
proper use of terminologies is insufficient as they cannot produce the desired results in
the long term.
On the other hand, even the State institutions responsible for the care for persons with
disabilities do not yet contemplate the use of the terminology suggested by the CRPD
Convention. Similarily, in the training of professionals, appropriate terminology is not
used, and for this reason students still are not given training that could enable them to
develop greater sensibilization to human rights issues.
Recommendations:
-
SENADIS should develop public policies intended to establish lines of action that
include the adoption of programs and plans of action calling for the use of
appropriate terminology. The foregoing must be carried out in coordination with
the SICOM in order to achieve greater impact throughout the whole national
territory.
-
The national legislation should also be harmonized with the terminology
established by the CRPD Convention.
-
It is suggested that a valid strategy would be to consider the inclusión of the use
of appropriate terminology in the training of new professionals so that they may
be formed with the human rights approach.
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
-
Taking into account the absence of a comprehensive legislation on the Rights of
Persons with Disabilities, we propose the use of the National Plan on Human
Rights as a reference framework since it contemplates gobal public policies
intended for persons with disabilities. Also taking into account that at present
the existence of laws and isolated initiatives do not produce the desired impact in
favor of persons with disabilities.
Article 5. Equality and non-discrimination
The State has not progressed in the adoption of the draft law against any form of
discrimination. On the other hand, the proposed law against discrimination towards
persons with disabilities lacks a global and inclusive approach in relation to other groups
who are also victims of discrimination.
While there is a Plan of Action on Equality and non-Discrimination in the Public Service,
established by Decree No. 7839 of December 2011, this covers a tiny minority of people
that have access to public posts, leaving unprotected those persons with disabilities who
are not employed in the public sector.
The small number of institutions listed in the initial report of the State, denotes a lack of
implementation of this Plan of Action by a majority of public institutions. It also means
that the Directorate for Human Rights, Equality and Inclusion of the Ministry of Public
Administration does not have sufficient human resources, qualified and trained
technicians to meet fully its objectives.
It is evident that there is a structural and mandate deficit in the Ministry of Public
Administration which prevents its monitoring work of the implementation by all State
organs of the National Plan of Action on Equality and non-Discrimination in the Public
Service.
Recommendations:
-
There is a need to adopt implementating legislation for article 46 of the
Paraguayan Constitution, in a way that protects against all forms of
discrimination in all areas and against everyone.
-
There is a need to strengthen the Directorate for Human Rights, Equality and
Inclusion of the Ministry of Public Administration.
-
On the other hand, we consider that law 1600/00 concerning public service
contains contradictory provisions: while article 23 stipulates that disability will
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
not be an obstacle for access to employment in the public sector, the same law in
article 40 provides that an employment relationship may be ceased in cases of
physical or mental disability of an employee; we therefore recommend that this
law is changed to conform it to the CRPD Convention.
Article 8. Awareness-raising
Different terminology is used in Paraguay to describe persons with disabilities, they
include: “invalid”, “disabled”, “abnormal”, and in many cases of different capacities,
which prevents the positive identification of persons with disabilities, the issue is more
viewed from a medical point of view, without consideration of connected social factors.
Considering that the country is bilingual and that a large number of the population
understands and expresses themselves in Guarani rather than Spanish, this requires
that for example in the interior of the country awareness-raising campaigns are
designed in Guarani. But in doing so, it is important to take into account that the
language Guarani lacks a term that could encapsulate the real meaning of the
expression "person with a disability", and that this might create some difficulties.
In relation to this article, we note the absolute lack of State involvement due to the
absence of State actions that could promote education on aspects related to the rights of
persons with disabilities. Instead we could note that the government carried out an
awareness-raising campaign in the streets in 2012 that actually promoted a rather
negative image of people with disabilities, since it included a wheelchair image. This
campaign was promoted by the Ministry of Public Works and Communications, and
despite the protests of some organizations, the posters were not removed.
There is a deficit of spaces that promote the training of leadership skills to persons with
disabilities who represent the community of persons with disabilities; this is further
aggravated by the absence of women with disabilities who are leaders.
Recommendations:
-
There is a need for organizations of persons with disabilities to promote the
emergence of their own leaders who can be trained and empowered with an
emphasis on the participation of persons with disabilities in all the spaces as
subjects of human rights. Special attention should be given to the participation
and representation of women and girls with disabilities.
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
-
Promote capacity building campaigns for persons with disabilities about their
rights in accessible formats and adapted technologies.
-
Promote awareness raising campaings with the population about positive and
non discriminatory attitudes towards persons with disabilities, and which call for
inclusion within the framework of diversity.
Article 9 Accessibility
The Law enacted in December 2012 on Accessibility requirements, and the Manual of
Technical Standards developed by the National Institute of Standardization (INTN) with
the participation of public institutions and civil society envisioned these standards to be
implemented both for the design and construction of the Public Buildings, as well as for
the adapatation of these buildings.
In the urban context, we note that in recent times, particularly in the urban area new
ramps were build, but these should be monitored and evaluated by the same municipality
in order to ensure compliance with the technical specifications since the adaptations do
not correspond in practice to the needs of the users. In the interior and in rural areas,
similar initiatives are scarce.
Recommendations:
-
It is important to have a record of public institutions in which adjustments and
necessary adaptations were made after or prior the adoption of the Act in order
to facilitate accessibility. In the same way, the record should indicate whether
the adaptations made comply with the technical standards.
-
It is important to continue to implement the relevant legislation in the
construction and renovation of buildings, in particular in the interior of the
country and rural areas.
In relation to the topic of public transportation it is worth noting an initiative that
involved provision of training for the drivers of the urban area. This initiative should be
extended to transportation units in the interior. Also in many cases this training should
be strengthened in terms of the need to ensure respect for the Law No. 3565/07 which
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
establishes that blind persons may travel free of charge in all means of public
transportation. However, despite this, it was reported that in many cases blind persons
were not permitted to access or use the means of public transportation free of charge.
To date, there have been no tangible changes in the public transportation services, since
the units are characterized by their inaccessibility as they do not contemplate the
technical standards required, are old, in precarious state. There are no transport units
with ramps, and there are even companies that use reels that prevent and hinder access
to the units, even though carrying out this practice in prohibited by Municipal regulations.
While there is an oficial State controlling body, the same does not perform the actions of
audit or of imposing penalty for breach of the regulations.
Recommendations:
-
The Law No 3565/07 which provides for free of charge transportation does not
contemplate as beneficiaries persons with the various types of disabilities only
those with visual impairement. Therefore there is a need to expand the law No.
3565/07 to cover all persons with all forms of disability.
-
On the other hand, it is important to emphasize that the web pages of the
various public institutions are not disability friendly.
-
Access to information is limited in Paraguay, although there is law No. 4336/11
regarding the obligation to use sign language in the news, it is not respected.
There is also lack of skilled human resources that could provide services of
interpreter of sign language. Therefore the State is recomended to train relevant
civil servants, and provide these services in all public institutions.
Article 10. Right to life
While there is a presumption of the practice of female infanticide by the indigenous
peoples, there are no official data that demonstrate this assertion; in contrast there is
evidence to show the presence of indigenous people with disabilities.
Recommendations:
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
-
It is important during the next census of indigenous peoples to include
disagregated information regarding indigenous persons with disabilities and that
the Institute for the indigenous people jointly with the Ministry of Public Health
disclose information about the living conditions of the newborn indigenous
children.
Article 11. Situations of risk and humanitarian emergencies
It could be deducted from the report of the State that Paraguay does not count with
disability specific actions within the national policy for risk and disaster management.
Recommendations:
-
It is suggested that the National Emergency Services develop policies on health
care for people with disabilities in emergency and disaster situations and these
policies are implemented in coordination with the civil society and other relevant
organs involved.
Article 12. Equal recognition as a person before the law
There is an urgent need for harmonization of the Civil Code, the Code of Civil Procedure
and the Electoral Code. In the latter case, it is necessary to point out that in the
forthcoming election of April 2013, many persons with disabilities will not have access to
the vote on equal terms, either due to the existing legal prohibition in the Electoral Code
Act No. 834/1996 (article 91) which has not been changed yet, or because of the
absence of institutions and mechanisms to facilitate the access to the polling stations in
the entire territory. To date there is still no legislative initiative to amend Articles 37, 73
and 89 of the Civil Code.
The State does not show intention of making the relevant changes in the existing civil
legislation, to harmonise it with Article 12 of the Convention, and therefore, the needs of
persons with disabilities in this area remain unattended. This situation is most damaging for
persons with intelectual disability who are in a situation of greater vulnerability because of
the prevailaing system of guardianship often imposed on them by which they are declared
incompetent and inapt, leaving their opinions or decisions subject to the will of their
guardians. A mechanism of control exists, but since it consists in reports submitted by the
guardians themselves to a judge, such control mechanism does not provide guarantees
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
for the person declared incapable and inapt. This mechanism will need to be changed in
order to conform with the provisions of the CRPD Convention.
Recommendations:
-
Although, at this stage preparations for the forthcoming elections are already
well advanced at the national level, it is suggested that some effort be done even
the smallest one to widely disseminate information through the mechanisms of
the SICOM and in this way raise awareness among citizens, families and persons
with disabilities about their fundamental right to vote and that efforts are made
to facilitate the process in both the urban and rural areas of the country.
-
On the other hand, the State should be urged to initiate a process of revision of
the Civil Code, Electoral Code and the Code of Criminal Procedure to conform
them with the CRPD Convention.
Article 13. Access to Justice
While the initiatives reported in the initial report of the State concerning Access to justice
are auspicious, they should be continued so that visible changes can be noticed in the
daily practice, giving special emphasis to the interior of the country.
The absence of official data on complaints received and their monitoring by the
National Police and the Office of the Prosecutor, from the very beginning until they
reach the Judiciary highlights the lack of a policy for the promotion of knowledge
enabling persons with disabilities to defend their rights. The available mechanisms of
protection, to where they could go to lodge complaints also remain largely unknown to
them.
Recommendations:
-
It is suggested that the State seek to mainstream the theme of "disability" in the
ongoing capacity building activities intended for the Judiciary; as well as for
those responsible for ensuring access to justice, so that they may have concrete
understanding of the specific needs of persons with disabilities, given that at all
times access to information in accessible format must be granted. Equally the
access to the buildings must be facilitated for persons with disabilities.
Article 14. Liberty and security of person
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
In accordance with the report submitted by the State, there is no protocol nor any
initiative for implementation of a protocol regarding the authorization of hospitalization
of persons with psycho-social and intellectuals disabilities. This therefore remains a
pending issue.
The renovation work in the Prison of Tacumbú reported by the State does not specify
whether this renovation will also be of direct benefit to the ward for persons with
disabilities.
Recommendations:
-
While Paraguay has a Mental Health Policy in place, it still must increase the
available resources for beginning the process of deinstitutionalization of those
that can return to their community and can be assisted in the different
healthcare centers of the community. These centers should also be staffed with
mental health professionals formed with the need in mind of the comprehensive
rehabilitation of the person, which includes future labor insertion and full
inclusion in society.
-
One of the fundamental needs of person with psyco-social disability is access to
pharmacological therapy. This needs to be contemplated by the State in the
provision of resources, thereby ensuring that a person will not abandon the
recomended therapy for economic reasons.
Article 15. Torture or cruel, inhuman or degrading treatment or punishment
In 2012 work for the harmonisation of the national legislation concerning torture with the
international standards, was concluded. Equally in 2012, the members of the Naional
Preventive Mechanism on Torture were elected.
Recommendation:
-
It is suggested that the members of the National Preventive Mechanism on
Torture closely follow the situation of the persons with disabilities interned in the
Neuropsychiatric Hospital, to ensure that their personal integrity is respected.
Article 16. Protection against exploitation, violence and abuse
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
We note the absence, and therefore the need for capacity building campaigns on
protection against violence and trafficking in persons which should be disseminated in
accessible formats and be directed particularly at women, children and adolescents with
disabilities.
There were cases of violence against persons with disabilities particularly intellectual
disabilities, and when these persons reported such acts of violence or sexual harassment
there was no immediate response on the part of relevant public officials responsible for
receiving the complaints. This showed they had no specialized training in the subject. This
has hampered the delivery of the needed support and the required follow up to the
complaints and cases of violence and ill- treatment.
On the other side, from the absence of statistical data it can be inferred the lack of proper
handlling of these complaints, and therefore the failure of the State to comply with what
is established by the CRPD Convention.
While it is true that there is an institution of the State - the Directorate of Human Rights,
Equality and Inclusion within the Ministry of Public Adminstration - created to review
complaints about labor exploitation, and harassment, this institution has not been
successful in its work, because it issues only non-binding opinions on complaints.
Moreover, the institution does not deal with complaints of those engaged in the private
sector or in the informal sector of the economy.
There is also information regarding the exploitation to which are subjected persons with
disabilities by relatives or others, however, there are lacking specific campaigns to
increase awareness among the population to denounce acts of exploitation by relatives
or others who derive economic gains out of it.
There are cases of persons with intellectual disabilities engaged in gainfull employment,
but who have not been able to make use of their financial remuneration for the service
they provide, because their families and/or caregivers make use of these resources.
Recommendations:
-
It is suggested that the authorities responsible for complaints include in their
records disagragated data about persons with a disability with the ultimate goal
of identifying problems affecting persons with disabilities, to enable the taking of
measures to provide them with greater protection.
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
-
It is recommended that the State look carefully at complaints regarding persons
with disabilities who claim to gain salary for equal work inferior to that of those
without disability and that the Ministry of Public Administration is given a
mandat to monitor compliance with laws no. 2479 and 3585 defining sanctions
for non compliance.
-
Similar recommendations must also be made to the Paraguayan State so that
through the Ministry of Women’s Affairs, it ensures the inclusion of women,
adolescents and girls with disability within the campaigns undertaken for the
eradication of domestic abuse and trafficking in persons.
-
It is recommended that the Ministries of Justice and Labor and the Ministry of
Public Administration promote awareness-raising campaigns intended for the
family members and/or carers, in addition to training intended for persons with
disabilities themselves, particularly to those persons with intellectual disabilities
concerning the administration of their income.
Article 17. Protection of personal integrity
The State does not deal with the issue of integrity of the persons with disabilities in a
comprehensive manner. The actions undertaken are given in schemes that do not form
one single coherent whole, in which the human rights education for the promotion,
protection and recognition of the integrity (both physical and mental) of persons with
disabilities, and their family and work environments necessarily cannot lead to the
promotion and protection of personal integrity.
This is reflected in aspects relating to the decision-making on personal aspects, physical,
and acts of disposition of assets, since the views of these persons with disabilities are not
considered and decisions are even carried out on many occasions based on or influenced
by positions of other third persons belonging to their immediate surroundings.
It is important to add that civil society organizations of persons with intellectual
disabilities were only recently established, which is a reflection of the interference of third
persons.
Recommendations:
-
The State must develop policies with a focus on rights for persons with
disabilities, in areas other than healthcare.
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
-
The State should seriously consider revising the laws which violate the personal
integrity of persons with disabilities, so as to conform them with the provisions of
the UN Convention on the Rights of Persons with Disabilities.
Article 18. Liberty of movement and nationality
There are data provided by civil society organizations that attest to the fact of a large
number of persons with disabilities who lack documents of civil identification. At the
time of the submission of its reply to the List of Issues of the Committee, the State did not
inform about the progress in the revision of the Act on Migration as requested in the list
of Issues of the Committee.
On the other hand, the National Police through its Department of Identification does not
have in its database information in relation to disability. This data would be useful and
it would give greater visibility to the issue of disability, and from this, it would also be
possible to know the numbers of persons with disabilities possessing Identity Cards.
On the other hand, it is worth noting that at least in the capital, at the headquarters of
the Deptment of civil identification of the National Police, an initiative is undergoing
consisting in making some accessibility compliant adaptations to the buildings. There is
also an incipient willingness to provide a preferential treatment to persons with
disabilities.
Recommendations:
-
The State must make greater efforts and provide all persons with disabilities
with Identity Cards, and particular attention should be given to the interior and
rural areas of the country, where the factor distance is an obstacle considered in
requesting and obtaining a document.
-
The State must launch a global campaign to raise awareness of families about
the need and importance of persons with disabilities having their personal
documentation (an Identity Card).
-
On the other hand, the State also should speed up the procedures and ease the
costs for the documentation of persons with disabilities since in many cases we
find adults without birth certifícates. They also need to rely on sponsored lawyers
as they do not have enough resources, and this renders lengthier the whole
process of finding out solutions to simple problems.
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Article 19. Right to live independently and to be included in the community
a. Residence: The homes where children, young people and adults with disabilities
live as cited in the report of the Civil Society organizationsdoes not provide
disaggregated data on gender, and the lack of official information in the initial
report of the State this regard denotes the lack of control by the State. It is also
necessary to analyze the sustainability of the existence of private households and
the existing control mechanisms. With regard to the public institutions, where
persons with intellectual or psychosocial disability live, there is no data on
financial and human resources allocated, and through what mechanisms the
quality of services is monitored. It is not known either whether there is a basic
protocol regulating the admission of persons with disabilities in these institutions.
Likewise there is no official data of the State organs or from civil society
organizations about institutions for the elderly, in which, according to press
releases, the majority of interned are persons with disabilities. This should mean
that there is no information about which body is responsable for the operation of
these insitutions, or about the admission protocols and control mechanisms.
b. The Paraguayan State does not offer any specific home-based care services, or
other community-based support services. There is a lack of staff specially
designed and prepared to assist persons with disability to enable them to carry
an independent life, and therefore be included in the society. While the Ministry
of Public Health has Units for Family Health that visit homes with coverage in rural
areas, there are no specific services for persons with disabilities. Persons with
disabilities who require external support for living are mostly assisted by members
of their own family. The State does not provide grants to the family members that
are responsible for care and assistance to persons with disabilities. Since the year
2011 the Agency of Cooperation of Japan (JICA) has been carring out a pilot project
for leaders of communities of persons with disabilities that consist in their
participation in a program of independent living, in order to enable them to
familiarize themselves with such programas, with the hope to see the model
replicated elsewhere in Paraguay.
c. Public buildings and other facilities do not have yet accessible adaptations,
although some of these institutions and public spaces had been adapted. But the
improvements made in public spaces (for example sidewalks) and public buildings,
do not meet the universal standards of accessibility. For example sidewalks have
no corresponding signage to facilitate the mobility of persons with visual
impairements.
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Recommendations:
-
Implement the Accessibility Act recently adopted as supported by the Manual of
Technical Standards governing the design and adaptation of the urbanistic and
arquitectonic spaces to enable the liberty of movement of persons with
disabilities.
-
It is further suggested that the State should adopt efficient mechanisms to
provide support services for those dependent and in need of this support and
care.
-
The Paraguayan State should follow up in order to monitor and control the work
of institutions for persons with disabilities and develop plans of deinstitutionalization of persons with disabilities, in particular children and
adolescents with disabilities, and develop transitional activities of inclusion in the
community, in cases in which this practice is favorable for the good development
and improvement of the quality of life.
-
The State must provide máximum attention to older persons with disabilitiess,
and in particular those in institutions in order to protect their mental health and
develop other positive measures for a healthy lifestyle.
Article 20 Personal mobility
Public transportation in Paraguay is not accessible to persons with physical and visual
impairments. Mobility in the streets is difficult, in large measure due to the many
architectonic barriers. There are no training services offered for guide dogs for persons
with visual disabilities. There is no specific research policy for the implementation of
technological innovations that promote inclusion of people with disabilities. Access to
wheelchairs, and other products that can facilitate the mobility of persons with
disabilities is insufficient, because the demand is greater than the capacity of response
of the State made through the National Secretariat for the Human Rights of Persons
with Disabilities (SENADIS) and the Department for Charity and Social Assistance
(DIBEN); in addition, the handling process, from the moment of request until provision of
the requested technical devices, mobility aids for persons with disabilities, remains poor.
The Paraguayan State does not have the qualified human resources trained to assist
specifically those persons with disabilities with needs related to their mobility. While it is
true, training was conducted through workshops for drivers of public transport, this is not
19
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
sufficient, since the public transport is not accessible to persons with physical and visual
impairements due to the existing barriers.
It is important to add that public transportation services, particularly the transportation
units, are characterized by their inaccessibility since they do not contemplate the
required technical standards and are obsolete and in a very precarious state. There are
no units with ramps, and there are companies that use reels that prevent and hinder
access to the transportation units, contrary to provisions of the relevant Municipal
regulations. Likewise, the rules regarding seats reserved for persons with disabilities,
pregnant women and older adults in public transportation units are not respected.
Recommendations:
-
It is suggested that the State should have mechanisms to sanction those that do
not respect the seats reserved for the persons with disabilities in the public
transport and make effective the sanction so to ensure a respectiful conduct in
the public transport.
-
Similarly while the law No. 3565 entitling persons with visual impairment
accompained by one assistant does provide for a mechanism of sanctions, this
mechanim does not work; therefore greater control should be exercised because
in many cases the life of persons with visual impairment is put in danger as
transport units do not stop in a way to facilitate safe entry and descent of
persons with disabilities often occasioning their missteps and accident.
Article 21. Freedom of expression and opinion and access to information
The right to freedom of expression is limited particularly for persons with a hearing and
visual forms of disability. In spite of the fact that there is a law on sign language, this law
still requires implementation legislation. The State reported no progress on this point.
While it is true, that there is a law that requires the media to carry out its transmissions
with sign language interpreter, this rule is not respected, and no sanctions are imposed
for this violation. The State must work to provide training in the use of accessiblity
technology for persons with visual impairements, thus ensuring their access to information
through the internet. In addition, websites owned by State organs are not accessible,
making it even more difficult to access information for persons with visual forms of
disabilities.
20
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Usually the views of persons with disabilities are not taken into consideration,
particularly on cross-cutting issues to disability. Nor there are policies or plans of action
intended to provide space for self-expression of persons with disabilities. This constitutes
a limitation on the exercise of the right to freedom of expression of persons with
disabilities.
In many occasions, persons with intelectual disabilities are overwelmed by opinions of
family members and friends, without these expressions representing their own feeling
and thinking.
Recommendations:
-
Adopt implementing legislation for the Act on sign language in order to facilitate
its implementation.
-
The State must render its websites accessible for the use and access to
information of persons with disabilities.
-
The dissemination of materials developed by the State must be in formats
tailored to persons with disabilities, it must encourage and facilitate the training
of persons with disabilities in accessible technologies to allow them to express
themselves.
-
The State must promote spaces of self-expression for citizens, particularly for
women with disabilities.
Article 22 Respect for the privacy
There are attitudinal barriers engendered by relatives, neighbors, State officials and
citizens in general. For this reason respect for privacy is compromised depending on the
magnitude of the dependence of the person with a disability.
Violent, discriminatory and aggressive attitudes toward persons with disabilities can also
be discerned. This is due either to ignorance or lack of overall education in human rights.
This is in addition to the lack of general social awareness about the need of equal
treatment and non-stigmatization of persons with disabilities.
Recommendations:
21
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
-
The Paraguayan State through its various Ministries should include in the
contents of its training on Human Rights, the topic of the Convention on the
Rights of Persons with Disabilities, to contribute to the elimination of the
attitudinal barriers that violate the privacy of persons with disabilities, in
particular.
-
The promotion of a positive image of persons with disabilities both from the
personal and social perspectives, should be the tenor of the messages issued by
the public institutions in order to build a new civic consciousness.
Article 24 Education
In Paraguay, since 2008, the new organizational chart of the Ministry of Education and
Culture (MEC), incorporates a Directorate General for Inclusive Education (DGEI) to which
are subordinated two other organs: the Department of Education of Persons with Special
Educational Needs (DEPNEE) and the Department of Educational Care for Children,
Adolescents and Young People in situations of risk.
On the other hand, the mandate of the Directorate General for Inclusive Education (DGEI)
should have been cutting accros all Departments of the Ministry of Education and Culture
(MEc), in order to ensure the inclusion of children, girls, youth, and adults with disabilities
in any of the subsystems within the national educational system. But unfortunately so far
even within the the same Ministry of Education and Cultural (MEC) there is no
collaborative work that could reflect the success of a policy of Inclusive Education since
there continue to exist persons with disabilities outside of the education system.
There are several factors that negatively impact on the succesfull implementation of a
policy of Inclusive Education, including the fact that teachers lack knowledge of the
curriculum development strategies, and teaching methodologies designed for persons
with disabilities. Similarly, the lack of economic resources prevents the provision of
educational materials tailored to the needs of students with disabilities, even though
this is a requirement under the General Education Act No. 698 concerning the “special
educational needs”.
It is important to note that another factor hampering the implementation of a policy of
Inclusive Education is the prevalence of attitudinal barriers in society, either coming from
families members, or from the very teachers that make up the educational community
and whose prejudices in many cases prevent children, youth and adults with disabilities
from attending schools on a regular basis.
22
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
In rural areas the distance between schools and places of residence of the persons with
disabilities affects the whole education process due to inaccessibility or absence of
transportation means to assist schools.
Although the Department of Education of Persons with Special Educational Needs
(DEPNEE) in the Directorate General of Inclusive Education of the Ministry of Education
and Culture counts with the Services of Early Attention (SAT) these do not cover all
regions of the country and therefore cannot reach out to all the boys and girls with
disabilities from age 0 to 6 years who require the services.
Another element that we should not forget is that the presence of specialists that
understand disability and their specific requirements are scarce in Paraguay. In
addition the aid techniques that can facilitate the teaching-learning process are also
scarce. To this we add the high costs because most of these aid techniques must be
imported for lack of domestic manufacture.
In the field of higher education, progress in the implementation of the policy of Inclusive
Education is still less visible because only a small percentage of persons with disabilities
reach the various universities, both public and private. It should be noted that in March
2012, in the National University of Asunción, was created with the support of international
co-operation, the Care Service for the needs of persons with disabilities – (UNAI) whose
aims is to help students with disabilities who are already part or are willing to be enlisted
in the various universities.
Recommendations:
-
It is recommended that the Paraguayan State provide the relevant resources to
the Directorate of Inclusive Education to enable it to provide schools with specific
teaching materials. These materials should take into account the individual
abilities of each student with a disability within the regular system of education.
-
In the same aspect of Inclusive Education, the State through the Ministry of
Education must provide financial resources intended for the ongoing training of
the teachers on topics that allow them to pay greater attention to issues of
disability in the classroom such as adapted methodologies, curriculum
adaptations and successful adaptation programs.
-
The Ministry of Education and Culture, through its Department of infrastructures
should adopt the Technical Standards of Accessibility and put them into practice
in their work to improve the buildings of the Educational Centers and Institutions.
23
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Article 25 Health
While free public medical service is established by law in Paraguay it is important to
note that in most cases the financial resources available for healthcare centers are not
sufficient and therefore this affects the provision of drugs and the conduct of studies of
medium and high complexity. The situation is worst in the rural areas where there are
already only few healthcare centers and public hospitals.
The capacity building campaigns about reproductive health and family planning do not
conform to the requirement of accessible information with alternative means. At present,
there is little information about the topic of sexual and reproductive health for persons
with disabilities. This problem is worst in spaces such as the family environment of
persons with disabilities, since it is still considered by many families as a taboo speaking
about sexual and reproductive health of women with disabilities. This happens for lack
of information, lack of access to and use of methods for preventive care as well as the
lack of family planning.
Recommendations:
-
-
Train and educate providers of health care services on aspects related to the
medical needs and about the attention required in dealing with persons with
disabilities.
Promote the improvement of the specific services relating to persons with
disabilities.
Article 26 Habilitation and rehabilitation
While the current managing board of the Institute of Protection of Special Persons
(INPRO) in the National Secretariat for the rights of persons with disabilities (SENADIS)
does contemplate actions of community-based rehabilitation, these actions are not yet
sufficient to respond to the needs of rehabilitation as a whole. It should be noted that the
western region Chaco of Paraguay gets no assistance at all, and this requires attention.
While there are civil society initiatives, these are restrcited to the provision of materials
necessary for the technical rehabilitation. However, there is a lack of professionals who
need to be transferred from the capital city. This makes it even more difficutl to achieve
an effective rehabilitation of persons with disabilities.
In the sensory area, especially in cases of visual impairements, there is at the country
level only one Rehabilitation Center for the Blind and in the interior there are only a few
24
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Training Centers. These are the only institutions that try to give some kind of response to
the rehabilitation needs of persons with visual disabilities.
In the field of psycho-social disability there cannot be any talk about rehabilitation since
the only existing Neuropsychiatric Hospital in the country does not even have a
rehabilitative orientation. It is an interning psychiatric institution without a plan
designed to address the social reintegration of persons with disabilities as an
institutional policy.
The actions on rehabilitation reported by the State refer to a large involvement o
international actors and professional volunteers. This information is remarkable because
of the concern that it generates about the real possibility of the sustainability of the
actions undertaken due to the absence of invested proper resources of the State.
Recommendations:
-
The same Healthcare Code should be implemented by the Ministry of Health in
the area of rehabilitation because articles 55 and 56 of this Code provide for the
establishment and coordination of rehabilitation services, but special emphasis
should be given not only to medical but also the social aspects in order to
contribute to the achievement of the long-awaited "inclusion".
-
The SENADIS, having in mind its role of manager should coordinate steps with the
Ministry of Health in order to ensure that all actions are undertaken as part of
the requirement of the CRPD Convention to ensure a human rights approach.
Article 27 Labor and Employment
In the field of labor and employment in Paraguay some progress can be seen in the public
sector specially after the adoption of the Act 2479/04 and Act 3585/08 which amends the
previous in certain articles, however, the established employment quota for persons with
disabilities of 5% is still far from being met, despite the fact that an inter-section body of
the Public Administration advises and endorses selection for jobs in the Public
Administration on the basis of merit and abilities.
There are more men than women with disabilities employed in the Public Sector. It should
be noted that the difference is greater than 50 %. Also, it is evident the practice of
recruitment of persons with disabilities to lower-level positions and with a remuneration
less than that of persons without disabilities, despite fulfilling similar functions.
25
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
The so-called public calls for positions in the public sector many times do not include all
types of disabilities, generating a significant difference between the disabilities included
in the public sector. Usually persons with intellectual and psycho-social disabilities have
lower numbers of employment opportunities in this area.
Moreover, in order to be able to benefit from the facilities provided by Act 2479/08
concerning inclusion in the Public Service, a person with disabilities must have a
Certificate of Disability issued by INPRO. However this Institute does not have enough
technical expertise on the subject, and for this reason for example it delegates
responsiblity for issuing certificates of disability, for persons with psychosocial
disabilities, to the Neuropsychiatric Hospital. In addition, it should be emphasized that
the process for obtaining this certificate is extremely bureaucratic and as established by
law it is only valid for 2 years.
With regard to employability in the private sector the relevant Act has not yet been
adopted, and the draft of this Act is still in the Parliament, and has been endorsed by
only half of the Members of Parliament.
In the same manner as noted already in the comments with regard to Article 24,
concerning the education of persons with disabilities, it is important to note that because
this education is deficient, it also represents an obstacle to employment for persons with
disability.
The Labor Code establishes that the National Professional Advancement Service (SNPP) is
responsable for the occupational training of the Paraguayan population. One factor that
should be mentioned is the lack of strategies of promotion of occupational training
appropriate to the demands of the context which should be offered either by the SNPP or
SINAFOCAL which are bodies dependent of the Ministries of Labor and Justice, which were
established specifically to provide training for the employment of the general population.
Equally the Directorate of Inclusive Education in the Ministry of Education and Culture
(MEC) has a Job Training Center located in the capital, but the options of occupational
training of this Center often do not meet the demands of the market and are limited to
small occupational interventions rather than leading to more solid projects of building of
micro-enterprises with the ultimate aim of bringing economic growth for persons with
disability and their families.
The implementation of the initiative of markets of employment is an opportunity for
helping persons with disabilities to find new jobs, as well as the planned inclusion in April
2013 of the theme of disability as a positive condition for applicants for jobs.
26
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
The need for reasonable accommodations in the workplace is another area that in most
cases still requires an adequate response on the part of the State because of the lack of
financial resources devoted to this aspect.
It is known that in recent times there were complaints made to the Ministry of the Public
Administration concerning detected irregularities in the work of different institutions of
the State who failed to comply with the quota established for admission of persons with
disabilities and who failed to provide positive facilities for access to public service of
persons with disabilities.
On the other hand, it is also important to note the absence of actions undertaken by the
State intended to build a positive image of persons with disabilities according to their
skills, which makes it difficult to a greater extent the effective integration of persons
with disabilities. In addition, this also shows that those responsible for human resources
in the public institutions are unaware of the type of work or activities that could be
performed by persons with disabilities.
The support and access to micro-businesses is hampered since State-owned banks, which
should contemplate actions in favor of financial policies of inclusion, do not provide such
facilities of access to small loans to build projects intended for the benefit of persons
with disabilities.
In rural areas the Agricultural Credit does not have a component for agricultural
enterprises of persons with disabilities.
In the legal field we can note the existence of contradictory laws that in many cases
create ambiguity at the time of their implementation in favor of persons with
disabilities: for example article 78 of the Labor Code establishes that in cases where there
is a disability acquired by work-related accident the person must be retired and excluded
from the workplace, but the Act No. 2479 with its amendment establishes a quota for
persons with disabilities in the public sector.
Unemployment in Paraguay is also reflected in the group of persons with disabilities given
that only those with a good level of functionality and good occupational training are
able to keep their jobs in both the public and private sectors. It should be added that no
official records are reported on persons with disabilities who are working in the informal
sector of the economy.
Within the framework of the eradication of discrimination in the workplace, it is important
to note that the Ministry of Public Administration has a Public Plan of equality and non
27
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
discrimination. The resolution No. 942 of 2009, which establishes the basic framework of
the policies of non-discrimination and inclusion in the Public Service prohibits any kind of
discrimination. Likewise article 60 of the Act 1626 of 2000 on the Civil Service, prohibits
public officials to "discriminate in any kind in the discharge of their functions" and this
prohibition is considered a serious misconduct established in article 68 of the same Act. As
a strategy for the receipt of complaints, the SFP has enabled a special phone line 175 for
submission of complaints base on discrimination and workplace bullying in the public
sector. However, there is no official data concerning cases submitted or the follow-up in
the ordinary courts.
Recommendations:
-
Modify the labor legislation prohibiting to persons with an acquired disability the
right to work so as to conform it with the provisions of the CRPD Convention.
-
At present the mechanism used for the handling of complaints is the preparation
of opinions by SFP, which are forwarded to the relevant institutions, however
these opinions are not binding, therefore its implemention is left to the good will
of the institution found in violation of the relevant norms. It is necessary to
strengthen the sanctioning mechanism in cases of discrimination, so that
complaints are properly handled and effective sanctions imposed in accordance
with the CRPD Convention.
-
More positive affirmative actions measures are needed aimed at promoting
greater inclusion of women with disabilities in the labor sector.
-
There is a need to increase the efforts for the adoption of the draft law
concerning the labor inclusion of persons with disabilities in the private sector.
-
Develop policies aimed at promoting access to micro-businesses projects for
persons with disabilities and to train people with disabilities to carry forward
such joint-venture projects.
Article 28. Adequate standards of living and social protection
In Paraguay, since 2008 there are programs developed to erradicate poverty like for
example the Program Tekopora used to subsidize families in condition of poverty. These
programs provide additional subsidies to families with a member with disability,
28
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
however, the amount given for each person with a disability is negligible, and does not
address the real needs or expenses of a person with a disability.
In the same way, the Program “hug you”, supports families of school age children in
conditions of poverty, but to date does not take into account boys and girls with
disabilities due to the lack of implementation of affirmative action in this area. Mostly
for lack of adoption and implementation of the operative rules for provision of subsidies
to welcoming families and institutions of residential care reported by the State.
The State does not address the situation of persons with disabilities in situation of
economic dependency whose degree of care needs prevents them from working and
therefore are excluded from any possibility of obtaining income of their own, and
therefore, chant the poverty belt. In the same way, it is known that the families of persons
with disabilities in situation of permanent dependency suffer themselves from lowincome. This is often due to the fact that they have no time to engage in work activities
or hold a job because they are required to devote themselves to the care and assistance
that requires a person with a disability. To these situations, the State does not provide
for any type of responses or approaches that are directed to alleviate the asymmetries.
The Institute of Social Welfare within the normative framework, regulates the pension of
those workers who for some situation of incapacity to work, or for any type of sickness or
accident at work, cannot continue to develop the tasks assigned to them at their place of
work. In this regard, it is important to note that in most cases these pensions are of little
economic amount and usually do not cover the basic needs of the person with a
disability.
The program of food subsidies intended for older persons as an action proposed for
dealing with conditions of poverty has not yield positive results, as because of the
bureaucracy and the lack of clarity in the evaluation process, provision of this type of
subsidy is not well specified, with the result that in many cases older persons in situation
of vulnerability remain outside of the reach of this program .There is no clear mechanism
to oversee the process of concession of these food subsidies.
The SENAVITAT, Secretariat of State responsible for providing dignified housing for the
Paraguayan population, does not have any programs specifically for persons with
disabilities in particular. Although some persons with disabilities have benefited from
this Project, the fundamental requirement is still that the persons must have an income
that can facilitate the payment of the same partly sudsidized low-cost housing. In the
29
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
same way, accessibility standards are not referred to in the construction of these
affordable housing.
Recommendations:
-It is known that 5% of such homes were intended for persons with disabilities. The
mechanisms of control of compliance with this percentage must be strengthened.
Article 29. Participation in political and public life
While there is a campaign initiative called " Accessible Elections " developed by the High
Court of Electoral Justice (TSJE), this is untimely and comes too late taking into account
that the general elections will already be in April 2013. This campaign is still a pilot plan
for assistance to ensure the participation in the elections of persons with disabilities and
has a limited scope as it does not extend to the whole national territory.
The actions implemented to facilitate the access to the vote by persons with disabilities
are framed in few actions such as the use of ballots in braille format for blind and low
vision persons. However, this also casts some difficulties since only 3% of the population
with visual disabilities know and use the lecto braille.
The polling stations are usually located in Educational Institutions or centers, whose
facilities in general are known to lack accessbility adaptations to allow access for
persons with disabilities, and therefore do not conform with the technical standards of
accessibility.
To date there is no harmonization of article 91 of the Electoral Code with the
requirements of the Convention and it therefore still excludes the "deaf persons" who
cannot make themselves understood in writing or other means of communication to
allow them to participate in the forthcoming elections of 20 April 2013. In many cases
persons with physical disabilities need to be assisted by family members or persons close
to them at the time of the vote, as they do not have the ability to mark on the ballot by
their own means their candidates, however the Electoral Code only gives that power to
the blind persons, which requires an amendment to the legislation.
A step forward in the political alternatives offered by candidates for President of the
Republic is the realization of talks on the topic of disability or platforms created to
include the theme in the government's proposals; however, there is no progress in the
accessibility of information in the different political platforms of the candidates as they
30
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
are not provided in accesible formats. In the same token the information provided in the
ballots or indications for the vote are not rendered accessible.
Recommendations:
-
Generate opportunities for training and citizen self-expression aimed particularly
at persons with disabilities, so as to strengthen the representation of the
community of persons with disabilities.
Article 30. Participation in cultural life, recreational activities, leisure and sport
As stated in the official State report the sports facilities are gradually adapting their
facilities to make them accesible to persons with disabilities.
With regard to the practice of sports, they are mostly civil society driven as there are no
actions that correspond to public policies in this area deployed by the State. The lack of
state initiatives in this regard, generate a concern and uncertainty since the sustainability
of the initiatives depend on the cooperation of the civil society.
In relation to accessibility of cultural objects for persons with disabilities, it is important to
point out the actions carried out by the National Secretariat of Tourism (SENATUR), within
the component of the so called Accessible Tourism. For example for the ruins of Jesús of
Tavarangue, a UNESCO world heritage site, an accesible maquete for persons with visual
impairements was built, with the technical assistance of the Rehabilitation Center for
Blind Persons. This will enable blind users to understand this work on a wide scale as it
was built including with aptic and audio reviews that provide historical information about
the place. The project fully meets the accessibility standards.
While the museums mentioned by the official report might have complied with the rules
of physical accessibility of buildings, the fact remains that they do not offer valid
strategies of accessibility of information for persons with sensory forms of disability that
require it. In particular Typhlology models are not used as replicas for the access to
information for persons with visual impairements in museums listed in the oficial report
of the State.
In addition, the Paraguayan State does not promote activities to develop the use of
audio description as valid strategy for access to the information.
31
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Recommendations:
-
The Paraguayan State must commit through the organs involved in the
organization of leisure, recreation, sports and culture to development and put in
place policies, plans and projects that involve considering persons with
diisabilities as participants in these activities from an inclusive point of view and
with warranty of the usability of the physical environment.
-
The component of raising awareness must be present in the actions of the State
so that both the staff and the family members facilitate activities of persons with
disabilities within the framework of recreation and culture as well as the
practice of accesible sport.
-
The State must ensure that through the Ministry of Education professional
teachers are trained in the methodology of teaching persons with disabilities in
the practice of exercises, dance and artistic skills.
-
The same Ministry of Education through its institutes of arts, should foster
awareness of disability issues to encourage greater citizen awareness about
persons with disabilities as subjects of law.
Article 31 Statistics and Data collection
Even though during the months of September and October last year, was carried out a
survey of data corresponding to the 2012 census of population and housing, but until now
specfic information is lacking. Instead what we have is more just estimates expressed by
civil society organizations, which consider that persons with disabilities may make some
12 % of the Paraguayan population.
It should be noted that in this census the experience of neighboring countries was taken
as a model for the data collection; also the government consulted with NGOS working in
the field for the development of the census bulletins as well as for the training of census
agents. However, civil society organizations have complained that in the questionnaire
were not included the suggested recommendations made at the time of the
consultations, leaving in there questions with terminological contents that does not
conform to the CRPD Convention.
32
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
The records and systematisation of data on persons with disabilities in health and
education institutions are beginning to be carry out now in order to have a certain
systematization and databases available.
The Act 6369/11 stipulates that the evaluation of the disability is performed through a
certification issued by the INPRO, which currently forms part of the SENADIS. Even
though it is known that this institute has a more medical approach based on
rehabilitation policies, however, the law establishes that the INPRO will be the issuer of
such certificates. In its initial report the State informs that these certificates are currently
issued by the Directorate of certifications of SENADIS. This is clear indication that this
practice is not being carried out in compliance with the above-mentioned law but the
report does not specify whether the law was changed or not.
The main difficulty that is observed, having in mind the situation of persons with
disabilities and even more so of those residing in the interior of the country and rural
areas, is that the certifications are issued only at the headquarters of the SENADIS in the
capital city and for access to it one must travel big distances and many times persons
with disabilities do not have enough financial resources to travel and get the
certificates.
Recommendations:
-
Generate spaces for issuing certificates of disability in different parts of the
country.
-
It is important that the Paraguayan State boosts research studies on the topic of
disability in the country that is aimed to provide knowledge in relation to this
group to contribute to their inclusion in all areas of life.
Article 32 International cooperation
In relation to the International Cooperation for the benefit of Paraguay there are
experiences in the specific area of disabilities such as that which supports the
improvement of the education of children with visual impairment in the eastern region
and in Chaco carried out by the MEC of Paraguay. It provides a gender perspective and
also requires specific attention to girls and adolescents with visual disabilities.
33
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
In the field of labor just as in the earlier case, Paraguay counts with financial support from
the Spanish Agency of International Cooperation for the Development and the ONCE
Foundation for Latin America through the Ministry of Justice more specifically the SNPP,
and the Ministry of Education more specifically its Rehabilitation Center for Blind persons.
This cooperation focus on the so called “AGORA Project” for Paraguay which aims to
improve the employability of blind and low vision persons taking in consideration the
gender perspective, through the development of positive actions in favor of the young
and women with visual disabilities. This training enables either to seek employment or
empowers them to create their own sustainable micro-enterprises.
Similarly the education sector is supported by the Japan International Cooperation Agency
(JICA) - with the participation of the Chilean Agency for Development Cooperation in the
design and implementation of Projects that strengthen early care services.
The Korean International Cooperation Agency (KOICA) also finances projects in the
education sector.
These are some specific examples of international cooperation that support specific
initiatives in the field of disability.
Recommendation:
-
What is essential at this point is that Paraguay through its representatives and
officials responsable for the implementation of the various programs and
projects supported by the International Cooperation look for ways of ensuring
sustainability and continuity of the actions undertaken within these programs
and projects. This will ensure that these programs continue to strengthen and
develop human capital in order to meet and understand the challegnes of
disability from a human rights point of view in order to support the social
changes expected with the ultímate objective of improving the quality of life of
persons with disabilities.
Article 33. National implementation and monitoring
The INPRO as such, having in mind the actions it carried out in the past with a charity
perspective could not have performed the monitoring of the implementation of the
Convention in the country, but now with the creation of the National Secretariat for the
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Rights of Persons with Disabilities, this monitoring work will be feasible, since this is
viewed as part of its proper activities.
The participation of civil society is envisaged with the establishement of the National
Commission for the Rights of Persons with Disabilities, and in the Act establishing the
SENADIS whose regulations specifically require the participation of the civil society in the
workings of the aforementioned National Commission.
Recommendation:
-
To achieve positive results, the SENADIS must conduct its work in close
cooperation with the various ministries and with civil society organizations that
work in the disability area.
Article 6 Women with Disabilities
In Paraguay the issue of Women's rights was put on the agenda since the 80’s. Despite
the creation of the Secretariat for Women’s affairs, recently elevated to the rank of
Ministry, we note unfortunately that it does not envisage within its public policy, nor does
it envisage actions in favor of women with disabilities. For this reason these remain
invisible to a greater extent, which prevents actions intended to combat their double
discrimination: discrimination because of their gender, and the discrimination because of
their disability.
The absence of an institution to pay specific attention to the topic of gender and disability
limits the possibilities of mainstreaming the policies, programs and projects and
campaigns carried out by the Ministry for Women’s affairs, and in this way, the
fundamental rights of women with disabilities are violated. On the other hand, the
campaigns carried out by the Ministry do not have the technical and technological
adaptations that allow access to information for women with disabilities.
Recommendations:
- The Ministry for Women’s affairs must include as a cross-cutting issue in the design of
its public policies the girls and women with disabilities as well as older persons with
disabilities.
- The State should conduct campaigns to raise public awareness of the rights of girls and
women with disabilities.
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ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
- The Ministry for Women’s affairs must tailor its campaigns addressed to women, girls
and adolescents with disabilities in formats that are accesible for them.
Article 7. Children with disabilities
Although Paraguay has ratified the Convention on the Rights of the Child, Act 57/90 still
does not deal with the specific problems of children and adolescents with disabilities, as
members of a group so vulnerable and whose needs require a cross-cutting approach to
their full inclusion in society.
The absence of credible data disaggregated by gender of boys and girls with disabilities,
has negative consequences for the work of following up on their development. The
difficulties encountered with the civil registration of people at the national level affects
the whole population, particularly children with disabilities who reside in the rural areas of
the country.
The Certificate of Disability given by INPRO, which is currently actually given by the
Department of certifications, is more focused on persons with disabilities who want to
access a job market, leaving in this way aside the children and adolescents with
disabilities.
The creation of the Directorate of Inclusive Education in the Ministry of Education (MEC),
which works on the inclusion of children and adolescents with disabilities through the
system of inclusive schools and classrooms is an important step forward in the education
sector. However it is important to note that this system still needs the attention of
trained teachers; the creation of more educational institutions adapted; of members of
the community without educational biased attitudes that may hinder the process of
social inclusion, which so far remains a necessity.
Recommendations:
-
Strengthen the services provided by the Directorate of Inclusive Education
through capacity building projects intended for teachers regarding specialized
care and encourage the development of an inclusive culture of the educational
community with a focus on human rights.
36
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
-
Adapt the educational institutions with needed technologies and conduct
building improvements to facilitate the access of children and adolescents with
disabilities.
-
Generate disaggregated data on children with disabilities to facilitate the
development of specific public policies.
Glossary of Abbreviations
INTN - National Institute of Standards and Technology
INDI - Institute of the Paraguayan Indigenous populations
SEN - Secretariat of National Emergency
CRPD - United Nations Convention on the Rights of Persons with Disabilities
JICA - Japan International Cooperation Agency
INPRO - National Institute for the Protection of Exceptional People
DIBEN - Department of Charity and Social Assistance
DGEI - Directorate General of Inclusive Education
DEPNEE - Directorate of Education to People with Special Educational Needs
MEC - Ministry of Education and Culture
PCD - People with Disabilities
SAT - Services for early attention
SENADIS - National Secretariat of Human Rights of Persons with Disabilities
SNPP - National Professional Advancement Service
SINAFOCAL - System of National Labor Education and Training
SFP - Ministry of Public Administration
SENAVITAT - Secretariat of the National Housing and Habitat
37
ParIgual & DisabCouncil, (Report on the situation of human rights of persons
with disabilities in Paraguay, February 2013)
Advising SENATUR - National Secretariat of Tourism
UNESCO - United Nations Organization for Education
NGOS - Organizations of civil society
KOICA - Cooperation Agency of Korea
END
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