LIST OF ISSUES - BRAZIL
List of Issues recommended by Brazilian DPOs for the Brazilian State review by
the UN Committee on the Rights of Persons with Disabilities.
Brazil, 15 April 2015.
Joint submission by:
1. ABRAÇA - ASSOCIAÇÃO BRASILEIRA PARA AÇÃO POR DIREITOS DAS
PESSOAS COM AUTISMO - http://abraca.autismobrasil.org/
2. FCD BRASIL - FEDERAÇÃO DA FRATERNIDADE CRISTÃ DE PESSOAS COM
DEFICIÊNCIA - http://www.fcdbr.com.br/portal/
3. FBASD - FEDERAÇÃO BRASILEIRA DAS ASSOCIAÇÕES DE SÍNDROME DE
DOWN - http://www.federacaodown.org.br/portal/
4. ESSAS MULHERES - http://www.essasmulheres.org/
5. INSTITUTO BARESI - FÓRUM NACIONAL DE PESSOAS COM DOENÇAS RARAS
- http://institutobaresi.com/
6. RIADIS - RED LATINOAMERICANA DE ORGANIZACIONES DE PERSONAS COM
DISCAPACIDAD Y SUS FAMILIAS - http://www.riadis.org/
Article 4 - General obligations
After a decade of discussion in Congress, the bill on the Statute of Persons with Disabilities (PL
7699/2006) passed its lower house. The bill continues under discussion in the upper house Senate. There has been an effort in recent years to make their content more consistent with CRPD.
However, some provisions of the bill are not in full agreement with the Convention, as for instance
the definition of disability basically based on the medical model. The criminal classification of
discrimination based on disability is incomplete when limits the contexts in which it applies and does
not include any mention of reasonable accommodation in accordance with Article 5 of the CRPD.
With regards to Article 4.3, in addition to the participation of the National Council for the Rights of
Persons with Disabilities (CONADE), there are the National Conference and occasional public
consultations. There is still few municipal councils and the deliberations of the national conferences
do not always take into account the standards of the CRPD.However, the National Policy on the
Rights of Persons with Disabilities, known as the Plan "Living without Limits", was approved in 2011
without sufficient debate within the bodies of participation and including foreign elements to the
rights of persons with disabilities, such as primary prevention of disabilities that takes much of the
resources devoted to the policy without promoting or guarantee the rights of people with disabilities.
Many states and municipalities have chosen not to join the national policy of Living without Limits
and still keep disjointed policies that often do consider CRPD's standards.
1. What has Brazil done to strengthen the participation of people with disabilities, including
children with disabilities in decision-making processes?
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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2. The state has heard sufficiently organizations of persons with disabilities at the moment was
taking measures of their interest, such as the Plan Living without Limits?
3. Is been budget allocations reserved and actually spent to ensure the rights of people living
with disabilities?
4. Does the Brazilian government consider primary prevention of disability as way to implement
CRPD and is that why it is included in the Plan Living without Limits?
5. How many resolutions have been approved on the National Council on Rights of Persons
with Disabilities (CONADE) during the last five years? And how many of those have been
converted into actual public policies?
6. What efforts have been made to ensure the commitment of states and municipalities on the
implementation of CRPD? Are there initiatives being planned in relation to the structure of an
operating plan and inter-sectoral by the National Secretariat for the Promotion of the Rights
of Persons with Disabilities? What are they? What is the average time for implementation?
Article 5 - Equality and non-discrimination
The Brazilian lower chamber of Congress has recently passed a bill that shall institute the "Statute
of the Person with Disabilities" (PL nº 7699/2006) in which the general discrimination of persons with
disabilities has been made a criminal offense. Other specific discriminatory practices have also been
targeted as crimes with long jail time. This bill however has not yet passed legislative procedure,
and current legislation is already prohibitory in regards to discrimination in general. However in the
bill, nor in other national legislation besides CRPD, there is no mention of reasonable
accommodation neither about denying reasonable accommodation being a form of discrimination
based on disability, therefore a crime. Although the law 7853/89 already foresee certain forms of
discrimination passed disability as a punishable crime, there is no effective enforcement
1. How many lawsuits have been brought before Brazilian courts regarding discrimination
against persons with disabilities?
2. What measures have Brazil undertaken to ensure proper reporting of such discriminatory
acts? Are there specialized police stations in receiving accounts of discrimination in an
accessible manner, a part from one station in São Paulo state?
3. What efforts have been made by Brazil to combat all forms of discrimination based on
disability, including the denial of reasonable accommodation?
4. What measures have been taken to ensure that the denial of reasonable accommodation is
understood as discrimination in the Brazilian legislation?
Article 6 - Women with disabilities
Article 44(11) of the Maria da Penha Law1 determines that when violence is exercised against
women with disabilities, the judicial sanction or conviction shall be increased by one third. However,
many women with disabilities have difficulties in turning to the State and seeking access to justice
1
The Maria da Penha Law, Art. 44 item 11: http://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11340.htm
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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due to the barriers faced in accessing protective services and in obtaining support for the defense of
their rights. Further, women with disabilities have difficulty in denouncing crimes when they are the
victims, in being a witness in court and in obtaining legal aid. Phone hotlines are not accessible to
deaf women and girls. Police and courts do not cater to women and children with disabilities: there
are no professionals fluent in Brazilian sign language, nor in the Public Ministry and the Public
Defender's Office. Information on how to complain is rarely provided in sign language or accessible
formats, such as Braille or plain language. Public awareness raising campaigns against violence
and abuse are not carried out in accessible manners and there are also no specific awareness
raising actions targeting women and girls with disabilities.
Despite the existence of a national department of women policies, with status Ministry, girls and
women with disability are still strongly under-represented or excluded from the national agenda.
1. What are the measures adopted in the framework of the National Secretariat of Policies for
Women to include the issues of women and girls with disability in the ministerial agenda?
2. What financial resources, programs and actions are intended by the National Policy for
Women in combating the discrimination against girls and women with disabilities?
3. What measures have Brazil undertaken to provide infrastructure to receive women and girls
who are victims of violence in the country?
4. What measures have Brazil undertaken to inform women victims of existing support services
to women and girls with disabilities?
5. What measures have been taken on to make awareness raising campaigns and complaint
services accessible to deaf women?
6. How many civil servants are currently fluent - or know as least some - in the Brazilian Sign
Language (LIBRAS)?
Article 7 - Children with disabilities
Brazil has very robust legislation on the rights of children, particularly the Statute of the Child and
Adolescent (ECA). The current legal framework establishes the Child Protection Councils
(Conselhos Tutelares) as the leading public policy for the decentralized protection of children. It is
unclear how this body has acted in regards to protecting children with disabilities.
1. How has the role of the Child Protection Councils been in relation to allegations of violations
of the rights of children and adolescents with disabilities, particularly with intellectual
disabilities? How many complaints have been received each year?
2. Is there specific training, or at least awareness raising, of municipal Council membres
(conselheiros tutelares) on domestic violence, sexual abuse, home captivity, among others,
committed against children with disabilities?
3. What role have Child Protection Councils (Conselhos Tutelares) played concerning
children’s and adolescents’ rights violations complaints, particularly those with autism,
intellectual and/or psychosocial disabilities? How many complaints have been received in
recent years?
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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Article 8 - Awareness-raising
In order to fulfill every single right expressed within Convention, the whole society – especially
people with disabilities, their families and related organizations – must be fully aware of those rights.
Lawmakers, policy-makers and other stakeholders must be up to date on the commitments that the
Brazilian States has made. It is also decisive that members of the Judiciary also are fully mindful of
the rights dictated by the Convention. Thus, information and awareness raising campaigns are
extremely relevant. Brazil promotes awareness raising campaigns on human rights, which
systematically do not highlight that the existing mechanisms of protection, such as the Dial 100 and
Dial 180, would be also available to address violations against persons with disabilities. This
omission undoubtedly hinders violations reporting of violations committed against persons with
disabilities.
1. What measures have been implemented to develop awareness of existing human rights
violations complaint mechanism, e.g. toll-free lines Dial 100 and Dial 180, regarding the
specifically to violations on rights of persons with disabilities?
2. What efforts have been made in order to instruct and raise awareness among members of
the Judiciary, at all levels, about the CRPD in order to support them in dealing with all sorts
of demands following the paradigm shift the CRPD has consolidated?
3. How much has Brazil spent on campaigns and awareness-raising about rights of people with
disabilities, especially addressing the terms of the CRPD?
Article 9 - Accessibility and Article 20 - Personal mobility
Brazil has broad federal legislation on the mandatory adoption of accessibility standards in public
and private spaces, such as the Law n. 10.048/2000, Law n. 10.098/2000 and Decree n.
5.296/2004. However, the lack of accessibility and the violation of the right to the city and mobility
are constant for people with disabilities, at the municipal, state and federal levels.
In 2013, the Supreme Court ordered the State of São Paulo for not being ensuring access for
persons with disabilities to public buildings, despite all national standards and the constitutional
status of CRPD in Brazil.
1. What bodies and monitoring and enforcement mechanisms have been established to monitor
implementation of Laws n. 10.048/2000, 10.098/2000, Decree 5.296/2004 and other
legislation dealing with accessibility?
2. Are there mechanisms to also allow civil society in general to monitor compliance?
3. What programs, resources and technical assistance policies have been put in place by the
Brazilian Government at the disposal of municipalities and states in order to foster and
promote local projects of accessibility and urban mobility?
4. What measures have the Brazilian government adopted in its role as regulator and inspector
of accessibility in the private sector (p. Ex., Industry, transport, construction, services in
general, etc.)?
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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5. What legal remedies or other measures have been adopted in order to facilitate the
acquisition of imported equipment with universal design profile (which can serve as assistive
technology) and that are still not on the list of domestic assistive technology products?
Article 12 - Equal recognition before the law
Brazilian civil legislation foresees the possibility of partial and total limitation of the exercise of legal
capacity through a process called interdiction, based on the medical model of disability, where
individuals may be completely deprived of their civil and political rights. This legal tool is curatorship
(curatela) legally established as interdiction. Most commonly applied to individuals with intellectual
and psychosocial disabilities, having their legal capacity removed and being placed under the
guardianship of a third party, they are prevented from performing activities of civil life on their own
and according to their will and preferences. Thus, the exercise of public and political rights, including
the right to live in the community, is fully affected. Currently, the "Statute of the Person with
Disabilities" (PL nº 7699/2006) is under consideration by the Brazilian Congress. If approved,
however, it still allows for limitation in legal capacity through Curatela under current laws and does
not take the Convention's article 12 into account, once that the prevision of guardianship in the bill
restrain the property and business rights.
1. What measures have been taken to ensure the "Statute of the Person with Disabilities" (PL
nº 7699/2006), under consideration by the Brazilian Congress, is fully in accordance with the
CRPD? Particularly, what is envisaged to remove from the draft bill any form of restriction of
legal capacity, including concerning business contracts and patrimonial affairs, and to
introduce supported decision making as set forth in article 12 of CRPD?
2. Does the Brazilian government collect data on how many people with disabilities are subject
to some kind of partial or full legal restriction in relation to the enjoyment of their legal
capacity, i.e. Curatela?
3. What measures has the Brazilian government adopted to strengthen the implementation of
supported decision-making model? (e.g., measures or mechanisms for consultation on the
issue with the active participation of people with disabilities, their families and organizations;
awareness-raising campaigns; etc.)
4. What legal remedies are made available to people with disabilities in cases of discrimination
based on disability, especially when resulting from the violation of exercise of their legal
capacity, in public and/or private life.
Article 13 - Access to justice
Access to justice for the poor has improved in Brazil due to the expansion of public defenders
throughout the country. Many states have also established specific bodies to deal with disability
demands, however accessibility of plaintiffs with disabilities to courthouses, courtrooms and in
regards to communication is problematic.
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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1. What measures or projects have been adopted with respect to the development of new
technical signals representing legal expressions in Brazilian Sign Language, training of
interpreters and guides-interpreters; the training of judges and court officials; the
development of information materials in accessible formats and simplified language, among
others?
2. How many courthouses and courtrooms have been renovated in Brazil to be made
universally accessible? Is there any public policy to promote these changes?
3. What measures or projects have been adopted with respect to the development of new signs
representing legal expressions in Brazilian Sign Language (LIBRAS)?
Article 14 - Liberty and security of the person & Article 15 - Freedom from torture or cruel,
inhuman or degrading treatment or punishment & Article 19 - Living independently and being
included in the community
Brazil still have asylum similar institutions where persons with disabilities live away from the
community, which outlaws our legislation and article 19 of CRPD. The Plan Living without Limits
brought a national program of inclusive residences, but the number of them that have been building
it is too far to address the demand, with only 72 units built so far. It is important to ensure that
inclusive homes do not become just small institutions without ensuring the basic rights and inclusion
in the community.
Unfortunately, in practice, the policy of institutionalization and segregation still persists subjecting
children and adults with disabilities to violations of their right to liberty, right to live in the community
and several other human rights violations. For instance, there is no a policy to ensure Personal
Assistant services and other support to autonomy services at home when necessary, as required by
Article 19 CRPD.
Instead to ensure the support, the government it is implementing the Day Living Centers (CentrosDia) for adults with disabilities. Until now only 12 Day Living Centers have been implanted, which
have been very welcome to the families that need a place to put the persons during the day, but
reinforce a segregated perspective rather than of inclusion in the community. The non-recognition of
the will and individual freedom, the lack of support services to prevent dependency and isolation
from community, as well as the absence of appropriate adjustments and support services based on
community to the needs of each individual are issues that permeate the life and experience of many
people with disabilities in Brazil. Besides the institutionalization of people with disabilities is still a
reality in Brazil.
1. Is there a reasonable agenda to effectively address the cessation of long-term
institutionalization and to ensure people with disabilities – especially children, who have lost
their familiar ties – to be registered in appropriate state care services, consistent with their
choice and their free and informed consent?
2. Is there a diagnosis of how many Inclusive Homes are required to meet care for all people
with disabilities institutionalized or in risk of institutionalization in the country? How does the
Brazilian government aim to bring about information on the role of Inclusive Homes and to
encourage their establishment of Inclusive Residences in state and municipal levels?
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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3. What have been done to ensure that inclusive homes do not become just small institutions
without ensuring the basic rights and inclusion in the community? For instance: Can persons
with disabilities choose where to live under this program? Are persons with disabilities
subjected to specific living arrangements regardless of their will?
4. How are specific support services provided at home, necessary for individual autonomy and
for people with disabilities who live segregated or who are vulnerable to abandonment, has
been offered?
5. What is being thought and done about the situation of people with disabilities who rely on
daily care for independent living, whether at home, at school or at work, through the network
of social protection available today?
Article 16 - Freedom from exploitation, violence and abuse & Article 17 - Protecting the integrity
of the person
Brazil has very robust legislation on human rights and criminalization of torture and various forms of
violence, exploitation and abuse for many minority groups. However, there is not a general legal
predicament for ensuring accountability for crimes of exploitation, violence and abuse. The Brazilian
Criminal Code sets out in article 61 the general aggravating causes for all crimes under Brazilian
jurisdiction, which include circumstance of crimes committed against women, children and elders,
not persons with disabilities.
1. What current measures have been or are being adopted in order to change the Brazilian
Criminal Code, in order to ensure that all crimes committed against persons with disabilities
have aggravated penalties?
2. What measures have been adopted to provide specialized and accessible police stations
and forensic services for persons with disabilities victims of exploitation, violence and abuse?
3. Are there accessible public complaint services directed to persons with disabilities for
receiving complaint of exploitation, violence and abuse against persons with disabilities?
Article 21 - Freedom of expression and opinion, and access to information
Brazil has passed the Access to Information Law - Law 12.527/2011, which ensures the right of
every citizen to access information from public sources. Particularly, in article 8, §3º, VIII of the law,
it is determined that all information be made accessible to persons with disabilities in braille, sign
language, communication systems use by deafblind people and assistive communication.
The Brazilian Sign Language (Libras) was recognized as 2nd official language of Brazil by Law No.
10.436 / 20022, however the deaf community complains that in official pronouncements the
2
Law nº 10.436/2002: Provides for the Brazilian Sign Language and other measures.
http://www.planalto.gov.br/ccivil_03/leis/2002/l10436.htm
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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presidency does not include sign language. The same happens in debates and political campaigns
when most candidates does not guarantee accessibility.
1. What measures have been adopted to implement the Access to Information Law regarding
accessibility?
2. What measures have been adopted to train civil servants and public offices for the use of
braille, sing language and assistive communication?
3. Public statements made by authority, including the President of the Republic, ensure
accessibility for people with disabilities, as the use of Brazilian Sign Language (Libras)?
Article 23 - Respect for home and the family
Brazilian legislation permits the permanent sterilization without free and informed consent of persons
who are considered legally incapable through a judicial order,3 i.e. individuals whose legal capacity
has been removed or restricted through interdiction or guardianship. Further, the free manifestation
of will of people with intellectual or psychosocial disabilities is not considered in family planning
policies.4 This practice, which violates articles 23, 25, and 12 of the CRPD, as well as amounting to
ill-treatment, mainly affects women with intellectual and psychosocial disabilities who have been
placed under guardianship. Parents who have a disability may be subject to lose their parental rights
and lack of based on community support services restricts the right to family leave children with
disabilities more vulnerable to abandonment.
1. What the Brazilian State has done to ensure the full and equal right of persons with
disabilities to set up and belong to a family?
2. What steps are being taken to end forced sterilization of people with disabilities?
3. What measures have been taken to ensure to persons with disabilities the equal access to
programs and policies of family planning?
4. What has the state done to repeal laws that allow the involuntary sterilization of persons with
disabilities, and who do not recognize the right of all persons with disabilities participate in
family planning programs, such as the Law Nº 9.263/1996?
3
Law Nº 9.263 of 12 January 1996 – Regulates family planning policy, Art. 10.ii, 6º: “The surgical sterilization of people who
are absolutely incapable can only occur with judicial authorization, regulated under law”
http://www.planalto.gov.br/ccivil_03/Leis/L9263.htm
4
Law Nº 9.263 of 12 January 1996 – Regulation of family planning policy, Art. 10.ii,3 º: “The manifestation of will in the form
of § 1º, expressed during the occurrence of alterations in the capacity of discernment due to influence of alcohol, drugs, altered
emotional states or temporary or permanent mental incapacitation, will not be considered”
http://www.planalto.gov.br/ccivil_03/Leis/L9263.htm
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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5. What kind of community based supports exist to parents with disabilities to care for their child
in the home?
6. The Brazilian courts have ensuring the rights of parents with disabilities, even under
guardianship, to adopt or keep their children?
Article 24 - Education
Since the adoption of the National Policy on Special Education from the perspective of Inclusive
Education, in 2008, Brazil has advanced in ensuring access to children with disabilities to regular
education. However, in recent years, legislation such as Goal 4 of the PNE (National Education
Plan) and the Presidential Decree n. 7.611/2011 have weakened such policy, favoring segregated
education of children with disabilities in special schools. Although progress in access to regular
public schools is noticed, reasonable accommodation and professional support in the school
environment is still a challenge. Finally, the Brazilian Government still has not been able to fulfill its
role in supervising private schools, which continue to discriminate against children with disabilities,
denying their enrolment and charging extra fees for accepting them.
1. What, in terms of legislation and policies, has been undertaken by the Brazilian government
to ensure access of children and adolescents to inclusive education, according to Article 23
of the CRC and Article 24 of the CRPD, including reasonable accommodation, for instance:
personal assistants to support them in the school environment, assistive technology,
equipment of alternative communication, physical accessibility, materials in accessible
formats, among others?
2. What is the expected impact of the 7 billion cut in the federal budget for education for the
inclusive education policies?
3. What has been done to prevent the exclusion and discrimination of children with disabilities
perpetrated by private regular schools through, for example, the denial of enrolment and
charging extra fees?
4. It is known that young children with disabilities have remained out of regular schools or have
been sent to segregated special schools. What measures or projects have been planned for
the inclusion of children with disabilities in early childhood education and to transfer students
from special schools to regular schools in an inclusive system?
Article 25 - Health & Article AND 26 - Habilitation and Rehabilitation
Many obstacles remain to the realization of the right to health of people with disabilities, especially in
rural areas and among the poorest. According to the national plan “Living without Limits". Federal
government still has limited supply and provided limited-quality rehabilitation services through the
People with Disabilities Health Care Network (Rede de Cuidados das Pessoas com Deficiência).
The Psychosocial Care Network (RAPS) remains as separated policy area. Most services are found
only in the South and Southeast regions and they are practically non-existent in rural areas and
places far from large urban centers. Further, the lack of physical, attitudinal and communicational
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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accessibility, featuring most of the existing health clinics and Basic Health Units in municipalities still
impairs the exercise of the right to health5.
1. How have the necessary health care services been offered to the urban and rural population
of Brazil, specifically on the grounds of disability, including the detection and early
intervention to minimize and prevent further impairments?
2. What measures have been adopted by the Brazilian Government to strengthen the
implementation of a comprehensive health care policy which ensures the same range,
quality and standard of services offered to persons with disabilities? How have general
health care and public health campaigns, including sexual and reproductive health, been
made fully accessible, including sign language, information in alternative formats such as
Braille and plain language, accessible facilities among others?
3. What has the Brazilian government done to establish, strengthen, expand and reclassify
services and empowering the development of initial and continuing training for professionals
and consultants active in services and programs of rehabilitation, with regards to, and the
provision and availability of assistive devices and technologies?
4. How has the Brazilian Government sought to ensure and expand access of persons with
disabilities to the 'Person with Disabilities Health Care Network'?
5. What measures or consultation mechanisms are currently available to discuss the issue of
access to health for persons with disabilities? In which way have the engagement and the
active participation of disabled people's organizations taken place, the disabled people
themselves and their families on this issue?
Article 27 - Work and employment
Brazil has established in its Constitution that every civil service public examination should reserve a
percentage of public positions to persons with disabilities. Lately, the introduction of a new type of
exam in public exams is a breakthrough. The quota law for medium and large companies ensures
the inclusion of many people with disabilities, but it has not yet reached the majority of businesses.
People with certain types of disabilities continue to be excluded by lack of accessibility, prejudice
and inadequate working environment.6 According to the General Registry of Employment and
5
60% of Basic Health Units were classified as inadequate in terms of access for the elderly and persons with disabilities.
“The presence of stairs, lack of handrails, ramps, bathrooms adapted for the entrance of wheelchairs and inadequate waiting rooms
were a constant.” Siqueira FCV, Facchini LA, Silveira DS, Piccini, RX, Thumé E, Tomasi E. Architectural Barriers to the Elderly and
People with Physical disabilities: an epidemiological study of the physical structure of basic health units in seven states in Brazil. Cien
Saúde Colet 2009, 14(1): 39-44.
6
Since 1989, Brazil has a policy on affirmative action prescribing quotas applicable in the private sector, where businesses
with 100 or more employees are required to hire people with disabilities to make up between 2% to 5% of their staff, a measure
which is far from being carried out in the private sector due to discontinuous monitoring and low accountability.
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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Unemployment (Caged) and the Annual Social Information (Rais) of the Ministry of Labour and
Employment, Brazil had 358.738 people with disabilities employed in September 2014. However
civil society organizations report that there many issues regarding monitoring by public authorities.
Further, job openings in the private sector are mainly directed to people with "mild" disabilities, with
little adaptation or accessibility, also jobs offered are mainly low salary positions.
1. Does Brazilian legislation determine any sanctions directed at private companies that fail to
comply with the legal rules for the provision of reasonable accommodation and ensuring
accessibility in the work place?
2. What measures have been adopted in order to improve the monitoring of companies subject
to the quota law? Also, have mechanisms for implementing sanctions been improved?
Article 28 - Adequate standard of living and social protection
Since 2009, the program national public housing program “My House My Life” (Minha Casa Minha
Vida), focused on low-income housing, includes the obligation to have 3% of households accessible
to persons with disabilities. However this is more symbolic than effective, since the accessibility
standards are not met and there is no adequate oversight. In relation to the support provided by the
state, the instrument used is the Continuous Cash Benefit (BPC), a minimum wage it is granted to
people with disabilities, or older than 65 years whose family income is less than 1⁄4 of the minimum
wage, as part of basic social protection under the Social Assistance System (SUAS) instituted by the
Ministry of Social Development (MDS), in accordance with the provisions of the National Policy for
Social Assistance – PNAS. The requirements to get into BPC are often too hard and many people
with disabilities living in poverty frequently stay out of them having much difficulties to have a
minimum standard of living and minimum social participation floor. This is also connected with the
right to legal capacity. In Brazil, there are numerous accounts of people being subjected to
curatorship or interdiction as a means for being eligible for social benefits. Although it is not required
by law, it is still a common practice.
1. What has the Brazilian government done to encourage municipalities that adopt mechanisms
of control and supervision for the construction of affordable housing projects?
2. What practical measures were adopted to suit the popular housing programs with the
requirements of universal accessibility?
3. What have been made to ensure that important instruments of social protection as the BPC,
do not be used to justify or have as outcome the restrictions of basic civil rights?
4. The criteria to access and rules of the BPC are fair and enough to ensure minimum standard
of living and a minimum social participation floor for all persons with disabilities who may
need of such protection?
Article 29 - Participation in political and public life
The Brazilian Constitution explicitly allows loss or suspension of the political rights for persons of
"absolute civil incapacity" . The Electoral Code, of 1965 exempts persons with disabilities of the
obligation of registering to vote that exists in the Constitution for those between 18 and 70 years old.
The Civil Code provides that interdiction decisions are entered in the public record. In practice, very
often, people with intellectual and psychosocial disabilities are fully prevented from civil life acts.
Brazil's laws on participation of persons with disabilities in elections (whether optional, or forbidden),
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
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in particular the Brazilian Constitution, Civil, Electoral Law and lower regulations, are not in
observance with CRPD standards, with regard to legal capacity and the right to equal participation in
political and public life of persons with disabilities. This is especially the case for persons with
psychosocial or intellectual disabilities.
Lack of representation of persons with disabilities within legislative and executive powers hinders
the development of laws, programs and policies related to the rights enshrined by the Convention. In
the 2015-2019 federal parliamentary term, one candidate with disabilities was elected.
1. What mechanisms has the Brazilian State developed in order to help organizations of people
with disabilities to actively take part on public debates?
2. What mechanisms or alternatives have been adopted by the Brazilian Government to
broaden participation and involving of people with disabilities in political life and enhance the
exercise of political and civil rights under equal conditions with people without disabilities (e.g
language accessibility in political campaigns, physical accessibility of polling places, rules for
quotas on political parties etc.)
3. What level of participation was made possible for people with disabilities during the
construction of the following public policies: housing (“My House My Life”), poverty
eradication (“No further misery in Brazil”), rehabilitation services providing (“Living Without
Limits”), “Convergence Agenda”, and the Urban Mobility National Policy?
Article 30 - Participation in cultural life, recreation, leisure and sport
Organizations of persons with disabilities who work with sports and culture have multiplied in Brazil
and part of them managed to increase their visibility and strengthen. Paraolympic sports has
become consolidated in some states. Arts and inclusive culture, in turn, were recognized in a more
official way. However, it is still insignificant the amount of spaces and cultural facilities that are
accessible to and inclusive for people with disabilities. Support for cultural and sporting bodies is
negligible.
1. What legal remedies and actions are placed within reach of persons with disabilities in
relation to culture and sport?
2. What incentives are offered to states and municipalities to engage in sponsorship, promotion
and development of these activities to persons with disabilities?
3. What legal remedies or other measures have been adopted by the Brazilian Government to
ensure the inclusion of a "Accessibility item" in projects financed with public funds, including
through incentive laws (p. Ex., In the area of sports and leisure, culture, research, etc.) or
involving development / research funding agencies, in order to ensure that persons with
disabilities have access to production and cultural, sporting events, recreational, academic,
scientific-technical and other, and the other might arise from these initiatives products (p. ex.,
publications, recordings, etc.)?
List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
12/13
4. What measures is Brazil taking to ratify the WIPO's Marrakesh Treaty to Facilitate Access to
Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled,
signed by Brazil in June 2013?
Article 31 - Statistics and data collection
Planning and implementing public policies that materialize the rights of the Convention depend
heavily on disaggregated data concerning target populations and their demands. Lack of statistical
data hinders the design of policies directed to the needs of this specific population. In Brazil, it has
been very difficult - if not impossible - to find disaggregated data on disability.
1. What efforts has the Brazilian State taken to foster gathering, supplying, crossing and
researching on disaggregated data – in accessible formats - on people with disabilities,
considering variables such as income, gender, ethnic background, age, type of impairment,
etc.?
2. Is there any data disaggregation on rights violation complaints against people with disability
collected from federal toll-free lines as “Dial 100” (protection of human rights in general) and
“Dial 180” (protection of rights of girls and women)?
3. In addition to the data from the "Dial 100" and “Dial 180”, what other mechanisms exist to
quantify and address cases in Brazil of violence against persons with disabilities?
4. Do Brazilian budget legislation and related administrative ordinances – federal, state and
municipal – include specific requirements to fund public policies towards people with
disabilities?
Article 33 - National implementation and monitoring
Brazil has established the National Council on the Rights of Persons with Disabilities (CONADE) in
1999. This council however is composed of civil society members and government bodies, half of
the seats reserved for each. Thus, this council is not in line with the Paris Principals for independent
monitoring bodies, since half of CONADE’s members are government’s department in charge of
caring out disability-related public polices. The Brazilian State has not pointed yet the independent
body responsible for monitoring the CRPD.
1. What is the independent body responsible for monitoring of the implementation of the
Convention?
2. That body it is in accordance with the Paris Principles?
3. What has been made the Brazilian government increase the participation and involvement of
people with disabilities, and their representative organizations in the monitoring process of
the treaty? How has Brazil provided financial support to DPOs for their monitoring and
participation?
--x-List of Issues recommended by Brazilian DPOs for the Brazilian State review by the
UN Committee on the Rights of Persons with Disabilities.
13/13