Disability Rights: the View from Kazakhstan

Disability-specific legislation.
In Kazakhstan the total number of disabled persons is 390,800 people, including 47,400 children, constituting 3.5% of the population of the country.

State policy on disabled persons' protection is based on the Constitution of Kazakhstan and other legislative norms. State policy guarantees creation of social, economic, legal conditions to provide equal opportunities for life and integration to the society for the disabled persons. State carries out measures aimed to protect rights and freedoms, to ensure disability's preventive measures and to establish equal conditions for disabled people in the society.

At present in Kazakhstan's social protection of disabled people is implemented according to the 1991 Law "On Social Protection of Disabled Persons in the Republic of Kazakhstan. Also, the Government has adopted the Program of Rehabilitation of Disabled Persons for 2002-2005.

The legislation in the field of social protection of disabled persons pays special attention to the following issues: creation of conditions for free access to the social infrastructure; preventive measures on disability, medical, professional, rehabilitation of disabled; education and professional training of disabled; labor rights of disabled, which includes their employment; and social assistance to disabled persons. Legislation of Kazakhstan provides protection of rights, freedoms and legal interests of invalids, participation of public unions and citizens in the activities on problems of invalids.

Nowadays, when we witness new challenges and new opportunities in our daily life the present Law became obsolete and needs to be altered and amended.

The draft of a new Law "On Social Protection of Disabled Persons in the Republic of Kazakhstan" has been elaborated and currently is under consideration of the Parliament to be adopted by the Government in December this year. The new law for the first time will provide special rights: granting quota/a definite number of fellowships for disabled young people to study at the universities and technical vocational schools; granting quota/a definite number of working places; participation of employers in social protection of disabled persons; strengthening control and responsibility on observation of legislation in the field of social protection of the disabled persons.

The need for a new International Convention on Disabilities.
In the conditions of rapidly changing world Kazakhstan needs to adjust their legislation on disabled persons rights' protection to the international standards and norms. This demands elaboration of the international convention on disability, which could overview current state, invalids' rights, states' obligations, standards and norms, and perspectives.

Kazakhstan supports an International Convention on Disabilities which will provide guidelines and collective measures for policy makers to pursue proper policies and plans, will diminish gap between the plans and actions, and will bring together the approaches of developing nations with the developed countries. Kazakhstan supports the idea of an International Convention on Disability to ensure that persons with disabilities enjoy all their human rights.

Preamble.
The new Convention should state basic human rights and freedoms and economic and social protection to disabled persons.

Objectives.
State protection of the full range of civil, political, economic, social and cultural rights of disabled persons: creation of conditions for free access to the main benefits, preventive measures on disability; medical, professional, rehabilitation; access to education and professional training, employment.

The legislation and the government must bring into line the equality of opportunities based on the guaranteed basic human rights. State parties' obligations should include bringing national legislation on invalid protection into line with the international norms; guarantees of observing them.

Scope/definitions.
Kazakhstan supports the International Classification of Functioning (ICF) / World Health Organization definition of disability, which is as follows: "the outcome of the interaction between a person with an impairment and the environmental and attitudinal barriers he/she may face."

Any definition proposed to be adopted may indicate special rights for women and children with disabilities.

Guarantee of equality and non-discrimination.
The equality and non-discrimination with reference to persons with disabilities must be clearly elaborated and observed at the international, regional and national level.

Kazakhstan fully supports the adoption and implementation of non-discrimination legislation at the domestic level, as the Sapporo Declaration states: "We demand that every country adopt and implement anti-discrimination legislation and policies that ensures the equalization of opportunity for disabled people. We also recognize that non-discrimination and equality of opportunity must be intrinsic components of any human rights convention for disabled people."

Guarantees of specific rights should be ensured by national legislation. The convention must address the full range of civil, political, economic, social and cultural rights. Specific rights for protection of disabled women, having children, and children addressed by existing human rights instruments that should be further elaborated if the convention is to cover the full spectrum of human rights:

Monitoring/review/remedy mechanisms.
An effective monitoring mechanism must be established to gauge the levels of implementation and provide guidance on best practices. This monitoring mechanism should involve all levels, including states, intergovernmental organizations, non-governmental organizations and individuals. The convention should establish a monitoring body to assess regular states' reports. Any monitoring mechanism for the convention must be fully informed by disability and human rights expertise.

Miscellaneous provisions.
My view and inputs on process towards elaborating a proposed convention: the Ministry of Foreign Affairs as the coordinating governmental body in the relations of Kazakhstani bodies with international partners will make a contribution in promoting elaboration of the convention and its adoption. The MFA works closely with the Ministry of Labor and Social Protection of Kazakhstan and other ministries responsible for the issues of invalids.

States parties obligations.
A mechanism at International and regional level may be provided to review and report on the state parties' performance in respect of fulfilling their obligations. State should ensure full participation of people with disabilities in elaboration of all legislation, policies and programs of all States parties.

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