The Ministry justified this step by claiming that the ministerial order from 2018 was individual, not normative in nature, which is technically correct. The Ministry stated that in the future, an authorizing norm will be added to any relevant law, after which a new order to create a monitoring group in care institutions will be adopted. However, no specific or approximate date was provided.

This development suggests a pretextual justification. The decision to revoke the order appears to be a legal guise to eliminate the public monitoring mechanism. 

Internal discussions about terminating or limiting the Group's powers began within the Ministry after the monitoring group published several notable reports last year. In mid-2023, the group reported severe human rights violations, including physical, sexual, and psychological violence, at the "Zatik" Children's Support Center.

Subsequent discussions with the Ministry did not lead to systemic changes, likely due to decision-makers' reluctance. The report's findings were questioned on spurious grounds, and there were even threats that observers could be held liable for "defamation." 

The reports did not lead to significant changes in the children's lives, neither preventing new rights violations nor restoring rights.

The monitoring group's report garnered attention from the public, media, and various international actors, including mentions in the US State Department's 2023 Human Rights Report (link) and Human Rights Watch (link). Despite numerous violations, no criminal cases were initiated, and no officials were held accountable.

In practice, the group's activities had already been disrupted by mid-2023. According to the order, group members' powers were set for three years and could not be extended. The terms of many members had expired, and the group lacked the minimum nine established members. Adding new members had become impossible due to numerous legal loopholes.

The Ministry was aware of these legal issues long before they arose, as the monitoring group had presented a set of recommendations to solve them. Despite this awareness, the Ministry did not amend the legal acts in a timely manner. Promised discussions about changes to the ministerial order were regularly postponed, leading to the group's de jure closure due to deliberate actions by Ministry officials.

The monitoring group believes this "punitive" action by the Ministry is a response to the group's activities and an attempt to stop public scrutiny of the human rights situation in care institutions, potentially covering up human rights violations.

We urge the Ministry to show common sense by making all necessary efforts to resume the group's activities as soon as possible. According to state obligations, the Ministry is obliged to continuously support the development of public control mechanisms, regardless of public criticism.

We hope the Ministry will learn from this situation, recognizing that many other legal acts could be questioned with this approach, leading to chaos if suspended even short-term, while failing to acknowledge their invalidity would be seen as a discriminative approach.

We call on the media to focus on the human rights situation in institutions, particularly orphanages and crisis centers. 

We expect international organizations to ensure the absolute right to be free from torture in Armenia's care institutions and keep human rights issues on the agenda in their discussions with the government, making them a prerequisite for economic programs.

We also expect the embassies of democratic states and international organizations to advocate for the urgent resumption of the group's activities. The actions of the Ministry of Labor and Social Affairs should be a subject of discussion in the context of freedom of expression and monitoring of human rights.

Signing Members:

Disability Rights Agenda NGO

Helsinki Citizens' Assembly–Vanadzor

Health Policy and Innovation Center NGO

“Pink” Human Rights Defender NGO

“Kanani” NGO

Women’s Rights House NGO

“Ekho” Disability Rights NGO

Related Letters

Project implementation period: 01.01.2024 - 31.12.2026

Project goal: 

The overall goal of the action is to support the integration of a rights-based approach in mental health by creating policies and mechanisms for accessible, inclusive, and evidence-based mental health services and favorable public attitude towards mental health issues in Armenia.

Project objectives:

The measures taken in the framework of this Action are to achieve the following objectives:

• Develop rights-based mental health policies and instruments in line with the UN conventions and international standards;
• Collectively advocate for the introduction and revision of policies and instruments from a rights-based perspective;
• Revise and upgrade existing psychosocial services across Armenia;
• Develop and pilot new community-based mental health services and early identification mechanisms in Armenia;
• Increase the awareness and interest of the public concerning mental health issues with an emphasis on reducing the existing stigmatized attitude.

The report highlights the violation of the basic human rights of individuals, both with and without disabilities, during the blockade of the Lachin Corridor and the evacuation process. In Armenia, Mushegh Hovsepyan from Disability Rights Agenda (DRA) met with the Commissioner to present an analysis of the rights of displaced persons with disabilities and our observations on the blockade's impact.

The Commissioner underscored the necessity of mental health services, saying, “Given the experiences of refugees during the blockade and since their flight to Armenia there is also a very evident need for increased mental health and medical services. This includes those who have been traumatised, injured or whose health condition has deteriorated significantly over that period for reasons such as a lack of medicine and/or malnutrition.”

Regarding the situation in Nagorno-Karabakh (Artsakh), the Commissioner mentioned, “[Commissioner] was informed by the Azerbaijani authorities that very few ethnic Armenians who lived in the region had remained, mostly older people, individuals unable to travel due to their poor health condition, persons with disabilities or those who had no means to travel.”

The Commissioner expressed significant concerns about the institutionalization for persons with disabilities: “In this respect, the Commissioner raised her concern that vulnerable refugees appeared at heightened risk of ending up in institutionalised settings. She was informed, for example, that several persons with disabilities and older persons who had been living independently in the Karabakh region (for example, with family support) had been placed in state institutions in Armenia. The Commissioner has previously addressed the human rights consequences of the institutionalisation of persons with disabilities, older persons and children in Armenia. While she fully recognises the challenges faced by Armenian authorities at all levels in terms of providing assistance to these groups, she calls on them to remain alert to and make all possible efforts to avert the risks that the new situation of these people entails. The Commissioner discussed some of the steps foreseen by the government in relation to the adoption of a more deinstitutionalised approach. It is important to continue and accelerate deinstitutionalisation reform in Armenia, especially in regard to vulnerable persons displacement from the Karabakh region.”

Another key suggestion from DRA that was acknowledged in the Commissioner's report emphasizes the importance of engaging displaced individuals from the Karabakh region in decisions that affect them. The report states, “Additionally, it is crucial that refugees from the Karabakh region themselves are closely consulted about any activities that impact them and that they can actively participate in any decision-making affecting them.”

The full report is available on the Council of Europe's official website, Coe.int.

Full Report

This crucial document highlights the requirements of organizations led by persons with disabilities and their supporting NGOs. The insights from this study are beneficial for disability organizations, policy creators, and funding bodies.

The research report was published with the support of “Advocacy Needs Assessment of Organizations Defending the Interests of Persons with  Disabilities” research was conducted by Disability Rights Agenda NGO within the framework of  “Creating enabling environment and ecosystem for implementation of Convention on the rights of persons with disabilities and disability mainstreaming in Armenia” programme of the United Nations Population Fund (UNFPA). The programme is  funded by the United Nations Partnership on the Rights of Persons with  Disabilities Multi-Partner Trust Fund (UNPRPD MPTF).

We warmly encourage everyone to engage with, circulate, and discuss the valuable insights and suggestions presented in this report.

Download the Report

In case the pdf version is inaccessible, feel free to contact us at our email (info@dra.am). We are committed to providing the most accessible format possible.

The guidance proposes new objectives for law, including setting a clear mandate for mental health systems to adopt a rights-based approach. It outlines legal provisions required to promote deinstitutionalization and access to good quality, person-centred community mental health services. It highlights how laws can address stigma and discrimination and provides concrete measures on how to eliminate coercion in mental health services in favour of practices that respect people’s rights and dignity.

The Guidance also provides key information on how to adopt a human rights-based approach when reviewing, adopting, implementing and evaluating mental health related laws, and includes a practical checklist enabling countries to assess whether their laws align with current human rights standards.

It is with immense pride that we announce Disability Rights Agenda NGO's modest contribution to this pivotal guide, a collaboration that is acknowledged within the publication.

The guide is presently available in the English language.

Read in EN

Report on Employment and Inclusive Education

The first report, submitted in partnership with Eurasia Partnership Foundation, focuses on the inefficiency of government employment programs and the lack of inclusive education for children with sensory impairments. Shockingly, of the 3,096 individuals employed through annual government programs from 2020 to mid-2023, only 222 were persons with disabilities. The report also highlights the failure to provide inclusive education for children who are deaf, deaf-blind, or blind, emphasizing the need for universal design principles and removing formal restrictions that hinder job-seeking for individuals with disabilities.

Collaborating Organizations:

• Law Development and Protection Foundation
• Human Rights Research Center NGO
• Child Protection Network

Report in EN

Report on Mental Health and Deinstitutionalization

The second report, submitted in partnership with Democracy Development Foundation and other organizations, targets the right to mental health. Our findings reveal that Armenia's mental health laws are not in alignment with international human rights standards. The prevalence of coercive practices such as involuntary hospitalization, medication, and restraints is alarming. Moreover, there has been a notable lack of initiative from the government in adopting community-based, rights-focused mental health systems.

Collaborating Organizations:

• Helsinki Citizens’ Assembly – Vanadzor NGO
• Protection of Rights without Borders NGO
• Real World, Real People NGO
• Transparency International Anti-corruption Center NGO

Report in EN

This marked the first course on universal design for both specialists and non-specialists in Armenia. Advocates for the disabled, architects, educators, and other professionals came together to delve into the principles of universal design.

Image Description - Mr. Vahan Dishlanyan, Ms. Armine Sahakyan, Ms. Armine Avagyan, and Ms. Ruzanna Ghazaryan are seated around a table. Mr. Sasha Anikushin is standing in the middle of them.

The course was led by Mr. Sasha Anikushin and Mr. Narek Minasyan. Over the span of two days, they tackled a range of topics concerning the practical application of universal design, from built environments to the arts. Mr. Mushegh Hovsepyan from "Disability Rights Agenda" NGO briefed participants on the legal framework surrounding universal design and accessibility in Armenia.

Held on August 28 and 29, the training was initiated by the organization itself. It was meticulously planned to cater to the needs of the attendees while adhering to the principles of universal design, serving as a model for future event planning.

On the concluding day, attendees evaluated three different environments in Yerevan during group activities. The objective was to assess their adherence to universal design principles and offer pragmatic recommendations.

Just a few days ago, we filed an appeal with the administrative court against the RA Ministry of Labor and Social Affairs. Starting on February 1, 2023, the Ministry has been employing a novel set of evaluative tools to determine disability status. Specialist assessments gauge individual functionality, input this data into the system, and a final decision is automatically generated by the e-disability electronic system. What is troubling, however, is that the Ministry has not disclosed the formula behind these calculations, nor is this formula grounded in any established legal framework.

Consequently, thousands of people undergo this functional assessment without the ability to understand or challenge the basis of the decisions made about them. This practice undermines the rights of persons with disabilities to equal protection under the law.

We have petitioned the court to declare the Ministry’s actions—namely, the creation and implementation of this undisclosed formula within the e-disability system—as unlawful.

On September 1, Administrative Court Judge Aghasi Darbinyan approved our lawsuit for proceedings. The initial court hearing has been scheduled for December 6, 2023, at 3:30 p.m. and will be held at the Yerevan branch of the Administrative Court (in hall 25).

Given the unprecedented and significant scale of this case, we anticipate keen interest from media outlets, human rights organizations, and international partners alike.

Track the case: datalex.am

The assessment, encompassing five essential criteria, has been meticulously designed to understand the unique needs and challenges faced by individuals with disabilities throughout the country. These five criteria include:

• Population: Analyzing the demographic distribution across Armenia's regions to identify specific regional disparities.
• Population of individuals with disabilities: Gauging the prevalence and types of disabilities to ensure targeted support.
• Existing organizations of persons with disabilities: Assessing the presence and capacity of disability-focused organizations for collaborative efforts.
• Existing service provider NGOs: Identifying and evaluating the NGOs providing essential services to individuals with disabilities.
• Support from government and local self-government bodies: Examining the level of governmental assistance and local initiatives in facilitating disability rights.

The Multi-Criteria Assessment serves as a vital tool for Disability Rights Agenda in formulating targeted interventions tailored to the unique challenges faced by individuals with disabilities in different regions. By leveraging these insights, the organization aims to drive positive changes that promote inclusivity and equality across Armenia.

The outcomes of this assessment will fortify Disability Rights Agenda's application to the European Commission's "Civil Society Organisations as Actors for inclusive development and equality" call. This endeavor highlights the organization's dedication to creating a more inclusive and equitable society, empowering individuals with disabilities in every corner of Armenia.

Download .xlxs file

For media inquiries, please contact:  

Disability Rights Agenda NGO

Contact Person: Syuzanna Grigoryan

Email: syuzanna@dra.am

Phone: +374 77 400 350

Here at the Disability Rights Agenda, we actively participate as members in the commissions responsible for selecting directors for these institutions. Our primary objective is to ensure that the electoral process is conducted in accordance with the law, and that the individuals elected as directors prioritize the well-being and uphold the human rights of all those under their care.

It is important to note that all relevant organizations have the opportunity to participate in these commissions, as defined by the RA Government's decree N 539, dated April 22, 2022. However, it is often the case that our organization is the sole applicant seeking inclusion in these commissions.

As an organization, we are committed to transparency and accountability in all our endeavors. This section provides regular updates on our participation in commissions and offers a summary of the results of director selection contests.

Our aim is to keep you informed about the latest director competitions through chronological updates posted on this page.

Update: June 15, 2023

Organization: "Vardenis Neuropsychological Boarding House" (state non-profit organization of the RA Ministry of Labor and Social Affairs)

Competition Stage: Testing 

Commission Member: Mushegh Hovsepyan

Compliance with Legislation: The testing phase was conducted in accordance with the prescribed procedure.

Result: During the testing phase of the competition to fill the vacant position of director at the state non-profit organization "Vardenis Neuropsychological Boarding House" under the RA Ministry of Labor and Social Affairs, the following candidates appeared: Vardan Mirzoyan, Vahe Yengoyan, Ruben Khloyan, and Khachatur Barseghyan. However, Marine Sukiasyan did not attend the testing. None of the candidates were able to surpass the testing phase.

Update: May 29, 2023

Organization: "Child and Family Support Center of Shirak Marz" (state non-profit organization of the RA Ministry of Labor and Social Affairs)

Competition Stage: Testing

Commission Member: Mushegh Hovsepyan

Compliance with Legislation: The testing phase was conducted in accordance with the prescribed procedure.

Result: In the testing stage of the competition to fill the vacant position of director at the "Child and Family Support Center of Shirak Marz" state non-profit organization, the following candidates appeared: Marine Ghalacyan, Alina Adamyan, and Ruben Gomtsyan. None of the candidates were able to surpass the testing phase.

“We, the undersigned civil society organizations, are writing to bring your attention and request your urgent intervention in what we believe to be a pressing human rights emergency in Nagorno-Karabakh in the face of a growing risk of military escalation, leading to possible crimes against humanity and ethnic cleansing.  We request that you consider an urgent OHCHR mission to Nagorno-Karabakh as well as Lachin corridor, the only lifeline that connects Nagorno-Karabakh to Armenia and the world with a view to monitor rights to life, food, health, peace, freedom of movement as well as a range of other rights. We also believe it would be extremely important to launch a longer-term monitoring mission along the border of Armenia and Azerbaijan, given how the rights of local communities in Armenia have been impacted following the September 2022 attack of Azerbaijan against Armenia proper, which resulted in occupation of certain bordering territories of Armenia”, states the letter. 

Joint letter is signed by the Disability Rights Agenda NGO, Democracy Development Foundation, International Service for Human Rights, “Association of Women with University Education” Social Organization, “For Equal Rights” NGO, Analytical Centre on Globalization and Regional Cooperation, Coalition of Domestic Violence Support Centers, Helsinki Citizens’ Assembly-Vanadzor NGO, Journalists Club Asparez NGO, Law Development and Protection Foundation, Peace Dialogue NGO, Protection of Rights without Borders NGO, Public Journalism Club NGO, Regional Centre for Democracy and Security, Transparency International Anti-Corruption Center NGO, Union of Informed Citizens NGO, Women Resource Center NGO and Women’s Support Center NGO. 

“We strongly believe that consistent international attention and a physical presence on the ground are crucial to stabilizing the situation and preventing human rights atrocities and possible ethnic cleansing, and the High Commissioner should play a leading role here. Without proper attention and intervention, there is a risk of discrediting human rights mechanisms designed to prevent serious human rights abuses.  

Our recommendations are publicly condemn the blockade of the Lachin corridor, including during relevant sessions of the Human Rights Council, request and organize an urgent OHCHR mission to Nagorno-Karabakh as well as Lachin corridor to monitor the rights to life, food, health, peace, freedom of movement, and other rights and publish the findings of this mission as well as brief States, such as at an inter-sessional meeting of the UN Human Rights Council, request and deploy a longer-term monitoring OHCHR mission along the border between Armenia and Azerbaijan as a preventive measure against the further use of force and human rights abuses. In contrast with the EUMA, such a mission would have an explicit human rights mandate and provide independent public reporting on the human rights situation on the ground and would seek to have a mandate also in Azerbaijan”, says the letter.  

Project implementation period: 01.08.2022-30.03.2023

Project goal:

The project aims to support the Government of Armenia in revising the Disability Certification and Individual Rehabilitation Planning procedures in line with the principles of UNCRPD and based on the conceptual framework of the International Classification of Functioning, Disability and Health (ICF). 

Project objectives:

1. In the framework of the reforms implemented in the field of rights of people with disabilities in 2021, the Law “On the Rights of Persons with Disabilities” and the Law “On Assessment of Person’s Functionality” were adopted in May 2006, followed by PM Decree N 1316-A, ensuring the implementation of the Law “On Assessment of Person’s Functionality” and PM Decree 1317-A, ensuring the implementation of the Law “On the Rights of Persons with Disabilities”. For this purpose, series of supporting documents, procedures and legal acts should be developed.

2. To support the establishment and operation of the Centers for Independent Living tools, standards, procedures and other legal acts are to be developed.

3. Assessment report of the regulatory framework on the provision of assistive technology, as well as development of the relevant procedures and legal acts should be implemented.

The closure of the corridor has led to a series of human rights violations as well as denial of humanitarian access that has a disproportionately negative impact on persons with disabilities.

As a result of the blockade, around 120,000 people, including more than 9,000 persons with disabilities face grave human rights violations. This includes the denial of their freedom of movement as about 1,100 people cannot return to their homes in Nagorno-Karabakh, including 270 children separated from their parents.

Children’s right to inclusive education has been disrupted because kindergartens and preschools have been closed due to the insecurity of food supply.

Due to the closure of the road, access to essential goods and services in the region has become impossible. Shops are mostly empty, and medicine, including for children and persons with long-term medical conditions, are largely unavailable. There are reports of children being given adult medicines due to these shortages.

The situation is particularly challenging for persons with disabilities living in residential institutions because the issue of access to medicine is getting worse from day to day and food supplies are especially limited for people who have special dietary requirements.

People in need of urgent medical assistance, whose treatment cannot be organized in Nagorno Karabakh, can be transferred to Armenia, but only with the help of the International Committee of the Red Cross.

IDA and EDF call on all parties to fulfill all their obligations according to the United Nations Convention on the Rights of Persons with Disabilities and the Security Council Resolution 2475. The Government of Azerbaijan and the peacekeeping contingent of the Russian Federation must immediately unblock the Lachin Corridor in accordance with paragraph 6 of the November 9, 2020, Trilateral Statement. We call for the unimpeded humanitarian access as well as freedom of movement along the Lachin Corridor, in both directions, for all civilians, to ensure safe, timely and unlimited humanitarian assistance for all.

We call on the authorities of Armenia to take all necessary measures to ensure fulfilling human rights of those who cannot return to Nagorno-Karabakh, providing them with accessible conditions and reasonable accommodations. We call on all leaders in the region to work together towards a peaceful solution to prevent military escalation of the conflict and help facilitate peace negotiations.

We call on humanitarian actors and human rights organizationsto provide adequate assistance to people with disabilities in the region, meaningfully considering gender and age differences as stipulated in the international standards including the Inter-Agency Standing Committee Guidelines on Inclusion of Persons with Disabilities in Humanitarian Action.

The meaningful participation of persons with disabilities and their representative organizations in the conflict prevention and resolution processes should be assured to ensure that the human rights of persons with disabilities are protected, promoted and prioritized.

Statement signed by IDA and EDF

Persons with disabilities are disproportionately impacted by conflict and humanitarian crises. The situation can be particularly dangerous for people living in institutional care, and the municipality of Vardenis hosts Armenia’s biggest Psychoneurological Boarding House, accommodating 450 persons with intellectual and/or psychosocial disabilities. We are also very concerned by the reports of the dire living conditions in this institution, where some residents are isolated and deprived of their legal capacity.

In 2019, the UN Security Council adopted Resolution 2475(2019). This resolution, in line with Article 11 of the UN Convention on the Rights of Persons with Disabilities (CRPD), calls on all parties in an armed conflict to protect persons with disabilities in conflict situations and to ensure they have equal access to justice, basic services and humanitarian assistance.

In this sensitive moment of high tensions and instability between Armenia and Azerbaijan, we, once again, condemn the targeting of civilians, particularly of persons with disabilities.

We call both countries as well as the international community to take all the necessary measures to protect all civilians, including persons with disabilities and prevent an escalation that would lead to another humanitarian disaster in Europe;

We urge the Armenian government to

(a) closely consult and actively involve persons with disabilities and their representative organizations in the development, implementation and monitoring of emergency-related legislation and policies, and the establishment of priorities for aid distribution, in accordance with CRPD article 4 (3);

(b) accelerate efforts to close institutions and prioritize the development of individualized support and inclusive mainstream services in the communities for adults and children with disabilities, in compliance with Article 19 of the Convention on the Rights of Persons with Disabilities and the newly adopted CRPD Guidelines on deinstitutionalization, including in emergencies (CRPD/C/27/3).

Signed by:

European Disability Forum

Disability Rights Agenda NGO

Mental Health Europe

On September 13, 2022, at 12:05 am, the Republic of Azerbaijan, grossly violating the United Nations Charter (art. 2 (4)) signed on June 26, 1945, United Nations General Assembly Resolution 3314, attacked Armenian military and civilian infrastructure using heavy artillery, mortars, and UAVs.

Explosions attributed to artillery and drones were reported by residents of Vardenis, Jermuk, Goris and Tatev, cities within Armenia proper. Civilians from some Armenian villages along the border are being evacuated.

The largest institution in Armenia is located in Vardenis - Vardenis Psychoneurological Boarding House. Around 450 people with intellectual and psychosocial disabilities live in this institution.

DRA, an organization of persons with disabilities based in Armenia, asked international human rights organizations for their support to:

• Call on Azerbaijan to stop the war now;
• Write to the governments to do all they can to stop the war and prevent a possible humanitarian disaster in Eastern Europe;
• Draw the attention of international actors to condemn Azerbaijan's criminal actions, and urgently support the Government of Armenia and organizations of persons with disabilities in ensuring safety of persons with disabilities, including those in institutions.

14.09.2022

As a result of aggression, children's right to inclusive education was disrupted in Gegharkunik, Vayots Dzor and Syunik regions. RA Ministry of Education has decided to grant unscheduled holiday to general educational institutions of these settlements.

Following the data collected by the Human Rights Defender's office, at least 2,570 people have been displaced from the following communities: Sotk, Norabak, Kut, Azat, Airk, Tretuk, Kutakavan of Gegharkunik province, and Chakaten, Shikahogh, Srashen, Nerkin Hand, Aghitu, Akner, Verishen in Syunik province. The vast majority of displaced persons are women, children, and elderly people, including persons with disabilities.

There is also great evidence of shelling and disruption of civilian infrastructure: people's homes, communication, electricity, and other infrastructure. Large-scale destructions are evidenced, especially in Sotk, Kut, Karashen, and Verishen communities, similar facts to which were also collected from Geghamasar, Aghitu, Srashen, and Noravan communities. 

15.09.2022

192 residential homes sustained various degrees of damage in Gegharkunik, Syunik and Vayots Dzor regions, 60 of which were destroyed. 

Resources:

[1] OC-Media, Azerbaijan launches attacks along Armenian border, https://oc-media.org/azerbaijan-launches-attacks-along-armenian-border/

[2] EVN Report, Azerbaijan Launches Large-Scale Attack Against Armenia, https://evnreport.com/politics/azerbaijan-launches-large-scale-attack-against-armenia/

[3] Human Rights Defender, https://ombuds.am/en_us/site/ViewNews/2345

Project implementation period: 15.01.2022-15.02.2022

Project goal:

Assist the Ministry of Labor and Social Affairs of the Republic of Armenia in the development of by-laws ensuring the implementation of the laws of the Republic of Armenia "On the Rights of Persons with Disabilities" and "On the Functional Assessment".

Project objectives:

1. Develop the Draft Government Decree “On Approving Accessibility Requirements for the Official Websites of State and Local Self-Government Bodies";

2. Develop the Draft Government Decree “On Approving the Procedure for Ensuring Reasonable Adaptations”;
3. Develop the Draft Government Decree “On Approving the Procedure for Providing Personal Assistant Services";

4. Develop the Order of the Minister of Labour and Social Affairs of the Republic of Armenia "On Approving the Procedure for Monitoring the Activities of the Commissions
Evaluating the Functionality of a Person".

The positions expressed in the drafts belong to the Ministry of Labor and Social Affairs and do not necessarily coincide with the views of the UNDP.

The Police did not take into account all the procedural and environmental barriers that are common to citizens with disabilities (including but not limited to persons with psychosocial and/or intellectual disabilities, with hearing and visual impairments, persons in need of high level of support) when receiving or changing passports.

The methodological instructions for drafting legal acts were also not taken into account. The problems to be solved by the draft are not described, there is no study of international experience, justification of the choice, possible alternative approaches to the issue. The absence of the latter does not allow to fully understand the purpose of the project, in case of impossibility to achieve the goal by other means to offer options to mitigate or compensate for the consequences of this regulation.

There is also no information in the justifications of the project, what actions the Police has taken to assess the proportionality of the measure to be applied to the citizens with disabilities, to exclude indirect discrimination.

The UN CRPD Committee's General Comment No. 6 (2018) on equality and non-discrimination (CRPD/C/GC/6) and the Concluding observations on the initial report of Armenia (CRPD/C/ARM/CO/1) were ignored. 

The Committee was concerned about structural barriers preventing persons with disabilities from obtaining passports and identity cards on an equal basis with others.

The Committee recommendեդ that the State party take all measures necessary to ensure that persons with disabilities can obtain passports and identity cards on an equal basis with others, including by providing reasonable accommodation to facilitate access to public offices and passport delivery procedures.   

"Disability Rights Agenda" NGO proposed to withdraw the draft as it contradicts the requirements of article 5 (Equality and Non-discrimination) and article 18 (Liberty of movement and nationality) of the Convention on the Rights of Persons with Disabilities.

Issued by: Special Rapporteur on the rights of persons with disabilities

Purpose: To inform the Special Rapporteur’s thematic report on Artificial Intelligence and the rights of persons with disabilities, to be presented to the Human Rights Council at its 49^th session, in March 2022

Background 

Twice a year, the Special Rapporteur on the rights of persons with disabilities issues calls for inputs to inform his thematic studies to be presented at the Human Rights Council at its March session and at the General Assembly in October.

Pursuant to Human Rights Council Resolution 44/10, the Special Rapporteur on the rights of person with disabilities has begun the preparation of his next thematic report, which will focus on Artificial Intelligence and the rights of persons with disabilities. The report will be presented to the Human Rights Council at its 49th session in March 2022. 

Objectives 

In his report, the Special Rapporteur intends to undertake innovative research concerning the effect of new technologies involving Artificial Intelligence (AI), Machine Learning (ML) and Automated Decision Making (ADM) on persons with disabilities. 

In view of the rapid worldwide deployment of these new technologies, the Special Rapporteur wishes to examine how they can advance the rights of persons with disabilities and, equally important, examine their potential to do harm and, in so doing, reduce, mitigate and eliminate such harm. 

The Special Rapporteur notes the work already undertaken by the United Nations including the report of the High Commissioner for Human Rights on the right to privacy in the digital age, presented to the Human Rights Council at its 48th session (A/HRC/48/31). He wishes to take forward this work by referencing specifically to the rights of persons with disabilities as set out in the Convention on the Rights of Persons with Disabilities (CRPD), and the United Nations Flagship Report on Disability and Sustainable Development Goals (the Flagship Report). 

After engaging with all relevant actors (States, civil society, national human rights institutions (NHRIs), organizations of persons with disabilities (OPDs) and commercial undertakings and other stakeholders), he expects that the report will identify good practices but also propose “red lines” prohibiting harmful uses contrary to established human rights norms. 

The Special Rapporteur expects his report will propose that relevant actors engage with a cyclical three-stage process. 

1. Mapping: Relevant actors should (1) Identify the use of new technologies within their territories, their potential to enhance the rights of persons with disabilities and the extent to which they risk infringing them, (2) Examine the reach, effectiveness and accessibility of existing legal protections of the rights of persons with disabilities in order to protect and enhance rights; and, (3) Review the extent to which national protections and incentives are “fit for purpose” to protect and enhance the rights of persons with disabilities.
2. Action: Having identified gaps in existing protection under (a), relevant actors should (4) Develop and execute an appropriate “action plan” with measures such as capacity building, education, guidance, increasing resources to meet identified needs, propose legislative change, and plan other targeted measures which will guard and enhance the rights of persons with disabilities.
3. Assessment: Having formulated a plan of action, relevant actors should (5) Monitor their deployment, and, (6) Assess and evaluate its achievements and change course, where necessary. 

There are many domains in which AI, ML and ADM are being used. The Special Rapporteur wishes to focus on the benefits and potential for discriminatory outcomes in relation to the following key areas:

1. Interactions between persons with disabilities and State bodies
2. the status of persons with disabilities as beneficiaries in relation to the providers of goods and services,
3. the role of persons with disabilities as workers/employees in relation to their employers and potential employers, 
4. the ways in which persons with disabilities can access education and information, and
5. all aspects facilitating the independent living of persons with disabilities.

Questionnaire and types of input sought

In order to inform the preparation of his report, the Special Rapporteur seeks contributions from States, National Human Rights Institutions, civil society organizations, United Nations agencies, academia, international and regional organizations, corporate entities, individuals, and other stakeholders. 

Inputs may be sent through answering the following questionnaire (available in English only), or through direct, stand-alone contributions. 

The Special Rapporteur transmits the following Questionnaires to relevant actors as follows - 

• Questionnaire A: States [Word | PDF]
• Questionnaire B: NGOs, NHRIs, OPDs, human rights defenders and civil society, [Word | PDF] and
• Questionnaire C: Commercial undertakings, trade bodies, academic institutions, and similar undertakings engaged in the development of AI, ML and ADM and similar technologies. [Word | PDF]

Inputs can be sent in accessible format (Word document) by email to: ohchr-sr.disability@un.org

All submissions must be received by 3 November 2021 at 6 p.m. CEST.

When submitting your reply, kindly indicate if you have any objections with regard to your reply being made available on this website. 

Instructions

E-mail address: ohchr-sr.disability@un.org

E-mail subject line: Inputs - SR Disability Report on armed conflict and disability

Deadline: 3 November 2021, 6 p.m. CET

Word limit: (preferably up to) 2500 words

File formats: Accessible document (Word/accessible PDF)

Accepted language: English only

How will inputs be used?

Inputs received within the deadline indicated above will inform the report of the Special Rapporteur on artificial intelligence and the rights of persons with disabilities. 

All submissions received in accessible format will be published on this webpage, unless the submitter clearly indicated that they did not wish to have their input be made publicly available when submitting their response.

Please note that submissions received in non-accessible PDF format will not be published, but may be made available upon request. 

Source: https://www.ohchr.org/EN/Issues/Disability/SRDisabilities/Pages/HRC49-Artificial-Intelligence-Report.aspx

The article was about a man with a mental health condition (assumption) being forcibly hospitalized by the police and the staff of the Ministry of Emergency Situation, using physical restraint. The Media Ethics Observatory considered that such coverage of the event was not necessary from the point of view of protection of public interests. 

The Media Ethics Observatory noted that the notice at the end of the text of the article ("A person suspected or accused of an alleged crime is presumed innocent until proven guilty by a court judgment") suggests that the author of the publication identifies a person with alleged health conditions with a criminal, which is unacceptable. "If a person has an illness or mental health conditions, even presumably he can not be considered a criminal," the expert opinion says.

In the photos attached to the article, the face of the person being subjected to compulsory hospitalization is visible, with which it is possible to identify him. "This is unacceptable from the point of view of the protection of a person's data," the Media Ethics Observatory stressed.

"It is especially unacceptable that the website broadcasts the words of the doctor (within 6:43 - 6:55), which claims that the person has mental health conditions, has just been "released" from the mental health center. From an ethical point of view, as well as the need to maintain privacy and medical confidentiality, the editors should refrain from making such an assertion. ”

The Media Ethics Observatory called on:

• Discuss the level of public interest of such incidents before the coverage.
• If, nevertheless, a decision is made to cover, to exclude as much as possible the publication of information that violates the principle of privacy of a person and make it possible to identify the person.
• Do not be prejudiced against people in such a situation by giving diagnoses or identifying their behavior with a crime.

The Media Ethics Observatory also applied to various state bodies, expressing concerns on many issues. In particular, the monitoring body considered it worrying that "information about emergencies is first of all transferred to shamshyan.com website, besides, photos and videos are also provided." This self-regulatory body stressed that if it is not a policy, but is implemented on the initiative of lower-level employees, then the issue should be regulated. "We believe that informing a website about such and other cases, which does not know the basic norms of journalistic ethics, is always fraught with the risk of interfering in people's private and family lives, covering up possible disproportionate actions of law enforcement agencies."

The Media Ethics Observatory also appealed to health care providers and their employees to "take into account the medical confidentiality and the legal requirements for publishing personal information before providing health information."

Expert Opinion in AM  Annex in AM

P.S. Taking into account that the publication substantially violated the right to medical confidentiality of the person, the "Disability Rights Agenda" non-governmental organization requested information from the RA Prosecutor General to find out whether the publication was examined by the Prosecutor's Office or not. The organization received the answer to the inquiry, but not all the questions were answered (for example, the question about the disclosure of medical data by the medical staff was not addressed). The prosecutor's office had not examined the publication before the inquiry. The request for information (probably considered as an application) was sent to the RA Police with an offer to conduct an official investigation. The postscript will be updated as soon as we receive information about the process.

By the terms of resolution 2475 (2019), the 15-member Council called upon all parties to armed conflict to allow and facilitate safe, timely and unimpeded humanitarian access to all people in need of assistance. It further urged them to prevent violence and abuses against civilians in situations of armed conflict.

Encouraging Member States to ensure that persons with disabilities enjoy equal access to basic services, including education, health care, transportation and information and communications technology (ICT) and systems, the Council further urged States to enable the meaningful participation and representation of persons with disabilities, including their representative organizations, in humanitarian action and conflict prevention, resolution, reconciliation, reconstruction and peacebuilding.

Further by the resolution, the Council urged the Member States to take steps to eliminate discrimination and marginalization on the basis of disability in situations of armed conflict. It also urged States parties to comply with their obligations under the 2006 Convention on the Rights of Persons with Disabilities.

There is an action on the resolution in the "Action Program for Protection of the Rights and Social Inclusion of Persons with Disabilities Acquiring Disability during Military Service ", which will be implemented in 2021 and 2022. It was approved by the decision of the Government of the Republic of Armenia on March 18. According to the program, the RA Ministry of Foreign Affairs, the RA Ministry of Labor and Social Affairs in 2021-2023 must ensure the effective participation of persons with disabilities in conflict prevention, resolution and peacebuilding and humanitarian action, taking into account Resolution 2475.

“Disability Rights Agenda" NGO translated Resolution 2475 into Armenian on its initiative. It was sent to the public administration bodies to use the Armenian version in further works.

Read the Armenian verison

Members of the group: Disability Rights Agenda, Helsinki Citizens' Assembly Vanadzor, For Equal Rights, Women's Rights House, Pink, Real World, Real People, Human Rights Research Center, Women's Empowerment Center, Human Rights House Yerevan, Women's Resource Center NGOs.

It should be noted that according to the order of the RA Minister of Health, the report was submitted to the Ministry for comments, but the Ministry did not respond to the report in due time. The report was published without comments.

Short Summary

The report summarizes the impact of the COVID-19 pandemic on persons with psychosocial disabilities and the staff of the Avan Mental Health Center, the National Center for Mental Health, the Sevan Mental Health Center. The report addresses the level of preparedness of institutions to respond to the pandemic, the adequacy of personal protective equipment (PPE), Food availability, and the provision of communication means with the outside world.

Observations generally show that the institutions were able to take measures to prevent the pandemic for some time. In particular, it was possible to prevent the spread of an uncontrollable degree of infection throughout the institution, despite cases of infection among staff receiving treatment and care. The results of the monitoring, however, showed that the institutions were not ready for action in such an emergency in terms of procedure or equipment. It was noted that the implementation of preventive measures has highlighted the additional burden on staff, the situation of labor rights, as well as the lack of resources, the vulnerability of people in closed institutions during emergencies.

Observations show that it is even more problematic to provide care in institutions and adequate living conditions, including food and hygiene items, for persons with mental health conditions during emergencies. In other words, the people receiving treatment were deprived of the opportunity to receive food, clothes, and personal hygiene items from their relatives, and the institutions were not able to provide them with a proper amount.

The following main issues have been identified:

• Insufficient conditions for quarantine of potentially infected or infected persons who were newly registered in the hospitals;
• Incomplete adherence to procedures to prevent the spread of infection;
• Insufficient level of PPEs required to prevent infection;
• Lack or improper provision of communication means;
• Insufficient human resources. 

Read the report in Armenian

Period: 01.07.2021-28.02.2022

Coordinator: Disability-Rights Agenda NGO

Donor: Eurasia Partnership Foundations, Embassy of Sweden in Yerevan and SIDA 

Project Activities:

1. Assess the National Comprehensive Program for 2017-2021 on the Social Inclusion of Persons with Disabilities and make suggestions for the improvement;
2. Support the Ministry of Labor and Social Affairs of the Republic of Armenia for the participatory and accessible development of the National Comprehensive Program for 2021-2026;
3. Develop the organization's institutional capabilities of monitoring and advocacy (including through the development of necessary procedures, tools, and formats) and increase the visibility of the organization.

Project Documents: