A/HRC/43/41/Add.1 G. Social protection 48. Kuwait has a very comprehensive social protection system for Kuwaitis with disabilities, and allocates significant financial resources to it. The system covers a wide range of benefits targeting persons with disabilities, which vary depending on whether a person’s impairment is mild, moderate or severe. According to chapter seven of Law No. 8/2010, these can include an allowance for domestic help or a driver, a housing grant, an allowance for those under 21 years, and a disability pension for those over 21 years who do not work. Moreover, there are additional benefits for workers with disabilities and their family members, such as reduced working hours, extra vacation time and a monthly allowance for female caregivers. 49. While disability benefits are fundamental to ensure income security for persons with disabilities, they should be designed in a way that promotes the inclusion and active participation of persons with disabilities within their communities. In this regard, the Special Rapporteur expressed concern that the Kuwaiti social protection system creates disincentives to the inclusion of persons with disabilities in education and in the labour market, as persons with disabilities must choose between keeping a stable disability pension or seeking employment or education opportunities for which accommodation and services do not exist. Moreover, it is problematic that many benefits are allocated to caregivers (normally a close relative) rather than to persons with disabilities themselves. The Special Rapporteur received reports that often, caregivers keep the funds for themselves and/or discourage their relatives with disabilities from accessing education and employment in order to maintain such benefits. She was also informed of the situation of mothers who, following a divorce, continue to take care of their children with disabilities, while the father becomes the official recipient of the caregiver benefit. 50. According to information provided by the Public Authority for Disabled Affairs, as of October 2018, the Authority had registered 45,121 Kuwaitis and 6,567 non-Kuwaitis as persons with disabilities (including 1,753 stateless Bidoon), as well as 3,537 as caregivers. There are nine medical committees composed of specialist doctors from the Ministry of Health and Kuwait University who are in charge of the disability assessment and determination, which is based solely on a medical assessment. They issue disability certificates determining the type and degree of a person’s impairment. The Public Authority for Disabled Affairs then issues a disability card based on the disability certificate issued by the competent technical committee. The authorities and civil society organizations identified several challenges related to those processes, including the use of different determination criteria, the lack of training of staff conducting the assessment, and delays in the issuance of disability certificates. The Public Authority for Disabled Affairs has requested the Special Rapporteur’s technical assistance to address these challenges and to share good practices from other countries. She has accepted this request. She also urged the authorities to delink a person’s disability status from the reception of social protection benefits, as this generates pressure to reduce the number of persons with disabilities being granted disability status due to the high costs of benefits. 51. The Special Rapporteur noted that, as persons with psychosocial disabilities or with a mental health problem are not considered persons with disabilities under Law No. 8/2010 (art. 1), they cannot obtain a disability certificate. This is discriminatory, not only because they cannot access the range of available disability benefits under the social protection scheme unless they are identified as persons with intellectual disabilities in the disability assessment, but also because they are “treated” according to a medical approach under the responsibility of the Ministry of Health. After the visit, the Public Authority for Disabled Affairs reported that some 311 certificates specifically tailored to persons with psychosocial disabilities had been issued. 52. Moreover, the Special Rapporteur was informed that many Kuwaitis with disabilities manage to obtain the benefits to which they are entitled under Law No. 8/2010 or to have their disability status recognized only after successful litigation in court. For instance, one law firm alone has represented more than 400 persons with disabilities in court in cases relating to non-respect of the provisions of this Law. The Public Authority for Disabled Affairs reported that, of the 3,006 lawsuits that had been filed against it, 724 had been settled in its favour and 225 in favour of the claimants. The remaining lawsuits were pending a decision. 11