A/HRC/43/41/Add.1
V. Conclusions and recommendations
A.
Conclusions
71.
The adoption of disability-specific legislation and the ratification of the
Convention in 2013 are fundamental steps to promote and protect the rights of
persons with disabilities in Kuwait. The Special Rapporteur acknowledged the keen
interest, commitment and political will of the authorities to improve the situation of all
persons with disabilities in Kuwait, who also recognized the need to strengthen efforts
and capacities to ensure long-term sustainability in all areas of intervention.
72.
While Kuwait allocates significant financial resources to provide benefits for
Kuwaitis with disabilities, it does not sufficiently invest in designing and developing
services close to where people live and in creating incentives to pursue education and
employment. Therefore, Kuwait needs to structurally transform its system so that it
can support all persons with disabilities in Kuwait, including non-nationals, to actively
participate in society, through the provision of accessible, inclusive community-based
support in all areas, including health care, education and employment.
73.
The implementation of the Sustainable Development Goals and the Kuwait
Vision 2035 National Development Plan constitute good opportunities to foster
development that is inclusive of persons with disabilities and to achieve the realization
of the rights of persons with disabilities in Kuwait.
74.
The Special Rapporteur looks forward to a continued dialogue and
collaboration with Kuwait on the implementation of her recommendations. She hopes
that her visit and report will assist in promoting the inclusion of persons with
disabilities and in making the shift necessary to create a truly inclusive society by 2035.
B.
Recommendations
Legal and institutional framework
75.
The Special Rapporteur recommends that the Government:
(a)
Ratify the Optional Protocol to the Convention on the Rights of Persons
with Disabilities, the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, the International Convention for
the Protection of All Persons from Enforced Disappearance, the Optional Protocol to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, the second Optional Protocol to the International Covenant on Civil
and Political Rights, aiming at the abolition of the death penalty, and the Marrakesh
Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually
Impaired, or Otherwise Print Disabled;
(b)
Withdraw its interpretative declarations on articles 12 (2) and 19 (a) and
its reservations to articles 18 (1) (a) and 23 (2) of the Convention on the Rights of
Persons with Disabilities;
(c)
Conduct a comprehensive review of current legislation to fully
harmonize the Kuwaiti normative framework with the provisions of the Convention,
including Law No. 8/2010 on the rights of persons with disabilities, Law No. 21/2015
on the protection of the rights of the child, the Civil Code, the Code of Civil Procedure
and the Penal Code;
(d)
Ensure that all public policies, including disability-specific policies,
adopt a human rights-based approach to disability and aim to remove barriers that
impede the effective and full participation of all persons with disabilities in Kuwait;
(e)
Within the framework of the Kuwait Vision 2035 National Development
Plan, ensure that the 2020–2025 strategy for persons with disabilities includes timebound benchmarks and effective implementation plans and accountability
frameworks, along with the necessary budgetary and fiscal measures;
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