A/HRC/43/41/Add.1
Denial of legal capacity
85.
The Special Rapporteur recommends that the Government:
(a)
Guarantee the exercise of legal capacity to all persons with disabilities,
including those with psychosocial or intellectual disabilities, in all aspects of life, and
provide them with access to the support they may require to take informed decisions;
(b)
Adopt an enabling policy framework to ensure the effective access of
persons with disabilities to appropriate supported decision-making arrangements;
(c)
Conduct a comprehensive law review to abolish or revoke all laws and
regulations that directly or indirectly restrict the legal capacity of persons with
disabilities and/or allow for substituted decision-making, including those referred to
in Law No. 8/2010, the Civil Code, the Penal Code and other national legislation;
(d)
Promote and provide training on the right to legal capacity of persons
with disabilities for State authorities, judges, notaries, service providers, persons with
disabilities, their families and other relevant actors.
Access to justice
86.
The Special Rapporteur recommends that the Government make all judicial
proceedings accessible to all persons with disabilities, including through the provision
of legal aid and information in accessible formats, Kuwaiti Sign Language
interpretation and protocols for procedural and age-appropriate accommodation.
International cooperation
87.
The Special Rapporteur recommends that the Government:
(a)
Include in the strategic partnership framework with the United Nations
provisions for the inclusion of persons with disabilities in all pillars of the Kuwait
Vision 2035 National Development Plan, and mainstream disability in all cooperation
strategies and programmes in Kuwait;
(b)
Include the rights of persons with disabilities in all the programmes,
strategies and projects of the Kuwait Fund for Arab Economic Development and
make disability a conditionality to receive international development assistance.
88.
The Special Rapporteur recommends that the United Nations country team:
(a)
Support the efforts of the State to achieve compliance with the
Convention on the Rights of Persons with Disabilities and implement the Sustainable
Development Goals in an inclusive and cross-cutting manner;
(b)
Mainstream the rights of persons with disabilities in all its programmes,
assessments, strategies and projects in Kuwait, make them accessible to persons with
disabilities and recruit persons with disabilities onto their staff, as required by the
United Nations Disability Inclusion Strategy.
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