A/HRC/43/41/Add.1
B.
Institutional and policy frameworks
12.
The Special Rapporteur noted with appreciation that the long-term Kuwaiti National
Development Plan that was launched in 2017, reflecting the vision for the country by 2035,
includes under the “human capital” pillar several projects for the inclusion of persons with
disabilities, with a total investment of over US$ 60 million. For instance, the Plan identified
four goals and targets for the “care and integration of persons with disabilities”: (a)
programmes on early detection and provision of health care; (b) increasing awareness
among persons with disabilities of their rights, promoting their participation in society and
combating stereotypes, especially in relation to persons with intellectual disabilities; (c)
developing a comprehensive system for the inclusion of persons with disabilities in the
labour market and in the education system, with increased opportunities for them; and (d)
encouraging the private sector to establish partnerships with the public sector and civil
society for the inclusion of persons with disabilities through corporate social responsibility.
The Plan, which includes provisions on universal design (see sect. III C below), is a
significant accomplishment that should be supplemented with clear, time-bound
benchmarks and effective implementation plans and accountability frameworks, along with
the necessary budgetary and fiscal measures.
13.
The Public Authority for Disabled Affairs is the governmental focal point on
disability, as provided for in article 33 (1) of the Convention. Its mandate includes the
implementation of an integrated action plan covering social welfare for persons with
disabilities, as well as the provision of social services for all Kuwaitis with disabilities. In
recent years, considerable efforts have been made to strengthen the technical skills,
knowledge and capacity of its staff through the implementation of a project with the
support of UNDP, and to gradually move away from service provision towards the effective
implementation, mainstreaming and coordination of disability issues within the
Government. The Special Rapporteur encouraged the Public Authority for Disabled Affairs
and UNDP to continue this project and to develop the skills and capacities of organizations
of persons with disabilities.
14.
The Special Rapporteur strongly encouraged the Government to include in the
strategic partnership framework that was being negotiated with the United Nations
provisions for the inclusion of persons with disabilities in all pillars of the Kuwait Vision
2035 National Development Plan and to mainstream the disability rights perspective in all
cooperation strategies and programmes in the country. Moreover, she urged it to include the
rights of persons with disabilities in all efforts to support the implementation of the
Sustainable Development Goals, so that persons with disabilities in Kuwait are not left
behind.
15.
The Government of Kuwait has yet to designate or set up an independent mechanism
that is compliant with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles) to monitor the
implementation of the Convention with the participation of persons with disabilities, as
required by its articles 33 (2) and (3). The Special Rapporteur does not consider that the
Supreme Council for Disabled Affairs or the Friends of the Disabled, established under
articles 49 and 68 of Law No. 8/2010 respectively, meet the requirements of article 33 of
the Convention, even though they include organizations of persons with disabilities among
their members. In this regard, the establishment in September 2018 of the National Council
for Human Rights, mandated to promote and monitor the implementation of all
international human rights treaties in the country, as required by Law No. 67/2015, is a
welcome development. Once fully established and operational, the Government could
consider designating this body as the independent monitoring mechanism required by the
Convention, and equipping it with the necessary mandate and resources.
C.
Legal and policy issues to be addressed
16.
Law No. 8/2010 on the rights of people with disabilities is less comprehensive in
scope than the Convention and is not fully compliant with it. By way of example, the Law
does not refer to core civil and political rights, such as the rights to life, liberty and security
of the person, political participation, legal capacity and equal recognition before the law.
The Law also reflects the outdated medical model of disability, where persons with
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