A/HRC/40/32
legislation and policies related to persons with disabilities. In Germany, organizations of
persons with disabilities provide recommendations that delineate the responsibilities of
different rehabilitation providers. When consulting with persons with disabilities,
policymakers should ensure that they gather views across a wide spectrum that are
representative of the diversity of the disability community, including in terms of age,
gender, geographic location and rehabilitation requirements. Steps should be taken to reach
out to and meaningfully engage with those persons with disabilities who are usually
excluded, such as women and girls, children, older persons, persons with intellectual or
psychosocial disabilities, autistic persons and deafblind persons.
IV. Implementation measures
A.
Policy and legal framework
51.
States should put in place a legislative framework for the establishment,
organization and delivery of comprehensive, coordinated, multidisciplinary and inclusive
rehabilitation services (see, for example, CRPD/C/MKD/CO/1, para. 44). When the State
has chosen to address rehabilitation services primarily in the framework of health
legislation, it should ensure that their non-health aspects are equally recognized and funded.
To this end, it is advisable that, where appropriate, rehabilitation is further addressed in
labour, education and social protection legislation and in laws and policies establishing a
general framework for the protection of the rights of persons with disabilities. States should
avoid framing their general law and/or policy on the rights of persons with disabilities
around rehabilitation, as the latter is just one among many strategies that contribute to their
inclusion, as recognized in the Convention.
52.
Legislation on rehabilitation should introduce minimum requirements for the quality
of services and entrench a human rights-based approach to their provision, including with
respect to free and informed consent, non-discrimination, availability, affordability,
accessibility, access in the community and participation. The legislative framework for
rehabilitation should include oversight and accountability mechanisms with regard to the
quality of rehabilitation services. It must include effective remedies to allow persons with
disabilities to obtain adequate redress for violations of their rights in the context of
rehabilitation. For complaints relating to rehabilitation in health settings, a judicial or quasijudicial body is needed rather than purely administrative mechanisms (A/69/299, para. 17).
53.
States should develop rehabilitation policies that emphasize participation and
inclusion as the underlying principles and the aims of rehabilitation. Rehabilitation policies
should prioritize early intervention and promote a comprehensive and individualized
approach to service delivery, access to accessible, adequate and affordable assistive devices
and technologies, the integration and decentralization of rehabilitation services, and the
availability of services as close as possible to communities, including in rural areas
(A/73/161, para. 52). 33 It is good practice to adopt an evidence-based national plan on
rehabilitation that covers key aspects of rehabilitation provision such as leadership,
financing, information, service delivery, products and technologies, and the rehabilitation
workforce. 34 Rehabilitation legislation and policies should be developed with the
participation of persons with disabilities, including children, by closely consulting with and
actively involving their representative organizations.35
B.
Coordination
54.
The cross-sectoral nature of rehabilitation means that a number of State agencies can
be involved in its provision, including those working in the fields of public health, social
33
34
35
See also WHO, World Report on Disability, p. 105.
Ibid., p. 105.
Article 4 (3) of the Convention on the Rights of Persons with Disabilities.
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