A/HRC/16/8
children from any risky situation, to establish the channels for action and to match the
specialists and types of intervention to the seriousness of the situation. The procedure had
been drawn up with the various social actors concerned to ensure that intervention was
flexible and effective, safeguarded the best interests of the child and avoided the double
victimization of the child.
70.
Since empowerment, or re-empowerment, must take account of individual
characteristics such as competence, awareness and social motivation, as well as
characteristics related to environmental action, the Government’s programmes were
designed to foster integration, inclusiveness and autonomy.
71.
The Accessibility Act, passed on 6 April 1995, was based on the principle that
accessibility and guaranteed access to the environment and public spaces were rights in
respect of which no discrimination was permissible. In keeping with the Constitution, the
act proposed the establishment of conditions conducive to real and effective equality and
liberty of individuals. The Accessibility Regulations of 31 May 1995 went further, by
establishing the Commission for the Promotion of Accessibility.
72.
The Act Guaranteeing the Rights of Persons with Disabilities, adopted on 17
October 2002, did not deal specifically with disabled persons as a group, which could be
taken as a form of discrimination, but rather introduced a number of measures to guarantee
that persons with disabilities could exercise their rights and duties on a basis of equality.
73.
The act had established the National Council of Persons with Disabilities, an
advisory and participatory body responsible for follow-up, coordination and collaboration
in government decision-making on disability-related issues. The Council was made up of
representatives of disabled people’s associations, the Government, local authorities and the
Andorran Social Security Fund.
74.
Pursuant to article 28, the National Evaluation Commission had been set up by
governmental decree on 10 June 2004 as a national body with both technical and public
functions and responsibilities in the diagnosis and evaluation of dysfunction and disability.
Its aim was to provide guidance and determine access to programmes, services, benefits and
other measures to help persons with disabilities.
75.
Access to education, for example, was expressly recognized for children, young
people and adults with disabilities. Education was compulsory and free of charge for
disabled children aged 6–16; if parents so requested, it could begin at the age of 3 and carry
on until the age of 18. Pupils with disabilities were taught in mainstream schools, and
special education was seen as a form of educational support to be provided in ordinary
schools. The educational goals for children with disabilities were the same as for other
pupils, although they were entitled to follow personalized courses adapted to their needs.
There was also a programme called Integra, which included children with disabilities in the
activities of leisure centres, and a programme called Agentas, which, among other things,
helped people with disabilities to find work.
76.
Andorra had signed the Convention on the Rights of Persons with Disabilities on 27
April 2007 and had taken into account and incorporated some of its provisions in the 2002
Act Guaranteeing the Rights of Persons with Disabilities. Realizing that the needs of old
people and dependants were the concern of society as a whole, the Ministry of Health,
Welfare and Employment was currently working on various arrangements to introduce
social and health-related care in the home.
77.
Ms. Mingorance, an investigating judge working with the Andorran courts, replied
to the questions on the changes to the Criminal Code adopted on 17 February 2008 in
response to concerns expressed by the Committee on the Rights of the Child.
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