Committee on the Rights of Persons with Disabilities
Fifth session
11-15 April 2011
Consideration of reports submitted by States parties under article 35 of the Convention
Concluding observations of the Committee on the Rights of Persons with Disabilities
Tunisia
1. The Committee considered the initial report of Tunisia (CRPD/C/TUN/1) at its 46th, 47th, and 48th meetings (see CRPD/C/SR.46-48), held on 12 and 13 April 2011, and adopted the following concluding observations at its 52nd meeting, held on 15 April 2011.
I. Introduction
2. The Committee welcomes the initial report of Tunisia, which was one of the first States to ratify the Convention and its Optional Protocol, as well as the written replies to the list of issues (CRPD/C/TUN/Q/1/Add.1). The two documents enabled the Committee to gain a better understanding of the implementation of the Convention in the State party.
3. The Committee highly appreciates the presence of the delegation for the dialogue, despite the country being in a transitional situation since the democratic revolution of 14 January 2011, and welcomes the open dialogue with a competent delegation representing several segments of the Government, and including an expert with disabilities among its members.
II. Positive aspects
4. The Committee notes with appreciation that the initial report was prepared in a process of extensive national consultations, including with disabled persons’ organizations.
5. The Committee welcomes the measures taken by the State party to initiate harmonization of domestic law and policy with the Convention, including the adoption of:
(a) Law No. 83 of 15 August 2005 on the advancement and protection of persons with disabilities;
(b) Law No. 80 of 23 July 2002, supplemented by Law No. 9 of 11 February 2008, which prohibits discrimination against school-age children.
6. The Committee welcomes the amendment of article 319 of the Penal Code in 2010, which prohibits all forms of violence against children, regardless of who the perpetrator – including parents or tutors – may be.
III. Factors and difficulties impeding the implementation of the Convention
7. The Committee notes that the implementation of some aspects of the Convention might be influenced by the uncertainty and rapidly changing situation in the State party, following the democratic revolution. It notes the far-reaching institutional changes taking place in recent months, and views those changes as a unique opportunity for persons with disabilities to take part in the building of a new country.
IV. Principal areas of concern and recommendations
A. General principles and obligations (arts. 1 and 4)
8. The Committee notes Order No. 3086 of 29 November 2005, defining disability and setting forth the proof required to obtain a disability card, and the State party’s endeavour to shift from a medical approach to a social approach. However, it is concerned at the risk of exclusion of persons who should be protected by the Convention, in particular persons with psychosocial disabilities (“mental illness”) or intellectual disabilities, or others who are unable to obtain a disability card, either due to disability or by association with a disability.
9. The Committee invites the State party to review and reformulate the definition of disability based on the Convention.
10. In accordance with article 4, paragraph 3, of the Convention, the Committee recommends that the State party encourage and support the creation, capacity-building and effective participation of representative organizations or groups of persons with disabilities, and parents of persons with disabilities at the local and national levels in the conception, design, reform and implementation of policies and programmes. In particular, the Committee urges the State party to ensure that persons with disabilities are consulted and actively involved, including as members of the Constitutional Council, in the drafting of the new Constitution.
11. The Committee recommends that the State party take steps to further facilitate the full participation of women, men, girls and boys with disabilities and their families in society.
B. Specific rights (arts. 5-30)
Equality and non-discrimination (art. 5)
12. The Committee takes note of Law No. 2005-83 on the advancement and protection of persons with disabilities. However it regrets the lack of clarity on the application of the concept of reasonable accommodation.
13. The Committee recommends that the State party incorporate the definition of reasonable accommodation in national law, and apply it in accordance with article 2 of the Convention, in particular by ensuring that the law explicitly recognizes the denial of reasonable accommodation as disability-based discrimination. The Committee invites the State party to make greater efforts to raise awareness on non-discrimination among members of the legal profession, particularly the judiciary, and persons with disabilities themselves, including through training programmes on the concept of reasonable accommodation. The Committee recommends that the State party act with urgency to include an explicit prohibition of disability-based discrimination in an anti-discrimination law, as well as ensure that disability-based discrimination is prohibited in all laws, particularly those governing elections, labour, education, and health, among others.
Women with disabilities (art. 6)
14. While noting the improvements in the condition of women in general, the Committee is concerned by the negative perception of women with disabilities within the family and society, and the reported cultural, traditional and family pressures that favour the concealment of women with disabilities, and prevents them from obtaining a disability card, thereby limiting their opportunities to participate in society, and develop to their full potential.
15. The Committee recommends that the State party:
(a) Design and implement awareness-raising campaigns and education programmes throughout society, including at the family level, on women with disabilities in order to foster respect for their rights and dignity; combat stereotypes, prejudices and harmful practices; and promote awareness of their capabilities and contributions;
(b) Ensure the visibility of women with disabilities in the collection of data and statistics (see paragraph 37 below);
(c) Undertake studies and research in order to identify the situation and specific requirements of women with disabilities, with a view to elaborating and adopting strategies, policies and programmes, especially in the fields of education, employment, health and social protection, to promote their autonomy and full participation in society, and to combat violence against women.
Children with disabilities (art. 7)
16. The Committee is particularly concerned at the low rate of reporting (signalement) of cases of habitual mistreatment of children, including children with disabilities, which may amount to situations of danger, in view of the results of the Multiple Indicator Cluster Survey (MICS 2006) which indicated that 94 per cent of children aged between 2 and 14 years are disciplined in the home through violent means, whether verbal, physical, or through deprivation.
17. The Committee recommends that the State party:
(a) Evaluate the phenomenon of violence against boys and girls with disabilities, and compile systematic disaggregated data (see paragraph 39 below) with a view to better combating it;
(b) Ensure that institutions providing care for children with disabilities are staffed with specially trained personnel, subject to appropriate standards, regularly monitored and evaluated, and establish complaint procedures accessible to children with disabilities;
(c) Establish independent follow-up mechanisms; and
(d) Take steps to replace institutional care for boys and girls with disabilities with community-based care.
Awareness-raising (art. 8)
18. The Committee notes the strategy of information, education and communication to raise awareness on persons with disabilities, including training for judicial and education personnel. The Committee, however, regrets the lack of information about traini