Committee on the Rights of Persons with Disabilities

Concluding observations on the initial report of Lithuania**

I.Introduction

1.The Committee considered the initial report of Lithuania (CRPD/C/LTU/1) at its 246th and 247th meetings (see CRPD/C/SR.246 and 247), held on 6 and 7 April 2016. It adopted the present concluding observations at its 261st meeting, held on 18 April 2016.

2.The Committee welcomes the initial report of Lithuania, which was prepared in accordance with the Committee’s reporting guidelines, and thanks the State party for its written replies (CRPD/C/LTU/Q/1/Add.1) to the list of issues prepared by the Committee (CRPD/C/LTU/Q/1).

3.The Committee appreciates the fruitful dialogue held with the State party’s delegation during the consideration of the report and commends the State party for the strength of its delegation, which included many government representatives responsible for the implementation of the Convention.

II.Positive aspects

4.The Committee commends the State party for:

(a)Having raised public awareness with a view to eradicating negative attitudes towards and stereotypes associated with disability;

(b)Submitting to the Seimas (the parliament of Lithuania) the amendments to the Law on Elections and the Law on Referendum making it possible to vote using accessible electronic voting systems;

(c)Including organizations of persons with disabilities in the development of the national programme for the social integration of persons with disabilities for the period 2013-2019.

III.Principal areas of concern and recommendations

A.General principles and obligations (arts. 1-4)

5.The Committee is concerned that the definition and understanding of disability in State party laws and regulations focuses on the individual impairment, thereby neglecting the social and relational dimension of disability, including, in particular, the barriers faced by persons with disabilities.

6. The Committee recommends that the State party amend the legal definition of disability in accordance with the criteria and principles provided in articles 1 to 3 of the Convention and that it effectively apply the amended legal definition in all laws and regulations.

7.The Committee is concerned by the frequent use of derogatory language, such as “deaf-mute” and “disorder”, when referring to persons with disabilities in legislation and data collection efforts, which perpetuate negative perceptions about persons with disabilities.

8. The Committee recommends that the State party review and harmonize its legislation concerning the definition of persons with disabilities and in the collection of data related to such persons in such a way as to eliminate the use of all derogatory language to refer to persons with disabilities. The Committee also recommends that the State party ensure that all existing and new laws and regulations, and the definitions used therein, comply with the human rights-based model of disability, in accordance with the Convention.

9.The Committee is concerned that between 2009 and 2014 there was a decrease in resources allocated for the support of persons with disabilities.

10. The Committee recommends that the State party regularly evaluate the national budget and its use of the European Union structural and investment funds to ensure that the maximum available resources are being used for the realization of the rights of persons with disabilities in accordance with article 4 (2) of the Convention. The Committee calls on the State party to provide, in its next periodic report, updated information on public spending demonstrating how social protection for persons with disabilities has been increasingly prioritized.

11.The Committee notes with concern that organizations of persons with disabilities are not included in all decision-making processes relating to matters affecting them, in a timely manner and with sufficient support, in accordance with the provisions of article 4 (3) of the Convention.

12. The Committee recommends that the State party:

(a) Develop, adopt and implement a strategy aimed at achieving the full inclusion of organizations of persons with disabilities in all political decision-making processes relating to matters affecting persons with disabilities, from the early stages and across all sectors, including in relation to the implementation and monitoring of the Sustainable Development Goals;

(b) Provide sufficient financial support to build the capacity and enable the autonomous participation of those organizations in all decision-making processes.

B.Specific rights (arts. 5-30)

Equality and non-discrimination (art. 5)

13.The Committee is deeply concerned that the State party does not consistently apply the concept of reasonable accommodation in relation to the principle of non-discrimination.

14. With reference to target 10.2 of the Sustainable Development Goals, the Committee recommends that the State party take all the legislative, juridical and administrative measures necessary to:

(a) Promote, ensure and monitor the provision of reasonable accommodation for persons with disabilities across all public and private sectors;

(b) Recognize the denial of reasonable accommodation as a form of discrimination on the basis of disability.

Women with disabilities (art. 6)

15.The Committee notes with concern the absence of concrete measures to prevent and eradicate discrimination against women and girls with disabilities as well as multidimensional discrimination of women and girls with disabilities based on other grounds, especially on the grounds of sexual orientation and gender identity, in the action plan for the National Programme on Equal Opportunities for Women and Men 2015-2021.

16. The Committee recommends that the State party revise its action plan for the National Programme on Equal Opportunities for Women and Men 2015-2021 to include an explicit focus on prevention and eradication of discrimination against women and girls with disabilities, including multiple and intersectional discrimination, as well as measures for their development, advancement and empowerment, in particular to foster their participation in public life. The Committee also recommends that the State party include measures to prevent and eradicate discrimination based on sexual orientation and gender identity in the action plan.

Children with disabilities (art. 7)

17.The Committee