THE “LOST” RIGHTS…

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In the Analytical Note on the results of monitoring of information content of the executive authorities’ websites62 conducted by the State Committee for TV and Radio of Ukraine in the second half of 2012, the matters of accessibility of information placed on the websites of ministries, other central executive authorities, oblast, Kyiv and Sevastopol city state administrations for persons with disabilities, unfortunately, were not paid attention. 75. ECPO observes positive cooperation between public organizations and the Ministry of Regional Development, Construction, Housing and Utilities and the State Architectural and Construction Inspectorate in the matters of training of staff of these agencies on universal design and accessibility. Public initiative The National Assembly of Persons with Disabilities of Ukraine, with support from the Canadian Centre on Disability Studies, developed a training course “Accessibility and universal design”. NAPDU representatives, in the framework of cooperation with the Ministry of Regional Development, Construction, Housing and Utilities and the State Architectural and Construction Inspectorate, have been providing training for staff of these agencies since 2010.63 76. ECPO notes that the standards and guidelines related to anthropogenic accessibility are provided for in a variety of governmental documents – state building regulations (DBN), state standards (DSTU), instructions and departmental documents (of various levels such as orders, directions, etc.). However, unfortunately, they are not complied with, which leads to total inaccessibility of environment and transport for persons with disabilities. Article 10. Right to life 77. ECPO ascertains that the State guarantees the right to life to persons with disabilities on the legislative level. This is backed up by Ukraine’s international commitments as well as by Article 27 of the Constitution that reads that “nobody can be deprived of his or her life”. This article also envisages the State’s obligation of protecting a human being’s life. 78. At the same time, ECPO observes that the State, unfortunately, does not take proper measures to ensure enjoyment of the right to life by persons with disabilities on an equal basis with others. Article 10(89-93) of the National Report considers this aspect in a narrow sense, only as non-interference into life. Failure to provide quality health care services, improper funding of health care and untimely provision with health resort treatment results in multiple violations in the enjoyment of this right, which constitutes a threat to life of persons with disabilities. For example, most persons with disabilities living in boarding homes under the Ministry of Social Policy have no access to quality health care and rehabilitation services necessary for their “survival”. Kharkiv Institute for Social Studies initiated monitoring visits to institutions governed by the Ministry of Social Policy of Ukraine in Kharkiv oblast in order to examine the living conditions in these institutions and to detect problems that can pose risks of abuse of the persons living there. Based on results of the monitoring, we can talk about lack of proper medical aid in these facilities because of funding shortage and outdated provisions of the current legislation. The 62 63

http://comin.kmu.gov.ua/control/uk/publish/article?art_id=98414&cat_id=98409. Річний звіт НАІУ. – К., 2011, 2012 рр.

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