On 14 February 2022, the European Network on Independent Living – ENIL submitted its second Shadow Report on the Implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD) in the European Union (EU) to the Committee on the Rights of Persons with Disabilities.
The purpose of this report is to analyse how the EU implemented the CRPD between 2015 and 2022. Drawing on existing empirical evidence, the report raises serious concerns about the implementation of the CRPD by the EU. While Article 19 on the right to live independently and being included in the community is the primary focus, the report illuminates how the denial of the right to live independently in the community impacts other fundamental human rights including Article 10, Right to life and Article 15, Freedom from torture or cruel, inhuman, or degrading treatment or punishment.
The report highlights the following main concerns:
1. Continuing investment of EU funds (from the European Structural and Investment Funds and the European Investment Bank) in institutions for disabled children and adults, including group homes, and in nursing homes, many of which practice torture, including the use of cage beds and straightjackets, and deny basic healthcare.
2. Lack of meaningful consultation and involvement of disabled people and their representative organisations in EU law and policy.
3. Inadequate non-discrimination measures due to failure to adopt a horizontal directive for equal treatment outside the field of employment.
4. Deprivation of legal capacity and limited access to justice.
5. Inadequate monitoring and complaints mechanisms in EU policies impacting disabled people.
6. Lack of access to supports and services including personal assistance, inclusive education, and employment.
The report proposes a number of questions to be added to the List of Issues Prior to Reporting (LOIPR). These will be adopted by the CRPD Committee during the March session, after which the EU will respond to the questions raised. ENIL will continue engaging with the review process, until the adoption of the Concluding Observations for the EU later this year.
You can access the report here in PDF and Word.
For more information about the review process and to access other shadow reports, please visit the website of the CRPD Committee.