Ombudsman: “We have appealed to the Ministry of Justice for the early release of prisoners with disabilities”- INTERVIEW

The Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan, Ms. Sabina Aliyeva gave an interview to the legal news portal e-huquq.az on December 3 - International Day of Persons with Disabilities.

E-huquq.az presents the interview:

Ms. Sabina, first of all, we would like you to inform us about the declaration of December 3 as International Day of Persons with Disabilities. What is the main purpose of celebrating this day at the international level?

- The celebration of December 3 by the world community as the International Day of Persons with Disabilities is connected with the UN General Assembly Resolution No. 47/3 of October 14, 1992. In fact, traditionally, the purpose of celebrating this day every year is to promote the rights of people with disabilities in all spheres of public life, and at the same time to draw the attention of the general public to their problems. Along with the Ombudsman, in accordance with the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 253 dated November 27, 1995, various events dedicated to this day are organized in our country by relevant government agencies and civil society institutions, including non-governmental organizations.

In 2020, the UN’s theme was “Building Back Better: toward a disability-inclusive, accessible and sustainable post COVID-19 World”. I should also note that this topic is very familiar to me. The topic of my thesis for the degree of Ph.D, dedicated to the implementation of international law in the field of protection of the rights of people with disabilities in the legislation of the Republic of Azerbaijan. We can say that most of my proposals have been resolved in practice. In my first statement after the election of the Commissioner, I said that our work would focus on working with vulnerable groups. In this regard, as part of the reforms implemented in the organization, we have created a separate structural unit dealing with the protection of the rights of persons with disabilities. It should be noted that ensuring the rights of this category of people in our country is an important issue. At the same time, we also ensured the implementation of the recommendations given to the country by international organizations and contributed to the positive experience of the country.

- What can you say about the history and significance of the adoption of the UN Convention on the Rights of Persons with Disabilities?

- First of all, I would like to note that the Convention on the Rights of Persons with Disabilities was adopted by the UN General Assembly on December 13, 2006 and ratified by the relevant statement in accordance with the Law of the Republic of Azerbaijan of October 2, 2008. It came into force on January 28, 2009 in relation to our country. Thus, the Republic of Azerbaijan stated that it cannot ensure the implementation of the provisions of the Convention in the territories occupied by the Republic of Armenia until the occupied territories are liberated. The main purpose of this Convention is to promote, protect and ensure the full and equal exercise of all human rights and fundamental freedoms by persons with disabilities, as well as to promote respect for their dignity.

As the first country in the region to ratify this important document, Azerbaijan has reaffirmed its commitment to respect and protect the rights of people with disabilities and set an example for other countries in the region. This step was also assessed by international organizations as a factor confirming that our country plays a very active role in the world arena in the field of human rights. Adoption of this Convention has been made possible by the long struggle of persons with disabilities and their organizations for the full recognition of the disability as a human rights issue. Previously adopted major international human rights instruments recognize the rights of all people, including persons with disabilities. Although these documents are important in terms of promoting and protecting the rights of persons with disabilities, they have not yet been fully implemented. Therefore, the Convention replaces the above-mentioned specialized and comprehensive document, which recognizes the human rights of persons with disabilities and clarifies the commitment of States Parties to respect, protect and ensure these rights, thus establishing a social model of disability based on human rights.
In short, this Convention, an important achievement of the international community, proposes to change the perception that people with disabilities are no longer seen as objects of charity, social protection and treatment, but as subjects of human rights who can make decisions about their lives and future. All this is important for the proper perception of disability by society, their social inclusion and protection of their rights.

- What can be said about the commitment of the Convention to the participating States and the implementation of this document in national legislation?

- Of course, as a state that has acceded to practically all international human rights instruments in our time, joining the first comprehensive international convention on the human rights of persons with disabilities in the 21st century imposes a number of commitment on our country. The Convention reaffirms that persons with disabilities have the same rights as all other persons. At the same time, equality before the law without discrimination, the right to life, liberty and security, equality before the law and equal legal capacity, freedom from torture, freedom from exploitation, violence and insult, and respect for physical and mental integrity , the right to freedom of movement and citizenship, the right to life in society, freedom of speech and opinion, the inviolability of private life, respect for the home and family, education, health, labor and employment, adequate living standards, political and social life and cultural life. Relevant commitments under the Convention have been established for States which have committed to ensure the full exercise of the above-mentioned rights of persons with disabilities without any discrimination. These commitments include taking appropriate legislative and administrative measures (for example, enacting or amending disability discrimination acts), protecting and promoting the rights of persons with disabilities in all courses and programs, and ensuring their rights. Elimination of any violation of the practice, ensuring that both the public and private sectors respect the rights of persons with disabilities, research, development, development of goods and services, equipment and technology to meet the needs of such persons, by others to promote and support such research, to ensure that information on ancillary technologies is accessible to persons with disabilities, to support training on the Convention's rights for professionals and staff working with persons with disabilities; the development and implementation of relevant legislation and policies, as well as their involvement in the decision-making process and consultation with them, are important.

One of Azerbaijan's commitments when ratifying this international agreement is to bring national legislation on the status of persons with disabilities in line with the requirements of the Convention. It should be noted that according to Part II of Article 148 of the Constitution of the Republic of Azerbaijan, international treaties to which the Republic of Azerbaijan is a party are an integral part of the legal system of the Republic of Azerbaijan. At present, consistent measures are being taken to fulfill the commitments arising from this international document.

- As you know, in many cases, notions that are not considered acceptable are used in relation to people with disabilities. Has the Ombudsman's Office made any proposals in this regard, and what is the current situation in this area?

- I should note that the UN Convention on the Rights of Persons with Disabilities uses the term "person with a disability" rather than "person with a disability" in texts in other official languages, with the exception of the text in Russian. It is no coincidence that the UN General Assembly adopted Resolution 62/127 on December 18, 2007, just one year after the adoption of this Convention, renaming it "International Day of Persons with Disabilities". In line with the relevant recommendations of the UN Committee on the Rights of Persons with Disabilities, the Ombudsman's Office will bring the existing national legal framework in line with the UN Convention on the Rights of Persons with Disabilities, and change terms that are considered inappropriate and degrading. It proposed to improve the existing legislation and to take this issue into account in the newly adopted legislative acts, to replace some derogatory expressions reflected in a number of normative legal acts with new modern terms. Taking into account these proposals, a new Law on the Rights of Persons with Disabilities was prepared and adopted in 2018 against the background of measures taken to improve the national legislation in accordance with the UN Convention on the Rights of Persons with Disabilities.

It is estimable case that already this year in a number of legislative acts, the word "disabled" has been replaced by more acceptable terms with the words "person with a disability" and other words. Thus, as a result of changes in existing laws and other relevant normative legal acts in order to exclude from the legislation a number of expressions that do not sound good to people with disabilities, the word "defect", "disability", "mental retardation", "mental retardation" An example of this is the replacement of the words "dumb", "deaf", and "blind" with the words "a person with scanty vision, hearing, and speech.

- Please, give information on the independent monitoring mechanism of the UN Convention on the Rights of Persons with Disabilities, the mandate of the Commissioner for Human Rights in this area, in particular, the recent work to improve the structure of the Ombudsman's Office ...

- The Republic of Azerbaijan shall establish an independent mechanism for the promotion, protection and monitoring of the implementation of this Convention, as enshrined in Article 33.2 of the UN Convention on the Rights of Persons with Disabilities (taking into account the principles relating to the status and activities of national institutions involved in the protection and promotion of human rights) undertook as a commitment. The United Nations Children's Fund (UNICEF) Office in Azerbaijan, the Ministry of Labor and Social Protection, the Ministry of Foreign Affairs, the Union of Disabled Organizations, which unites a number of NGOs representing persons with disabilities, they put forward opinions and proposals to consider it expedient for the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan to consider it expedient to implement the functions of an independent mechanism for the implementation of this Convention, which is to be established in accordance with Article 33.2 of the UN Convention on the Rights of Persons with Disabilities.
The commitment to promote, protect and monitor the implementation of the Convention must be met by taking appropriate legal and organizational measures (amendments to the legislation, allocation of funds, etc.) to establish a national human rights institution operating in this field.

In this regard, the need for effective and quality organization of the Ombudsman's activities against the background of new and sufficiently responsible positions has led to an increase in his mandate, as well as the number of staff units of the Office. The rules for the implementation of the functions of the independent mechanism shall be determined by the Commissioner. At the same time, persons with disabilities and the NGOs representing them may be involved in the monitoring process by the Commissioner for Human Rights. It should be noted that although the relevant legislation has not yet been amended, we are actually contributing to the implementation of these functions within the existing powers and opportunities. Monitoring and visits are carried out in educational, health, penitentiary and social service institutions without prior notice in order to investigate the conditions of detention of persons with disabilities and the treatment of them by employees of institutions, as well as the state of their rights. As one of the successful works in this field, I would like to emphasize that for several months now the Ombudsman's Office has been working to improve the protection of the rights and freedoms of persons with disabilities, the analysis of national legislation and international legal acts, the situation in the country, applications and complaints. We have created a sector for the protection of the rights of persons with disabilities and it is currently operating.

As I mentioned, one of the important issues facing the Republic of Azerbaijan as a social state is to ensure the rights of this category of persons. At the same time, we also ensured the implementation of the recommendations given to the country by international organizations, and contributed to the positive experience of the country.

-We know that the importance of giving preference to a social model based on human rights rather than a medical model in relation to persons with disabilities in terms of the correct perception of disability in society is constantly promoted in the Ombudsman's legal awareness activities. How and to what extent is the cooperation with the relevant government agencies in this area, along with civil society institutions, including specialized non-governmental organizations and the media?

- As an ombudsman institution, it is important for us to cooperate with civil society institutions, including specialized non-governmental organizations and the media, along with relevant government agencies working to promote and protect the rights of persons with disabilities. Because this cooperation is important both in terms of the restoration and prevention of violations of human rights, as well as the effective organization of legal awareness in this area. Between the Union of Disabled Organizations (UDI) and other specialized NGOs, which was established to coordinate the activities of the Ombudsman's Office with public organizations representing persons with disabilities, to represent and protect their common interests, and currently unites such non-governmental organizations (NGOs) are effective cooperative relations. Representatives of NGOs representing persons with disabilities were also involved in the Commissioner's National Preventive Group for the Prevention of Torture (NPG), the Council of Experts under the Ombudsman, as well as the Working Group on Business and Human Rights. Last days, various legal awareness events were organized in the capital and regions with the participation of MPs, relevant government agencies, international and non-governmental organizations, media representatives at the direct organization or initiative of the Ombudsman's Office, as well as participation in local and international events as an expert and made speeches on relevant topics.

During the numerous events, the issues that need to be addressed by persons with disabilities in accordance with the Convention were discussed, necessary proposals and recommendations were made, and various printed materials were distributed to the participants. In addition, a number of scientific-analytical articles have been prepared and published in the media on the protection of the rights of persons with disabilities and the elimination of discrimination against them. Of course, we plan to further develop this cooperation in the future.

- What is the Ombudsman's Office doing to protect the rights of people with disabilities in the fight against a new type of coronavirus (COVID-19) infection?

As known, the Azerbaijani government is taking urgent preventive and combative social isolation measures to prevent the threat of a new type of coronavirus (COVID-19) infection, which has been declared a global pandemic by the World Health Organization. For this purpose, the Operational Headquarters under the Cabinet of Ministers, consisting of the heads of relevant state bodies and agencies, regularly makes the necessary decisions, makes important proposals and recommendations.

Under the mandate of the National Preventive Mechanism against Torture, visits to penitentiary, social service, health and psychiatric institutions, access to nutrition, access to medical and social services, necessary awareness-raising measures on COVID-19 infection and in this regard, the distribution of printed materials and their hanging in visible places were checked on the spot, and in the absence of urgent supply issues were raised. It is estimable that as a result of organizational support provided by the Heydar Aliyev Foundation, headed by First Vice President Mehriban Aliyeva, in the fight against coronavirus, all social service institutions ensure compliance with the rules and social isolation regime established by the Operative Staff under the Cabinet of Ministers. Based on our monitoring and observations, we can say that despite the introduction of a special quarantine regime to strengthen appropriate preventive and preventive measures during the pandemic, due to the successful continuation of measures taken by relevant government agencies to ensure the rights and social protection of persons with disabilities, they receive pensions, social benefits and pensions, they have no difficulty getting it on time.

Of course, in our turn, as the Ombudsman's Office, we always pay attention to the protection of the rights of people with disabilities, as always in times of pandemics. Despite the temporary suspension of live reception of people in the Ombudsman's Office and regional centers in accordance with the special quarantine regime currently appealed in connection with the current epidemiological situation in Azerbaijan, everyone, including persons with disabilities, can access mail, online, e-mail, fax, social networks (fakebook, twitter), as well as through the 24-hour Call Center number 916. As always, all appeals to our address are treated with great sensitivity, and urgent steps are taken to address the issues raised. In order to increase the effectiveness of the protection of the rights of persons with disabilities living in social service institutions, we have made numerous proposals and recommendations to the competent government agencies, and in many cases necessary measures have been taken to ensure them. In addition, taking into account the situation with COVID-19 infection, we proposed the parole of prisoners with disabilities, and we appealed to the Ministry of Justice to submit the documents of these people to the court. We have appealed to state and local self-government bodies, officials, other departments, enterprises and organizations, as well as business entities to protect the rights of persons with disabilities in connection with the spread of COVID-19 infection. Taking into account the relevant calls in the statement of the UN Special Rapporteur on the Rights of Persons with Disabilities on the protection of the rights of persons with disabilities in the current global pandemic of COVID-19, the current socio-legal status of persons with disabilities. We have noted that it is expedient to pay attention to a number of important issues in order to effectively implement the defense. At the same time, we have put forward relevant proposals on the protection of the rights of persons with disabilities in the current pandemic, compliance with the principles of proportionality, necessity and non-discrimination in the implementation of social protection measures against them.

At the end, I would like to emphasize once again that one of the important issues facing the Republic of Azerbaijan as a social state is to ensure the rights of this category of people. Based on the approaches we have shown as a state, we have also ensured the implementation of the recommendations given to the country by international organizations and contributed to the positive experience of the country.