Annex 2 UNPRPD 4th Funding Call Preconditions To Disability Inclusion ACC
Annex 2 UNPRPD 4th Funding Call Preconditions To Disability Inclusion ACC
Annex 2 UNPRPD 4th Funding Call Preconditions To Disability Inclusion ACC
UNPRPD’s approach
UNPRPD joint programming is designed to respond to gaps in CRPD implementation by focusing on
these preconditions and translating them into concrete policies, programs, and services through a
cohesive, inter-sectoral approach. The preconditions should be structured according to the national
context and anchored in national priorities and will be the focus of situational analyses that informs
UNPRPD MPTF programming.
This focus on the preconditions marks a shift in UNPRPD MPTF’s programming to concentrate on
issues commonly affecting UN entity programming and provides a focal point for joint programming
across the diverse priorities of UN entities. It also lays the groundwork for successful governmental
reforms to implement the CRPD.
The preconditions
There are six cross-sectoral preconditions for the inclusion of persons with disabilities that are
essential to policies, systems, and services. These preconditions apply to all persons with disabilities,
but some preconditions may be of more importance to one group of persons with disabilities than
another. In addition, the preconditions are inter-related and require a joint approach tailored to the
context.
As a first step, there must be official recognition of persons with disabilities as a protected group at
national and sub-national levels. This involves recognition of each type of disability, which is a critical
step in ensuring that each sector is aware of the types of disabilities and their obligations to consider
the requirements of each group, thus ensuring that persons with disabilities can access services across
sectors. There must be protections in place to prevent and address disability-based stigma and
discrimination and to promote equality and non-discrimination, as well as measures to raise
awareness to foster respect for the rights and dignity of persons with disabilities. These protections
mush guarantee access to reasonable accommodations3. Understanding, capacity, and protection of
equality and non-discrimination are usually established through a mix of national legislation that
ensures recognition to each group of persons with disabilities, awareness raising and capacity building
policies and programs, policy guidance on reasonable accommodations, and administrative measures.
2. Service delivery
Service delivery must adopt a twin track approach with both mainstreamed and disability-specific
targeting of services to ensure inclusion of persons with disabilities. Persons with disabilities require
1 Convention on the Rights of Persons with Disabilities 2008, A/RES/61/106, preamble (e).
2 See generally, UNPRPD MPTF Strategic Operational Framework: Briefing on Cross-Cutting Approaches.
3 Reasonable accommodations are the necessary and appropriate modifications and adjustments that do not impose an
undue burden, where needed in a particular case, to ensure persons with disabilities enjoy their rights on an equal basis
with others.
Briefing to support UNPRPD MPTF Strategic Operational Plan 2020-2025
some services that are specifically designed for persons with disabilities, such as disability assessment
and referral services and disability support services, as well as disability mainstreamed services.
Disability assessment and referral services - Some disabilities are more difficult to detect than others,
particularly invisible or more complex disabilities. Even where a disability is readily identified, there
may be a lack of information on the condition, how to make adjustments, or where to go for support.
A disability assessment and referral system is intended to identify the kind and extent of disability a
person has, to receive information about their disability, and to ensure that they are referred to
appropriate supports and services in their communities. Disability assessment and referral systems
should be designed to empower persons with disabilities, including access to information, and should
be used for advancing the enjoyment of rights and access to services.
While disability assessment and referral systems often link to evaluation and determination of
benefits, services, or protections for individuals, they should not be used to impose unnecessary
restrictions based on formal assessment, such as requiring a formal assessment in order to request
reasonable accommodations or discrimination against certain groups of persons with disabilities (e.g.,
restricting protections to legal capacity for persons with intellectual or psychosocial disabilities). While
assessment and referral systems may help identify those individuals who require specific types of
support needs, such as access to community-based care services, they should not have a negative
impact on the personal independence or enjoyment of the rights of persons with disabilities 4 .
Furthermore, disability assessment and referral systems can also restrict access to necessary supports
in order to keep government spending down, which can lead to deprivations of rights. Therefore,
disability assessment and referral systems must be valid to avoid ‘false positives’ (i.e., people receiving
benefits who do not have a disability) and ‘false negatives’ (i.e., people who should receive benefits
but do not), reliable to ensure consistency in the quality of assessment, and transparent and
standardized so that the grounds for decision-making are publically known and indepently evaluated.5
In addition, early identification and intervention for children with disabilities is critical for ensuring
their development and should be included in plans for disability assessment and referral systems.
However, assessment and referral systems should be designed to ensure that persons of all ages,
including older persons, have access to assessment and referral, particularly since the incidence of
disability increases with age.
Disability assessment and referral systems are usually implemented through multi-sectoral programs
and administrative systems and may be based in national law and / or policy.
4 See generally, UN Committee on the Rights of Persons with Disabilities, Inquiry concerning the United Kingdom of Great
Britain and Northern Ireland carried out by the Committee under article 6 of the Optional Protocol to the Convention,
CRPD/C/15/4, 24 October 2017, paras. 70-81.
5 Bickenback, J. et al. Assessing Disability in Working Age Population: A Paradigm Shift from Impairment and Functional
Disability support services are a precondition to living and fully participating in the community on an
equal basis with others, and without this support, persons with disabilities face exclusion from
accessing services, participating in society, institutionalization, and neglect7. The provision of support
services should seek to overcome or eliminate social and environmental barriers and should be
tailored to the individual. However, a portfolio of disability support services can be designed and
implemented to meet the needs of a wide range of support needs. Where public services do not exist,
allocation of funding to access disability support services may be necessary, e.g., financial support to
families that support persons with disabilities or the hiring of private sector support. Disability support
services are usually implemented through direct services, including access to assistive devices and
technology, live assistance, or community services, or money to pay for services, and legislative and
policy frameworks may also be necessary to enable and guide these services.
Mainstreamed services - Persons with disabilities require access to the same services as persons
without disabilities, such as education, vocational training, health, access to justice, emergency
services, social protection, recreational services, etc. These services need to mainstream disability
inclusion and identify structures, plans, and measures to ensure they are available, accessible,
adequate, and affordable for persons with disabilities. Persons with disabilities should have equal
access to services that are inclusive and not segregated. These mainstreamed services may also need
to link with disability support services to ensure full access to all persons with disabilities. For example,
access to Sign Language interpreters to appear in court, access to community-based support
mechanism to evacuate in an emergency, or access to an appropriate wheelchair and advice on how
to use the wheelchair in order to attend school.
3. Accessibility
Accessibility is necessary for persons with disabilities to live independently, to actively participate in
society, and to have unrestricted enjoyment of all rights on an equal basis with others. It refers to the
extent to which products, systems, services, environments, and facilities can be used by people with
diverse requirements, needs, characteristics, and capabilities to achieve their goals in certain contexts.
6 UN Special Rapporteur on the rights of persons with disabilities, Human Rights Council Report of the Special Rapporteur
on the rights of persons with disabilities, A/HRC/34/58, 20 December 2016, paras. 13-14.
7 Ibid., para. 15.
Accessibility is usually implemented through standards expressed in laws and policies and
implemented in programs or through operating or administrative procedures or public procurement.
In addition, awareness raising and technical know-how on accessibility as well as monitoring or
regulatory systems are required to ensure practical implementation9.
disabilities through their representative organizations, in the implementation and monitoring of the Convention,
CRPD/C/GC/7, 9 November 2018, para. 2.
11 See CRPD, preamble and Articles 1, 3, 4, 7, 9, 19, 21, 24, 26, 29, and 32-35.
12 Committee on the Rights of Persons with Disabilities, General comment No. 7 (2018) on the participation of persons with
disabilities through their representative organizations, in the implementation and monitoring of the Convention,
CRPD/C/GC/7, 9 November 2018, paras. 21-22.
13 For more information, see generally, UNPRPD Strategic Operational Framework: Briefing on Cross-Cutting Approaches.
Financial planning and monitoring - To ensure governments are fulfilling their CRPD obligations, the
overall public finance management and budgeting system must contribute efficiently, effectively, and
on an equitably to take steps to the maximum of their available resources to implement the CRPD.
This means that all available means (e.g., public procurement, tax expenditure, revenue generation,
grants, etc.) are utilized, central and local public spending (including development assistance) foster
accessibility and non-discrimination across sectors, public resources are used to ensure universal
access to services, budgeting decisions are made in close consultation with persons with disabilities,
and public resources (including policies, guidelines, or regulations) do not contradict CRPD standards,
such as segregated education services14. In addition, principles, such as transparency, participation
(including marginalized groups of persons with disabilities), and progressive realization should be
applied.
Regulation and support for the additional costs of disability - Persons with disabilities are diverse and
have different requirements, depending on their disability, the level of accessibility, and the
environment. Often, the cost of meeting these requirements is not affordable to persons with
disabilities. They incur direct costs or expenditure due to having a disability, such as the cost of
purchasing a wheelchair, accessing therapies, or hiring a Sign Language translator, and they incur
indirect costs, such as lower levels of income, limited access to education, or opportunity costs of
family members giving up work to provide support.15
These additional costs must be regulated and factored into policy, programs, and planning, so that
services are accessible to persons with disability, thus decreasing the need for persons with disabilities
to bear the burden or be excluded outright due to these additional costs. Strong accessibility
standards, the provision of reasonable accommodations, and access to disability support services can
help to ensure the additional costs of disability are reduced and the additional costs of disability should
14 Center for Inclusive Policy, Clarification needed: Inclusive, Disability responsive or CRPD compliant budgeting?, May
2019.
15
UNPRPD MPTF and Leonard Cheshire, Inclusive Social Protection for Empowerment of Persons with Disabilities:
Considering the Disability related Extra Costs in Social Protection, March 2020, p. 4.
Briefing to support UNPRPD MPTF Strategic Operational Plan 2020-2025
be considered when devising strategies for these other preconditions. The additional costs of disability
are often regulated and supported through a combination of social protection measures, provision of
publicly available disability services, accessibility standards, provision of reasonable accommodations,
as well as regulations and legal and policy frameworks.
Inclusive evidence and data gathering systems - There are significant gaps in reliable information on
persons with disabilities at international, national, and sub-national levels, including qualitative and
quantitative research and evidence on what works for disability inclusion and internationally
comparable data collection. This often results in inaccurate figures on the number of persons with
disabilities accessing services and a lack of consensus on the necessary interventions to implement
the CRPD, thus stifling inclusive policies. The multiplicity of approaches and models for disability
inclusion leads to a lack of cohesion in priorities or lack of collaboration between actors, including
government ministries.
Significant advances have been made in addressing the gaps in disability-disaggregated data in
national censuses and surveys by the Washington Group on Disability Statistics, including
internationally agreed methods through a Short Set of Questions, an Extended Set of Questions, and
a module on Child Functioning18. There is increasing pressure to collect better disability-disaggregated
data across a range of sectors as a result of the SDG indicator framework19. However, the adoption of
the Washington Group Questions by National Statistics Offices remains low.
Administrative data routinely collected by individual ministries as part of operating and managing
government programs can provide some data in persons with disabilities. However, there are
shortcomings, as administrative data can only provide information on those participating in the
programs, may not define disability in line with the CRPD (e.g., eligibility for disability benefits), and
may not be comparable with persons without disabilities. Programs that target the general
population, such as education or health through management information systems (MIS), should
improve collection of administrative data on persons with disabilities, so that mainstream services can
better accommodate persons with disabilities20.
16 Convention on the Rights of Persons with Disabilities 2008, A/RES/61/106, Article 31.
17 Ibid., Article 33.
18 See generally, the Washington Group on Disability Statistics, washingtongroup-disability.com.
19 There are 11 references to disability indicators in the global indicator framework.
20 Mont, Daniel. UCL Working Paper 32: The Use of Administrative Data in Disability Inclusive Policies.
Inclusive evidence and data gathering systems should use a targeted and mainstreaming approach to
inform inclusive policy making. This is usually achieved through policies and programs led by National
Statistics Offices (e.g., national censuses and household surveys) and statistical and administrative
data collected led by individual ministries and sub-national government bodies, as well as qualitative
and quantitative data and research conducted by of universities, think tanks, research institutes,
foundations, OPDs, and CSOs and commissioned by governments, civil society, and private sector.
However, national accountability mechanisms for monitoring CRPD implementation and making
complaints on rights violations are equally important, and many countries do not have them or
maintain ineffective or inaccessible mechanisms. In addition, national independent monitoring
mechanisms for SDG implementation often do not include persons with disabilities, resulting in
exclusion of persons with disabilities in SDG planning processes.
States are obliged to designate one or more focal points within government for matters relating to
the implementation of the CRPD as well as an independent mechanism to promote, protect and
monitor the implementation of the CRPD. 23 National government and independent monitoring
mechanisms play a critical role in progressing and promoting the CRPD and may carry out a range of
responsibilities, such as coordination between disability actors, review of national laws and policies,
complaints mechanisms, monitoring and reporting on CRPD implementation, and more. Depending
21 International Center for Evidence in Disability, ICED Conference on Evidence in Disability Inclusive Development, 5-6
November 2019, London.
22 However, this function is limited, as claimants must exhaust all domestic remedies before making a complaint, and most
UN Treaty Bodies, such as the CRPD Committee, require States to sign up to the complaints mechanism through an
Optional Protocol.
23 Convention on the Rights of Persons with Disabilities 2008, A/RES/61/106, Articles 33.1 and 33.2.
Coordination across sectors - In order for the cross-sectoral preconditions for disability inclusion to be
a success, actors across sectors need to coordinate and cooperate. This involves building intensive,
long-term partnerships and coordination between government, civil society organizations (including
OPDs), private sector, academia, and international organizations, including UN entities, to plan,
coordinate, and implement policies, programs, and systems to support the preconditions. In addition,
it requires coordination across the various thematic or policy sectors, such as education, health, social
affairs, gender, employment, economy, finance, procurement, etc., to ensure that the cross-sectoral
preconditions work practically across sectors. Moreover, cross-sectoral coordination ensures shared
accountability for developing and maintaining the preconditions, making them an integral element
within each sector and bringing ingenuity and learning from each sector.
Coordination across sectors is often led by government and is usually implemented through programs,
administrative systems, formal bodies, and clearly defined processes and may be standardized
through law or policy.