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VI. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

6.7. PROTECTION OF THE RIGHTS OF THE DISABLED

The Commissioner for Human Rights pays much attention to the protection of the rights of the disabled and considers this trend to be among priorities in her activity. And it is quite natural. In the civilized world the health of society, face of the state and moral climate, foremost, is determined by the attitude toward the disabled.

The rights of disabled were proclaimed in the international documents and envisaged by the operative legislation of Ukraine. The generally accepted international documents, e.g. “Global Action Program for the Disabled” adopted by the UN General Assembly in its 37/52 resolution as of December 3, 1982 and “Standard Rules for Ensuring Equal Opportunities for the Disabled” adopted by the UN General Assembly at the 48-th session on December 20, 1993, 48/96 resolution, consider the issue about the disabled not only from purely medical point of view (corporal and mental defects, disability rate, etc.), but on more expanded basis: the philosophical concept of disablement is set forth as the relation function between the disabled and society where they live.

If the medicine establishes only the standard of disease and injury, ability to work and disability group (category); as well as prescribes the course of treatment, the before mentioned UN documents are characterized by the large scale, in-depth approach to the solution of the disability problem and are primarily focused on ensuring the equal opportunities in life and activities of the disabled. These documents require the states to apply all best efforts to provide the disabled with conditions, which are necessary for their active participation in the labor activity and public life, disclosure of their potential.

What is the specific meaning of these requirements in reality? First of all – to rehabilitate the disabled, or to carry out the process with the aim to enable the person to reach the optimal physical, intellectual and social level of activity by providing the disabled with the instruments for life improvement, extension of independence, to make the disabled feel no inferiority and be capable to live independent and as active as possible life, given the access to every sphere of public activity. The disabled should get the access to different public facilities, roads, dwelling houses, public transportation, cultural, educational, medical and sports facilities.

To meet the international requirements pertaining to the rights of the disabled, the problem-solving must be considered as the priority one on the state level. The UN documents require the state to take the issue pertaining to the rights of the disabled into consideration while drafting all aspects of policy and national planning strategy, attracting the organizations of the disabled into the drafting of plans and programs which directly refer to the disabled or their economic and social status. It is a very complicated and critical task for bodies of state authority at all levels.

There are over 2.5 million disabled in Ukraine, including 297,000 disabled ex-servicemen that encompass the disabled veterans of the Great Patriotic War, and other equated groups of people who were injured during wars and armed conflicts on the territory of other states; 74,000 disabled Chornobyl disaster victims; 1,452,000 disabled with the general disease; 113,000 disabled with the service injury and industrial disease; 90,000 deaf disabled; 60, 000 eyesight disabled. The first category of disability was assigned to 319,000 persons, the second category of disability was assigned to 1,286,000 persons and the third category of disability was assigned to 715,000 persons.

The social status and protection of the disabled are regulated directly by 15 laws of Ukraine. In particular, the laws On Basic Principles of the Social Protection of the Disabled in Ukraine; On the Status of War Veterans and Guarantees for their Social Protection; On the Status and Social Protection of the Chornobyl Disaster Victims, as well as the Presidential Edicts, resolutions of the Cabinet of Ministers of Ukraine which include to a certain degree the provisions of the international legal documents pertaining to this issue.

The indicated laws and other legal/standard acts stipulate regular facilities in sanatoria and health resorts for the disabled, prosthetics, specially designed cars, medicines which are free of charge or for the reduced price, as well as many other privileges pertaining to their consumer, shopping, medical and transportation servicing, as well as employment.

However, unfortunately, and we must say openly, many provisions stipulated to ensure the rights of the disabled have not been realized in Ukraine so far. The analysis of appeals from the disabled to the Commissioner, their numerous letters and complains to other government bodies and bodies of state authority prove that the rights of this category (group) of citizens are a subject to regular and gross violation, while the effective legal acts in this area are not met or not valid.

It is proved by the documents of the Parliamentary hearings on the problems pertaining to the most indigent (miserable) category of people - the disabled, which were held for the first time in Ukraine in April 1999. The Parliamentary hearings stressed openly that the problem of the disabled is among the most painful problems of today. In her speech Mrs. T. Shelyuk, the deputy head of the coordination board of public organizations of the disabled in Dnipropetrovsk oblast stated with bitterness and pain that a healthy person can hardly or cannot imagine how a disabled person lives. It includes not only the scanty public pension in amount UAH 36, but also problems with transportation, telephone communication, prosthetics, providing facilities in sanatoria and health resorts, medical treatment, providing with medicines, everyday inconvenience and discomfort. The disabled in wheelchair has no opportunity to use the elevator, surmount narrow passages of the door, etc. Very often it is impossible for the disabled to cross the street, take the public transport, visit an official office.

The same problems were raised in numerous appeals and complaints to the Commissioner for Human Rights. Following is the extract from the appeal written by Mrs. Malchevska. “I am from the Pidluby village, Yelchyn raion, Zhytomyr oblast, and a second category disabled person from childhood. My right arm is functionless. I toddle on my right leg and use a stick. I am 63 years old and receive a small pension – UAH 49.45. I know that it is a very difficult time, but I cannot put up with it. My house is very cold inside, just like outside, the temperature is the same, only it is not snowing or raining inside. I cannot buy good firewood for this pension. In addition, my pension is hardly enough to buy some food. Dear Mrs.Karpachova, help me to complete the documents with the old people’s home in Korosten. May be I shall feel warm there, because my every bone and every sinew ache from the cold”.

One cannot feel quiet while reading the following letter mailed to the Commissioner by the sister of Mr. Zhuchenko from Kyiv, the second category disabled person from childhood. “My brother is 43 years old and being motionally disabled he receives UAH 37 of pension. He worked previously, and now he has no possibility. During 12 years he cannot replace the prosthetic device (artificial leg), which became unusable. The disabled cannot even go outside. His scanty pension is so small that my brother was unable to pay for apartment and telephone, which was disconnected for this reason. Now he has no opportunity to call a doctor, or call for help”.

The Commissioner submitted the applicant’s letter to the Kyiv city administration with request to help the disabled in resolving the problems. The deputy head of the Kyiv city administration, Mr. V. Bidny informed the Commissioner that the welfare in amount UAH 200 was assigned to the disabled V. Zhuchenko and transferred by mail to the personal address”. It is very good that the authorities decided to help the disabled, although the problem with the broken prosthetic device and telephone connection remains open.

The Commissioner for Human Rights has to state that the authorities have not turned their face upon the people in the wheelchairs. One can judge about the general attitude to the needs of disabled by the fact that the premises of the oblast boards for social protection of people, labor and employment departments of raion state administration and executive committees lack even ramps and other devices that help the disabled to move; the dwelling houses and communal objects are still put in commission as well as transport vehicles are produced without special equipment allowing the disabled to utilize them.

The reconstruction of Kreschatyk, the main street of Kyiv, is the evidence of it. When the reconstruction of underpasses was in the process of planning, the invalids that use the wheelchairs asked to take their interests into consideration, in other words to make the descents both in the underpasses and for pedestrians more comfortable for them. Unfortunately, their requests were not included by the authorities on timely basis.

In many countries the disabled are treated differently than in Ukraine. Say, in London, the capital of the UK, the municipal transport is equipped with special ladder treads allowing the disabled to utilize easily their moving devices. The pavements have places where the disabled may drive their wheelchairs without any physical tension or inconvenience. This attitude to the disabled refers to the norm of life which complies with the international standards. Unfortunately, in our country these standards are applied in very rare cases so far. More often than not one can see the picture which is quite opposite to what is in other countries.

Therefore, the Commissioner for Human Rights decided to take into consideration the international experience while developing the building at the address: 21/8, Instytutska Street, Kyiv, that houses the Commissioner’s office and Secretariat, and create all necessary conditions for the disabled who will personally apply to the Commissioner for protection of their rights. In particular, it was planned to design the entrance and ramps especially for the disabled; specially equipped toilets, elevators, offices without thresholds, in other words to create for the disabled people all conditions, under which they could move conveniently in the Commissioner for Human Rights building, feeling no discomfort an inconvenience. According to the Commissioner this must serve as the obvious example for officials of all public institutions of how to develop the administrative building showing the care about the disabled.

The Commissioner receives many appeals which evidence the cases of formal and heartless attitude from the side of officials of bodies of state authority and bodies of self -government toward the disabled. Following is one of the examples. Mrs. G. Starodub from Kirovograd, the second category disabled with the general disease applied to the Commissioner describing hard material conditions and urgent need in in-patient treatment. This lady together with her mother who is pensioner and eyesight disabled and orphan grandson (being his guardian) lives in a private house without any domestic conveniences. She receives UAH 79.37 as pension and UAH 46 as benefit for the grandson. She uses a stick to move in the house.

The deputy head of the Kirovograd city rada Mr. Y. Vlasov informed the Commissioner that the letter of the applicant “had been considered with due care by the Kirovograd city executive committee and commission on assigning the special purpose (earmarked) welfare to the town residents with low income. The welfare in amount UAH 30 was assigned to G. Starodub (minutes of the meeting No.1 as of January 20, 2000). She may receive money in the second half of February 2000 in the “Ukraine” hotel on the ground floor every Wednesday and every Thursday from 10.00 a.m. till 12.00 a.m. in the presence of passport (ID) and (taxation) personal identification code”. No explanation required.

Following is another tragic example. A disabled worker V. Bizhak who previously used to work at the Velykomostivska Mine No. 7, Ukrzakhidvuhillia State Holding Company, Lviv oblast, has not received during previous 23 months the compensation for health lost in course of labor activity. The scanty pension was paid untimely too. After the successive increase of prices for communal services and basic foodstuffs he could not stand the conditions of his living and committed self-immolation as a sign of protest.

The Commissioner for Human Rights was informed about this tragic death of the disabled by the Chervonograd town association of the disabled, Lviv oblast. The association also initiated proceeding on inadmissible delay in paying the compensation for the lost health to the disabled. One cannot but agree with the decision.

The appeals of the disabled to the Commissioner show that providing them with the rehabilitation facilities remains among the most critical problems. As far back as 1997 the Cabinet of Ministers passed special resolution On Development of Domestic Production of Rehabilitation Facilities for the Disabled. According to the Ministry of Labor and Social Policy, all 14 prosthetic/orthopedic enterprises fulfilled their production plans, they produced nearly 40,000 prosthetics, over 230,000 pairs of orthopedic footwear. 10,500 disabled were provided with the wheelchairs. The domestic producers of rehabilitation facilities showed also good production results in 1999. However even this amount of their production was insufficient to satisfy the critical needs of the disabled.

For example, Mr. Y. Adamovych, the first category disabled of the general disease from Rivne oblast, complained to the Commissioner about the fact that he is not provided with the wheelchair. After the proceeding on violation of the human rights was initiated the Commissioner applied for assistance to the Ministry of Labor and Social Policy of Ukraine. Mr. M. Noshchenko, the Vice-Minister of Labor and Social Policy informed that following the instruction the Ministry, the department of social protection of people under the Rivne oblast state administration will provide the applicant with the wheelchair as soon as it arrives. In addition, the disabled received UAH 70 of the welfare.

Although the officials promised to resolve the wheelchair problem, the Commissioner extended the term of proceeding until the issue was completely resolved.

The first category disabled with the general disease B. Yemelianov from Kherson applied to the Commissioner with request to help him with the prosthesis and arranging the medical treatment. His appeal as appropriate was communicated to the bodies empowered to consider the case. The Kherson city mayor informed that the appeal had been considered and the disabled is given the medical treatment, and provided with the prosthesis.

As a rule, based on the appeals of the disabled the Commissioner for Human Rights initiates appropriate proceedings on violation of the human rights and freedoms. In many cases the Commissioner managed to renew the infringed rights of the disabled. For example, with the Commissioner’s assistance the telephone was installed in the house of the second category disabled G. Yalovets from Chernihiv. Based on the Commissioner’s appeal the Kyiv city prosecutor’s office appealed against the decision of the Darnytsa district court in case on claim filed by the first category disabled veteran of the Great Patriotic War against the “Pobutservice” firm to compensate the damages. The list of positive examples may be continued.

At the same time the Commissioner has to state that there are multiple cases of formal reaction of the officials to the Commissioner’s instruments of response pertaining to the renewal of the rights of the disabled. The disabled worker of the Ukraina Mine, Luhanskvuglerestrukturyzatsia State Company, N. Kuzmenko applied to the Commissioner complaining about the delay of replacement payments. The Ukraina Mine owed him UAH 3,973 for 1997, 1998 and 1999. However, even after the Commissioner’s intermediation the enterprise transferred to the disabled on April 15, 1999 only UAH 195, 20 kopecks, which makes only 5% from the total amount of arrears. This case as well as the other ones submitted by the miners is under the personal control of the Commissioner.

The Commissioner for Human Rights also draws attention to the fact that under the current social and economic conditions there is a tendency towards growing of the number of the disabled. If in early 1991 there were 1,629,000 disabled in Ukraine, in 2001 according to the prognosis there can be 3 million persons. The increase results from the great drop of standard of living of people; deterioration of the environment, in particular due to the Chornobyl disaster; increase of industrial and everyday injuries; general deterioration of peoples’ health, a crime wave which contribute to the growth of number of the disabled. Hence, the problem of the disabled in Ukraine will continue to remain as one of the most complicated issues.

The problem of employment of people with corporal defects becomes more acute in Ukraine, although the law guarantees the employment of the disabled. According to the official data as of January 1, 1992 every fifth disabled person was employed (304,000 persons from 1.6 million disabled), as of January 1, 2000 – only every eleventh disabled (228,000 persons from 2.5 million disabled). Moreover, it is difficult to say how many disabled are actually employed, since the enterprises of public organizations of the disabled (Ukrainian Association of Blind People and Ukrainian Association of Deaf People) are no longer operating, because they have no opportunity to purchase materials and component parts, pay for electricity and heat, and sell the finished products.

Among the reasons of the difficult situation with the employment of the disabled is the fact that the enterprises create only 30% of the workplaces for the disabled from the amount scheduled.

The Commissioner draws significant attention to the ensuring of the labor rights of the disabled. For example, the proceeding was initiated on appeal of the first category disabled with eyesight V. Vinik from Kharkiv, since her labor rights had been violated. After the Commissioner’s interference the applicant’s rights were renewed. There are several draft laws under the consideration of the Ukrainian Parliament on changes to Article 19 of the Law “On Foundations of the Social Protection of the Disabled in Ukraine”, which are expected to change fundamentally the essence of this article, e.g. while establishing the employment norms for the disabled the draft laws suggest to take into consideration only the number of the enterprises’ employees involved in work which is favorable for the employment of the disabled. The adoption of these draft laws will result in substantial cut-down of resources allocated to the Fund for Social Protection of the Disabled of Ukraine which was created especially for establishment of new workplaces for this category of population. These funds foremost will be transferred only by the enterprises that have practically no cases of industrial injury, while the enterprises that are guilty of increasing the number of the disabled in the country will be released from taking care about the disabled. That is why according to the Commissioner, it is required to be very careful in improvement of the operative legislation pertaining to the people with the corporal defects so as not to deteriorate the securing of their rights.

In their appeals to the Commissioner the disabled express serious concerns about the fact that the total system of social protection of the disabled is under the treat of destruction. The laws provisions on providing the disabled with medical, transportation and shopping services, telephone communication, etc. are not met. During the Parliamentary hearings in April 1999 Mr. M. Naumenko, the first category disabled, chairman of the Khmelnytsky oblast department of the Ukrainian association of the disabled, stated that the veterans, disabled and elderly people cannot enjoy the rights and guarantees granted by the majority of the laws, which are of vital importance, because the managers of Ministries and central offices, enterprises and organizations, as well as the local authorities and bodies of local self-administration fail to comply with the provisions of these laws due to objective or personal reasons, willfully or because of the law ignorance.

In their letters to the Commissioner the disabled complain that the medicines have become practically unobtainable for a long time. The medicines for free and reduced prices are nearly unavailable in the drugstores, while having scanty salary or pension the disabled cannot pay the full price for them. Quite often there is a lack of insulin, without which a person ill with diabetes and disabled simply may not live. Vinnytsia, Volyn, Zhytomyr, Transcarpathia, Zaporizhia and Lviv oblasts have no trading establishments to service all categories of the disabled, other than war veterans. In Khmelnytsky oblast, for example the prosecutor’s office annulled 52 decisions of the medical establishments that violated the rights of the disabled.

The violation of the right of the veterans and disabled to privilege utilization of public transport is widely spread practically in every oblast.

Providing the disabled with the special cars. In recent time the bodies of the social protection of people practically do not receive the cars for the disabled. At the same time there are 172,000 disabled standing in line for them, although the budget scheduled no funds for this purpose neither in 1998, nor in 1999.

The arrears of compensation for purchased petrol, transportation service, unused facilities in sanatoria and health resorts keep on growing. Due to unsatisfactory funding the rights of the disabled to sanatoria-and-health-resorts treatment as well as provision with the special cars are not met in full. From the total 284,000 individuals registered only 38,000 (13.4%) improved their health at the resorts.

Additionally, the Law On the State Budget of Ukraine for the Year 2000 “suspended” the privileges for the disabled, envisaged by laws of Ukraine, including the privilege to the special cars. The disabled expressed their resentment when they learned about this provision.

The extremely unsatisfactory budgeting of the Fund for Social Protection of the Disabled of Ukraine resulted in the skyrocketing of the indebtedness which totals UAH 91 million today. The prosthesis industry, enterprises of the Ukrainian Associations of Blind People and Ukrainian Association of Deaf People, public organizations of the disabled are in crisis. That is why it is hardly possible to expect the conditions for the disabled to be improved in the nearest future.

At the same time even these relatively small funds that are allocated for the needs of the disabled are quite often spent for other purposes. According to the Committee of the Ukrainian Parliament for Pensioners, Veterans and Disabled contrary to the effective laws the amount of UAH 14 million from UAH 50 million of the Fund for Social Protection of the Disabled (28%) was spent for other purposes. In particular, according to the order of the head of Kirov raion rada and Novgorodka raion state administration, Kirovograd oblast UAH 65,000 of these funds were spent to buy audio equipment, radiophones, faxes, fuel and lubricants, and car. Similar cases of violation were detected in Lviv, Khmelnytskyy, Chernivtsi and other oblasts.

The Commissioner believes that today the questions pertaining to the improvement of the conditions for the disabled in the country are to be raised more fundamentally and openly. It is also recommended to make public the experience of the disabled who show examples of courage, high spirit and talent. There are many prominent sportsmen, champions of the world and Europe, prize-winners of Paraolympic games, painters, talented scientists, devoted organizers of the generous cause of rehabilitation of the disabled, active entrepreneurs, political and public figures, although their names are little known in Ukraine.

The Commissioner for Human Rights expresses special concern about the attitude of the state to the disabled children and disabled from the childhood. As of January 1, 2000 there were 151,000 disabled children under the age of 16 registered in Ukraine, and 298,000 disabled from the childhood that are over 16.

The state pays UAH 25, 90 kopecks as a benefit for taking care of the disabled child, under the condition that the child’s parents are incapable to work. The disabled from the childhood (after they become16 years old) the benefit is paid in amount UAH 8, 31 kopecks and under appropriate conditions. Their social pension in addition to the earmarked funding makes up an average of UAH 41, which is 15 times less than the funds allocated for a child who stays in the boarding school (UAH 400-700 per month).

The Commissioner for Human Rights expresses deep concern about the indifferent and redtape attitude of bureaucrats, even medical establishments toward the assistance to the disabled children. It is evidenced by the multiple appeals of the people to the Commissioner that raise these issues. Mrs. L. Velichko from Sumy oblast applied with a request to help her in medical treatment of her disabled child (who is ill with epilepsy). The Commissioner applied to the Ministry of Health Care asking for assistance. In his respond the Vice-Minister of Health informed that the disabled child underwent a course of medical treatment in the clinical hospital No. 1 in Kyiv, where UAH 1,225 were spent for taking care and treatment. However, the letter indicated that the parents spent money to pay for medicines and some checkups. Since the disabled child is under the medical supervision of the sectoral medical facility (South-Western Railroad), the Ministry of Health Care forwarded the applicant’s letter and Commissioner’s request to the medical service of that entity. The latter notified that “as far as the funds arrive the child of L. Velichko will be provided with the reduced-price medicines”. The circle is closed – may be some times the assistance will be rendered to the disabled child. But now you have to wait and suffer.

The Commissioner believes that despite all social and economic hardships in the state, the attention to the disabled children and disabled from the childhood should be a special one, and their support (welfare, medical care, education, employment, disability benefits, etc.) should not be limited by the scanty amounts of benefits and pensions. Because the miserable material conditions force many parents against their will to place the disabled children in the special boarding schools, which breaks the integrity of family and provides negative impact on the moral and psychological state of both a disabled child and parents.

According to the Commissioner for Human Rights, recently the problems pertaining to the compliance with the rights of people with corporal defects staying in the imprisonment become very critical. The disabled who stay in the penitentiary establishments are facing big problems. Therefore, the Commissioner for Human Rights tries to help them in ensuring the human rights. During the visit to the correctional facility No.91 in Chernihiv oblast the Commissioner met with the second category disabled N. who served his sentence there. His artificial leg got broken, and consequently he cannot move adequately. At the request of the Commissioner the workers of the “UkrProtez” establishment (Kyiv) fixed the artificial leg of the disabled and returned him back.

The problem of imprisoned people becoming disabled also remains acute. It is not related to the infringement of accident prevention rules at the production facilities because many prisoners are practically not employed. First of all this is related to such diseases as tuberculosis, AIDS and others. People become infected directly in prisons. Nobody bears responsibility for this. As soon as there is lack of medicines to treat such patients, they are released from prisons under-treated and present a threat to the general population (this was described in more detail in Section IV of the Report).

All this confirms the conclusion that the situation with the maintenance of rights of the disabled in prison is absolutely unsatisfactory.

The Ukrainian Parliament Commissioner for Human Rights is deeply concerned with the unsatisfactory situation with the observance of the disabled people rights and thinks, that national and local governments, public associations, enterprises, institutions, organizations, regardless of their form of ownership, all governmental and service officials should be especially attentive to the above category of people and should consider it their moral obligation to solve their problems without delay and formalities. It is necessary to form a friendly and sympathetic public attitude towards these people, to ease the situation of those abused, to contribute to the development and realization of their human potential. Mass media can play an important role in this matter.

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