FRANCE-SOGI-TBs-CRPD

Concluding Observations on Report 1 (2021) (Link)

9. The Committee is concerned about:

(a) The provisions in Act No. 2005-102 (art. 1) and in the Social Action and Family Code (art. L.146-1) that conflate associations of service providers and managers with organizations of persons with disabilities, resulting in obstacles to effectively shifting from the system of “medical institutional care” to independent living in the community;

(b) The limited involvement of persons with disabilities, through their representative organizations, in consultations concerning legislation and public policies, including those carried out by the National Consultative Council of Persons with Disabilities, and the municipal and intermunicipal accessibility committees.

10. The Committee recalls its general comment No. 7 (2018) and recommends that the State party:

(a) Revise the provisions in article 1 of Act No. 2005-102 with a view to strengthening and implementing transparent mechanisms to consult closely with and involve actively persons with disabilities, through their representative organizations, in public decision-making processes at all levels, including in implementing, monitoring and reporting on the Sustainable Development Goals;

(b) Ensure meaningful and effective support and consultations with the diverse organizations of persons with disabilities, as outlined in general comment No. 7, paying attention to organizations of persons with intellectual disabilities, autistic persons, persons with psychosocial disabilities, women with disabilities, lesbian, gay, bisexual, transgender and intersex persons with disabilities, persons living in rural areas, Roma persons with disabilities and those requiring high levels of support.

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Equality and non-discrimination (art. 5)

11. The Committee notes with concern:

(a) That the current definition of discrimination does not include multiple and intersectional forms of discrimination on the basis of disability and its intersection with other grounds, such as age, sex, ethnicity, sexual orientation and gender identity;

(b) That the denial of reasonable accommodation is not recognized as a form of discrimination on the ground of disability in all areas of life, apart from in the areas of work and employment, and in education with regard to examinations.

12. The Committee recalls its general comment No. 6 (2018) on equality and non- discrimination, and targets 10.2 and 10.3 of the Sustainable Development Goals, and recommends that the State party:

(a) Prohibit multiple and intersectional discrimination on the grounds of disability and its intersection with other grounds, such as age, sex, race, ethnicity, gender identity, sexual orientation and any other status, and adopt strategies to eliminate multiple and intersectional discrimination;

(b) Recognize within anti-discrimination law the denial of reasonable accommodation as a form of discrimination within all areas of life.

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Statistics and data collection (art. 31)

62. The Committee notes with concern the lack of systematic collection of disaggregated data on the situation of persons with disabilities in all areas of life, mainly due to the lack of disability-related questions in the national census.

63. The Committee recalls the Washington Group short set of questions on disability and the policy marker on the inclusion and empowerment of persons with disabilities of the Development Assistance Committee of the Organisation for Economic Co- operation and Development, and recommends that the State party develop data collection systems on the situation of persons with disabilities with the data disaggregated by a range of factors, such as age, sex, sexual orientation and gender identity, place of residence, socioeconomic status and ethnicity. These systems should cover all areas of life and should include information on violence against persons with disabilities. The Committee also recommends that the State party promote participatory research projects in cooperation with persons with disabilities on matters concerning them.

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