According to the 2020Annual Report of the
Human Rights Defender, shortcomings to determining disability status and
improper communication violate human rights. This is evidenced by both the
complaints, monitoring as well as the assessments of the members of the Public
Council for the protection of rights of persons with disabilities adjunct to
the Human Rights Defender.
Systematic problems were presented by the Annual
Report of the Human Rights Defender, which not only remained unresolved in 2020
but also deepened, especially during the conditions of the novel Coronavirus
(Covid-19) pandemic and during the Martial Law.
The following issues have been registered:
1.
During the socio-medical examinations, the real opportunities of the
activity and the changes in the quality of the life of the examinees have not
fully been taken into consideration.
2.
The current procedure for appealing the decisions of socio-medical
examination commissions is not effective and the decisions usually remain
unchanged. The problem is further exacerbated by public distrust of the
competent body investigating the case.
3.
The possibility of participation of the doctor-representative selected by
the examinee is provided for by the legislation, but in practice its effectiveness
is problematic.
4.
Due to the lack of financial means, people do not go for new
examinations, despite the deterioration of their health.
5.
The issue of reexamination in a controlled manner of persons with permanent
military disabilities and the incomplete fulfillment of the positive
obligations of the state towards a group of persons remain unresolved. In
particular, the appointed examinations have not been carried out for months,
and people have been deprived of the disability pensions and benefits, finding
themselves in an even more difficult situation.
In connection with these issues, the Defender
reaffirms that the current standards do not meet the social model of
disability. As a result, the actual disability status does not always
correspond to the person’s actual needs and abilities.
The 2020 Annual Report of the Human Rights
Defender includes a detailed analysis of each issue with its recommendations.
In particular, the Human Rights Defender
suggests:
1.
Review the existing procedures for appealing the socio-medical expert
decisions to ensure that independent and objective complaints are heard;
2. Enact an independent expert’s status for
the doctor chosen by the examinee clarifying their functions and powers;
3.
Carry out public awareness activities for persons with disabilities and
public officials to raise awareness about human rights;
4.
Carry out the assigned examinations and ensure the payment of disability
pensions to persons with permanent military disability, until opposite grounds
are established.
The detailed analysis of the presented and
other issues in the sphere can be found in the Annual Report (pages 1339-1350).
Հայերեն
