Institutet för mänskliga rättigheter talar vid FN-dialog när Sverige granskas

Idag och imorgon granskas Sverige av FN:s kommitté för rättigheter för personer med funktionsnedsättning. Institutet höll ett anförande vid inledningen av dialogen som genomförs i Genève. Under anförandet presenterade vi våra iakttagelser utifrån den rapport som vi tidigare lämnat till kommittén och belyste frågor av särskild betydelse för kommitténs dialog med Sverige. Anförandet hölls på engelska och kan läsas i sin helhet här.

Öppningsanförande

Thank you, Madame Chair,

Let me take this opportunity to express our gratitude to persons with disabilities and their organizations for their testimonies and contributions to this review. We also greatly appreciate the presence of the government with a high-level delegation. Additionally, we want to commend the Committee for its dedicated work in advancing the human rights of persons with disabilities.

While Sweden’s national disability policy references the rights enshrined in the CRPD, there remain numerous challenges and weaknesses in the country’s implementation of the Convention. From our observations, it is debatable whether Sweden has fully embraced the paradigm shift outlined in the CRPD. The Institute has submitted a report to the Committee to complement the state report of 2019, and we will now take this opportunity to highlight five main points.

Firstly, we wish to address some of the experiences shared by persons with disabilities: Persons with disabilities describe a concerning return to a medicalized approach to disability, where they feel mistrusted and burdensome rather than recognized as individuals with rights and valuable contributions to society. Many express fear and anxiety about the current and future state of their rights, feeling dependent on the priorities set by decision-makers.There is widespread frustration over the limited access to the justice system and the challenges in having arguable claims of rights violations reviewed. Elderly individuals, migrants, and LGBTQI+ persons with disabilities face particular obstacles in enjoying their human rights.

Secondly, the Institute is concerned about governance deficiencies in ensuring human rights for persons with disabilities: Shortcomings in legislation, including gaps in addressing discrimination, hate crimes, and reasonable accommodation, underscore the need for a comprehensive review of Swedish laws’ alignment with the CRPD. There is a worrying regression in the realization of rights, particularly in areas such as personal assistance and guiding services, with insufficient progress in budget allocation.

The national disability strategy adopted in 2021 lacks a clear focus on implementation, indicating a need for improved governance and coordination.

Thirdly, the state does not adequately ensure the active involvement of persons with disabilities and their organizations in the Convention’s implementation at all levels. Insufficient state funding for civil society hampers meaningful participation, and there is a failure to fully value the knowledge and lived experiences of persons with disabilities in decision-making processes.

Fourthly, we wish to comment on the prevalence of special structures and lack of community inclusion: Separate structures in housing, education, and employment risk perpetuating segregation and must be thoroughly reviewed, considering their long-term impact on individuals’ lives. The use of violence, coercion, and forced treatment in psychiatric care and certain housing arrangements is deeply concerning. Sweden lacks a deinstitutionalization plan, including ensuring support for self-determination.

Lastly, there are indications of cutbacks in staff such as special education teachers and student assistants in schools, which exacerbate barriers for pupils with disabilities. The Institute is concerned about the negative trend in education and the lack of effective measures to address it comprehensively. In conclusion, we note that the human rights model of disability has not yet been fully embraced in Sweden, and considerable efforts are needed to achieve inclusive equality

Thank you for this opportunity to contribute to the review, and we look forward to the constructive dialogue ahead. Thank you.

Fredrik Malmberg Director, Swedish Institute for Human Rights