Update: Validity’s work at the United Nations
At the beginning of 2025, Validity worked on and submitted three submissions to UN Treaty Bodies. We contributed to the work of the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee) and the United Nations Committee on the Elimination of Discrimination against Women (CEDAW Committee).
Holding the EU Accountable: Validity’s Submission to the CRPD Committee
On 24 January 2025, Validity submitted a written submission to the CRPD Committee in response to the EU’s combined Second and Third reports. Previously, in 2022, we contributed to the adoption of a List of Issues Prior to Reporting (LOIPR). This year, in our submission, we provided the CRPD Committee with updated information on the EU’s failure to implement the right to access to justice (art. 13 of the CRPD); the right to freedom from exploitation, violence and abuse (art. 16 of the CRPD); the right to live independently and be included in the community (art. 19 of the CRPD), and the right to participation in political and public life (art. 29 of the CRPD).
Relying on our legal advocacy and litigation experience, and the results of our ENABLE, DIS-CONNECTED and LITI-GATE projects, we urged the CRPD Committee to hold the EU accountable for its obligations under the Convention.
In the area of access to justice, we suggested for example, that the Committee recommend the EU, among others, to ensure that all defendants are able to access and directly participate in all stages of the justice process according to their will and preferences; to adopt measures setting procedures for determination of support and procedural accommodations; to establish remedies for contesting discriminatory assessments of capacity or violate fair trial rights; and to amend all relevant EU Directives and Recommendation so that they reflect the human rights model of disability, whereby legal capacity of suspects or accused of committing a crime is recognised.
Sándor Gurbai, Validity’s Legal Advocacy Director said:
Our experience is that discrimination faced by persons with disabilities in accessing justice is a widespread phenomenon in the European Union. Just like the misuse of EU funds by creating small institutions for them and not guaranteeing their right to vote and stand for elections in European Parliament elections.
Contributing to the draft General Recommendation 41 on Gender Stereotypes: Joint Submission to the CEDAW Committee
On 10 February 2025, in coalition with Equality Now and The Women’s Probono Initiative, we submitted a joint submission to the CEDAW Committee regarding the draft General Recommendation on gender stereotypes which was addressed during the Half-day of general discussion on gender stereotypes on 17 February 2025.
The submission emphasises the intersectionality of gender and disability, highlighting how women and girls with disabilities face compounded discrimination in various aspects of life. Key issues discussed include gender-based violence, barriers to accessing justice, and the impact of harmful stereotypes in legal and societal contexts.
In our joint submission, we underscore the importance of addressing the specific challenges faced by women and girls with disabilities in accessing justice, particularly the systemic barriers that hinder their ability to seek legal redress for gender-based violence. Discriminatory practices in the justice system, such as the dismissal of testimony from women with psychosocial disabilities or the application of harmful stereotypes, are highlighted as major obstacles. The submission advocates for the inclusion of procedural accommodations, accessible legal frameworks, and an explicit recognition of the compounded discrimination faced by women with disabilities in the General Recommendation. In addition to the issues of justice and violence, the submission also addresses the critical gaps in health, inclusive education, and legal capacity for women and girls with disabilities.
Jennifer Wairimu, Validity’s Legal Advocacy Officer said:
Validity fully supports CEDAW Committee’s efforts in developing General Recommendation 41 that will be completed in October-November 2026 as this instrument will be a vital tool in dismantling harmful gender stereotypes which are barriers against women and girls with intellectual and psychosocial disabilities and are the root to discrimination and stigmatisation.
Towards universal suffrage for persons with disabilities: Joint Submission to the CRPD Committee
On 15 February 2025, Validity Foundation, together with the European Network of Independent Living, Partnership for Human Rights and Kera Foundation, submitted a joint written contribution to the CRPD Committee in reference to the day of general discussion of the right of persons with disabilities to participate in political and public life. The aim of the general discussion is to prepare the ground for a general comment on the rights of persons with disabilities to political and public life.
In our joint submission, we urged the CRPD Committee, among others, to issue a strong statement condemning the discriminatory nature of individual assessments of the capacity to vote of persons with disabilities; to address the illegitimacy of performing rationality or any other tests directly or indirectly discriminating against persons with disabilities to determine fitness to vote; to prioritise the harmonisation of international legal standards in order to ensure the inclusive interpretation of Article 29 of the CRPD so that it influences judicial and quasi-judicial bodies; to make explicitly clear that a ”country’s democratic and legal traditions” cannot be a basis for restricting the right to vote and stand for elections for persons with disabilities.
Anna Arganashvili, Validity’s Litigation Officer said:
The submission sought to reflect on Validity’s and partner organisations’ experiences in advocating for political and public participation of persons with disabilities, as well as to identify the systematic issues that impede the implementation of Article 29 of the CRPD. We believe that the noted discrepancies and challenges will be addressed in the upcoming general comment on Article 29.