Disability Rights International (DRI) and our affiliate Disability Rights Ukraine (DRU) have, over a ten-year period¹, documented the human rights concerns of more than 100,000 Ukrainian children – with and without disabilities – placed in congregate settings and left to grow up segregated from families and society in orphanages, boarding schools, psychiatric facilities, and other institutions.

This bulletin considers the situation of children with disabilities in Ukraine, who at the time of the onset of the armed conflict were living in institutional care. DRI investigations have revealed that despite abundant inter- national assistance, the government of Ukraine and international relief agencies have failed to ensure the safety and protect the lives of these children within institutions – or to ensure their safe return to families in the community.

Conflicting interpretations of the Convention on the Rights of the Child (CRC) and Convention on the Rights of Persons with Disabilities (CRPD) send mixed messages on the safety and legitimacy of residential care, resulting in the replacement of large institutions with smaller ones often called ‘residential care’ or ‘group homes.’ This article demonstrates how the family inclusion mandate of General Comment No. 5 is rooted in the ‘human rights model of disability,’ fundamental to equal protection under the CRPD for all children with actual or perceived disabilities. The article proposes solutions to ensure full implementation of both the CRC and CRPD.

Given what DRI has already documented in dozens of countries - the close quarters where people are detained, the lack of opportunity for social distancing or quarantine, as well as inadequate staffing, habilitation and medical care - thousands of children and adults with disabilities are at immediate risk.  The infection of any person placed in a facility or staff member means a high risk of death for anyone at that facility.

This report is submitted to the Committee on the Rights of Persons with Disabilities (hereinafter “The Committee” or “CRPD Committee”) for the working group of the pre-session 12, which will be held from September 23 to 27, 2019, to determine the list of issues for the CRPD Committee’s evaluation of Mexico.