• Development
    May 22, 2024

    REFORM MONITOR | Status Review of Disability Rights in Lebanon

    • Zeina El-Helou
    REFORM MONITOR | Status Review of Disability Rights in Lebanon

    As part of its advocacy efforts towards building a people-centered and sustainable recovery from the Beirut port explosion and its endeavors to promote inclusive and equitable social justice, as well as foster trust between individuals, entities, and the Lebanese government, the Lebanese Center for Policy Studies (LCPS) partnered with Transparency International (TI) and its local chapter, Transparency International Lebanon – No Corruption, to issue “The Reform Monitor.” The topics covered by the monitor are linked to the areas of reform, recovery, and reconstruction (3RF). The monitor falls within the Building Integrity and National Accountability in Lebanon (BINA’) project, which is funded by the European Union. The views expressed in the monitor do not necessarily reflect those of the donor.

     

    WHAT’S THE ISSUE AT HAND?

    Persons with disabilities are estimated to constitute 10 to 15% of the population in Lebanon, a little less than a million individuals from different ages, out of a population of 7 million (UNDP, 2020). The occurrence of disability was marginally greater in men than women, and about 25% of the cases are children under 17. In addition, 14% of Syrian refugees were identified as having at least one type of disability and 32% of Palestinian refugee households living in Lebanon have at least one member with a disability (UNHCR, 2023).

     

    Persons with disabilities suffer from a systemic lack of rights, resources and services, as well as widespread marginalization, exclusion, and violence at home and within the broader environment. The last five years in Lebanon have been particularly strenuous, with the country's deteriorating health, economic, and social conditions, which were further exacerbated by the Beirut port explosion in August 2020 and the global spread of the COVID-19 pandemic, causing persons with disabilities to experience higher levels of social isolation, discriminatory attitudes, and limited access to healthcare (HRW, 2020).

     

    Legal and Institutional Framework vs Reality

    In May 2000, the Lebanese Parliament passed Law 220 for the Rights of People with Disabilities, a piece of legislation that could be seen as an important Lebanese breakthrough, especially as it came six years before the UN adopted the Convention on the Rights of Persons with Disabilities. The law is built around a set of rights that aim to integrate citizens with disabilities into social and economic life, including employment, transport, and housing quotas, as well as guarantees of health and educational services.

     

    As per the law, persons with disabilities in Lebanon are provided with a disability card, issued by the Ministry of Social Affairs (MOSA). The card, which serves as a means of identification, also grants them access to various services and benefits. According to the law, all Lebanese citizens with a disability can register for a disability card through MOSA. However, many flaws have been associated with the issuance and coverage of these cards, starting with the process of obtaining a disability card due to the medical approach and observation methods used at MOSA-run Social Development Centers, which may exclude many individuals with “hidden” disabilities (UNHRC, 2023), and the lack of proper services due to the overall deterioration of the welfare system in Lebanon.

     

    The law was initially intended to protect the rights of persons with disabilities, but little was done to properly enforce its implementation. For example, the majority of public buildings and institutions in Beirut, including universities, hotels, restaurants, and theatres, are still not adapted to the needs of persons who use wheelchairs—a critical step that the law mandated within five years (LCDP, 2005).

     

    In addition, the law did not provide a comprehensive reform plan to address the issue of lack of accessibility and exclusion of persons with disabilities from various aspects of life, but has rather relied on ad-hoc measures mainly based on social service provision and tax exemption, as well as the formation of numerous committees. This includes the National Commission for Disabled Affairs, whose effectiveness remains constrained by the lack of funds and the absence of an executive body (Kantar, 2012).

     

    The commission’s term expired in 2017, and no elections have been conducted since then. The achievements of this commission are limited, primarily due to political interference, according to disability expert at UNESCWA and former member of the commission, Ibrahim Abdallah (interview with the author, April 2024). As a result, it is safe to conclude that Law 220 did not adopt a rights-based approach that promotes inclusion, but has rather opted for the socio-medical approach, calling for integration (UNHCR, 2023).

     

    In 2007, the Lebanese government signed the Convention on the Rights of Persons with Disabilities, a few months after it was adopted, but it did not succeed in making its way to ratification until April 2022. However, the ratification process has not yet been completed, although Parliament adopted a law authorizing the government to proceed with the ratification of the convention and its “Optional Protocol.”

     

    This delay, which is primarily due to the absence of a president, along with the failure to fully implement Law 220, 24 years after its issuance, is one more indication of the Lebanese state’s shortcomings and unpreparedness to undertake the necessary measures to preserve the basic rights of persons with disabilities.

     

    Access to Basic Services

    Recent reports showed that children with disabilities comprise less than 0.5% of the total student population within Lebanon, estimated at 1.25 million students (HI, 2022), and that only 5 out of 997 public schools comply with the physical accessibility standards (HRW, 2018). A recent outcry about alleged corruption in the Ministry of Education and Higher Education shows that many reform projects were not executed, despite the allocation of substantial funds (Hussein, 2024).

     

    A glimpse at the health sector shows very similar results: persons with disabilities have limited access to healthcare facilities and quality services due to several barriers, including financial ability, lack of coverage for certain healthcare services, and limited availability of specialized services (Baroud, 2017). Moreover, the economic crisis has exacerbated these issues, making it even more difficult for persons with disabilities to access the healthcare they need.

     

    With the deterioration of the security situation in south Lebanon, persons with disabilities, once again, have been left behind in the governmental emergency plan, which did not include the needs of persons with disabilities. According to press reports (Hammoud, 2024), the government did not provide an integrated scheme to accommodate the needs of persons with disabilities into the emergency plan, including the allocation of equipped displacement centers, provision of means of transportation, and inclusive communication.

     

    On a More Optimistic Note

    Despite the alarming situation, the Organizations of Persons with Disabilities (OPDs) have recently succeeded in introducing the accessibility and inclusion agenda to the Social Protection Strategy, which was adopted by the government (as per Decree no.5/2023) in November 2023. The strategy was initiated in 2019 by Lebanon’s Inter-Ministerial Committee on Social Policy, led by MOSA, with funding from the international community (UNICEF, 2024). As part of this strategy, MOSA launched the “National Disability Allowance Program for Persons with Disabilities,” to provide direct income to a segment of persons with disabilities living in Lebanon (UNICEF, 2023).

     

    Moreover, the ministry is currently working on the development of a national strategy on disability for the first time, through a consultative and participatory process. This strategy aims to address legislative and institutional frameworks, the current system for disability assessment and identification, and the roles and responsibilities of key actors. It also seeks to tackle the pressing challenges and barriers faced by persons with disabilities (UNESCWA, 2023).

     

    WHY IS THIS IMPORTANT?

    The rights of persons with disabilities are fundamental, and addressing them is long overdue. Lebanon’s multiple crises have highlighted the urgent need for inclusive policies and support systems that address the rights and needs of persons with disabilities, ensuring they are not left behind in emergency responses and have equal access to essential services.

     

    Women and girls with disabilities in particular face greater vulnerabilities (UNESCWA), hence addressing disability should be performed from an intersectional perspective to address the complex and overlapping social identities and related systems of oppression, discrimination, and disadvantage.

     

    Universality of rights should be also considered while attending to the disability rights agenda, rather than confining persons with disabilities into a group of individuals solely requiring medical and social services.

     

    The experience of reforms in Lebanon is not always encouraging and many policies have remained mere ink on paper. Hence, it is perhaps more important to ensure that laws are not only passed but are also accompanied by effective implementation mechanisms, adequate funding, and continuous monitoring, to bring about tangible improvements in the lives of persons with disabilities.


    References

    Our Right to Inclusive Social Protection, Position Papers by Organizations of Persons with Disability in Lebanon, April 2024.

     

    The Rights of Persons with Disabilities, Law 220/2000 available at https://disability-hub.com/wp- content/uploads/2020/05/Law-220-2000-English.docx

     

    Convention on the Rights of Persons with Disabilities available at https://rb.gy/7vcb59

     

    Building Lebanon Forward: Inclusive And Accessible, Initiative to Support Persons with Disabilities in Lebanon, 2020, available at https://rb.gy/tr07bw

     

    Lebanon Inter-Agency Coordination - In Focus: Women, Girls, Men and Boys with Disabilities in Lebanon, July 2023, available at https://shorturl.at/cwIJK

     

    Lebanon: People with Disabilities Overlooked in Covid-19 | Human Rights Watch (hrw.org)

     

    Bassam Kantar, “Disabled Affairs”: Cautious optimism, Al-Akhbar Newspaper, 2 November 2012, available at https://al-akhbar.com/Community/78141

     

    The Lebanese Council for Disabled People, Disability Report in Lebanon: Where do we stand regarding the application of Law 220/2000, and admitting the rights of the disabled people in Lebanon?, Al-Raida Journal, Volume XXII, No. 108, Winter 2005, available at https://rb.gy/x14x4n

     

    Disability-Inclusive Education in Lebanon, Factsheet, April 2022, Handicap International, available at https://www.hi.org/sn_uploads/document/Factsheet_Inclusive-Education_Lebanon_HI_2022.pdf

     

    “I Would Like to Go to School,” Barriers to Education for Children with Disabilities in Lebanon, March 2018, available at https://www.hrw.org/report/2018/03/22/i-would-go-school/barriers-education-children-disabilities-lebanon

     

    Walid Hussein, “Al-Kaakour is right.. and the World Bank rejected the five-year ‘education’ plan”, Al-Modon, 1 February 2024, available at https://shorturl.at/adtH6

     

    Maysa Baroud, Improving Healthcare Access for Persons with Disabilities in Lebanon: Together for Justice in Service Provision, Policy Brief #7, 2017, AUB Policy Institute (Issam Fares Institute for Public Policy and International Affairs) American University of Beirut, available at https://shorturl.at/gmnzI

     

    Zeinab Hammoud, “The war emergency plan “forgot” the disabled!”, Al-Akhbar Newspaper, 26 February 2024, available at https://shorturl.at/fhIO0

     

    The Government of Lebanon Launches its First National Social Protection Strategy, UNICEF, 13 February 2024, available at  https://www.unicef.org/lebanon/press-releases/government-lebanon-launches-its-first-national-social-protection-strategy

     

    Persons with disabilities in Lebanon: A situational analysis to develop a national strategy, UN-ESCWA, July 2023, available at https://www.unescwa.org/publications/persons-disabilities-lebanon-national-strategy

     

    “The Ministry of Social Affairs introduces a social protection programme for people with disabilities in Lebanon,” Press Release, UNICEF, 26 April 2023, available at https://shorturl.at/prFT4

     

    Realizing the rights of persons with disabilities - United Nations Economic and Social Commission for Western Asia (unescwa.org)

    Zeina El-Helou is a researcher and development consultant with more than 20 years of experience in policy research and development, including elections, social issues, political economy, and local development.
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