1stNational Report of the Federative Republic of Brazil on Fulfillment of the Provisions of the Convention on the Rights of Disabled Persons 2008-2010
General Report of the Federative Republic of Brazil on Fulfillment of the Provisions of the Convention on the Rights of Disable Persons 2008-2010
1. Pursuant to article 35, paragraph 1, of the Convention on the Rights of Disabled Persons, the States Parties undertook to submit to the Secretary-General of the United Nations for consideration by the Committee for the Rights of Disable Persons a report on the measures adopted to fulfill the Convention’s obligations: a) within two years after the entry into force of the present Convention for the State Party concerned; and
b) thereafter, at least every four years and further whenever the Committee so requests. Article 36, paragraph 1, provides that the Committee may request further information from States Parties. 2. Elaboration of the national report provides the Brazilian State and society with an opportunity to:
a) conduct a thorough review of the measure adopted to bring national legislation and policies in line with the provisions of the Convention following its enactment into domestic law as the equivalent of a constitutional amendment;
b) ascertain the progress made in the access to exercise of the rights set forth in the Convention, within the general framework of human rights promotion;
c) identify existing problems and deficiencies in the focus adopted for purposes of implementing the Convention;
d) plan and develop appropriate policies to achieve the respective goals. 3. The report of the Federative Republic of Brazil is divided into two parts. The first part, designated the general report, basic information on the country and the general framework for protecting and promoting human rights is provided, with a more detailed discussion of the Legal Instruments Used to Guarantee and Defend the Rights Provided for in the Convention applied through the National Human Rights Program III (Programa Nacional de Direitos Humanos III – PNDH-3), the National Plan for the Rights of Disabled Persons (Plano Nacional dos Direitos da Pessoa com Deficiência) of the Unified Health System (Sistema Único de Saúde), the Unified Social Assistance System (Sistema Único de Assistência Social), and the Brasil Plan 2022 (Plano Brasil 2022), which established goals for implementation through the year of Brazil’s bicentennial celebration. The second part, title specific report, sets out specific information on the application, under law and in practice, of articles 1-33 of the Convention.
4. Finally, it is important to note that this report was submitted for public consultation, with a view to drawing contributions from civil society to the document’s development, pursuant to the guidance of the Committee for the Rights of Disabled Persons (Comitê dos Direitos das Pessoas com Deficiência). To this end, a preliminary version of the report was made available on the special public consultations site of the Ministry of Planning, Budget, and Management from April 8 – June 7, 2011. The comments and suggestions received were examined and incorporated to the final text, ensuring greater transparency in the development of Brazil’s final report.
A. General Information 5. Brazil has a service area of 8,514,876 km2 and a population, according to the 2010 Census of the Brazilian Institute of Geography and Statistics (Institutto Brasileiro de Geografia e Estatística – IBGE), of 93.3 million men and 97.3 million women, for a total population of 190,732,694. The population is distribute heterogeneously across the 26 states of the Federation and the Federal District, where the nation’s capital, Brasília, is located. The national currency is the Real, while the official language is Portuguese. Brazil’s official sign language – LIBRAS – is recognized as a legal form of communication and expression, pursuant to Law No. 10436 dated April 24, 2002.
6. In its first report on human development in Latin America and the Caribbean, which devotes specific attention to income distribution, the United Nations Development Programme (UNDP) found that notwithstanding the clear improvement in national income distribution in recent years Brazil still ranks third from the bottom in this category in the region.
7. Income concentration in the country is influenced by a set of factors, including the lack of access to basic services, and infrastructure, low incomes, in addition to an unfair tax system, and the absence of education mobility between generations. For example, in Brazil the schooling levels of parents influence the educational levels achieved by their children by 55%. In regard to the women’s participation in the labor market, women have a larger presence in the informal economy, work longer hours, and often receive lower salaries than their male counterparts for the same work. In general, being an Afro-Brazilian or indigenous woman is synonymous with yet greater deprivation. On average, the Afro-Brazilian and indigenous segments have twice has many individuals living on less than one dollar per day than the white population.
8. While historically inequality has been high, persistent, and reproduced in a context of low social mobility, the vicious cycle can be broken – not with mere interventions to reduce poverty, but through the implementation of public policies to diminish inequality. An example involves income transfer mechanisms. The achievements secured in recent years in the area of social policy have been reflected in changes in income distribution. Public expenditures on social initiatives have grown, despite the fiscal limits confronted. In addition, social spending per inhabitant has increased as well, concentrated primarily in social security and assistance programs – the former a product primarily of the rising number of retired persons.
9. Through these initiatives, Brazil Gini index rating fell between 1990 and 2008, a result of increased incomes at the base of the Brazilian social pyramid and a real decline in the compensation paid to workers in the country’s highest paying jobs. In the period, the monthly income of the bottom 10% of the population grew by 44.4%, while the incomes of the top 20% rose 16.5%. Among the top 10% of earners, real monthly incomes fell by 9.8% in the period, a decline that was even more acute for the wealthiest 1% of the population.
10. The 2010 Human Development Index (HDI) ranks Brazil 73rd among 169 countries and 11th in HDI in Latin America. Given the methodological changes introduced in 2010, comparing Brazil’s 2010 HDI ranking with previous years would be inappropriate and of little analytical utility. To provide a suitable comparative base, the United Nations Development Programme (UNDP) recalculated Brazil’s data for the past ten years on the basis of the new methodology adopted. According to the new calculus, Brazil would move up four positions and register a 0.8% growth on the index. In 2010, pursuant to the new methodology, Brazil’s HDI was 0.699 on a scale of 0 - 1. The 2010 report concludes that Brazil’s HDI points to a “sustained growth trend over the years.” Even with the adoption of a new methodology, Brazil is situated among the high human development countries, as verified in 2009, when, based on the former methodology, Brazil occupied the 75th position on the ranking, with an HDI score of 0.813. the 2010 report reveals that per capita income is US$ 10,607.00, while life expectancy stands at 72.9 years. Average years of schooling are 7.2 years and school life expectance is 13.8 years. According to the UNDP, the positive evolution of Brazil’s HDI has been, in addition to continuous, harmonious, as reflected in the improvement in all components of the index since 1975.
11. In 2010, the figures on Gross Domestic Product (GDP) indicate that total wealth produced in Brazil has grown at an accelerated pace, in comparison to the output registered in previous years. The Brazilian economy expanded 7.5% in 2010, according to the IBGE. The total value of Brazil’s GDP was R$ 3.675 trillion, representing the biggest jump since 1986, when the country grew 7.5%. According to the IBGE, the largest GDP rise in 24 years was influenced by robust domestic demand and the low comparative base from the prior year, when GDP contracted 0.6%, due to the effects of the 2008 global economic crisis. From 2001 through 2010, average annual growth was 3.6%, above the level registered in the previous decade (1991-2000), at an average of 2.6%. Per capita GDP was R$ 19,016.00 last year, a 6.5% rise over 2009 (R$ 16,634.00).
12. The Brazilian Federal Constitution was promulgated in 1988. The Constitution mandates that the Federative Republic of Brazil is an indissoluble union of states and municipalities and the Federal District constituted as a Democratic State governed by the Rule of Law and founded on sovereignty, citizenship, the dignity of the human person, the social value of work and free enterprise, and political pluralism. It sets forth as a fundamental principle of the Union a tripartite of powers operating within a system of checks and balances aimed at ensuring effective control of the three independent branches. Within the executive branch, the Office of the Public Prosecutor (Ministério Público) was established to exercise jurisdiction over the State by defending the legal order, the democratic system, and non-transferrable social and individual interests.