General News

Singapore has ratified the CRPD with reservations

1. The Republic of Singapore?s current legislative framework provides, as an appropriate and effective safeguard, oversight and supervision by competent, independent and impartial authorities or judicial bodies of measures relating to the exercise of legal capacity, upon applications made before them or which they initiate themselves in appropriate cases. The Republic of Singapore reserves the right to continue to apply its current legislative framework in lieu of the regular review referred to in Article 12, paragraph 4 of the Convention.

2. The Republic of Singapore recognises that persons with disabilities have the right to enjoyment of the highest attainable standards of health without discrimination on the basis of disability, with a reservation on the provision by private insurers of health insurance, and life insurance, other than national health insurance regulated by the Ministry of Health, Singapore, in Article 25, paragraph (e) of the Convention.

3. The Republic of Singapore is fully committed to ensuring the effective and full participation of persons with disabilities in political and public life, including through the protection of the exercise of their right to vote by secret ballot in elections and public referendums without intimidation. With respect to Article 29, subparagraph (a) (iii) of the Convention, the Republic of Singapore reserves the right to continue to apply its current electoral legislation which requires that assistance in voting procedures shall only be effected through a presiding officer who is appointed by the Returning Officer and has signed an oath to safeguard voting secrecy.?

In Singapore it is compulsory for all citizens to vote, regardless of disability. MSF explained that it believes that trained officers are better suited to assisting a person with disabilities with their vote than a family member, caregiver or friend. The reasoning is that if that family member, friend or caregiver influenced, changed or disclosed the vote of the person with disability, that person would be less likely to complain about that infringement of their rights than if a stranger acted in such an inappropriate manner. Returning Officers are subject to criminal prosecution if they try to influence or change or disclose a person's vote and the Government feels that a person with disabilities would hold those Officers to a standard that they might not hold their family, friends or caregiver to. In this the Government thought they were doing one better than the CRPD and protecting who they see as a group vulnerable to coercion. However, a DPO raised the issue of persons with intellectual disabilities or learning difficulties who might be more comfortable with someone they know and trust. For example, a person with autism might be too uncomfortable accepting support from a Returning Officer and this could cause they not to vote, or they might get so uncomfortable that they act aggressively and are denied the chance to vote. MSF seemed genuinely concerned by this point and promised to bring up the need for a public consultation on this issue with the Election Office. DPA will again monitor the situation and push for the consultation as soon as possible.

Disability People's Organisations in Singapore were invited to a session with the Ministry of Social and Family Development (MSF) just before Singapore signed the CRPD to discuss two of the three reservations below. The first reservation relating to the Mental Capacity Act was not discussed with DPOs in advance of the signing, but I would just like to share the Singapore Government?s explanation for the other two reservations and what DPA Singapore intends to do in terms of follow-up.

1. The Republic of Singapore?s current legislative framework provides, as an appropriate and effective safeguard, oversight and supervision by competent, independent and impartial uthorities or judicial bodies of measures relating to the exercise of legal capacity, upon applications made before them or which they initiate themselves in appropriate cases. The Republic of Singapore reserves the right to continue to apply its current legislative framework in lieu of the regular review referred to in Article12, paragraph 4 of the Convention.

The Ministry of Health conducted a public consultation on the Voluntary Sterilization Bill (as there were particular concerns about this procedure with regards to woman with disabilities) and to align it with the Mental Capacity Act.

The Singapore Government assured DPOs that no minors with disabilities had been sterilized and that there is a rigorous review process before any person, with or without disabilities, is sterilized under this act. Having dealt with these concerns it must be assumed that the Singapore Government thinks that its Mental Capacity Act meets the needs of persons with disabilities gaining equal recognition under the law and that public consultations are better than regular review. DPAwill keep tabs on this, but since it has not had much time to process this reservation, having had no prior warning it has no formal strategy to deal with it yet.

2. The Republic of Singapore recognises that persons with disabilities have the right to enjoyment of the highest attainable standards of health without discrimination on the basis of disability, with a reservation on the provision by private insurers of health insurance, and life insurance, other than national health insurance regulated by the Ministry of Health, Singapore, in Article 25, paragraph (e) of the Convention. MSF told DPA that the Singapore Government does not want to force Insurance Companies to provide universal coverage and thus ensure all persons with disabilities in Singapore have private health insurance. This is in line with the Singapore Government?s policy of not interfering legislatively with many of the business practices here. Instead the Government said it would extend Government health insurance to cover those are yet to be born with disabilities. So this change in policy would only cover those not yet born by the time of the signing and ratifying of the CRPD. These leaves a large number of persons with disabilities in Singapore without health insurance and the Government has said that they can tap into the Government?s emergency care funding if they do not have the means to pay for their own medical care. The problem with that fund is that you need not only to prove that you do not have the income to pay for your medical care, but that your family does not have enough in their Government health care fund to cover the person with disabilities. This is unfair on the family who might have to use that fund for their own medical needs, especially if they are also low income. The Government has promised to look further into this issue of those left behind by the change in Government health care policy and DPA will monitor the situation closely and help them work towards a reasonable solution.

3. The Republic of Singapore is fully committed to ensuring the effective and full articipation of persons with disabilities in political and public life, including through the protection of the exercise of their right to vote by secret ballot in elections and public referendums without intimidation. With respect to Article 29, subparagraph (a) (iii) of the Convention, the Republic of Singapore reserves the right to continue to apply its current electoral legislation which requires that assistance in voting procedures shall only be effected through a presiding officer who is appointed by the Returning Officer and has signed an oath to safeguard voting secrecy.

Additional Information

Country: Singapore
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Source: Disabled People's Association, Singapore
When: 07/8/2013

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