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So what is Making it Work?. An innovative approach for collecting evidence based examples of good practice, evidence of social change Shifts attention to what has worked and how it could be replicated or ‘scaled up ’ Uses a multi-stakeholder approach – building alliances
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So what is Making it Work? • An innovative approach for collecting evidence based examples of good practice, evidence of social change • Shifts attention to what has worked and how it could be replicated or ‘scaled up’ • Uses a multi-stakeholder approach – building alliances • We aim to ensure that people with disabilities are validating what works • There is an emphasis on a “learning by doing” process that empowers groups to work collectively to document and promote change • Use evidence-based good practices and recommendations to influence change and strengthen and empower DPOs to advance their advocacy work
Context • In Colombia, people with intellectual and psychosocial disabilities cannot sign contracts • These groups are regularly declared legally “incapable” and stripped of legal capacity • Legal capacity is determined by a clinical diagnosis (Law 1306 of July 2009)
Making It Work • Two DPOs representing people with psycho-social disabilities and people with intellectual disabilities worked together in partnership with academia and civil society to collect good practices and develop recommendations to the 1306 law, based on the principles outlined in Article 12 of the CDPD on legal capacity • This project sought to inform its members and other stakeholders on legal capacity issues and the implications for current legislation in Colombia • They also used MIW to orient stakeholders around a new paradigm on legal capacity and supported decision-making
Best practices • Illustrated people with intellectual and psychosocial disabilities who have exercised their right to make decisions autonomously and independently • Analyzed the conditions and support that allowed these people to exercise legal capacity to be used for recommendations on the amendment of legislation • The report presented new strategies for supported decision making that have been implemented in other cultures
Multi-stakeholder approach Multi-stakeholder advocacy committee on legal capacity that included: • Legal faculties • Civil society organizations • Lawyers • The Ministry of Social Welfare, • The National Council on Disability • DPOs The group’s role: The advocacy committee analyzed the results of the research and made a systematic documentation of the good practices related to decision-making and legal capacity and formulated recommendations for policy makers.
Advocacy activities • Carried out training sessions for 200 families on Article 12 in 2011 – families now have information to decide against declaring a member legally incapable • Held “days of legal advice” for families and disabled people in Cali, Bogota, Medellin and Cartagena • With the law faculty at the University of the Andes they carried out training for law professionals working on legal capacity issues • Workshops were held in several cities throughout Colombia to train judges and legal practitioners on the impact of depriving a person of legal capacity • 2 international forums were held on legal capacity – 380 people attended
Results • Empowerment of members on legal capacity issues and better understanding of the practical application of the CRPD • Multi-stakeholder involvement and commitment • Strategies for advancing legal capacity issues in Colombia
Empowering process • Fundamental formed a group of leaders who are self-advocates and actively promoting the rights of people with psycho-social disabilities • Creation of a group of adults with intellectual disabilities who meet regularly to discuss their rights, the CRPD and strategies for participatory processes in policy advocacy • Last year, 3 young people with intellectual disabilities presented their recommendations at a forum held in Bogotá
Empowering process • “One of the great strengths of this process has been working together with PAIIS [a legal counselling organization in the Department of Law] at the University of the Andes and this amount of effort and support from the university strengthened the position of Fundamental as a reference on legal capacity issues in Colombia.”
Commitment • Interest in the subject by the law faculties of several universities • Asdown and Fundamental are applying for projects to advance issues related to article 12 in partnership with universities and law faculties • Legal capacity issues part of the mandate of PAIIS
Evidence based advocacy • “We now have effective ways to plan our advocacy exercises in a systematic manner using good practices as a resource” • “We now know that it is most effective to work with stakeholders who have the power to influence decision makers” • “Working with them, we can develop proposals based on best-practices and present these to decision-makers for more effective advocacy”
How to get started? • Making it Work Guidelines: clear indications on how to plan and implement a Making it Work project • New set of tools to be online by May 2012 • Can be downloaded on the website http://www.makingitwork-crpd.org