Outline of Presentation

1. Current approaches to the inclusion of people with additional needs – Legislation and social policy.

2. Outline of Presentation • National Advocacy Service • Models of disability – medical model vs. social model • Current Irish legislation • Some social policy developments • U.N. Convention on the Rights of People with Disability

3. National Advocacy Service An independent, free and confidential advocacy service for people with a disability.

4. National Advocacy Service • Is funded by The Citizens Information Board • Works with people with disability over age of 18 • Aims to reach the most vulnerable people – people who may not be in a position to self refer; who may be isolated in the community; who live in residential institutions.

5. National Advocacy Service The Purpose of Advocacy is to: • Stand alongside people who are in danger of being ignored. • Enable people to seek and receive information, explore and understand their options and to make their wishes and views known to others. • Empower people to make decisions for themselves. • Ensure that people’s needs, wishes and rights are given due consideration and acted upon.

6. Medical Model vs. Social Model • Medical model is the traditional approach to service delivery. • Social model emerged in USA after Vietnam War.

7. Medical Model of Disability • The person with a disability is the “problem”, not society or the State • The person’s disability must be “fixed” or “cured.” Focus is on health needs (sometimes exclusively.) • If the person cannot be cured, s/he must be “cared for” in a segregated environment. • The person is isolated and deprived of many fundamental human rights. • The power to address the “problem” of disability rests with the medical profession not society or the State.

8. Social/Human Rights Model • Society “at fault” not person with disability • Focus on addressing the ability of person rather than inability. • Seeks participation of person in everyday social activities. • Person accesses the same services as anyone else • Responsibility shifts from medical profession to the state to “remove discrimination” in access to goods and services. • “accommodate” needs of person to participate in societyrather than cure the impairment. • Read Vic Finkelstein!

9. Johnny & Mary • Johnny has severe physical disability. • Lives independently. • Has a third level education. • Has a professional job. • Has a girlfriend. • Good social life. • Lives an ordinary life.

10. Johnny and Mary • Mary is a wheelchair user but has less significant needs than Johnny. • Lives in a nursing home. • Left school at 12 and struggles with literacy and numeracy. • Has never had a job. • WHO IS THE MORE SEVERELY DISABLED?

11. Current Legislation • Employment Equality Act 1998 • Equal Status Act 2004 • Mental Health Act 2001 • Education for Persons with Special Educational Needs Act 2004 • Disability Act 2005 • Citizen Information Act 2007

12. Employment Equality Act 1998Equal Status Act 2004 • Prohibit discrimination on nine grounds: gender, age, marital status, religion, family status, membership of traveller community, race, sexual orientation, disability. • Relates to provision of goods, services, accommodation, education.

13. Employment Equality Act 1998Equal Status Act 2004 • Disability: service provider must make “reasonable accommodation” to accommodate the needs of PWD unless it comes to more than a nominal cost.

14. Disability Act 2005 • Provides a statutory entitlement to an independent assessment of health and education needs. • A service statement is drawn up. • Person has a right to complain to HSE if dissatisfied. • Only introduced for 0-5 year olds so far. • Six government departments must develop sectoral plans to outline how they will make their services accessible to PWD.

15. Social Policy Developments • HIQA National Quality Standards for Residential Services for People with Disabilities. • HSE Report “Time to Move on from Congregated Settings” recommends that all those living in congregated settings will move to community settings. • No new congregated settings will be developed and no admissions will take place to congregated settings.

16. Social Policy Developments • A Vision for Change – policy document outlining the direction for Mental Health Services in Ireland. Advocates community based services.

17. U.N. Convention on the Rights of Persons with Disabilities • Signed but not ratified by Irish Government. • Does not create new rights but spells out what the various rights mean for PWD. • Important articles: Article 12 (being recognised as an equal person before the law) Article 19 (the right to live independently) Article 24 (right to education) Article 7 (children’s rights)