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Overview

Dr. Eilionóir Flynn, Senior Research Fellow, Centre for Disability Law and Policy, National University of Ireland Galway. The Rights of Persons with Disabilities: international norms, domestic contexts and major campaigns. Overview.

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Overview

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  1. Dr. Eilionóir Flynn, Senior Research Fellow, Centre for Disability Law and Policy, National University of Ireland Galway The Rights of Persons with Disabilities: international norms, domestic contexts and major campaigns

  2. Overview • International human rights norms: sources and substance (UN, Council of Europe, EU) • Factual situation encountered in Council of Europe Member States: some key issues • Major international campaigns for reform: legal capacity, torture, institutionalisation, indicators of human rights • Future directions and new opportunities for Member States: National Disability Strategies

  3. International Norms: CRPD • Covers all rights: civil, political, economic, social cultural • Consolidates all existing IHRL and applies to a disability context • Use in European human rights structures e.g. in interpreting ECHR

  4. Key Shifts in Thinking • Disability as a health/social policy issue  disability as a human rights issue • Law and policy made for people with disabilities  made with/by disabled people • Substitute decision-making  supported decision-making (public and private?) • Dependence on state  interdependence, facilitate independence

  5. CoE Human Rights Norms LEGAL NORMS POLICY COMMITMENTS Council of Europe Disability Action Plan 2006-2015 (15 action lines, cross-cutting issues and coordination via CAHPAH) • European Convention on Human Rights (application to disability and interpretation using CRPD) • European Social Charter (significance of socio-economic rights in disability context)

  6. EU Human Rights Norms LEGAL NORMS POLICY COMMITMENTS European Union Disability Strategy 2010-2020 (and implementation via High Level Group on Disability) Code of Conduct for Implementing CRPD between Council, MS and Commission • Charter of Fundamental Rights • Framework Directive 78/2000 • CRPD (as State Party which has ratified)

  7. Council of Europe Member States • Factual situation at grassroots level – preparing for ratification, or post-ratification implementation of CRPD • Aligning with commitments in EU and Council of Europe legislation and policy, as well as national priorities, resource constraints, etc. • Prioritise key issues which will lead to law and policy reform, structural/procedural reform, and programmatic change

  8. Law and Policy Reform Priorities • Legal Capacity – Article 12, CRPD • Repeal of archaic guardianship laws • Introduction of mechanisms for supported decision-making (e.g. starting in contract law) • Innovating: continuum of support (information  advocacy  supported decision-making)

  9. Structural/Procedural Reform • Focal point(s) within government (Art 33.1) • Co-ordinating mechanism between focal points (Art 33.1) • Monitoring framework, with one or more independent mechanism(s) (Art 33.2) • Active civil society involvement in monitoring • Information collection (statistical and research data) to implement Convention (Art 31)

  10. Programmatic Change • Changing the way supports are provided to people with disabilities • Reviewing current funding/spending on services to make sure resources are going to the types of supports which bring about the change envisaged in Convention • Introduce personalised supports (e.g. individual budgets, direct payments) and supports for independent/community living

  11. Campaign 1: Legal Capacity • MDAC Campaign to Change Guardianship • Campaigns in MS to reform legal capacity (e.g. Ireland, N. Ireland) • Committee on Rights of Persons with Disabilities seek submissions on Article 12

  12. Campaign 2: Torture, Inhuman, Degrading Treatment • MDRI report on Judge Rotenberg Center • UN Special Rapporteur on Torture • Guardian Newspaper Expose • CoE Commissioner for Human Rights statement

  13. Campaign 3: Deprivation of Liberty • ENIL/ECCL Free Our People Now! • Desegregation, deinstitutionalisation • Genuine community living, not ‘mini’ institutions • Barriers to community living explored e.g. hate crime

  14. Campaign 4: Human Rights Indicators • Article 31 – data and statistics • Need to measure impact of CRPD on people with disabilities • UN Secretariat to Human Rights Treaty Bodies • FRA and ANED work

  15. Future Directions • Vehicles to embed CRPD dynamic of change at domestic level (NDS) • More opportunities for member states sharing best practice and learning (CAHPAH, HLGD, Conference of States Parties) • Focus on aligning international and domestic priorities through NDS to showcase progress in implementing human rights norms

  16. 10 Success Factors for NDS • Renew the commitment • Connect national to international • Enhance transparency • Broaden participation • Draft detailed implementation plan • Independent monitoring • Tools to measure progress • Mainstream disability equality • Broaden the frame • Ensure sustainability

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