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Hasan Bermek Office of the Council of Europe Commissioner for Human Rights

Hasan Bermek Office of the Council of Europe Commissioner for Human Rights www.commissioner.coe.int. Overview: Council of Europe Commissioner for Human Rights. Independent, impartial, non-judicial institution established in 1999

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Hasan Bermek Office of the Council of Europe Commissioner for Human Rights

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  1. Hasan Bermek Office of the Council of Europe Commissioner for Human Rights www.commissioner.coe.int

  2. Overview: Council of Europe Commissioner for Human Rights • Independent, impartial, non-judicial institution established in 1999 • Promotes awareness of and respect for human rights in the 47 member states • Elected for a non-renewable term of 6 years (Nils Muižnieks since April 2012)

  3. Overview

  4. Commissioner’s recent work on disability • Human Rights comment on the right to vote • Issue Paper on Legal Capacity • Issue paper on Community Living

  5. The right to be included in the community: why is it important? • affects the enjoyment of all other rights • taken for granted by the majority, often denied to persons with disabilities • Segregation and isolated settings increase the risk of stigmatisation, exploitation, violence and abuse • Still a long way to go for all member states

  6. The core of the right • Neutralising the isolation and loss of control over one’s life, because of one’s support needs in an inaccessible society • Violated when: • support is only available outside the community (or altogether withheld); • the burden is put on the person to ‘fit in’, when services and structures are not designed for diversity.

  7. Relevant human rights standards • Article 19 of the CRPD • European Convention on Human Rights (and the case-law of the Strasbourg court) • Stanev v. Bulgaria • Other Council of Europe standards

  8. Commissioner’s Recommendations to member states (1/3) • Review legislation in the light of Article 19; • Implement the right to legal capacity, if necessary through supported decision-making; • No new admissions into institutional settings; • Develop a transition plan for phasing out institutions; • Reallocate resources towards community-based supports;

  9. Commissioner’s Recommendations to member states (2/3) • Recognise that smaller settings (e.g. congregate care) can also be problematic; • Develop a plan for services to promote inclusion; • Ensure that children are able to live a full life within family and community; • In providing services, maximise individual choice (avoid bundled services).

  10. Commissioner’s Recommendations to member states (3/3) • Enable purchasing of own support and housing; • Review inclusiveness of general services; • Ensure monitoring of institutions (until they disappear) and of the quality of community support services; • Full involvement of persons with disabilities throughout the process.

  11. Other examples of the Commissioner’s work • Right to vote for persons with disabilities: http://www.youtube.com/watch?v=FJw-0lCVNCk

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