Using the Convention to improve my life and that of other disabled people in Britain

Marije Davidson, Policy and Research Manager Disability Rights UK February 2013

What is the Convention about?

• Giving real rights to disabled people • Changing attitudes and behaviour • Changing institutional culture

Sounds familiar?

• Public sector equality duty (disability equality duty) • Non-discrimination is a core human rights principle And don’t forget….

• s 6 Human Rights Act 1998 places a duty on public bodies to act compatibly with a person’s rights under the European Convention on Human Rights.

Raising awareness

Article 8 – Governments should take immediate, effective and appropriate steps to: - raise awareness throughout society and to encourage respect towards disabled people - eliminate prejudice and abuse against disabled people - raise awareness of the value of the contribution disabled people make to society (public awareness campaigns, education, media portrayal, awareness-training programmes)

Exercise 1: Awareness-raising

1. What can you learn from the Equality Duty?

2. What can you do to help promote the Convention?

Influencing local and national policy

Article 4.3: Government is expected to involve disabled people in the plans to implement the Convention when it is making new laws and policies which affect disabled people.

• What does the Convention say?

• How are disabled people’s human rights affected?

• What practical steps can public bodies take to solve the problem?

Exercise 2: Influencing

A council sets their budget for youth services. They want to make sure that young disabled people are given the opportunity to be active. Following a survey they find that young disabled people prefer a place of their own and they propose to fund a club just for them. This proposal will be put to the Full Council.

Exercise 2 - questions

• What rights are involved?

• What practical steps do you suggest that the council make to ensure that they comply with the Convention rights?

Advocacy

Strengthening disabled people’s control over their own lives and full participation in society Burnip case: • Housing benefit and ‘bedroom tax’ • Article 14 ECHR/HRA – non-discrimination • If application of Art 14 (discrimination and justification) had been uncertain then the Court would have used the Convention

Exercise 3: Advocacy

Amy and Andrew have been living together for three years. Amy works 32 hours whilst Andrew works 16 hours a week. Andrew is deafblind and has a communicator guide for six hours a week to assist with correspondence and administration. Social services review the care plan and decide that Andrew does not need a communicator guide as his partner can do the correspondence and administration.

Exercise 3 - questions

• What convention rights are involved?

• What domestic law is involved?

About Disability Rights UK

Disability Rights UK is led, run and controlled by disabled people. We work to create a society where everyone with lived experience of disability or health conditions can participate equally as full citizens.

Disability Rights UK’s objectives are to: • mobilise disabled people’s leadership and control • achieve independent living in practice • break the link between disability and poverty and • put disability equality and human rights into practice across society www.disabilityrightsuk.org