Being part of Scotland’s story under the UN Disability

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Transcript Being part of Scotland’s story under the UN Disability

The UN Convention on the Rights of
People with Disabilities (UNCRPD)
Written by disabled people for
disabled people
Disabled people don’t enjoy
basic human rights taken for
granted by others
Non-discrimination & civil,
political, social, economic
rights across all areas of life
Legally binding on the UK
since 8 June 2009
UK must implement the rights in
the Convention
- Civil and political rights must
be realised immediately
- Social, economic and cultural
rights must be achieved
progressively – to the
maximum of available
resources.
- No regression – always
moving forward
UN Committee on the Rights of Persons with
Disabilities (UN Disability Committee)
Monitoring compliance
State party submits Report of progress
Committee can request further information (List of Issues)
Considers Report
Committee issues its Concluding Observations
Civil society and Independent Mechanism can provide
submissions at each stage
Obligations and issues under
specific articles
General principles –
Participation and Inclusion
• Participation is important to correctly identify
specific needs, and to empower the individual
• Full and effective participation and inclusion in
society is recognised in the Convention as:
– A general principle (article 3)
– A general obligation (article 4)
– A right
General principles – Non
discrimination and equality
• Fundamental principle of international human rights law
• Includes direct and indirect discrimination
• Reasonable accommodation must be made for persons
with disabilities
• reasonable accommodation: ‘necessary and appropriate
modification and adjustments not imposing a
disproportionate or undue burden, where needed in a
particular case, to ensure to persons with disabilities the
enjoyment or exercise on an equal basis with others of
all human rights and fundamental freedoms’
General principles - Accessibility
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Important as a means to empowerment and inclusion
Both a general principle and a stand-alone article (article 9)
Access must be ensured to:
– Justice (article 13)
– Living independently and being included in the community (article 19)
– Information and communication services (article 21)
– Education (article 24)
– Health (article 25)
– Habilitation and rehabilitation (article 26)
– Work and employment (article 27) - human resource policies and practices
– Adequate standard of living and social protection (article 28)
– Participation in political and social life (article 29)
– Participation in cultural life, recreation, leisure and sport (article 30)
Accessibility – priority issues
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Housing
Access to the built environment
Transport
Information in accessible formats
Article 8 – Awareness raising
• State parties must raise awareness,
throughout society, to foster respect for the
rights of persons with disabilities.
• They must take measures to combat
stereotypes and prejudices and to promote
awareness of the capabilities and
contributions of disabled people.
Article 8 – Priority issues
• Strategies to address prejudice and
negative attitudes towards disabled
people across different sectors (e.g.
workplaces, healthcare, media)
Article 19 – living
independently and being
included in the community
State parties must facilitate disabled people
to live as independently as possible in their
communities and to make their own choices
about their lives.
Article 19 – Priority issues
• Reductions in local authority budgets and impact on
adult social care provision
• Changes to eligibility criteria for social care
• Increase in charging for social care
• Portability of care packages
• Changes to the Independent Living Fund
Article 28 – Adequate standard
of living
• Right of disabled people to an adequate
standard of living for themselves and their
families, including adequate food, clothing
and housing and to continuous
improvement
• Right to social protection including access
for those living in poverty to assistance
with disability-related expenses, financial
assistance, respite care
Article 28 – Priority issues
• Income poverty
• Cumulative impact of welfare reform
measures: Universal credit, transition from
DLA to PIP, “bedroom tax”
• Self-directed Support