Being part of Scotlands story under the UN Disability Convention - Seminar 3

Being part of Scotland’s story under the UN Disability

Convention

-

Seminar 3

Monday 13 February 201212 – 1pm

Independent Living

Welcome and overview

• Welcome to the third seminar!

• Introductions – Duncan, Laura, Jemma, Pam and everyone joining online

• @crpdseminar

• Explain palantyping

• Everything will be recorded

• Please ask questions

• Discussion

The Disability Convention

• International human rights agreement signed by UK Government

• Recognising disabled people continue to face barriers to equal participation and violations of their human rights

• Commitment to ensure disabled people enjoy the same human rights as everyone else and without discrimination

Monitoring and involvement

• Commissions are the “independent mechanisms” to promote, protect and monitor the implementation of the Convention

• Incorporate into Commissions’ work

• “Nothing about us, without us” – disabled people are central to the implementation of the Convention

• Use to achieve social change

What does the Convention say about independent living?

The Government should ensure that:

1. Persons with disabilities have the opportunity to choose their place

of residence and where and with whom they live on an equal basis with

others and are not obliged to live in a particular living arrangement;

2. Persons with disabilities have access to a range of in-home,

residential and other community support services, including personal

assistance necessary to support living and inclusion in the community,

and to prevent isolation or segregation from the community;

3. Community services and facilities for the general population are

available on an equal basis to persons with disabilities and are responsive

to their needs.”

What does the Convention say about independent living?

Article 19 Right to Independent Living is inter-dependent with the realisation of other articles in the Convention, particularly:

• Article 12 right to legal capacity• Article 13 access to justice • Article 18 freedom of movement/article 20 personal mobility• Article 29 right to participate in political and public life• Article 33 disabled people must be involved in the implementation of

the Convention

General obligations in Article 4: review existing approach, adopt new measures where needed, assess impact, involve disabled people.

Your Concerns

• Concerns about portability of care between local authority areas

• Accessible transport should be a priority

• Some learning disabled people continue to live in residential settings when they could be living independently if adequate support were available

• Independent living is an overarching priority

• Concern at the impact of government spending cuts and lack of participation of disabled people in spending cut decisions

• More could be done to apply the Human Rights Act and the Disability Convention to advance independent living

How could the Convention be used:

• JCHR Inquiry• Self Directed Support • In realising a human rights based approach. For

example, in Scotland’s National Dementia Strategy• Integrating equality and human rights impact

assessments• An action plan?

Independent living: a Human Rights agenda

13th February 2012

Pam Duncan, Policy Officer, ILiS   

The ILiS project• Funded by the Scottish Government• led by a Steering Group of disabled people

• Hosted by the EHRC until March 2012, then Inclusion Scotland • Wider Scottish Government agenda

– Core Reference Group– COSLA project

History of the Independent Living Movement (ILM)

• ILM is not new!• International movement develops in the 60’s

– Choice, control, freedom and dignity• Disabled people are frustrated with the lack of

control and choice they have over their own lives• Led by disabled activists• Independent Living Movement in Scotland

– Inclusion Scotland, Scottish Disability Equality Forum and Self Directed Support Scotland

Independent living

Independent living means disabled people of all ages having the same freedom, choice, dignity and control as other citizens at home, at work and in the community. It does not mean living by yourself or fending for yourself. It means the right to practical assistance and support to participate in society and live an ordinary life.

Independent living

The Basic Rights of independent living

(slide 1)

• inclusive education and training• equal opportunities for employment• full access to our environment• fully accessible public transport• technical aids and equipment • accessible and adapted housing• personal assistance

Independent living

The Basic Rights of independent living

(slide 2) • an income including income from benefits• accessible and readily available information • advocacy and working towards self-advocacy• counseling, including peer counseling• accessible and inclusive healthcare provision• communication and appropriate support for

communication

• civic participation

Independent living: what’s happening...?

• Policy

• Practise

• Services

• Human rights

Independent Living and human rights...

...is a 2 way street: disabled people need independent living to make human rights a reality and human rights protections underpin independent living...

Independent Living and human rights continued...

• Supports the who, what, where and when of life• Without choice, control, freedom and dignity, human rights are

a distant dream• Independent living is underpinned by human rights e.g. HRA,

UNCRPD, ECHR

• Human rights must inform the principle and delivery to ensure independent living

All human rights belong to disabled people

• European Convention on Human Rights

– Article 3 and Article 8

• United Nations Convention Rights of People with Disabilities (UNCRPD)

– an important mechanism to drive forward the human rights of disabled people, including independent living

• United Nations International Covenant on Economic, Social and Cultural Rights (CESCR):

– the right to enjoy highest attainable standard of physical and mental health and adequate standard of living

Rights a reality?

• “regressive government policies seriously undermine the rights of disabled people and the UN Convention on the Rights of Disabled People” – Disability Now 2011

• “we remain concerned that many rights that disabled people have fought hard for over the past 20-30 years will be eroded by the UK government’s proposed radical welfare reform programme” – Campaign for a Fair Society response to the Universal Periodic Review of Human Rights, Nov 2011

Rights to reality...

• Independent living part of policy and service

delivery

• Preventative spending

• Co-production

• Leadership on and promotion of human rights

Opportunities coming

up....• Scottish Government’s programme

on IL

• JCHR findings

• National Action Plan

• UK strategy

Questions....?   

contact@ilis.co.uk www.ilis.co.uk

Twitter@ilisprojectFacebook

@independentlivinginscotland

Questions &

discussion

• Thank you to all

• To provide feedback email hello@scottishhumanrights.com

• Next seminar is Monday 12 March on CRPD and children and young people. The guest presenter will be from Scotland’s Commissioner for Children and Young People

• If you missed anything, you can watch or listen again by going to:

http://www.scottishhumanrights.com/ourwork/crpd/seminar