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The rights of people with disabilities
What the Special Rapporteur did in 2018.
Taking away a person’s freedom becausethey have a disability.
EasyRead version of:Report of the Special Rapporteuron the rights of persons with disabilities(A/HRC/40/54).
What is in this report Page
1. About this report 1
2. What the Special Rapporteur did 5
3. Taking away a person’s freedom because they have a disability
7
4. How other people take away a person’s freedom becausethey have a disability
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5. What the law says about freedom and people with disabilities
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6. The most important things to think about
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7. Conclusions and what should happen next
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8. What the words mean 31
Sometimes we need to use newor difficult words
These words are in and thereis a list of what they mean at theend of this report.
bold
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1. About this report
Every year the Special Rapporteur writesreports to tell the United Nations abouthuman rights and people with disabilities.
The United Nations is a group made up of193 countries. They work together tomake the world a safer place for everyone.
The Special Rapporteur is CatalinaDevadas-Aguilar. She helps countriesunderstand how to make sure people withdisabilities can get their human rights.
This is an EasyRead version of Catalina’sreport about:
● what she did in 2018
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● taking away a person’s freedombecause they have a disability
● how to make sure people withdisabilities get their rights andfreedom.
An international agreement called theDisability Convention says people withdisabilities have the same human rightsas everyone else.
This includes the right to be free and safe.Human rights are important for living agood life.
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The Disability Convention also sayscountries should give people withdisabilities the support they need to havethe right to live where they choose andmake their own decisions.
People cannot discriminate against aperson because of their disability.
No one should take away the freedom orkeep persons with disabilities somewherethey have not agreed to and cannot leave.
Instead, Governments must give peoplewith disabilities all the support they needto get their rights as set out in theDisability Convention.
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With her report Catalina wants to makesure that all countries follow the DisabilityConvention.
Catalina spoke to governments,organisations and people with disabilities’groups and visited different countries.
She found out more about the servicespeople with disabilities should have andthe way governments should supportthem.
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2. What the SpecialRapporteur did
In 2018 Catalina:
● visited Kuwait to find out what life islike for people with disabilities livingthere
● agreed to visit other countries
● talked about rights and people withdisabilities at conferences andmeetings in different countries
● worked to make sure the UN getsbetter at collecting information aboutrights and people with disabilities
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● wrote letters and reports about theproblems and best solutions for peoplewith disabilities
● helped people understand that it isimportant for all laws and policies towork for people with disabilities.
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3. Taking away a person’sfreedom because they havea disability
Catalina looked at deprivation of libertyand people with disabilities.
Deprivation of liberty means taking awaya person’s freedom by:
● keeping people in prison
● keeping them in hospital or mentalhealth services against their will
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● making them live in services awayfrom other people
● keeping people in religious campswhere they are chained up
● allowing charity organisations toseparate people from their familyand friends
● not letting them leave their own home.
If a person is kept somewhere they havenot agreed to and cannot leave, this takesaway their freedom.
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Catalina found that:
● too many people with disabilities areheld in places like prisons
● too many children and young peoplewith disabilities live in institutionsaway from other people, for exampleorphanages
● many people with disabilities are keptin mental health services against theirwill. Most countries say that this is tokeep the person or other people safe
● some people start by agreeing to go tohospital but then spend a long timethere and cannot leave
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● some people are afraid to refusetreatment because they feel they haveno choice
● instead of looking at how to stop this,countries write laws to say why andhow it can happen
● Catalina thinks it happens too often,especially in more wealthy countries
● many countries believe they can onlycare for people with disabilities ininstitutions away from other people.They do not have services to supportthem in the community
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● many children are treated badly,abused and locked up in theseservices. This stops them growing upas well as they would in their family.Catalina says governments shouldforbid any separation of children fromtheir families
● if a person with a disability does notunderstand what they have done, theymight not go to prison for a crime.Instead they can be kept in a hospitalor other service. But there are no rulesabout how long they have to stay orhow they are treated
● people with disabilities who live in thecommunity can also have theirfreedom taken away. In somecountries their families shut them upor use ropes and chains to stop themmoving freely
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● many children, adults and older peoplecannot leave their homes when theywant to. This happens a lot for peoplewith a learning disability or mentalhealth problems
● people who are shut away are more atrisk of feeling unsafe or being abused.People can get hurt, made to feel bador scared, but they cannot complain orstop the abuse from happening
● people who are kept in an institutionare not getting the care and supportthey need
● they lose the right to make their owndecisions or ask for things to change
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● other people think this keeps peoplewith disabilities safe. But mostgovernments do not check how itaffects them and their human rights.
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4. How other people take awaya person’s freedom becausethey have a disability
Many countries say it is better for peoplewith disabilities to stay away from otherpeople.
This is not because it is the best way tosupport people with disabilities. It isusually because other people areashamed or frightened of them.
Many people, including doctors, stillbelieve people with disabilities:
● need special care and cannot live inthe community
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● have evil spirits inside them
● have an illness that other peoplecan catch
● can be violent or dangerous, especiallyif they have a mental health problem
● can only get the support they need inlarge services away from other people.
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If families do not get support to care forsomeone at home, they might decide tosend them away.
More people with disabilities are gettinginto trouble because the police do notunderstand the way they behave orbecause they are homeless.
Too many women, young girls, olderpeople and people from minority groupsare kept in mental health services andinstitutions.
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5. What the law says aboutfreedom and people withdisabilities
Everyone has the right to liberty andsecurity.
Liberty means not being shut up or keptsomewhere you do not choose to be. Thisincludes being tied up or held so youcannot move.
Security means no-one hurts your body oryour mind.
Being free and safe helps people to havemany other human rights, such as theright to study and work.
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It also allows people to get the care theyneed.
International laws say you can lose theright to liberty if you break the law. Thisapplies to people with disabilities as wellas everyone else.
It is discrimination to take away aperson’s freedom because you think theyhave a disability or because of who theyare.
But this is still happening in too manycountries where governments believe it issometimes the right thing to do.
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The Disability Convention says countriesshould not take away a person’s freedomjust because they have a disability.
They should understand that this is notthe way to keep them and other peoplesafe. People who are kept somewhereagainst their will are not safe. There ismore chance that they will be abused,have treatment they do not agree to andlose their human rights.
Governments must look at ways to givepeople all the support they need withouttaking away their freedom.
They should give people with disabilities:
● freedom to decide about their ownlives
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● support to live in the community andmake their own decisions
● choice and control over mental healthtreatment
● the same rights as anyone else whocommits a crime or goes to court.
Children with disabilities should receivesupport to live with their family. If theylose their parents, they should live withother members of their family or withother families, not in institutions.
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If people with disabilities have broken thelaw, they must have support tounderstand and use their rights in courtsand the justice system.
The Disability Convention is starting tochange things. The UN and someinternational organisations understand itis always wrong to take away a person’sfreedom because of their disability.
But other people and organisations saythis must still happen if it is the only wayto keep people safe.
Some countries who signed the DisabilityConvention are still looking at what thismeans for them.
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Catalina says it is always wrong to takeaway a person with disabilities’ freedombecause someone else thinks:
● they might be a danger to themselvesor other people
● they need care
● they need treatment.
All of these ideas are based on what mighthappen. They are not based on facts.
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They take away the right to decide aboutyour own life, for example about yoursupport, treatment or where you live.
Catalina asks all governments to thinkabout how they can agree to this part ofthe Disability Convention and make itwork in their country.
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6. The most important thingsto think about
Countries that sign the DisabilityConvention must think about 8 things:
1. Get rid of laws that discriminateagainst people with disabilities andallow other people to take away theirfreedom.
2. Spend money on better services in thecommunity and stop sending peoplewith disabilities to institutions awayfrom other people.
3. Have better mental health services inthe community that involve people inplanning their care and treatment, andrespect their will and choices.
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4. Give people with disabilities the samerights as everyone else to use thecourts and justice system to fight fortheir rights. Check this is happening.
5. Make sure adults and children withdisabilities can use community serviceslike schools, healthcare, housing andsupport to work.
6. Involve and listen to people withdisabilities and their organisationswhen they plan services and support.This includes children and youngpeople with disabilities.
7. Work to help everyone understandthat people with disabilities are notdangerous and have the same rightsas anyone else
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8. Stop spending money on services thattake away people’s freedom becausethey have a disability. Plan and pay forgood community services that supporttheir human rights.
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7. Conclusions and whatshould happen next
Catalina found that countries all over theworld are taking away people’s freedombecause they have a disability.
This happens when they are forced to stayin hospitals, institutions or their ownhome and cannot make choices abouttheir lives.
There are also too many people withdisabilities in prisons.
People with disabilities do not have to betreated like this.
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They lose their rights and freedom whencountries do not have the services tosupport them properly in the community.
The Special Rapporteur says countriesthat sign the Disability Conventionshould:
● have laws that give people the sameright to freedom as everyone else
● get rid of laws that make it possible totake away a person’s freedom becauseof their disability
● have a plan to say when they will haveenough community services to stoppeople living in institutions away fromother people
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● stop giving people treatment they donot agree to, including in mentalhealth care
● make sure people with disabilities havethe same right as everyone else tofight for their freedom
● have good, safe services for peoplewho are at risk of harming or killingthemselves
● involve people with disabilities andtheir organisations when they planhow to stop taking away people’sfreedom
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● work to stop discrimination and tellthe public, government, organisationsand media that people with disabilitieshave the right to freedom
● stop spending money on services thattake away people’s freedom. Plancommunity services and socialprotection that people with disabilitiesmore choice and control
● ask other countries and organisationsnot to give money to projects orservices that take away people’sfreedom because they have a disability.
Catalina says the United Nations shouldthink about the right to freedom forpeople with disabilities in everything itdoes.
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8. What the words mean
Deprivation of liberty - taking away a person’s freedom bykeeping them somewhere they do not choose and not lettingthem leave.
Disability Convention – a set of rules that countries agree tofollow to give people with disabilities the same human rights aseveryone else.
Discrimination – treating someone worse than other peoplebecause of who they are or where they come from.
Institution – a building or place where certain people are keptaway from their families or other people. This happens forchildren or adults who have a disability.
International law – a set of rules that was commonly agreedon by many countries.
Justice system – organisations like the police and courts thatdeal with people who commit crimes.
Liberty - not being shut up or kept somewhere you do notchoose to be. This includes being tied up or held so you cannotmove.
Media – ways of sharing information. For example TV, radio,newspapers, magazines and the internet.
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Security - no-one hurts your body or your mind.
Special Rapporteur – a person working for the UN who helpscountries understand what they need to do to make surepeople get their rights.
United Nations (UN) – a group of 193 different countries thatwork together to try to make the world a better and safer placefor everyone.
Rights – things that should happen for every person.
Human Rights – basic rights and freedoms that should happenfor every person in the world.
Social protection - things that give everyone the same chancesin life. For example, having enough food, basic healthcare, goingto school or money to help pay for things.
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