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Noelin Fox Centre for Disability Law and Policy. NUI Galway

Independent Living In International Human Rights Law and its Minimum Core Obligations International Conference: Contemporary Housing Issues in a Changing Europe NUI Galway April 2012. Noelin Fox Centre for Disability Law and Policy. NUI Galway. Introduction.

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Noelin Fox Centre for Disability Law and Policy. NUI Galway

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  1. Independent Living In International Human Rights Law and its Minimum Core ObligationsInternational Conference: Contemporary Housing Issues in a Changing EuropeNUI Galway April 2012 Noelin Fox Centre for Disability Law and Policy. NUI Galway

  2. Introduction • The nature of State obligations in implementing human rights • Core elements of the IL right in mainstream human rights instruments • Link between IL and other CRPD articles • Proposed minimum core obligations of the right to IL and community inclusion

  3. Nature of state obligations • Immediate implementation – civil and political rights • Progressive realisation – socio-economic rights • Minimum core obligations of socio economic rights

  4. Locating Article 19 in Generic Human Rights Law • Core elements of Right to IL: Self determination, Access and Participation, Housing rights, Support • Reflection in International Bill of Human Rights • General Comments on Non-discrimination Adequate Housing People with Disabilities Social Security

  5. Locating Article 19 in Generic Human Rights Law • Right to Adequate Standard of Living and Adequate Housing • Right to Social Security • Liberty of Movement and Choice of Residence • Non-discrimination and equality

  6. Article 19 and other CRPD Articles • IL as a core driver for all CRPD articles • Legal capacity and IL (Article 12) • Accessibility (Article 9) and Universal Design (Article 4(f)) • Adequate standard of living and Social Protection • Equality and Non-Discrimination (Articles 2 & 4)

  7. Minimum Core Obligations of Article 19? • Anti-discrimination legislation • Legal capacity legislation • Ensure equal security of tenure- particular attention to pwd in residential care settings • Closure of institutions and progressive development of community alternatives including standards for in-home support • Provision of Individualised & portable support funding

  8. Minimum Core Obligations of Article 19? • Disentangle housing and support assessment and provision • Income support to take account of disability-related needs • Auditing of public services for accessibility and responsiveness • Independent advocacy for pwd • National progressive plans for accessibility of transport, housing and infrastructure

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