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Enhancing Disability Rights: International Norms and Domestic Priorities

Explore international human rights norms and major campaigns for disability rights reform. Learn about legal capacity, torture prevention, and future directions for Member States. Understand how to align with the CRPD and implement structural and programmatic changes. Discover key reform priorities and successful strategies for promoting disability rights.

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Enhancing Disability Rights: International Norms and Domestic Priorities

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  1. Dr. Eilionóir Flynn, Senior Research Fellow, Centre for Disability Law and Policy, National University of Ireland Galway The Rights of Persons with Disabilities: international norms, domestic contexts and major campaigns

  2. Overview • International human rights norms: sources and substance (UN, Council of Europe, EU) • Factual situation encountered in Council of Europe Member States: some key issues • Major international campaigns for reform: legal capacity, torture, institutionalisation, indicators of human rights • Future directions and new opportunities for Member States: National Disability Strategies

  3. International Norms: CRPD • Covers all rights: civil, political, economic, social cultural • Consolidates all existing IHRL and applies to a disability context • Use in European human rights structures e.g. in interpreting ECHR

  4. Key Shifts in Thinking • Disability as a health/social policy issue  disability as a human rights issue • Law and policy made for people with disabilities  made with/by disabled people • Substitute decision-making  supported decision-making (public and private?) • Dependence on state  interdependence, facilitate independence

  5. CoE Human Rights Norms LEGAL NORMS POLICY COMMITMENTS Council of Europe Disability Action Plan 2006-2015 (15 action lines, cross-cutting issues and coordination via CAHPAH) • European Convention on Human Rights (application to disability and interpretation using CRPD) • European Social Charter (significance of socio-economic rights in disability context)

  6. EU Human Rights Norms LEGAL NORMS POLICY COMMITMENTS European Union Disability Strategy 2010-2020 (and implementation via High Level Group on Disability) Code of Conduct for Implementing CRPD between Council, MS and Commission • Charter of Fundamental Rights • Framework Directive 78/2000 • CRPD (as State Party which has ratified)

  7. Council of Europe Member States • Factual situation at grassroots level – preparing for ratification, or post-ratification implementation of CRPD • Aligning with commitments in EU and Council of Europe legislation and policy, as well as national priorities, resource constraints, etc. • Prioritise key issues which will lead to law and policy reform, structural/procedural reform, and programmatic change

  8. Law and Policy Reform Priorities • Legal Capacity – Article 12, CRPD • Repeal of archaic guardianship laws • Introduction of mechanisms for supported decision-making (e.g. starting in contract law) • Innovating: continuum of support (information  advocacy  supported decision-making)

  9. Structural/Procedural Reform • Focal point(s) within government (Art 33.1) • Co-ordinating mechanism between focal points (Art 33.1) • Monitoring framework, with one or more independent mechanism(s) (Art 33.2) • Active civil society involvement in monitoring • Information collection (statistical and research data) to implement Convention (Art 31)

  10. Programmatic Change • Changing the way supports are provided to people with disabilities • Reviewing current funding/spending on services to make sure resources are going to the types of supports which bring about the change envisaged in Convention • Introduce personalised supports (e.g. individual budgets, direct payments) and supports for independent/community living

  11. Campaign 1: Legal Capacity • MDAC Campaign to Change Guardianship • Campaigns in MS to reform legal capacity (e.g. Ireland, N. Ireland) • Committee on Rights of Persons with Disabilities seek submissions on Article 12

  12. Campaign 2: Torture, Inhuman, Degrading Treatment • MDRI report on Judge Rotenberg Center • UN Special Rapporteur on Torture • Guardian Newspaper Expose • CoE Commissioner for Human Rights statement

  13. Campaign 3: Deprivation of Liberty • ENIL/ECCL Free Our People Now! • Desegregation, deinstitutionalisation • Genuine community living, not ‘mini’ institutions • Barriers to community living explored e.g. hate crime

  14. Campaign 4: Human Rights Indicators • Article 31 – data and statistics • Need to measure impact of CRPD on people with disabilities • UN Secretariat to Human Rights Treaty Bodies • FRA and ANED work

  15. Future Directions • Vehicles to embed CRPD dynamic of change at domestic level (NDS) • More opportunities for member states sharing best practice and learning (CAHPAH, HLGD, Conference of States Parties) • Focus on aligning international and domestic priorities through NDS to showcase progress in implementing human rights norms

  16. 10 Success Factors for NDS • Renew the commitment • Connect national to international • Enhance transparency • Broaden participation • Draft detailed implementation plan • Independent monitoring • Tools to measure progress • Mainstream disability equality • Broaden the frame • Ensure sustainability

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