The United Nations Convention on the Rights of People with Disabilities What Does It Mean for You?

Equality and Human Rights Commission Guidance

The United Nations Convention on the Rights of People with Disabilities What does it mean for you?

A guide for disabled people and disabled people’s organisations

www.equalityhumanrights.com

Contents

Foreword 2

What this guide covers 3

Part 1 Introducing the United Nations Convention on the Rights of People with Disabilities 5

Part 2 Know your rights 14

Part 3 Making rights a reality 34

Part 4 Further information and resources 51

Contacts 57

1 UN Convention on the Rights of People with Disabilities

Foreword

If you are a disabled person the United Nations Convention on the Rights of People with Disabilities (the Convention) is for you.

The Commission’s role is to ensure Britain The Convention is a new international makes rapid progress towards making human rights agreement that: the Convention rights a reality for disabled people. Recognises that we are all equal. Disabled people have the same rights as everyone else to freedom, We have produced this guide so that respect, equality and dignity. you can ﬁnd out:

Brings together all our basic human What your human rights are and rights in one place. how they are protected. Describes what government has What difference the Convention agreed to do to make these rights could make to your life. real. How you can be involved in putting the Convention into practice. The Convention was created because How you can use the Convention to often our human rights are not respected challenge injustice and improve and we face many barriers to inclusion services. in society.

The Convention is not just a paper This guide is for people living in England, ‘declaration’ without any teeth. It requires Wales and Scotland. We hope you ﬁnd it government to take action to remove useful. The Equality Commission for barriers and give disabled people real Northern Ireland and the Northern freedom, dignity and equality. We can use Ireland Human Rights Commission it in lots of different ways to make sure our have produced a separate guide which rights are respected and to get a better deal. explains how the Convention will work in Northern Ireland. The Equality and Human Rights Commission is working hard to raise Mike Smith awareness of the Convention among Commissioner and Chair of the disabled people, legal advisers and Disability Committee, Equality and public bodies. Human Rights Commission.

2 www.equalityhumanrights.com

What this guide covers

Part 1: Introducing the United Nations Convention on the Rights of People with Disabilities

This Part explains what the Convention is, and what it means for you. It describes the obligations of the government, and the role of the Equality and Human Rights Commission and the Scottish Human Rights Commission in the implementation of the Convention. It also explains how the Convention works in relation to the Human Rights Act and disability discrimination legislation including the Equality Duty.

Part 2: Know your rights

This Part sets out the key principles of the Convention, what each right says and what it means, with examples.

Part 3: Making rights a reality

This Part shows you how to make the Convention work for you. It explains how disabled people and disabled people’s organisations can get involved in the monitoring and implementation of the Convention, and how you can use it to bring about change at local and national level. It also sets out how you can use the Convention to make a complaint.

Part 4: Further information and resources

There are many places where you can get help or ﬁnd more information and as the Convention becomes more a part of everyday life all over the world more resources will become available. This Part lists some of the key resources where you can ﬁnd help.

3 4 www.equalityhumanrights.com

Part 1 Introducing the United Nations Convention on the Rights of People with Disabilities

This Part gives you an introduction to the Convention. It covers:

What is the United Nations Convention What role do disabled people and on the Rights of People with their organisations have? Disabilities? The role of the United Nations. Why did this Convention come about?

Why is the Convention important for What is the United Nations disabled people in Britain? Convention on the Rights of Who has rights under the Convention? People with Disabilities? What obligations does the Convention The United Nations Convention on the put on the government? Rights of People with Disabilities is a new Reservations. international agreement about protecting How does the Convention relate to and promoting the human rights of domestic legislation, in particular disabled people throughout the world. the Human Rights Act and the Equality Duty? In this guide we use the term ‘Convention’ for short. There are other Conventions, Whose job is it to implement the for example the European Convention on Convention? Human Rights and the United Nations What role do the Equality and Human Convention on the Rights of the Child. If Rights Commission and the Scottish we talk about a Convention other than the Human Rights Commission have? United Nations Convention on the Rights of People with Disabilities, we will use its full name.

5 UN Convention on the Rights of People with Disabilities

Human rights are a set of basic convention. Many disabled people and rights and freedoms that everyone their organisations across the world were is entitled to, regardless of who they involved in agreeing its contents. are. They are about how the State must treat you. They recognise that Like everyone else in the world, disabled everyone is of equal value, has the people’s human rights have been right to make their own decisions enshrined in the Universal Declaration of and should be treated with fairness, Human Rights since 1948. To that end the dignity and respect. Human rights Convention does not give disabled people have been written down in ‘new’ human rights. However, it was international agreements such recognised that action needed to be taken as the Universal Declaration of to ensure rights on paper become rights in Human Rights (1948) and the everyday reality. Too many obstacles still European Convention on Human lead to disabled people’s human rights Rights (1950). being abused or neglected.

The Convention describes the steps which The aim of a disability convention was to governments must take to make sure set out the steps which every country in disabled people enjoy their human rights to: the world should take to remove these obstacles. Many countries – including equality before the law without the UK – agreed that there should be a discrimination specific Convention to drive forward real make their own decisions dignity, equality and inclusion for disabled people. have their family life respected freedom from exploitation, violence The text of the Convention was agreed and abuse at the United Nations (UN) in December 2006. The UK signed the Convention an inclusive education on 30 March 2007 and ratified it on a decent standard of living 8 June 2009. support to participate in society and live in the community When a country ‘signs’ the Convention it means it agrees with accessible physical environments and what the Convention says about information human rights for disabled people. These rights and others not listed here are contained in ‘Articles’. We explain what When a country ‘ratifies’ the the rights mean in Part 2. Convention it agrees to do what the Convention says and make changes to ensure that the rights Why did this Convention in the Convention are respected come about? in practice.

Disabled people campaigned for over 20 years to get their own human rights

6 www.equalityhumanrights.com

Why is the Convention failure to respect human rights important for disabled people and to work towards disability in Britain? equality. 7. It can be used by disabled people 1. The government will be held to and their organisations as a account by means of reports on its framework to negotiate and performance in promoting disabled influence national and local people’s rights by the UN Disability matters – for example when a local Committee. authority is proposing to withdraw 2. It should give disabled people a essential social support services which stronger say in the policies that will affect disabled people’s rights to affect their lives. Government is live independently. expected to involve disabled people in 8. It should help promote positive the plans to implement the Convention attitudes towards disabled people when it is making new laws and policies as the government has an obligation which affect disabled people, and when to raise awareness and foster respect it is writing reports for the UN on how for the rights and dignity of disabled the UK is meeting its obligations under persons, to tackle prejudice and abuse the Convention. against disabled people, and to promote 3. It sets new standards on how awareness of what disabled people can government and public bodies contribute to society. should ensure that disabled people’s human rights should be protected and promoted. This is the ﬁrst human rights agreement that talks in detail about things like an inclusive education or the right to live where you want to. 4. It puts wide-ranging responsibilities on government to take practical action to strengthen disabled people’s control over their own lives and full participation in society. 5. It could lead to stronger and fuller protection against disability discrimination. Government may need to take action to close gaps in UK law on disability discrimination. 6. It can be used to interpret the Human Rights Act and, alongside the Equality Duty, to challenge

7 UN Convention on the Rights of People with Disabilities

Case Study: The difference a Convention makes

The Children’s Rights Convention in Wales

In 2004, the Welsh Assembly For example, the Welsh Assembly Government adopted the United Nations Government: Convention on the Rights of the Child as the basis for all their policies and was the ﬁrst government in the UK programmes for children in Wales. to appoint a Children’s Rights The seven core aims the Welsh assembly Commissioner to act as a champion Government has set for children all stem for children’s rights from the UN Convention on the Rights set up Funky Dragon – the children of the Child. They cover issues like the and young people’s Assembly passed best education and training possible, a law requiring every school to have a good physical and mental health and school council so that pupils can have the right for children to have their views a real say in their education and how listened to. their school is run

The Welsh Minister for Children chairs publishes a Children and Young a Cabinet sub-committee whose job is People’s Wellbeing Monitor which to ensure the Convention is put into measures progress on tackling child practice. poverty and children’s enjoyment of their Convention rights, and The Welsh Assembly Government’s works hard to get the message across commitment to the Children’s Rights to parents and carers that hitting Convention is delivering real beneﬁts for children is wrong and infringes children and young people. their human rights.

Who’s rights are recognised by disability’ includes people with long-term the Convention? impairments. However, it could also cover people with short-term disabilities. There are The Convention is about the human rights of around 11 million disabled people in Britain disabled people. That can be a person who who have rights under the Convention. has an impairment, illness, injury or health condition and who may face barriers to being The Convention is based on the ‘social included in society. It includes Deaf people, model’ of disability. It recognises that people with learning disabilities, people with people with impairments are excluded by sensory impairments, people with physical barriers created by society, and so are impairments, people with mental health disabled by inaccessible services, barriers conditions, people with autism, people with in the built environment or prejudice and epilepsy and people who are HIV positive. stigma. It also recognises that these barriers The Convention says that ‘a person with a change over time for the individual.

8 www.equalityhumanrights.com

What obligations does the gather information and statistics about Convention place on the the position of disabled people in government? society so it can track progress and develop better policies. When a government has ratiﬁed the Convention it commits to taking practical The Convention places obligations on action to make rights real. It should: the ‘State Party’: for Britain this is the UK Government. However, protecting and take steps so that disabled people can promoting many of the rights under the enjoy all their rights – for example Convention depends on action by regional making sure that disabled people have and local authorities and other national full protection against all forms of bodies. Therefore, the UK Government discrimination – including taking should take steps to ensure these action against failure to make authorities (for example local health reasonable adjustments boards, local councils, inspectorates, police) are doing what is necessary to look at existing laws and say what implement the Convention. The Scottish changes need to be made Government and the Welsh Assembly abolish laws and practices that Government will need to ensure such discriminate against disabled people actions are taken in Scotland and Wales pass new laws and make new policies in areas where responsibility for delivering where necessary legislation, services or participation has been devolved. take account of disabled people’s human rights in everything it does If the government fails to take these (people often call this ‘mainstreaming’ steps, then it may be in breach of the – thinking at the beginning of a process Convention. In Part 3 we explain how about making sure that disabled people you can deal with this, and also how are not excluded) you can use the Convention in relation to avoid doing anything that infringes other public bodies and anyone delivering disabled people’s Convention rights public services on their behalf. ensure that professionals who work It is worth noting that the Convention has with disabled people have training to different types of rights. Some rights give understand how to respect their rights the government flexibility, others do not. ensure that the private sector and For example, taking somebody’s life or individuals respect the rights of torturing a person is never allowed. disabled people Other rights can be restricted in some promote accessibility including the situations which must be set out in law, development of standards for example people have the right to liberty, but they can be sent to prison ensure international development because of an offence written in the law. programmes address disability issues and include disabled people, as well as working with other international bodies

9 UN Convention on the Rights of People with Disabilities

Many of the rights in the Convention The reservations and the interpretative require the government to take proactive declaration are discussed in Part 2, under steps. However, the Convention recognises the right to make your own decisions that many countries may not be able to (Article 12), liberty of movement and take steps to make some of the rights nationality (Article 18), right to education real for all disabled people immediately. (Article 24), and right to work (Article 27). The government should still try to do everything in its power and use all The Equality and Human Rights available resources to make sure disabled Commission, the Scottish Human Rights people enjoy their human rights as Commission, the Equality Commission for quickly as possible. This is often called Northern Ireland and the Northern Ireland ‘progressive realisation’. The UN is likely Human Rights Commission believe the to expect a relatively wealthy country like reservations and declaration made by the Britain, which has already got many of the UK Government are either unnecessary basics in place, to be doing better than a or invalid and should be withdrawn. developing country.

While governments are working on How does the Convention improvements to rights they should still: relate to our domestic laws, in particular the Human Rights avoid taking steps which deny disabled Act and the Equality Duty? people their enjoyment of human rights, and The UK Government needs to make sure that the laws we have at home meet the ensure everyone has the minimum Convention’s requirements. If not, then essential level of support they need in it should change the laws. There are a terms of food and shelter, and basic number of ways that you can hold the levels of health care and education. government to account if our laws Part 3 explains how you can use the or their implementation don’t meet the Convention. requirements of the Convention. You can ﬁnd out more about this in Part 3.

Reservations If a disabled person believes that their rights under the Convention have been When the UK Government ratiﬁed the breached, then they cannot take the Convention, it made reservations against a government or any other public body to number of Articles and one interpretative a court, as the Convention is not directly declaration. A reservation is a statement part of our domestic law. However, the that says that the government will not Convention can play an important (yet) take steps on a certain issue. An supporting role when cases are taken interpretative declaration sets out the to court about the Human Rights Act, government’s understanding of what a disability discrimination legislation and, particular Article means and agrees to in particular, the Equality Duty. ratify it on condition that it is interpreted in this way.

10 www.equalityhumanrights.com

The Human Rights Act is a law passed the Human Rights Act, courts should take in the UK in 1998 that says public account of international law as well as authorities must respect the human rights decisions of the European Court of Human of everyone in Britain and Northern Rights. In 2009, the European Court of Ireland. The rights it protects are based Human Rights referred to the Convention on an agreement called the European in a decision about whether disabled Convention on Human Rights. That people were treated unfairly. The full agreement includes some of the same name of this case is Glor v Switzerland rights as the disability Convention, for (Application no. 13444/04, judgment on example the right to life and the right 30 April 2009).(1) to a fair trial. However, the disability Convention also includes a broader range Disability discrimination law says of rights, in particular rights that cover that disabled people should be free from social, cultural and economic issues such as discrimination and harassment and that the right to housing and the right to work. employers, educational establishments and service providers in Britain must make The disability Convention sets out in more reasonable adjustments to ensure disabled detail the steps that the government must people can access their services and fully put in place to ensure disabled people’s participate. The Convention could be used human rights are protected and promoted. to interpret some concepts, for example For example, Article 8 of the Human it could help interpret what is meant by Rights Act protects people’s right to ‘reasonable adjustment’ in cases which private and family life, including the right would reinforce their purpose as being to to take decisions about their own lives and remove barriers towards full participation. to participate in the community. Article 19 of the disability Convention sets out some Equality legislation also places a duty on of the steps which government must take public authorities to promote disability to ensure that disabled people enjoy this equality in everything they do. This guide right, for example by ensuring disabled was written in May 2010. This duty is people have an equal choice to decide called the Disability Equality Duty (from where and with whom they live and that the 1995 Disability Discrimination Act as they have the support needed to live amended). Soon it will be the Public independently in the community. Sector Equality Duty (from the 2010 Equality Act) which will also cover Now, when public authorities are thinking equality in relation to age, sexual about how they support human rights orientation, sex, race, religion and belief, they should also look at the Convention. pregnancy and maternity, and gender While you can’t bring a case directly in reassignment. We think it will be the the UK courts under the Convention, Public Sector Equality Duty from April the disability Convention can be used as 2011 although government has yet to an interpretative tool in relation to the decide the exact date. If you’re not sure Human Rights Act. When interpreting contact the Equality and Human Rights

1 For an unofﬁcial translation into English, go to:http://www.mdac.info/images/page_image/Glor_v_Switzerland_en.doc 11 UN Convention on the Rights of People with Disabilities

Commission to ﬁnd out. In this guide we that this happens. The Ofﬁce for call it the ‘Equality Duty’. Disability Issues (ODI) is currently the focal point and co-ordinating If public authorities are not meeting their mechanism within the UK Government. Equality Duty, then the Equality and It will co-ordinate action across different Human Rights Commission can take government departments in the UK legal steps to make sure they do so, or and the devolved administrations to disabled people can challenge them in implement the Convention. court (through something called ‘judicial review’). Public authorities will be helped Because Scotland and Wales decide many in meeting their Equality Duty if they use of their own laws and policies (this is the standards set out in the Convention. called ‘devolved matters’ – for example on health, social care and education), The disability Convention can also be the Scottish Government and the Welsh used as an interpretative tool in relation Assembly Government will be working to disability discrimination legal cases. on their own plans to implement the Convention in those areas. The ODI There are many other laws in Britain that will work closely with the devolved already support disabled people’s human governments in Scotland and Wales. rights, for example the Chronically Sick and Disabled Persons Act and the Mental Capacity Act. These laws, and the way What role do the Equality and public authorities implement them, Human Rights Commission now need to be measured against the and the Scottish Human requirements of the Convention. Rights Commission have?

The use of the Convention, together The Convention requires each government with the Human Rights Act and to put in place a framework to promote, equality legislation in advocacy and protect and monitor implementation legal cases, could help strengthen of the Convention. It prefers that this disabled people’s rights. framework includes one or more bodies, known as ‘national human rights institutions’, which can demonstrate Whose job is it to implement independence. The Equality and Human the Convention? Rights Commission and the Scottish Human Rights Commission are both The UK Government, in partnership national human rights institutions. with the devolved administrations of Scotland, Wales and Northern Ireland, Both commissions will monitor progress is responsible for ensuring that the being made by the governments of Britain Convention is implemented. in implementing the Convention and report on that progress to the UN. They The Convention requires each government will provide advice and information to to set up what is called a ‘focal point and a disabled people and to public authorities. co-ordinating mechanism’ to help ensure They will also mainstream the Convention

12 www.equalityhumanrights.com

into their work – for example when ‘shadow’ reports, through which disabled enforcing the law or influencing people and their organisations can set out government policy. their views on what the government is doing (or not) to respect, protect and promote the rights under the Convention. What role do disabled people Anyone can do this. There is information and their organisations have? on how to do these reports on page 41.

The Convention says that ‘civil society’ and disabled people and their organisations, The role of the United Nations in particular, must be closely involved in monitoring how well the Convention The UN has set up a committee of experts is being put into practice. When on disability rights to monitor what each governments are monitoring progress country that has ratiﬁed the Convention is they must ensure disabled people play a doing to put it into practice. Its actual title full part in that process. is the ‘Committee on the Rights of Persons with Disabilities’ but in this guide we will ‘Civil society’ means individuals and refer to it as the UN Disability Committee. organisations that are not part of In 2010 it had 12 members of whom nine government. This includes: were disabled people.

those people directly affected by human The UN Disability Committee: rights violations voluntary organisations which work can make General Recommendations/ with them including Centres for General Comments that say how certain Independent Living, self-advocacy rights in the Convention should be groups, access groups, local disability interpreted, for example what steps associations they would expect States Parties to take other voluntary organisations such as monitors the compliance of a State faith groups, youth groups, older people’s Party with the Convention, and can groups, women’s groups and groups for make recommendations about what lesbians, gay and bisexual people more the government should do to deliver disabled people’s human rights. parents of disabled children and The UK Government has to submit its families of disabled people ﬁrst report to the UN Disability human rights organisations Committee in June 2011. trade unions, and Some of the UN Disability Committee’s professional groups. powers come from a second agreement connected with the Convention called the Disability groups should use the Convention ‘Optional Protocol’. The UK Government as a negotiation tool, for advocacy, and to has also ratiﬁed this. inform your arguments in legal cases. A powerful way to influence the monitoring You can read more about the UN and implementation process is to write Disability Committee’s work in Part 3.

13 UN Convention on the Rights of People with Disabilities

Part 2 Know your rights

This Part tells you about: Key principles the government should adopt and use for their policies and practices Your rights under the Convention • what does it say? • examples of how you might use it.

If you think that your human rights have discrimination) and some overlapping, been breached or you think that a public for example Articles 15 (about freedom body, for example your council, health from torture and degrading treatment) service or government, should do more to and 16 (about exploitation and abuse). protect your rights, then you should think about all the rights that may apply to your situation. Often it is the case that more Key principles the government than one right applies. should adopt and use for their policies and practices Because the Convention is still new, it has not yet been used much in practice. That The Convention sets out some key is why we cannot give real-life examples. principles which governments and public As the Convention gets used more often, bodies must take into account when they we will ﬁnd out more about what it means are carrying out their work. Generally, in practice. We have used examples where public authorities should follow these possible to help explain what each Article principles. They should also identify what could mean in practice. Some of the they can do to positively promote them. Articles of the Convention include more These principles are: detailed actions for governments to take or include more complex issues. We have Respect. Every person is of equal worth therefore included more explanation and and deserves to be treated with dignity examples for some of the Articles. and respect. Disabled people have the right to choose how to live their own You will see that some Convention articles lives and the freedom to make their own are very broad, for example Article 5 choices. These rights must be respected. (which is about equality and non-

14 www.equalityhumanrights.com

Non-discrimination. Disabled people Equality of opportunity. Taking positive must never be treated worse than action to ensure barriers are removed. others, excluded from or denied access Accessibility. Ensuring disabled people to services, education, work or social can access buildings, housing, services, life on the basis of their disability. information, leisure (and other areas Participation and inclusion. Disabled listed in the Convention) on an equal people’s full and effective participation basis to non-disabled people. and inclusion in society must be Equality between men and women. supported. Respect for disabled children as they Respect for difference and acceptance grow up. of disabled people as part of human diversity and humanity.

Rights under the UN Convention on the Rights of People with Disabilities

Article 5 Equality and non-discrimination Article 6 Women with disabilities Article 7 Children with disabilities Article 8 Awareness-raising Article 9 Accessibility Article 10 Right to life Article 11 Situations of risk and humanitarian emergencies Article 12 Equal recognition before the law Article 13 Access to justice Article 14 Liberty and security of person Article 15 Freedom from torture or cruel, inhuman or degrading treatment or punishment Article 16 Freedom from exploitation, violence and abuse Article 17 Protecting the integrity of the person Article 18 Liberty of movement and nationality Article 19 Living independently and being included in the community Article 20 Personal mobility Article 21 Freedom of expression and opinion, and access to information Article 22 Respect for privacy Article 23 Respect for home and the family Article 24 Education Article 25 Health Article 26 Habilitation and rehabilitation Article 27 Work and employment Article 28 Adequate standard of living and social protection Article 29 Participation in political and public life Article 30 Participation in cultural life, recreation, leisure and sport

15 UN Convention on the Rights of People with Disabilities

Equality and non-discrimination stricter definition of who is a disabled Article 5 says: person, whilst the Convention might also protect people, for example, with a one-off Everyone is equal before the law. but severe mental health condition lasting Governments should outlaw all forms of less than 12 months. discrimination on the basis of disability Often you can use this right together with and ensure effective protection against other rights in the Convention as in the disability discrimination. example below concerning Article 30 which Governments should ensure that sets out the right to take part in leisure. reasonable accommodation is made for disabled people. Example: Equality and Specific measures are often needed to create equality for disabled people participation in leisure in practice and are permitted under A local authority decides to close a the Convention. car park which gives easy access to a beach, resulting in visitors having What does this mean? to park further away, and to use an alternative route which is steep. Our existing disability discrimination law This means that people with mobility gives disabled people protection against impairments and their family/friends most forms of discrimination. It also gives cannot go to that beach anymore. disabled people rights to reasonable This is a regressive step and also it adjustments, and it allows employers and puts disabled people at a disadvantage service providers to treat disabled people in comparison with other people. more favourably than non-disabled people Disabled people could highlight (for example reserving parking bays Articles 5 and 30 in their discussions outside an office for disabled employees) with, or a case against, the local since this is often necessary to deliver authority in such a situation. equality in practice. The Human Rights Act also provides important protection against discrimination in the enjoyment Protection for specific groups of the rights it sets out, such as not to be of disabled people discriminated in the way the right to Disabled women respect for family life is protected. Article 6 says: However the Convention is broader Governments should recognise that than current British discrimination law. disabled women and girls face multiple For example, in British law, volunteers discrimination (worse treatment have little protection. Travel by air and because of their gender and their across water is also not fully covered impairment). nor do manufacturers have enforceable duties to make their products accessible. Also, disability discrimination law has a

16 www.equalityhumanrights.com

Governments should ensure disabled What does this mean? women can enjoy their human rights in full and should do everything possible This makes it clear that disabled children to empower disabled women. also have full human rights, and that governments should take proactive steps so that disabled children can enjoy their What does this mean? human rights and reach their full potential in education and in the community. This means that governments must take steps speciﬁcally related to disabled It also says that governments should take women – not just think about ‘women’ account of the age of the child in their as a group, and ‘disabled people’ as right to express their views. another group. There is another important international This helps you to highlight issues that convention for disabled children in Britain affect disabled women in particular, and – the Convention on the Rights of the get the government to address these Child (CRC). issues. For example, disabled women are twice as likely to be the victims of domestic violence, and often have Example: Age of the child limited access to support services. A housing authority is assessing the There is another important international needs of a family with a disabled child convention for disabled women – the for a bigger house. The disabled child Convention on the Elimination of all would like to have their own bedroom, Forms of Discrimination Against and not to have to share with their Women (CEDAW). sibling. If the child is 6 years old then this view will carry less weight than if the child was 13 years old – although Disabled children the housing authority should always Article 7 says: act in the best interest of the child. Therefore if there are disability related Governments should do everything reasons why the 6 year old child should necessary to ensure disabled children have their own bedroom then the enjoy their human rights on the same housing authority should also take basis as non-disabled children. account of those reasons. Decisions about disabled children must be in their best interests. What about other groups of Governments should ensure that; disabled people?

disabled children are supported to The Convention speciﬁcally protects express their views, and disabled women and disabled children. disabled children’s views are listened However the Convention also talks about to and taken seriously. how governments must recognise the diversity among disabled people.

17 UN Convention on the Rights of People with Disabilities

These steps include – but are not limited Example: How the to – public awareness campaigns, building Convention could be positive attitudes into education, influencing used to protect disabled the portrayal of disabled people in the people who also belong media, and promoting disability equality to another group training, including awareness of the legal rights of disabled people. A Gypsy family includes an older woman with severe learning disabilities. She has little sense of danger and often What does this mean? runs away. The family’s mobile home is Disabled people can enjoy full human in a ﬁeld, away from roads. However, rights only if society changes its attitude the council says that they do not have towards, and its expectations of, disabled permission to have their mobile home people. This won’t happen by itself. in the ﬁeld, and they have to move to a Article 8 highlights four important steps car park which is next to a busy road. that governments and other public bodies This is a dangerous situation for the should take to bring about a culture older woman. In their discussions change, including the need to promote with, or a case against, the council the disability equality training. Gypsy family could use the right to life (Article 10), freedom to choose their You can use this Article to promote residence (Article 18), and respect for disability equality training for policy- home and the family (Article 23) in the makers and decision-makers (local and Convention to argue that the council national) so that they know how to should provide an alternative solution respect, protect and promote the human which takes account of the needs of the rights of disabled people so that disabled older woman and the Gypsy family. people can reach their potential in society and that their contributions are valued.

Awareness-raising Article 8 says:

Governments should take immediate, effective and appropriate steps to; raise awareness throughout society, including at family level, and to encourage respect towards disabled people eliminate prejudice and abuse against disabled people raise awareness of the value of the contribution disabled people make to society.

18 www.equalityhumanrights.com

support access to public buildings Example: Need for and facilities awareness-training promote accessible information about disabled people and access to Information and and their rights Communication Technology (for example computers and the It is very important that doctors and internet) for disabled people other medical professionals are aware promote inclusive design for new of disabled people’s rights under the information and communication Convention. For example, if they place technologies so that, from the start, a ‘Do Not Resuscitate’ order on these are designed to be accessible to, disabled people’s medical records and easy to use for, disabled people. without their consent, this may breach their right to life. Also, doctors should not make assumptions about the What does this mean? quality of life of disabled people. Disabled people can use this Article to measure whether the government and Accessibility public bodies are doing enough to ensure Article 9 says: accessibility of the environment. For example, if a local authority is writing To enable disabled people to live a Local Development Framework, then independently and take part in all areas they should include an accessibility of life government should take action statement which underpins the rules to ensure accessibility, equal to that of for new buildings, businesses, and the non-disabled people. This includes transport network. This statement could taking action in relation to the built reflect the rights set out in the Convention. environment, transport, public services or facilities, housing, as well as Right to life information and communication Article 10 says: services, and emergency services. Governments should take steps to; Every human being has the right to life. develop and monitor minimum Governments must do everything access standards and guidelines for necessary to ensure disabled people public services and facilities enjoy this right on an equal basis with other people. ensure that the private sector makes services to members of the public accessible What does this mean? provide accessibility training This means that the State must not take away anyone’s life, and government must ensure signs in public buildings are take reasonable steps to protect your life. in easy read and Braille For example there should be adequate ensure more assistance and sign laws in place to protect you from others language interpreters are available to who might try to take away your life.

19 UN Convention on the Rights of People with Disabilities

There have been legal cases about ‘Right of volcanic ash, governments should work to Life’ under Article 2 of the European together to make sure that disabled people Convention on Human Rights. The right are not put at risk, for example if they to life only applies once people are born. need access to medicine, then they should Authorities must protect life where they make every effort to provide this. know, or ought to know, of immediate risk to life from oneself or from another (for Governments and public bodies example, a stalker). Doctors must provide should also think about accessible life-prolonging treatment, such as water communications around emergencies. and artiﬁcial feeding, if a terminally ill For example, it would not be good enough patient with capacity to make this decision to set up a helpline where people can asks for it. Also, if a disabled person dies ask for information or help which is not an unnatural death whilst living under the accessible for groups of disabled people, care of the State, for example by committing including Deaf people and people with suicide in prison or a mental health speech impairments. institution, an investigation must be carried out.

Situations of risk and Equal recognition before the law humanitarian emergencies Article 12 says: Article 11 says: Disabled people have the right to equal Governments must take all necessary recognition as people before the law. steps to make sure that disabled people Disabled people have the right to make are protected and safe in situations their own decisions in all areas of life, of risk – such as war, famine and on the same basis as other people. natural disasters. Governments should provide access to support that might be needed by What does this mean? disabled people in making their own decisions. When governments and public bodies are planning for emergencies, then they If decisions are made that relate to a should think about safety for disabled person’s capacity to understand, then people. Also, when there is an emergency, there must be safeguards against abuse: then they should take steps to make sure your rights and choices must be that disabled people are safe. respected, and someone else should only be speaking for you to the extent For example, Local Strategic Partnerships that it is necessary and for as long as is in places that are at higher risk of flooding appropriate. There should be a regular should identify risk factors for disabled and independent review of the steps people (residents and visitors) and make taken to make sure that there is no plans to address the risks. conflict of interest and that the disabled person’s rights and interests are In a case of an unexpected emergency, for properly respected. example flights being grounded because

20 www.equalityhumanrights.com

Government must do everything they When the UK ratified the can to ensure disabled people can own Convention it made a ‘reservation’ and inherit property like anyone else, to this Article. This was to be clear manage their own money and access that there is not yet a system in place bank loans and mortgages. for regular review of whether appointees (people who are given the right to deal with benefits on behalf of a disabled What does this mean? person) should continue in that role. This means that disabled people cannot be denied the right to make their own decisions. If they need help to make Access to justice decisions, then this should be given. Article 13 says: It also says that disabled people should Disabled people must have the same be financially independent and have rights to go to court, take other people access to financial services. to court, act as witnesses and take part in what happens in courts as anyone else. Disabled people must be given support Example: Equal to do this which may include the recognition before provision of sign language. the law There should be appropriate training for courts, police and prison staff to If your council gives you Direct support this right. Payment, but they say that the bank account must be looked after by another person or group (for What does this mean? example, Independent Living Service), then you can use this Article to Current disability discrimination law demand that the council explains why places a duty on courts to treat disabled they think this would be necessary. people fairly and give them extra help to You could use this Article together take part on an equal basis. For example, with the Mental Capacity Act to if a court user has a visual impairment challenge their reasons if you do then the court should send out not agree with the council. information in an accessible format. Or if a person with autism needs to visit the court in advance, so that they don’t get worried when the actual court case If you have someone else to speak for takes place, then the court should you in certain situations (for example, organise this. financial matters), then the government must make sure that the person It also means that sometimes the speaking on your behalf cannot abuse government should give extra help their position. to disabled people to enable them to participate in the court, as claimant, defendant, witness or appropriate adult.

21 UN Convention on the Rights of People with Disabilities

This support could be, for example, disabled people are never deprived through ‘intermediaries’, legal aid or of their liberty just because they specialist services. are disabled disabled people are protected from There have been cases under Article 6 arbitrary detention. If a disabled of the Human Rights Act/European person is detained or deprived of Convention on Human Rights (the right their liberty they are provided with to a fair trial) which makes it clear that reasonable adjustments and defendants who use a language which is not measures are in place to safeguard English have the right to an interpreter. their other human rights (for example the right to a fair hearing, the right to In 2009, the court said that if a witness be free from degrading treatment). with a mental health condition is not given appropriate support but instead treated as an unreliable witness because What does this mean? of stereotyping or false assumptions, then this may amount to breach of right The right to liberty means you have a right to be free from degrading treatment.(2) not to be locked in a cell or a room, or have your movement restricted in any Anecdotal evidence shows that many other extreme way. It is not an absolute disabled people continue to find the court right. It can be limited in a very few system complicated, intimidating and specific circumstances, such as if you are expensive. That may be why few human rights cases are brought to court by disabled convicted of a crime which carries a prison people. The government should think about sentence. Governments can also pass laws how to better support disabled people. about putting people with severe mental health conditions in hospital for treatment The Equality and Human Rights as long as certain conditions are satisfied Commission can support some disabled and appropriate safeguards are in place. people with discrimination cases but cannot support everyone. There are a number of other organisations that can Freedom from torture or cruel, assist. These are listed in Part 4. inhuman or degrading treatment or punishment Article 15 says: Liberty and security of the person No one must be tortured or subject to Article 14 says: cruel, inhuman or degrading treatment. Governments must make sure that: Disabled people must never be subject to medical experiments they have not disabled people enjoy the same right freely agreed to be part of. to liberty and security as everyone else

2 The full name of this case is R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) [2009] EWHC 106 (Admin) [2009] WLR (D) 25 QBD. 22 www.equalityhumanrights.com

What does this mean? Freedom from exploitation, This right is about protecting human violence and abuse dignity. Article 16 says:

Inhuman treatment means Governments must do everything they treatment which causes severe can to: mental or physical harm. protect disabled people from all forms Degrading treatment means of exploitation, violence and abuse at treatment that is grossly home and in the community humiliating and undignified. prevent all forms of violence and abuse There are many situations where inhuman against disabled people ensure disabled or degrading treatment can occur and people know how to recognise and disabled people often find themselves in report violence and abuse. Governments situations of vulnerability, such as living must support the recovery of disabled in institutions or being reliant upon others people who have been victims of for intimate personal care, which place violence and abuse. This should be done in a way that supports people to regain them at greater risk. control over their lives In Britain, there are lots of systems in put in place strong laws to make sure place to protect disabled people against instances of violence and abuse against degrading or inhuman treatment. Public disabled people are identified, investigated and prosecuted. bodies have a duty to make sure you are not treated in an inhuman or degrading way by private care providers or indeed What does this mean? members of your own family. If public This Article sets out detailed steps of bodies find out about such treatment, or if how to prevent or address exploitation, they should have been aware, they have a violence and abuse. duty to act. In relation to health and social care, there are regulators in each country In Britain, nearly all forms of exploitation, violence and abuse count as crimes. in Britain which check whether health and Disabled people are four times more social care providers are treating service likely to be the victim of a crime than users in a dignified way. In England this other people and are twice as likely to is the Care Quality Commission, in Wales be the victim of a violent attack. Any crime the Care and Social Services Inspectorate involving disability hostility or prejudice Wales, and in Scotland the Scottish should be treated as a hate crime and Commission for the Regulation of Care. attract a stiffer sentence. Other inspectorates, for example, Her Britain has disability hate crime legislation Majesty’s Inspectorate of Prisons, also (separately for England, Wales and have a role. Scotland), but the Equality Duty also places a responsibility on public authorities under

23 UN Convention on the Rights of People with Disabilities

the Equality Act to take action to address bodies. People have the right to be the behaviour and attitudes of those who respected by others just as they are. carry out hate crime, as well as take steps so that disabled people can live in safety Sterilising a disabled person against their and security. will or without their knowledge, over- medicating residents in care homes or For example, the police should make sure forcing a disabled person into a marriage that disabled people can report hate crime could violate this right. incidents, for example by making police stations accessible, training police ofﬁcers, Liberty of movement and and raising awareness among disabled nationality people of their rights. Article 18 says: Article 16 says that there needs to be Governments must recognise that independent monitoring of facilities disabled people have equal rights to and programmes for disabled people. decide where they live and to move In Britain this role is usually carried between countries, and that they have out by inspectorates and regulators, for a nationality. They should do this example Her Majesty’s Inspectorate of through taking steps, including making Constabulary. sure that disabled people; Abuse can also happen in other places can obtain or change a nationality like schools. You could use this Article have papers, like passports to highlight the need to monitor the can leave any country including effectiveness of safeguarding systems their own in education for disabled children and disabled teachers. can enter their own country without discrimination on basis of disability. Disabled children have the right to a Protecting the integrity of the name from birth, a right to be a citizen person and if possible, the right to know and be Article 17 says: cared for by their parents.

Every disabled person has the same right as anyone else to respect for their What does this mean? physical and mental integrity. This means that disabled people should not be restricted to go to another country What does this mean? or to come back to their country of permanent residence. It could mean that This means that disabled people’s minds the government needs to take steps so that and bodies are their own. No one should airport security measures or passport ever treat a disabled person as less of a requirements do not discriminate against person or interfere with their minds and disabled persons.

24 www.equalityhumanrights.com

One of the fundamental principles Living independently and of European Community law is free being included in the movement of persons. If a disabled British community citizen moves to another country in the Article 19 says: European Community they should still be able to claim certain disability benefits. Disabled people have an equal right to live in and take part in the community. When it ratified the Convention the Disabled people have the right to the UK Government made a statement same choice and control as non- (a ‘reservation’) about immigration matters disabled people. which limits the impact of this Article and indeed the whole Convention, with respect Governments should do everything to immigration, in the UK. It means that they can to ensure disabled people the UK Government will continue to apply enjoy these rights. whatever immigration rules it thinks are Governments should ensure that; necessary (regardless of whether they disabled people have the right to would conflict with the Convention). choose where they live and who they The Equality and Human Rights live with – no disabled person should Commission believes that this reservation be unlawfully forced into a particular is incompatible with the object and living arrangement (for example be purpose of the Convention and should forced to live in a care home against not be permitted under Article 46 of their will) the Convention. disabled people have access to a wide range of support services (at home The UK made a similar reservation and in the community) including on immigration and citizenship to personal assistance to prevent the UN Convention on the Rights isolation and support inclusion of the Child. However, in 2008 disabled people can access the same the reservation was eventually community services as everyone else. withdrawn. This followed strong criticism in two reports by the United Nations Committee on the What does this mean? Rights of the Child, combined with campaigning by children’s rights This right makes clear that the aim of social organisations. Withdrawing the support services should be to enable genuine reservation gave vulnerable children and meaningful participation of disabled seeking asylum, those trafficked people in the community. When carrying into the UK and others subject to out assessments, social services should not immigration control, the same rights just look at the ability of disabled people to education, health and support to carry out daily living activities, such services as British children. as washing and getting dressed, but also whether disabled people need support to participate in the community.

25 UN Convention on the Rights of People with Disabilities

It could mean that government and local people can get around, in the way they authorities need to make it easier for want to – disabled people should be able disabled people to move to a different to decide for themselves what this might local area in England, Scotland or Wales – be. When planning for a transport for example through ensuring continuity infrastructure, public authorities should of care and support. think about how disabled people are affected, particularly those who rely on The steps that a government can take one type of transport. to enable independent living and full participation in the community are wide- You could use this Article to highlight the ranging and are also detailed in other need for public bodies to think about rights listed in the Convention. For affordable mobility aids. For example, example the right to be free from violence blind people often have to pay for a white (placing a responsibility on police to deal stick. Providers of mobility aids should with abuse in your local area) and the also think about the purpose of the right to participate in leisure. mobility aids. For example, a wheelchair centre should include in their assessment Personal mobility where the wheelchair user wants to go – Article 20 says: and what they like to do (for example, do they do sports; do they travel abroad). Government should do everything possible to ensure disabled people can get around as independently as possible, including by; Example 1: Personal ensuring people can travel when they mobility want at a price they can afford A local council provides transport for ensuring people have access to quality, people with learning disabilities affordable mobility aids including between their home and a day centre. new technology or help from other If one person or a group wants to visit people to help them get around a museum, then they still have to come providing mobility training to to the day centre ﬁrst, where transport disabled people and staff working will be provided to the museum, and with them back to the centre. However this means that there is not much time for the encouraging manufacturers of actual visit to the museum. The users mobility aids and technologies to of the day centre could use Article 20 think about all aspects of mobility (with Article 30 which is the right to for disabled persons. take part in culture) to say that the council should enable them to travel What does this mean? directly from their home to the museum – for example by giving It means that the government and public travel training. bodies should take steps so that disabled

26 www.equalityhumanrights.com

Freedom of expression and 20 of the 2010 Equality Act (reasonable opinion, and access to adjustment duty) includes a duty to make information information available in accessible formats. Article 21 says: However, this right makes it clear that Governments should take steps to the purpose should be full inclusion – ensure that disabled people can for example, disabled people should not express their views freely and access have to wait longer than other people for information on an equal basis to accessible information, or have to wait everyone else by doing things like; to access services because there is no interpreter. Public services should also providing disabled people with have to think about different ways for information in accessible formats people to get in touch with them – for and technologies at no extra cost example, not to exclusively rely on the and in a timely way telephone but also to use email, face-to- ensuring people can use sign language, face meetings etc. Braille and many other types of communication when they are dealing with public services or the State Respect for privacy urging private service providers to Article 22 says: provide accessible information Disabled people have the right to a including accessible websites private life and private communication, encouraging the mass media, regardless of whether they live in their including internet providers, to own home or a care home. make their services accessible No one should interfere with or get in recognising and promoting the use the way of that without justiﬁcation. of sign language. Governments must make sure that personal information about disabled What does this mean? people is kept conﬁdential the same as everyone else’s. This means that governments and public bodies should take extra steps to make sure that disabled people can access What does this mean? information and express their views. The right to privacy is a very broad right. This includes complaints procedures. If a It means, for example, that staff or support Deaf person wants to make a complaint in workers should not open your post without British Sign Language, then that should be your permission or come into your home possible. It also includes websites which whenever they like. It would also mean that: should be made accessible and easy to use. No one should see or touch your body unless you want them to. Disability discrimination legislation covers many of these steps, for example section No one should stop you having personal and sexual relationships. 27 UN Convention on the Rights of People with Disabilities

When you give the authorities from the State or for denying information about your life you should opportunities to have relationships. be able to expect that information will not be disclosed to other people For example, half of all parents with learning (unless you explicitly agree). disabilities have their children taken into care by social services departments. You shouldn’t have to tell anyone about Before this is done, social services your disability if you don’t want to. departments should provide support to the parents.

Respect for home and the family It also means that disabled people are Article 23 says: allowed to have gay relationships. Sometimes disabled people need support Disabled people have the same right as to go out and meet people, and this anyone else to marry and start a family. support should be provided regardless That includes deciding when and how of the beliefs of the support worker often to have children. (for example, no sex before marriage, Disabled people must have access to or no same-sex relationships). appropriate information and support to make sure these rights are respected and upheld in practice, including any Education support they need as parents. Article 24 says:

Governments must ensure there is no Governments must ensure the discrimination against disabled people education system at all levels is in laws about adoption or marriage. inclusive and geared towards Government must ensure there is no supporting disabled people to achieve forced sterilisation of disabled people. their full potential and participate Governments must provide early and equally in society. comprehensive information, services Disabled people should be able to and support to disabled children and access free, inclusive primary and their families. secondary school education in the No child must be separated from their communities in which they live. parents simply on the basis of a parent’s Disabled people must not be excluded impairment. from the general education system (at any level) because of their disability. What does this mean? Disabled people have the right to reasonable adjustments and extra This means that disabled people have the support to take part in education. same right to relationships as everyone Governments must also promote else and that their family life should be the learning of Braille, sign language respected. It makes clear that disability in and use of appropriate forms of itself cannot be a ground for interference communication for disabled learners.

28 www.equalityhumanrights.com

This involves promoting the linguistic Governments should ensure healthcare identity of Deaf people and ensuring professionals are trained to provide an enough teachers are trained in different equal service, on a human rights basis. communication methods. This includes making sure that disabled people have access to information about treatment so that they know what What does this mean? treatment they are agreeing to.

This is about education and life-long Governments should provide the health learning. services and treatment disabled people need for their specific impairments, It places an obligation on the government including services that help people and relevant authorities to provide regain their independence after they inclusive education, which means that have developed an impairment. They disabled children and adults can access should ensure impairments and health education with the right support. conditions are identified early and that people get early support. These services The UK Government did not accept need to be close to where people live – this Article in full. When it ratified the including in rural areas. Convention it made two statements which Governments should take steps to make limit this Article’s impact in Britain. One sure health and life insurance policies do statement was a ‘reservation’. This said not discriminate against disabled people. that disabled children could carry on being educated outside their local community. The other was an ‘interpretive declaration’ What does this mean? which said the UK interpreted the term ‘general education’ as including special This is not a right to be healthy but a right schools as well as mainstream schools. The to conditions which enable best possible Equality and Human Rights Commission health and healthcare. It could mean, for and disabled people’s organisations opposed instance, that disabled people have a right these statements on grounds that they were to continuity of care and treatment not necessary and not compatible with the wherever they are in Britain. Convention’s firm commitment to inclusion. You could use the Convention to argue that this means that treatment can only be Health given, or withdrawn, after full information Article 25 says: about the treatment has been given and with permission of the disabled person. Disabled people have the right to enjoy the best possible health. It could also be used to mean that disabled Disabled people have the right to the people have the right to information about same range, quality and standard of and access to contraception, whilst Article free and affordable healthcare as 23 (Respect for home and the family) everyone else – including sexual makes it clear that disabled people should health and fertility services. not be forced to use contraception.

29 UN Convention on the Rights of People with Disabilities

Habilitation and rehabilitation Work and employment Article 26 says: Article 27 says:

Governments must take effective steps Disabled people have the right to earn to enable disabled people to maximise a living through work that they freely their independence, develop their choose and in workplaces that are independent living and work skills, accessible and inclusive. and manage their impairment or Governments should promote this right health condition. to work by; Governments must make sure disabled ensuring disabled people are protected people have access to services which are against discrimination in employment available as soon as people need them and are entitled to reasonable and as close as possible to where adjustments. Ensuring disabled people live. people can access work experience Professionals and staff working in these ensuring disabled people enjoy fair services should be properly trained. working conditions, the same union Governments should also ensure rights as others and protection against harassment everyone is aware of and can use the range of equipment and technology employing disabled people in the available to support independent living. public sector promoting career development for What does this mean? disabled people including through access to training opportunities This right is about maximising your skills promoting self-employment and for independent living. employment in the private sector supporting disabled people to stay in Habilitation means learning a new skill or get back to work. that you didn’t have before, whilst rehabilitation means relearning a skill, for Disabled people should be protected example walking or talking. Another word against forced or compulsory labour. for rehabilitation is ‘re-ablement’. What does this mean? This right could be used to encourage social services to provide modern aids This is not a right to employment, but a and equipment, rather than relying on duty on government to create conditions old, recycled stock which may meet a which promote the equal opportunities for need but does not do it as well as modern disabled people to start earning a living technology. through work. It is also a protection against being forced to work, and it gives disabled people right to access and non- discrimination in work. It could be used to demand more action to address discrimination during recruitment.

30 www.equalityhumanrights.com

When the UK Government ratiﬁed disabled people have access to social the Convention it made a statement housing (such as homes built by about this article which limits its housing associations or councils impact in Britain. The statement was a which are cheap to rent or part-buy/ ‘reservation’ and it said that the exemption part-rent) of the armed forces from the employment disabled people get the same chance duties in equality law would continue as other people to get retirement because it was needed to ensure the forces pensions and initiatives for older were always ready and able to go into people. combat. The Joint Committee on Human Rights, the Equality and Human Rights Commission and disabled people’s groups What does this mean? opposed this. They said the armed forces should be subject to disability The Convention says that disabled people discrimination law. should expect a continuous improvement of living conditions. This could mean that it is not enough just to meet minimum Adequate standard of living standards of care or housing. For example, and social protection if a disabled person’s needs are best met Article 28 says: through providing a live-in/sleep-over carer, then this may mean that they are Disabled people have the right to a good housed in a place with an extra bedroom enough standard of living including to accommodate the carer, something clean water, decent clothes, enough which is currently prevented by Local food and a decent home. There should Housing Allowance rules. It also could not be big gaps between disabled mean that governments need to continue people’s standard of living and non- with initiatives like Lifetime Homes which disabled people’s. Disabled people sets minimum standards for accessibility should expect to see continuous and adaptability of new homes, and not improvements in their standard reduce their commitment. of living. To make this right real, government Disabled people could use this Article to should take action to ensure that; show that housing authorities need to think about housing allocation to meet disabled people can afford any their needs. For example, they should equipment, aids or services they need not house a family with a child who has disabled people – and disabled girls, severe asthma in a damp building. women and older people in particular – can access beneﬁts and schemes to One-third of disabled adults in Britain help them get out of poverty live below the income poverty line. The additional costs faced by many disabled disabled people living in poverty get people means that the actual number enough help from the State with their living in relative poverty is even higher. extra costs Government will need to consider steps to address disability poverty.

31 UN Convention on the Rights of People with Disabilities

Participation in political and Public appointments are an important way public life of involving disabled people in policy- Article 29 says: making and decision-making. However, only a small number of public Disabled people have the same political appointments in the UK are filled by rights and should be able to enjoy them disabled people. In 2010 there was a the same as everyone else. Speaker’s Conference on political representation. It made many Governments must ensure that it is easy recommendations to political parties and for disabled people to; Governments about increasing disabled access polling stations people’s representation. More information access material about elections and can be found at: candidates (http://www.parliament.uk/about/ mps-and-lords/principal/speaker/ vote in secret or with whatever help speakers-conference/speakers- they need from another person conference/). take up important roles in government and public life (for example being a The Convention also places a duty on councillor, a school governor, a governments to involve disabled people in magistrate, being an MP or Member the implementation and the monitoring of of the Scottish Parliament or the Convention. Assembly Member or helping to run health services locally) – and do them well Participation in cultural life, recreation, leisure and sport form and join disabled people’s Article 30 says: organisations. Disabled people have the right to access What does this mean? books, plays, films and television in accessible formats (for example books It means that disabled people have the in large print, audio or Braille). right to vote, stand for election and fully Disabled people have the right to access and effectively participate in public life. libraries, cinemas, theatres, museums It also means that you have the right to and other places of historical or cultural be involved in decisions which affect your interest. human rights. Disabled people have the right to It also recognises that disabled people’s develop and use their creative, artistic organisations are important for giving and intellectual potential – for their disabled people a voice at international, own benefit and because it enriches national, regional and local level. society. Governments should ensure laws protecting copyright of books and

32 www.equalityhumanrights.com

music do not stop disabled people enjoying real access. Disabled people’s different cultures and languages – including Deaf people’s language and culture – must be respected and supported. Governments should do everything they can to support disabled people to take part in mainstream sport and disability sport. Governments should do everything they can to make sure disabled children can take part in play, leisure and sporting activities in and out of school on an equal basis with non-disabled children.

What does this mean?

Disabled people should be able to access and to participate in cultural life, recreation, leisure and sport.

33 UN Convention on the Rights of People with Disabilities

Part 3 Making rights a reality

There are different ways for you to get involved in the Convention and make the rights real. This Part tells you about the different things you can do to ensure the Convention is put into practice – at local, national and international level. It covers: What can I do to promote the Convention among disabled people and public bodies?

How can I use the Convention to improve my life and that of other disabled people in Britain?

How can I get involved in monitoring and reporting?

How do I make a complaint about a violation of the Convention?

The Convention places obligations on the ensure those organisations are respecting government to take steps to protect and disabled people’s human rights. promote disabled people’s human rights. While the Convention does not place Disabled people have been using the Human direct legal obligations on public bodies Rights Act to change things in their daily they must still act in a way that is lives. For example, a disabled woman who compatible with disabled people’s human needed a particular type of bed (so she rights. This might include taking positive could get up easily) was told by her local steps to meet the standards set out in the occupational therapy department they Convention. When public bodies would only pay for a single bed. But this commission services from private or would mean she could not sleep next to voluntary sector organisations they should her husband. Eighteen months later,

34 www.equalityhumanrights.com

following legal advice, she reminded the Independent Living, ask one of the authority that they must respect her right national disability rights groups to send to private and family life. Within three hours, a speaker to your meeting to talk about the occupational therapy department had the Convention with your members. Or secured funding to buy her the double bed. do a talk yourself.

What can I do to promote the Help raise awareness among Convention? bodies that deliver public services Raising awareness among disabled people If public bodies are aware of the Convention, then they are more likely to understand how to respect the human Raising awareness of the Convention is rights of disabled people. very important. The more people know about the Convention and feel conﬁdent Ask your local public bodies (that using it, the bigger the difference it will means your council, local health make. This section will explain how you board or NHS Trust, schools and can raise awareness among disabled people. colleges, police authority, housing associations, day centres, care homes);

Simple things you can do: if staff have information about the Convention Tell other disabled people in your if they have trained staff on the family, your workplace or your Convention community about this guide and what plans they have to look at all encourage them to read it. their policies and practices to make If you have a website set up webpages sure they support the Convention. that tell people about the Convention – Remind them that doing so will help them you can use text from this guide to help comply with the Human Rights Act and you. Provide links to the full text of the disability discrimination legislation. Convention and some of the useful Remind them that they could look at this contacts at the end of this guide. as part of their Equality Duty and that If you have a newsletter or write for they should involve disabled people. someone else’s you could use this guide to help you write an article about the Get creative. You could make a short Convention. ﬁlm, write and perform a song or a play If you are part of a group (trade or create art based on the rights in the union, disability or other voluntary Convention, highlighting the barriers organisation), suggest your group people face. This could help raise produces a leaflet about the Convention. awareness among disabled people and get the message home to public bodies. If you are part of a local access group or disability association or Centre for

35 UN Convention on the Rights of People with Disabilities

In 2006 a disabled woman, Sian Even though the Convention is not legally Vasey, who runs the Ealing Centre binding on local authorities, they have a for Independent Living directed a play duty to act in line with the Human Rights titled ‘Flowers for Geeta’ about a Act and disability discrimination including disabled woman in a care home who the Equality Duty. The Convention can be wants to leave and get married. It used to interpret these laws. The Human showed how professionals failed to Rights Act has been used by disabled respect her human rights to marry, people to challenge injustice both through decide where to live and who to live legal cases and outside the courtroom in with. These are all Convention their negotiations with public services. rights. Staff from the Disability Rights For examples go to: Commission performed it at a big www.ourhumanrightsstories.org.uk conference for professionals working in health and social care. It was a much The Convention can be very powerful better way of getting the message across than just having a meeting with for individual advocacy as it sets clear speakers. This is why you should use benchmarks for the way that public real-life examples where possible. authorities should treat you, especially where there is no equivalent right in the Human Rights Act, for example, the right to health. How can I use the Convention to improve my life and the lives ﬁnally, the Convention is an internationally of other disabled people in agreed and accepted set of standards to Britain? respect, protect and promote the human rights of disabled people. For these As well as raising awareness there are reasons, local authorities should pay several ways that you can use the full attention to the Convention. Convention to influence individual cases or to change services and policies – including the way that a public authority This is how you can use the makes decisions, for example about social Convention: care charges or road infrastructure. If you are frustrated about local Write a letter, go to a meeting (Article 29 services, whether it is not having of the Convention says that you should be enough disabled parking spaces, staff given a voice in public affairs), talk to the attitudes or long waiting times for press, or you could put together a report treatments to help with mental health and publish it. Whatever you do, make conditions, you can use the Convention sure that you know what the Convention to promote positive changes. Work says and have evidence of how disabled out which article or articles of the people’s human rights are affected. Convention are relevant. Set out how local services fall short of the standards promised in the Convention and what Influencing local services practical changes public bodies could make to resolve the problem. In this part we set out how you can use the Convention to influence local services.

36 www.equalityhumanrights.com

Ask the officer or elected member to say about the issue. Talk about what responsible for equalities at your local the Convention says in your briefings council and health body to come and for parliamentarians and use it to talk to your local disability group about strengthen your argument for change. what they are doing to implement the Draw attention to the implications of Human Rights Act, and how they use the Bills for disabled people’s Convention Convention. You may have to give them rights when you are writing a submission information about the Convention first! to a Select Committee Inquiry or to a Write or talk to your MP, MSP and/or Public Bill Committee. There are also Welsh Assembly member – they are Scottish Parliamentary Committees there to represent you. which call for evidence to scrutinise Bills and as part of Committee Inquiries. Remember it is not acceptable – under the Convention – for countries to cut The Scottish Human Rights Commission back on essential support for disabled and the Equality and Human Rights people. If you are facing the prospect Commission in Scotland give advice of cuts to local services don’t forget to to the Scottish Parliament. Brief them make that point strongly. Get advice about issues of concern that the from one of the organisations listed in Scottish Parliament needs to address. Part 4 about how you can use the Convention together with the Human Example: The Convention Rights Act and the Equality Duty to in Parliament challenge service cuts. You can ask the council to adopt the Cross-bench peer Baroness Campbell Convention – write to the chief of Surbiton used the Convention in executive’s department. her successful campaign to make the proposed new right to free personal care in England ‘portable’. If the new Influencing national or UK policy is implemented, people who policy qualify for free personal care will be able to move from one local authority Whether you are an individual or a small to another without any disruption to or large disability organisation, you can their free personal care funding or use the Convention to influence national or services. She argued that government UK policy. However, you could try to join must do this to respect disabled up with others – because the more there people’s rights under the Convention, are of you, the stronger your voice will be. namely their rights to choose where they live on an equal basis with others, If you are responding to a government to work and participate in their consultation, use the relevant parts of communities and to be free from the Convention to back up your points. exploitation, violence and abuse. All these rights could be at risk, she If you are campaigning for a change in argued, if people could not be certain the law to get a better deal for disabled of having continuity of support. people, check what the Convention has

37 UN Convention on the Rights of People with Disabilities

How can I get involved in for international scrutiny and publicity at monitoring and reporting? regular intervals helps them focus on delivering real action. The Convention says that disabled people and their organisations should be involved In June 2011 and every four years in the monitoring of the Convention thereafter the UK must report to the UN (Article 33). This section sets out how you Disability Committee. National Human can be involved – in particular through Rights Institutions, such as the Equality writing ‘shadow reports’. These are reports and Human Rights Commission, and that organisations can send in to the UN voluntary organisations can submit Disability Committee to say what progress ‘shadow’ reports. These are also called the government has made (or not) on the ‘alternative’ or ‘parallel’ reports – in this implementation of the Convention. guide we use the term ‘shadow reports’.

You can also use the same approach for The UN Disability Committee takes a close ‘informal reporting’ – for example, you look at government reports alongside could write a report about human rights shadow reports. They assess whether of local disabled people, and use that to governments are meeting their obligations influence local policies and services. Or under the Convention. For this they rely you could write a national report about, heavily on the shadow reports. say, further and higher education and use the rights in the Convention to After looking at all the evidence and show whether human rights of disabled questioning ministers they will issue students are respected. their ‘Concluding Observations’. These set out speciﬁc recommendations for government action. Background information: monitoring and reporting Shadow reports are an important tool which disabled people can use to flag up The UN Disability Committee is a where progress has been made or where committee of 12 experts set up to monitor disabled people’s human rights are not yet what governments who have ratiﬁed the secure. This section sets out the report Convention are doing to implement it. The process and tells you how you can get UN Disability Committee has a powerful involved, both in the government report role in holding governments to account. and in the shadow reports – or even write Although they cannot force a government one yourself. to implement their recommendations, governments don’t want to lose their good reputation, and will often follow up the recommendations. The fact that countries know their track record on disabled people’s human rights will be held up

38 www.equalityhumanrights.com

When the government writes its first Case study: How report to the UN Disability Committee it reporting can make must tell them: a difference Whether – and to what extent – The Committee on the Administration disabled people actually enjoy each of Justice (CAJ) is a small voluntary right in the Convention in practice organisation which monitors human (with statistics broken down according rights in Northern Ireland. In the to sex, age, type of impairment, ethnic 1990s it wanted to end human rights origin and other categories). abuses against people detained in What policies, strategies and laws custody on suspicion of being involved they have put in place to ensure each in paramilitary violence. These people Convention right becomes a reality. were being interviewed without They should say what resources have lawyers present, locked up without a been identified to support this and fair hearing and subjected to physical what progress has been made. ill-treatment. Whether it has adopted comprehensive It used the reporting process under the disability anti-discrimination Convention Against Torture to achieve legislation. this goal. This process helped them What systems are in place to monitor generate publicity and put pressure progress towards ensuring each on UK Government. When the UK Convention right becomes a reality for Government appeared before the disabled people, including details of Committee Against Torture in 1991, how progress will be measured. 1995 and 1998, CAJ made detailed, high quality submissions and attended How each Convention right is protected the Committee meetings to brief in law in the UK and details of any laws members on each occasion. which exclude or single out disabled people for worse treatment. Paul Mageean of CAJ says “Almost all How disabled people can get justice of the recommendations the Committee if their Convention rights have been has made over the course of those years violated. concerning Northern Ireland can be traced directly to the submissions we Whether there are any barriers beyond made. The key specific objectives and their control which are making it the overall goal have been achieved. It is difficult to make the Convention rights our view that the use of this tactic had a reality, including details of what steps a considerable impact in changing the are being taken to overcome them. way the UK, and particularly the police in Northern Ireland, operated in relation to the detention of those suspected of being involved in paramilitary violence in Northern Ireland.”

39 UN Convention on the Rights of People with Disabilities

You have the right to be areas where they have responsibility. ODI involved in monitoring will welcome your views on how you want to become involved – or your views on Governments must involve disabled people how the UK is implementing the and their organisations in monitoring how Convention and contact details are well the Convention is being implemented. given in Part 4. As part of its role of co- They should also involve disabled people ordinating work on the Convention across in putting together their reports to the government, ODI will be encouraging UN Disability Committee. government departments to engage with disabled people. Many government Being involved in something means a lot departments already have their own more than just being ‘consulted’ about disability advisory groups. However, how it. It means being empowered to shape they will use these groups or involve other how things are done from the start and disabled people will become clearer as the working with government as an equal date for the Government's report to the partner. Involvement needs to be: UN Disability Committee gets closer.

planned in advance The Equality Unit within the Scottish co-ordinated Government is co-ordinating the information required to report compliance fully accessible and inclusive and progress in Scotland. If you live diverse; lots of different disabled people in Scotland you should be involved in should be able to engage in a range of that work. different ways meaningful; people need to be clear Similarly if you live in Wales there should what is expected of them and what be an opportunity to work with the Welsh the outcomes will be and to feel their Assembly Government. The Equality, expertise has been properly recognised, Diversity and Inclusion Division will be and working with disabled people and all the Welsh Assembly Government departments influential; it should be clear how to put the Convention into practice and disabled people’s views and priorities monitor progress. have shaped future plans. The Scottish and Welsh governments Disabled people’s input and involvement will be essential. Without it, it just will not will contribute their assessment of the be possible to properly measure or assess progress they have made in their areas progress or to develop better policies, laws of responsibility to the UK report. and plans. There will be one UK report, taking into account the work of the UK and devolved The Ofﬁce for Disability Issues (ODI) will governments in relation to compliance be co-ordinating the process of monitoring with the Convention. and reporting for the Westminster Government, and will work with the The Equality and Human Rights governments in Scotland and Wales on Commission and the Scottish Human

40 www.equalityhumanrights.com

Rights Commission are involving disabled what is going well and what more needs people in their monitoring work in lots of to be done. They may use your evidence different ways. They have held events for in their report. disabled people to ﬁnd out what their priorities are and the Equality and Human Rights Commission has set up a reference As a group you can: group of disabled people from across Britain Gather evidence from your members to advise them. Disabled people and their about their experiences. Pick out the organisations will be invited to take part rights you think will be most relevant to in putting together the Commission’s them from Part 2 and ask them to tell shadow report on the implementation of you about any barriers they face and the Convention in Britain. what action would help them enjoy But don’t wait to be asked to be those rights in practice. involved! Here are things you can Use that evidence to produce a start doing now as an individual or shadow report on the Convention as part of a group. for the UN Disability Committee, or organise the evidence (arrange it according to the relevant articles) and As an individual you can: send it to the Equality and Human Rights Commission, the Scottish Look at the rights described in Part 2. Human Rights Commission, ODI or Think about what each of the rights a national disability network you are means for you and which are most involved with or know of. They may important to you. Do you have those use the evidence for their reports. opportunities in your own life? What would help you enjoy the rights in Ask to see your MP (England/Britain), practice? For example, if you are not MSP (Scotland) or AM (Wales) to working but want to, think about: what discuss your ﬁndings. They could pick things are proving helpful to you? What up some of the issues and start putting things are getting in your way? If you pressure on government to act. If you’re could change something what would not sure how, then a national disability it be? organisation may be able to help you. Write down or record your thoughts and then share them. You could send Why get involved in producing them to the Equality and Human Rights a shadow report? Commission or the other Commissions, ODI (or the Scottish Government or Quite simply this is one of the most Welsh Assembly Government, effective ways to use the Convention to depending on what the issue is and help bring about positive change for where you live) or one of the national disabled people. disability organisations like the UK Disabled People’s Council or Disability Even when governments are being Wales. This will help them work out self-critical, their reports on the

41 UN Convention on the Rights of People with Disabilities

implementation of UN Conventions can bigger group’s shadow report, or a sometimes paint a rosy picture about voluntary organisation representing people’s rights – a picture that does not disabled people that has consultative always reflect the reality on the ground. status with the UN. You can also use This is why UN monitoring committees it if you want to write an informal encourage voluntary groups to provide report based on the Convention to them with reports of their own. They use use in your campaigning work. this information to assess what progress Simply change ‘UN Disability Committee’ is really being made and decide what the to, for example, ‘Scrutiny committee of gaps and problems are and where further the council’ or ‘NHS Board’. Instead of action is needed. The shadow reports also ‘government’, read ‘council’ or ‘police help them think about what questions to authority’, for example. put to each government. Sometimes they adopt voluntary groups’ recommendations The UN Disability Committee says that for change in their ‘Concluding Observations’. it is very keen to receive reports from disabled people and their organisations. Writing the report also helps the voluntary However, it’s a good idea to work together organisations to collect evidence and to so that the UN Disability Committee identify what needs to be done to make doesn’t get an excessive number of the Convention rights a reality. reports to read – many other countries also have to report. Reports that represent The UN Disability Committee will the views and perspectives of lots of make recommendations (‘Concluding people may also be more likely to be Observations’) to tell the government read by the UN Disability Committee what steps they need to take to comply and have more impact. with the Convention. You can use these recommendations to press the government You could write a report without having into action. Also, when the government seen the government’s or write it as a submits its next report, the UN Disability response to the government report. Committee will be expecting detailed Either is useful. information about action that has been taken. You can give your judgment in the shadow report. How to go about it

Step 1: Check the process, timetables and Guide to writing a shadow arrangements on the website of the UN report Disability Committee (see Part 4). Note the UK report has to be sent in to the The following is a brief guide to writing a Committee by June 2011. If, for example, shadow report. You can ﬁnd full guidelines you are writing a local report for a scrutiny on the website of the International committee in your local council, then Disability Alliance (details in Part 4). check when they meet and when you need Use this guide if you are a group of to send in your report in time for them to disabled people feeding into another, discuss it at the meeting.

42 www.equalityhumanrights.com

Step 2: Think about who you could work Be clear which part of government with to write the report. For example, should be making these changes. Say whether you’re a big organisation or a how you want to be involved in making small self-advocacy group, it would be a the changes happen. good idea to contact other groups and If there is some information or evidence ask if they would like to work with you. that is too long to include in the main part of your report, but you think will Step 3: Work out what your report will be useful for the UN Disability cover and how you will structure it. Committee to read, then put it in an Think about which rights in the appendix at the end. Convention are most relevant and Step 4: Now write your report! Follow important to you and focus on those clear print guidelines so that it is accessible (use Part 2 of this guide to help). Make to most people. Remember to use plain sure you focus on those areas disabled english and short sentences. Don’t use people in your group feel are most jargon or acronyms that Committee important to them. members won’t be familiar with. Remember Look at the key issues for disabled that many Committee members don’t have people and the extent to which people English as their first language and are from are currently able to enjoy their other cultures, so they don’t necessarily Convention rights. You must use real know how British government works. Use evidence. Evidence can be from surveys, numbered paragraphs. Keep it short. research reports, official statistics, newspaper articles. You could also Step 5: Get some people you trust to read include ‘case studies’ – real examples of through the report and give you some how the problem affects disabled people. feedback so you can improve it. Think about Make clear what the barriers are and whether there are groups which might how they relate to the rights in the want to support it and, if appropriate, get Convention. their permission to add their logo. Also arrange for the report to be made available If there are good things government or in a range of accessible formats. another public authority are doing in a particular area then say so. If nothing Step 6: Publish the report and send it to has been done then also report this. the relevant parties. Make specific recommendations for change. If you want action on disability Step 7: Follow up. If you are sending hate crime, don’t just say that the your report to a local committee try to get government should do more to tackle involved in the meeting. If you want to sit disability hate crime. Think about in on the committee meeting you will need specific action different bodies like the to check with the committee secretariat if devolved administrations, Ministry of that is possible. It is really useful to meet Justice, Crown Prosecution Service, the members of the committee in advance police, local councils or housing so, if possible, ask to meet them for a associations should take. brief discussion beforehand.

43 UN Convention on the Rights of People with Disabilities

Publicity: Don’t forget to put a copy of Remember – the UK Government your report on your website. You could put has a duty to report on other out a press release about the report and Conventions, including the Convention distribute copies to your members. of the Rights of the Child, the Convention for the Elimination of Discrimination against Women and the Convention on Shadow reporting: How the Elimination of Racial Discrimination. it is being organised in These reports should also cover disabled people. You could work with women’s, Australia children’s or ethnic minority groups to ensure that disabled people’s issues on any The Australian Federation of Disability of the conventions are covered in their Organisations has joined forces with shadow reports. other national disability rights organisations to produce a co- ordinated shadow report on the How do I make a complaint Australian Government’s about a violation of the implementation of the Convention. Convention?

They believe working in a coalition At UN level the Optional Protocol enables will be an effective way to ensure the UN Disability Committee to look at the UN Disability Committee gets a individual cases as well as systemic comprehensive view of the current violations of disabled people’s human status of disability rights in Australia. rights by the UK Government. They have created a dedicated website for the project where disabled At national or local level, even though you people can tell them about their real cannot take the government to the court experiences and problems using over a breach of the Convention alone, their Convention rights. The website there are several ways in which you can can be found at: use the Convention to strengthen your www.disabilityrightsnow.org.au case – no matter whether you are Disability groups can use the workbook challenging the government or another from the website to log key issues public authority. This could be: under each Convention right and examples of potential violations. Where you believe that the issue you are facing is covered by another piece of legislation that is directly enforceable in the UK courts (for example, the Human Rights Act or equality legislation). Where you make a complaint against a public authority, either through internal procedures or through inspectorates such as the Care Quality Commission or Ombudsman.

44 www.equalityhumanrights.com

This section explains how you can go Step 5: You might want to consider legal about making a complaint if you believe action, but first seek advice from the your rights have been breached. Equality and Human Rights Commission or one of the organisations listed in the Step 1: Talk to someone you trust about ‘Further information’ section. Bringing it. It could be a friend, a relative, an legal action can be very expensive and advocate or a colleague at work. Work difficult unless: out what is going wrong, which rights are affected and what you want to change. you have a very low income and qualify If you are unsure whether the Convention for legal aid (legal aid is where the applies to your situation, don’t be afraid to government pays your legal costs). ask for advice. If the problem you are You will not qualify for legal aid if it’s facing is being treated badly at work or an employment case when trying to use services, it may be that the Equality and Human Rights the body concerned is breaching your Commission or another body is willing rights under equality legislation. Talking to support your case (the Commission to a national disability group or an advice can only support cases involving human agency could help you figure out which rights that also raise issues under Convention rights are relevant to your equality legislation – but see below for situation and whether any other rights are other powers they have to take action being infringed. against human rights abuses).

Step 2: Try to resolve it with the person If you want to bring a legal case, or body causing the problem ﬁrst. There it will need to be a case under the are lots of examples of disabled people Human Rights Act or equality law. using human rights arguments to get a You can’t bring a legal case under public body to change something. See Part the Convention. But you can 4 for places to ﬁnd those examples. certainly use the Convention to strengthen your case. Step 3: If that doesn’t work ask about their complaints process. All public bodies You need to identify which rights in the have a complaints process. All employers Human Rights Act or equality law are must have a grievance procedure for affected in your case. Then look at the employees. relevant article(s) of the Convention to see what it says about your human rights in Step 4: If this doesn’t resolve matters, that area and use that in your argument. you can try writing to or contacting your Your legal representative should be able local councillor or your MP, MSP or to identify these issues – if they don’t Assembly member. They might write a you should raise it with them. letter to the public body on your behalf. A disability group might also help make representations on your behalf. Sometimes this might resolve things.

45 UN Convention on the Rights of People with Disabilities

Example: Using the physical wellbeing. Pratibha is Convention in your certain that she would become complaint depressed if she was uprooted and deprived of her independence. Pratibha has been receiving home care – Article 19 of the UN Disability from her local authority. She has very Convention says very clearly that high support needs. She asks for her she has the right to choose where needs to be assessed again as she feels she lives and who she lives with. It she needs more help. Her local says she has the right to live in the authority agrees her needs have community and the right not to be increased. The only way they can forced into any particular kind meet those needs, they say, is if she of living arrangement such as a moves into a residential care home. residential care home. This will Their budget is under pressure and strengthen her case. they say it would be too expensive – Under the Equality Duty her local for them to pay for home support. authority also has a duty to promote Pratibha feels strongly that she wants equality of opportunity for disabled to stay in her own home. She is very people. That duty applies when active in her local community and decisions about individuals are has lots of friends and interests. being made. Moving her to a care home would remove her Pratibha can use the Convention opportunities to take part in all the together with other laws to argue things she currently does. She can that the local authority should support remind them of this and ask them her to live at home. whether they have done a disability She can argue that: equality impact assessment, share the ﬁndings of it with her or ask – Article 8 of the European them to do one and involve her in Convention on Human Rights the process. imposes a duty on her local authority to respect her right to private and family life. This right If you are a child – There are includes being able to have friends Commissioners for Children and Young and take part in social and cultural People in each country responsible for activities and leisure. When people promoting their interests. You can tell go into residential care they can be them about your problems. cut off from friends and access to the wide range of activities they would normally pursue if they lived at home. This right is also about protecting a person’s mental and

46 www.equalityhumanrights.com

How the Equality and Human review or recommend changes to any Rights Commission can help area of Scottish law or in the policies or tackle human rights violations practices of Scottish public authorities.

The Equality and Human Rights Commission can: If you are pursuing a legal case involving human rights give disabled people free advice and and the Convention let the information about their human rights Commissions know about this: via its helpline and, in limited circumstances, can support individual In case they are able to intervene with legal cases helpful arguments. undertake research and provide So that they have evidence to use to education or training help them advise government on action needed to protect disabled people’s conduct inquiries, investigations and human rights. assessments bring legal proceedings called ‘judicial If you have been through all the available review’ against a public body (for routes for redress in Britain and have not example a council or government got justice, consider making a complaint department) if needed to stop a human to the UN Disability Committee. rights violation

intervene in legal cases involving How do I make a complaint to human rights that other people have the UN Disability Committee? started. This means that the commission can give the court expert advice. The Optional Protocol establishes the communications procedures and the inquiry procedure. How the Scottish Human Rights Commission can help The communications procedure allows people to bring a petition to the The Scottish Human Rights Commission UN Disability Committee if they believe can: that their Convention rights have been intervene in legal cases in Scottish breached and they have exhausted means courts to give expert advice of redress via the UK courts. undertake inquiries into Scottish public authorities and, as part of an Inquiry The inquiry procedure allows the can inspect a place of detention UN Disability Committee to undertake inquiries, when reliable information conduct research, provide advice or is received into allegations of grave or guidance, education or training systematic violations of Convention rights.

47 UN Convention on the Rights of People with Disabilities

You can complain to the UN made to the UN Disability Committee Disability Committee about a (because the government hasn’t taken violation of your rights under enough steps to make real the right to an the Convention if: adequate standard of living, Article 28).

You are the (alleged) victim. If you are not the victim you must have There are other important rules permission to act on the victim’s behalf. about bringing a complaint:

The complaint is against the The issue you are complaining about government. It cannot be brought must have either happened after the UK against other authorities, for example ratified the Convention, or if it started your council. If you believe that the before the date of ratification (8 June Welsh Assembly Government or the 2009) it must still be continuing at the Scottish Government is in breach of time you want to make the complaint. the Convention, then you must still You cannot make an anonymous complain against the UK Government complaint (in other words you need although it would be best to first use to say who you are). any available complaints mechanisms The issue must be one the UN Disability including the relevant Ombudsman. Committee has not looked at before. The complaint is well-founded. This The issue must be one that is not being means you need evidence that a real looked at by another international rights human rights violation has taken place. body like the European Court of Justice The violation must clearly relate to one or the European Court of Human Rights. or more articles of the Convention. The complaint does not go against the principles and rights set out in the Other important things to Convention. You have used all the remember: possible legal remedies available in 1. Always seek advice from the Equality Britain without success. and Human Rights Commission or the There is no law you can use in Britain Scottish Human Rights Commission to enforce that particular Convention before deciding whether to use the right. For example there is no law in Optional Protocol. They can advise you Britain that says that government has about whether the case is suitable and if a duty to ensure disabled people have not, what else you might do. an adequate standard of living and an 2. Try to find out about other people accessible home. However, if you are affected by this issue. Groups of people living in real hardship or in conditions can make a complaint as well as that cause you loss of dignity, even after individuals. It might be easier if there claiming all the benefits and grants you is a group of you to support each other. are entitled to or because of grossly Contact disabled people’s organisations inadequate housing, this might be a locally or nationally just in case they situation where a complaint could be know of other people who are affected.

48 www.equalityhumanrights.com

The UN Disability Committee’s findings How the Equality and and recommendations may not be Human Rights enforceable but they carry a lot of moral Commission can help authority because Governments don’t like The Commission is keen to develop its to be told that they’re wrong, and will work relating to Optional Protocols. The often try to put things right. It may force Commission can assist a complainant the Government to pass new legislation, with the Optional Protocol in preparing change a policy or find the money to sort a communication or petition to the UN the issue out. Disability Committee – for example helping with the preparation of necessary documents and submissions. See the Case study: Using the ‘Contact’ information at the end of this complaints procedure to guide to find out how to get in touch. tackle violence against women

Assuming your complaint meets In 2004 two Austrian women’s all the criteria and you have organisations filed complaints under been advised to go ahead, how the Convention on the Elimination of do you make your complaint? All Forms of Discrimination Against Women (CEDAW) on behalf of two You will need to put it in writing and women, Sahide and Fatma. Each send it to the UN Disability Committee. woman had been killed by their The UN Disability Committee will provide husband after suffering repeated information on their website on making abuse. They had each brought various a complaint. violent incidents to the attention of the Austrian authorities, did not get What happens then? sufficient support, and were ultimately murdered. The women’s groups argued If the UN Disability Committee accepts that the Austrian state had failed to do your complaint, they will ask the enough to protect the lives of the two government to respond. The Committee women and that this violated their then meets in private and decides what rights guaranteed under the CEDAW. finding to make. The CEDAW Committee agreed with The UN Disability Committee gives both them. In August 2007 they found that parties a copy of its recommendations, Austria had failed to protect the and a summary is included in its women’s lives and made clear annual report. recommendations about what Austria should do to avoid the same violations of women’s human rights in the future. As a result a series of new policy measures have been introduced and

49 UN Convention on the Rights of People with Disabilities

would be willing to conduct an inquiry the process of legal reform to protect instead. Seek their advice about whether Austrian women from violence has a UN inquiry is needed. gained real momentum.(3) Experience of inquiries under other How do you get the UN Disability Conventions shows that they can be an Committee to launch an inquiry effective way of stopping human rights into human rights violations? abuses and bringing about change.

The UN Disability Committee can launch Case Study: The an inquiry into severe or widespread difference an inquiry violations of the Convention by any makes country which has ratiﬁed the Convention and Optional Protocol. ‘Widespread’ means In 2004 the Committee on the the violations affect a lot of disabled people Elimination of All Forms of and/or appear to be part of a deliberate Discrimination Against Women policy. The Committee would need reliable (CEDAW) completed an inquiry into evidence about the alleged violations before the rape, abduction and murder of deciding an inquiry is needed. Individuals women in the Ciudad Juarez area of or organisations can submit evidence Chihuahua in Mexico. The Committee or use the ‘individual communications concluded that Mexico had failed to procedure’ to bring such breaches of rights protect women against gender-based to the attention of the UN Committee. violence, violating their most fundamental human rights. It made If you think there is evidence of severe or many clear recommendations for widespread violations of Convention rights action. As a result: that the UN Disability Committee should investigate you would need to: new laws have been passed on equality between men and women work together with other disability and ‘women’s access to a life free groups and the national Human Rights from violence’ Commissions to assemble detailed a Special Attorney’s Ofﬁce has been evidence about the rights violations, and set up to monitor investigations into write to the UN Disability Committee femicide, and asking them to investigate. the women’s movement has been given a formal role in monitoring You should check if either the Equality and developing regulations to ensure and Human Rights Commission or the the law is properly implemented. Scottish Human Rights Commission

3 CEDAW as an Instrument to Combat Violence against Women? The Austrian Experience, By: Rosa Logar in Raising up the Roof: Activists Construct Women’s Human Rights Using CEDAW. Forthcoming Book Project Edited by Debra J. Liebowitz, Ph.D. with Shanthi Dairiam. A publication of IWRAW Asia Paciﬁc.

50 www.equalityhumanrights.com

Part 4 Further information and resources

This Part tells you where you can ﬁnd out more about the UN Disability Convention or where you can ﬁnd help including: • UN Disability Convention: key resources and organisations • UN Disability Committee • Convention Guides and Toolkits • The Convention in England and GB • The Convention in Scotland • The Convention in Wales • Legal advice about human rights

Your local or national disability organisation Making rights a reality: a booklet may also have further information. Your produced by the commission containing council should be able to give you contact the Convention text. You can get it from details of local disability organisations. the Commission’s Helpline, or download it from their website. UN Disability Convention: key documents and resources The Ofﬁce of the United Nations High Commissioner for Human UN Enable: the UN’s website is all about Rights (OHCHR) provides information the UN Convention on the Rights of about the UN Disability Committee People with Disabilities. This website also and its monitoring and reporting has the full text of the Convention and the procedure. It has a guide ‘Monitoring Optional Protocol, as well as a Plain the Convention on the Rights of Persons English version and Easy Read version. with Disabilities. The website also has http://www.un.org/disabilities/ a complaints form. http://www2.ohchr.org/english/ The Handbook for Parliamentarians bodies/treaty/CCD.htm on the Convention is here: http://www.un.org/disabilities/ default.asp?id=212 51 UN Convention on the Rights of People with Disabilities

The OHCHR has published several http://www.icrpd.net/implementation guides and factsheets about the /en/aboutus.htm Conventions and working with the UN. See their guide to organising a workshop http://www.ohchr.org/EN/ to raise awareness of the Convention: PublicationsResources/Pages/ http://v1.dpi.org/lang-en/resources/ Publications.aspx topics_detail?page=953#_Sample_ agenda. United Nations Committee on the Rights of Persons with Disabilities The European Disability Forum Postal address: CRPD secretariat, UNOG- is the European umbrella organisation OHCHR, CH-1211 Geneva 10, Switzerland: for European disability organisations [email protected] and national disabled people’s http://www2.ohchr.org/english/ organisations. Their website has bodies/crpd/index.htm information about how the Convention relates to the European Union. Visiting address: Palais Wilson, 52 Rue http://www.edf-feph.org/Page_ des Pâquis, 1201, Geneva, Switzerland Generale.asp?DocID=13854&thebloc Telephone: +44 (0)1229179703. =13857 UN Department of Economic Their website also has contact details and Social Affairs (for information for European disability organisations. about ‘consultative status’ with the http://www.edf-feph.org/ United Nations) Chief, NGO Branch Page_Generale.asp?DocID=10906&i One United Nations Plaza, Room d=1&namePage=about&langue=EN DC1-1480, New York, NY 10017, USA Telephone: +44 1 212 963 8652, The International Disability Alliance Fax: +44 1 212 963 9248 (IDA) is the network of international [email protected] disabled people’s organisations promoting http://esango.un.org/paperless/Web the effective implementation of the UN Convention on the Rights of Persons with Disabilities. Their website has information Convention Guides and Toolkits related to capacity-building of disabled people’s organisations as well as Many European and international background to the Convention. organisations have developed Convention www.internationaldisabilityalliance. Guides and toolkits. Here are but a few: org Disabled People’s International is See the IDA’s guide on shadow reporting: an international umbrella organisation http://www.internationaldisabilitya of disabled people’s organisations. Their lliance.org/projects-and-events/ aim is to promote the human rights of guidance-document-on-parallel- all disabled people through full reporting/ participation, equality of opportunity and international cooperation. They have Making It Work! For the exchange developed an implementation toolkit. of good practice and promoting advocacy

52 www.equalityhumanrights.com

about ending poverty, social exclusion about discrimination and human rights, and discrimination against disabled including the UN Disability Convention. people over the world. Freepost RRLL-GHUX-CTRX, http://www.makingitwork-crpd.org/ Arndale House, Arndale Centre, Manchester M4 3AQ The Equality and Human Rights Telephone: 0845 604 6610 Commission has published a guide Textphone: 0845 604 6620 about the Convention on the Fax: 0845 604 6630 Elimination of all Forms of englandhelpline@equalityhuman Discrimination Against Women. rights.com 8am–6pm, Monday to Friday The Children’s Rights Alliance for England provides information about the UN Note: if you have any information you Convention on the Rights of the want to give the Equality and Human Child including a campaigning toolkit. Rights Commission about the Convention http://www.crae.org.uk/rights/ or have any questions about our work on uncrc.html the Convention please contact us at: [email protected]

The Convention in England British Institute of Human Rights and GB BIHR provides a range of information Ofﬁce for Disability Issues about human rights, including guides to the Human Rights Act for disabled people The Ofﬁce for Disability Issues is the and people with mental health problems. focal point in UK Government for the It supports people to use human rights implementation and monitoring of to improve their own lives, through the Convention. awareness raising events, training, Caxton House, 6-12 Tothill Street, information and policy work. It does London SW1H 9NA not provide individual advice. Office-for-disability-issues@ dwp.gsi.gov.uk, King’s College London, 7th Floor, www.officefordisability.gov.uk Melbourne House, 46 Aldwych, London WC2B 4LL Ministry of Justice Telephone: 020 7848 1818, Fax: 020 7848 1814 The Ministry of Justice is the focal point [email protected], for human rights in general, and the www.bihr.org.uk Human Rights Act in particular. http://www.justice.gov.uk/guidance/ Our Human Rights Stories is a humanrights.htm website with stories of how disabled Equality and Human Rights people and other people are using Commission helpline – England the Human Rights Act. www.ourhumanrightsstories.org.uk The Commissions Helpline provides information and guidance to the public

53 UN Convention on the Rights of People with Disabilities

The Convention in Scotland Freepost RRLL-GYLB-UJTA, The Optima Building, 58 Robertson Street, Scottish Government Equality Unit Glasgow G2 8DU The Scottish Government Equality Telephone: 0845 604 5510 Unit coordinates the information Textphone: 0845 604 5520 required to report compliance and Fax: 0845 604 5530 progress in Scotland. scotlandhelpline@equalityhuman Area 2G, Victoria Quay, rights.com 8am–6pm, Monday to Friday Edinburgh EH6 6QQ Note: if you have any information you Telephone: 0131 556 8400 or want to give the Equality and Human 08457 741741 (for UK local rate). Rights Commission or the Scottish Human http://www.scotland.gov.uk/Topics/ Rights Commission about the Convention People/Equality or have any questions about our work on the Convention please contact us at The Scottish Parliament’s Equal [email protected] Opportunities Committee and/or The Scottish Parliament’s Equality [email protected]. Opportunities Committee looks at equality issues, including within The Convention in Wales Parliament. It can write reports. Telephone: 0131 348 5408 Equality, Diversity and Inclusion equalopportunities@ Division scottish.parliament.uk http://www.scottish.parliament.uk/ The Equality, Diversity and Inclusion s3/committees/equal/index.htm Division has responsibility for implementing the Convention in Wales Scottish Human Rights Commission and coordinating Welsh Assembly (SHRC) Government’s contribution to the UK report on the Disability Convention. The Scottish Human Rights Commission promotes and protects the human Welsh Assembly Government, rights of everyone in Scotland. Cathays Park, Cardiff CF10 3NQ The Optima Building, 58 Robertson Street, Telephone: 02920 826 828 Glasgow G2 8DU. or 02920 825 929 Telephone: 0141 243 2721 [email protected] [email protected] www.wales.gov.uk www.scottishhumanrights.com National Assembly of Wales Equality Equality and Human Rights of Opportunity Committee Commission helpline – Scotland The Equality of Opportunity Committee The Commission’s Helpline, with the looks at the equality duties of the Welsh permission of the Scottish Human Rights Assembly. Commission, provides information and Telephone: 029 2089 8148 guidance to the public about human rights. Textphone: 0845 010 5678

54 www.equalityhumanrights.com

[email protected], Advice UK http://www.assemblywales.org/ A membership organisation of bus-home/bus-committees/ independent advice centres. They do bus-committees-other-committees/ not give out advice themselves but their bus-committees-third-eoc-home.htm website has a directory of advice centres. Telephone: 020 7407 4070 Equality and Human Rights [email protected], Commission helpline – Wales www.adviceuk.org.uk The Commission’s Helpline provides information and guidance to the public Citizens Advice about human rights. Provides free, independent and Freepost RRLR-UEYB-UYZL, conﬁdential legal advice, and can 3rd Floor, 3 Callaghan Square, help you ﬁnd a solicitor. Cardiff CF10 5BT Telephone: 020 7833 2181 (no advice is Telephone: 0845 604 8810, available on this line, but they will be able Textphone: 0845 604 8820 to give you details of your local Citizens Fax: 0845 604 8830 Advice Bureau that can give you advice) waleshelpline@equalityhuman www.citizensadvice.org.uk rights.com Advice website: 8am–6pm, Monday to Friday www.adviceguide.org.uk Note: if you have any information you want to give the Equality and Human Community Legal Service Rights Commission about the Convention CLS has an online directory providing or have any questions about our work on details of solicitors, advice agencies and the Convention please contact us at information providers across England and [email protected]. Wales, as well as a helpline giving free initial legal help and advice on some issues. Legal advice about Human Helpline: 0845 345 4 345 Rights www.clsdirect.org.uk Law Centres Federation You may be able to seek legal advice from: (in England and Wales) Liberty Law Centres provide a free and Liberty is one of the UK’s leading civil independent professional legal service to liberties and human rights organisations. people who live or work in their catchment They give information and support to areas. The Law Centres Federation itself individuals who want to understand does not provide legal advice, but can and use their rights under the Human provide details of your nearest law centre. Rights Act 1998. Telephone: 020 7387 8570 Telephone 0845 123 2307 [email protected], www.yourrights.org.uk www.lawcentres.org.uk

55 UN Convention on the Rights of People with Disabilities

Public Law Project Scottish Citizens Advice Bureau Public Law Project is a voluntary group Service that supports disadvantaged groups to The Scottish CAB Service helps you ﬁnd take legal action against public authorities your local CAB. if they have infringed people’s human http://www.cas.org.uk/ rights. Their website has several leaflets. The Public Law Project does not take Scottish Child Law Centre enquiries from the general public but they The Scottish Child Law Centre provides can take referrals from another lawyer or advice and information to children and adviser. young people in Scotland, and offer www.publiclawproject.org.uk training and school visits. 54 East Crosscauseway, Disability Law Service Edinburgh EH8 9HD The Disability Law Service provides Freephone for under 18s: 0800 328 8970 information and advice about disability Telephone: 0131 667 6333 discrimination and provides a helpline, Fax: 0131 662 1713 casework service, and can provide support [email protected], at any level of the legal system. http://www.sclc.org.uk/ Telephone: 020 7791 9800 Minicom: 020 7791 9801 Govan Education Law Unit http://www.dls.org.uk/ The Education Law Unit is Scotland’s provides legal advice on education, discrimination and human rights. Scotland Govan Law Centre, 47 Burleigh Street, Scottish Legal Aid Board Glasgow G51 3LB The Scottish Legal Aid Board is responsible Telephone: 0141 445 1955 for managing legal aid in Scotland. Their Textphone (Minicom): 0141 445 1955 website has information about getting Fax: 0141 445 3934 legal help. [email protected], http://www.slab.org.uk/ Education Law Unit, http://www.edlaw.org.uk Scottish Association of Law Centres The Scottish Association of Law Centres represents law centres throughout Scotland. They do not provide individual advice, but they can tell you where to ﬁnd your nearest Law Centre. http://www.scotlawcentres.blogspot .com/

56 www.equalityhumanrights.com

Contacts

England Equality and Human Rights Commission Helpline FREEPOST RRLL-GHUX-CTRX Arndale House, Arndale Centre, Manchester M4 3AQ Main number 0845 604 6610 Textphone 0845 604 6620 Fax 0845 604 6630

Scotland Equality and Human Rights Commission Helpline FREEPOST RSAB-YJEJ-EXUJ The Optima Building, 58 Robertson Street, Glasgow G2 8DU Main number 0845 604 5510 Textphone 0845 604 5520 Fax 0845 604 5530

Wales Equality and Human Rights Commission Helpline FREEPOST RRLR-UEYB-UYZL 3rd Floor, 3 Callaghan Square, Cardiff CF10 5BT Main number 0845 604 8810 Textphone 0845 604 8820 Fax 0845 604 8830

Helpline opening times: Monday to Friday: 8am – 6pm Calls from BT landlines are charged at local rates, but calls from mobiles and other providers may vary. Calls may be monitored for training and quality purposes. Interpreting service available through Language Line, when you call our helplines. If you require this publication in an alternative format and/or language please contact the relevant helpline to discuss your needs. All publications are also available to download and order in a variety of formats from our website www.equalityhumanrights.com