more than words mwy na geiriau 1 2007 The Journal of Disability Wales/Cylchgrawn Anabledd Cymru/£3

Disability Equality more than words ISSN 1467 6095 contents mwy na geiriau cynnwys Issue/Cyhoeddiad1

4 EDITORIAL THE DAWNING OF A NEW ERA • Penni Bestic

7 DISABILITY EQUALITY EQUALITY ISSUES • Rhian Davies

9 TRAINING OR TRAINING SIMULATION OR IMITATION • Training for Equality UNDERSTANDING THE ISSUES • Delivering Disability Equality Training OUR WAY • Disability Awareness Training

18 SOCIAL MODEL A TOOL FOR EQUALITY • Delivering the Social Model of Disability in Wales 22 PAST AND FUTURE END OF AN ERA • The Disability Rights Commission ALL BEING EQUAL • Wales and the Commission for Equality and Human Rights

31 HUMAN RIGHTS THE HUMAN RIGHTS DIMENSION OF DISABILITY FREQUENTLY ASKED QUESTIONS • UN convention on the Rights of Persons with Disabilities

42 POEMS SHAKE, ROCK AND SHAKE AGAIN PURE WHITE LOUDER THAN WORDS

Published by © Disability Wales / Anabledd Cymru, Design: design@andydark 3 Bridge House, Caerphilly Business Park, Print: Cardiff Bay Press Van Road, Caerphilly CF83 3GW Editor: Penni Bestic Tel: 029 2088 7325 Fax: 029 2088 8702 Editorial Advisors: Maggie Hampton, Disability Arts Cymru; Sara MacKay, Disability Arts Cymru E-mail: [email protected] Disability Wales/Anabledd Cymru is a registered charity, No. 517391 and a Company Limited by guarantee, No. 1998621 unless More than Words are not necessarily the views of training on a range of issues training on a range of issues DW conferences and workshops Campaign Packs Consultation briefings • • • • (use announcer for minicom) -news E More than Words Tel: 029 2088 7325

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Disability Wales is the national association of disability organisations in Wales. is the national association of disability organisations Disability Wales The views expressed in monthly e-bulletin – DW twice yearly journal issues on disability Disability Wales articles from are welcome to reproduce You free membership pack regional network events Membership Information Service Strengthen the voice of disabled people in Wales voice of disabled people Strengthen the issues in power about disability Influence people people disabled towards Change attitudes life to participation in everyday Remove barriers people and control for all disabled Ensure choice for disabled people Bring about equality copyrighted to the author. Please contact Penni Bestic for further information. Please contact Penni Bestic for further copyrighted to the author. Braille, large print or Please contact us if you would like this magazine in either on disc or audio tape. please Welsh) If you would like to submit an article (in either English or reserves the right to edit any contact Penni Bestic. Disability Wales article submitted Copy deadline Issue 2: 9 January 2008 A chance for all disabled people in Wales to have a united voice at all levels of in Wales A chance for all disabled people Europe… government – local, Assembly, Westminster, A unique opportunity to network with other disability organisations and allies right A unique opportunity to network across Wales • • • • • • • • • • • • • for further information check out our website: www.disabilitywales.org or call us on: or write to us at: Disability Wales, Bridge House, Caerphilly Business Park, or write to us at: Disability Wales, Road, Caerphilly CF83 3GW Van Membership of DW provides:

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disability wales anableddmtw/mng/1 cymru ‘07 4 editorial Penni Bestic More than Words is a new venture for Disability Wales: it is designed to provoke debate and get everyone talking about issues that matter to disabled problems of taking the Social Model from people in Wales. The title is a reminder of theory into practice. She argues that for how we would like to see the commitment the Social Model to work effectively, its to disability equality carried forward by principles have to be embedded ‘within all institutions in Wales – More than Words. mainstreaming policies and practice’. Rhian Davies, Chief Executive of However, the threat that the Single Disability Wales, reminds us (page 7) that Equalities Bill brings is potentially many of those institutions still a have way dangerous to the teetering baby steps to go. She points out that over half of the made by institutions in adopting the Social local authorities’ Disability Equality Model, especially if it is to be Schemes had significant weaknesses. She mainstreamed into all equality practice. also questions whether the government’s Will Bee (page 22), until this autumn, is proposals for a Single Equalities Bill will the Director of the Disability Rights actually be able to deliver equality for Commission in Wales: we were a little wary disabled people. at the beginning but he proved to be a As well as these external debates on dependable friend and ally of Disability how best to deliver equality, there is an Wales. The relationship between DRC internal discussion (page 9) on the best Wales and Disability Wales blossomed. We way for disability activists to train non- found we could compliment each other: disabled people. Disability Equality there were things that we were free to say

Training is rooted in the Social Model of whilst they were bound by their political mtw/mng/1 ‘07 Disability. However, there are a small masters (and mistresses) to keep silent. number of groups in Wales firmly Will suggests that our relationship with committed to using simulation (putting the new Commission for Equalities and non-disabled people in, for instance, Human Rights (CEHR) will be substantially wheelchairs). In this issue of MTW we are different. He says ‘it will want to develop a reflecting upon some of the, at times new vision of equalities for a world of heated, debate taking place around Wales. multiple-identity’. And this means In January 2002, the Welsh Assembly Disability Wales positioning itself at the 5 Government committed itself to working core of any debate to ensure that disability to the Social Model of Disability. In her equality and the Social Model are article, ‘A tool for equality’ (page 18), embedded in the agenda and language of Miranda Evans, looks at some of the the new Commission. editorial Cover picture: “Mirror” by Francis Aviva Blane Neil Wooding writes (page 28) that the CEHR has the potential to transform how The cover painting is reproduced with we think about equality and human rights. the kind permission of BlindArt. They He also points out that we have to grasp find and fund a permanent collection of the new opportunities that the CEHR multi-sensory artwork, which is creates. However, it is up to us to ensure accessible to everyone, both physically that disabled people remain visible and are and emotionally. not side lined by the ‘more experienced’ www.blindart.net equality strands. In some senses, we have more of an opportunity in Wales to ensure About the artist that this does not happen. For many years, Blane’s work might broadly be called the different equality strands, from both expressionist. Her paintings encompass the public and voluntary sectors, have both figurative and abstract. They are been working together, recognising our about paint; paint is allowed to find its common concerns. natural space, it’s allowed to drip, it is It is important to remember that the squeezed and dragged straight from CEHR is not just about equality, because tubes. Her energetic, rough wrapped around our various struggles for brushstrokes and her use of sumptuous equality is the all-embracing issue of colours reflect sensuality and raw human rights. Dr Richard Light has been emotions. Exploring Blane’s work representing disabled people in the UK at through touch can bring us closer to the the United Nations as it forged the artist’s creative process. Blane Convention on the Rights of People with comments: “I want to break the surface Disabilities. down and mush it up. The paint than mtw/mng/1 ‘07 has its own integrity. It can either fall Although the language of the UN does into dissolution or become something not necessarily reflect our understanding more challenging. I should like to of the Social Model it is, nevertheless, an escape the tyranny of tradition”. important change at a global level in recognising the, sometimes appalling, situation of disabled people. The EASY READ Convention reminds us that millions of disabled people around the world are An Easyread version of More than 6 living in unimaginable poverty and many Words is available either on-line or face daily torture and abuse. Because of by getting in touch with Disability this we have a duty to ensure we make the Wales at [email protected] most of our own laws and institutions and make the CEHR work for us. or calling us on 029 2088 7325 DISABILITY EQUALITY Equality issues ’

Rhian Davies, Chief Executive, Disability Wales Equality and all matters related seem to be very topical. The DRC has recently produced a report on the Disability Equality Schemes (DES) produced by the 22 local authorities in Wales. The UK Government has published its ‘Green’ paper on the proposed Single Equalities Bill. The new Labour/Plaid Cymru Coalition Government devoted a whole chapter to Equality and Social Justice in its One Wales document. The Assembly recently launched formulating actions based on priorities or the European Year of Equality at the barriers identified by disabled people, Senedd. And preparations are well producing one year instead of three year underway for the introduction of the new action plans, no ownership of the Scheme Commission for Equality and Human Rights by the Chief Executive or Lead Member on (CEHR) in October. Equality and not providing the document Such attention to equality issues might in alternative formats. suggest that the veteran campaigners This of course was a first attempt for among us have done our job and can now everyone in producing DES’ and no doubt mtw/mng/1 ‘07 relax with a cup of tea and survey the fully we will all learn from this experience for inclusive society that we have helped to the future. Or will we? Worryingly, the create. Green Paper proposals on a Single Meanwhile back on Planet Earth not all Equalities Bill appear to water down the is as it seems. Of the 22 local authorities in disability duty. The proposed ‘Single Wales, the DRC concluded that seven Equality Duty’ narrows the principle of produced ‘creditable’ Disability Equality mainstreaming so that equality is seen as Schemes’, nine were ‘reasonable’ but with an add-on rather than ‘part of the day 7 ‘some significant weaknesses’ and six were job’. It will provide no statutory duty to ‘poor’ with ‘many significant weaknesses’. involve disabled people or to carry out In this context ‘weaknesses’ included lack equality impact assessments. Furthermore of involvement of disabled people, not only the CEHR will have the powers to DISABILITY EQUALITY ‘...my approach ’ to this Green Paper is that it challenge Equality Schemes whereas at does to disability present anyone can challenge a public rights what a body over its DES. Not surprisingly, Sir Bert Massie, Chairperson of the DRC has stated bulldozer does to that ‘my approach to this Green Paper is a building’ that it does to disability rights what a bulldozer does to a building’. In its final weeks, the DRC is strenuously arguing that wider and more diverse group of disabled the Government must strengthen its people and strengthen our campaigning proposals and urging disability role. Not all the funding for this will come organisations to help it by supplying from the Assembly and recent evidence of where the Duty has been disappointments in grant applications successful so far. aimed particularly at supporting members Of course from October we will no at regional level have been a major set longer have the support of a dedicated back. body like the DRC as the CEHR will take This calls into question to what extent over its functions. Loss of rights through the empowerment of disabled people the introduction of a new Single Equalities through self-organisation is a priority Act would be a further blow. Disability amongst funders. This is underlined by the Wales and its members must rise to the fact that some of our members have lost challenge that this brings of taking on a local authority funding and can no longer far greater lobbying role to ensure that operate at previous levels. These include the rights of disabled people are the Disability Welfare Rights Centre, North

mtw/mng/1 ‘07 strengthened and not sidelined. Wales and Llantrisant DIAL both of which At DW, we are highly aware of the need provide much valued information and to redefine our role in the face of such advice to disabled people in their area. new challenges over coming years. We are Others feel under threat of losing funding currently in the third year of our three- particularly if they challenge the actions of year core funding so like many other the local authority. Assembly funded national organisations So despite the apparent emphasis on must submit funding bids this Autumn. equality, we can not be complacent. 8 Consequently, Directors and Staff have Threats to our rights, loss of organisations recently carried out a Strategic Review and that champion our cause and, as yet, lack are busy developing new plans for the of full understanding among public bodies future. This includes how we can improve in delivering equality mean that our work services to our members, reach out to a is as vital and necessary as ever.  TRAINING OR TRAINING ’ Simulation or imitation Training for equality

Penni Bestic

Over the last few months there has been a heated discussion over the differences between disability

equality training mtw/mng/1 ‘07 and disability awareness training. In essence, DET is driven by the Social Model of Disability but the issues are more complex. The 9 following articles represent both view points and will, no doubt, lead to more debate. TRAINING OR TRAINING Disabled people ’ felt that training based upon the With the new Disability Equality Duty Social Model now mostly embedded into all public was the only bodies in Wales the call for Disability Equality Training is, as never before, in way to break the demand. But, what form does that training cycle of take: what is the difference between paternalistic Disability Equality Training (DET) and Disability Awareness Training (DAT), which attitudes training is most effective in delivering equality for disabled people? The experiences of disabled people in Wales have changed dramatically over the stereotypes of disabled people on their last twenty years. Although we are still head. striving for equality, the expectations of During the 1980s this new radicalisation disabled people are that they now believe led to what Mike Oliver (1986) termed the that equality is a birthright. ‘Social Model of Disability’. The Social These changes have been driven, in part, Model suggests that people are more by the Disability Discrimination Act 1995. disabled by physical and attitudinal As a direct result of this and subsequent barriers than by their impairments. Oliver disability legislation it is now unlawful to believed that being disabled by society is treat disabled people differently from about twin processes of discrimination and other citizens in a wide range of arenas prejudice, which restrict individuals with including employment, transport and impairment. mtw/mng/1 ‘07 access to goods and services. There is, of At around the same time a group of course, still far to travel: the number of disabled people began to offer training disabled people still living in poverty in based upon the Social Model of Disability. Wales still far exceeds non-disabled people. Up until then training required by, for Behind many of the changes were a instance, health departments was often group of highly motivated disabled people delivered by a mixture of disability who were watching the drive for equal charities run by non-disabled people, social opportunities for women, for people from service professionals and so on. 10 black and ethnic minorities. It seemed Disabled people felt that training based entirely logical then, around the mid- upon the Social Model was the only way to seventies, that disabled people should also break the cycle of paternalistic attitudes be treated equally. This politicisation of that framed so much of the lives of disabled people turned many of the disabled people. They, like other civil rights campaigners before them, believed that have that specific disability. Their trainer self-advocacy was part of the way forward may discuss medical details, which may be for disabled people. They stated that: connected with specific conditions, and “DET is premised on three main will cover issues such as etiquette and assumptions. First, that disabled people language. Someone may offer the training are a disadvantaged or marginalised with no personal experience of disability. group within society. Second, that Disability Equality Training explores the disabled people comprise a distinct concept of people being disabled by minority who themselves should initiate society’s barriers and attitudes, and lead social change for their group. highlighting the role of the organisation in Third, that DET should be guided by the the removal of those barriers and in the principles of the Social Model of changing of attitudes. The training may Disability.” include an element of ‘awareness’ - customer care, etiquette and appropriate Provision of Disability Equality Training in language for instance - but it is unlikely Scotland that simulation exercises will be used, save So were does that leave us today? On perhaps as a means of illustrating searching Google, there are over 74,600 particular barriers. The training will always entries for DET, with DAT exceeding be provided by a disabled person. 164,000 entries. Doing a random search of There are a number of discussions, at these entries it is sometimes hard to times heated, happening about which distinguish between the two: there are offers of DAT that, when you read what

they offer, are more akin to DET. Likewise, mtw/mng/1 ‘07 the DET offers are obviously not delivered by disabled people. All in all, a veritable minefield. However, despite this lack of clarity, it is important to try to understand the differences. On the whole, Disability Awareness Training tends to focus on the individual impairment or condition and will often use 11 simulation exercises (such as putting people in wheelchairs or blindfolding them) to encourage non-disabled people to have an idea of what it may be like to TRAINING OR TRAINING

’ The problem with simulation form of training is acceptable. Much of this debate focuses on the use of simulations. exercises is that There are groups in Wales who argue they provide a strongly that this is acceptable. one-dimensional “In Brecknock, just about all our picture of members approve of this type of exercise. At meetings with other groups disability… and individuals we rarely find any objection – in fact most people we have spoken to about it, both disabled and non-disabled, unreservedly support, and see the value of it. On the other hand a small minority have held up their hands There is no doubt that the former group is in horror, suggesting that such activity is absolutely committed to making lives ‘demeaning’ (I’m never sure whether it is better for disabled people. Groups who felt to be demeaning to the disabled, use simulation exercises consider them an non-disabled, or both!) and akin to bear effective way of demonstrating what it is baiting and the stocks in barbarity. These like to have an impairment for non- people tell us it is a fallacy that non- disabled participants. However, the real disabled people can be shown ‘what it is danger is that it can give non-disabled like to be disabled’ in this way.” people a false, and very limited, impression of what it is like to be a disabled person. On the other hand, a well known, Wales Nevertheless, DA trainers would argue that based, trainer Andrea Gordon says: mtw/mng/1 ‘07 their training does not only rely on this “As a DE trainer of some experience the method and that they use it in context idea of simulating other Disabled with other exercises and information people’s impairments is abhorrent, rude about disability. and pointless, where is the fundamental “The main point is, however, we are not respect we should have for each other’s silly enough to pretend that ‘simulation’ difference? I’d like it put on record that is anything more than providing a I, for one, have a very strong personal snapshot of how badly designed and un- 12 objection to people wearing blind folds, adapted buildings, cars parked on I would never sit myself in a wheelchair, pavements and dropped kerbs, and and pretend, or imagine, or just play at, goods and A-frames on pavements can not being able to walk, the very thought adversely affect wheelchair users and the makes my skin crawl…” visually impaired.” The problem with simulation exercises is way which seeks an alternative solution that they provide a one-dimensional to the discrimination inherent in the picture of disability even when it is oppressive environment or attitude.” provided with other information/exercises. Disability Equality Training – Trainers Guide; K It cannot begin to address what it is like to Gillespie-Sells, J. Campbell have a mental health condition or be a person with learning disabilities. Research There are a number of talented trainers: has shown that participants often describe people whose commitment to changing feelings of vulnerability, fear and the lives of disabled people cannot be disorientation (Finkelstein 1980, Kiger questioned. But DAT, however well 1992). This will lead to negative feelings intentioned, is not really the way to and/or one-dimensional views about what change attitudes towards disabled it is to be disabled. It can reinforce people. Non-disabled people may say they stereotypes of disabled people as either find simulation exercises useful but unless victims, worthy of pity, or tragic heroes. It they actually understand disabled is rather like asking a man to dress as people’s oppression as a rights-based issue woman to understand her years of then it could be seen as worse than oppression, what it is like to receive lower useless. The only way to really begin to pay because of gender or even experience understand the position of disabled domestic abuse. people is training based upon the Social It is possible to look at the experiences Model of Disability. of disabled people without using Finally, it is important not to dismiss the simulation: groups who deliver DA training. There are

“Experiential exercises, as opposed to talented individuals out there, each with mtw/mng/1 ‘07 simulations can, however, be acceptable, his or her own experience of disability. as they use real life examples of Rather we must continue to talk, to discriminatory events as part of the discuss, to debate the issues. However, if training. An example would be a case we are to change study of a person with epilepsy being societal attitudes and denied a job on the second floor of an convince non-disabled office block because they may have a fit people that the removal and fall down the stairs. Participants may of barriers is about 13 then be asked their feelings on the human rights then all subject and asked how they would react training must be based to such a situation. The answer can then upon the Social Model be given in a thoughtful and considered of Disability.  Penni Bestic TRAINING OR TRAINING Delivering’ Disability Equality Training activists who fought long and hard against disabled peoples’ oppression. Professional Understanding training delivered by an experienced disabled trainer gives all the right messages and has huge credibility; this is the issues us talking about our lives and experiences, not, as is so often the case, somebody doing it on our behalf. Andrea Gordon & Maggie Hampton Our inclusion in society depends upon our difference being valued, upon The disabled peoples’ movement in bridging the gap between legislation and the UK believes that Disability humanity. Disability Equality Training turns Equality Training (DET) is best delivered by the theory into practice and encourages appropriately experienced and skilled the exchange of views and sharing of ideas disabled trainers. This is not to say that that allows people to discuss and nobody else can support us in our ongoing understand. Talking directly to someone efforts to achieve equality of opportunity who’s experienced how it feels to be and social inclusion, the reasons, set out excluded, who knows for themselves what below, are more subtle and the outcomes it’s like to miss out on many of life’s far more significant. opportunities just because they cannot, for At the root of disabled peoples’ example, walk or hear is what really does oppression is the assumption that we are make participants want to work to achieve unable to speak for ourselves, and are change in themselves and their

mtw/mng/1 ‘07 dependent upon non-disabled people to organisations. take care of us and manage our lives. No The exclusion disabled people encounter matter how well-meaning non-disabled manifests itself in a variety of barriers, trainers may be, in establishing a ‘Disability some institutional, some physical, but Equality’ Training course led by a non- under-pinning them all is the undeniable disabled trainer, all of the old myths are fact that people and their attitudes perpetuated. We are seen once more to be influence for good or bad how many of helpless and needy, simply by virtue of the these we are able to overcome, and how fact that a non-disabled person is in control. 14 much effort it takes to achieve. Disability equality stems from disabled Participants on DET courses grasp this peoples’ fight for civil rights. Its principles concept, they “buy in to” how they can and foundation in the Social Model of themselves make a difference, and they do Disability were established by disabled this because they have learned how positive attitudes and their own Maggie Hampton is director of Disability contribution can and does help to address Arts Cymru the huge injustice and the struggle for Andrea Gordon a disability equality equality, disabled people live with every trainer day. 

Disability Equality Training

Disability Wales has 15-year track record in developing and promoting DET.

Our training explores the concept of people being disabled by society’s attitudes and barriers rather than a person’s impairment. The training will enable organisations to look at how barriers can be removed and attitudes changed.

DET will enable participants to:

Have a basic understanding of the key parts of the Disability Discrimination Act and the Disability Equality Duty.

Have an increased understanding of the barriers disabled people experience and how these barriers can be removed

Be able to explain the different models of disability and how they affect disabled people mtw/mng/1 ‘07

Be able to recognise the discriminatory language and the visual images that perpetuate the inequality of disabled people

Be able to recognise and react to situations to prevent discrimination

Have a positive attitude towards disability equality 15 All our training is delivered by disabled people

For further information on what training is available, please contact us at [email protected] or call us on 029 2088 7325 ’ TRAINING OR TRAINING Leaving aside for a moment this last point, we absolutely refute these criticisms. If it is so demeaning, why is it only a small Our minority thinks so? The main point is, however, we are not silly enough to pretend that ‘simulation’ is anything more way than providing a snapshot of how badly designed and un-adapted buildings, cars parked on pavements and dropped kerbs, Disability Awareness and goods and A-frames on pavements can Training adversely affect wheelchair users and the visually impaired. Where is the crime in John Phillips that? In any case, don’t airline pilots train on simulators? Should that be outlawed During the past few months, it has because it is not the same as actually flying become obvious to me that there is a an aeroplane? major diversion of opinion amongst some What concerns me most is the inward activists over the use of ‘simulation’, such looking and inflexible thinking and desire as ‘wheelchair pushes’ and ‘blindfolding’ to dogmatise issues that should be kept with non-disabled people. simple. There is no proof at all that In Brecknock, just about all our members PowerPoint or flip-chart presentations are approve of this type of exercise. At any more effective in changing peoples’ meetings with other groups and ingrained attitudes and assumptions about mtw/mng/1 ‘07 individuals we rarely find any objection – disability, or in making them aware of the in fact most people we have spoken to changes needed in policies and procedures about it, both disabled and non-disabled, that legislators currently pursue. We could unreservedly support, and see the value of equally argue that this type of training can it. On the other hand a small minority have in no way let non-disabled people know held up their hands in horror, suggesting “what it is like to be disabled.” that such activity is ‘demeaning’ (I’m never For myself if, for example, I had to deal sure whether it is felt to be demeaning to with a housing officer over adaptations 16 the disabled, non-disabled, or both!) and needed to improve a disabled person’s akin to bear baiting and the stocks in living conditions I would much prefer that barbarity. These people tell us it is a fallacy officer to have spent a half- or full day in a that non-disabled people can be shown wheelchair having to cook, go to the toilet “what it is like to be disabled” in this way. etc in an un-adapted dwelling than for under the impression that we are all Why can’t we supposed to be working for a more have an inclusive and enlightened society. What we have here is the opposite – a closing down inclusive and creation of dogma in order to exclude. approach to Why can’t we have an inclusive approach to training, recognising that many training, different approaches are equally valid, and recognising that where each has its place in the overall many different “rich tapestry of life?”  approaches are John Phillips is Chair of Brecknock Access Group equally valid…

him or her to have spent an hour or so

being lectured on what is the correct or mtw/mng/1 ‘07 incorrect terminology to use when talking to or about me. When I go to Brecon Social Services offices it would be gratifying to know that the staff had had to get there (just the once!) from another part of town in a wheelchair, or blindfolded with a cane. We know from our experience of dealing with police recruits that these activities leave a lasting, 17 and favourable, impression. When, not so long ago, I became involved in the disability movement I was ’ SOCIAL MODEL A tool for equality Delivering the Social Model of Disability in Wales

The disability movement has fought We would like to believe that the long and hard to get recognition of disability movement has played a key part the Social Model and encourage in encouraging these major institutions to individuals and organisations to adopt the take account of disabled peoples’ needs fact that society causes disability and not and work to the Social Model of Disability. our impairments. However, the cynic’s amongst us sometimes The Social Model of Disability has been have a slight suspicion that these stated and still is extremely empowering for commitments are no more than tokenistic disabled people. The term and philosophy gestures. Are the cynic’s right? was developed by the disability movement The Social Model concept is in the 1970’s and remains unchanged to recommended as an approach to disability date. The Social Model takes the onus of in a number of government policies and disability off the individual and directs it at strategies including the most recent the external factors – disabling barriers – Disability Equality Duty under the Disability which cause disability. Discrimination Act 2005, which covers the mtw/mng/1 ‘07 Over recent years, a great number of majority of public sector organisations. Has policy makers and health professionals this been the driving force behind so many have begun to acknowledge and recognise organisations adopting a Social Model the Social Model of Disability; and the approach to disability? philosophy of independent living. Several key public bodies and institutions in Wales have adopted the Social Model as a focus Do organisations really understand for their work on disability, for example, what they have signed themselves to? 18 the Welsh Assembly Government, the The evidence on the grounds suggests that Board of Community Health Councils and a number do not and continue to practice many local authorities including Cardiff traditional approaches to disability i.e. City Council, Gwynedd Council and focusing on impairment and not disabling Carmarthenshire Council to name a few. barriers. y Disabilit Model of The Social

A Welsh health trust recently developed a disability awareness course, which The Social Model of required participants to wear blind Disability – What is it? folds, use wheelchairs and sticks to gain an understanding of disability. The It is a positive approach to Trust did this with all good intentions. disability; it explains how However, they were unaware of how society disables people this approach contradicted their more than any impairment, commitment to the Social Model of learning difficulty or mental Disability. health condition a person Following discussions with Disability may have. Wales, the Trust gained a better Society is the problem, not understanding of the fundamental disabled people. People are concept of disability and we are mtw/mng/1 ‘07 disabled not by their pleased to say that they have now impairments but by a changed their approach. society, which creates disabling barriers; for example inappropriate There are, however, a number of environmental design or organisations that genuinely want to social arrangements. The promote equality for disabled people and Social Model focuses on are attempting to get it right. 19 removing these barriers to Nevertheless, there are others who seem to equality. state a commitment to the Social Model as a way of working, which appears to be no more than a superficial pledge. SOCIAL MODEL The evolving Social Model

There is what can be perceived as another ’ threat to the Social Model. It has become The evident that a number of organisations are Social taking it upon themselves to rename the Model of Social Model of Disability, taking the D ownership away from the disability isabilit movement and possibly diluting its power. y We are now hearing terms such as:

“The Social Model of inclusion” (Welsh Local Government Association) “The Social Model of equality” (Bridgend Council)

In light of the new Commission for “We want ‘more than words’ we Equality and Human Rights and a move want actions!” towards cross-strand working, many organisations are looking for something to Commitment from senior management is promote equality for all. It seems that vital in taking forward an organisation’s organisations want a tool to ensure equal commitment to the Social Model of and fair treatment for all and something, Disability. The principles of the Social which is not dependent on identity or, Model need to be embedded within all which label a person may have. mainstream equality policies and practice. Organisations are beginning to recognise This will show clear dedication and a true the Social Model and they do see it as a commitment to improving the lives of tool to achieve equality for disabled mtw/mng/1 ‘07 disabled people. people. However, we still have a long way Working within a number of to go before we actually see their organisations, there are dedicated commitments evidenced in practice. Very individuals who act as drivers in pushing few organisations are following through forward the implementation of the Social their pledge to the Social Model and quite Model. These individuals require the often, this is limited to only one or two support of senior management to departments/sections within organisations. implement fully any improvements to Organisations like the fundamental 20 working practice and service delivery. concept of the Social Model of Disability There can often be resistance to change however, they want to rename it in order and it can be difficult to implement any to make it relevant to everyone. Some changes without the full support and serious questions need to be asked. What influence of senior management. does the disability movement think of this? all departments/sections within Wrexham County Borough Council (WCBC) organisations and not just limited to one - Incorporating the Social Model and or two. We want to see transport; Independent Living into the commissioning economic development; education; of Social Services. housing; environment and countryside and WCBC has produced a commissioning so on recognising the Social Model and strategy for Social Services provided to applying to their policies and practice. We disabled people with physical & sensory need to change the focus from health and impairments and long-term neurological social care issues to the wider social conditions. It sets out a vision for context of disabled people’s lives: if the developing services in the period 2006-09. Social Model of Disability is the theory The strategy considers the provision of then Independent Living is services in Wrexham within a wider social the practice. and policy context, calling for fundamental change in the way that services for disabled And finally, the Social people are designed and delivered. Model must be seen as a means of delivering equality for all disabled Should the disability movement be people.  renaming the Social Model: is it time for Miranda Evans change? Should we be taking a stand, demanding that the Social Model remains exclusive to disability? Further Reading: Below is a small selection of articles on the Social Model of Disability. If organisations are embracing the ‘It looks good on paper’ by Pam Thomas, Greater principles of the Social Model there needs Manchester Coalition of Disabled People. Available to be a discussion as to whether it is a from http://www.gmcdp.com/Social%20Model03.pdf constructive way forward to address inequality. If it is, then the concept of the ‘The Social Model under attack’ by Anne Rae, Greater Manchester Coalition of Disabled People. Available Social Model may become embedded from http://www.gmcdp.com/Social%20Model01.pdf mtw/mng/1 ‘07 within the values of society at last. After all, is not this what the disability ‘Social Model or Unsociable Muddle?’ - Available from: movement wanted: for the Social Model http://www.social-model.org.uk/infolinks.htm#muddle way of thinking to become the norm? Coming soon DW publications: We need to see public bodies taking ‘Raise your standards: Apply the Social Model of hold of the Social Model at corporate level Disability - Delivering equality for disabled people in and driving the implementation process the public sector’. A Social Model guide for the public sector. throughout organisations. But, we also 21 need them to understand what the Social Promoting disability equality – a leaflet aimed at the Model means for disabled people before public sector on mainstreaming disability equality stretching it to fit other equality strands. throughout organisations. Implementation needs to take place across PAST AND FUTURE ’ End of an era The Disability Rights Commission 2000-2007

Will Bee

After just seven years, it seems Image from DRC premature to be writing the obituary of the Disability Rights Commission. Much of the time in our early years was spent learning what works, how to achieve change and bring about improvements in the lives of disabled people. In the last few years, we think we’re beginning to make real progress but in a few weeks time we’re going to shut down. Of course, it won’t be the end, others will pick up the fight for disability rights including the Commission for Equality and Human Rights and Disability Wales and towards the end of this article I offer some thoughts on how they may choose to take things forward. mtw/mng/1 ‘07

High hopes disability rights on the national agenda. When the DRC was launched, there were Unfortunately, we were to learn all too widespread hopes amongst disability rapidly that large businesses were much activists that there would be “blood on the too sensible to give us these high profile walls” as we took a flurry of Disability victories. Discrimination Act cases against large After 25 years of cases on sex and race 22 companies and government bodies. While discrimination they knew that fighting a perhaps we weren’t anticipating quite such DDA was an expensive way of buying bad legal carnage, we certainly expected to publicity. All too often cases would be take a number of high profile legal cases settled with a payment to the disabled with which to highlight the arrival of claimant and a confidentiality clause PAST AND FUTURE ’ keeping the media well away from any eliminate disability discrimination from story. Occasionally we would encounter a their employment or services in return for stubborn litigant who would fight through the DRC not pursing a formal investigation to the end but there were far too few against them. These have proved to be one people like the head teacher at Accrington of our successes and even some of the Grammar School who refused to believe he parties with whom we secured a Section 5 could be wrong until he had to pay £3,000 Agreement, such as Barnsley Premier to Tom Wright for banning him from Leisure, will talk positively about how the school trips, or Michael Leary at Ryanair experience enabled them to improve their who paid a similar sum to Bob Ross for services to disabled customers. None of charging him £18 for the use of a these agreements was made against an wheelchair at Stanstead Airport. organisation, which operates solely in In Wales, we struggled further to Wales. However, some of our later generate cases as calls to our Helpline in agreements against the Thistle and early years were significantly below the McDonald hotel chains should in time average for Great Britain as a whole. A bring benefit to disabled people visiting survey of advice services we conducted in Wales. 2003 described most of Wales as ‘an advice Another legal tool, which is starting to desert’. bear fruit, is the use of Formal Nationally we won some very important Investigations. Our first investigation into cases in the field of employment law, website accessibility has now resulted in a which significantly extended the scope of British Standard, which we hope will also the DDA. But cases such as Miekle and be the framework for European guidance.

Archibald, while they may have provided This FI illustrated that just as important as mtw/mng/1 ‘07 hours of happy debate for employment the investigation itself was the follow up law specialists barely raised a flicker in the influencing work to secure adoption of the national media. recommended changes. Our next investigation into health Alternative powers inequalities affecting people with learning disabilities and mental health issues in the In time, we began to use our alternative provision of primary healthcare services legal powers as well supporting individual has brought considerable successes. The 23 cases. Some cases, even though settled, Wales Assembly Government is running provided the catalyst for a Section 5 well ahead of the Department for Health Agreement whereby an organisation in England in implementing the agreed to a programme of work to recommendations. Regular health checks PAST AND FUTURE The employment ’ gap between disabled and for people with learning disabilities and non-disabled people with mental health issues are now people has part of the GP contract. The Assembly Government is now starting work on a closed Public Health Strategy and the formal consistently by investigation has given us the tool to 1% a year ensure that disability and also wider equalities issues will be one of the central throughout the planks of this strategy. DRC’s lifetime.

Influence In addition to the use of our formal legal tools, the DRC has put much emphasis on the work that falls under the general campaigning activity with more focused heading of “influencing”. The gradual political lobbying, most notably in securing implementation of the DDA 1995, the DDA 2005. In Wales, the most notable Special Educational Needs and Disability Act success has been the introduction of Access 2001 and DDA 2005 have all provided Statements and a regime, which is notably ‘hooks’ on which the DRC has run a series of more robust than in England. We must campaigns. Education; the Built however fully acknowledge this was not a Environment; Employment; the Disability DRC initiative alone and others, including Equality Duty and lastly Transport have all Disability Wales, played an important part been areas of activity where we’ve sought mtw/mng/1 ‘07 in achieving this change. to promote awareness of rights amongst disabled people and an understanding of duties amongst employers and service Partnerships providers. A distinctive feature of the way in which Frustratingly the sheer frequency in the DRC has worked in Wales has been to which the new duties have been develop partnerships. “Barriers Coming implemented has meant we’ve often Down” with the Wales Assembly moved from one campaign straight to the 24 Government in 2003 was a useful precursor next without adequate time to follow up to our own Open for All Campaign about our message and ensure there is no the new physical features duties of the backsliding in later years. DDA, which came into effect in October We’ve often complemented the public 2004. Open for All activity was delivered in Environment is getting more accessible to partnership with both the Welsh Local those with physical impairments. I well Government Association (WLGA) and the remember our first meeting in a hotel in NHS Centre for Equalities and Human Wrexham whose claims to be accessible Rights in Wales. With the help of these were woefully exaggerated. A few years organisations, we were able to reach every ago, we returned to Wrexham but were local authority, every local health board forced to meet in an old and rather drafty and every NHS Trust in Wales with our key church hall. This year we’ve been able to messages, a level of coverage which could use a 4 star hotel with a high level of not be replicated in England or Scotland. accessibility. Although our transport We followed a similar path in promoting campaign has focused on England where awareness of the Disability Equality Duty accessible vehicles and infrastructure are and this must have played a significant more common, there are growing numbers role in ensuring 100% compliance with the of accessible buses and trains in service in requirement to produce a Disability Wales. Equality Scheme amongst those public bodies required to do so. Working with Disability Wales What’s vital of course is that pressure to Progress for disabled people? maintain and accelerate these At the end of all this activity there are improvements continues after we’ve gone. some encouraging signs of progress. The The DRC in Wales has always recognised employment gap between disabled and the importance of a strong and active

non-disabled people has closed consistently network of disability organisations. In mtw/mng/1 ‘07 by 1% a year throughout the DRC’s particular we’ve seen Disability Wales as a lifetime. No doubt much of the credit for key partner. When the DRC opened this lies in a prosperous economy but Disability Scotland rapidly closed and hopefully many of those who have secured RADAR faced a financial crisis which jobs will now have been in employment required it to operate for some time under long enough that they won’t be first to be the umbrella of a housing association. In made redundant should we face a contrast, we’ve been delighted to see the recession. continuing success of Disability Wales. 25 Similarly, the gap in attainment of One of my very first meetings as Wales qualifications between disabled people at Director of the DRC was with the then all levels continues to shrink, although Disability Wales Director, Howard John, again progress is painfully slow. The Built who was keen to negotiate a PAST AND FUTURE CEHR will develop ’ its own approach to involving memorandum of understanding with the stakeholders and DRC. His first draft envisaged the DRC it will be giving up the right to work in many areas, which he felt should be Disability Wales’ important that sole territory. We eventually negotiated a disability much more balanced document, which organisations recognised that in a number of areas our interests and activities would overlap but watch this and what was crucial was that we collaborated take the rather than competed in our efforts. opportunities Pleasingly, I don’t think either of the organisations have ever had cause to look presented. at this document since. We’ve shared information and intelligence and frequently collaborated over initiatives. Most notably the DRC was the major focussing on only one equality ‘strand’. sponsor of the last Disability Wales Disability organisations wanting to engage Conference. the support of CEHR for their work will It now falls to Disability Wales and its need to emphasise the wider equality member organisations and other disability benefits of the work beyond disability. activists to keep up the pressure on other CEHR will develop its own approach to providers of public services to maintain involving stakeholders and it will be improvements in accessibility and the important that disability organisations mtw/mng/1 ‘07 quality of service for disabled people. The watch this and take the opportunities Disability Equality Duty should provide a presented. In this way, it will be possible to key tool to influence public sector bodies influence the debate about where the in particular. level of disadvantage is most intense, and therefore a priority for the CEHR to address. Commission for Equalities and I would anticipate that there will be Human Rights considerable emphasis on using research 26 The CEHR will be different from the DRC in data to inform the CEHR’s strategy. many ways. It will want to develop a new However most of the current data focuses vision of equalities for a world of multiple- on employment and education. Although identity. For a while, at least it will be very these are important issues for those cautious about work that could be seen as campaigning for disability rights, it will Image from DRC

To get the best from its resources it will need to focus on a small number of disability specific projects. Where possible disability work will need to be built into the core of CEHR projects, and indeed much of the focus of the disability programme team may focus on achieving that outcome. Disability organisations are likely to have an important role in achieving this outcome, supporting the Committee rather than giving in to the temptation to criticise the Committee for its failure to become a mini DRC. also be important to ensure that evidence Exciting times about the problems of an inaccessible built The past seven years have been a very environment, or access to information in exciting experience for me. I’ve worked suitable formats are not overlooked with some great people within and outside because of the absence of research data. It the DRC. We’ve learned a great deal about will also be important to note that much the process of attempting to bring about of the research undertaken uses different social change, including of course that it is definitions of disability which can produce a very slow process. We’ve had some

findings of questionable credibility. mtw/mng/1 ‘07 successes and some failures. But I believe Monitoring these sort of issues, although that our work has seen a step change in technical, may prove to be significant in the recognition of disability rights. I’m sure ensuring that the CEHR pays sufficient we won’t lose the attention to disability. progress we have made. The CEHR will have a Disability However what I really Committee with a staff team to deliver a hope is that the CEHR, programme of work on disability issues. with the support of While this is an important recognition that disability rights activists, 27 the disability rights agenda lags behind the will exceed what the race and gender rights work, the DRC has achieved, and programme will inevitably be much less the pace of change will extensive than that delivered by the DRC. accelerate.  Will Bee ’ PAST AND FUTURE

All being equalDavid Toole, dancer

Wales and the Commission for Equality and Human Rights Dr Neil Wooding mtw/mng/1 ‘07 This article shares some thoughts on a new innovative and untested ways. number of central themes about the However, the principle that everyone has a way in which we might move forward the right to be treated equally and their equality and human rights agenda in Wales differences acknowledged and valued beyond the establishment of the new within the communities in which they live Commission for Equality and Human Rights. lies at the heart of this change. The Commission represents the potential The recently published Equalities Review 28 for transforming the way in which we made an attempt to set out a clearer think about and address equality, human understanding of what we should mean by rights and social justice issues. There are the word equality, although it has been clearly risks involved in trying to address met with a mixed reception, the document age old inequalities and mistreatments in has helped to begin a much broader debate about how we build a shared opportunity to address the multiple understanding of equality and human nature of inequalities that affect people, rights. in a unified and integrated way. For One of the challenges for the new instance if you happen to be gay and Commission will be to lead on that task, disabled or disabled and from a black or tackling discrimination and disadvantage ethnic minority community, then having and promoting the importance of human access to support to deal with both of rights; explaining and articulating a vision these issues in an holistic way that of a country at ease with all aspects of its acknowledges the complexity and diversity, built on fairness and respect for connectedness of peoples’ will be all. important. This recognises that individuals come in complex packages The Commission has significant potential and not in simple categories of to affect the lives of disabled people in difference. Wales in three ways: A quotation I often use when describing  Firstly the establishment of a Wales this principle is, ‘Gender reaches into Committee with a number of important disability, disability wraps around class, powers will help to ensure that the class strains against abuse, abuse snarls Commission’s agenda in Wales is into sexuality, sexuality folds on top of race relevant, appropriate and measured in and everything finally piling into a single relation to the needs of people living in human body.’ This for me captures the Wales. This important opportunity to enormity of our task, the connectivity self-determine priorities and principles between different types of mistreatment will ensure that the needs of disabled and the importance of recognising the mtw/mng/1 ‘07 people are given priority when planning unique differences that define who we are the annual programme of work. as human beings. In my experience, there  Secondly, Wales has a rich and vibrant can often be a dislocation between the history of third sector involvement of real life experiences of individuals and the which the disability movement has been way in which services are provided or offer a part of. The Commission intends to protection from discrimination and build on this important legacy by inequality. The CEHR can help to renew working in partnership with the emphasis upon designing services for 29 organisations and individuals difference and not manufacturing for representing the authentic needs of sameness. different communities of interest. In Wales we must also be cognisant of  Thirdly, the Commission will provide the the Disability Committee which has wide PAST AND FUTURE

‘Gender reaches into ’ disability, disability wraps around class, am confident that this will not be the case. class strains against I am a strong advocate of bringing people abuse, abuse snarls and communities of interest together to share ideas and create opportunities and into sexuality, ways in which we can influence change. sexuality folds on top The new Commission will have greater of race and flexibility, independence, power and resources than any of the heritage equality everything finally Commissions have enjoyed – our ambition piling into a single must match this.  human body.’ Dr Neil Wooding Neil has spent much of his delegated powers, reflecting the need for career working with specific arrangements and expertise on organisations across the UK to disability. This is particularly important in promote Equality and Human the Commission’s first years of operation. Rights. He was the first Equality The Committee will create an effective adviser to be appointed in framework to ensure continuity of relevant Wales and during the course of expertise and experience on disability his career successfully established the NHS rights and to implement the complex and Centre for Equality and Human Rights. He is significant programme of disability currently the CEHR Commissioner for Wales, legislation. A meaningful relationship will the Equal Opportunities Commissioner for mtw/mng/1 ‘07 need to be built across the statutory Wales, a Trustee of the National Aids Trust and committees based on trust, mutual respect a Non-Executive Director of South East Wales and a willingness to work together. Race Equality Council. He is the Director of I could not write this article without Public Service Management Wales, an reflecting on the contribution of the organisation set up by the Welsh Assembly Disability Rights Commission in moving Government and public service organisations forward the equalities and human rights for the purpose of building leadership and agenda in Wales. Understandably there managerial capacity. He was, until recently, the 30 will be a feeling of unfinished business and Co-Chair of Stonewall Cymru. Neil is a Fellow concern that the Commission will not be of the National Centre for Public Policy and a giving priority to the issues the Disability respected authority on Equality and Human Rights Commission have worked so hard to Rights issues. He lives with his partner in address. However over the course of time I South-east Wales and co-parents two children. HUMAN RIGHTS ’ The human rights dimension of disability

Dr. Richard Light OBE 1. Richard Light is a disabled photo UN human rights activist and campaigner who has been involved in the disability movement for almost 20-years. He was nominated to represent disabled Britons (by organisations of disabled people) during negotiation of the UN disability convention. The following articles, by Dr Light, remind us that we are all part of disabled people’s struggle for human rights internationally. mtw/mng/1 ‘07

In the past, disabled people suffered from a relative “invisibility”, and tended to be viewed as “objects” of protection, treatment and assistance rather than subjects of rights. Because of this approach, disabled people were excluded from mainstream society, and provided 31 with special schools, sheltered workshops, A boy and his pet in Kathmandu, Nepal. and separate housing and transportation on the assumption that they were incapable of coping with either society at ’ HUMAN RIGHTS large or all or most major life activities.  the concept of autonomy or self- They were denied equal access to those determination, which is based on the basic rights and fundamental freedoms presumption of a capacity for self- (e.g. health care, employment, education, directed action and behaviour, and vote, participation in cultural activities) requires that the person be placed at the that most people take for granted. centre of all decisions affecting him/her; A dramatic shift in perspective has been  the inherent equality of all regardless of taking place over the past two decades, difference; and disabled people have started to be  the ethic of solidarity, which requires viewed as holders of rights. This process is society to sustain the freedom of the slow and uneven, but it is taking place in person with appropriate social supports. all economic and social systems. The rights-based approach to disability essentially means viewing disabled people The United Nations action as subjects of law. Its final aim is to in the field of disability empower disabled persons, and to ensure This shift to a human rights perspective has their active participation in political, been authoritatively endorsed at the level economic, social, and cultural life in a way of the United Nations, and is reflected in that is respectful and accommodating of several developments, which have taken their difference. This approach is place at the international level since the normatively based on international human proclamation, by the General Assembly, of rights standards and operationally directed the year 1981 as the “International Year of to enhancing the promotion and the Disabled” under the slogan “Full mtw/mng/1 ‘07 protection of the human rights of disabled Participation and Equality”. people. Strengthening the protection of human rights is also a way to prevent In 1982, the General Assembly adopted disability. the World Programme of Action concerning Disabled Persons, which set the Four core values of human rights law are guidelines for a world strategy to promote of particular importance in the context of “equality” and “full participation” by disability: disabled people in social life and  development. As a follow-up to the World 32 the dignity of each individual, who is deemed to be of inestimable value Programme of Action, the General because of his/her inherent self-worth, Assembly adopted in 1993 a resolution and not because s/he is economically or entitled “Standard Rules on the otherwise “useful”; Equalization of Opportunities for People with Disabilities”. Nations Special Rapporteur on Disability, to The Standard Rules explicitly take the examine measures to strengthen the International Bill of Human Rights (which protection and monitoring of the human comprises the Universal Declaration of rights of disabled people. Human Rights and the two international Following to that request, the Office of Covenants on Economic, Social and the High Commissioner developed a Cultural Rights and Civil and Political programme aimed at enhancing the Rights) as their political and moral human rights dimension of disability, foundation (para. 13). It constitutes an which aims at: important reference guide in identifying  encouraging the integration of disability the relevant obligations of States parties issues in the activities of treaty- under the existing human rights monitoring bodies and human rights instruments. They aim at ensuring that extra-conventional mechanisms (e.g. “girls, boys, men and women with Special Rapporteurs to the Commission disabilities, as members of their societies, on Human Rights); may exercise the same rights and obligations as others”, and require States  supporting the elaboration of a new to remove obstacles to equal participation thematic Convention on the human (para. 15). rights and dignity of disabled people; Also in 1993, the Vienna Declaration for  strengthening collaboration with the Human Rights reaffirmed that “all human Special Rapporteur on disability of the rights and fundamental freedoms are Commission for Social Development and universal, and thus unreservedly include other United Nations specialized disabled people”, and placed the active agencies active in the area of disability. mtw/mng/1 ‘07 participation of disabled people in all Integrating disability further into the work aspects of civil society explicitly in a human of existing human rights mechanisms and rights context. elaboration of a new convention should be seen as complementary approaches. Together with continuing efforts to Office of the High Commission on address the social development dimension Human Rights’ mandate of the problems faced by disabled people, In its Resolution 2000/51 on the human this constitutes the so-called multi-track 33 rights of disabled people, the Commission approach advocated by the High on Human Rights requested the United Commissioner for Human Rights.  Nations High Commissioner for Human Rights, in cooperation with the United From un-convention.info HUMAN RIGHTS ’ Frequently asked questions

2. This article provides personal The UN responses to questions that have Convention on frequently been put to me by disabled people and/or our representative the Rights of organisations. I have tried to deal with as many issues as possible, balancing the need Persons with for accurate answers with my own experience of human rights mechanisms Disabilities and government responses to them; I do not believe there is a much value in providing textbook answers to the The following is an questions. Finding out what should extract of Frequently happen is fairly straightforward, explaining Asked Questions why things may - or may not - happen as concerning the they are supposed to is, I hope you will Convention on the Rights agree, more useful. of Persons with mtw/mng/1 ‘07 The issues dealt with here, have also Disabilities. Its appears in been affected by the appearance of a full on www.un- ‘frequently asked questions’ page on the covention.info UN Enable web site (www.un.org/esa/socdev/enable/convinfofa q.htm), which I would wholeheartedly recommend that you visit. This UN site increasingly provides an unparalleled resource on disability and human rights. 34 Whilst it has been clear that all adults were entitled to equal enjoyment of our human rights, both experience and evidence have shown that this is a goal yet Nphoto UN

monitoring - of the International Bill of Human Rights (Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols), that race, gender, childhood and disability were mainstreamed in the existing framework. Nonetheless, the international community felt it appropriate to negotiate separate treaties, for what had been considered ‘minority’ interests, since 1966. These existing treaties, including the recently adopted disability convention, do not mean that they will never be mainstreamed; the expansion, protection and promotion of human rights is very much a ‘work in progress’, an evolving thing that will continue to A teacher, also blind, assists a student at develop and mature, not least through the the UN's School for the Visually Impaired work of the various treaty monitoring People in Gaza. bodies (the Human Rights Committee, for example) at the UN and through the

European Court of Human Rights, in mtw/mng/1 ‘07 to be achieved. Prior to the disability Strasbourg (for members of the Council of convention, there were a number of Europe, including the United Kingdom). conventions which sought to address Whilst there will, undoubtedly, be some discriminatory barriers to the equal that will claim that the disability enjoyment of human rights, including convention is nothing more than political discrimination based on race, colour, correctness (as many did after the BBC descent, or national or ethnic origin, reported the UK’s signature of the discrimination against women and Convention on 30 March), the extent to 35 children. which disabled people’s human rights have I confess that I would have preferred to been ignored - including the right to life - ensure that all sections of society were should not be underestimated. It will come represented within the mechanisms - and as a surprise to many to learn that human HUMAN RIGHTS Political ideologies ’ and vested interests have repeatedly rights abuse is not confined to poor states ‘co-opted’ (or, in other regions, but remains a significant perhaps, more problem in the UK and other European States (see, for example, ‘The consideration accurately, missing behind closed doors’, Guardian, ‘hijacked’) the Wednesday April 11, 2007 and Mencap’s report: ‘Death by indifference’). progressive Whatever the alternatives, I view the language and international community’s (through the ideas of social UN) elaboration of a disability-specific movements. convention to be a vitally important restatement of disabled people’s equal right to the enjoyment of human rights and, perhaps more controversially, people were entitled to the equal acknowledgement of our very humanity - enjoyment of our human rights for as long something that evidence shows has been as everyone else (1966), so whilst this repeatedly denied or ignored by some. Convention implicitly acknowledges that such equal entitlement does not exist, only time will tell whether states that ratify What difference will the Convention have the will to ensure implementation. make? What I have said so far may be seen as Only time will tell. implying that disabled people have to The Convention categorically reaffirms that accept passively their state’s compliance - mtw/mng/1 ‘07 disabled people are fully entitled to enjoy or non-compliance - with the Convention, our human rights on an equal basis with but nothing could be further from the others; I used the phrase “reaffirms” truth. If disabled people abdicate deliberately: the Convention does not responsibility for monitoring create any new rights; it merely seeks to implementation of the Convention to the ensure that disabled people are better able government or its nominees (the to enjoy rights that have, demonstrably, Commission for Equality and Human been denied us. In theory, states that sign Rights, for example), it would be surprising if the obligations were met at all or in 36 and ratify the Convention are agreeing to be bound by its terms and to ensure its what we would consider an acceptable implementation. period. However, as has been repeatedly stated However, quite apart from any quasi- by UN agencies and conferences, disabled legal benefits provided by the Convention, it offers substantial political and consequence however; let me give you an campaigning benefits, if we are prepared - example: some years ago, I was invited to and have the capacity - to use them. speak about human rights in Portugal. My Indeed, addressing the shortage of slot was immediately after a presentation adequately resourced representative by a representative from the Office of the organisations of disabled people is, UN High Commissioner for Human Rights arguably, the first requirement of effective who suggested that the development of a implementation. human rights and disability dialogue meant that disabled people had to learn the language of human rights. Are there risks associated with the That is certainly one interpretation but, Convention? as I pointed out when I began my Political ideologies and vested interests presentation, there is another way of have repeatedly ‘co-opted’ (or, perhaps, looking at it: it is for human rights more accurately, ‘hijacked’) the progressive agencies to make their work meaningful language and ideas of social movements. to the people they presume to protect. Consider the extent to which spouting My comment was not intended to be a ritualistic mantras too often replaces ‘putdown’, but to highlight the fact that tangible outcomes - the triumph of those whose human rights were most rhetoric over reform - and there is every vulnerable appeared, in my view, to be the reason to suppose that something similar least likely to be able to engage in a will be attempted with the lofty ideals legalistic technical discussion of human contained within the Convention. rights. Nor for that matter should they

Having created an artificial category of need to, because the alternative is to trot mtw/mng/1 ‘07 ‘the disabled’, bureaucrats and out completely inappropriate clichés about professionals founded an industry to helping those who help themselves when, manage the problems created. A if it is to be meaningful, human rights predictable risk with the Convention - a protection must be available precisely to human rights treaty - is that an expanded those least able to help themselves process of professionalisation will see yet (because, for example, they are imprisoned more ‘experts’ insinuate themselves and denied any contact with the outside between government and disabled people world). 37 (another example of the reason why it is Governments may also co-opt their important to have ‘professionals on tap, preferred sections of the Convention - rather than on top’!). employment, for example - to pursue I do not believe that this is an inevitable political aims, forcing disabled people into ’ HUMAN RIGHTS low paid and/or demeaning jobs or means that I approach my continued workfare programmes, rather than involvement with government (much ensuring equal access to meaningful reduced since the final session of the UN education or careers, for example. Ad Hoc Committee) as being a ‘critical The only defence against the risks voice from outside the Westminster associated with the Convention is active village’. Such involvement is not party- and adequately resourced representative political, I have previously - and expect in organisations of disabled people, as the the future - to work with or lobby Convention itself makes clear. ministers of any political persuasion; the imperative to ensure that all Britons can enjoy their human rights on an equal basis Is the government committed to both continues, irrespective of individual the letter and the spirit of the ministers or General Election results. Convention? The more time that passes between the UK’s signature and ratification of the That is a question, which you need to put Convention suggests, however, that the to the Government and not to me. commitment of some sections of I know from previous contact that the government to disabled Britons’ human Minister for Disabled People - Anne rights is not universally shared across McGuire - is committed to seeing the UN Westminster. Convention through from signature to Responses to questions in both the implementation in the UK. Were this not House of Commons and the House of Lords the case, I would not be continuing to carefully avoid giving any undertakings or work with the government but would, mtw/mng/1 ‘07 a clear ratification timetable, in fact recent instead, be criticising it (loudly) from the debates in the House of Lords suggests outside. that the Government is now hiding behind its membership of the European Union as a way of deflecting questions and criticism. So does this mean that you are The European Commission, as part of the completely content with what the formal process of allowing EU ratification government is doing? of the Convention, will report to the The short answer is "no". Council of Ministers sometime in 2008 and 38 Disabled people have endured it now seems that the UK will not ratify discrimination and a lack of respect for our the Convention before the European human rights for so long that there is a lot Commission reports to the Council. of ground to make up. Inevitably that The justification for such delay escapes Nphoto UN

Students at the school for the visually impaired in Gaza me, whilst it is true that all EU member of Lords appear to suggest that the states have legal obligations under Convention popped out of the ether in Community law, it is equally true that it is December 2006, rather than being a treaty states - rather than regional governmental that - by its own admission - this organisations (like the EU) - that are government was intimately involved in parties to multilateral international drafting. It is surely not being suggested treaties (like the disability convention at that there has been no review of proposals the UN). made throughout negotiation of the Much will undoubtedly be made of Convention? ‘shared competency’ (those areas of My assessment of this government is domestic law for which EU member states rather like my school reports: ‘could do have to comply with European Union better’: mtw/mng/1 ‘07 standards), as there is every indication that the European Union will, itself, formally Signature of the Convention has been acknowledge the disability convention I achieved, but that is not enough. The confess to being more than a little puzzled Government could and should do more, by our government’s recent statements not least publish - and actually meet - early about ratifying the Convention. schedules for guaranteeing that the letter and spirit of the Convention are applied Much is also made of the complicated and adopted in this country. process of ensuring that UK law complies 39 with the Convention obligations which, as The Government must sign the Optional the Foreign and Commonwealth Office Protocol to the disability convention; it is web site shows, is justified. However, simply not credible to trumpet a references to this complexity in the House commitment to human rights but reject HUMAN RIGHTS ’ photo UN to come to an early understanding of how the Convention is designed and the way they will be required to think about - and act in relation to - disability and disabled people. So there is an awareness issue within national and local government which also needs to be urgently addressed. I do not underestimate the size or complexity of the task. The process of getting an international convention ratified is not something that should be pushed through on the nod, not least because to do so provides a very clear A school for disabled young indication that the government concerned children in Wsahington D.C. is either supremely confident of its ability to meet the Convention obligations, or entirely indifferent about meeting those the idea that the UK is open to individual obligations. Nonetheless, I still have and impartial assessment (through the concerns that things are not moving as Treaty Monitoring Body) in individual quickly as they should, particularly with so cases. much attention on relevant policy areas The government needs to pick up since Gordon Brown became Prime greater speed - and efficiency - in Minister (a Bill of Rights, reducing reliance

mtw/mng/1 ‘07 providing disabled people with on Orders in Council and increasing the information we can use about the role of Parliament in areas for which such Convention’s benefits and it needs to get Orders are currently used, a renewed on with consulting disabled people - ‘welfare to work’ agenda and, not least, through our democratic and representative suggestions that the Prime Minister will organisations - about the promotion, call an election early in 2008). implementation and monitoring of the In the final analysis, it does not matter Convention. how complicated the process, recent 40 The Government has an equally urgent events have shown that political decisions task with its civil servants and the with dramatic effects and substantial cost enormous range of executive agencies and can be made quickly, it is a matter of non-departmental public bodies. All priorities and the will to make things Departments and public authorities need happen that counts!  Disability Arts Cymru

Disability Arts Cymru believes that Disabled & Deaf People have an exciting and valuable contribution to make to the arts in Wales. They are committed to working with individuals and organisations to celebrate the diversity of Disabled & Deaf People's arts and culture, and develop equality across all art forms.

Hidden Dragons: New Writing by Disabled People in Wales, edited by Allan Sutherland and Elin ap Hywel. The poetry in this edition is Funny, sad, passionate, tender, sarcastic, intimate, angry, nostalgic, a from Disability great variety of writers; each with their own writing style, their own Art Cymru’s experience of life, and their own idiosyncratic outlook. All of them are Hidden doing the writer's job of telling the truth as they see it. Dragons, a “…fantastic - such a wealth of competent, articulate disabled collection of voices, and some of it even in Welsh! For anyone who enjoys writing by good writing and poetry especially, I urge you to get a copy.” disabled MAT FRASER, WRITER, PERFORMER, MUSICIAN people living in Wales. If you This groundbreaking book - the first of its kind in Wales - has given have writing, the opportunity for the voices of disabled people in Wales to be heard short stories or through their writing. poetry, that you Hidden Dragons is available from bookshops for £7.99. would like to ISBN 1-902638-39-5. submit for the winter issue, It is also available in large print, Braille, on audio tape, and on CD-Rom please contact from Disability Arts Cymru. Get in touch with us to find out more. Penni Bestic at Disability Wales. Short stories Disability Arts Cymru Telephone & Textphone: 029 2055 1040 Sbectrwm should be no Fax: 029 2055 1036 Bwlch Road Email: [email protected] longer than 700 Fairwater www.dacymru.com/ words. Cardiff CF5 3EF POEMS Shake, Rock and Shake again ’ This Swaying (but she is so young) Woman Goes Swimming Glynnis Buckham swimming in a warm pool on a cold October day who wouldn’t enjoy the experience? Laurie Simmons In the car park she searches for sky blue badges, marking the ‘special’ place. instead, white vans delivering towels and cake have invaded her ground. at the entrance, she performs a stylish version of ‘rock, shake and slam shut’ with the wide automatic doors. she has been practising. this wild dance ends, she makes an entrance. no red satin and fanfares here just a whiff of disapproval. heavy double doors guard the pool where swimmers, like seals, raise their heads

mtw/mng/1 ‘07 watch her move to the pool watch her fix her glasses two women, deep in conversation Glynnis brought up in breast-stroke slowly across the pool Penrhyndeudraeth, now a ‘what’s wrong with her then?’ Swansea resident. Glynnis has taught, travelled and will moving through the pool worked in mental health fix things, make her as she was? services. 42 under the water First published in quick shadows change shapes Hidden Dragons – new no need for repair here writing by disabled people her movement is as she wants in Wales. constantly changing Pure White

Sara Beer I will sit in the park and worry children as I talk to the birds and the trees when I am old. I will dye my hair not red or black but pure white so there is no doubt that I am old. I will sing loudly all the bits of Abba songs that I can remember when I am old. Because I am not old I shouldn’t offend my children by singing to loudly songs that make them cringe. Because I am not old I must try to conform and appear interested in things that actually bore me. Because I am not old mtw/mng/1 ‘07 I can enjoy planning how I am going to behave Sara Beer lives in Cardiff with when I am old. her husband and two sons. Before having a family, she worked as an actress and performed with Graeae Theatre, Hijinx and Theatr Iolo. 43 First published in Hidden Dragons – new writing by disabled people in Wales. POEMS ’ Louder than words Pauline Conneff We never spoke of dying as if biting our tongues and denying eye contact was the undiscovered cure. We talked about your knitting and how your nails had grown at length. You mentioned Diana Dors in passing and briefly wondered if the love of your life would follow Alan Lake. On the last day you took off your mask and held my hand as if I were a child again. We cried together because I’d lost a five pound note. We never spoke of dying as if biting our lips and lying with our eyes

mtw/mng/1 ‘07 was the answer to eternity. Woodcut: Martin Walker

Pauline Conneff lives on Deeside and has been writing since the 1980s. She writes poetry, prose and plays, some of which have been published or have won prizes. 44 First published in Hidden Dragons – new writing by disabled people in Wales. Anabledd ac iaith Canllawiau defnyddio terminoleg anabledd Disability & language Guidelines for the use of disability terms

Lowri Williams a Delyth Prys

“We have two principal languages in Wales: Welsh and English. It is important that we use both languages in a way that minimises offence and positively reinforces the new disability rights culture in Wales.”

“Mae gennym ddwy brif iaith yng Nghymru: Cymraeg a Saesneg. Mae’n bwysig ein bod yn defnyddio’r ddwy iaith mewn ffordd sy’n lleihau tramgwydd ac yn cryfhau’r diwylliant hawliau pobl anabl yng Nghymru.”

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Cynhyrchwyd yn y Ganolfan Safoni mtw/mng/1 ‘07 Termau, Prifysgol Cymru Bangor ar gyfer Anabledd Cymru gyda chymorth ariannol Bwrdd yr Iaith Gymraeg a’r Comisiwn Hawliau Anabledd yng Nghymru Disability Rights Commission Produced by the Welsh Terminology Centre, University of Wales Bangor for 45 Disability Wales with financial aid from BWRDD YR IATH the Welsh Language Board and the GYMRAEG•WELSH Disability Rights Commission in Wales LANGUAGE BOARD Disability Wales On-line

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We can help with these kinds of problems if you live on a a low income or benefits Gallwn helpu gyda’r problemau hyn os ydych yn byw ar incwm isel neu ar fudd-daliadau design @ andydark Call us now on 0845 345 4 345 or visit www.clsdirect.org.uk t/f: 01834 871347 Ffoniwch ni nawr ar 0845 345 4 345 neu ewch i www.clsdirect.org.uk • Are you a disabled person? • Ever thought of starting your own business but don’t know how?

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