Our Rights - issue 27, November 2010
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CONTENTS
Convention
Sign ups
Mozambique ratifies CRPD and Protocol
CRPD breached by European countries that deny the vote to disabled people
Disabled people in the UK monitor CRPD
UK
Deaf diplomat loses discrimination case
Disability History Month
Teenagers who violently abuse disabled boy walk free with community service order
Disabled prisoner wins compensation for degrading treatment
Budget cuts are extremely bad news for disabled people
New single benefit to replace current system
Legal ruling means authorities can more easily cut services to elderly and disabled people
International
Europe: Disabled people continue to face abuse in institutions
International: Initiative launched on access to published material
International: Violence against disabled women widespread
International: Disabled people happy and unhappy about how they are portrayed in the media
Israel: Disabled people demand minimum wage-level benefits
Japan: 10,000 disabled people demonstrate for new laws and better support
Malaysia: Disabled people forced to do banking in the street
Pakistan: Disabled people get little or no help in flood disaster
Philippines: Deaf man stopped from boarding airplane
USA: “Too disabled to fly alone” Disabled man thrown off airplane
USA: US wrongfully deports citizen with mental health problems
USA: Budget cuts could dump disabled people in homeless shelters
Convention
Sign ups
CRPD
147 signatories
94 ratifications
Optional Protocol
90 signatories
58 ratifications
Mozambique ratifies CRPD and Protocol
On October 27th, the Mozambican parliament unanimously ratified the CRPD and the Optional Protocol.
The Minister for Women's Affairs and Social Welfare, Yolanda Cintura, said the Convention would ‘… promote, protect and ensure the enjoyment of all human rights and fundamental freedoms by people with disabilities".
She said the state must adopt legislative and administrative measures to ensure that disabled Mozambicans really enjoy the rights envisaged in the convention. In particular, measures were required to ensure that disabled women and girls could fully enjoy their human rights, and that disabled children could express themselves freely and in equality with other children.
CRPD breached by European countries that deny the vote to disabled people
A report just released by the European Union Agency for Fundamental Rights (FRA) has found that only seven of the 27 countries in the EU (Austria, Finland, Italy, the Netherlands, Spain, Sweden and the UK) grant full voting rights to all disabled people. The remaining countries either restrict or totally deny the vote to people with mental health problems or learning difficulties.
These types of disenfranchisement are specifically ruled out by Article 29 of the CRPD, which says: “States Parties shall …
Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote …”
The report concludes that some countries will have to amend legislation to meet the requirements of the CRPD. Furthermore, “These changes will need to take into account the specific needs of persons with disabilities. Involving these persons or their representative organisations in the design and implementation of new legislation and accompanying measures would not only be in the spirit of the CRPD, but would also be essential in finding practical and effective solutions.”
Disabled people in the UK monitor CRPD
Disability Rights Watch UK aims to collect evidence on how disabled people’s rights are violated so that the UK monitoring of the Convention on the Rights of Disabled People will give a clear picture of what our lives are really like and what the government needs to do to give us proper protection.
We want to know how you feel your rights have been violated or unprotected through:
- loss of life, abuse, undignified or degrading treatment or loss of integrity
- Barriers to justice, the environment (both public and private), independent living, access, family life and relationships
- Barriers to education and employment and a decent standard of living.
- And inappropriate attitudes, bullying and harassment.
For more information and to register go to Disability Rights Watch UK ( website.
UK
Deaf diplomat loses discrimination case
In our September issue we reported that Jane Cordell, a Deaf woman working for the Foreign Office, was going to an industrial tribunal claiming disability discrimination because they had withdrawn a foreign posting claiming supporting her was too expensive.
The industrial tribunal has now ruled against her, saying that the additional cost, put at £240,000 a year, was unreasonable.
The Equality and Human Rights Commission (EHRC) said the ruling raised questions about whether it would be possible for Ms Cordell, and others like her, to proceed as far as non-disabled people in their careers.
Ms Cordell commented, "I am proud of having brought this case to tribunal. People with disabilities and long-term illnesses who want to be economically active and independent need answers to the questions it posed."
Disability History Month
The first UK Disability History Month (DHM) will take place from 22nd November to 22nd December 2010 and annually thereafter.
Richard Rieser, coordinator of DHM, said “DHM presents a great opportunity to recognise and right historic wrongs. DHM is about rights not charity. It is about solidarity in our struggle for equality, not feeling sorry for disabled people. Independence means having control over what happens to us, not having to do everything for ourselves. Giving all disabled children and adults a powerful ‘voice’ is crucial”.
Teenagers who violently abused disabled boy walk free with community service order
Three boys tortured a 17 year-old with learning difficulties for three days and recorded his ordeal on their mobile phones. They told police they carried out the attacks because they were bored.
The boy who was attacked has moved to another part of the country, but his abusers are back on the streets after a judge handed out community service orders and three-month curfews instead of sending them to prison.
Relatives were furious and the local MP, Hazel Blears said she would raise the matter with Ken Clarke, the Justice Secretary.
Editorial comment: If you are easily upset, we don’t recommend you read the full story. What the young man had to endure was truly horrendous. The failure to put these bullies behind bars sends all the wrong messages to those who think that disabled people are fair game.
Disabled prisoner wins compensation for degrading treatment
Abdullah Baybasin, a 53-year-old wheelchair user, has won £20,000 compensation for having suffered degrading and inhuman treatment by the authorities in Belmarch Prison. He disability and the disability movement in the UK over
was sent there in 2004, but was acquitted at a retrial last month.
Initially, he received no help from staff while using the toilet or bathing, so he had to rely on other prisoners.
Even when he was finally provided with a care assistant, there were always delays which meant that he was left for unacceptably long periods in his bed having soiled himself, on the toilet or in a cold bath.
"The treatment I received at HMP Belmarsh was very degrading and at times I struggled to cope. I thought I would die in prison, and often thought things would never get better," he said.
Editorial comment: Mr.Baybasin was able to get a reasonable settlement thanks to a similar case taken to the European Court in 2001 by Adele Price. She had been forced to sleep in her wheelchair in a jail cell with a bed and a toilet that were totally inaccessible. We hope that the prisons will now move to provide proper facilities for disabled people, something which they should have done years ago.
For details of the Adele Price case, see:
Budget cuts are extremely bad news for disabled people
As predicted over the last weeks, the final announcement on October 20th, of where the budget cuts will fall, is terrible news for disabled people.
An article on the benefits and services concerned: DLA, ESA and work, Access to Work, the ILF, Mobility in residential care, housing benefit - is too long for this newsletter. We advise you to look at the links below to find out what is happening and how it may affect you.
An important and helpful report (‘Destination Unknown’), from the independent think tank DEMOS, points out and provides good evidence that disabled people will be most severely effected by the cuts.
As they observe, we are“…particularly vulnerable to cuts in services and benefits – …are disproportionately reliant on health, social care, housing and transport services, and also, as a result of low employment rates and the additional costs associated with living with an impairment, more likely to live in poverty and/or rely on benefits for a large proportion of [our] incomes.”
For the full report go to:
The Minister for Disabled People, Maria Miller, has written a letter to DAA saying:' we have tried to make fair choices and protect those most in need.' Unfortunately, these words that are not reflected by the reality of the government’s programme.
You can go to: further updates and information.
UKDPC has said: 'By curtailing funding which helps disabled people live independently, the government will force disabled people further into poverty or into residential care, and kill off any aspirations of employment held by many....The government must take heed of the concerns raised by disabled people and their organisations. Our findings show that regressive government policies seriously undermine the rights of disabled people and the UN Convention on the Rights of Disabled People.”
give you UKDPC's review of the cuts
Other useful comments can be had at:
Other articles are in our newsletters of September and October, available from our website:
Editorial Comment:
Three times since the lat 1980's We have fought these sorts of major cuts and attitudes that underpin them. Each time we have campaigned, lobbied, cried and shouted. Meanwhile disabled individuals have died, suffered indignity, incarceration and loss of integrity. It looks as though we will have to go back to the barricades again.
New single benefit to replace current system
The Coalition Government has announced its intention to bring in what they are calling the “Universal Credit” to replace the existing complicated mixture of existing benefits. Its introduction will be staged over the next few years and it will not be fully operational until 2015.
The White Paper claims that Disability Living Allowance (DLA) will remain separate and disabled people will still be protected. They say that, “The Government believes the existing structure of overlapping disability premiums is overly complex and causes confusion. We are considering what extra support may be needed for disabled people in Universal Credit, over and above the additional components mentioned above and the benefits available elsewhere in the system..”
With respect specifically to DLA, the White Paper says, “…spending on Disability Living Allowance has been growing at an unsustainable rate, so we do need to ensure that future support is targeted on people who face significant barriers to participating in society. At the heart of the benefit will be an objective assessment, which we are developing with the help of medical experts and disabled people. This will allow us to assess more accurately and consistently who would benefit most from additional support.”
Editorial comment: Although a less complex benefits regime is to be welcomed, for disabled people there are some worrying aspects of the new single credit. For example, the statement that, “…we do need to ensure that future support is targeted on people who face significant barriers to participating in society…”, strongly suggests that only disabled people with what the government considers severe impairments will be eligible for DLA. When this is combined with the threat that cash-strapped local councils will limit their support to people whose needs they identify as ‘critical’, a great many disabled people may find themselves excluded entirely from benefits.
Legal ruling means authorities can more easily cut services to elderly and disabled people
The Appeal Court has ruled that, in order to save money, it is legal for Kensington and Chelsea Council to withdraw services, even through the circumstances of the person using those services remains the same. The precedent set by this case means that all councils will be able to reduce services almost at will.
Luke Clements, professor of law at Cardiff University and a leading expert on care legislation, described the judgment as "chilling". He said: "There are two problems with this approach: one, a narrow legal one and the other that it is an indictment of any society that lays claim to be civilised."
The case involved a woman who needed assistance in the night to use a commode. The council decided that they could cut costs by having her use incontinence pads, something she did not want.
"They say they have taken account of my personal integrity. That's absolutely and completely untrue. I don't see what's dignified about having somebody cleaning me up and clearing up the mess in the morning.
"I can speak up for myself, but what worries me is what's going to happen to people who can't, people who might have dementia, if they are treated like this?"
The court found that the authority did not breach Article 8 of the European Convention on Human Rights [ECHR] (right to privacy and family life) or the Disability Discrimination Act. This suggests that the courts will only intervene in disputes about the level of care being provided in limited circumstances, something that is significant in an environment of unprecedented public spending cuts.
Douglas Joy, senior solicitor at the Disability Law Services, which together with the Equality and Human Rights Commission took the case to the Appeal Court, said that efforts were being made to take it to the supreme court for a definitive ruling.
Editorial comment:
As stated above, the significance of this case cannot be overstated. It could have an immensely negative impact on disabled and elderly people, as councils look for ways to save money following the massive budget cuts announced by the government.
Unfortunately, the case was taken under, what to DAA seems to have been, the wrong article of the ECHR, demonstrating an apparent misunderstanding of the Human Rights Act. Because of the defense of ‘reasonableness’ (that it is too expensive to provide a carer to assist with using the commode), the DDA is also not helpful in this instance. We feel a more positive result would have been achieved if the case had been based on Article 3 of the ECHR, the prohibition against ‘inhuman and degrading treatment’. Having to spend the night soaked in urine clearly falls under this article. Furthermore, this article sets out an absolute right, not subject to any qualification and has been successfully used in similar cases.
International
Europe: Disabled people continue to face abuse in institutions
Caged beds and other restraints are still used in a number of Council of Europe member states to keep disabled people “under control”. Too little has been done to prevent this and other kinds of abuse in institutions. There is an atmosphere of impunity surrounding these violations.
In Bulgaria, however, criminal investigations have begun into 166 deaths and 30 more cases of abuse of children living in state homes for young people with learning difficulties.
To address these issues, de-institutionalisation has been underway in some countries. In Albania, moving people to community and family-based housing has had some satisfactory results. In the former Yugoslav Republic of Macedonia and Serbia plans for such reforms have also been adopted.
The UN Convention defines standards which should be used to achieve better treatment of disabled people. It also questions the very existence of these large institutions.
Disabled people, including people with mental health problems or learning difficulties, should have the right to independent living and to participate in the community. In many European countries this is not happening.