Model Law for Inclusion
25. May 2016
1 Purpose of the Law
Realization of inclusion as implementation of the CRPD
General Law to implement CRPD in Korea will be explained tomorrow
It is necessary to consider strategies to implement CRPD with all PWDs.
But isolation and segregation are a distinctive issue for persons with psycho-social-disabilities. PPSDs have some different points on inclusion from others. Our bill should focus on our distinctive issues first. This approach may reveal issues that persons with other disabilities are not aware regarding article 19.
General law for inclusion should be discussed with other PWDs at other opportunity.
2 Principles
Article 3 should be referred to discuss principles of our bill.
Article 3 provides nine principles. Should we discuss all principles to make our bill or focus on inclusion (c) and closely related principles?
Inclusion should be defined in the law, because image of inclusion may be different among us. Our opponents may argue that an institution-like group home is a setting for inclusion and/or early involuntary medical intervention help inclusion because it can prevent chronicity of “mental illness” that will cause an obstacle of inclusion.
What is difference between inclusion and integration?
Inclusion respects diversity but integration demands a sort of unification.
We should discuss an idea and/or a concept of inclusion deeper, after we discuss elements for inclusion.
2 Elements
It is impossible to make exhaustive list of elements.
We should list up elements as many as possible, but at the same time we put a mechanism to create new inclusive elements/services for future situation in our bill.
Gender aspect should be included into our bill.
It will be important to establish some criteria or standard to examine whether a new element is appropriate and/or fit for inclusion for PPSD.
There may be two different approaches to structure a list of elements. One is based on functions and elements are randomly picked up from functional point of view. Another is based on service provider’s categories. Elements can be systematically arranged by this approach but it misses PPSD’s view and elements will divert from actual needs of an individual with psycho-social-disability.
National/local budget that is allocated to institution now should be allocated to community living settings. PWDs can demand the government change institutionalization policy to deinstitutionalization policy on right basis. In accordance with this conversion of policy the budget should not go to institution but to community living settings.
Right/individual basis approach will promise us transformation of our society into inclusive one, but a disability neutral approach may be considered. For example general income support and general residential service for low-income people can include/help PWDs. It may be more normalized way to realize inclusion.
Enforcement mechanism should be discussed. Without class action, punitive damages and other tactics, it will not be enough effective to realize inclusive society. Because right/individual basis approach depends on every individual action.
Trauma informed consent approach should be considered for supported decision making.
List of Element; see separate excel sheet
26. May 2016
Protection of Rights and Welfare for Persons with Disabilities Draft in Korea is introduced by Ohyong..
Our bill should probably include; 1) guardianship, involuntary commitment and other discriminatory/exclusive institutions should be abolished, 2) services that protect, promote and support inclusion should be provided.
1 Right to choice
Income security is important to realize inclusion that is required by Article 19.
It is necessary for PPSD to be informed adequately and to be prepared adequate alternatives that are securely budgeted by the government. It should be generally provided.
Supported decision making is a part of right to choice.
Information for PPSD should include human rights, something to encourage him/her.
It is important for PPSD to tell that you may be as you are.
With regard to medical information, privacy should be protected.
It will be necessary to provide adequate information, adequate alternatives, adequate encouragement, money and others for rights to choice. But there is discriminatory situation in relation to those items between PPSD and others. Our bill should aims to make such discriminatory situation equal. Affirmative action will be considered to correct such discriminatory situation.
Recognition that there is a discriminatory gap between PPSD and others in terms of right to choice should be written down in the preamble of the bill. Then every basic items and/or method to support choice for PPSD should be provided in every article.
Deinstitutionalization as a general obligation of a country should be put into the bill especially in Asian countries.
Deinstitutionalization itself does not directly lead to full enjoyment of right to choice. Service and supports are necessary to choose various lives in a community.
Plan for deinstitutionalization should be described concretely with indicators, a time line and others.
Right to choose doctor, medical provider, treatment and others should be included. Information on drags including adverse effects should be provided.
Monitoring/evaluation system on rights to choice is necessary.
See; the CRPD committee reporting guide lines that provides indicators to monitor.
http://www.ohchr.org/EN/HRBodies/CRPD/Pages/DraftGuidelinesestablishmentindependentmonitoring.aspx
2 Support
One of distinctive points about supports that is different from other PWDs is support for crisis situation for PPSD.
Peer run Crisis/respite Center is one of supports for such situation. It is informal procedure.
Personal Ombud in Sweden should be referred. http://po-skane.org/in-foreign-languages/
Medical and/or bureaucratic intervention should be avoided.
Crisis/Emergency is historically misunderstood and/or too much simplified from medical/personal point of view. However crisis/emergency is constituted from not only personal factors but from social factors. We should stand on social model of crisis/emergency, which should be included into the preamble.
Social factors should be discussed and analyzed, because they are not only just ongoing factors such as losing loved one, losing job, some stressful things and so on but also somewhat past personal matters such as trauma of past experience of involuntary commitment and forced treatment.
Economic support is necessary.
Evaluation for needs is necessary.
In Asian countries parents have primary obligation to support their loved one.
Economic and legal independence are provided in CEDW, which should be referred.
To keep PWDs independent from family is crucial in Asian countries.
Plus gender aspect should be considered. Women with disabilities should keep independent from her family especially in Asian context.
Economic, social, political and cultural activities should be independent with support and without discrimination.
Budget allocation;
An inpatient should be helped and supported about what services and/or supports are available and effective to live in a community.
Housing and job services are important.
Information and/or referral center which is established specifically for PWDs will provide information and/or consultation of community living. See; independent center in US
To make sure obligation of the government to create services to support PWDs and to allocate budget to those.
Comparative/competitive mechanism among countries will give cues to create new services.
As PWDs are obliged to depend on family in Asian countries, it is important for PWDs to get out of such situation. Peer support center will be one possible way for them.
Support for decision making should be considered from not only article 12 but article 19.
3 Participation
Only one user can be admitted to be a member of a public committee and/or substituted user as a member of a committee is not admitted by such a committee. Quota system and flexibility for PWD member of a committee is necessary.
What fields of participation will be left besides equal protection of employment, education and so on which are provided in other sections?
Public participation should be ensured. Since an institution is a barrier against participation, it should be articulated that an institution shall be abolished.
Reasonable accommodation for participatiion should be provided
Awareness raising is necessary
PPSD as a peer service provider works, but he/she is not paid equally with others. This is discrimination.
Participation should be ensured in micro and state level.
Support for decision, money, moving, service choice, law making and so on should be adequately provide.
Informal networks; art 19c, inclusive society should have informal support networks.
It is important to empower participation to community activity.
PPSD can create activities for participation to transform existing society into inclusive one..
Awareness raising will eliminate prejudice/stereo-type/scape-goat
It is crucial to dispel those discriminatorily imposed images.
How we establish effective campaign?
“Stigma” is historically used in a medical context in this field.
Education of judges, government officials, media and other public members is necessary.
4 future plan
We will hold some skype meetings referring this meeting.
Every participant should think about his/her own activity to change his/her society inclusive.
Inha Uni./Prof. Park will publish a magazine that will report this meeting . They will deliver it to the government authorities and give information to inpatients.