Being part of Scotland’s story under the UN Disability

Convention

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Seminar 1

Monday 12 December 201112 – 1pm

Rights in a Recession

Welcome and overview Jemma Neville, Scottish Human Rights Commission

• Welcome to the seminar! What is the seminar series?

• Please introduce yourself online• Palantyping• Everything will be recorded• Please ask questions• Tweet #crpdseminar• Introductions – hand over to Duncan Wilson,

Scottish Human Rights Commission and Dr Pauline Nolan, Inclusion Scotland

The Disability ConventionDuncan Wilson, Head of Strategy and Legal, Scottish Human Rights Commission

• International human rights agreement signed by UK Government

• Commitment to ensure disabled people enjoy same human rights as others

• Is about making sure disabled people have real choice and control in all areas of life

Role of the Commissions

• 4 Commissions across UK are the ‘independent mechanisms to promote, protect and monitor the implementation of the Convention.

Promote = encourage action by Government to implement the Convention further & understanding of the rights in the Convention (including amongst disabled people)

Protect = to challenge any reduction in people’s rights

Monitor = to gather evidence and report to UN Disability Committee

Role of disabled people

• ‘Nothing about us, without us’ – disabled people are central to the implementation of the Convention

• Involvement of disabled people as with autonomy - choice and control - in all areas of life

• Not just monitoring breaches, legislation etc but achieving social change

Human Rights of Disabled People in a recession (general principles)

Participation

You have the right to take part in decisions that affect your rights, including budgetary decisions

Article 8, ECHR/HRA; Article 4(3) CRPD;

Accountability

The rights of disabled people must be taken into account by local authorities in their budget decisions

Section 6 Human Rights Act;

Article 4(1)(c) CRPD;

Human Rights of Disabled People in a recession (general principles)

Non-Discrimination and Equality

Public authorities must pay “due regard” to the need to advance equality of opportunity for disabled people in all their decisions ; and budget decisions must prioritise those in the most marginalised situations

Public Sector Equality Duties (s149 EA 2010)Article 4(2) CRPD; Article 2(2) International Covenant on ESC Rights;

Human Rights of Disabled People

in a recession (general principles)

Empowerment

Disabled people should be given the support they may need to take part in budgetary decisions

Article 8 ECHR/HRA

Article 12 CRPD

Human Rights of Disabled People in a recession (general principles)

Legality

Budget decisions must be compatible with the full range of disabled people’s human rights (civil and political and economic, social and cultural)

Art 8 & Art 3 ECHR/ HRA

Art 17 & 19 CRPD

Human Rights of Disabled People in a recession (general principles)

Some of the rightsat stake

• Absolute rights like right to life and freedom from degrading treatment and– red lines below which practice must not fall (Art 2 and 3 ECHR/HRA)

• Qualified rights like the right to private and family life: broad scope; interference must be based on law, pursue a legitimate aim and proportionate (“least restrictive alternative”)

• Economic, social and cultural rights like the right to adequate housing/highest attainable standard of health:– Duties to respect, protect and fulfil– Progressive realisation– Prioritisation of the most marginalised and of

“minimum essential levels”– reasonableness

UNCRDP: The recession and disabled people’s human rights

Dr Pauline Nolan

The Recession and disabled people in Scotland

• 2008 but feeling effects now• “Triple whammy” Fiscal cuts in response

disproportionately affecting disabled people- cuts to essential benefits- cuts to services- increase in charges

• Targeted media campaign on ‘benefit fraud’ increase in experiences of harassment

• Network of disabled people’s organisations and individual disabled people

• Draw attention to the physical, social, economic and attitudinal barriers that affect our everyday lives as disabled people and exclude us from the mainstream of society.

“Nothing About us, Without us”

Aim: To empower disabled people to have an effective voice at policy and decision making level in Scotland and beyond.

• UN CRDP IS Recent Activities- Response to UK government (consulted members) - Submission to UN Council on Human Rights (UPR)http://www.inclusionscotland.org/reports.asp- Human Rights Tool-kit launched

Scale of the Benefit Cuts:

• Impact in Scotland = over £2 billion being taken out of local economies

• IS estimate at least half of that (£1 billion) is being taken from Scottish disabled people and their families

By 2015 the total loss to disabled people resulting from reforms to just three welfare benefits will be £688 million annually

• Time limiting contributory ESA to 12 months and people failing WCA and losing benefit altogether or moving onto JSA will result in annual losses of £378.6 million.

• The 20% reduction in DLA/PIP expenditure will result in a £268 million loss in benefits and

• The loss in Housing Benefits to disabled people’s households who are social housing tenants will amount to £42 million annually.Total annual loss from these three benefits

= £688 million

Cuts to benefits

• DLA, ESA, uprating of benefits change• Disabled people more likely to rely on other benefits

too • housing benefits will reduce by average £13 p.w. for

under occupancy penalty• +66,000 households with disabled people will need

to find additional money• Household dependents and non-dependents likely to

lose benefits too

Others

• Independent Living Fund removed – future of human rights for young people

• WRB proposes to remove automatic entitlement to contributory entitlement for disabled children; young disabled adults will not have NI payments.

• Idea of independent living removed entirely. • And facing additional charges e.g. for care

• Without the income these benefits bring, disabled people will:

- Lose access to their communities, social and family life

- Lose passported benefits e.g. travel passes- Potentially be made homeless/ be moved to residential care

- Be more likely to need emergency treatment and/or health and/or social services

LA Cuts to Services

• threshold of ‘eligibility criteria’ ‘life and limb’ care

• Procurement: cheapest not always the safestImpact:

adult left on chemical toilet/ in incontinence pads instead of day or night care servicesother examples of neglect and abuse

• Rates of fraud very low for DLA and ESA (both below 0.5%)

• Yet DWP putting out press releases playing up the rate of fraud and error

Negative stories in the press, for example, re motability scheme

in turn, leading to attacks and abuse

Hate crime/ harassment

• Recent SCOPE survey• EHRC “Hidden in Plain Sight” report• Our members have been telling us the same

• DWP campaign in media to report benefit fraudsters can only worsen this situation

CASE STUDY (LCIL)• Robert• Age: 38 Impairment: Rheumatoid Arthritis Marital

Status: Single

Current Benefit Entitlement: Amount per week

• Income Support for incapacity £96.53

• Disability Living Allowance (Low Rate Care, High Rate Mobility) £70.95

• Housing Benefit• Council Tax Benefit

Current Financial Impact: • Housing Benefit £10 p.w. (£520 less per year)

Future Financial Impact: Disability Living Allowance low rate care £19.55

(£1,016.66 less per year)• Total loss in income per week £29.55• Total loss per year £1,536.66

“Nothing About us, without us”

www.inclusionscotland.org

Questions

• Please post your questions or comments in the online text box and we will select some of these for the presenters to discuss.

End of seminar

• Thank you for taking part

• To provide feedback please email hello@scottishhumanrights.com

• Next seminar is Monday 16 January on ‘Getting Justice’

• If you missed anything, you can watch or listen again by going to: http://www.scottishhumanrights.com/ourwork/crpd/seminar