The UN Convention on the Rights of People with Disabilities (UNCRPD)

Written by disabled people for disabled people

Disabled people don’t enjoy basic human rights taken for granted by others

Non-discrimination & civil, political, social, economic rights across all areas of life

Legally binding on the UK since 8 June 2009

UK must implement the rights in the Convention

- Civil and political rights must be realised immediately

- Social, economic and cultural rights must be achieved progressively – to the maximum of available resources.

- No regression – always moving forward

Monitoring complianceState party submits Report of progress Committee can request further information (List of Issues)Considers ReportCommittee issues its Concluding Observations

Civil society and Independent Mechanism can provide submissions at each stage

UN Committee on the Rights of Persons with Disabilities (UN Disability Committee)

Obligations and issues under specific articles

General principles – Participation and Inclusion

• Participation is important to correctly identify specific needs, and to empower the individual

• Full and effective participation and inclusion in society is recognised in the Convention as:– A general principle (article 3)– A general obligation (article 4)– A right

General principles – Non discrimination and equality

• Fundamental principle of international human rights law• Includes direct and indirect discrimination• Reasonable accommodation must be made for persons

with disabilities • reasonable accommodation: ‘necessary and appropriate

modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms’

General principles - Accessibility

• Important as a means to empowerment and inclusion• Both a general principle and a stand-alone article (article 9)• Access must be ensured to:

– Justice (article 13)– Living independently and being included in the community (article 19)– Information and communication services (article 21)– Education (article 24)– Health (article 25)– Habilitation and rehabilitation (article 26)– Work and employment (article 27) - human resource policies and practices– Adequate standard of living and social protection (article 28)– Participation in political and social life (article 29)– Participation in cultural life, recreation, leisure and sport (article 30)

Accessibility – priority issues

• Housing

• Access to the built environment

• Transport

• Information in accessible formats

Article 8 – Awareness raising

• State parties must raise awareness, throughout society, to foster respect for the rights of persons with disabilities.

• They must take measures to combat stereotypes and prejudices and to promote awareness of the capabilities and contributions of disabled people.

• Strategies to address prejudice and negative attitudes towards disabled people across different sectors (e.g. workplaces, healthcare, media)

Article 8 – Priority issues

Article 19 – living independently and being

included in the community

State parties must facilitate disabled people to live as independently as possible in their communities and to make their own choices about their lives.

Article 19 – Priority issues

• Reductions in local authority budgets and impact on adult social care provision

• Changes to eligibility criteria for social care• Increase in charging for social care• Portability of care packages• Changes to the Independent Living Fund

Article 28 – Adequate standard of living

• Right of disabled people to an adequate standard of living for themselves and their families, including adequate food, clothing and housing and to continuous improvement

• Right to social protection including access for those living in poverty to assistance with disability-related expenses, financial assistance, respite care

Article 28 – Priority issues

• Income poverty

• Cumulative impact of welfare reform measures: Universal credit, transition from DLA to PIP, “bedroom tax”

• Self-directed Support