Dr. Eilionóir Flynn, Senior Research Fellow, Centre for Disability Law and Policy, National University of Ireland Galway

International human rights norms: sources and substance (UN, Council of Europe, EU)

Factual situation encountered in Council of Europe Member States: some key issues

Major international campaigns for reform: legal capacity, torture, institutionalisation, indicators of human rights

Future directions and new opportunities for Member States: National Disability Strategies

Covers all rights: civil, political, economic, social cultural

Consolidates all existing IHRL and applies to a disability context

Use in European human rights structures e.g. in interpreting ECHR

Disability as a health/social policy issue disability as a human rights issue

Law and policy made for people with disabilities made with/by disabled people

Substitute decision-making supported decision-making (public and private?)

Dependence on state interdependence, facilitate independence

LEGAL NORMS

European Convention on Human Rights (application to disability and interpretation using CRPD)

European Social Charter (significance of socio-economic rights in disability context)

POLICY COMMITMENTS

Council of Europe Disability Action Plan 2006-2015 (15 action lines, cross-cutting issues and coordination via CAHPAH)

LEGAL NORMS

Charter of Fundamental Rights

Framework Directive 78/2000

CRPD (as State Party which has ratified)

POLICY COMMITMENTS

European Union Disability Strategy 2010-2020 (and implementation via High Level Group on Disability)

Code of Conduct for Implementing CRPD between Council, MS and Commission

Factual situation at grassroots level – preparing for ratification, or post-ratification implementation of CRPD

Aligning with commitments in EU and Council of Europe legislation and policy, as well as national priorities, resource constraints, etc.

Prioritise key issues which will lead to law and policy reform, structural/procedural reform, and programmatic change

Legal Capacity – Article 12, CRPDRepeal of archaic guardianship laws Introduction of mechanisms for

supported decision-making (e.g. starting in contract law)

Innovating: continuum of support (information advocacy supported decision-making)

Focal point(s) within government (Art 33.1)Co-ordinating mechanism between focal

points (Art 33.1)Monitoring framework, with one or more

independent mechanism(s) (Art 33.2)Active civil society involvement in

monitoring Information collection (statistical and

research data) to implement Convention (Art 31)

Changing the way supports are provided to people with disabilities

Reviewing current funding/spending on services to make sure resources are going to the types of supports which bring about the change envisaged in Convention

Introduce personalised supports (e.g. individual budgets, direct payments) and supports for independent/community living

MDAC Campaign to Change Guardianship

Campaigns in MS to reform legal capacity (e.g. Ireland, N. Ireland)

Committee on Rights of Persons with Disabilities seek submissions on Article 12

MDRI report on Judge Rotenberg Center

UN Special Rapporteur on Torture

Guardian Newspaper Expose

CoE Commissioner for Human Rights statement

ENIL/ECCL Free Our People Now!

Desegregation, deinstitutionalisation

Genuine community living, not ‘mini’ institutions

Barriers to community living explored e.g. hate crime

Article 31 – data and statistics

Need to measure impact of CRPD on people with disabilities

UN Secretariat to Human Rights Treaty Bodies

FRA and ANED work

Vehicles to embed CRPD dynamic of change at domestic level (NDS)

More opportunities for member states sharing best practice and learning (CAHPAH, HLGD, Conference of States Parties)

Focus on aligning international and domestic priorities through NDS to showcase progress in implementing human rights norms

Renew the commitment

Connect national to international

Enhance transparency

Broaden participation

Draft detailed implementation plan

Independent monitoring

Tools to measure progress

Mainstream disability equality

Broaden the frame Ensure

sustainability