giampiero griffo disabled peoples international - dpi t he uncrpd implementation in europe: a tool...
TRANSCRIPT
Giampiero Griffo
Disabled Peoples International - DPI
The UNCRPD implementation in Europe: a tool and a challenge for DPI
3.5.2008 Entry in force of UN Convention on the rights of PwDEU ratify 23.1.2011
Higher recognition of the rights of pwd
From the recognition of the needs
To recognition of the rights
154 States has signed CRPD90 States has signed Optional Protocol
125 States has ratified CRPD75 States has ratified Optional Protocol
World ratification process
CRPD is an international standard both for persons with disabilities programs and policies and for general development
Ratification in Europe (36 + 1 – 24 of EU)
Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria,
Cyprus, Czech republic, Croatia, Denmark, Estonia, France, Germany,
Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Macedonia,
Malta, Moldova, Montenegro, Poland, Portugal, S. Marino, Romania, Russia
Federation, Serbia, Slovakia, Slovenia, Spain, Sweden, Turkey, Ukraine,
United Kingdom of Great Britain and Northern IrelandEuropean Union
DPI-EuropeEuropean Disability Forum
New perspectivesfor PwD in the world
1 billions of
Persons with
Disabilities can
Change their
Quality of life
(15% of world
population)
Condition of PwD in the world
82% live in developing countries
(about 800 millions, 1/3
of the poor population)
0
100Est
Ovest
Nord
Condition of PwD in the world
Only 2% receives services or support
DPI-EuropeEuropean Disability Forum
Condition of PwD in the world
90% of
pwd are
unemployed
(OIL)
Condition of PwD in the world
98% children with disabilities
not have access
to a formal
education
Condition of PwD in European Union
80 millionsin 27 countries
Condition of PwD in European Union
The unemployment rate is about 80% 2003 – EUROSTAT)17% of active population inEuropean Union havea disability
Condition of PwD in European Union
500.000 PwD are segregatedin 2.500Mega-instituts(2004, INCLUDED IN SOCIETY)
The Condition of PwD
Societies’ low regard for the abilities of persons with disabilities has resulted in discrimination and stigma attached to disability which pose great barriers in their participation in economic, cultural, political and social life
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The Condition of PwD
PwD are discriminated citizen and live conditions of lack of equal opportunity
PwD meet obstacles and barriers to social participation
PwD = INVISIBLE CITIZEN
The contents of the UN Convention will be the base
of intervention in all countries
Article 1 - Purpose
The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to
promote respect for their inherent dignity.
Persons with disabilities are part of
society
DPI-EuropeEuropean Disability Forum
Economical crisis in EuropeStrong resistance from the
governments to accept the human rights approach:
first time in Europe a solution against the economical crisis is cut the social funds
mains resistances are on the education, on independent living, on social protection
DPI-EuropeEuropean Disability Forum
Convention on the Rights of PwDArticle 24 – Education
1. States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and life long learning directed to:
(a) The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;
(b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential;
(c) Enabling persons with disabilities to participate effectively in a free society.
Statistics of EADSNE 2008
Total pupils in primary school 54.891.009
Total pupils with disabilities 2.273.041 (4,14%)
Pupils with disabilities 889.482 (1,6%)
in ordinary setting 39,1%
Pupils with disabilities 1.383.559 (2,54%)
in segregated setting60,9%
Condition of PwD in European Union
60% of children withdisabilities aresegregated in special classes or schools(2008, EURIDYCE)
Article 44 - Regional integration organizations
1.“Regional integration organization” shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by this Convention. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence.
2. References to “States Parties” in the present Convention shall apply to such organizations within the limits of their competence.
3. For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3, any instrument deposited by a regional integration organization shall not be counted.
4. Regional integration organizations, in matters within their competence, may exercise their right to vote in the Conference of States Parties, with a number of votes equal to the number of their member States that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.
DPI-EuropeEuropean Disability Forum
EU fonctioning
EU Parliament
EU Commission
Council of Ministries
EU institutions
DPI-EuropeEuropean Disability Forum
NATIONAL COMPETENCE
European Union competence, delegate by state members in a EU Treaty
DPI-EuropeEuropean Disability Forum
EU instruments
Directives and regulations (30% of national legislation)
Programs
Policies
EU unit on disability in the DG justice (from DG social)
DPI-EuropeEuropean Disability Forum
European disability forum27 national council40 European
organizations
Lobbying activity towardEuropean institutionsEuropean ParliamentNational govermantsDPI-EuropeEuropean Disability Forum
EDF initiativePeriodical Meeting with head of EU institutions
to evaluate implementation of CRPD
Intergroup on disability in EU Parliament
Participation to HLG and other EU bodies
Meeting with DG of EC
Seminar on disability during each presidencyDPI-EuropeEuropean Disability Forum
EU Comptetences - exclusive a)the compatibility of State aid with the
internal market(b) the common custom tariff(c) its own public administration(d) any other matter to the extent that
provisions of the Convention or legal instruments adopted in implementation thereof affect or alter common rules previously established by the Union
DPI-EuropeEuropean Disability Forum
EU Comptetences - shared
competence and on matters where the Union coordinates, supports and/or supplements the actions of the Member States
— action to combat discrimination on the ground of disability
- free movement of goods, persons, services and capital
— agriculture— transport by rail, road, sea and air transport— taxation— internal market— equal pay for male and female workers— trans-European network policy— statistics
DPI-EuropeEuropean Disability Forum
Union legal acts or policy measures, where there is close and substantial connection with the implementation of the CRPD
— employment— development of quality of education
and implementation of a vocational training policy
— economic and social cohesion— development cooperation— cooperation with industrialised
countriesDPI-EuropeEuropean Disability Forum
European Union initiativeRatification produce:European disability startegy (2010-
2020)Directive of access to market on equal
basysSystem of monitoringForum of discussion
DPI-EuropeEuropean Disability Forum
European strategy on disability (2010-2020)
• Accessibility • Participation • Equality • Employment • Education and vocational
training• Social protection • Health• External relationship
European strategy on disability (2010-2020)
• Accessibility • Ensure accessibility to goods, services including public
services and assistive devices for people with disabilities.
• Regulations for passenger with disabilities in Air, bus, train, boat and ITC and television
• Public procurements • Directive on equal access of market
provisions (services and goods)
European strategy on disability (2010-2020)
• Participation
Achieve full participation of people with disabilities in society by:
- enabling them to enjoy all the benefits of EU citizenship- Freedom of movement campaign- Parking card
- removing administrative and attitudinal barriers to full and equal participation;
- providing quality community-based services, including access to personal assistance
- Community living programme
European strategy on disability (2010-2020)
• Equality
• Eradicate discrimination on grounds of disability in the EU
• Directive on employment, Ombdusperson, EU Agency on HR
• Employment
• Enable many more people with disabilities to earn their living on the open labour market
• Specific provisions
European strategy on disability (2010-2020)
• Education and vocational training
• Promote inclusive education and lifelong learning for pupils and students with disabilities
• EU Agency on development for SEN, programs
• Social protection
• Promote decent living conditions for people with disabilities
European strategy on disability (2010-2020)
• Health
• Foster equal access to health services and related facilities for people with disabilities
• External relationship
• Promote the rights of people with disabilities within the EU external action
• Lobbying activities to EC
• Italian network on disability and development
European strategy on disability (2010-2020)
• Implementation of the Strategy:
• Awareness-raising
• Raise society’s awareness of disability issues and foster greater knowledge among people with disabilities of their rights and how to exercise them
European strategy on disability (2010-2020)
• Implementation of the Strategy:
• Financial support
• Optimise use of EU funding instruments for accessibility and non-discrimination and increase visibility of disability-relevant funding possibilities in post-2013 programmes (structural funds)
European strategy on disability (2010-2020)
• Implementation of the Strategy:
Statistics and data collection and monitoring
Supplement the collection of periodic disability-related statistics with a view to monitoring the situation of persons with disabilities.
Statistical indicators
European work forum
Annual meeting to evaluate in the state members and in EU the Progress on implementation of CRPD
Participation of experts, DPOs, NIHR, EU unit on disability
DPI-EuropeEuropean Disability Forum
Other issuesReasearch on disability
Participation to ANED workEU programs on research
Support National council in accession countries(Balkan area, ex-Russia countries)
BioethicsDocument on persons with disabilities in S.
Marino
DPI-EuropeEuropean Disability Forum
National level
DPI-EuropeEuropean Disability Forum
CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
ARTICLE 3 - GENERAL PRINCIPLES • The principles of the present Convention shall be:
• (a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;
• (b) Non-discrimination;
• (c) Full and effective participation and inclusion in society;
• (d) Respect for difference and acceptance of disability as part of human diversity and humanity;
• (e) Equality of opportunity;
• (f) Accessibility;
• (g) Equality between men and women;
• (h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
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UN Convention on the rights of PwDArticle 5 – Equality and non discrimination
• 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
• 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.
• 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.
• 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.
Examples of discrimination in Europe
Ordinary PCDUnemployment 11,0%
70,0%
Railway Access 100%<5%
Access to information 100%<3%
Discrimination on the basis of disability
“Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;
Multidiscrimination for women with disabilities
DPI-EuropeEuropean Disability Forum
National antidiscrimination legislationTransposition of EU directives 78/2000
Specific antidiscrimination law in: Chech rep, Finland, Germany, Ireland, Italy, Serbia, Sweden, UK, …
National independent Human right institutions
DPI-EuropeEuropean Disability Forum
The condition of persons with disabilities is a Human Rights matter
Discrimination is the different treatment without justification
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Equal opportunities(UN Standard rules - 1993)
• “24. To realize ’"equal opportunities" means to make possible the process through which the different societies and different environments, as well as the services, activities, information and documentation, are rendered accessible to all, especially to persons with disability.
• 25. The principle of equality of rights implicates that the needs of each person and of all individuals are of equal importance, that these needs must become the foundation for the planning of society and that all the resources are committed in such a way to assure that each individual has the same opportunity to take part.
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Equal opportunities(UN Standard rules - 1993)
26. Persons with disability are members of society and have the right to stay within their community. They should receive the support they need within ordinary structures for education, health, the commitment and welfare services.
27. When persons with disability acquire equal rights, they should have equal duties. When these rights have been acquired, society should increase their expectations towards persons with disability. As part of the process for equal opportunities, we should see to it that, persons with disability take on their full responsibility as members of society.
Disability in not only a competence field for professionals, but mainly a political and cultural problem
The Condition of PwD
The disability condition is both cause and effect of poverty
Poverty and PwD
Poverty for economic and social condition: lack of economic resources , degradated conditions (health, food, igienic, social, etc.)
POVERTY OF RESOURCES
Poverty and PwD
Poverty for social impoverishment: obstacles and barriers for access to rights, unequal and discriminated treatment, more cost to enjoy goods and services, etc.
POVERTY OF RIGHTS
Research of Leonard Cheshire in United Kingdom
A family in which live a person with disabilities have the double probability to become poor
Poverty and PwD
Economic poverty and social condition +
Poverty for social impoverishment =
POVERTY OF SOCIAL RECOGNITION
Social Exclusion
EU ENCOURAGE INCLUSION OF PWD IN THE NATIONAL POLICIES RELATED TO POVERTY, SOCIAL COHESION, EMPLOYMENT AND ACCESS TO MARKET
The planning activitiy sharing with 27 country members is the Plan of reform
DPI-EuropeEuropean Disability Forum
Paradigma’s Change
From Medical Model of Disability
To Social Model of Disability based on Human rights respect
Medical Model Social Model on HR
PWD are ill, invalidTreatment is recovery and protection The PWD need to be segregatedPrevalent competences for PwD are medical
PWD are citizen with different abilitiesPWD live discrimination & lack of equal opportunityTreatment is social inclusionAll society is competent
Definition of disability into UN Convention
“disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others” (preamble e)
DPI-EuropeEuropean Disability Forum
Human DiversityHuman Diversity
Convention on the rights of persons with DisabilitiesUN 2006UN 2006
Environmental & Environmental & social factorssocial factors
Empowerment/Empowerment/ImpoverishmentImpoverishment
Personal Personal factorsfactors
Empowerment/ Empowerment/ impovesishmentimpovesishment
Functions and body Functions and body structuresstructures
(characteristics)(characteristics)
ActivitiesActivities(Limitation & (Limitation &
Discrimination)Discrimination)
ParticipationParticipation(Restrinction & (Restrinction &
Inclusion)Inclusion)
Convention on the rights of persons with DisabilitiesThe condition of persons with specific
characteristics depend from social and individual factors
Disability isn’t an health conditionPrevent disability in medical and social
policiesDisability is an ordinary condition of all
human being
Prevent disability isn’t a cost but economical and social convenience
DPI-EuropeEuropean Disability Forum
Strategical actions
Legal protectionNew TreatmentCollecting DataAppropriate PoliciesInclusive developmentCBR-CBIDMonitoring
DPI-EuropeEuropean Disability Forum
DPI-Europe 71
Convention on the Rights ofPersons with Disabilities
Article 4 – General Obligations
2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.
Actions for Legal protection
Training on Human Rights legal protection PwD, DPOs and lawyers
Create legal protection centers
Building alliance with HR Commission and other HR independent bodies
DPI-EuropeEuropean Disability Forum
Sentences in various contries based on CRPD
Italy on inclusive education
UK on employment
…
DPI-EuropeEuropean Disability Forum
Empowerment
Enforce the capacity and skills Give power in society
Support the participation of PwD into society and their communities, support involvement of DPOs in the process of ratification, implementation and monitoring of CRPD
Training Pwd on Human Rights
Empowerment
Individual Social Political
Empowerment
DPI-Europe 77
UN Convention on the rights of PwDArticle 26 – Habilitation and rehabilitation1. States Parties shall take effective and appropriate
measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes:(a) Begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs and strengths;(b)Support participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas.
DPI-Europe 78
Re-habilitate
Habilitate
Read with closed eyes
Move without walking
Communicate without speaking
Living with open heart
DPI-Europe 80
Re-habilitate society
Habilitate all professionals & politicians
Addis Abeba (Etiopia) Donna sorda vasaia
UN Convention on the rights of PwDArticle 31 - Statistics and data collection1. States Parties undertake to collect appropriate
information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall:
(a) Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities;
(b) Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles of statistics.
2. The information collected in accordance with this article shall be disaggregated as appropriate and used to help assess the implementation of States Parties’ obligations under the present Convention, and to identify and address the barriers faced by persons with disabilities in exercising their rights.
3. States Parties shall assume the responsibility for the dissemination of these statistics and ensure their accessibility to people with disabilities and others.
Data and persons with disabilities
From Statistics data based on medical model of disability to
Statistics data based on social model of disability
From Statistics data focused on institutions to
Statistics data centered on respect of human rights
Data and persons with disabilities
Collecting data on real condition of persons with disabilities:
Check the condition of discrimination,lack of equal opportunities and participation
Mainstreaming disability in statistics
Evaluate social inclusion policies
EMANCIPATORY RESEARCH IN MANDHYA DISTRICT (INDIA)
EU statistical indicators to check the progress in implementation of CRPD
DPI-EuropeEuropean Disability Forum
Data and persons with disabilities
No data No policies
Poor data Poor policies
Appropriate data New policies
Reformulate the concept of justice for PwD
The model of disability based on respect of human rights for persons with disabilities as neuw paradigma of justice, ethic and praxis of society and individuals
Reformulate the concept of justice for PwD
No a Justice based on Metaphisic
CharityReimboursement
Protection
Reformulate the concept of justice for PwD
Yes to a new conceptOf Justice based on
InclusionEmpowerment
respect of Human RightsPut in value the Human Diversity
From a welfare basedon social protection
to a development based onsocial
inclusion
Mainstreaming policies
Use of the economical and
human resources for all
Inclusive development
Include the “social” as element of development
Building a development that respect Human Rights of all
Link the development to inclusion (development without exclusion)
Globalization of the Rights
vsGlobalization of the
market
Social Inclusion
=
Inclusive development
Community-based Rehabilitation
Community-based inclusive development
Community based Rehabilitation - CBR
CBR is a strategy of local community development, based on respect of Human rights of all members, organizing habilitation and rehabilitation services to garantee equal opportunity and social inclusion of PwD
CBR is building by an inclusive development strategy, with direct participation of PwD, their families and all member of communities, removing barriers and obstacles and deleting discrimination in all society and creating adequate services and programmes particular in the area of health, education, employment and social services.
UN Convention on the rights of PwD Article 33 – National implementation and monitoring1. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.
2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.
3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.
EU system of monitoringReports of the Union and its Member States will
cover their respective competences
Agreements and conflicts
Space of political action from Dpos, in the reccommendation of the UN Committee on the right of persons with disabilities
Presence of leaders of the disability movement in the UN committee ; in Spain CERMI recognize independent body
EU Member states that present report to UN
Croatia, Hungary, Italy, Slovakia, Spain, …
Shadow report in Italy, Slovakia, Spain, ..
Monitoring respect of Human rights of PwD
National and local Action plan on
disability
Disability is an envolving concept
DPI-EuropeEuropean Disability Forum
Insertion, Integration, Inclusion…
Inclusion is a complex and systemic process to transform rules, aptitudes, behavior
Inclusion needs instruments of participation and support of training and inclusive rules
Social Inclusion
Inclusion is a right based on full participation of PwD in all fields of life on equal base by the others, without discriminations, respecting dignity and valorising human diversity, throught appropriate interventions, removing barriers and prejudices and support based on mainstreaming to live in local communities
Inclusion is effective onlywith direct participation of
excluded and discriminated Persons
Nothing about us without us
We are really experts
on our own life
Hamburg declaration
“enable people and communities to take control of their destiny and society”
UN Convention on the rights of PwD
Article 4 – General Obligations3. In the development and
implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.
Put in Value human diversity
Old Greece
Kalòs = man health and beautiful
Kai = is also
Agathòs = good and appropiate
The participative and inclusive societies
Right to be different
Difference to be right
DPI-EuropeEuropean Disability Forum