Implications of UNCRPD for Service Providers, Government and

NGOs

A Presentation by Poonam Natarajan

Chairperson, National Trust15 April 2010

NIEPMD, Kanchipuram

•Cumulative Wisdom

•Voices of Stakeholders

Shows us the way – specially Values and Principles that need to govern our work

CONVENTION

Principles of the Convention•Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons•Non-discrimination•Full and effective participation and inclusion in society•Respect for difference and acceptance of disability as part of human diversity and humanity•Equality of opportunity•Accessibility•Equality between men and women•Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities

Habilitation and Rehabilitation

Since rehabilitation, properly understood, is concerned primarily with enhancing the person’s capacity for a life of freedom and choice, it follows, inevitably, that rehabilitation should never be imposed against the wishes of persons with disabilities. Too many persons with disabilities have suffered in the past because their own wishes and desires were studiously ignored by those in authority.

FOCUS on : Independence & Self-determination

Article 26•State parties shall take effective and appropriate measures, including peer support to enable Persons with Disabilities to attain and maintain their maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, state parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services, particularly in the areas of health, employment, education and social services in such a way that:

•The programmes support participation and inclusion•The programmes begin at the earliest possible state, and are based on multi-disciplinary assessment

•State parties shall promote the development of initial and continuing training for professionals and staff working in rehab services•State parties shall promote the availability, knowledge and use of assistive devices and technologies, designed for Persons with Disabilities

“One Size Does Not Fit All”

Rights of Persons with Disabilities•To attain maximum independence

•Full physical, mental, social and vocational ability•Inclusion and participation in life

ACTION POINTS FOR STATE PARTIES

•Organise, strengthen services mainly in the areas of•Health•Employment•Education•Social service

•Habilitation and Rehabilitation Services to be•Participatory•Voluntary•Multi-disciplinary•To begin as early as possible

•States to promote training of staff and knowledge of assistive devices

Important Considerations:•Assessment should be multi-disciplinary and comprehensive

•Rehabilitation plans are time limited, fully implemented

•Rehabilitation plans assist individuals to achieve their actual life goals and aspirations

•Rehabilitation services and programmes support participation and inclusion in the community, of persons with disabilities

•Rehabilitation plans and courses aim to reach and sustain the independence and self-determination

•Persons with disabilities have the right to design, redirect, change or reassess the plans

•Peer Support

•CBR – Community-based Rehabilitation

•Assistive Technologies and Devices

•Start as early as possible

Education – Rights of Persons with Disabilities•Right to education on the basis of equal opportunity•To develop their personality, talents and creativity as well as mental and physical abilities to their fullest potential•To be enabled to participate effectively in a free society•To be able to access an inclusive, quality and free primary education and secondary education on an equal basis•To be provided reasonable accommodation•To receive the support required, within the general education system, to facilitate their effective education

Right to Education•An inclusive education system exists at all levels•Persons with disabilities are not excluded from the general education system on the basis of disability•Children with disabilities are not excluded from free and compulsory primary education, or from secondary education•Education of those, who are blind, deaf or deaf-blind, is delivered in the most appropriate languages and modes and means of communication

ALL service providers to work on the way forward……..

•Role of Special schools!

Article 12 : Equal Recognition Under the Law•State Parties reaffirm that Persons with Disabilities have the right to recognition everywhere as persons before the law•State Parties shall recognise that Persons with Disabilities enjoy legal capacity on an equal basis with others in all aspects of life•State Parties shall take appropriate measures to provide access by Persons with Disabilities to the support they require in exercising their legal capacity•State Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law•Subject to the provisions of this article, State Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit

Convention based on:

•Individual autonomy including the freedom to make one’s own choices

•Non-discrimination

•Acceptance of disability as part of human diversity and humanity

•Inclusion and equal participation in society

The Case for Supported Decision Making•“Supported Decision-Making means a person may accept help in making decisions without relinquishing the right to make decisions•In supported decision-making, freedom of choice is never violated•Supported decision-making does not question the wisdom of a person’s choices but allows everyone the dignity of risk•Supported Decision-Making helps a person to understand information and make decisions based on his or her own preferences•A person with a learning disability might need help with reading, or may need support in focusing attention to make decision. A person who has no verbal communication might have a trusted family member who interprets their non-verbal communications, such as positive or negative physical reactions, or uses Alternative and Augmentative Communication”