The UN Convention and the National Disability Strategy

Eithne FitzgeraldHead of Policy and Public Affairs

The NDA

The National Disability Authority is the leading State agency on disability, providing independent expert advice to Government on policy and practice

Outline

• Key areas where UN Convention and National Disability Strategy intersect

• Walk through those elements of National Disability Strategy

• UN Convention – comprehensive application of civil, political, economic, social and cultural rights to people with disabilities

• National Disability Strategy – cross-sectoral strategic focus on key challenges for future

National Disability Strategy

• Key elements:– Disability Act

– Education of Persons with Special Needs Act

– 6 Sectoral Plans

– Multi-annual funding for high support needs etc

– Citizen Information Act re personal advocacy

– Equality Acts a foundation

• Overseen by Stakeholder Group – Senior Officials + NDA + 6 disability umbrella bodies, reporting in

to Cabinet Committee on Social Inclusion

Sectoral Plans on disabilityDisability Act Part 3

• 6 Depts• Communications Marine Natural Resources

• Enterprise Trade and Employment

• Environment and Local Govt.

• Health

• Social and Family Affairs

• Transport

• Adopted by Oireachtas October 2006

Definition of disability

• UN Convention – Art. 1

• Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others

• Disability Act 2005

• A substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment

Consultation

• UN Convention – Art. 4

• States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations

• Nat. Disability Strategy

• Disability Legislative Consultation Group

• Consultation re outline Sectoral Plans

• Stakeholder Group to monitor

Accessibility

• UN Convention – Art. 9

• Accessible premises, information

• Access to private sector public venues

• Nat. Disability Strategy

• Public service obligations for accessible services, premises, information, public procurement

• Accessibility programme by local authorities under Environment Sectoral Plan

Accessible public servicesPart 3 Disability Act

Public bodies must• Ensure people with disabilities can use mainstream public services

• Provide information in ways that suit the needs of people with disabilities (e.g. large print, Easy to Read)

• Buy in accessible goods and services

• By 2015, have accessible premises

• All “where practicable and appropriate”

• NDA Code of Practice on services, information, procurement

Sectoral Plan

Environment • Systematic audit of all local authority premises, including

streets/footpaths, parks etc over 6 months

• Ten year action plan to deliver accessibility

• Develop new housing/disability strategy

• Disability Access Certificates

• Review of Part M and site guidelines

Transport and mobility

• UN Convention – Art. 20

• Access to personal mobility

• Mobility aids

• Nat. Disability Strategy

• Accessible public transport plan

• Independent assessment of needs/ Service statement

Sectoral Plan

Transport

• Main focus is accessible public transport– Trains accessible by 2009

– Dublin Bus and other city routes fully accessible by 2012

– Coach fleet fully accessible by 2015

• Improvements to air, marine transport

• User groups involving people with disabilities

• Improvements for taxis

• Review of disabled parking

Universal Design

• UN Convention Art. 4

• to promote universal design in the development of standards and guidelines

• Disability Act 2005

• Centre of Excellence in Universal Design– Develop and promote

standards

– Education of design professions

– Work with professional bodies

Access to information

• UN Convention – Art. 21

• information intended for the general public to persons with disabilities in accessible formats

• Mass media to impart in accessible ways

• Nat. Disability Strategy

• Public service obligations for accessible information under Disability Act

• Subtitling timetable for TV programmes

Sectoral Plan

Communications

• Subtitling of programmes

2008 2015

– RTE1 75% 100%

– RTE 2 42% 90%

– TG4 36% 80%

– TV3 26% 60%

Education

• UN Convention – Art. 24

• an inclusive education system at all levels

• Supports to facilitate the effective education of children with disabilities

• Nat. Disability Strategy

• EPSEN Act provides for independent assessments, Individual Education Plans

• Mainstream schooling is supported

• Schools may be directed to accept a child

Education needsEPSEN Act – children of school age

• Independent assessment

• Individual Education Plan for the child

• Integrated education supported

• Schools may be directed to take a child

• Resources via National Council for Special Education

• Education and disability services to be linked whether application is via school or via HSE

Health

• UN Convention – Art. 25

• Provide persons with disabilities with the same range, quality and standard of free or affordable health care

• Care of same quality to pwd

• early identification and intervention

• Nat. Disability Strategy

• Programme for accessible mainstream health facilities

• Independent Needs Assessment to begin with under-5s

Disability service needsDisability Act Part 2

• Independent assessment of need

• HSE Service Statement

• Legal entitlement to what’s in Service Statement

• Covers HSE services + education

• Aggregate shortfall in needs is published

• Personal Advocates for vulnerable people to help them apply for services

Funding

• Multi-annual funding– Budget 2005 €950m over 5 years

– NDP 2007-13 €19.25bn over 7 years

• Main focus on HSE disability services – €18.8bn

• Education €260m

• Environment €164m

Employment

• UN Convention – Art. 27

• the right of persons with disabilities to work, on an equal basis with others

• Employ people with disabilities in the public service

• Nat. Disability Strategy

• Employment Equality Acts

• Employment Strategy for people with disabilities

• 3% employment target in public service now the law

Sectoral Plan

Employment

• 7,000 more disabled people to be in jobs by 2009

• Development of comprehensive employment strategy for people with disabilities

• Improvements to FÁS services

• More active support to get people into work, via Local Employment Service

• Link in with other departments – Health, Social Welfare

Public Service Employment targetPart 5 Disability Act

• Legal duty on each body to employ staff with disabilities

• 3% the default target • Narrow definition of disability to focus positive

action• Monitored by Departments• Departments report to NDA• NDA may recommend remedial action

Living standards

• UN Convention – Art. 28

• adequate standard of living

• Access to public housing programmes

• Nat. Disability Strategy

• Target improvements in payment rates

• New housing strategy for people with disabilities to be developed

Sectoral Plan

Social and Family Affairs

• Target improvements in payment rates

• Study Cost of Disability payment

Culture recreation and sport

• UN Convention – Art. 30

• right of persons with disabilities to take part on an equal basis with others in cultural life

• access to sporting, recreational and tourism venues

• Nat. Disability Strategy

• Accessibility programme for local authority venues

Conclusion

• Implementation of National Disability Strategy will support some key commitments in UN Convention

• NDA Strategic Plan:

• to support implementation of National Disability Strategy

• to monitor implementation of National Disability Strategy