Reblogged from the Morning Star: http://www.morningstaronline.co.uk/a-761f-Disabled-people-and-their-concerns-can-no-longer-be-ignored#.WZ9EjD595dg
Thursday 24th Aug 2017
ELLEN CLIFFORD and ANITA BELLOWS report on how disability rights activists brought evidence of the Tories’ savage policies to the United Nations
DEAF and disabled people’s organisations from across Britain have come together this week to give evidence about Westminster’s continuing violations of disabled people’s rights under the Convention on the Rights of Disabled people (UNCRPD), with a delegation that includes representatives from Disabled People Against Cuts (DPAC) and the Reclaiming Our Futures Alliance, as well as Disability Wales, Inclusion Scotland and Disability Action Northern Ireland.
There are two parallel processes. The UNCRPD committee will simultaneously hear about British progress in implementing the UN Convention on the Rights of Disabled People, as part of a periodic review of all nations that are signed up to the convention, as well as a presentation following up on the initial complaint made by DPAC under the optional protocol of the CRPD, which triggered the first inquiry against a state under this process.
The periodic review is wide-ranging and covers detentions under mental health legislation, employment, education, transport, housing, social care and independent living, specific discrimination against women, black people, intersex people, people with learning difficulties and so on.
On Monday August 21, deaf and disabled people’s organisations from across Britain gave a presentation in front of the committee in a closed session.
We highlighted the gaps in state provisions which undermine the government’s claim that the Westminster government’s public spending on disability and incapacity is higher than all other G7 countries bar Germany.
The issue is complicated by devolution and the different laws and arrangements which exist in the four nations.
What came out of the meeting was that not only has the Westminster government failed to progress CRPD implementation, but that rights hard fought for by disabled people have been dramatically eroded since 2010 by cuts. This has led us to today’s state of crisis where high numbers of people with learning difficulties and autism are trapped in institutions, there has been a rise in disabled children educated in special schools and the destruction of community support is leading to greater marginalisation and isolation of disabled people.
Following the closed session, deaf and disabled people’s organisations will have the chance to arrange meetings with individual committee members on specific matters such as access to justice, before the committee quizzes the Westminster government representatives on August 23-24. These examination sessions will be open to the public and livestreamed.
Also this week, the CRPD committee heard a follow-up presentation on the specific issues which triggered its inquiry in 2015 which found evidence of grave and systematic violations of disabled people’s rights by the Westminster government due to welfare reform.
These violations were closely related to welfare reform and the devastating and disproportionate impact on disabled people. The investigation carried out by the committee was indepth, involving reading thousands of pages of evidence and reports and a visit to Britain where disability committee members spoke to over 200 disabled people and organisations.
However, the government rejected the findings and dismissed the inquiry report as “patronising and offensive,” questioning the competence of the committee members.
The CRPD committee’s report was leaked to the Daily Mail the day before the US election. The response from the government was dismissive and totally ignored the committee’s conclusions.
One specific demand was for the government to undertake a cumulative impact assessment of the cuts, something that it has consistently refused to do.
This week disabled people had the chance to give a presentation on the worsening of the situation since that inquiry took place and the new cuts and measures that have been introduced withouBrit consultation or by bypassing Parliament and scrutiny — including the cut to personal independence payments brought in at the start of the year that will affect 164,000 people, predominantly those who experience psychological distress.
One major concern that disabled people have is around proposals outlined in the government green paper Work, Health and Disability: Improving Lives.
Its purported aim is to reduce the disability employment gap, but key measures it introduces will extend conditionalities and sanctions to more disabled people, ignoring calls from the National Audit Office to follow up on its initial examination of the impact of sanctions on disabled people, which suggests they actually lower chances for disabled people of finding employment.
For the government, the default position is that all disabled people are able to work, or able to do some work, if given the right incentives and motivation to do.
Using the flawed argument that work is the best way out of poverty, when more and more people in work are getting poorer, the government has devised a regime even more coercive than the previous one, for which impairments are something temporary which can be overcome with willpower and the right mindset. This government is a step away from denying the existence of disability.
Reflecting on the long journey, which has taken disability activists to the United Nations, there is some grounds for optimism.
The inquiry and its outcome mean that disabled people and disability issues can no longer be ignored. Their experiences have been validated by the inquiry’s findings, and the CRPD provides a framework for expressing our grievances and holding the government to account that is missing from domestic legislation. The fight is far from being over, but disabled people have become a vocal and powerful force in Britain.
- Ellen Clifford is campaigns and policy manager for Inclusion London and Anita Bellows is a Disabled People Against Cuts activist.
Deaf and Disabled People’s Organisations welcome the public unity of the UN Committee on the Rights of Persons with Disabilities in their clear criticism of the UK Government’s ‘grave and systematic violations’ of disabled people’s human rights.
Chairperson Theresia Degener in her closing questions stated, “Evidence before us now and in our Inquiry procedure as published in our 2016 report reveals that social cut policies has led to human catastrophe in your country, totally neglecting the vulnerable situation people with disabilities find themselves in.”
The Committee condemned the UK’s attempts to misrepresent the impact of policies through unanswered questions, misused statistics and a smoke screen of statements on policies and legislation which fail to implement the rights of disabled people in reality.
Committee member Coomaraval Pyaneandee said “[I] Want to see you come back as a world leader which at the moment, I’m afraid you are not, but DPOs I congratulate. [They] are in fact, the world leaders in your country.”
The UK Independent Mechanism further reinforced the concerns of DDPOs in their concluding statement which called for:
- Gaps and inconsistencies in disability discrimination legislation to be addressed including the legal basis for British Sign Language
- Steps to be taken to embed the CRPD in domestic law, maintaining the protections in the Human Rights Act
- A coordinated approach to implementing the Convention and the Committee’s recommendations across the UK, with fully resourced and meaningful involvement of disabled people.
Tara Flood, Alliance for Inclusive Education and Reclaiming Our Futures Alliance said, “The UK’s track record on article 24 is not acceptable. The Chairperson made it clear and unequivocal that inclusive education is not a choice, it is a right. We are not surprised but always disappointed by UK Government’s lack of commitment to inclusive education for disabled children and their efforts to mask segregation.”
Devolved Nations also had the opportunity to address questions put to them by the Committee.
Patrick Malone, Disability Action Northern Ireland said, “It is not acceptable for the UK Government to hide behind lack of an Executive or Ministers for NI for the disparity of equality in legal protection for disabled people in Northern Ireland as compared to the rest of the UK. The Government must ensure that all of the disability provisions of the Equality Act 2010 are fully implemented in Northern Ireland as a matter of urgency.”
Rhian Davies, Disability Wales said, “We welcome Welsh Government’s commitment to a strengthened Framework for Action on Independent Living since much of the implementation of the UNCRPD is devolved to Welsh Government. However, as with the rest of the UK there is much more to be done in Wales in safeguarding disabled people’s human rights. This has been a historical week for the disabled people’s movement and one that we are proud to have played our part in.”
Sally Witcher, Inclusion Scotland said, “We wholeheartedly welcome the Committee’s comments on the UK. The government has not been allowed to get away with evasive responses which disregard the lived experiences of Deaf and Disabled people throughout the UK. We were disappointed that the opportunity was not available for Scottish Government to reply to all of the questions directed towards it, such as its plans to implement supported decision making for people with learning disabilities and how it will address the failings of the social care system. However, we anticipate opportunities to address these issues in response to the Committee’s concluding observations.”