UK Government

A ‘human catastrophe’ – New UN condemnation for UK human rights record

Disability Wales Press Release
31st August 2017
 
The UK Government’s claim to be a ‘world leader in disability issues’ has today been crushed by the UN Committee on the Rights of Persons with Disabilities. The Committee has released damning Concluding Observations on the UK, following its first Review of the government’s compliance with the Convention.
 
 The highlights of the press conference held by the UN Committee on the Rights of Disabled People at this afternoon are:
·        The Committee has made the highest ever number of recommendations to the UK.
·        The UK’s retrogression in ensuring Independent Living is a major concern. There is not adequate funding, resulting in too much institutionalisation.
·        There is a significant problem with Deaf and disabled people’s standard of living. Disabled people continue to be disadvantaged in employment, and are not adequately compensated for disability by the state.
 
The Observations conclude last week’s public examination of the UK Government’s record on delivering disabled people’s rights. The examination was declared by the UK rapporteur Mr Stig Langvad, to be “the most challenging exercise in the history of the Committee”. Mr Langvad raised deep concerns on the UK Government’s failure to implement the rights of disabled people. He also noted the government’s “lack of recognition of the findings and recommendations of the (2016) Inquiry” which found ‘grave and systematic violations of disabled people’s human rights’.
 
Deaf and Disabled People’s Organisations (DDPOs) were hailed as the genuine “world leaders” for their efforts in bringing to light the injustices and human rights violations inflicted on disabled people in the UK.
 
The UK Delegation of Deaf and Disabled People’s Organisations has issued the following joint statement:
 
“Today the UN(CRPD) Committee has, once again, condemned the UK Government’s record on Deaf and Disabled People’s human rights. They have validated the desperation, frustration and outrage experienced by Deaf and Disabled people since austerity and welfare cuts began. It is not acceptable for the UK Government to ignore the strong and united message of the disability community.
 
UK Government representatives committed during the review to rethinking the way they support Deaf and Disabled People to monitor our rights. We welcome this commitment.  However, we are clear that our involvement must be genuine and inclusive and that we cannot accept anything less than progress on delivering the human rights enshrined in the Convention, and denied us for too long.
 
DDPOs have established themselves as a force to be reckoned with following a long campaign of challenging the Government’s blatant disregard for the lives of Deaf and disabled people in the UK. The unity and solidarity demonstrated by the Committee and the UK Independent Mechanism in supporting our calls for justice continue to strengthen us.”
 
Rhian Davies, Chief Executive of Disability Wales said, “It is a relief to see that the UK Government’s appalling treatment of disabled people has been called out by the UN Committee. The Concluding Observations give a clear sense of direction for the UK and devolved Governments. 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 a devolved nation, it is not possible to entirely mitigate the impact of UK austerity policies and we will continue to join forces with our sister organisations across the UK in our quest to safeguard disabled people’s human rights in Wales.”
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Austerity policies have created a “human catastrophe” – UN Committee Chair condemns the UK’s record on human rights.

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.”

Disability Wales calls out UK Government on human rights violations of disabled people

PRESS RELEASE

Disability Wales calls out UK Government on human rights violations of disabled people.

Disability Wales and Deaf and Disabled People’s Organisations (DDPOs) from across the UK join forces in Geneva this week, presenting evidence of ongoing human rights violations to the UN Committee on the Rights of Disabled People.

In a closed session on Monday 21st August, Disabled People’s Organisations will highlight the UK Government’s failure to respond to many of the questions put to it by the Committee throughout this process, and will tell the Committee of the systemic failure to support disabled people to live independently and to have access to social, educational and employment opportunities.

Key issues include:

  • The UK Government’s failure to answer the questions put to it by the UN Committee on the Rights of Disabled People in their List of Issues.
  • The retrogression in implementation of disabled people’s rights in the UK.
  • The UK Government’s dismissal of the 2016 Inquiry recommendations and lack of respect for implementing the range of human rights Conventions.

Disability Wales will also call for Welsh Government to strengthen its own approach to fulfilling its obligations under the CRDP. Recent engagement with disabled people across Wales regarding the review of the Framework for Action on Independent Living, confirmed that barriers to achieving disability rights and equality in Wales, remain firmly in place.

The Public Examination of the UK and devolved Governments will take place on Wednesday 23rd and Thursday 24th August.

This is the first time the Committee will review a State that it has previously had under Inquiry for violating the Convention on the Rights of Disabled People. Disability activists will draw attention to the UK Government’s dismissal of recommendations for action noted by the Inquiry.

Rhian Davies, Chief Executive of Disability Wales says: “Disabled people are being failed by the UK Government and we are in Geneva to call out these violations of our rights.

The recent Supreme Court ruling overturning Tribunal Fee charges is just one example of where discriminatory policies have been deemed unacceptable. There are many more policies that need throwing out in order to protect the rights and lives of disabled people and their families.

This is our opportunity to show that we will not stop challenging Government sanctioned discrimination and exclusion of disabled people in the UK.”

In a closed session with the Committee, DDPOs will be identifying issues that have the most severe impact on disabled people in the UK.

We will request that the Committee make recommendations to the UK and Welsh Governments on actions they should take to progress the rights, access and inclusion of disabled people in all areas of their lives.

Wendy Ashton, Chair of Disability Wales said, “The Examination gives disabled people a voice and shines a spotlight on decisions the Government has taken to marginalise us.

In Wales, devolution provides the opportunity to do things differently. It is essential that Welsh Government strengthen the role of the Framework for Action on Independent Living since there is no other overarching mechanism in Wales that outlines our rights.

We must make sure that a human rights based approach identifies and meets the needs of disabled people living in Wales and call upon Welsh Government to support us as we fight for a better future for all disabled people.”

 

Support from Ian Lucas MP #SaveWILG

I am pleased with how the #SaveWILG campaign is going so far as I’ve had plenty of media coverage, a good response to my postcard campaign, solidarity and support from Welsh Labour Grassroots and now I have had support from Ian Lucas MP, totally justifying the efforts I made to help him get re-elected in June.  He has written to Rebecca Evans AM to voice his concerns over the closure of WILG and to ask for a meeting between her good-self and recipients.  I have copied the letter below with permission from Ian Lucas.

This has made me think… If other people could write to their local MP and highlight the worrying WILG situation, then any further letters like the one below will only serve to increase the pressure on the Welsh Government and make them think twice about their decision to close WILG.  This would be great wherever you live as a letter from an MP outside of Wales would be just as effective.  Thanks for your support.

Anyway, here is the letter from Ian Lucas:

Rebecca Evans AM
Minister for Social Services and Public Health
Welsh Government
5th Floor
Tŷ Hywel
Cardiff Bay
CF99 1NA

14 August 2017

Our Ref: ZA19750

Dear Rebecca,

I am writing on behalf of a constituent, Mr Nathan Lee Davies who recently contacted me regarding the Welsh Government proposal to transfer administration of the Independent Living Fund to local authorities.

Nathan is a beneficiary of the fund with whom both Lesley Griffiths and I have worked over a number of years on disability issues. Nathan suffers from Friedreich’s ataxia, a disease that causes progressive damage to the nervous system. We have participated together in consultation events on ILF and discussed the fund with other recipients at consultation events, some of which were organised by the Welsh Government.

I am acutely aware that the UK Government has passed responsibility for the difficult decisions relating to the future of the ILF to the Welsh Government and I do not envy you the decision you have been asked to make. However, I am very concerned indeed, having discussed the issue in depth with Nathan, at the decision to transfer administration of the scheme to local authorities.

Neither of us believe that our Council has either the capacity or expertise to carry out this function and this decision is causing real concern to Nathan and other recipients of the scheme.

I would be very grateful if you would agree to meet with Nathan, me and other recipients of the scheme to discuss their concerns.

I look forward to hearing from you.

Yours sincerely,

Ian Lucas MP

 

Disability Wales Press Release

PRESS RELEASE

Disability Wales in Geneva to take evidence of human rights violations to UN Committee on the Rights of Disabled People

Disability Wales and Disabled People’s Organisations from across the UK join forces in Geneva today to meet with the UN Committee on the Rights of Disabled People.

During the first ever investigation of the UK Government’s compliance with the UN Convention on the Rights of Disabled People, we will be providing evidence of systemic failure to support disabled people to live independently and to have access to social, educational and employment opportunities.

This is the first time the Committee will review a State that it has previously had under Inquiry for violating the Convention.

Rhian Davies, Chief Executive of Disability Wales says: “Disabled people are being failed by the UK Government and we will not be quiet whilst our rights continue to be violated.

Not only have the UK Government been dismissive of rights violations noted by the Inquiry, they have continued to progress policies and cuts that attack the rights and lives of disabled people and their families. We will continue to hold our Governments to account and put pressure on public institutions to value and uphold the rights of disabled people in Wales.”

In a closed three hour session with the Committee, DPOs will be identifying issues that have the most severe impact on disabled people in the UK. We will request that the Committee ask questions of the UK and Welsh Governments on actions they will take to progress the rights, access and inclusion of disabled people in all areas of their lives.

Returning from Geneva, Disability Wales will launch the Wales report on 15th March at the Cross Party Working Group on Disability.

The three key messages from Wales are:

  • To strengthen the Framework for Action on Independent Living by ensuring greater local accountability for delivering the Framework to enable genuine choice and inclusion in all areas of life, including employment.
  • Ensure that upcoming infrastructure projects are fully inclusive in creating an accessible Wales, from transport to provision of information and services and access to the built environment.
  • To address the barriers in accessing justice by improving provision of advice, advocacy and specialist legal representation.

Wendy Ashton, Chair of Disability Wales said, “It is important that disabled people realise that we do have a voice and are using this process to make the world aware of how we are being failed in the UK.

In Wales, devolution provides the opportunity to do things differently and we will continue to work closely with Welsh Government to press for implementation of our calls for action. We must make sure that a human rights based approach identifies and meets the needs of disabled people living in Wales and call upon Welsh Government to support us as we fight for a better future for all disabled people.”

 

Disability Wales Press Release

PRESS RELEASE

FOR IMMEDIATE DISSEMINATION

Open letter to oppose Government’s disability benefit cuts

Ahead of next week’s Budget, Disability Wales are supporting a UK wide call for the Government to reconsider planned cuts to the Work Related Activity Group (WRAG) of the disability benefit Employment Support Allowance (ESA), which will see new claimants lose out on £30-a-week, £1500 a year.

Wales has a higher proportion of disabled people than the rest of the UK with a greater proportion of disabled people also living in poverty.

The UK Government claims this cut to ESA will ‘incentivise’ disabled people to get in to work, despite a recent Work and Pensions Select Committee report highlighting that evidence towards this is ‘ambiguous at best’. Disability Wales argues that instead of halving the disability employment gap, the cuts will directly undermine this aim pushing disabled people closer to or into poverty, with a survey of over 500 disabled people finding:

* Almost 7 in 10 (69%) say cuts to ESA will cause their health to suffer

* More than a quarter (28%) say they sometimes can’t afford to eat on the current amount they receive from ESA

* Almost half (45%) of respondents say that the cut would probably mean they would return to work later

* Just 1% said the cut would motivate them to get a job sooner

A recent Disability Wales survey highlighted the desperate struggle of many disabled people dealing with the stress of a system that continues to obstruct and not support. We will be calling upon Welsh Government to put pressure on UK Government to reverse the policies of further cuts.

Rhian Davies, Chief Executive of Disability Wales said:

“The UK Government has been heavily criticised by the UN Committee on the Rights of Persons with Disabilities for breaching the rights of disabled people through its ongoing programme of austerity and welfare reform.  To continue to target disabled people with further cuts is beyond comprehension or humanity.

Poverty, poor housing, lack of access to transport, local services, education and skills training means that the odds are stacked up high against disabled people seeking employment. Increasing insecurity and distress by cutting income will do nothing but bring more harm to disabled people in Wales.”

Disability Wales will be taking evidence to the UN Committee on the Rights of Persons with Disabilities on March 13th which will demonstrate how the UK Government is continuing to fail disabled people in Wales and across the UK. The delegation will lobby for recommendations to be made to UK and Welsh Governments to take action to reverse the impact of these severe attacks on the rights of disabled people.

Open letter

“Dear Prime Minister,

“We urge the Government to reconsider the £30-a-week cut to Employment and Support Allowance (ESA) and Universal Credit facing sick and disabled people. The cut has caused deep concern among the sector and unease among MPs from all parties and we remain united as a sector in our opposition.

“The cut to new claimants in the Work-Related Activity Group of ESA and within Universal Credit (UC) from 1st April 2017 will affect many people found currently ‘unfit for work’ but will also impact many disabled people in work and on low wages due to the way UC works.

“Almost 70% of sick and disabled people surveyed said this cut would cause their health to suffer and just under half said they would probably not be able to return to work as quickly, therefore undermining the Government’s attempts to halve the disability employment gap – something we wholeheartedly support.

At a time when 1 in 3 households with a disabled member are living in poverty, £30 a week can be a huge loss in income. We therefore urge the Government to halt this cut immediately.”

Notes to editors:

1. Disability Wales is the national association of disabled people’s organisations in Wales championing the rights, equality and independence of all disabled people.

2. The Disability Wales response to the “Improving Lives: Work, Health and Disability” Green Paper highlights the detrimental impact of welfare reform on disabled people seeking work and accessing benefits such as Employment Support Allowance. It can be accessed here: http://www.disabilitywales.org/wordpress/wp-content/uploads/FINAL-Disability-Wales-response-to-Improving-Lives-Green-Paper.docx

3. The UN Committee on the Rights of Persons with Disabilities investigation throughout 2017 will assess what steps the UK has taken to implement the UN Convention on the Rights of Persons with Disabilities. The Committee is a body of experts, nominated and elected by governments, the majority of whom are disabled people.

4. The committee postponed its assessment of the UK (originally due in 2015) to investigate a complaint of the violation disabled people’s rights as a result of welfare reform. This was brought under the optional protocol of the Convention. That investigation looked only at a part of the UN Convention – with a particular focus on the impact of austerity measures and welfare reform. The current report looks at a much wider set of issues, including our laws on mental health and mental capacity, policies on employment and education and more.

5. For media enquiries, please contact:

Natasha Hirst on 029 2088 7325 or via Natasha.hirst@disabilitywales.org

Keep on keeping on

So, the Welsh Independent Living Grant (WILG) has been extended to March 2017. This is a reason for celebration and is the culmination of a lot of hard work by many people over the last 12 months to protect independent living for disabled people across Wales.

However, we cannot rest on our laurels and must start thinking about what we are going to do this time next year. We are still looking for a long-term solution to the problems that the Tories caused when they closed the Independent Living Fund (ILF) .

We also need to analyse the letter which was sent to Paul Swann at Disability Wales who acts as Secretary of the Cross Party Group on Disability. The full letter can be downloaded here:  Minister’s response to CPGD re ILFWILG.

As stated above, Mark Drakeford AM (Minister for Health and Social Services) has confirmed that the draft Welsh Government budget contains £27 million to enable WILG to continue until March 2017. However, it is clear from the letter that the current level of funding form the UK Government is only sufficient to maintain recipients’ payments at the same level as they previously received form the ILF. It does not cater for any changes in a person’s circumstances or any changes in the level of support they require. The Minister confirms that the funding provided by the UK Government does not include any funding in respect of administration costs.

The Minister does recognise that a long-term solution is required and he has confirmed that he hopes to be in a position to respond more fully with regard to the scheme within a month.

With an election on the horizon in Wales the Assembly Members will be preoccupied until May but this does not mean we can’t do our homework in building a strong case as to why we need a more lasting Welsh ILF system – similar to the ones that have been established in Scotland and Northern Ireland.

I intend on meeting my prospective AM and getting their commitment to safeguard independent living in writing, I’ll write to the Welsh national press to make this issue a political hot potato and in a change of tact I also hope to get back in touch with Ian Lucas, my local Labour MP, who has always represented me well in Westminster. I would like to ask him to press the Tories hard about the amount of money they give to the devolved governments to cover independent living. It is not good enough to simply pass on the same amount of money distributed in 2015 as this does not account for new claimants or changes in circumstances. As someone with a progressive disability, I fear that the time will come – sooner rather than later – when I won’t be able to pay for the hours of care needed for me to remain living independently in the community; The Tories must be challenged and stopped from pushing ahead with fascist plans that boil down to nothing less than systematic social cleansing.

Writing and campaigning is what I am good at. Back in December, I wrote a blog entry entitled Fighting for independent living in Wales in which I appealed for assistance from recipients of ILF in Scotland and Northern Ireland. I wanted their opinions and experiences on how their national ILF schemes functioned since the closure of the UK-wide ILF in the hope that it may prove an inspirational model for us to follow in Wales.

I received the following comment in response to my blog: 

Hi Nathan – My name is Charles Rainey and, in 2012, with my wife set up the ILF User Group NI, dedicated retaining the ILF in NI should Westminster decide to replace it. With the support of relevant charities and individual politicians we drove the decision to set up the current situation where users have basically noticed no difference going from one to the other. Send me an email and I can send you more details on our approach.

I sent an email to Mr Rainey and set up a telephone call in which I’d discovered that my new found friend from Northern Ireland had done wonders in setting up a User Group that actively lobbied for the retention of an ILF for Northern Ireland. Mr Rainey is an accountant by trade and deserves enormous credit for all his hard work in helping to create a stable future for disabled people in Northern Ireland. I wish that I could follow his inspirational lead, but I am just not cut out for all the paperwork and bureaucracy that is involved in establishing such a protest group. Therefore all I can do is appeal to any professionals with a conscience based in Wales to take up a similar challenge to Mr Rainey and help provide hope for disabled people nationwide.

On top of this I am also concerned about my own staffing situation. I currently have a vacancy for a personal assistant for 16 hours per week with every chance that this will lead to more hours. This is a great opportunity to work with a small team in a rewarding environment. Rates of pay are £7.26 (between 7am and 8pm) and £9.64 (between 8pm and 7am) and training opportunities are available. However, this position has been advertised for over 12 months with little response and even when I do receive applications from candidates and invite them for interview then I find they are far from suitable.

I believe this is a sign that we live in an increasingly uncaring society.

I guess this is a call for anyone in the Wrexham area, preferably female, with a caring attitude to read the following job advertisement and consider applying to become a member of my staff.

http://www.penderelstrust.org.uk/recruitmentDetailsPA.php?recruitment_id=5211

I don’t bite, honest.