uncrpd online seminar presentation 1

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					Being part of Scotland’s story
   under the UN Disability
        Convention
               -
         Seminar 1
Rights in a Recession


Monday 12 December 2011
       12 – 1pm
Welcome and overview
Jemma Neville, Scottish Human Rights Commission


• Welcome to the seminar! What is the seminar
  series?
• Please introduce yourself online
• Palantyping
• Everything will be recorded
• Please ask questions
• Tweet #crpdseminar
• Introductions – hand over to Duncan Wilson,
  Scottish Human Rights Commission and Dr
  Pauline Nolan, Inclusion Scotland
The Disability Convention
Duncan Wilson, Head of Strategy and Legal,
Scottish Human Rights Commission



• International human rights agreement signed by
  UK Government

• Commitment to ensure disabled people enjoy
  same human rights as others

• Is about making sure disabled people have real
  choice and control in all areas of life
Role of the Commissions



• 4 Commissions across UK are the ‘independent
  mechanisms to promote, protect and monitor the
  implementation of the Convention.
  Promote = encourage action by Government to implement
  the Convention further & understanding of the rights in the
  Convention (including amongst disabled people)

  Protect = to challenge any reduction in people’s rights

  Monitor = to gather evidence and report to
  UN Disability Committee
Role of disabled people



• ‘Nothing about us, without us’ – disabled people
  are central to the implementation of the
  Convention

• Involvement of disabled people as with
  autonomy - choice and control - in all areas of
  life

• Not just monitoring breaches,
  legislation etc but achieving
  social change
Human Rights of Disabled People
in a recession (general principles)




Participation

You have the right to take part in decisions that
affect your rights, including budgetary decisions

Article 8, ECHR/HRA;
Article 4(3) CRPD;
Human Rights of Disabled People
in a recession (general principles)



Accountability

The rights of disabled people must be taken into
account by local authorities in their budget
decisions

Section 6 Human Rights Act;
Article 4(1)(c) CRPD;
Human Rights of Disabled People
in a recession (general principles)



Non-Discrimination and Equality

Public authorities must pay “due regard” to the
need to advance equality of opportunity for
disabled people in all their decisions ; and budget
decisions must prioritise those in the most
marginalised situations

Public Sector Equality Duties (s149 EA 2010)
Article 4(2) CRPD;
Article 2(2) International Covenant on ESC Rights;
Human Rights of Disabled People
in a recession (general principles)



Empowerment

Disabled people should be given the support they
may need to take part in budgetary decisions

Article 8 ECHR/HRA
Article 12 CRPD
Human Rights of Disabled People
in a recession (general principles)



Legality

Budget decisions must be compatible with the full
range of disabled people’s human rights (civil and
political and economic, social and cultural)

Art 8 & Art 3 ECHR/ HRA
Art 17 & 19 CRPD
Some of the rights
at stake



  • Absolute rights like right to life and freedom from
    degrading treatment and– red lines below which
    practice must not fall (Art 2 and 3 ECHR/HRA)


  • Qualified rights like the right to private and family
    life: broad scope; interference must be based on
    law, pursue a legitimate aim and proportionate
    (“least restrictive alternative”)
• Economic, social and cultural rights like the right
  to adequate housing/highest attainable standard
  of health:
   – Duties to respect, protect and fulfil
   – Progressive realisation
   – Prioritisation of the most marginalised and of
     “minimum essential levels”
   – reasonableness
UNCRDP: The recession and disabled
     people’s human rights
        Dr Pauline Nolan
The Recession and disabled people in
             Scotland
• 2008 but feeling effects now
• “Triple whammy” Fiscal cuts in response
  disproportionately affecting disabled people
           - cuts to essential benefits
           - cuts to services
           - increase in charges
• Targeted media campaign on ‘benefit fraud’
  increase in experiences of harassment
• Network of disabled people’s organisations
  and individual disabled people
• Draw attention to the physical, social,
  economic and attitudinal barriers that affect
  our everyday lives as disabled people and
  exclude us from the mainstream of society.
  “Nothing About us, Without us”
Aim: To empower disabled people to have an effective
voice at policy and decision making level in Scotland
and beyond.
• UN CRDP IS Recent Activities
- Response to UK government (consulted members)
- Submission to UN Council on Human Rights
(UPR)http://www.inclusionscotland.org/reports.asp
- Human Rights Tool-kit launched
          Scale of the Benefit Cuts:

• Impact in Scotland = over £2 billion being taken out
  of local economies

• IS estimate at least half of that (£1 billion) is being
  taken from Scottish disabled people and their
  families
    By 2015 the total loss to disabled people resulting from reforms to
    just three welfare benefits will be £688 million annually

•      Time limiting contributory ESA to 12 months and people
       failing WCA and losing benefit altogether or moving onto
       JSA will result in annual losses of £378.6 million.
•      The 20% reduction in DLA/PIP expenditure will result in a
       £268 million loss in benefits and
•      The loss in Housing Benefits to disabled people’s
       households who are social housing tenants will amount to
       £42 million annually.
       Total annual loss from these three benefits
              = £688 million
               Cuts to benefits
• DLA, ESA, uprating of benefits change
• Disabled people more likely to rely on other benefits
  too
• housing benefits will reduce by average £13 p.w. for
  under occupancy penalty
• +66,000 households with disabled people will need
  to find additional money
• Household dependents and non-dependents likely to
  lose benefits too
                   Others
• Independent Living Fund removed – future of
  human rights for young people
• WRB proposes to remove automatic
  entitlement to contributory entitlement for
  disabled children; young disabled adults will
  not have NI payments.
• Idea of independent living removed entirely.
• And facing additional charges e.g. for care
• Without the income these benefits bring, disabled
  people will:
     - Lose access to their communities, social and
  family life
     - Lose passported benefits e.g. travel passes
     - Potentially be made homeless/ be moved to
     residential care
     - Be more likely to need emergency treatment
        and/or health and/or social services
                 LA Cuts to Services

•  threshold of ‘eligibility criteria’  ‘life and limb’
  care
• Procurement: cheapest not always the safest
Impact:
  adult left on chemical toilet/ in incontinence pads
  instead of day or night care services
  other examples of neglect and abuse
• Rates of fraud very low for DLA and ESA (both
  below 0.5%)
• Yet DWP putting out press releases playing up
  the rate of fraud and error

Negative stories in the press, for example, re
 motability scheme
 in turn, leading to attacks and abuse
       Hate crime/ harassment
• Recent SCOPE survey
• EHRC “Hidden in Plain Sight” report
• Our members have been telling us the same


• DWP campaign in media to report benefit
  fraudsters can only worsen this situation
               CASE STUDY (LCIL)
• Robert
• Age: 38 Impairment: Rheumatoid Arthritis Marital
  Status: Single

Current Benefit Entitlement:
                Amount per week
• Income Support for incapacity
       £96.53
• Disability Living Allowance (Low Rate Care, High Rate
  Mobility) £70.95
• Housing Benefit
• Council Tax Benefit
Current Financial Impact:
• Housing Benefit £10 p.w. (£520 less per year)

Future Financial Impact:
Disability Living Allowance low rate care £19.55
  (£1,016.66 less per year)
• Total loss in income per week £29.55
• Total loss per year £1,536.66
“Nothing About us, without us”

 www.inclusionscotland.org
Questions



• Please post your questions or comments
  in the online text box and we will select
  some of these for the presenters to
  discuss.
End of seminar



• Thank you for taking part

• To provide feedback please email
  hello@scottishhumanrights.com

• Next seminar is Monday 16 January on ‘Getting
  Justice’

• If you missed anything, you can watch or listen
  again by going to:
  http://www.scottishhumanrights.com/ourwork/crp
  d/seminar

				
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