giampiero griffo disabled peoples international - dpi t he uncrpd implementation in europe: a tool...

Giampiero Griffo

Disabled Peoples International - DPI

The UNCRPD implementation in Europe: a tool and a challenge for DPI

3.5.2008 Entry in force of UN Convention on the rights of PwDEU ratify 23.1.2011

Higher recognition of the rights of pwd

From the recognition of the needs

To recognition of the rights

154 States has signed CRPD90 States has signed Optional Protocol

125 States has ratified CRPD75 States has ratified Optional Protocol

World ratification process

CRPD is an international standard both for persons with disabilities programs and policies and for general development

Ratification in Europe (36 + 1 – 24 of EU)

Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria,

Cyprus, Czech republic, Croatia, Denmark, Estonia, France, Germany,

Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Macedonia,

Malta, Moldova, Montenegro, Poland, Portugal, S. Marino, Romania, Russia

Federation, Serbia, Slovakia, Slovenia, Spain, Sweden, Turkey, Ukraine,

United Kingdom of Great Britain and Northern IrelandEuropean Union

DPI-EuropeEuropean Disability Forum

New perspectivesfor PwD in the world

1 billions of

Persons with

Disabilities can

Change their

Quality of life

(15% of world

population)

Condition of PwD in the world

82% live in developing countries

(about 800 millions, 1/3

of the poor population)

100Est

Only 2% receives services or support

90% of

pwd are

unemployed

98% children with disabilities

not have access

to a formal

education

Condition of PwD in European Union

80 millionsin 27 countries

The unemployment rate is about 80% 2003 – EUROSTAT)17% of active population inEuropean Union havea disability

500.000 PwD are segregatedin 2.500Mega-instituts(2004, INCLUDED IN SOCIETY)

The Condition of PwD

Societies’ low regard for the abilities of persons with disabilities has resulted in discrimination and stigma attached to disability which pose great barriers in their participation in economic, cultural, political and social life

DPI-Europe 17

PwD are discriminated citizen and live conditions of lack of equal opportunity

PwD meet obstacles and barriers to social participation

PwD = INVISIBLE CITIZEN

The contents of the UN Convention will be the base

of intervention in all countries

Article 1 - Purpose

The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to

promote respect for their inherent dignity.

Persons with disabilities are part of

society

Economical crisis in EuropeStrong resistance from the

governments to accept the human rights approach:

first time in Europe a solution against the economical crisis is cut the social funds

mains resistances are on the education, on independent living, on social protection

Convention on the Rights of PwDArticle 24 – Education

1. States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and life long learning directed to:

(a) The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;

(b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential;

(c) Enabling persons with disabilities to participate effectively in a free society.

Statistics of EADSNE 2008

Total pupils in primary school 54.891.009

Total pupils with disabilities 2.273.041 (4,14%)

Pupils with disabilities 889.482 (1,6%)

in ordinary setting 39,1%

Pupils with disabilities 1.383.559 (2,54%)

in segregated setting60,9%

60% of children withdisabilities aresegregated in special classes or schools(2008, EURIDYCE)

Article 44 - Regional integration organizations

1.“Regional integration organization” shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by this Convention. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence.

2. References to “States Parties” in the present Convention shall apply to such organizations within the limits of their competence.

3. For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3, any instrument deposited by a regional integration organization shall not be counted.

4. Regional integration organizations, in matters within their competence, may exercise their right to vote in the Conference of States Parties, with a number of votes equal to the number of their member States that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

EU fonctioning

EU Parliament

EU Commission

Council of Ministries

EU institutions

NATIONAL COMPETENCE

European Union competence, delegate by state members in a EU Treaty

EU instruments

Directives and regulations (30% of national legislation)

Programs

Policies

EU unit on disability in the DG justice (from DG social)

European disability forum27 national council40 European

organizations

Lobbying activity towardEuropean institutionsEuropean ParliamentNational govermantsDPI-EuropeEuropean Disability Forum

EDF initiativePeriodical Meeting with head of EU institutions

to evaluate implementation of CRPD

Intergroup on disability in EU Parliament

Participation to HLG and other EU bodies

Meeting with DG of EC

Seminar on disability during each presidencyDPI-EuropeEuropean Disability Forum

EU Comptetences - exclusive a)the compatibility of State aid with the

internal market(b) the common custom tariff(c) its own public administration(d) any other matter to the extent that

provisions of the Convention or legal instruments adopted in implementation thereof affect or alter common rules previously established by the Union

EU Comptetences - shared

competence and on matters where the Union coordinates, supports and/or supplements the actions of the Member States

— action to combat discrimination on the ground of disability

- free movement of goods, persons, services and capital

— agriculture— transport by rail, road, sea and air transport— taxation— internal market— equal pay for male and female workers— trans-European network policy— statistics

Union legal acts or policy measures, where there is close and substantial connection with the implementation of the CRPD

— employment— development of quality of education

and implementation of a vocational training policy

— economic and social cohesion— development cooperation— cooperation with industrialised

countriesDPI-EuropeEuropean Disability Forum

European Union initiativeRatification produce:European disability startegy (2010-

2020)Directive of access to market on equal

basysSystem of monitoringForum of discussion

European strategy on disability (2010-2020)

• Accessibility • Participation • Equality • Employment • Education and vocational

training• Social protection • Health• External relationship

• Accessibility • Ensure accessibility to goods, services including public

services and assistive devices for people with disabilities.

• Regulations for passenger with disabilities in Air, bus, train, boat and ITC and television

• Public procurements • Directive on equal access of market

provisions (services and goods)

• Participation

Achieve full participation of people with disabilities in society by:

- enabling them to enjoy all the benefits of EU citizenship- Freedom of movement campaign- Parking card

- removing administrative and attitudinal barriers to full and equal participation;

- providing quality community-based services, including access to personal assistance

- Community living programme

• Equality

• Eradicate discrimination on grounds of disability in the EU

• Directive on employment, Ombdusperson, EU Agency on HR

• Employment

• Enable many more people with disabilities to earn their living on the open labour market

• Specific provisions

• Education and vocational training

• Promote inclusive education and lifelong learning for pupils and students with disabilities

• EU Agency on development for SEN, programs

• Social protection

• Promote decent living conditions for people with disabilities

• Health

• Foster equal access to health services and related facilities for people with disabilities

• External relationship

• Promote the rights of people with disabilities within the EU external action

• Lobbying activities to EC

• Italian network on disability and development

• Implementation of the Strategy:

• Awareness-raising

• Raise society’s awareness of disability issues and foster greater knowledge among people with disabilities of their rights and how to exercise them

• Financial support

• Optimise use of EU funding instruments for accessibility and non-discrimination and increase visibility of disability-relevant funding possibilities in post-2013 programmes (structural funds)

Statistics and data collection and monitoring

Supplement the collection of periodic disability-related statistics with a view to monitoring the situation of persons with disabilities.

Statistical indicators

European work forum

Annual meeting to evaluate in the state members and in EU the Progress on implementation of CRPD

Participation of experts, DPOs, NIHR, EU unit on disability

Other issuesReasearch on disability

Participation to ANED workEU programs on research

Support National council in accession countries(Balkan area, ex-Russia countries)

BioethicsDocument on persons with disabilities in S.

Marino

National level

CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

ARTICLE 3 - GENERAL PRINCIPLES • The principles of the present Convention shall be:

• (a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;

• (b) Non-discrimination;

• (c) Full and effective participation and inclusion in society;

• (d) Respect for difference and acceptance of disability as part of human diversity and humanity;

• (e) Equality of opportunity;

• (f) Accessibility;

• (g) Equality between men and women;

• (h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

DPI-Europe 48

UN Convention on the rights of PwDArticle 5 – Equality and non discrimination

• 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.

• 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

• 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.

• 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

Examples of discrimination in Europe

Ordinary PCDUnemployment 11,0%

Railway Access 100%<5%

Access to information 100%<3%

Discrimination on the basis of disability

“Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;

Multidiscrimination for women with disabilities

National antidiscrimination legislationTransposition of EU directives 78/2000

Specific antidiscrimination law in: Chech rep, Finland, Germany, Ireland, Italy, Serbia, Sweden, UK, …

National independent Human right institutions

The condition of persons with disabilities is a Human Rights matter

Discrimination is the different treatment without justification

DPI-Europe 55

Equal opportunities(UN Standard rules - 1993)

• “24. To realize ’"equal opportunities" means to make possible the process through which the different societies and different environments, as well as the services, activities, information and documentation, are rendered accessible to all, especially to persons with disability.

• 25. The principle of equality of rights implicates that the needs of each person and of all individuals are of equal importance, that these needs must become the foundation for the planning of society and that all the resources are committed in such a way to assure that each individual has the same opportunity to take part.

DPI-Europe56

Equal opportunities(UN Standard rules - 1993)

26. Persons with disability are members of society and have the right to stay within their community. They should receive the support they need within ordinary structures for education, health, the commitment and welfare services.

27. When persons with disability acquire equal rights, they should have equal duties. When these rights have been acquired, society should increase their expectations towards persons with disability. As part of the process for equal opportunities, we should see to it that, persons with disability take on their full responsibility as members of society.

Disability in not only a competence field for professionals, but mainly a political and cultural problem

The disability condition is both cause and effect of poverty

Poverty and PwD

Poverty for economic and social condition: lack of economic resources , degradated conditions (health, food, igienic, social, etc.)

POVERTY OF RESOURCES

Poverty and PwD

Poverty for social impoverishment: obstacles and barriers for access to rights, unequal and discriminated treatment, more cost to enjoy goods and services, etc.

POVERTY OF RIGHTS

Research of Leonard Cheshire in United Kingdom

A family in which live a person with disabilities have the double probability to become poor

Poverty and PwD

Economic poverty and social condition +

Poverty for social impoverishment =

POVERTY OF SOCIAL RECOGNITION

Social Exclusion

EU ENCOURAGE INCLUSION OF PWD IN THE NATIONAL POLICIES RELATED TO POVERTY, SOCIAL COHESION, EMPLOYMENT AND ACCESS TO MARKET

The planning activitiy sharing with 27 country members is the Plan of reform

Paradigma’s Change

From Medical Model of Disability

To Social Model of Disability based on Human rights respect

Medical Model Social Model on HR

PWD are ill, invalidTreatment is recovery and protection The PWD need to be segregatedPrevalent competences for PwD are medical

PWD are citizen with different abilitiesPWD live discrimination & lack of equal opportunityTreatment is social inclusionAll society is competent

Definition of disability into UN Convention

“disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others” (preamble e)

Human DiversityHuman Diversity

Convention on the rights of persons with DisabilitiesUN 2006UN 2006

Environmental & Environmental & social factorssocial factors

Empowerment/Empowerment/ImpoverishmentImpoverishment

Personal Personal factorsfactors

Empowerment/ Empowerment/ impovesishmentimpovesishment

Functions and body Functions and body structuresstructures

(characteristics)(characteristics)

ActivitiesActivities(Limitation & (Limitation &

Discrimination)Discrimination)

ParticipationParticipation(Restrinction & (Restrinction &

Inclusion)Inclusion)

Convention on the rights of persons with DisabilitiesThe condition of persons with specific

characteristics depend from social and individual factors

Disability isn’t an health conditionPrevent disability in medical and social

policiesDisability is an ordinary condition of all

human being

Prevent disability isn’t a cost but economical and social convenience

Strategical actions

Legal protectionNew TreatmentCollecting DataAppropriate PoliciesInclusive developmentCBR-CBIDMonitoring

DPI-Europe 71

Convention on the Rights ofPersons with Disabilities

Article 4 – General Obligations

2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.

Actions for Legal protection

Training on Human Rights legal protection PwD, DPOs and lawyers

Create legal protection centers

Building alliance with HR Commission and other HR independent bodies

Sentences in various contries based on CRPD

Italy on inclusive education

UK on employment

Empowerment

Enforce the capacity and skills Give power in society

Support the participation of PwD into society and their communities, support involvement of DPOs in the process of ratification, implementation and monitoring of CRPD

Training Pwd on Human Rights

Empowerment

Individual Social Political

Empowerment

DPI-Europe 77

UN Convention on the rights of PwDArticle 26 – Habilitation and rehabilitation1. States Parties shall take effective and appropriate

measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes:(a) Begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs and strengths;(b)Support participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas.

DPI-Europe 78

Re-habilitate

Habilitate

Read with closed eyes

Move without walking

Communicate without speaking

Living with open heart

DPI-Europe 80

Re-habilitate society

Habilitate all professionals & politicians

Addis Abeba (Etiopia) Donna sorda vasaia

UN Convention on the rights of PwDArticle 31 - Statistics and data collection1. States Parties undertake to collect appropriate

information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall:

(a) Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities;

(b) Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles of statistics.

2. The information collected in accordance with this article shall be disaggregated as appropriate and used to help assess the implementation of States Parties’ obligations under the present Convention, and to identify and address the barriers faced by persons with disabilities in exercising their rights.

3. States Parties shall assume the responsibility for the dissemination of these statistics and ensure their accessibility to people with disabilities and others.

Data and persons with disabilities

From Statistics data based on medical model of disability to

Statistics data based on social model of disability

From Statistics data focused on institutions to

Statistics data centered on respect of human rights

Collecting data on real condition of persons with disabilities:

Check the condition of discrimination,lack of equal opportunities and participation

Mainstreaming disability in statistics

Evaluate social inclusion policies

EMANCIPATORY RESEARCH IN MANDHYA DISTRICT (INDIA)

EU statistical indicators to check the progress in implementation of CRPD

No data No policies

Poor data Poor policies

Appropriate data New policies

Reformulate the concept of justice for PwD

The model of disability based on respect of human rights for persons with disabilities as neuw paradigma of justice, ethic and praxis of society and individuals

No a Justice based on Metaphisic

CharityReimboursement

Protection

Yes to a new conceptOf Justice based on

InclusionEmpowerment

respect of Human RightsPut in value the Human Diversity

From a welfare basedon social protection

to a development based onsocial

inclusion

Mainstreaming policies

Use of the economical and

human resources for all

Inclusive development

Include the “social” as element of development

Building a development that respect Human Rights of all

Link the development to inclusion (development without exclusion)

Globalization of the Rights

vsGlobalization of the

market

Social Inclusion

Inclusive development

Community-based Rehabilitation

Community-based inclusive development

Community based Rehabilitation - CBR

CBR is a strategy of local community development, based on respect of Human rights of all members, organizing habilitation and rehabilitation services to garantee equal opportunity and social inclusion of PwD

CBR is building by an inclusive development strategy, with direct participation of PwD, their families and all member of communities, removing barriers and obstacles and deleting discrimination in all society and creating adequate services and programmes particular in the area of health, education, employment and social services.

UN Convention on the rights of PwD Article 33 – National implementation and monitoring1. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.

2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.

3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.

EU system of monitoringReports of the Union and its Member States will

cover their respective competences

Agreements and conflicts

Space of political action from Dpos, in the reccommendation of the UN Committee on the right of persons with disabilities

Presence of leaders of the disability movement in the UN committee ; in Spain CERMI recognize independent body

EU Member states that present report to UN

Croatia, Hungary, Italy, Slovakia, Spain, …

Shadow report in Italy, Slovakia, Spain, ..

Monitoring respect of Human rights of PwD

National and local Action plan on

disability

Disability is an envolving concept

Insertion, Integration, Inclusion…

Inclusion is a complex and systemic process to transform rules, aptitudes, behavior

Inclusion needs instruments of participation and support of training and inclusive rules

Social Inclusion

Inclusion is a right based on full participation of PwD in all fields of life on equal base by the others, without discriminations, respecting dignity and valorising human diversity, throught appropriate interventions, removing barriers and prejudices and support based on mainstreaming to live in local communities

Inclusion is effective onlywith direct participation of

excluded and discriminated Persons

Nothing about us without us

We are really experts

on our own life

Hamburg declaration

“enable people and communities to take control of their destiny and society”

UN Convention on the rights of PwD

Article 4 – General Obligations3. In the development and

implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.

Put in Value human diversity

Old Greece

Kalòs = man health and beautiful

Kai = is also

Agathòs = good and appropiate

The participative and inclusive societies

Right to be different

Difference to be right

giampiero griffo disabled peoples international - dpi t he uncrpd implementation in europe: a tool...

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