“Understanding the UNCRPD and making the rights a reality”

Heather Logan

Disability Action’s Centre on Human Rights for People with Disabilities

Introduction

• United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) was adopted by the UN on 13 December 2006 and came into force on 03 May 2008

• Why have a specific convention?

• Convention marks a ‘paradigm shift’ in attitudes and approaches to persons with disabilities

• Are these new Rights?

Unpacking the UNCRPD

• Standard format of Conventions with 50 articles

• Details the rights of persons with disabilities

• Optional Protocol

• Reservations (opt out) and Declarations (clarifications)

The UNCRPD – The Key Principles (Article 3)

• Dignity• Independence• Freedom to make choices• Non-discrimination• Participation• Inclusion• Respect for difference• Acceptance• Equality of Opportunity• Access

UNCRPD’s Implementation Framework (Article 33)

• Article 33 (1) Designate one or more focal points within government for matters relating to the Convention

• Article 33 (2) requires the State to designate an independent mechanism.

• Article 33 (3) to ensure that Civil Society, in particular, people with disabilities and their representative organisations are involved and participate fully in the monitoring process (also Article 4 (3) General Obligations)

Article 27/1 : Work and Employment

“States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realisation of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation”

Work and Employment• Prohibit discrimination related to

work• To receive equal pay for equal

work• Choose the work of their own

preference• To be able to exercise labour

and trade union rights• To enable access to guidance

programmes, placements and continuing training

• To benefit from equal opportunities and safe and healthy work conditions

• Promote self-employment and business opportunities

• To be provided with career counselling, vocational training and career opportunities

• To have the possibility to be hired both in the public and in the private sector which may include affirmative action, incentives and other measures

• To ensure that reasonable changes are made in the work place environment (i.e. fulfil the ‘reasonable accommodation’ principle) according to the personal needs

• Promote vocational and professional rehabilitation programmes to support the return to work

What does Article 27 mean?

• Not a right to employment - but a duty on government to create conditions which promote the equal opportunities.

• Protection against being forced to work, and it gives disabled people right to access and non-discrimination in work.

Practical Implications for the State Before introducing appropriate policies and programmes the

State should:

• Create information systems to provide disaggregated data with regards to disabled people to facilitate the development and evaluation of policies and programmes

• Examine other jurisdictions for best practice

• Consider any relevant comments from the UNCRPD committee and other sources

• Consult fully with people with disabilities and their representatives

• Consider interaction with other articles

“Thus, monitors should be asking what society has done or not done which is

obstructing the full enjoyment of persons with disabilities rights – not how their physical or mental impairment has

affected the enjoyment of their rights.”

Office of the Commissioner for Human Rights (2010)

Setting the scene in Northern Ireland

• 38.7% of disabled persons are in employment compared to 73.9% of non-disabled persons

• Key policies and programmes in Northern Ireland relevant to Article 27

Northern Ireland….the future?

• OFMDFM Report – recognises the central nature of work

• General strategies – but we need to know the affects on people with disabilities

Emerging Issues/Challenges for Article 27

• Sheltered Workshops• UK Welfare Reform

Any gaps within Article 27?• Career Advancement• Self-Employment

Some final thoughts…..

How can people with disabilities get involved with monitoring and implementation of Article 27?

Involving people with disabilities

Raise Awareness

Gather Evidence Shadow/Parallel Reports to the UN

InfluenceGovernment

Enforce Rights

CapacityBuilding

Conclusion• UNCRPD offers a vision for people with disabilities• Importance of Article 27 – Work & Employment

– Social participation– Economic independence– Family and relationships– National economy and well being

• People with disabilities not fully integrated into the labour market

• Finally, by identifying strengths and opportunities as well as better addressing weaknesses and threats, is a much needed duty in the effort of improving the lives of persons with disabilities.

Things you need to consider…Articles 4 (3), Article 33 (2) & Article 33 (3)

Where has your State involved people with disabilities? - Is it meaningful participation?

Does Government include everyone with a disability?

To what extent have people with disabilities from different backgrounds/age range been involved?

“Nothing About Us Without Us”

How can you find out more about human rights?

The Centre on Human Rights for People with DisabilitiesDisability ActionPortside Business Park189 Airport Road WestBELFAST, BT3 9ED

Email : humanrights@disabilityaction.org

Tel No : 028 90 297880Fax No : 028 90 297881Textphone : 028 90 297878