Oireachtas Joint and Select Committees
Thursday, 27 May 2021
Joint Oireachtas Committee on Disability Matters
United Nations Convention on Rights of Persons with Disabilities and Ratification of Optional Protocol: Discussion
Violet-Anne Wynne (Clare, Sinn Fein) | Oireachtas source
Go raibh maith agat. I extend a welcome to our witnesses today and thank them for their time and for the information that they have provided in their submissions. We are talking about the UNCRPD. The European Disability Federation referred to it as a convention of many firsts. First, it is the first human rights treaty to be adopted in the 21st century. Second, it is the first international human rights convention that the European Union has ratified as an entity itself. That means that as a collective, as a network of states, the EU itself is committed to bringing into fruition the humanitarian aspirations outlined in terms of access to rights. Third, it is the first convention that has been negotiated directly with its beneficiaries through sustained consultative procedures. Fourth, it is the first convention that makes explicit provisions for a series of multi-level mechanisms of monitoring its actual implementation.
In my view, it is the most inclusive disability legislation to date in that it incorporates, on an equal basis, different levels of lived experience of people with different impairments. Taken together, these unique aspects of the convention should cumulatively give it height and weight, gravity and meaning in terms of genuinely improving the lives of people with disabilities. All of that is good, but because Ireland has chosen not to ratify the optional protocol, it has wangled itself out of any accountability for the disabled people of this country who know the rights enshrined in the legislation are not being vindicated in their direct lived experience.
As a country, Ireland has more equality legislation than many other jurisdictions but some of the least equal metrics in terms of employment, independent living and access to personal assistance services for disabled people. As a State, we did not embrace the UNCRPD and delayed its ratification for 11 years because Government knew how shaky our legislative and service provision foundation was, with a significant number of Acts yet to be fully commenced. There is concern about the optional protocol and its ratification. In responses from the Minister, it has been pushed backed a number of times and different excuses have been given. The most recent excuse was that Government is awaiting a response from the UN on its report. I am concerned about that and about the protracted publication of several vital reports, such as the Indecon report on the cost of disability and the disability capacity review. Coupled with this, the disability portfolio has been transferred from the Department of Health to the new Department of Children, Equality, Disability, Integration and Youth. As a committee, how do we ensure appropriate accountability and funding in the budget process for this area?
I have a number of questions. As the committee is aware, key to an effective implementation of the UNCRPD is co-ordination between social services and health services and between central government and local government. Will Mr. Schefer outline how we can ensure effective implementation of the UNCRPD at local government level and a co-ordination approach in that regard? Will he also comment on the additional mandate provided to the UN committee by the optional protocol and the impact of a state party not ratifying that protocol?
Based on his knowledge, does Mr. Schefer feel the shift of the narrative from disabled people being service users to rights bearers and the move from a medical or charity model to a human rights model will be key drivers to the effective de-institutionalisation and Article 19 of the convention? I would welcome his thoughts in that regard. A deep attitudinal change is needed. What are the practical policy changes that accelerate cultural change?
My next question is to the Spanish Senate members. Based on the experience in Spain, what have been the most effective measures taken to increase employment in the disabled people's community, in respect of which Ireland has the lowest level in the EU, at 32.3%. We have a Comprehensive Employment Strategy for People with Disabilities 2015-2024, but the extent to which it has been effective is inconclusive.
My final question is to the European Disability Forum representatives. They have noted that disabled people are disproportionately impacted by the risk of poverty, a situation compounded by economic recession. In the forum's analysis of various member states of the EU, what countries were identified as having best aligned their social policy with the social model of disability? In what national context is there the best statutory footing and consistent choice-led access to services?
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