Oireachtas Joint and Select Committees

Tuesday, 14 February 2023

Joint Oireachtas Committee on Autism

Autism Policy: Discussion (Resumed)

Ms Sin?ad Gibney:

I thank both of my colleagues for their comments. To respond to Dr. Conaty's invitation to elaborate, the optional protocol just cannot be stressed enough. I have been in conversations with public representatives and officials who have said this is the policy approach, that we must have everything lined up before we go for it. I would like to quote Markus Schefar who is a member of the United Nations Committee on the Rights of Persons with Disabilities, who said, when appearing at the Joint Committee on Disability Matters in May 2021, "Not ratifying the optional protocol tells the world community you are not comfortable enough with what you are doing to have an external body in a court-like procedure examine whether your internal actions, as they transform to individuals, are in conformity with the CRPD". It is important to look at the language used there, because he is not saying it needs to be all fixed and ready to go. He is saying the intent needs to be demonstrated that CRPD is going to inform our disability policy and legislation, and that is what we are looking for. That is what the optional protocol will help with. That is so important to finish on.

Relating to Dr. Conaty's broader comments and to build on that a little bit, there has to be a reflection and the State needs to be self-aware in itself of how our most vulnerable communities are realising their rights and are subject to discrimination. There is a defensiveness, not just sometimes but quite frequently, on the part of the State that informs a lot of different areas. It has come out clearly in the discussions today and very clearly in recent discussions on State litigation practice. I have an op-ed in today's edition of The Irish Timestalking about the realisation of economic and social rights. These are all areas where the State, and when I talk about the State, I mean public representatives and the people who staff the instruments of the State, needs to reflect on how it is we prioritise the needs of all our citizens and all the people in Ireland. That is just a general note to finish on.

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