Mr. Adam Harris:

Thank you, Chair. The Irish Human Rights and Equality Commission is Ireland’s independent national human rights and equality body but, crucially for today’s discussion, we are also the independent monitoring mechanism for the United Nations Convention on the Rights of Persons with Disabilities. We are here today as disabled people and in solidarity with disabled people, including those with psychosocial disabilities, who either have been deprived of their liberty or fear they may be so deprived at some stage during their lives.

The CRPD seeks to bring about a radical shift in public policy from a medical model to a human rights model that is based on a new understanding of disabled people as rights holders. Gradually, over the past few decades, we have come to realise that what makes a person disabled is not necessarily their medical condition or diagnosis, but the attitudes and structures of modern society. If modern life was set up in a way that was accessible for us, then we would not be excluded or restricted. Under the human rights model, disability is correctly recognised as a natural part of our human diversity that must be respected and supported in all its forms. We have the same rights as everybody else in society, including the right to live independently within the community. Disability-related needs do not provide any excuse for restricting this right.

The CRPD has been identified as a milestone in human rights protection, offering disabled people and those with psychosocial disabilities the opportunity to hold our governments accountable for the realization of their human rights. Unfortunately, Ireland incorrectly separates disability from mental health in matters of Government policy, contrary to the CRPD. This perpetuates ghettoisation by impairment and retains mental health within the medical model, as opposed to the human rights one, again contrary to the CRPD. We have expressed concern that the continued use of the medical model approach to mental health prevents people with psychosocial disabilities from accessing their rights, including the right to liberty.

Legislation is required on the issue of deprivation of liberty to meet obligations set out in Article 14 of the CRPD. This legislation is urgently required to establish the process for authorizing care arrangements where deprivation of liberty may occur, along with the proper safeguards. This is not optional, but a legal requirement. Unfortunately, the continued and inexcusable delay in legislation facilitates the continued subjection of people with psychosocial disabilities to seclusion and restraint.

This means that some of our citizens must endure deprivations such as family separation, reduced decision-making capacity, unequal access to appropriate treatments for physical health conditions, and deprivation of liberty due to restricted movement in inpatient psychiatric facilities. The absence of protection of liberty safeguards legislation is a significant gap in the State’s compliance with the CRPD, one that we can no longer tolerate.

The deprivation of liberty and the rights enshrined under Article 14 must be considered as interconnected and dependent upon other rights, including Article 19, which concerns living independently and being included in the community. As members know, the State recognised the right to live in the community as per Article 19 of the CRPD and also acknowledged these obligations in the disability capacity review. In addition, the State must guarantee that future legislation in this area will be aligned with legislation concerning legal capacity and people with psychosocial disabilities to ensure there is no divergence in standards or treatment of individuals, and this must be aligned with international standards, including the CRPD.

Sadly, continued institutionalisation reflects Ireland’s long history of locking difference away, and the commission has repeatedly expressed grave concerns about the significant levels of institutionalisation in Ireland. Unfortunately, we have a tendency towards widespread arbitrary detention of people who depend on others and-or the State for care. In addition, the deprivation of liberty for disabled people is inextricably linked to the availability of suitable accommodation, services and supports in non-institutional settings, and the CRPD committee has clearly articulated the interdependency of states’ legal obligations in this regard. The current accommodation crisis does not in any way excuse the inability of the State to fulfil its obligations in this area.

To conclude, we need to focus on an integrated, inclusive and human rights-based approach to policy and legislation as it impacts all disabled people, our independence and liberties in Ireland. We need the relevant legislation to be commenced immediately. One of the most significant principles of the CRPD is the proactive inclusion of disabled people in all areas of life - political, social, educational, business, the arts and so on. This includes policy decisions and, most crucially, decisions that concern us and our rights under the CRPD. As disabled people, we will tell the committee what we require to participate equally in our society. Ask us, listen to what we say, and then legislate for it.