Ms Sin?ad Gibney:

I thank the Chair. As he said, I am joined by my fellow commissioners Dr. Rosaleen McDonagh and Dr. Frank Conaty. Dr. McDonagh is also the chair of our disability advisory committee.

The Irish Human Rights and Equality Commission is Ireland’s national human rights and equality body, but crucially for today’s discussion, it is also the independent monitoring mechanism for the UN Convention on the Rights of Persons with Disabilities, CRPD. We are here today in solidarity with autistic people and we support any progressive action by the State to improve access for autistic people to services, employment and participation in social, cultural and political life. The best way to do this, as a State and as policymakers and legislators, is to focus on the full implementation of the CRPD in Ireland for all disabled people. To that end, I want to stress why it is crucial the State and the Deputies as legislators treat autism matters through the lens of human rights and equality as directed by the CRPD. The work of this committee is showing leadership in how the Oireachtas looks at the rights of autistic people. I particularly emphasise the importance of participation and the proactive inclusion of the voices and perspectives of autistic people.

The CRPD seeks to bring about a paradigm shift in public policy that is based on a new understanding of disabled people as rights holders, and this includes autistic people. This is a powerful and groundbreaking change in attitude and approach, and, quite frankly, it is long overdue. It is hard to throw off old ingrained assumptions. The previous medical model of disability most of us grew up with framed it as a deviation from the norm and something we should attempt to fix or to cure. Disability such as autism defined the person rather than the other way around, and this misguided thinking fed into areas such as education, employment, housing and health. Gradually, over recent decades, we have come to realise that what makes a person disabled is not his or her medical condition but the attitudes and structures of society. If modern life were set up in a way that was accessible for autistic people, then they would not be excluded or restricted. 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 aim should be central to the work of this committee.

Autistic people will say themselves what is required from us and from society. Just ask them. As Fiona Ferris, who took part in our All Human All Equal disability campaign, said:

Just because my disability is invisible doesn’t mean that I don’t need support. Autistic friendly measures are human friendly measures.

We are asking the committee members as legislators essentially to reimagine or reassess all discussions, debates, policies about autism through a human rights and equality lens, as directed by the CRPD. As the independent monitoring mechanism for the CRPD, it is our job at IHREC to monitor the implementation of the convention as it applies to all people with a disability. Our strategy statement sets out a specific goal to promote CRPD-compliant legislation reform.

Just as it is for anyone with a disability, autism is only one of several layers of identity. There are autistic men and women who come from Traveller or Roma backgrounds, who are members of the LGBTQI+ community, who are from ethnic and minority backgrounds, who are elderly or economically marginalised, or who are in prison. It is crucial that all their voices are central to the implementation of the CRPD. We need collaboration across all policy areas. There needs to be a consistent national approach from the State to autism that is in line with the human rights principles set out in the CRPD. There must be accountability and transparency surrounding the implementation of the CRPD.

I again say that, despite its name, the ratification of the optional protocol is not actually an option; it is an imperative. I also reiterate our request for a ministerial annual statement to the Dáil on Ireland’s progress in implementing the CRPD. This would be a very positive signal for autistic people and the wider disability community, and it would help to promote transparency for stakeholders.

As is the case with the entire disability community, education and employment are crucial areas to the successful integration of autistic people into all areas of Irish life. Frankly, however, they are areas in which the State often fails this community. Every year, the start of the school year sees parents and children having to fight, struggle and campaign to levels of exhaustion just to have their educational needs met in appropriate ways. That cannot be right and it is not just. Under the CRPD, autistic children are entitled to an inclusive education similar to their peers, as are all disabled children. Article 24 says that the State holds an obligation to ensure, "Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability."

Regarding employment, I once again voice our concerns that, like others with varying disabilities, autistic employees do not have an express right to consult their employer regarding the provision of reasonable accommodation in the workplace, yet businesses benefit hugely when they recruit a diversity of employees. Indeed, some companies are increasingly recognising that committing to working towards a more diverse and inclusive workplace is crucial to success. I ask that the State amend current legislation to compel and support employers to take a proactive role in providing reasonable accommodation to autistic people.

We need to focus on an integrated, inclusive and human rights-based approach to policy and legislation as they impact disabled people, including autistic people, in Ireland. For the avoidance of doubt, that is all policy and legislation. Only a truly inclusive, rights-based approach will encompass the diversity which exists in our society and, consequently, afford all of us the basic right of equal participation.