The National Disability Inclusion Strategy is being reviewed, in part, to take account of our ratification of the Convention on the Rights of People with Disabilities. We suggest an action to develop an implementation plan on the Convention to be developed with people with disabilities. To contribute to this process contact the Department of Justice. The closing date is the 9th December 2019.
The Convention on the Rights of Person’s with Disabilities was agreed in 2006 and became part of international law in 2008.
Ireland signed the Convention on the Rights of Person’s with Disabilities on 2007.
Ireland finally ratified the Convention on the Rights of Person’s with Disabilities in March 2018, we were the last of the EU States to ratify.
We have not yet signed the Optional Protocol of the Convention which allows for individual complaints, but have agreed to do so after we have completed the first cycle of reporting.
Links:
Printable version available here
Convention link available here (scroll down to choose the version you prefer)
Easy read version is available here
Implementation in Ireland
In Ireland the driver of implementation of the Convention – called the Focal Point – is the Department of Justice and Equality.
The Department will prepare their report to the UN Committee on the Rights of People with Disabilities in 2020 and every four years after that.
Link to the Department of Justice and Equality
The Irish Human Rights and Equality Commission (IHREC) are part of the system for Monitoring the implementation of the Convention and have prepared a spoken and signed description of what the Convention means for you.
IHREC have formed a Disability Advisory Committee to assist in this process.
Link to the Disability Advisory Committee
IHREC will write a report to the UN Committee on the Rights of People with Disabilities in 2020.
If you would like to inform IHREC of issues that affect you IHREC can be contacted:
LoCall: 1890 245545
Tel: +353 1 8589601
Email: info@ihrec.ie
Civil Society groups usually come together to write a report to the UN Committee to let the UN Committee know what it is like to live with a disability in Ireland. Groups are discussing this at the moment.
An event is being held in the Center for Disability Law and Policy on the 10th December 2019. If you are interested in attending please find more information here.
Articles
Article 19 of the Convention is about the right to live in the community, it says:
Article 19 Living independently and being included in the community.
States Parties to the present Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:
a) Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
b) Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
c) Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.
Article 12 of the Convention is about our right to seen as a person before the law to exercise our rights, it says:
Article 12 Equal recognition before the law.
States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests.
5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.
