DDPO Legal Network 3 November 2016
Human Rights Act Is the law which brings the European Convention on Human Rights into UK law. It says that: Judges should read and give effect to other laws in a way which is compatible with the Convention rights; All public bodies should act in a way that respects the Convention Rights. The Convention rights are the rights guaranteed in the European Convention on Human Rights. Unlike UN Convention on the Rights of Disabled People the HRA directly applies to public bodies in the UK.
Human Rights Act Challenge Through a judicial review if it is a decision made by public body By using a human rights argument in other proceedings, tribunals for example By using the HRA (Human Rights Act) in actions brought against you
Challenges for DDPOs in using the Human Rights Act Lack of knowledge, confusion about what the Human Rights Act (HRA) is and how it relates to Deaf and Disabled people Human Rights law is not accessible. It is very general and you need to know and keep up to date with cases brought to courts Reluctance to use the HRA argument, as it may put people off Not aware of HRA cases in social care context Independent living is seen as a social care, not a rights issue; community care legislation is not framed within a rights approach https://www.justiceinspectorates.gov.uk/hmic/publications/living-in-a-different-world-joint-review-of-disability-hate-crime/ https://www.mencap.org.uk/blog/four-things-you-probably-didnt-know-about-disability-hate-crime http://www.scope.org.uk/Scope/media/Images/Publication%20Directory/ Getting-away-with-murder.pdf?ext=.pdf http://www.justiceinspectorates.gov.uk/hmic/wp-content/uploads/joint-review-of-disability-hate-crime-review.pdf
Difficulties in starting a legal challenge Hard to access legal advice and start a legal challenge: Legal Aid changes – very few places that give initial legal advice Those who don’t qualify for Legal Aid often cannot afford it Strict time limits Very few lawyers who specialise in both social care and human rights and can present independent living as a human rights issue http://www.cps.gov.uk/legal/d_to_g/disability_hate_crime/ http://www.cps.gov.uk/legal/p_to_r/racist_and_religious_crime/#a21 http://www.cps.gov.uk/legal/s_to_u/sexual_orientation_/
Are courts ready to uphold the right to independent living? Courts struggle to deal with the substance of the issue: and prefer to focus on flaws in the process Too much focus on resource implications of decisions Civil and Political rights are placed within economic and social context when it comes to Disabled people Courts accept lower standards for Disabled people We have been excluded from society for so long and there is still a general view, shared in many cases by judges that it is OK to treat us differently, that we should expect trade offs for our rights. http://www.cps.gov.uk/legal/p_to_r/racist_and_religious_crime/#a21 http://www.cps.gov.uk/legal/s_to_u/sexual_orientation_/
Why bother The United Nations Convention on the Rights of People with Disabilities (UNCRPD) recognises our right to independent living Human rights can evolve and we can define what they mean for Disabled people Rights perspective is empowering and puts us in a very different position to users of a service Human rights are not always about litigation, they are about an approach
How DDPOs use the HRA Independent living is our right and we can use the HRA to secure it: Talking about the impact on human rights in campaigning and using a human rights approach to identify the changes that are needed Using a HRA approach to empower disabled people Advocacy work: citing in complaints to LA and ombudsman
Independent living is our right as recognised in the United Nations Convention on the Rights of Persons with Disabilities. We need to make sure it is recognised as such within the European and national human rights law.
Group work: please discuss Situations when you think Disabled people are treated without respect for their dignity Situations when Disabled people are limited in choices about their living arrangements or the things they can do Situations when the views of Disabled people are not taken into account when decisions are made about their support or other aspects of their life Other situations where Disabled people are treated like second class citizens And how the HRA could be used to challenge those
Thank you Please fill in your evaluation form! Next DDPO Legal Network meeting: February 2017