UN Disability Rights Convention How does England and Wales measure up?

Uk examination in 2017 UNCRPD is an international human rights treaty, setting out the steps necessary to protect, promote and ensure the human rights of disabled people UK ratified UNCRPD in 2009, giving its ‘consent to bound’ by the Convention The UN Committee on the Rights of Disabled People examines how effective countries are at complying with their obligations The Committee will examine the UK in 2017

How does the Committee carry out its examination? Government’s submit reports setting out the laws, policies and actions that demonstrate its steps to comply with the Convention (the UK Government submitted its initial report in 2011) Others are invited to submit their own assessment, including disabled people’s organisations, other NGOs and ‘independent mechanisms’ (the Equality and Human Rights Commission in England and Wales). This is called a ‘shadow report’ The Committee reads these and decides on priority issues (called ‘the list of issues’). It asks the government to answer questions about these issues in writing. Others can also comment on the questions. (Spring 2017)

How does the Committee carry out its examination? The Committee conducts a ‘constructive dialogue’ with the government at the UN in Geneva. Others, including DPOs, independent mechanisms, can attend to contribute to this process (autumn 2017)ns The Committee makes ‘concluding observations’ (findings and recommendations) and publishes them. It is then up to us to make sure the government acts on them. There will be another examination four years time

Shadow reporting Disability Rights UK, Disability Wales & Inclusion Scotland are working together to produce a shadow report. They have been supported by the EHRC and the SHRC Engagement events around England, Wales and Scotland, an online survey and desk research

Cross cutting Challenges in England and Wales   Policy, practice and legislation in England and Wales is not consistently grounded in the principles and paradigm shift heralded by the UNCRPD. There is a lack of strategy, oversight, coordination and involvement  There has been stalling progress and in some cases reversal of past successes.   There has been a general disinvestment in the rights and opportunities of disabled   Promotion, enforcement and redress have become weaker   Policy, practice and legislation in England and Wales is not consistently grounded in the principles and paradigm shift heralded by the UNCRPD. For example, access to social security benefits for disabled people is defined by highly medicalised or functional criteria, taking little or no account of external barriers hindering participation. There is increasing evidence of coercion across a range of policy areas, including welfare to work and the treatment of people with learning disabilities or mental health problems, contrary to the CRPD’s emphasis on dignity, autonomy and independence. There is a lack of strategy, oversight, coordination and involvement - the UK government’s strategy on the rights of disabled people ‘Fulfilling potential’ does not include concrete, targeted and measurable actions. There are no longer meaningful modes of involvement of disabled people in policy making. National commitments and plans in England and Wales have not translated into consistent local action. The promise of local accountability has been undermined by a loss of funding for local DPOs. There has been stalling progress and in some cases reversal of past successes. For example, there are more disabled children being educated in special schools than a decade ago, poverty among disabled adults is rising and there has been a large increase in the number of adults detained under the Mental Health Act. There has been a general disinvestment in the rights and opportunities of disabled people – related to the last point, significant reductions in public spending under the rubric of austerity have had a disproportionate impact on the rights and opportunities of disabled people. Centrally important measures to protect and advance the rights of disabled people such as the Equality Act 2010 have been characterised by the UK government as burdens on business and public bodies. Promotion, enforcement and redress have become weaker – rights without redress and no rights at all. It has become far more difficult for disabled people to access remedy for rights violations through the courts and tribunals. There has been a major cut in the resources devoted to the promotion and enforcement of the rights of disabled people. Little effort has been made to develop new ‘theories of change’ to advance the rights of disabled people.

Expect kickback from Government In 2013 the UNCRPD Committee launched a confidential inquiry into the impact of UK government austerity measures on disabled people Yesterday the DWP leaked the report to the Daily Mail & launched on attack on the Committee ‘Their evidence period runs up until the end of 2015, so it is already out of date. We intend to point out that the UK spends around £50 billion a year on benefits to support disabled people and people with health conditions, which is over £6 billion more than in 2010.’ Tory MP Andrea Jenkyns said last night: ‘If the UN’s benchmark is spending taxpayers’ cash on prostitutes, no wonder the common-sense policies of the UK fall short.’