SOCIAL AND TECHNOLOGICAL INNOVATIONS – THE FULL PARTICIPATION OF PERSONS WITH DISABILITIES MECHANISMS FOR PROMOTING AND PROTECTING THE RIGHTS OF PERSONS WITH DISABILITIES Magdalena Kuruś Deputy Director, Department of Equal Treatment Office of the Commissioner for Human Rights of the Republic of Poland March,14 2018 - Budapest www.rpo.gov.pl

SUBJECTS TO BE DISCUSSED: Approach to disability in the Convention on Rights of Persons with Disabilities (CRPD) Independent monitoring mechanism functions and practices – Polish example Human rights of persons with disabilities: common responsibility of the EU and Member States www.rpo.gov.pl

The CRPD came into existence through a forceful call from persons with disabilities around the world to have their human rights respected, protected and fulfilled on an equal basis with others The Convention’s main message is that persons with disabilities are entitled to the full spectrum of human rights and fundamental freedoms without discrimination www.rpo.gov.pl

Protection from discrimination Discrimination prevents people enjoying their rights on an equal basis with others Non-discrimination is a fundamental principle of all human rights treaties, and the basis of the CRPD a principle which encompasses today not only prohibiting discriminatory acts but also taking steps to protect against potential future discrimination and promoting equality www.rpo.gov.pl

CRPD’s approach to disability The CRPD and its Optional Protocol challenge previous perceptions of disability – as a „medical problem” or a „generator of pity” or „charitable approaches” – and establish a human rights-based approach to disability The CRPD does not create new rights, it does define with greater clarity the application of existing rights to the specific situation of persons with disabilities (EMPOWERMENT) In establishing the obligation to promote positive perceptions and greater social awareness towards persons with disabilities, it challenges customs and behaviour based on stereotypes, prejudices, harmful practices and stigma relating to persons with disabilities (TO ERADICATE DISCRIMINIATORY PRACTICES) www.rpo.gov.pl

CRPD’s human rights approach to disability Build on the social approach Disability is recognized as the consequence of the interaction of the individual with an environment that does not accommodate that individual’s differences. This lack of accommodation impedes the individual’s participation in society. Inequality is not due to the impairment, but to the inability of society to eliminate barriers challenging persons with disabilities The core values are DIGNITY and FREEDOM of a person www.rpo.gov.pl

CRPD’s human rights approach to disability Acknowledging persons with disabilities as subjects of rights and the State and others as having responsibilities to respect them Seeks to assist people to help themselves so that they can participate in society, in education, at the workplace, in political and cultural life, and defend their rights through accessing justice It treats the barriers in society as discriminatory and provides avenues for persons with disabilities to complain when they are faced with such barriers www.rpo.gov.pl

CRPD’s human rights approach to disability Establishes that all policies and laws should be designed with the involvement of persons with disability, mainstreaming disability in all aspects of political action – generally no “special” policies should be designed for persons with disabilities (particularities to comply with the principle of full participation) State – the main duty bearer under this model to put it into practice (respect, protect and fulfil) www.rpo.gov.pl

National monitoring mechanism (CRPD Art. 33.1) The establishment of a focal point(s) within the Government to ensure coordination among different branches of the Government and different ministries and levels The establishment or designation of a coordination mechanism within the Government to facilitate action in different sectors and at different levels www.rpo.gov.pl

National monitoring mechanism (CRPD Art. 33.2) States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the CRPD When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights (Paris Principles – independence and pluralism) www.rpo.gov.pl

Independent monitoring mechanism in Poland The Commissioner for Human Rights is a multi-mandated body: NHRI/Ombudsman independent equality body National Preventive Mechanism a body responsible for monitoring of the implementation of the CRPD www.rpo.gov.pl

National framework for implementation and monitoring (CRPD Art. 33.2) Generally NHRI: provides an independent means of assisting INTERVENTIONS The Commissioner is receiving complaints from individuals and groups alleging breaches of the CRPD in cases concerning equal treatment – most often disability is mentioned as a basis of discrimination In 2016: 211 (34%) out of 622 In 2017: 161 (29%) out of 560 Strategic litigation is verifying the implementation of the CRPD www.rpo.gov.pl

National framework activities Monitoring the Government’s implementation of its commitments under the Convention Making recommendations to the Government on steps to improve implementation Promoting the harmonization of national laws related to disability Submitting opinions on legislative bills and proposals related to disability to ensure they are consistent with the Convention www.rpo.gov.pl

National framework activities Encouraging the ratification of disability-related instruments eg. encouraging the Government to ratify the Optional Protocol to the CRPD if it has not yet done so In 2016 the Commissioner, supported by 170 civic organizations, sent to the Government motion to consider ratification of the Protocol www.rpo.gov.pl

National framework activities: formulating evidence-based recommendations Conducting independent research and studies on the observance of the rights of persons with disabilities in practice, to combat disability-based discrimination www.rpo.gov.pl

National framework activities: raising awareness Conferences Publications On incapacitation and the need for introducing of supported decision-making mechanisms, 2017 Deafness and the problems of adoption and foster parenthood, 2017 www.rpo.gov.pl

National framework activities Contributing to reports to the Committee on the Rights of Persons with Disabilities (submission of shadow-report to Poland’s initial report 2015, up-date 2018) www.rpo.gov.pl

National framework activities: cooperation The Commission of Experts on Persons with Disabilities, acting as permanent consultative body to the Commissioner, was established The Committee is comprised of the representatives of the science community and NGOs involved in protecting the rights of persons with disabilities, including the persons with disabilities themselves www.rpo.gov.pl

National framework activities: cooperation The Commission has significantly contributed to the consolidation of experts work on disability-related issues. The Congress of Persons with Disabilities movement originates in the Commission. In 2017, the III Congress took place, during which socially developed proposals regarding the New System of Support for People with Disabilities "For independent life" were presented. The Commissioner patronizes the Congress and promotes its results www.rpo.gov.pl

Consultation procedure – Report on CRPD implementation The concept, the structure and the content of the Commissioner’s Report were drawn up following consultations with the Expert Commission for Persons with Disabilities The Report was also subjected to extensive social consultations. The consultations took place within regional meetings attended by persons with disabilities, their guardians, representatives of NGOs acting for the benefit of persons with disabilities, as well as employees of public institutions dealing with disability topics www.rpo.gov.pl

Consultation procedure – Report on CRPD implementation Consultation meetings took place in four cities (Gdańsk, Katowice, Warsaw, Wrocław) There were 14 meetings in total All meetings were open and available to persons with any type of disability Additional meetings were also organised for persons with mental disabilities and for deaf persons The draft summary of the Report was interpreted into sign language and was available to all participants of the consultation meetings www.rpo.gov.pl

Consultation procedure – Report on CRPD implementation At the same time, consultations were held using an on-line questionnaire prepared in line with the guidelines of WCAG 2.0 and subjected to the accessibility audit. In this way, 45 additional opinions and comments were obtained regarding the content of the Commissioner’s Report The final version of the Report is available in the Polish Sign Language www.rpo.gov.pl

National framework activities: cooperation Cooperating regionally and internationally with other NHRIs EQUINET Board Deputy Ombudsman on GANHRI conference, 2018 www.rpo.gov.pl

National framework activities: cooperation For the full implementation of the CRPD the activity of local self-government is necessary. The Commissioner analyzes and supports activities undertaken in local communities, consistent with the Convention. The collected information becomes also the basis of Commissioner’s general recommendations Promotion of good practices Eg. Contest „Self-government of equal opportunities” Collecting information and promoting standards during Commissioner’s regional visits www.rpo.gov.pl

CRPD and EU The CRPD is the first human rights international agreement ratified by the European Union The implementation of the commitments accepted in this way is crucial not only for the EU as an organization, but also for Member States and its citizens The EU funds are very important tool facilitating the process. Their correct use is combined with the necessity of ensuring the cooperation at many levels – for people with disabilities, to secure their full social participation on the basis of equality with others www.rpo.gov.pl

Thank you for your attention Thank you for your attention! Magdalena Kuruś Deputy Director Department for Equal Treatment Contat: m.kurus@brpo.gov.pl www.rpo.gov.pl