Current approaches to the inclusion of people with additional needs – Legislation and social policy.

Outline of Presentation National Advocacy Service Models of disability – medical model vs. social model Current Irish legislation Some social policy developments U.N. Convention on the Rights of People with Disability

National Advocacy Service An independent, free and confidential advocacy service for people with a disability.

National Advocacy Service Is funded by The Citizens Information Board Works with people with disability over age of 18 Aims to reach the most vulnerable people – people who may not be in a position to self refer; who may be isolated in the community; who live in residential institutions.

National Advocacy Service The Purpose of Advocacy is to: Stand alongside people who are in danger of being ignored. Enable people to seek and receive information, explore and understand their options and to make their wishes and views known to others. Empower people to make decisions for themselves. Ensure that people’s needs, wishes and rights are given due consideration and acted upon.  

Medical Model vs. Social Model Medical model is the traditional approach to service delivery. Social model emerged in USA after Vietnam War.

Medical Model of Disability The person with a disability is the “problem”, not society or the State The person’s disability must be “fixed” or “cured.” Focus is on health needs (sometimes exclusively.) If the person cannot be cured, s/he must be “cared for” in a segregated environment. The person is isolated and deprived of many fundamental human rights. The power to address the “problem” of disability rests with the medical profession not society or the State.

Social/Human Rights Model Society “at fault” not person with disability Focus on addressing the ability of person rather than inability. Seeks participation of person in everyday social activities. Person accesses the same services as anyone else Responsibility shifts from medical profession to the state to “remove discrimination” in access to goods and services. “accommodate” needs of person to participate in society rather than cure the impairment. Read Vic Finkelstein!

Johnny & Mary Johnny has severe physical disability. Lives independently. Has a third level education. Has a professional job. Has a girlfriend. Good social life. Lives an ordinary life.

Johnny and Mary Mary is a wheelchair user but has less significant needs than Johnny. Lives in a nursing home. Left school at 12 and struggles with literacy and numeracy. Has never had a job. WHO IS THE MORE SEVERELY DISABLED?

Current Legislation Employment Equality Act 1998 Equal Status Act 2004 Mental Health Act 2001 Education for Persons with Special Educational Needs Act 2004 Disability Act 2005 Citizen Information Act 2007 All of these acts support the movement towards the social/human rights model by placing responsibility for change on the state and on society.

Employment Equality Act 1998 Equal Status Act 2004 Prohibit discrimination on nine grounds: gender, age, marital status, religion, family status, membership of traveller community, race, sexual orientation, disability. Relates to provision of goods, services, accommodation, education.

Employment Equality Act 1998 Equal Status Act 2004 Disability: service provider must make “reasonable accommodation” to accommodate the needs of PWD unless it comes to more than a nominal cost.

Disability Act 2005 Provides a statutory entitlement to an independent assessment of health and education needs. A service statement is drawn up. Person has a right to complain to HSE if dissatisfied. Only introduced for 0-5 year olds so far. Six government departments must develop sectoral plans to outline how they will make their services accessible to PWD.

Social Policy Developments HIQA National Quality Standards for Residential Services for People with Disabilities. HSE Report “Time to Move on from Congregated Settings” recommends that all those living in congregated settings will move to community settings. No new congregated settings will be developed and no admissions will take place to congregated settings. No specific date for inspections to start. www.hiqa.ie

Social Policy Developments A Vision for Change – policy document outlining the direction for Mental Health Services in Ireland. Advocates community based services.

U.N. Convention on the Rights of Persons with Disabilities Signed but not ratified by Irish Government. Does not create new rights but spells out what the various rights mean for PWD. Important articles: Article 12 (being recognised as an equal person before the law) Article 19 (the right to live independently) Article 24 (right to education) Article 7 (children’s rights)