CRPD: Research Rosemary Kayess Social Policy Research Centre UNSW

CRPD: Rationale Developed because of international concern that: Existing human rights instruments had failed to effectively protect the human rights of persons with disability Even though they have always applied to persons with disability on an equal basis with other persons CRPD attempts to overcome this problem by: Ensuring that persons with disability are now highly visible ‘right-bearers’ Tailoring and applying traditional human rights to some of the specific human rights problems persons with disability Building capacity in human rights implementation efforts to effectively respond to the human rights of persons with disability

Implementation Context Historic disadvantage Social, economic and political isolation Lived experience missing from policy discourse Substantive equality recognises that patterns of disadvantage and discrimination exist in society and requires that policy and policy-makers take this into account in their actions. Concerned with the impact of law within its social context to ensure that laws and policies promote full participation in society by everyone, regardless of personal characteristics or group membership Law v Canada

CRPD Context Unprecedented civil society involvement Disabled persons’ organisations Developing nations Thematic No new rights Non-discrimination and substantive articles Civil & Political, Economic, Social & Cultural Implementation, capacity building Disability context

CRPD: Obligations Article 31Statistics and data collection collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the Convention Article 4 General obligations promote research and development of universally designed goods, services, equipment and facilities To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies Article 4(3) In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations

Research Context Discipline v Discourse Basic, applied Role of scholarship in the research context Balance of academic and advocacy objectives Not mutually exclusive DREAM Inclusion Persons with disability informing research agenda Commission Research agenda Governance Researchers Inclusive methodologies

Inclusive Research Governance critical that any research agenda has a structure in place so as to enable people with disabilities a role in informing the research agenda creating a research partnership between researchers and people with disability formal and informal opportunities to participate in contributing to data, governance and the research process project steering committees and advisory groups as part of the governance structure of the project; People with disability in key roles such as individual expert advisors and peer reviewers to inform data collection and analysis. mechanisms ensure that research questions, instruments and methodologies are informed by people with disability and that data collection and analysis prioritises the experience of people with disability.

Inclusive Research Methodologies disability research process have privileged participation of officials, practitioners and families, with the effect of framing disability as a medical or individual experience and objectifying people with disability as objects of research rather than participants in the research process methodologies prioritise the voice of people with disability to reflect the experience, needs and expectations of people with disability in the design of research, the policy process, outcomes and the service experience to empower people through the process of constructing their own knowledge, and in doing so to increase the relevance of the research Challenges; it takes longer, may require more dense qualitative approaches to satisfy policy processes; requires a delicate balance between stakeholders; commitment to the collaborative and participatory nature of the process; ensure that a process intended to be empowering, that people with disability feel that they are valued partners, does not end up distressing, and that the contribution of people with disability is not stripped of its context in the data analysis.

Development Context Contextually relevant Understanding the dynamic relationship of impairment with the environment is critical strategies for inclusion of people with disability in developing countries of the “South” have been heavily influenced by the practice in the industrialised countries of the “North” practice in the “North” is frequently disastrous when just transported to other cultures and context to include an examination of the barriers to participation at the local level through the experience of people with disability and their families. This provides locally and culturally relevant insights to barriers and the potential measures for overcoming them.