The Dutch Case July, 7, 2015 Dr. Alice Schippers Disability Studies, Medical Humanities, VU university, Amsterdam Article 12 of the UNCRPD.

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Presentation transcript:

The Dutch Case July, 7, 2015 Dr. Alice Schippers Disability Studies, Medical Humanities, VU university, Amsterdam Article 12 of the UNCRPD

Els’ Story Els Jansen (not her real name): woman of nearly 50 Self advocate, employed at a national DPO Above all: in love! Legal guardianship since the age of 18, because of ‘several labels’ Her partner bought a double bed Support staff informed her mentor, without informing Els Mentor doesn’t give permission to marry Els is suing her guardianship in court Els is ready to ‘fight for her rights’

Timeline Ratification & Implementation UNCRPD 2006 UN CRPD 2007 Netherlands signed ‘little happened’ (Pillay, 2012) 2010-onwards pressure by DPO’s: Coalition for Inclusion impact research on legal and financial consequences 2014 – proposal for ratification prepared by Government, sent to parliament 2015 – jan-aug: consultation rounds by parliament 2015 – autumn: ratification expected

Dutch context/1: some issues -> Some laws conflict with the Convention’s Art 12 Historical context Less rights based discourse Less prescriptive legislation (laws follow practice, instrumental) Solidarity: ‘polder model’ (group based, rather than individual) charities and local communities were responsable: tend to patriarchal attitudes and disabling practices

Dutch context/2: some issues Modernisation and professionalisation -> terms and practices like Person-Centred Planning and individual education: lip service -> central government ‘don’t interfere with the local community’ -> 2015: ‘Participation society’: new wine in old bottles? massive changes in care and education: decisions and provisions moved to local community, and budgets have been cut

Impact on UNCRPD Implementation -> PWD: receiving support from family members, neighbours, volunteers – can be good, but can also mean inexpert, patriarchal, infantalising or even abusive treatment -> Return to old models, before modernisation/professionalization – PWD ‘deserving’ and ‘thankful’ to basic services, expected to fit in with community norms rather than being included as they are

Els’ story Illustrates conflict of the current Dutch situation with the Convention’s Art. 12 ‘best interest’: of whom? shared decisionmaking importance of contexts (historical, political, social) right to take risks and make mistakes QOL- outcomes? ‘Fight for her rights’ – self esteem

Real change?