Fundamental Links between Equal Rights and Inclusion: Importance of the UN CRPD CHARLES WHARTON NTU COLLEGE OF LAW

Equal Rights, Inclusion, and the UN CRPD 1) Fundamental Links: Equal Rights and Inclusion 2) Case Examples and UN CRPD Analysis 3) Why CRPD Is So Important

Fundamental Links: Equal Rights and Inclusion “We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal.” -Brown v. Board of Education (USSC, 1954)

Fundamental Links: Equal Rights and Inclusion The trend in social policy during the past two decades has been to promote integration and participation and to combat exclusion. Inclusion and participation are essential to human dignity and to the enjoyment and exercise of human rights. Within the field of education, this is reflected in the development of strategies that seek to bring about a genuine equalization of opportunity. Experience in many countries demonstrates that the integration of children and youth with special educational needs is best achieved within inclusive schools that serve all children within a community. It is within this context that those with special educational needs can achieve the fullest educational progress and social integration. – UNESCO Salamanca Statement, 1994

Fundamental Links: Equal Rights and Inclusion “[H]istorically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem…discrimination against individuals with disabilities persists in such critical areas as... Institutionalization.” -Olmstead v. L.C. (USSC 1999)

Fundamental Links: Equal Rights and Inclusion 1) Equal Rights as Core Value of Disability Rights 2) Inclusion Is Necessary to Achieve Equality 3) Social Model of Disability to Eliminate Barriers

Equal Rights, Inclusion, and the UN CRPD 1) Fundamental Links: Equal Rights and Inclusion 2) Case Examples and UN CRPD Analysis 3) Conclusions

Case Examples and UN CRPD Analysis 1) Accessible Facilities 2) Education 3) Employment 4) Citizen Rights/Independent Living

Case Examples and UN CRPD Analysis United States: “A report before Congress showed that some 76% of public services and programs housed in state-owned buildings were inaccessible to and unusable by persons with disabilities, even taking into account the possibility that the services and programs might be restructured or relocated to other parts of the buildings.” U.S. Civil Rights Commission, Accommodating the Spectrum of Individual Abilities (1983) Cited in Tennessee v. Lane (2004)

Case Examples and UN CRPD Analysis UN CRPD Article 9: Accessibility 1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia: (a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; (b) Information, communications and other services, including electronic services and emergency services.

Case Examples and UN CRPD Analysis

1) Accessible Facilities 2) Education 3) Employment 4) Citizen Rights/Independent Living

Case Examples and UN CRPD Analysis UN CRPD Article 24: Education 2. In realizing this right [of persons with disabilities to education], States Parties shall ensure that: (a) Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability; (b) Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live; (c) Reasonable accommodation of the individual’s requirements is provided; (d) Persons with disabilities receive the support required, within the general education system, to facilitate their effective education; (e) Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion.

Case Examples and UN CRPD Analysis 1) Accessible Facilities 2) Education 3) Employment 4) Citizen Rights/Independent Living

Case Examples and UN CRPD Analysis Challenges related to employment: In 2014, 17.1 percent of persons with a disability were employed, the U.S. Bureau of Labor Statistics reported today. In contrast, the employment-population ratio for those without a disability was 64.6 percent. (US Department of Labor Bureau of Statistics) Focus exclusively on unemployment rate can be misleading Attitudinal barriers (seeing people w/ disabilities as charity recipients instead of value creators) Quotas? Supported employment? CSR? Social entrepreneurship? Health care and accommodations beyond facility accessibility Subtle discrimination evading anti-discrimination law

Case Examples and UN CRPD Analysis UN CRPD Article 27: Employment 1. States Parties recognize the right of persons with disabilities to work, on an equal basis with others…by taking appropriate steps, including through legislation, to, inter alia: (a) Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions; b) Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances (d) Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training

Case Examples and UN CRPD Analysis 1) Accessible Facilities 2) Education 3) Employment 4) Independent Living

Case Examples and UN CRPD Analysis Recognition that unjustified institutional isolation of persons with disabilities is a form of discrimination reflects two evident judgments. First, institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life….Second, confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment. -Olmstead v. L.C. (USSC 1999) Rates of institutionalization still too high globally Annual Cost in USInstitution Home and Community-Based Waiver (includes families) 2009 US Total$196,735$43,395

Case Examples and UN CRPD Analysis UN CRPD Article 19: Living independently and being included in the community States Parties to the present Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that: (a) Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement (emphasis added)

Equal Rights, Inclusion, and the UN CRPD 1) Fundamental Links: Equal Rights and Inclusion 2) Case Examples and UN CRPD Analysis 3) Why CRPD Is So Important

Why CRPD Is So Important Extensive Remaining Challenges: Employment rate stubbornly low Independent Living and Citizens’ Rights Poverty and Disability Overlap (developing countries) Disability and Marginalized Groups Societal and Attitudinal Barriers Implementation of Existing Laws

Why CRPD Is So Important Equal rights, inclusion, and justice require: 1) High-quality legislation and policies, including international law 2) Implementation of the laws and policies in an effective manner

Why CRPD Is So Important Implementation: Articles Article 33: National implementation and monitoring 3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.