The document summarizes key points from a parliamentary seminar on implementing disabled people's right to independent living. It provides an overview of the joint committee's inquiry, including its focus on existing policy and legislation, spending decisions, and disabled people's involvement. It also summarizes the UN Convention on the Rights of Persons with Disabilities, including general principles and obligations. The findings note gaps in UK law and policy and make recommendations to strengthen implementation of the right to independent living.

1. JOINT COMMITTEE ON HUMAN
RIGHTS INQUIRY – IMPLEMENTATION
OF DISABLED PEOPLE’S RIGHT TO
INDEPENDENT LIVING
Parliamentary Seminar – 21st March 2012

2. What we will address
 An overview of the Inquiry
 Understanding UNCRPD & the government‟s
obligations
 Key findings and recommendations
 Concluding remarks

3. Overview of the Inquiry
Terms of reference focused on:
 Effectiveness of existing strategy, policy and
legislation
 The impact of spending decisions
 Disabled people‟s involvement in policy
development and decision-making
 Monitoring and implementation of the
Convention

4. Overview of the Inquiry
 Over 100 pieces of written and oral evidence
 Committee visited Essex Coalition of Disabled
People
 Session with Minister for Disabled
People, Minister for Care Services and
Minister for Local Government

5. UNDERSTANDING THE UNCRPD

6. Purpose of the Convention
 Re-affirms the human rights of “persons with disabilities”
as set out in ICCPR, ICESCR and other UN Treaties
(e.g. UNCRC, UNCEDAW)
 Situates these human rights in the context of disability
e.g. right to live independently and to be included in the
community
 (officially) does not introduce new rights
 Based on social model of disability
 Sets out the steps States must take to protect, promote
and ensure the human rights of disabled people

7. Structure of the Convention
 Articles 1-9 are considered to be „cross-cutting‟ Articles
of general application e.g. Purpose, general
principles, general obligations, equality and non-
discrimination, awareness raising, accessibility
 Articles 10-30 are „substantive‟ Articles e.g. Legal
Capacity, Access to Justice, Education, Health, Political
Participation
 Articles 31-50 concern implementation and monitoring
e.g. data collection, international cooperation, role of the
CRPD Committee, national implementation and
monitoring

8. Article 3 – General Principles
The principles of the present Convention shall be:
 Respect for inherent dignity, individual autonomy
including the freedom to make one's own choices, and
independence of persons;
 Non-discrimination;
 Full and effective participation and inclusion in society;
 Respect for difference and acceptance of „persons
with disabilities‟ as part of human diversity and
humanity;
 Equality of opportunity;
 Accessibility;
 Equality between men and women;
 Respect for the evolving capacities of „children with
disabilities‟ and respect for the right of „children with
disabilities‟ to preserve their identities.

9. A human rights convention or a
social development convention?
 UNCRPD blurs the distinction between civil and
political rights and economic and social rights
 “Not enough just to open the door. Many
disabled people require the material support to
pass through it” Prof. Gerard Quinn
 Articles co-mingle different classes of rights:
Positive obligations underpinning civil and
political rights, reasonable accommodation, civil
and political rights contingent on economic and
social rights e.g. Article 19
 „Substantive freedom‟ – Amartya Sen

10. Article 4 - General obligations
 States Parties undertake:
 a) To adopt all appropriate law, policy and measures
to implement the Convention
 b) To modify or abolish existing laws, regulations,
customs and practices that constitute discrimination
 c) To take into account the protection and promotion
of the human rights of „persons with disabilities‟ in all
policies and programmes;
 d) To refrain from engaging in any act or practice that
is inconsistent with the present Convention and to
ensure that public authorities and institutions act in
conformity with the present Convention;

11. Article 4 – General
Obligations
 e) To take all appropriate measures to eliminate
discrimination on „the basis of disability‟
 2 Take measures to progressively realise
economic, social and cultural rights
 3 Consult with actively involve disabled people in
implementation
 5. Ensure all parts of „federal States‟ are covered

12. 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:

13. Article 19 continued
 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;
 b) „Persons with disabilities‟ have access to a
range of in-home, residential and other community
support services, including personal assistance
necessary to support living and inclusion in the
community, and to prevent isolation or
segregation from the community;
 c) Community services and facilities for the
general population are available on an equal basis

14. Article 19 requires a variety of
different actions and measures.
Article 19 (a) implies rights to self-determination in
relation to matters affecting where and with whom a
disabled person lives and the means by which disabled
people are involved in decisions affecting them.
This suggests a need for legal and/or administrative
mechanisms which protect and promote choice and
control regarding where and with whom disabled people
live.

15. Article 19 (b) appears to recognise social and economic
rights of disabled people and as such obliges a
contracting State to:
“take measures to the maximum of its available
resources with a view to achieving progressively the full
realization of these rights, without prejudice to those
obligations contained in the present Convention that are
immediately applicable according to international law”.

16.  Article 19 (c) is more in the nature of civil and political
rights
 Non-discrimination in relation to accessing goods and
services, including the duty to make reasonable
accommodations, legislative measures for which are
required with immediate effect, and the promotion of
accessibility

17. FINDINGS AND
RECOMMENDATIONS

18. Status of the Convention in UK
and EU law
 Minister indicated government view that
Convention was „soft law‟
 “Soft law” is the term generally used to
describe standards which do not have the
status of being legally binding on the State in
international law. Treaties are legally binding
on the state in international law and the
obligations contained in treaties are always
“hard law”.
 The government should fulfil its obligations on
this basis & counter public misperceptions

19. Status of the Convention in UK
and EU law
 Does not have direct effect in domestic Courts
 Legal effect via Human Rights Act 1998 and
European Communities Act 1972
 ECtHR has begun to take note of UNCRPD –
UK government bound by its judgements and
UK courts will be influenced by its
jurisprudence
 EU has ratified UNCRPD – required to
interpret EU law and regulation compatibly
with the Convention
 UK has also ratified the „Optional Protocol‟
, enabling individual petition to the UNCRPD

20. Is government meeting is
general obligations?
 Witnesses unclear as to status of documents
such as the Independent Living Strategy &
2020 Roadmap
 JCHR recommended forthcoming Disability
Strategy be basis for UK national
implementation plan
 Must be „robust, targeted and deliverable, co-
produced with disabled people and cover all
aspects of the Convention‟
 Should include clear milestones and be
monitored by an independent body

21. Is government meeting is
general obligations?
 No evidence of UNCRPD playing a part in relevant
policy development and decisions – seeks
commitment from government to Parliament that it will
give due consideration to UNCRPD when making new
policy and legislation
 Poor quality Equality Impact Assessments & confusion
over duties of government and public authorities to
conduct them
 Regrets exclusion from English specific duties of
explicit EIA requirement and calls for revision of
promotion of EIA via statutory guidance
 Recommends a unified assessment of cumulative
impact of proposals affecting independent

22. Is government meeting is
general obligations?
 Unclear what arrangements exist to ensure
compliance by public authorities
 Government should clarify how implementation is
coordinated across Westminster, Holyrood, Cardiff
and Belfast
 Seeks assurances of disabled people‟s
involvement, not just their consultation, describes the
lack of an explicit requirement to involve disabled
people in the English specific duties as a
„retrogressive step‟ and recommends government
actively promote such involvement in line with the
General Obligations under Article 4 (2)
 Notes low awareness of UNCRPD among disabled
people and recommends government work with
disabled people to rectify this

23. Is UK law and policy sufficient to
implement Article 19?
 Existing „matrix‟ of human rights, equality and
community care law insufficient
 Right to control should be rolled out nationwide if
pilots show positive results
 Independent living should be an outcome in reformed
community care law, contrary to the Law
Commission‟s conclusions
 Right to advocacy in 1986 Disabled Persons Act
should be modified and implemented

24. Is UK law and policy sufficient to
implement Article 19?
 But filling the gaps not enough….
 Recommend an assessment of the need for and
feasibility of freestanding legislation to give more
concrete effect in UK law to right to independent living
 Chimes with comment by CoE Human Rights
Commissioner (March 2012): “There is a need to
define a level of support below which one‟s dignity and
ability to be included in the community is
compromised. Any person should be empowered to
enforce their entitlement to this level of support.”

25. Other policy
recommendations
 National and local government should monitor and promote
innovative practices which employ personalisation to
mitigate the impact of spending cuts
 Government should measure the effectiveness of roll out of
personal budgets in social care and health on choice and
control
 Government should consider what steps are required to
ensure portability measures comply with Article 19
 The Disability Strategy should address the rights of disabled
people in residential settings
 Disabled people in residential settings should not face
financial disincentives to paid employment
 The Government should, in partnership with disabled
people‟s organisations, monitor the extent to which
regulation and inspection frameworks are promoting
independent living in both domiciliary and institutional

26. Other policy
recommendations
 Government should legislate to clarify that home care
delivered by private and voluntary sector bodies falls
within the scope of the Human Rights Act
 Continue to support and develop the role of Disabled
People‟s User-Led Organisations to enable them to
provide independent information, advice, and
advocacy services
 Government should refrain from contributing to
representations of disabled people which cause
negative public attitudes or hostility
 The Government should monitor the extent to which
access to redress and justice for disabled people is
affected by the provisions of the Legal Aid, Sentencing
and Punishment of Offenders Bill, and the effect this
has on their right to independent living. The Disability
Strategy should include action to be taken to ensure

27. The impact of national and local
spending decisions
 Concern expressed to the Committee about
the individual and cumulative impacts of
reforms and spending decisions
 Disability Living Allowance, Housing
Benefit, the Independent Living Fund, Legal
Aid and local authority funding of adult social
care on the right to independent living
 Do these reforms amount to breaches or
„retrogression‟ in relation to Article 19?

28. When might reform or spending
decisions amount to
retrogression?
 “There is a strong presumption that retrogressive
measures taken in relation to the right to social security
are prohibited under the Covenant. If any deliberately
retrogressive measures are taken, the State party has
the burden of proving that they have been
introduced after the most careful consideration of
all alternatives and that they are duly justified by
reference to the totality of the rights provided for in the
Covenant, in the context of the full use of the
maximum available resources of the State party.”

29. When might reform or spending
decisions amount to
retrogression?
 General Comment 4 UN Committee on ESC rights “a
general decline in living and housing conditions,
directly attributable to policy and legislative decisions
by the States parties, and in the absence of
accompanying compensatory measures, would be
inconsistent with the obligations under the Covenant”.
 Paragraph 11: “even where the available resources
are demonstrably inadequate, the obligation remains
for a State party to strive to ensure the widest possible
enjoyment of the relevant rights under the prevailing
circumstances.”

30. Concluding remarks
 Inquiry has demonstrated implementation gap
and risks of non compliance
 UNCRPD is a powerful accountability
mechanism in the domestic sphere, not just
the international
 JCHR Inquiry receiving world-wide interest
 Report should be used as basis of a dialogue
between disabled
people, government, independent
mechanisms and other actors to plan next
steps