Briefing for the Parliamentary Debate on Human Rights: Making Rights a Reality for Disabled

ILiS: briefing for Parliamentary debate on human rights, November 2014

Briefing for the parliamentary debate on human rights: Making rights a reality for disabled people

This briefing is for MSPs. It is on the motion on human rights to be discussed on the 11th of November 2014 (S4M-11484, laid by Roseanna Cunningham, Perthshire South and Kinross-shire, Scottish National Party, lodged: 10/11/2014).

The Independent Living in Scotland (ILiS project aims to support disabled people in Scotland to have their voices heard. It is funded by the Scottish Government Equality Unit and is part of a wider Independent Living Programme in Scotland. The Scottish Government, CoSLA, NHS Scotland and the disabled people’s Independent Living Movement work together in the programme towards their shared aspirations for independent living, equality and human rights. These aspirations are set out in “Our Shared Vision for Independent Living in Scotland”[1].

1.The rights

All human rights belong to disabled people. This paper focusses specifically on the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)[2]. The UNCRPD is one of a number of international treaties (e.g. UNCRC, UNCEDAW, UNCERD) that the UK is signatory to. It was developed by disabled people, for disabled people. It is supported internationally because of the recognition that disabled people are still frequently denied basic rights and freedoms that non-disabled people take for granted.

The UNCRPD aims to ensure the full and equal enjoyment of all human rights and fundamental freedoms by all disabled people. It encompasses more than the right to non-discrimination and includes equal enjoyment of civil, political, social and economic rights across all areas of life. Crucially, the UNCRPD requires the full participation of disabled people in the development and implementation of legislation, policies and programs to implement the Convention. This is something that sets it apart from other international treaties. The UK signed the Convention in 2007 and ratified it in June 2009. This means it is legally binding on the UK.

Ratification of the Convention means that the UK must:

• Implement the rights in the Convention
• Civil and political rights must be realised immediately
• Social, economic and cultural rights must be achieved progressively – to the maximum of available resources
• Ensure there is no regression – always moving forward
• Meet their general obligations, including the requirement to take account of human rights of disabled people in all legislation, policies and practices
• Ensure public bodies act in compliance
• Eliminate disability discrimination by private bodies

Article 4 of the UNCRPD affirms that “the provisions of the present Convention shall extend to all parts of federal States without any limitations or exceptions”. In Scotland, the rights under the UNCRPD are strengthened further because the Scotland Act requires that the work of the Scottish Parliament adheres to all international human rights treaties to which we are signed up. Thus, through internal arrangements within the UK, including devolution the Scottish Government hasa crucial role to play.

2.The reality

Disabled people are living in poverty

Disabled people rely on benefits more than non-disabled people[3]. Only 45% of disabled people are in work (vs 70% non-disabled people)[4]. Just 63 out of 25,691 (0.2%) Modern Apprenticeships went to young disabled people[5]. Disabled people spend £550 more per month than non-disabled people, because of the extra costs of being disabled[6]. All of this means that; 47.5% of disabled people live in poverty[7]; they are 3 times more likely to use doorstep loans and twice as likely to have debt that is equal to half their income, than non-disabled people; and; they have to cut back on heating and food[8].

Public transport is inaccessible to disabled people

Seventy four percent of disabled people report difficulties in using public transport[9]. This is the result of a variety of factors, including; a lack of accessible buses and trains, staff not always being available to help people on trains[10], that there are few wheelchair accessible taxis[11] and the fact that travel information is rarely provided in a format that people with hearing or visual impairments can understand[12]. In addition, concessionary travel is undermined because buses are inaccessible & community transport will not accept a bus pass[13].

Disabled people are living in unsuitable housing

Seventy thousand households in Scotland need adaptations for wheelchair users, but do not have them[14]. There is not enough housing being built to accessible standards[15], which means disabled people are living in unsuitable accommodation[16]. This lack of accessible housing leads to isolation and bed blocking[17].

There is a crisis in social care and support

Rising demand against reduced resources means disabled people are not getting the care and support they need[18]. Charges for it are rising, put people in poverty and collecting them is not value for money[19]. Staff in the sector are burning out due to poor pay and conditions; which results in a poorer quality of care[20]. Self-Directed Support (SDS) is not as successful as it might be and there are reports of negative experiences. Rising eligibility criteria is resulting in unmet need[21] and human rights abuses as few people get the support they need to participate in society and lead an ordinary life[22]. Social isolation is increasing as a result of a lack of support, and this poses the same risk to health and life expectancy as heavy smoking.

Disabled people are being denied education

Twenty four percent of disabled people have no qualifications (vs 9% of non-disabled people)[23]. Only 12.5% of Scottish disabled people hold a degree; half the rate of non-disabled people. Disabled people take up less than 0.5% of all apprenticeship places. Disabled people are almost twice as likely to be NEET than those without ASN. Over 1/3 of disabled people do not attend mainstream schools (and some don’t attend school at all[24]) despite a mainstreaming agenda. Young disabled people are 3 times more likely to agree with the statement “whatever I do has no real effect on what happens to me”[25].

Disabled people are dying younger

Health inequalities in Scotland are “significant and longstanding”[26]. People with 1impairment or more have a shorter life expectancy than non-disabled people and people with learning disabilities die 20 years younger than non-disabled people[27].

Disabled people are not involved in their communities

Only 6% of formal volunteers are disabled. Only 4.3% of public appointments are held by disabled people and only 2 out of 129 Members of the Scottish Parliament are known to self-identify as disabled[28]. Disabled people are excluded from sport and leisure as leisure services are inaccessible, too costly and care and support is rarely funded to support people to attend such facilities. A lack of menus in accessible formats, accessible toilets etc. in bars/restaurants make it difficult for disabled people to have a social life. Access to community councils is limited and there are few resources to support access requirements and improvements.

Disabled people are not involved in decisions that affect them

Disabled people are under-represented in civic and Political life. Barely over half of Local Authorities in Scotland involved disabled people in setting equalities outcomes. Disabled People’s Organisations (DPOs) are losing funding to umbrella equalities organisations. This means disabled people are losing representation, they are becoming further marginalised, their voices are diluted and they are losing out on the peer support that builds resilience and helps them find solutions.

In summary, disabled people:

• Remain in poverty/out of work/unsupported at home/behind in education
• Left out of decision making
• Experience things differently in different areas

3.The solutions

Incorporate the UNCRPD in full, into domestic legislation

• Remember PANEL when developing laws and policies and implementing them =participation, accountability, non-discrimination, empowerment and legal

Support disabled people to participate in the community

• Work with DPOs and support participation
• Resource DPOs
• Meet access requirements (use accessible venues, use plain English in all you do, pay for transport if it is needed, pay for PAs to support people to attend meetings and so on)
• Create an access to elected office fund in Scotland

Reduce poverty

• End social care charges
• Improve employability, including by procurement
• Develop and fund a programme of placements for disabled people across the public sector
• Increase the number of disabled people participating in the Modern Apprenticeships scheme
• Recognise the success of employability services run by disabled people for disabled people, when funding, procuring and commissioning employability services[29]

Improve housing for disabled people

• Support DPOs to give advice and support to disabled people to access services (this includes resourcing DPOs to do this)
• Increase the volume and accessibility of housing across all tenures (e.g. build at least10% of housing across all tenuresto wheelchair accessible standards)

Treat social care like a key infrastructure for equality and human rights

• Make social care free at the point of delivery like health care is, for people of all ages
• Combine health and social care budgets so that money can be used flexibly
• Develop a formal right to appeal in social care including by creating a tribunal system for social care
• Require Local Authorities to recordunmet social care need
• Make social carepackages portable (including by requiring Local Authorities to accept a previous LA’s assessment of need)
• Support disabled people to participate in their community by providing support to do this (i.e. not just simply meeting life and limb needs) – this will need multi agency working, e.g. checking what Access to Work, Disabled Students Allowance etc. will fund, before making assumptions about people’s needs being met from elsewhere
• Support calls for a commission on funding social care

Independent Living in Scotland project

November 2014

Contact:

Pam Duncan-Glancy, ILiS Policy Officer,

1

[1] http://www.scotland.gov.uk/Publications/2013/04/8699

[2]

[3] Inclusion Scotland; “The Broadest Shoulders? Disabled People and Welfare Reform”, 2014

[4]http://www.scotland.gov.uk/Topics/People/Equality/Equalities/DataGrid/Disability/DisabLab

[5]Skills Development Scotland, 2014

[6]

[7] “Destination Unknown”; Demos report, 2010

[8]

[9] The Life Opportunities Survey”; Office of National Statistics, 2010

[10] SATA Newsletter, Spring 2014: Item titled ‘SATA’s DPULO project’

[11]

[12] SATA Newsletter, Spring 2014: Item titled ‘SATA’s DPULO project’

[13] 7th (2013) Report on Community Transport:

[14] Horizon Housing Association and the Chartered Institute of Housing; “Mind The Step: An estimation of housing need among wheelchair users in Scotland”

[15]http://www.scotland.gov.uk/Publications/2013/12/3017/0

[16] Macpherson, S. and Bond, S.(2009) Equality issues in Scotland: a review of research, 2000-08. EHRC

[17] Inclusion Scotland’s submission to The UN Special Rapporteur on Housing during her visit to the UK in 2013: ‘The Impact of the Under-Occupation Penalty or Bedroom Tax on Disabled People’s Human Rights’

[18] (n.b. via the Self Directed Support {SDS} strategy; CoSLA and others; are planning a questionnaire to get this data in Scotland – but, given similarities in policies and demand and supply figures and data, it’s fair to assume similar figures will emerge from Scotland).ONS; “Population projections for Scotland” 2012; Prof David Bell (2012:19), Fiscal Sustainability: Issues for the Finance Committee Work Programme 2012

[19]

[20] Unison; “Time to care”, 2014

[21] Age UK; “Care in crisis”; 2014

[22] (n.b. via the Self Directed Support {SDS} strategy; CoSLA and others; are planning a questionnaire to get this data in Scotland – but, given similarities in policies and demand and supply figures and data, it’s fair to assume similar figures will emerge from Scotland).

[23] Scottish Household Survey

[24]

[25] Joseph Rowntree Foundation; “The education and employment of disabled young people”, 2005

[26] Audit Scotland; “Health inequalities in Scotland”, 2012

[27] The Scottish Government; “The Scottish Health Survey; Equality Groups”, 2012

[28] Inclusion Scotland; “A vision for an inclusive Scotland”, 2014

[29]A report by the House of Commons Public Accounts Committee found that, within the first 14 months of the Workfare operation, of the 104,000 people taken off incapacity benefit, the programme only placed 3.7% in a job lasting more than three months, this compares to the much higher success rate of user-led (DPO) Glasgow Centre for Inclusive Living. At the termination of its ESF funded “Professional Careers Service”; of those assisted to find traineeships within local social housing associations; 82.4% gained full-time employment; 94.1% gained an academic qualification; and 11.7% went into further education