EASPD – How service managers can make the best use of the UN Convention on Rights of Persons with Disabilities
INTRODUCTION
EASPD recognises that managers of service provider organisations are very committed, but also very busy. It can be difficult to find time to study new laws and conventions, and think about what they mean, and how they can help you.
The purpose of this disc is to give a brief summary of the UN Convention on Disability, and to suggest ways it can help you achieve inclusion for people with a disability.
There are three parts to the Disc. Part one contains important messages from a person with intellectual disability, a parent and a representative of the European Commission.
Part Two describes the key features of the Convention.
Part Three makes practical suggestions for progress. We hope you find it helpful.
Part 2
HOW MANAGERS CAN MAKE THE BEST USE OF
THE UN CONVENTION ON DISABILITY
Things you need to know
Things that you can do
1.The UN Convention itself
The UN Convention on Disability was adopted on 13 December 2006. It was signed by many individual countries, and also by the European Community.
The Convention is an important obligation. It also brings exciting opportunities for service provider organisations to improve the lives of the people they support.
2.What does the Convention say?
The Convention sets out an expectation to promote, protect and ensure full and equal enjoyment of all human rights by people with disabilities[1].
Very importantly, by association, this also includes their families.
These are not new rights, and the Convention does not supersede existing legislation. But this is the first time they have been expressed in a way which reflects the real needs, abilities, rights and aspirations of people with a disability. It also sets out a truly international framework for progress.
The Convention sees disability as a developmental concept. It represents a clear commitment to move away from the medical and segregated model to a social and inclusive model.
Disability is reduced if society removes the obstacles placed in the way of people who have impairments. This makes moral sense – disabled people have the same fundamental rights as others. It also makes economic sense – disabled people want to be consumers, tax payers and employees.
3.What does the Convention apply to?
It applies to ALL the key areas of life that are important to EVERYONE, whether or not they have a disability.
These include:
–Personal Mobility – the provision of equipment and support need.
–Accessibility – adapting the environment to enable disabled people to be part of the community. This includes disable friendly transport, and buildings. This means things like ramps. But it also means audio and visual support. It means taking a Design For All approach to new and adapted buildings.
–Health – the right to the same health care as everyone else, together with specialist support where needed.
–Education – the right to the same educational opportunities as everyone else. These opportunities should not be in segregated settings.
–Employment – the right to paid employment, and to contribute to economic productivity.
PARTICIPATION IN PUBLIC AND POLITICAL LIFE
–The right to full citizenship – to have an equal voice in the way communities and countries are run.
EQUALITY AND NON DISCRIMINATION
–The right to equal value and equal opportunity, and the right to personal integrity and privacy, and for there to be no discrimination. Discrimination can be direct or indirect.
Of course the list does not stop there. It applies to all the things people value in life.
4.What is the context for the Convention?
For European service providers, the Convention needs to be seen in the context of –
–the European Union Disability Plan,
–the Council of Europe Disability Action Plan and
–the Disability Action Plan in each members country.
It also links to the Strategic Plan of your organisation – it should influence both what you do and how you do it.
What is the EU Disability Action Plan?
5.The EU Disability Action Plan
The EU Disability Action Plan encompasses the essential elements of the EU Disability Strategy.
There is a new Disability Action Plan for 2007-13[2]
The European Union’s role is:
–to set the scene for member states
–to provide a framework
–and to encourage and disseminate innovative and knowledge exchange.
It addresses all the important issues in the UN Convention, with a particular emphasis on promoting employment by full application of the Employment and Occupation Directive, improving accessibility for all and reinforcing mainstreaming of disability issues in relevant community policies.
What is the Council of Europe’s Action Plan?
6.The Council of Europe Action Plan for 2006-15 is a similar commitment, to promote the rights, full participation and quality of life of people with disabilities[3]. It applies to all European countries, whether or not they are part of the European Union.
What is the National Disability Plan?
7.The National Disability Plan
It is the member states who have the key responsibility to achieve integration for their disabled citizens.
The National Disability Plan describes how each country plans to achieve this.
8.Who are The Stakeholders?
The UN Convention applies directly to people with a disability. It also applies to their families – families are important to everyone, and most people with disabilities still live with their family.
It particularly applies to those who support them – that is, to service provider organisations.
It also applies to the wider community – to everyone who is part of it. Integration is social responsibility and social investment.
9.How does the Convention apply to Service Provider Organisations?
The UN Convention explicitly mentions social services under Article 26, and indicates certain characteristics those services should have – especially a commitment to service user involvement and training.
But of course its values and principles should be part of everything organisations do.
All good service provider organisations will have a Strategic Plan. This plan will include statements about the importance of, and commitment to, inclusion and integration.
So Service Provider organisations have a special responsibility to actively promote the inclusion of people with a disability.
More and more, this is also becoming a contractual responsibility – public authorities who buy services from service provider organisations will expect them to show evidence of how they are practising these values.
10.Development and Progress
The UN Convention must be seen as an important stage in a journey – as part of evolution towards full emancipation.
This evolution will also mean continuous adaptation to changing economic and social circumstances.
Part 3
SO WHAT ARE THE 10 THINGS YOU CAN DO?
1.Practise Inclusion in all that you do
–Inclusion is fundamentally a question of attitude. Every organisation can make a difference, if it is determined to do so.
–Be determined to make a contribution. Find out what is happening. Take an active not reactive role.
–Work in partnership with all the key stakeholders
–people with disabilities themselves
–families
–other service provider organisations
–the mainstream agencies who provide the essential service we all need.
–Things happen when people make them happen.
2.Link the different strategies, and develop an Organisation Inclusion Plan
Ask
–What are the special strengths of my organisation?
–How can the European and National Action Plans help me to achieve our strategic objectives?
and, conversely,
–How can my organisation contribute to the achievement of the Action Plans?
Take time to stand back and ask these questions. It will help if you involve people with disabilities.
Then, develop an Organisation Inclusion Plan. The Plan will state what you want to achieve, and how, and when. This will have a series of internal and external actions,
Internal Actions
3.Ensure everyone has a Personal Plan, and change what you do to help them achieve this.
Individual plans will be based on:
–choice: This means helping people to know what is possible, and to accept that they will have their own unique wishes.
–preferred communication methods: This means finding out the ways people like to communicate, and need to communicate. This also means giving them the time and the space to communicate.
Then this also means –
–analysing the overall ideas and themes coming up from individual plans, and seeing what this tells you about they way your organisation operates.
This might mean –
–being prepared to commit to a different way of doing things, if this is what people want. Some things are simple, and can be done quickly. These are very important in their own right, and they also send a big message. Some things may not be so simple. They might mean long term planning and investment.
–learning from others who have deinstitutionalised, who have successfully provided more individual and flexible patterns of service.
4.Involve people with a disability in the governance of the organisation
This means, for example,
–having formal representation by at least one person with a disability on the Board of the organisation.
–arranging annual collective meetings between the people you support and the Board of the organisation. The people you support would have an external facilitator. There would be a planned theme, a record of the discussion, and a formal commitment to subsequent action.
–This means asking other what they have done, and learning from them.
5.Communicate with the people you support
This means, for example,
–Producing Easy to Read and non jargon versions of all key documents so that the people you support understand your purpose and plans, and how you want them to be involved.
–Producing Newsletters for the people you support, and involving them in the editing and production.
6.Make sure the people you support are free from abuse
–Appoint a senior person to be responsible for good practice.
–Make sure all personnel know there is zero tolerance of abuse.
–Provide training programmes for personnel and also for the people you support.
–Have a clear system for investigating possible cases of abuse.
–Review practice every year.
7.Be a role model employer
This means, for example,
–Doing more than the minimum. Recognise that many of your staff already have, or will acquire, a disability.
–Providing the right access and communication aides.
–Ensuring that you employ people with a disability.
–Recognising that many of your staff will also be carers of people with disabilities.
–Having a specific family carer friendly policy.
–Be flexible and supportive. This sets a good example to others. It also means you will attract and keep good staff.
–And then there are things you can do EXTERNALLY.
↓
8.Link to and be an active member of a range of disability networks so that you can:
–learn
–inform
–share
–and develop ideas
These networks will be local and/or regional and/or national, depending on your size.
There are three networks in particular it is important to link with:
You can join disability service provider networks.
Two, you can also develop partnerships with networks run by disabled people themselves.
And in the same way, you can also develop partnerships with family carer networks.
9.Work with public bodies and wider, non disability specific networks to achieve healthy and inclusive communities for all.
This is very much in addition to working with disability specific networks.
It is important to work with other networks that are not just disability focussed, so that you can help achieve healthy communities for all. If we want people with disabilities to be included in the general community, we must ensure that the community itself is cohesive and healthy.
Again, so that you can learn, inform, share and develop ideas.
Here, also, these networks will be local, and/or regional, and/or national, depending on your size.
There are several things you can do.
–You can plan a public awareness campaign to educate the general public about the positive aspects of disability.
–You can support disabled people to have social roles that are valued by everyone else – such as employment,
–You can work with other groups on wider initiatives for the benefit of all – for example improving community safety, transport or leisure opportunities.
10.And finally, review yourAction Plan
–commit to an annual review of progress. This could take the form of an Equality Impact Assessment. The Impact Assessment will be more effective if it involves people with disabilities and also people who are external to the organisation.
We hope you found the explanation and suggestions useful. EASPD would like to hear from you about what you achieve, so that we can share these ideas with others.
- 1 -
[1]UN Convention on the Rights of Persons with Disabilities, United Nations, viewed 20 September 2007 <
[2] Recommendation Rec (2006)5 of the Committee of Ministers to member states on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of like of people with disabilities in Europe 2006-2015.
[3]Recommendation Rec(2006)5 of the Committee of Ministers to member states on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006-2015, Council of Europe Committee of Ministers