Disability Law & Policy News

Trends in Focal Points: Monitoring the CRPD

2012-01-23T15:22:00.002Z

by Meredith Raley As explained previously, Article 33 of the Convention on the Rights of Persons with Disabilities is one of the most innovative and important articles in the Convention, as it has the potential to transform the way that human rights treaties interact with national laws. This potential will only be realised, however, if the framework laid out in Article 33 is effectively

European Court of Human Rights Issues a Landmark Judgment for the Rights of Persons with Disabilities

2012-01-19T00:04:00.001Z

The Grand Chamber of the European Court of Human Rights (ECtHR) this week delivered a landmark judgment for the rights of persons with psycho-social disabilities and intellectual disabilities in the case of Stanev v Bulgaria. The Mental Disability Advocacy Center (MDAC) and the Bulgarian Helsinki Committee represented Mr. Stanev in his efforts to bring domestic proceedings and at the ECtHR.

Seminar Series on the UN Disability Convention

2012-01-13T19:42:00.003Z

The Scottish Human Rights Commission has begun to host online seminars on the CRPD. The rationale for holding the seminars is that there is promote accessible information on the CRPD and how it relates to persons lived experiences. Seminar 1: The first seminar examined disability equality and human rights in the context of public spending cuts and welfare reform. Each seminar runs for an

The Death of Human Rights Advocate John McCarthy

2012-01-10T23:24:00.003Z

Amnesty International and the Centre for Disability Law & Policy (NUI Galway) will run a seminar entitled “Getting it Right: Capacity Legislation and the Convention on the Rights of People with Disabilities” on 30 November 2011 from 9am – 1pm at the Alexander Hotel, Fenian Street, Dublin 2. This seminar will explore how Irish legislation can reflect the changes Article 12

Irish conference discusses why disability must be embedded in development

2011-11-16T12:05:00.000Z

by Mary Keogh Recently, we have heard a lot of headlines about the 7th billion baby born to the world. The exact location and timing of the birth was debated and it was even suggested that we could be past this figure already given the fact that some countries do not register births. What we do know is that this child was born into a world, which comes under continuous pressures to support its

Conference on Disability & Genetic Discrimination

2011-10-26T12:28:00.001+01:00

The Centre for Disability Law & Policy will co-host a one-day conference with the Burton Blatt Institute entitled “Genetic Discrimination: Transatlantic Perspectives on the Case for a European Level Legal Response”. It will take place on 19th November 2011 in Aras Moyola (Ground Floor), North Campus, National University of Ireland Galway commencing at 9am. The leading experts in the field will

Conference on Promoting Disability Inclusion in Ireland and the World

2011-10-19T15:36:00.000+01:00

by Charles O'Mahony CBM Ireland, the Centre for Disability Law & Policy (NUI Galway) in conjunction with Dóchas, the International Disability and Development Consortium and the Disability Federation of Ireland will tomorrow run a conference entitled “The Convention on the Rights of Persons with Disabilities: Promoting Disability Inclusion in Ireland and the World” in the

The Paris Principles and Article 33.2 CRPD

2011-10-11T12:48:00.001+01:00

By Meredith Raley One of the most important innovations in the Convention on the Rights of Persons with Disabilities (CRDP) is Article 33. As explained in a previous post see here, Article 33 is a unique attempt to improve the process of implementing the CRPD and quickly and fully realising the rights it contains. Within Article 33, one of the most important provisions is 33.2, which requires

World Mental Health Day: Reflections from Ireland

2011-10-10T16:18:00.004+01:00

by Charles O'Mahony Today in World Mental Health Day – and it provides us in Ireland with a lot to think about in terms of the way in which mental health services are provided and how our mental health laws are constituted. The key policy document on mental health is entitled “A Vision for Change” and the Expert Group on Mental Health Policy, which was established to

Has the UN Committee on the Rights of Persons with Disabilities re-written Article 33.2?

2011-10-04T16:58:00.003+01:00

"Since publishing this blog posting it has transpired that shortly before Spain's examination the Spanish Ombudsman, which is an 'A' accredited National Human Rights Institution, was incorporated into Spain's independent framework alongside CERMI, hence explaining the UNCRPD Committee's concluding observation the Spain is in 'full compliance' with Article 33.2 the Convention. Contrary to

Canadian Human Rights Commission Survey on Article 33.2 of the Convention on the Rights of Persons with Disabilities

2011-09-28T20:03:00.002+01:00

Article 33.2 of the Convention on the Rights of Persons with Disabilities requires State Parties to the Convention to implement a “... framework...to promote, protect and monitor implementation.” Within the “framework” a number of governmental and civil society entities may be connected. In addition the CRPD requires that there be “…one or more independent mechanisms…”

Conference on Disability Rights and International Cooperation: Dublin Convention Centre

2011-09-13T14:18:00.007+01:00

On October 20th 2011, the Centre for Disability Law and Policy (NUI Galway) and CBM Ireland in conjunction with Dochas and partners from the disability sector will host a one-day conference at the Dublin Convention Centre. Ms. Judith Heumann, Special Adviser to the US Department of State on International Disability Rights, will deliver the keynote speech. Other distinguished speakers include

Canadian Information Sharing with US on Mental Health History Leads to Discrimination and is at Odds with CRPD

2011-09-10T15:43:00.012+01:00

by Charles O'Mahony The CBC website published an article outlining how the US have stopped persons with a history of mental illness entering the United States. See here. This has been brought into the public domain after US Homeland Security refused a Canadian national 65-year-old Lois Kamenitz to take a flight to Los Angeles as she had a history of mental illness. Reciprocal data sharing

UN Launch of Dr. Eilionóir Flynn’s Book From Rhetoric to Action

2011-09-09T15:24:00.004+01:00

Human Rights in Ireland regular contributor Dr. Eilionóir Flynn’s book entitled “From Rhetoric to Action: Implementing the UN Convention on the Rights of Persons with Disabilities” was launched yesterday at the United Nations. The book (published by Cambridge University Press) is a global comparative study of implementation and monitoring mechanisms for national disability strategies. It

Forthcoming Events at the Centre for Disability Law & Policy NUI Galway

2011-09-09T12:23:00.010+01:00

Forthcoming Events at the Centre for Disability Law & Policy NUI GalwayFor more information see www.nuigalway.ie/cdlp 8 September Launch of Book on National Disability Strategies (United Nations, New York) 20 October Conference on Disability and Inclusive Development (Dublin Convention Centre – co-sponsored event with CBM Ireland) with Judith Heumann, Special Advisor on Disability, US State

The Disenfranchised Stakeholder? Disability, Diversity and the Drive for Responsibility

2011-09-09T00:42:00.003+01:00

We are delighted to welcome this guest post from Dr. Ciara Hackett who is a lecturer at the School of Law at NUI Galway. Ciara completed a PhD at Queen’s University Belfast in 2009 entitled: “Dependent States, Global Capital and the Capacity to Regulate: Why can’t small open economies like Ireland have robust CSR”.Corporate Social Responsibility (CSR) as a concept, has been subject to much

United Nations to host a series of meetings on the Disability Convention

2011-09-07T14:59:00.009+01:00

by Mary Keogh Over the coming weeks, the United Nations will host a series of meetings focusing on the Convention on the Rights of Persons with Disabilities (CRPD). The fourth session of the Conference of State Parties (COSP) will be held at the United Nations

My Daughter is Leaving Home: Reflections on Living Independently

2011-09-06T10:11:00.003+01:00

by Noelin FoxThis month, my daughter, like thousands of her peers across the country, is moving away from home for the first time. She is 18 years old and is taking up her place in college, embarking on her journey to independence. Over the coming months she will have to learn a whole array of new skills which she has no previous experience of. She will have to manage her (limited)

International Labour Organization Guide on Education and Training

2011-09-05T19:34:00.002+01:00

The International Labour Organization has produced an online education and training guide that is intended to support improved capacity of governments in collaboration with social partners and civil society to design, implement and evaluate legislation that effectively supports equal employment opportunities for persons with disabilities. See here. The ILO is the

New Zealand Human Rights Commission Appoints First Commissioner with Specific Responsibility for Disability

2011-09-05T14:01:00.001+01:00

The Human Rights Commission last week announced the appointment of Paul Gibson as the first Commissioner with formal responsibility for disability issues. Paul Gibson previously worked as the senior disability advisor at Capital and Coast Health. And was President of the Disabled Persons Assembly (DPA) in addition to working for CCS Disability Action.

Towards Modern Legal Capacity Legislation in Ireland

2011-08-30T16:28:00.003+01:00

by Charles O'Mahony The Centre for Disability Law and Policy recently prepared a submission to the Oireachtas Justice Committee on the Scheme of proposed legislation that will radically overhaul Irish law on legal capacity. The full submission is available here. The core message of the submission was that the fields of mental health law, non-discrimination, and legal

Human Rights Organisations Oppose the Forced Sterilisation of Women with Disabilities in France

2011-08-25T15:32:00.001+01:00

An alliance of human rights groups has spoken out against the forced sterilisation of women with mental disabilities in France. See here and here. Last week the Center for Reproductive Rights, European Disability Forum, Interights, International Disability Alliance and Mental Disability Advocacy Center; submitted written comments to the European Court of Human Rights in

Equal Pay for Employees with Disabilities

2011-08-24T15:34:00.001+01:00

by Charles O’Mahony There is an interesting article in the Winnipeg Free Press about discriminatory laws that permit the payment of below minimum wages to persons with disabilities. See here. Employment law in Manitoba, Alberta and Saskatchewan authorise this underpayment provided that the responsible Minister issues a permit. A freedom of information request showed

The First World Report on Disability: A Summary of the Main Issues

2011-08-23T18:18:00.001+01:00

by Mary Keogh The first World Report on Disability was released this summer. The report was produced through a partnership between the World Health Organization (WHO) and the World Bank. A summary of the 300-page report is provided in this blog, highlighting the main issues and recommendations. The WHO/World Bank report presents a number of interesting findings on the

Working for Me: An Event for People with Disabilities Interested in Setting up a Business

2011-08-18T16:21:00.001+01:00

Invest Northern Ireland in partnership with Disability Action have announced an event entitled “Working for Me” to take place 22 September 2011, 10:30am - 2:00pm at Invest Northern Ireland, Bedford Square, Bedford Street, Belfast, BT2 7ES.The seminar will involve address: the experience of disabled people who have set up their own business; the available support from

Call for Papers on Disability

2011-08-17T11:31:00.003+01:00

Call for Papers: Disability and Nineteenth-Century ProspectsThere is a call for participants for a panel on disability and nineteenth-century American culture at the 2012 C19 conference in Berkeley California. The theme of the conference is “Prospects: A New Century,” an the organisers are interested in papers “that explore how new critical approaches to disability

Article 33: Bridging the Gap Between Domestic and International Law

2011-08-16T13:23:00.000+01:00

by Meredith Raley The United Nations Conventions on the Rights of Persons with Disabilities (CRPD) is a milestone achievement for human rights in many ways. In addition to the many important substantive rights it guarantees, such as the right to education, independent living and health, the convention also contains important procedural innovations that will encourage its implementation. One of

MDAC Seeks Summer Intern

2011-08-03T17:51:00.002+01:00

The Mental Disability Advocacy Centre (MDAC) is currently seeking for a summer intern who will assist in compiling data from a research project looking into discrimination based on disability in Europe. The intern will have the opportunity to carry out comparative legal research in a dynamic work environment in the heart of Budapest. Requirements: excellent English skills;

The American with Disabilities Act celebrates its 21st birthday

2011-07-26T14:53:00.004+01:00

Today the Americans with Disabilities Act celebrates its 21st birthday. The Americans with Disabilities Act (ADA) 1990 was a pioneering law that prohibits discrimination on the basis of disability and enshrined in law the concept of equality for persons with disabilities and it has been hugely influential in shaping anti-discrimination law across the world. The ADA

Final Places Available on MSc in Rehabilitation and Disability Studies UCD

2011-07-22T02:47:00.002+01:00

A number of places are available on the MSc in Rehabilitation and Disability Studies at UCD. The online application process will be open for these places until the end of August (with the course beginning on Friday 16 September, 2011). Interested applicants must have an honours degree (2.2 or higher) in any area and experience of working in the disability sector. In addition the nature of the

Mexico and Republic of Korea Submit Report CRPD Committee

2011-07-20T15:29:00.005+01:00

Mexico and the Republic of Korea have now submitted their national reports to the Committee in on the Convention on the Rights of Persons with Disabilities. The advance unedited version of the Republic of Korea's report is available in English and the report from Mexico is available in Spanish. See here. Article 35 (1) of the Convention on the Rights of Persons with Disabilities requires each

UN Call for Papers on Article 12 of the Disability Convention

2011-07-14T15:53:00.006+01:00

The UN Committee on the Rights of Persons with Disabilities has a call for papers on the practical and theoretical measures for the implementation of Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD1). The Committee recently had a call for papers on the legal measures for the implementation of Article 12 of CRPD. The Committee at

Scholarship for the LL.M in International & Comparative Disability Law Announced

2011-07-12T15:30:00.003+01:00

The Centre for Disability Law & Policy at NUI Galway will fund a scholarship for the LL.M. in International and Comparative Disability Law and Policy in NUI Galway. The scholarship will be awarded on basis of a competition open to all applicants (the recipient of the scholarship will be awarded the tuition for the programme). To be eligible to enter for the CDLP scholarship, candidates must

Equality and Human Rights Commission: Guide on the CRPD

2011-07-10T13:04:00.003+01:00

by Charles O'Mahony The British Equality and Human Rights Commission have published a useful guide for disabled people and disabled people's organisations on the United Nations Convention on the rights of People with Disabilities. See here. The Equality and Human Rights Commission in line with best practice created an easy to read version of the guide, which is available

Congregated Settings Report on the Transition to Community Living for People with Disabilities

2011-06-30T18:21:00.002+01:00

by Eilionoir FlynnThe long awaited report “Time to Move on from Congregated Settings: A Strategy for Community Inclusion” has been published by the HSE this week. While some of the key findings of the report had been in the public domain since last summer (see here and here) and were recently highlighted on the Prime Time special documentary on people with intellectual

Resourcing Independent Living: Universal Access and Personal Supports

2011-06-17T14:32:00.000+01:00

by Noelin Fox Noelin is a Ph.D candidate in the Centre for Disability Law and Policy, NUI Galway. Her research examines the right to independent living provided for in Article 19 of the UN Convention on the Rights of with Disabilities. Noelin has worked for many years in intellectual disability services’ in Ireland. A proposal by Birmingham City Council to limit the

Day 6: CDLP NUI Galway & Harvard Disability Project Summer School

2011-06-16T16:33:00.006+01:00

by Mary Keogh Day 6 brought the final day of the summer school to a close. Janet Lord and Rosemary Kayees facilitated the morning session and the topic was international cooperation (Article 32). Janet started the discussion giving a background as to why disability is an important development issue. Janet cited figures such as 1 billion people with

Day 5: CDLP NUI Galway & Harvard Disability Project Summer School

2011-06-14T18:52:00.002+01:00

by Mary Keogh & Charles O’Mahony Morning Session Andrea Coomber the Legal Practice Director with Interights led the morning session on day 5 of the Summer School on interacting with the CRPD processes at the international level. She noted that the CRPD is the latest of the 8 international treaties and that the CRPD offers opportunity for shadow reporting. In that regard

Day 4: CDLP NUI Galway & Harvard Disability Project Summer School

2011-06-09T22:26:00.002+01:00

by Mary Keogh & Charles O’Mahony Professor Rosemary Kayess started Day 4’s proceedings with a session on Article 24 (Education) of the Convention on the Rights of People with Disabilities. The article on education was one of the hotly debated articles of the negotiations, as education is so central to persons with disabilities reaching their full potential. Persons with

Day 3: CDLP NUI Galway & Harvard Disability Project Summer School

2011-06-09T10:48:00.005+01:00

by Charles O'Mahony & Noelín Fox Professor Gerard Quinn & Professor Michael Stein began morning 3 with a presentation on Article 12 (legal capacity) of the Convention on the Rights of Persons with Disabilities. Professor Quinn noted that even before the advent of the Convention there had been an evolution of thinking on reforming laws on legal capacity. The Council of

Day 2: CDLP NUI Galway & Harvard Disability Project Summer School

2011-06-08T19:38:00.010+01:00

by Charles O'Mahony Day 2 of the Summer School began with a morning session led by Professor Michael Stein from the Harvard Law School Project on Disability. Professor Stein’s session examined the core values, principles and general obligations contained in the Convention. Professor Stein suggested that the reason that the CRPD was so lengthy was that it sought to connect

Day 1: CDLP NUI Galway & Harvard Disability Project Summer School

2011-06-08T18:26:00.004+01:00

by Charles O'MahonyProfessor Gerard Quinn and Professor Michael Stein introduced the curriculum of the Summer School to the participants. The Summer School introduces participants to the nature of the Convention, the treaty interpretation in general, the general concept of equality in the convention (and some of the relevant innovations in the CRPD) and other issues. For

Briefing Meeting on UNCRPD Highlights Need for Irish Ratification

2011-06-01T19:52:00.002+01:00

by Mary Keogh & Eilinoir Flynn The Centre for Disability Law and Policy NUI Galway and CBM Ireland held a briefing on the impact of the EU’s ratification of the UN Convention on the Rights of Persons with Disabilities on May 18th last at Leinster House. The key objective of the meeting was to raise awareness among Oireachtas members about the EU’s recent ratification of

Constitutionally Enshrined Disability Discrimination in Hungary

2011-05-23T19:50:00.004+01:00

by Charles O'MahonyThe new Hungarian constitution approved by parliament last month contains provisions that are discriminatory and have been widely criticised by human rights organisations. The new Constitution should enter into force on January 1, 2012. Article XXIII (6) of the new Constitution provides that ”[t]hose deprived of their right to vote by a court by reason

Inclusive Humanitarian Responses: People with Disabilities Following Natural Disasters

2011-03-15T15:24:00.002Z

by IDRM project The earthquake and Tsunami which recently struck Japan carry a stark reminder of how natural disasters can bring widespread devastation and loss to a nation. Japan’s government indicates that approximately 6.5 million of its total population of 127 million have a disability, approximately one in 20 people. United Nations estimates indicate that over 590,000 have been displaced by

Are we creating new institutions for people with disabilities?

2010-11-04T15:22:00.002Z

by Noelin FoxOn October 20th John Moloney, Minister of State for Health officially opened ten new houses for people with intellectual disability in the ground of St Ita’s psychiatric hospital in Portrane, County Dublin. The houses will provide accommodation to 60 people with intellectual disability who are long-term residents of St Joseph’s Intellectual Disability Services in the hospital. The

New National Advocacy Service for People with Disabilities

2010-10-06T16:44:00.003+01:00

by Andrew PowerAccording to Martin Murphy of the Epoch Times, Minister for Social Protection, Éamon Ó Cuív, TD on Tuesday announced that a new National Advocacy Service will be set up for people with disabilities under the guidance of the Citizens Information Board. The Minister explained further that the new service will have a regional focus with five teams servicing the nation, this new

The Commencement of the UK Equality Act 2010

2010-10-04T09:50:00.006+01:00

by Charles O'MahonyMany provisions of the Equality Act 2010 come into force today (1 October 2010). The Act received Royal assent on 8 April 2010 following the completion of its parliamentary process on 6 April under the Labour Government. Harriet Harman the then Leader of the House of Commons first announced the Equality Bill on 26 June 2008. A detailed timeline of the Act is available here.

Padraig Flynn delivers public lecture on EU disability policy development at NUIG

2010-09-24T12:31:00.003+01:00

by Eilionoir FlynnOn Wednesday 22 September 2010, Padraig Flynn, former EU Commissioner for Employment and Social Affairs delivered a public lecture hosted by the Lifecourse Alliance in NUIG on the subject of “EU Policy Entrepreneurship – How EU disability policy was made and the lessons for the Lifecourse.” He was joined on the panel by Terry Stewart (former Director in the European Commission

The 20th Anniversary of the Americans with Disabilities Act: The Limits of Anti-Discrimination Law

2010-08-19T11:34:00.004+01:00

by Charles O'MahonyThe Americans with Disabilities Act (ADA) 20th Anniversary was celebrated on the 26th of July last. The ADA represents a significant landmark in the disability rights movement. It was the culmination of a civil society movement across the United States that fought hard to remove barriers that prevented persons with disabilities participating within their communities and

High Court Decision Does Little to End the Exclusion of Deaf/Hearing Impaired Persons from Jury Service

2010-07-19T09:57:00.003+01:00

by Charles O'Mahony The long-awaited decision in the Joan Clarke case was given in the High Court this week. The case taken by the Free Legal Advice Centre (FLAC) was heard in the High Court over two years ago. It involved a challenge to a decision of a court registrar to exclude a deaf woman from jury service even though she was willing to undertake jury service and

Thousands march against cuts to disability services

2010-07-07T13:12:00.005+01:00

by Andrew PowerThousands of people with intellectual disabilities and their families marched in Dublin, Galway and Castlebar today (7th July) in protest over cuts to disability and respite services around the State.According to Inclusion Ireland, the national association for people with an intellectual disability, the Government cutbacks to essential services without prior consultation are “not

World Bank Report on Disability and Development Policies and Practice

2010-07-05T12:18:00.002+01:00

by Mary KeoghDisability has gained currency as a policy issue in the development discourse over the past decade. Recent legal and policy developments such as the Convention on the Rights of People with Disabilities (CRPD) have resulted in an increased recognition that disability is a development issue and that without accessible and inclusive development programmes, overall goals to reduce global

U.K. Court Rules on the Capacity to Refuse Medical Treatment

2010-05-27T14:10:00.000+01:00

by Joyce Mortimer On the 26th May 2010, in DH NHS Foundation Trust v PS, Sir Nicholas Wall P. ruled that it would be lawful to force treatment on a cancer patient with a learning disability, despite her refusal to consent to such treatment. The patient (P.S.) is described by the Court as having, “a significant impairment in intellectual functioning as a consequence of a

Employment Embargo Lifted in Mental Health Services

2010-05-10T10:38:00.002+01:00

by Andrew PowerMental health services have received a special and very rare exemption from the HSE's moratorium on recruitment. According to Mr Martin Rogan, HSE national lead for mental health, this moratorium was in danger of compromising the roll-out of A Vision for Change' and warmly welcomed this decision.The following report in the Medical Independent has confirmed the

Minister Moloney launches National Stigma Reduction Campaign ‘See Change’

2010-04-22T11:42:00.005+01:00

by Andrew PowerMr. John Moloney, T.D., Minister for Disability and Mental Health, together with the partnership organisations launched the National Stigma Reduction Campaign ‘See Change’ on Thursday 15th April 2010.Given the extent of stigma still evident in Irish society, learning to live with mental health problems can become even more difficult, when compounded with the experience, at first

MDAC announces project on effective monitoring of the UN Convention on the Rights of Persons with Disabilities

2010-04-21T13:31:00.003+01:00

by Charles O'MahonyThe Mental Disability Advocacy Centre (MDAC) recently announced a yearlong project that seeks to provide direction to governments and civil society on the effective implementation of Article 33 of the UN Convention on the Rights of Persons with Disabilities (CRPD). Article 33 deals with domestic implementation of the Convention.

Capacity to Undertake Jury Service

2010-04-14T14:26:00.005+01:00

by Charles O'MahonyThe Law Reform Commission’s Consultation Paper on Jury Service launched by the DPP last week recommends removal of the discriminatory provisions in the Juries Act 1976 (as amended) which exclude persons with disabilities from jury service. The DPP was supportive of the recommendations of the Law Reform Commission in this regard. The general outline of

Combating Hate Crimes Perpetrated Against LGBT Persons and Persons with Disabilities

2010-04-07T09:06:00.007+01:00

by Charles O'MahonyThe Commencement Order for the Offences (Aggravation by Prejudice) (Scotland) Act 2009 was issued last week bringing the Act into force. The legislation creates new statutory offences that protect victims who are attacked on the basis of their disability, sexual orientation or transgender identity in Scotland. Specifically section 1 of the Act makes

Human Rights Commission new report

2010-04-07T08:41:00.005+01:00

by Andrew Power The Irish Human Rights Commission (IHRC) last week published its Enquiry Report into the situation of a group of adults with a severe to profound intellectual disability in the John Paul Centre, Galway. The enquiry found that there were serious gaps in the provision of services to residents or people using the facilities of the Centre. The inadequate services identified in the

Disability housing decision in New York suggests new era for Independent Living Movement

2010-03-11T12:59:00.003Z

by Jenn RobertsonIn September, the New York Federal District Court ruled that Governor Paterson, together with the New York State Department of Health and the New York State Office of Mental Health and their commissioners, were in violation of the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act (“RA”). Last week, that same Court determined that the remedial proposal submitted

Major Step Forward in Housing for People with Mental Disabilities in New York

2010-03-10T12:27:00.007Z

by Noelin FoxThe State of New York has pursued a policy of deinstitutionalisation of people with mental illness from large psychiatric hospitals since the 1970’s. One of the main alternative ‘community based’ housing services used by the State is ‘Adult Homes’. In a very significant judgement delivered in the District Court in New York’s Eastern

Safeguarding Persons with Disability from Abuse and Exploitation

2010-03-08T09:36:00.005Z

by Charles O'MahonyThere is a growing awareness around abuse perpetrated against vulnerable groups in our society. In particular, elder abuse and child abuse now seem to be firmly ingrained in public consciousness and in the consciousness of policy makers and legislators. However, as we saw this week with the discussion and debate around the publication of the Report into

Advocacy can put mental health back on the agenda

2010-03-05T11:44:00.004Z

In a recent article in Irish Medical Times, Dr Anna Data and Justin Frewen examine the crucial role citizen advocacy can play in addressing the many clinical, economic and political issues facing the mental health services.Mental health problems in 2006, alone, was estimated at €3 billion, with €2 billion lost in economic output and a further €1 billion disbursed on health and social care

Schools' attitudes to disability must change

2010-03-04T14:00:00.002Z

Recently The Irish Times revealed how many fee-paying schools appear to be excluding children with special educational needs. In responding to this list, in their Talkback section, Ann Heelan raised the question: Why are so many professionals involved in education behaving in this unacceptable way?The answer she argues is that professional staff and parents see the child with the disability as

Deaf Children and Inclusive Education

2010-03-02T09:57:00.006Z

by Joyce Mortimer Communication Access Realtime Translation (CART) is a word-for-word speech-to-text interpreting service for people who need communication access. It was reported recently by irishdeafkids that a deaf student in Trinity College Dublin is receiving Real-Time Captioning services in order to benefit fully from tutorials. This service is being provided by Premier Captioning and

Standards of care is vital to safeguarding the rights of disabled people

2010-02-02T18:01:00.007Z

by Mary Keogh & Charles O’Mahony According to an article in the Irish Times today, more than 500 official complaints (approx three a week) over the past two and a half years have been made regarding abuse and mistreatment of disabled people in residential settings. The most serious incidents included allegations of abuse or physical assault by a staff member at a number of residential centres.

Responding to Mental Health in Ireland

2010-02-01T11:38:00.006Z

For those interested in mental health issues, the following letter in the Irish Times by Amnesty comments on the latest CSO publication, the 2006 National Disability Survey: This week the CSO published the full results of the 2006 National Disability Survey (Home News, January 28th). These results give rise to serious concerns about the lives of people with a mental health problem. In a number

Inclusion should be at the heart of humanitarian responses

2010-01-19T09:02:00.008Z

by Mary Keogh. The Haitian earthquake brings a stark reminder of how natural disasters can bring widespread devastation and loss to a country. This destruction is further compounded when disaster hits a country like Haiti where poverty is rife. Haiti ranks 149th of 179 countries in the United Nations Development Programme Human

Latest Report finds that Psychiatric wards unfit for human habitation

2010-01-08T16:39:00.003Z

The latest reports by the Inspectorate of Mental Health Services on the State’s 63 psychiatric hospitals and mental health facilities, which accommodate about 2,700 people have warned that wards in a number of psychiatric hospitals are “unfit for human habitation” and need to be closed down as a matter of urgency.They have also found evidence of dysfunctional management in at least one hospital

Staff Targets for Persons with Disabilities Not Being Met

2010-01-05T09:34:00.004Z

According to Jamie Smyth in the Irish Times, almost half of public bodies are failing to meet the statutory target for employing people with disabilities, despite a small rise in numbers of disabled staff working in the public sector in 2008.http://www.irishtimes.com/newspaper/ireland/2009/1223/1224261161621.html

Abuse of the Human Rights of Persons with Disabilities Resident in Social Care Institutions

2009-12-18T15:58:00.002Z

By Charles O’Mahony Bestea and others v Romania (the Poiana Mare Hospital case) On Friday 11 December 2009, the Center for Legal Resources and Interights filed an application with the European Court of Human Rights on behalf of five patients who died at the Poiana Mare Psychiatric Hospital Romania in 2004. The hospital has a poor reputation with regard to human rights

Budget 2010 and the Rights of People with Disabilities

2009-12-11T09:12:00.003Z

by Eilionóir Flynn.The recently announced 2010 budget has had an obvious impact on people with disabilities by reducing disability-specific payments, such as the disability allowance and disablement pension; however, some indirect cuts, particularly in transport and education could well have a disproportionate effect on the rights of people with disabilities. First, the

Harbouring bigotries we like to deny

2009-11-02T11:49:00.005Z

In the Irish Times (Tuesday, October 27, 2009), Health Columnist Marie Murray examines the issue of prejudice – a problem that when not named, acknowledged and accepted, cannot be addressed.Most people like to construe themselves as free of racism, prejudice, disablism or other unacceptable intolerances. Yet research shows the extent to which, ever so unconsciously, people harbour bigotries that

O'Keefe fails to recognise the need of People with Disabilities

2009-10-29T10:04:00.008Z

With the unveiling of plans for 1,000 free postgraduate places in Ireland, Education Minister Batt O'Keeffe has been accused of ignoring disabled graduates.Although students with disabilities on full-time courses in college can avail of a Fund for Students with Disabilities operated by the Higher Education Authority (HEA), a spokesperson for the HEA said the Fund for Students with Disabilities

Equality award against Car Hire Industry

2009-10-29T09:57:00.004Z

The Equality tribunal has made an award against the car hire company Enterprise-Rent-A-Car , in a case brought by a disabled driver.The driver felt that this was discrimination on disability grounds, as he had contacted seven different hire car companies. “I felt that this was a bigger issue than just one company not complying with the Equality Legislation, it was a car hire industry problem”He

NO right to choose in relation to education

2009-10-29T09:46:00.006Z

When the Learning and Skills Council (LSC) in the UK suddenly ended its contract with Coleg Elidyr, a specialist college, many children with learning disabilities were left without a place. Speculation abounds regarding the termination of the contract as LSC and the local social services are both entitled to terminate the contract by giving three months' notice without any need to give reasons

Human Rights Commissions and Disability

2008-12-01T16:36:00.003Z

Several people have asked me about the involvement of human rights commissions on the disability issue. There is an International Coordinating Committee (ICC) of National Human Rights Institutions (NHRIs) based in Geneva. The ICC (and each of its regions in Europe, Americas, Africa and Asia/Pacific) has a thematic focus on disability. The website is available at: http://www.nhri.net/

2008 Council of Europe Presidency Conference on Disability

2008-11-21T15:53:00.004Z

Most of the papers from the impressive Swedish Presidency of the Council of Europe on disability are now available at: http://www.coe.int/t/dc/files/themes/handicap/default_en.aspThe paper by the Council of Europe's High Commissioner for Human Rights (Tomas Hammerberg) is notable for its force and honesty. Among other things, his Office is interested in making sure that National Human Rights

Development Aid and Disability

2008-11-19T13:39:00.005Z

This is a critically important element in the struggle to achieve the objectives of the new UN Convention on the Rights of Persons with Disabilities. Fo one thing, no amount of excellent law reform will bring about meaningful change in very poor countries. Something extra is needed and that will inevitably mean leveraging development aid to bring it into closer alignment with the convention.Two

Legal Capacity Debate

2008-11-14T12:13:00.004Z

Those of you following the draft legislative proposals in Ireland on legal capacity should read the amicus brief lodged by the European Group of National Human Rights Institutions (Ombudsman, human rights commissions, etc) to the European Court of Human Rights earlier in 2008. Among other things the brief goes into Article 12 of the UN Convention on the Rights of Persons with Disabilities and

Torture & Disability

2008-11-12T13:51:00.005Z

The United Nations Special Rapporteur on Torture (Manfred Novak) submitted an important interim report in July 2008 to the UN General Assembly. In it he devotes a whole section to the issue of protecting people with disabilities from torture. He ranges over issues such as poor conditions of detention, the use of restraints and seclusion, medical and scientific experimentation, medical

2008-11-10T16:30:00.006Z

The Conference of States Parties under the new United Nations Convention on the Rights of Persons with Disabilities held its first meetings on Friday 31st October and Monday 3rd November. This body was set up under Article 40 of the convention and has the power to "consider any matter with regard to the implementation of the convention". It will hopefully become an engine of change in its own