Today, is United Nations Day for people with disabilities.
And a very sad one, if you are disabled, in the UK.
As previously blogged, not only is the label, ‘disabled’, increasing, as the need for more marketable commodities increases.
But. to enable commodification, the disabled’s rights, are decreasing to the point now, of now none existence.
The old, deaf, slow, different, autistic, vulnerable, are being processed, by the Court of Protection, into a life without freedom, or, choice, for profit.
Well paid ‘experts’, are proclaiming them MCA ‘incapable’, of making any decision.
Removing, not only their personal autonomy, but, the disabled’s legal capacity.
And with it, their rights to claim any property, social, care, welfare, or human rights.
They become , on being assessed ‘incapable’, a non person.
So what do the United Nations say about the disabled rights?
The United Nations, created a ground-breaking Convention, which was drafted, not only, by government representatives, civil society organisations, but, more crucially, disabled people’s organisations.
Its concept being, ‘nothing about us without us’.
It is the disabled’s voice.
The Convention, has a high number of signatures and ratifications – 145 and 158 respectively.
And, provides, a comprehensive reformulation of the disabled’s rights.
It is legally binding on all states, that have signed, and ratified it, including the UK.
Article 12(2) of the Convention, gives a disabled person, the right, to equal legal capacity with others.
This involves two distinct rights;
1. to be a person before the law.
2. to be a legal agent, whose decisions are respected, and, validated by the law.
The CRPD Committee, has stated, that support systems, for the exercise of legal capacity, must replace regimes of ‘substitute decision making’, that, deny legal capacity.
The Committee states General Comment No. 1 – Article 12: Equal Recognition Before the Law, Paragraph 23, UN Doc. No. CRPD/C/GC/1, adopted at the 11th Session (April 2014).
‘Substitute decision-making regimes can take many different forms, including plenary guardianship, judicial interdiction and partial guardianship. However, these regimes have certain common characteristics: they can be defined as systems where (i) legal capacity is removed from a person, even if this is just in respect of a single decision; (ii) a substitute decision-maker can be appointed by someone other than the person concerned, and this can be done against his or her will or (iii) any decision made by a substitute decision-maker is based on what is believed to be in the objective “best interests” of the person concerned, as opposed to being based on the person’s own will and preferences.’
It also states
“the development of supported decision-making systems in parallel with the maintenance of substitute decision-making regimes is not sufficient to comply with article 12 of the Convention.”
The Convention, also provides that systems, should not indirectly discriminate against the disabled.
And, the CRPD Committee Comment, has stated this includes, ‘facially neutral’ assessments of mental capacity,
that are, disproportionately applied, to people with disabilities.
How many deemed non disabled in UK, are subjected to capacity assessments ?
And how many disabled assessed pass the test?
The Committee comment,
‘The functional approach attempts to assess mental capacity and deny legal capacity accordingly. (Often based on whether an individual can understand the nature and consequences of a decision and/or whether she/he can use or weigh the relevant information.) This functional approach is flawed for two key reasons. The first is that it is discriminatorily applied to people with disabilities. The second is that it presumes to be able to accurately assess the inner-workings of the human mind and to then deny a core human right – the right to equal recognition before the law – when an individual does not pass the assessment. In all these approaches, a person’s disability and/or decision-making skills are taken as legitimate grounds for denying his or her legal capacity and lowering his or her status as a person before the law. Article 12 does not permit such discriminatory denial of legal capacity, but rather requires that support be provided in the exercise of legal capacity.”
Other rights as shown here also given by Convention.
So our present,and previous governments,have conspired to remove, all mentally ‘disabled’’s rights under the Mental Capacity Act 2005.
And, signed,the Convention on the Rights of Persons with Disabilities.
On this day of the disabled, be their voice, hear their misery, and suffering.
Link this post to your MP, and, free the disabled.
And our country from illegality.