The Convention on the Rights of Persons with Disabilities-Be their Voice

idpd_poster_2015

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.

and,

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.

https://lastquangoinhalifax.wordpress.com/2016/03/13/why-mca-because-crpd/comment-page-1/#comment-13

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.

 

 

 

 

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8 Comments

  1. Well said, as always, Finola. from my vantage point in Canada, having brought up Charlie in England until he was eleven, it seems to me the governing bodies overseas have really crushed this human rights issue substantially.

    Reply

    1. Thanks Cynthia,

      Your comment is much appreciated.

      What do we do, about a government, and now two previous ones, who are bent on removing the disabled’s rights completely ???

      Hope you are looking forward to a good Christmas .

      Where you are, I assume, it will be very pretty and very white.

      I know Canada, do the decorations, big time, as I remember the shops, they were like fairy land.

      All the best, Have a good Christmas
      Finola

      Reply

  2. How do we all get to the UN? What are the processes to make an appeal to them? How do we get our sons and daughters heard? ? ?

    Reply

    1. We, will have to work on that one.

      Thank you for your comment.

      I am hoping that you and Martin are well, and can have, as good a Christmas, as possible under the circumstances, together.

      Best wishes, Finola

      Reply

      1. Martin will be allowed home from Cardiff with a carer for approx 3 hours on 19th December. The carer is forbidden to talk to me about Martin.His LA Care Manager went on holiday 19th November and will be back after Christmas there is no one to take her place we have been told to waituntil she comes back from holiday. And so it goes on. Care home fees £2400 a week. Once a week Martin sent to local take away to buy his lunch, which he has to pay for himself. LA has over ruled my EPA and are making Martin contribute £80 to his residential care fees although he is under continuing health care for his epilepsy. He has litigation capacity but can only be represented in Court by the OS – Mr Justice Charles judgment Lawyers charging me for doing nothing. There was a film once about a deaf woman – title – CHILDREN OF A LESSER GOD –

  3. Dear Final

    Thankyou for this informative post. I love reading your posts. I have a 20 year old son and 22 year old daughter. My son is “severely mentally impaired” and has classical autism. Long story through the System. I am actively involved in promoting change to improve life for all those who are disabled and their families. There are many of us together in mind and spirit voicing our support for equal human rights for the disabled. We are not alone.

    Best wishes Danuta

    Reply

    1. Thank you Danuta for your comment.

      And hope the blog helps you.

      You appear to be in a similar position to me, but after reading my blog post ,about the apparent underestimation of the autistic’s intelligence, and the conflation of learning difficulty . which all autistic will have, with leaning disability, can you really be sure, your son, is now as they call it, ‘intellectually impaired’.

      We really haven’t a clue about autism per se, let alone, what will, or how an autistic person will develop, if not educated, and dealt with properly.

      Best wishes, and please feel free, if you ever get a chance, to comment on any posts, past or present,.
      Hopefully the blog can be used as a source of information.
      If you want a more private medium, as well, please feel free to contact me on finolamoss@gmail.com

      Best wishes to your family and you and hope you have good Christmas.

      Finola

      Reply

  4. Ha ha. Pathetic isn’t it? 🙂 Before you know it, they’ll be trying to poke autistic/disabled people with sticks, and treating them like animals. Oh I forgot, we’re already halfway there. You know, you alway get those educated university snobs, trying to get you to join some sort of patronizing special needs class, and you just think “Bugger off!”. Look don’t get me wrong, maybe they’re just trying to help, but the more these corporate agencies try to bother you, the less of a human you feel. I have a life to live. And the fact that some special needs staff, aren’t even trained is daft. They should do some research, before knowing what they’re letting themselves in for.

    Reply

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