Diapositiva 1

1
The UNCRPD implementation in Europe a tool and
a challenge for DPI
Giampiero Griffo
Disabled Peoples International - DPI
2
3.5.2008 Entry in force of UN Convention on the
rights of PwD EU ratify 23.1.2011

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Higher recognition of the rights of pwd
4
From the recognition of the needs
To recognition of the rights
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154 States has signed CRPD90 States has signed
Optional Protocol 125 States has ratified CRPD75
States has ratified Optional Protocol
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World ratification process

• CRPD is an international standard both for
  persons with disabilities programs and policies
  and for general development

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Ratification in Europe (36 1 24 of EU)

• Armenia, Austria, Azerbaijan, Belgium, Bosnia and
  Herzegovina, Bulgaria, Cyprus, Czech republic,
  Croatia, Denmark, Estonia, France, Germany,
  Greece, Hungary, Italy, Latvia, Lithuania,
  Luxembourg, Macedonia, Malta, Moldova,
  Montenegro, Poland, Portugal, S. Marino, Romania,
  Russia Federation, Serbia, Slovakia, Slovenia,
  Spain, Sweden, Turkey, Ukraine, United Kingdom of
  Great Britain and Northern Ireland
• European Union

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New perspectivesfor PwD in the world
1 billions of Persons with Disabilities
can Change their Quality of life (15 of
world population)
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Condition of PwD in the world
82 live in developing countries (about 800
millions, 1/3 of the poor population)
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Condition of PwD in the world
Only 2 receives services or support
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Condition of PwD in the world
90 of pwd are unemployed (OIL)
DPI-Europe
European Disability Forum
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Condition of PwD in the world
98 children with disabilities not have
access to a formal education
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Condition of PwD in European Union

• 80 millions
• in 27 countries

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Condition of PwD in European Union

• The unemployment rate
• is about 80
• 2003 EUROSTAT)
• 17 of active population in
• European Union have
• a disability

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Condition of PwD in European Union

• 500.000 PwD
• are segregated
• in 2.500
• Mega-instituts
• (2004, INCLUDED
• IN SOCIETY)

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The Condition of PwD

• Societies low regard for the abilities of
  persons with disabilities has resulted in
  discrimination and stigma attached to disability
  which pose great barriers in their participation
  in economic, cultural, political and social life

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The Condition of PwD

• PwD are discriminated citizen and live conditions
  of lack of equal opportunity
• PwD meet obstacles and barriers to social
  participation
• PwD INVISIBLE CITIZEN

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The contents of the UN Convention will be the
base of intervention in all countries
Article 1 - Purpose The purpose of the present
Convention is to promote, protect and ensure the
full and equal enjoyment of all human rights and
fundamental freedoms by all persons with
disabilities, and to promote respect for their
inherent dignity.
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Persons with disabilities are part of society
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Economical crisis in Europe

• Strong resistance from the governments to accept
  the human rights approach
• first time in Europe a solution against the
  economical crisis is cut the social funds
• mains resistances are on the education, on
  independent living, on social protection

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Convention on the Rights of PwDArticle 24
Education

• 1. States Parties recognize the right of persons
  with disabilities to education. With a view to
  realizing this right without discrimination and
  on the basis of equal opportunity, States Parties
  shall ensure an inclusive education system at
  all levels and life long learning directed to
• (a) The full development of human potential and
  sense of dignity and self-worth, and the
  strengthening of respect for human rights,
  fundamental freedoms and human diversity
• (b) The development by persons with disabilities
  of their personality, talents and creativity, as
  well as their mental and physical abilities, to
  their fullest potential
• (c) Enabling persons with disabilities to
  participate effectively in a free society.

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Statistics of EADSNE 2008

• Total pupils in primary school 54.891.009
• Total pupils with disabilities 2.273.041
  (4,14)
• Pupils with disabilities 889.482 (1,6)
• in ordinary setting 39,1
• Pupils with disabilities 1.383.559
  (2,54)
• in segregated setting 60,9

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Condition of PwD in European Union

• 60 of children with
• disabilities are
• segregated in special
• classes or schools
• (2008, EURIDYCE)

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Article 44 - Regional integration organizations

• 1. Regional integration organization shall
  mean an organization constituted by sovereign
  States of a given region, to which its member
  States have transferred competence in respect of
  matters governed by this Convention. Such
  organizations shall declare, in their instruments
  of formal confirmation or accession, the extent
  of their competence with respect to matters
  governed by this Convention. Subsequently, they
  shall inform the depositary of any substantial
  modification in the extent of their competence.
• 2. References to States Parties in the present
  Convention shall apply to such organizations
  within the limits of their competence.
• 3. For the purposes of article 45, paragraph 1,
  and article 47, paragraphs 2 and 3, any
  instrument deposited by a regional integration
  organization shall not be counted.
• 4. Regional integration organizations, in matters
  within their competence, may exercise their right
  to vote in the Conference of States Parties, with
  a number of votes equal to the number of their
  member States that are Parties to this
  Convention. Such an organization shall not
  exercise its right to vote if any of its member
  States exercises its right, and vice versa.

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EU fonctioning

• EU Parliament
• EU Commission
• Council of Ministries
• EU institutions

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National competence

• European Union competence, delegate by state
  members in a EU Treaty

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EU instruments

• Directives and regulations (30 of national
  legislation)
• Programs
• Policies
• EU unit on disability in the DG justice (from DG
  social)

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European disability forum 27 national
council 40 European organizationsLobbying
activity toward European institutions European
Parliament National govermants
30
EDF initiative

• Periodical Meeting with head of EU institutions
  to evaluate implementation of CRPD
• Intergroup on disability in EU Parliament
• Participation to HLG and other EU bodies
• Meeting with DG of EC
• Seminar on disability during each presidency

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EU Comptetences - exclusive

• a)the compatibility of State aid with the
  internal market
• (b) the common custom tariff
• (c) its own public administration
• (d) any other matter to the extent that
  provisions of the Convention or legal instruments
  adopted in implementation thereof affect or alter
  common rules previously established by the Union

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EU Comptetences - shared competence and on
matters where the Union coordinates, supports
and/or supplements the actions of the Member
States

• action to combat discrimination on the ground
  of disability
• - free movement of goods, persons, services and
  capital
• agriculture
• transport by rail, road, sea and air transport
• taxation
• internal market
• equal pay for male and female workers
• trans-European network policy
• statistics

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Union legal acts or policy measures, where there
is close and substantial connection with the
implementation of the CRPD

• employment
• development of quality of education and
  implementation of a vocational training policy
• economic and social cohesion
• development cooperation
• cooperation with industrialised countries

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European Union initiative

• Ratification produce
• European disability startegy (2010-2020)
• Directive of access to market on equal basys
• System of monitoring
• Forum of discussion

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European strategy on disability (2010-2020)

• Accessibility
• Participation
• Equality
• Employment
• Education and vocational training
• Social protection
• Health
• External relationship

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European strategy on disability (2010-2020)

• Accessibility
• Ensure accessibility to goods, services including
  public services and assistive devices for people
  with disabilities.
• Regulations for passenger with disabilities in
  Air, bus, train, boat and ITC and television
• Public procurements
• Directive on equal access of market provisions
  (services and goods)

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European strategy on disability (2010-2020)

• Participation
• Achieve full participation of people with
  disabilities in society by
• enabling them to enjoy all the benefits of EU
  citizenship
• Freedom of movement campaign
• Parking card
• - removing administrative and attitudinal
  barriers to full and equal participation
• providing quality community-based services,
  including access to personal assistance
• Community living programme

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European strategy on disability (2010-2020)

• Equality
• Eradicate discrimination on grounds of disability
  in the EU
• Directive on employment, Ombdusperson, EU Agency
  on HR
• Employment
• Enable many more people with disabilities to earn
  their living on the open labour market
• Specific provisions

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European strategy on disability (2010-2020)

• Education and vocational training
• Promote inclusive education and lifelong learning
  for pupils and students with disabilities
• EU Agency on development for SEN, programs
• Social protection
• Promote decent living conditions for people with
  disabilities

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European strategy on disability (2010-2020)

• Health
• Foster equal access to health services and
  related facilities for people with disabilities
• External relationship
• Promote the rights of people with disabilities
  within the EU external action
• Lobbying activities to EC
• Italian network on disability and development

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European strategy on disability (2010-2020)

• Implementation of the Strategy
• Awareness-raising
• Raise societys awareness of disability issues
  and foster greater knowledge among people with
  disabilities of their rights and how to exercise
  them

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European strategy on disability (2010-2020)

• Implementation of the Strategy
• Financial support
• Optimise use of EU funding instruments for
  accessibility and non-discrimination and increase
  visibility of disability-relevant funding
  possibilities in post-2013 programmes (structural
  funds)

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European strategy on disability (2010-2020)

• Implementation of the Strategy
• Statistics and data collection and monitoring
• Supplement the collection of periodic
  disability-related statistics with a view to
  monitoring the situation of persons with
  disabilities.
• Statistical indicators

44
European work forum

• Annual meeting to evaluate in the state members
  and in EU the Progress on implementation of CRPD
• Participation of experts, DPOs, NIHR, EU unit on
  disability

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Other issues

• Reasearch on disability
• Participation to ANED work
• EU programs on research
• Support National council in accession countries
• (Balkan area, ex-Russia countries)
• Bioethics
• Document on persons with disabilities in S. Marino

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National level
47
CONVENTION ON THE RIGHTS OF PERSONS WITH
DISABILITIES ARTICLE 3 - GENERAL PRINCIPLES

• The principles of the present Convention shall
  be
• (a) Respect for inherent dignity, individual
  autonomy including the freedom to make ones own
  choices, and independence of persons
• (b) Non-discrimination
• (c) Full and effective participation and
  inclusion in society
• (d) Respect for difference and acceptance of
  disability as part of human diversity and
  humanity
• (e) Equality of opportunity
• (f) Accessibility
• (g) Equality between men and women
• (h) Respect for the evolving capacities of
  children with disabilities and respect for the
  right of children with disabilities to preserve
  their identities.

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UN Convention on the rights of PwDArticle 5
Equality and non discrimination

• 1. States Parties recognize that all persons are
  equal before and under the law and are entitled
  without any discrimination to the equal
  protection and equal benefit of the law.
• 2. States Parties shall prohibit all
  discrimination on the basis of disability and
  guarantee to persons with disabilities equal and
  effective legal protection against discrimination
  on all grounds.
• 3. In order to promote equality and eliminate
  discrimination, States Parties shall take all
  appropriate steps to ensure that reasonable
  accommodation is provided.
• 4. Specific measures which are necessary to
  accelerate or achieve de facto equality of
  persons with disabilities shall not be considered
  discrimination under the terms of the present
  Convention.

DPI-Europe
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Examples of discrimination in Europe

• Ordinary PCD
• Unemployment 11,0 70,0
• Railway Access 100 lt5
• Access to information 100 lt3

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Discrimination on the basis of disability

• Discrimination on the basis of disability means
  any distinction, exclusion or restriction on the
  basis of disability which has the purpose or
  effect of impairing or nullifying the
  recognition, enjoyment or exercise, on an equal
  basis with others, of all human rights and
  fundamental freedoms in the political, economic,
  social, cultural, civil or any other field. It
  includes all forms of discrimination, including
  denial of reasonable accommodation

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Multidiscrimination for women with disabilities
52
National antidiscrimination legislation

• Transposition of EU directives 78/2000
• Specific antidiscrimination law in Chech rep,
  Finland, Germany, Ireland, Italy, Serbia, Sweden,
  UK,
• National independent Human right institutions

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The condition of persons with disabilities is a
Human Rights matter
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Discrimination is the different treatment
without justification
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Equal opportunities(UN Standard rules - 1993)

• 24. To realize "equal opportunities" means to
  make possible the process through which the
  different societies and different environments,
  as well as the services, activities, information
  and documentation, are rendered accessible to
  all, especially to persons with disability.
• 25. The principle of equality of rights
  implicates that the needs of each person and of
  all individuals are of equal importance, that
  these needs must become the foundation for the
  planning of society and that all the resources
  are committed in such a way to assure that each
  individual has the same opportunity to take part.

DPI-Europe
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Equal opportunities(UN Standard rules - 1993)

• 26. Persons with disability are members of
  society and have the right to stay within their
  community. They should receive the support they
  need within ordinary structures for education,
  health, the commitment and welfare services.
• 27. When persons with disability acquire equal
  rights, they should have equal duties. When
  these rights have been acquired, society should
  increase their expectations towards persons with
  disability. As part of the process for equal
  opportunities, we should see to it that, persons
  with disability take on their full responsibility
  as members of society.

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Disability in not only a competence field for
professionals, but mainly a political and
cultural problem
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The Condition of PwD

• The disability condition is both cause and effect
  of poverty

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Poverty and PwD

• Poverty for economic and social condition lack
  of economic resources , degradated conditions
  (health, food, igienic, social, etc.)
• POVERTY OF RESOURCES

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Poverty and PwD

• Poverty for social impoverishment obstacles and
  barriers for access to rights, unequal and
  discriminated treatment, more cost to enjoy goods
  and services, etc.
• POVERTY OF RIGHTS

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Research of Leonard Cheshire in United Kingdom
A family in which live a person with disabilities
have the double probability to become poor
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Poverty and PwD

• Economic poverty and social condition
• Poverty for social impoverishment
• POVERTY OF SOCIAL RECOGNITION
• Social Exclusion

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EU encourage inclusion of PWD in the National
policies related to poverty, social cohesion,
employment and access to market

• The planning activitiy sharing with 27 country
  members is the Plan of reform

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Paradigmas Change

• From Medical Model of Disability ?

• To Social Model of Disability based on Human
  rights respect

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Medical Model Social Model on HR

• PWD are citizen with different abilities
• PWD live discrimination lack of equal
  opportunity
• Treatment is social inclusion
• All society is competent

• PWD are ill, invalid
• Treatment is recovery and protection
• The PWD need to be segregated
• Prevalent competences for PwD are medical

66
Definition of disability into UN Convention

• disability results from the interaction between
  persons with impairments and attitudinal and
  environmental barriers that hinders their full
  and effective participation in society on an
  equal basis with others (preamble e)

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Convention on the rights of persons with
Disabilities UN 2006
Human Diversity
68
Convention on the rights of persons with
Disabilities

• The condition of persons with specific
  characteristics depend from social and individual
  factors
• Disability isnt an health condition
• Prevent disability in medical and social policies
• Disability is an ordinary condition of all human
  being

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Prevent disability isnt a cost but economical
and social convenience
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Strategical actions

• Legal protection
• New Treatment
• Collecting Data
• Appropriate Policies
• Inclusive development
• CBR-CBID
• Monitoring

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Convention on the Rights ofPersons with
DisabilitiesArticle 4 General Obligations
2. With regard to economic, social and cultural
rights, each State Party undertakes to take
measures to the maximum of its available
resources and, where needed, within the framework
of international cooperation, with a view to
achieving progressively the full realization of
these rights, without prejudice to those
obligations contained in the present Convention
that are immediately applicable according to
international law.
DPI-Europe
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Actions for Legal protection

• Training on Human Rights legal protection PwD,
  DPOs and lawyers
• Create legal protection centers
• Building alliance with HR Commission and other HR
  independent bodies

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Sentences in various contries based on CRPD

• Italy on inclusive education
• UK on employment

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Empowerment

• Enforce the capacity and skills
• Give power in society
• Support the participation of PwD into society and
  their communities, support involvement of DPOs in
  the process of ratification, implementation and
  monitoring of CRPD
• Training Pwd on Human Rights

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Empowerment

• Individual
• Social
• Political

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Empowerment
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UN Convention on the rights of PwDArticle 26
Habilitation and rehabilitation

• 1. States Parties shall take effective and
  appropriate measures, including through peer
  support, to enable persons with disabilities to
  attain and maintain maximum independence, full
  physical, mental, social and vocational ability,
  and full inclusion and participation in all
  aspects of life. To that end, States Parties
  shall organize, strengthen and extend
  comprehensive habilitation and rehabilitation
  services and programmes, particularly in the
  areas of health, employment, education and social
  services, in such a way that these services and
  programmes
• (a) Begin at the earliest possible stage, and
  are based on the multidisciplinary assessment of
  individual needs and strengths
• (b) Support participation and inclusion in the
  community and all aspects of society, are
  voluntary, and are available to persons with
  disabilities as close as possible to their own
  communities, including in rural areas.

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Re-habilitate

• Habilitate

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Read with closed eyesMove without
walkingCommunicate without speakingLiving
with open heart
80
Re-habilitate society

• Habilitate all professionals politicians

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Addis Abeba (Etiopia) Donna sorda vasaia
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UN Convention on the rights of PwDArticle 31 -
Statistics and data collection

• 1. States Parties undertake to collect
  appropriate information, including statistical
  and research data, to enable them to formulate
  and implement policies to give effect to the
  present Convention. The process of collecting and
  maintaining this information shall
• (a) Comply with legally established safeguards,
  including legislation on data protection, to
  ensure confidentiality and respect for the
  privacy of persons with disabilities
• (b) Comply with internationally accepted norms to
  protect human rights and fundamental freedoms and
  ethical principles of statistics.
• 2. The information collected in accordance with
  this article shall be disaggregated as
  appropriate and used to help assess the
  implementation of States Parties obligations
  under the present Convention, and to identify and
  address the barriers faced by persons with
  disabilities in exercising their rights.
• 3. States Parties shall assume the responsibility
  for the dissemination of these statistics and
  ensure their accessibility to people with
  disabilities and others.

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Data and persons with disabilities

• From Statistics data based on medical model of
  disability to ?
• Statistics data based on social model of
  disability
• From Statistics data focused on institutions to?
• Statistics data centered on respect of human
  rights

91
Data and persons with disabilities

• Collecting data on real condition of persons with
  disabilities
• Check the condition of discrimination,lack of
  equal opportunities and participation
• Mainstreaming disability in statistics
• Evaluate social inclusion policies

92
Emancipatory research in Mandhya district (India)

• EU statistical indicators to check the progress
  in implementation of CRPD

93
Data and persons with disabilities

• No data No policies
• Poor data Poor policies
• Appropriate data New policies

94
Reformulate the concept of justice for PwD

• The model of disability based on respect of human
  rights for persons with disabilities as neuw
  paradigma of justice, ethic and praxis of society
  and individuals

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Reformulate the concept of justice for PwD

• No a Justice based on
• Metaphisic
• Charity
• Reimboursement
• Protection

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Reformulate the concept of justice for PwD

• Yes to a new concept
• Of Justice based on
• Inclusion
• Empowerment
• respect of Human Rights
• Put in value the Human Diversity

97
From a welfare basedon social protectionto a
development based onsocial inclusion
98
Mainstreaming policies

• Use of the economical and human resources for all

99
Inclusive development

• Include the social as element of development
• Building a development that respect Human Rights
  of all
• Link the development to inclusion (development
  without exclusion)

100
Globalization of the Rights

• vs
• Globalization of the market

101
Social Inclusion
Inclusive development
102
Community-based Rehabilitation ?

• Community-based inclusive development

103
Community based Rehabilitation - CBR

• CBR is a strategy of local community development,
  based on respect of Human rights of all members,
  organizing habilitation and rehabilitation
  services to garantee equal opportunity and social
  inclusion of PwD
• CBR is building by an inclusive development
  strategy, with direct participation of PwD, their
  families and all member of communities, removing
  barriers and obstacles and deleting
  discrimination in all society and creating
  adequate services and programmes particular in
  the area of health, education, employment and
  social services.

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UN Convention on the rights of PwD Article 33
National implementation and monitoring

• 1. States Parties, in accordance with their
  system of organization, shall designate one or
  more focal points within government for matters
  relating to the implementation of the present
  Convention, and shall give due consideration to
  the establishment or designation of a
  coordination mechanism within government to
  facilitate related action in different sectors
  and at different levels.
• 2. States Parties shall, in accordance with their
  legal and administrative systems, maintain,
  strengthen, designate or establish within the
  State Party, a framework, including one or more
  independent mechanisms, as appropriate, to
  promote, protect and monitor implementation of
  the present Convention. When designating or
  establishing such a mechanism, States Parties
  shall take into account the principles relating
  to the status and functioning of national
  institutions for protection and promotion of
  human rights.
• 3. Civil society, in particular persons with
  disabilities and their representative
  organizations, shall be involved and participate
  fully in the monitoring process.

105
EU system of monitoring

• Reports of the Union and its Member States will
  cover their respective competences
• Agreements and conflicts
• Space of political action from Dpos, in the
  reccommendation of the UN Committee on the right
  of persons with disabilities
• Presence of leaders of the disability movement in
  the UN committee in Spain CERMI recognize
  independent body

106
EU Member states that present report to UN

• Croatia, Hungary, Italy, Slovakia, Spain,
• Shadow report in Italy, Slovakia, Spain, ..

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Monitoring respect of Human rights of PwD

• National and local Action plan on disability

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Disability is an envolving concept
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Insertion, Integration, Inclusion

• Inclusion is a complex and systemic process to
  transform rules, aptitudes, behavior
• Inclusion needs instruments of participation and
  support of training and inclusive rules

111
Social Inclusion

• Inclusion is a right based on full participation
  of PwD in all fields of life on equal base by the
  others, without discriminations, respecting
  dignity and valorising human diversity, throught
  appropriate interventions, removing barriers and
  prejudices and support based on mainstreaming to
  live in local communities

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• Inclusion is effective only
• with direct participation of
• excluded and discriminated Persons

113
Nothing about us without us

• We are really experts
• on our own life
• Hamburg declaration
• enable people and communities to take control of
  their destiny and society

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UN Convention on the rights of PwDArticle 4
General Obligations

• 3. In the development and implementation of
  legislation and policies to implement the present
  Convention, and in other decision-making
  processes concerning issues relating to persons
  with disabilities, States Parties shall closely
  consult with and actively involve persons with
  disabilities, including children with
  disabilities, through their representative
  organizations.

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Put in Value human diversity
118
Old Greece

• Kalòs man health and beautiful
• Kai is also
• Agathòs good and appropiate

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The participative and inclusive societies

• Right to be different
• Difference to be right

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