Joint Committee on Disability Matters Committee publishes report calling for strengthening of rights for people with disabilities

The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is a landmark Convention that calls for the transformation of the policy response from the medical to the social or human rights model of disability, where people with disabilities are no longer viewed and treated as medical objects to be institutionalised, but as individuals capable of living independently, being included in communities, and contributing to society as citizens like everyone else.

Following a call for public submissions in 2020, the Committee engaged with people who have lived experience of disability and a wide range of other stakeholders with a view to inform itself on approaches to realise independent living for people with disabilities.

Cathaoirleach of the Committee Deputy Michael Moynihan said: “The State’s consistent delays in ratifying and reporting on the UNCRPD, as well as the current delay with ratification of the Optional Protocol to the Convention, cause the Committee concern because the delay ensures that people with disabilities are excluded from the benefits of the oversight monitoring by the UN Committee.”

“Over the decades the policy response to supporting people with disabilities in Ireland has reflected the medical model of disability, where individuals were segregated in congregated settings which were inappropriate for them, and which led to a lower quality of life and isolation. This response prevails today as people with disabilities continue to be placed inappropriately in congregated settings.”

“To ensure independent living and inclusion in communities, we must meaningfully consult with people with disabilities and their representative organisations, regarding decisions that affect their lives. This is crucial in the design of policies, programmes and in the planning process.”

“This transformation also cannot begin without tackling the consistent poverty which is the experience of many people with disabilities in Ireland, considering the cost of disability is not reflected in social protection design or supports, and there are significant barriers to education and employment. This poverty cycle sustains the medical model of disability and the culture of people with disabilities being viewed as not capable of contributing to society.”

The Committee believe there is a need for urgency to realise meaningful choice for people with disabilities, in line with their will and preference, to live independent lives in communities and with the appropriate supports to do so.

To realise this urgency, the Committee has recommended that governance mechanisms for implementation of the UNCRPD must be strengthened, including introducing a right to independent living in Ireland to ensure that people with disabilities can enjoy the same freedoms, autonomy, and opportunity as the rest of society.

Among the Committee’s recommendations for people living with disabilities are:

• The development of a national policy and framework on the recognition and consultation of people with disabilities and their Disabled Persons Organisations (DPOs).

• The immediate ratification of the Optional Protocol to further enable more meaningful involvement of people with disabilities in issues that affect their lives.

• The development of a right to independent living in domestic law to ensure that people with disabilities can live ‘ordinary lives in ordinary places’.

• The introduction of a Public Sector Inclusion Objective which applies a duty on all public bodies to adhere to Article 19.

The Committee has also noted a number of concerns regarding the decongregation process. These include that the medicalisation of disability continues to ensure slow progress in transitioning people with disabilities from congregated settings to communities and the process of placing people in congregated settings has not been eliminated.

There is a need for a parallel cultural shift in services as well as society so that people with disabilities can be viewed as being able to live independently and contribute to society. This cultural shift can be accelerated through transitioning services to a personal budgeting model along with the development of a National Personal Assistance Service, and disability awareness raising strategy in line with the human rights model of disability.

Consistent poverty is the reality of many people with disabilities in Ireland and the cost of disability is not reflected in social protection responses. There is urgent need to develop a rights-based approach to social protection for people with disabilities and update supports accordingly.

Read the report and its recommendations in full on the Committee's webpage.