Challenges Faced by Norway in the Implementation of

Challenges Faced by Norway in the Implementation of CRPD Guri Gabrielsen 21 June 2017

PARADIGM SHIFT?

Persons the problem? __

OR

SOCIETY the problem?

IT HAS STRONG IMPACT • Stereotypes and prejudice • Discrimination • Lack of comprehensive policy • Lack of inclusion and involvment

Our FOUR recommendations 1. Examine the overall situation for persons with disabilities (human rights) 2. Develop a strategy to combat prejudice and discrimination 3. Educate on Human Rights 4. Nothing about us without us!

9 TOPICS IN THE OMBUDS REPORT guri

CRPD IN NORWAY 1 LACK OF KNOWLEDGE AND DOCUMENTATION CRPD ART. 31

Problem description • Lack of statistics, documentation and research on the incidence and causes of discrimination of disabled people in Norway

The Ombud’s recommendations 1. The state should account for what kind of knowledge-need it has, with respect to living up to all the provisions of the CRPD. 2. Strategy for systematic collection of information, for which the necessary financial resources must be set aside 3. Research and documentation on the identification and removal of barriers

CRPD IN NORWAY 2 Coercion in mental health care CRPD ART. 14, 15, 25

Problem description • Special legislation allows for extensive coercion in mental health care • High numbers of deprivation of liberty and use of coercion in mental health care • Harmful effects of coercion. • Interpretative declaration to Article 14.

The Ombud’s recommendations 1. Equal and consent-based health services 2. A new non-discriminatory act on the regulation of coercion, which does not specifically target individuals with psychosocial impairments and limits involuntary admission to cases where an individual is an immediate danger to themselves and/or their surroundings

CRPD IN NORWAY 3 Coercion against people with intellectual impairments and people with dementia CRPD ART. 14, 15, 25

Problem description • Extensive use of coercion • Documented harmful effects of coercion • Lack of capacity and competence

The Ombud’s recommendations 1. Increased resources, more staffing and better training of staff. 2. Initiatives to ensure increased awareness and knowledge about coercion issues among managers of nursing homes and homes for persons with intellectual impairments 3. Effective schemes for monitoring and review of decisions to use coercion

CRPD I NORGE 4 Lack of supported decisionmaking that safeguards their selfdetermination CRPD ART. 12

Problem description • Legal capacity REMOVED based on disability • Risk of lack of self-determination in personal matters. • «Guardianship» is still a form of substituted decision-making instead of supported decisio making. • Interpretative declaration to Article 12.

The Ombud’s recommendations 1. Short term: Ensure constant review to encourage active self-determination of the person under guardianship 2. Replacing the Norwegian Guardianship Act with a non-discriminatory act on supported decision-making. 3. Repeal provisions allowing for interventions in self-determination in particularly personal matters

CRPD IN NORWAY 5 Violence and abuse CRPD ART. 16, 6

Problem description • People with disabilities are to a higher degree victims of violence, sexual violence and abuse in different areas of society than the general population in Norway • Girls and women are especially exposed • Too few municipal shelters accessible for persons with disability.

The Ombud’s recommendations 1. Equally accessible shelter service for disabled people 2. Secure effective protection of persons with intellectual impairments by systematic follow up, including the introduction of mandatory training for new staff and employees on how to prevent abuse and act upon suspicions or knowledge of abuse.

CRPD IN NORWAY 6 Bullying, harassment and hate crimes CRPD ART. 16

Problem description hate crime • Lack of documentation of the motive and cause • Research from abroad and messages from civil society • Little attention • Rarely punished

The Ombud’s recommendations 1. A broad mapping (based on methods adapted to the target groups) of the nature, extent and harmful effects of bullying, harassment and hate crimes directed at disabled people. 2. Effective measures to protect children and young people with impairments from harassment and bullying in the education sector. 3. Information about rights 4. Accessible public service that receives reports on bullying, harassment and hate crimes

CRPD IN NORWAY 7 Discrimination in working life CRPD ART. 27

Problem description • • No increase in employment Stereotypes and prejudice Individual-oriented measures Lack of action to remove barriers

The Ombud’s recommendations 1. Awareness 2. Mandatory proactive work 3. Universal design of ICT and physical conditions 4. Research on discrimination 5. The state should use its role as an employer in a way that ensures that its own goals and equality procedures are implemented in practice in recruitment and all other relevant areas of personnel policy.

CRPD IN NORWAY 8 Schools are not accessible to students with mobility impairments CRPD ART. 9

Problem description • Extensive physical barriers • Schools avoid improvements due to disproportionate costs

The Ombud’s recommendations 1. Introduce regulations with deadlines for the universal design of existing buildings under the Norwegian Planning and Building Act, where primary and secondary schools are made the priority 2. Develop an escalation plan for the universal design of school buildings and secure sufficient and regular annual appropriations to ensure that the plans are implemented within the deadlines.

CRPD IN NORWAY 9 Persons with impairments do not have equal access to information, goods and services CRPD ART. 9 OG 5

Problem description • Lack of personal assistance • Unclear how to facilitate when universal design is not enough • Lack of will

The Ombud’s recommendations 1. Legislative changes to ensure the right to information, goods and services for persons with impairments. 2. The state should follow up on legislative work with training material and guidance with examples of best practice. The state must furthermore ensure that all enterprises get this, with a requirement to carry out internal training and to make procedures on the access to information, goods and services known.

CONCLUSION

PARADIGM SHIFT?

Persons the problem? ? __

OR

SOCIETY the problem?

Extensive barriers to HUMAN RIGHTS for persons with disability