The UN Convention and the National Disability Strategy
The UN Convention and the National Disability Strategy Eithne Fitzgerald Head of Policy and Public Affairs
The NDA The National Disability Authority is the leading State agency on disability, providing independent expert advice to Government on policy and practice
Outline • Key areas where UN Convention and National Disability Strategy intersect • Walk through those elements of National Disability Strategy • UN Convention – comprehensive application of civil, political, economic, social and cultural rights to people with disabilities • National Disability Strategy – cross-sectoral strategic focus on key challenges for future
National Disability Strategy • Key elements: – – – Disability Act Education of Persons with Special Needs Act 6 Sectoral Plans Multi-annual funding for high support needs etc Citizen Information Act re personal advocacy Equality Acts a foundation • Overseen by Stakeholder Group – Senior Officials + NDA + 6 disability umbrella bodies, reporting in to Cabinet Committee on Social Inclusion
Sectoral Plans on disability Disability Act Part 3 • 6 Depts • Communications Marine Natural Resources • Enterprise Trade and Employment • Environment and Local Govt. • Health • Social and Family Affairs • Transport • Adopted by Oireachtas October 2006
Definition of disability • UN Convention – Art. 1 • Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others • Disability Act 2005 • A substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment
Consultation • UN Convention – Art. 4 • Nat. Disability Strategy • States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations • Disability Legislative Consultation Group • Consultation re outline Sectoral Plans • Stakeholder Group to monitor
Accessibility • UN Convention – Art. 9 • Nat. Disability Strategy • Accessible premises, information • Public service obligations for accessible services, premises, information, public procurement • Access to private sector public venues • Accessibility programme by local authorities under Environment Sectoral Plan
Accessible public services Part 3 Disability Act Public bodies must • Ensure people with disabilities can use mainstream public services • Provide information in ways that suit the needs of people with disabilities (e. g. large print, Easy to Read) • Buy in accessible goods and services • By 2015, have accessible premises • All “where practicable and appropriate” • NDA Code of Practice on services, information, procurement
Sectoral Plan Environment • Systematic audit of all local authority premises, including streets/footpaths, parks etc over 6 months • Ten year action plan to deliver accessibility • Develop new housing/disability strategy • Disability Access Certificates • Review of Part M and site guidelines
Transport and mobility • UN Convention – Art. 20 • Nat. Disability Strategy • Access to personal mobility • Accessible public transport plan • Mobility aids • Independent assessment of needs/ Service statement
Sectoral Plan Transport • Main focus is accessible public transport – Trains accessible by 2009 – Dublin Bus and other city routes fully accessible by 2012 – Coach fleet fully accessible by 2015 • Improvements to air, marine transport • User groups involving people with disabilities • Improvements for taxis • Review of disabled parking
Universal Design • UN Convention Art. 4 • to promote universal design in the development of standards and guidelines • Disability Act 2005 • Centre of Excellence in Universal Design – Develop and promote standards – Education of design professions – Work with professional bodies
Access to information • UN Convention – Art. 21 • Nat. Disability Strategy • information intended for the general public to persons with disabilities in accessible formats • Public service obligations for accessible information under Disability Act • Mass media to impart in accessible ways • Subtitling timetable for TV programmes
Sectoral Plan Communications • Subtitling of programmes 2008 2015 – RTE 1 75% 100% – RTE 2 42% 90% – TG 4 36% 80% – TV 3 26% 60%
Education • UN Convention – Art. 24 • Nat. Disability Strategy • an inclusive education system at all levels • EPSEN Act provides for independent assessments, Individual Education Plans • Supports to facilitate the effective education of children with disabilities • Mainstream schooling is supported • Schools may be directed to accept a child
Education needs EPSEN Act – children of school age • Independent assessment • Individual Education Plan for the child • Integrated education supported • Schools may be directed to take a child • Resources via National Council for Special Education • Education and disability services to be linked whether application is via school or via HSE
Health • UN Convention – Art. 25 • Nat. Disability Strategy • Provide persons with disabilities with the same range, quality and standard of free or affordable health care • Programme for accessible mainstream health facilities • Care of same quality to pwd • early identification and intervention • Independent Needs Assessment to begin with under-5 s
Disability service needs Disability Act Part 2 • Independent assessment of need • HSE Service Statement • Legal entitlement to what’s in Service Statement • Covers HSE services + education • Aggregate shortfall in needs is published • Personal Advocates for vulnerable people to help them apply for services
Funding • Multi-annual funding – Budget 2005 € 950 m over 5 years – NDP 2007 -13 € 19. 25 bn over 7 years • Main focus on HSE disability services – € 18. 8 bn • Education € 260 m • Environment € 164 m
Employment • UN Convention – Art. 27 • Nat. Disability Strategy • the right of persons with disabilities to work, on an equal basis with others • Employment Equality Acts • Employ people with disabilities in the public service • Employment Strategy for people with disabilities • 3% employment target in public service now the law
Sectoral Plan Employment • 7, 000 more disabled people to be in jobs by 2009 • Development of comprehensive employment strategy for people with disabilities • Improvements to FÁS services • More active support to get people into work, via Local Employment Service • Link in with other departments – Health, Social Welfare
Public Service Employment target Part 5 Disability Act • Legal duty on each body to employ staff with disabilities • 3% the default target • Narrow definition of disability to focus positive action • Monitored by Departments • Departments report to NDA • NDA may recommend remedial action
Living standards • UN Convention – Art. 28 • Nat. Disability Strategy • adequate standard of living • Target improvements in payment rates • Access to public housing programmes • New housing strategy for people with disabilities to be developed
Sectoral Plan Social and Family Affairs • Target improvements in payment rates • Study Cost of Disability payment
Culture recreation and sport • UN Convention – Art. 30 • Nat. Disability Strategy • right of persons with disabilities to take part on an equal basis with others in cultural life • Accessibility programme for local authority venues • access to sporting, recreational and tourism venues
Conclusion • Implementation of National Disability Strategy will support some key commitments in UN Convention • NDA Strategic Plan: • to support implementation of National Disability Strategy • to monitor implementation of National Disability Strategy
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