Government cuts and their consequences are all about us, but are they legitimate and, indeed, legal?
Responding to my local Norfolk County Council's consequent cuts proposals, I thought a juxtaposition of their proposal to raise their Fair Access to Services eligibility criteria from 'substantial' to 'critical' with the United Nations convention on the Rights of Persons with Disabilities might be useful.
I found I there is no comparison of the 'critical' or 'substantial' criteria close enough to work. So I came down to the 'moderate' criteria and the juxtaposition arrived at is reproduced below. The 'Fair Access to Services' moderate criteria are in blue and the relevant UN Convention quotes in grey.
Eligibility Criteria: Moderate
there is, or will be, an inability to carry out several personal care or domestic routines;
UN Convention, Article 19:
States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:
2. Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
Eligibility Criteria: Moderate
involvement in several aspects of work, education or learning cannot or will not be sustained;
Convention – Article 24
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...
Convention – Article 27
b. Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;
Eligibility Criteria: Moderate
Several social support systems and relationships cannot or will not be sustained;
See Article 19 above.
Eligibility Criteria: Moderate
Several family and other social roles and responsibilities cannot or will not be undertaken
Convention – Article 16
1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.
3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.
4. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.
5. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.
Personally I find this interesting for it seems to say the established 'substantial' and 'critical' eligibility criteria breach the UN Convention which the government has signed up to. Am I right?
Responding to my local Norfolk County Council's consequent cuts proposals, I thought a juxtaposition of their proposal to raise their Fair Access to Services eligibility criteria from 'substantial' to 'critical' with the United Nations convention on the Rights of Persons with Disabilities might be useful.
I found I there is no comparison of the 'critical' or 'substantial' criteria close enough to work. So I came down to the 'moderate' criteria and the juxtaposition arrived at is reproduced below. The 'Fair Access to Services' moderate criteria are in blue and the relevant UN Convention quotes in grey.
Eligibility Criteria: Moderate
there is, or will be, an inability to carry out several personal care or domestic routines;
UN Convention, Article 19:
States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:
2. Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
Eligibility Criteria: Moderate
involvement in several aspects of work, education or learning cannot or will not be sustained;
Convention – Article 24
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...
Convention – Article 27
b. Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;
Eligibility Criteria: Moderate
Several social support systems and relationships cannot or will not be sustained;
See Article 19 above.
Eligibility Criteria: Moderate
Several family and other social roles and responsibilities cannot or will not be undertaken
Convention – Article 16
1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.
3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.
4. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.
5. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.
Personally I find this interesting for it seems to say the established 'substantial' and 'critical' eligibility criteria breach the UN Convention which the government has signed up to. Am I right?
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