Post on 19-Mar-2016
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Seizing Opportunities Aiko Akiyama
Social Afffairs OfficeSocial Development Division
ESCAPSeminar for Establishment of Personal Assistance
SERVICE Systems in Asia and the Pacific18 June 2010
Purpose of the presentation
Review the international and regional documents on disability in the light of independent living of persons with disabilities.
Discuss how the participants can use these documents to enhance independent living of persons with disabilities and to establish PA system in Asian and the Pacific.
Before introducing the main topic…..
Introducing ESCAP.
Parliament of Asia and the Pacific: the only intergovernmental forum for all countries and territories of the Asian and Pacific region, dealing with Economic and Social Development Issues.
53 members and 9 associate members, representing approximately 62 percent of world’s population (4,1 billion).
Inclusive and sustainable development
What is ESCAP? Economic and Social Commission for Asia and the Pacific
ESCAP Disability Programme Most successful
projects in ESCAP Regional engine for
advocating, researching and conduct capacity-buidling on the rights of persons with disabilities.
Biwako, MDGs and CRPD
20132003
2nd APDDP
1ST APDDP
19931983 2023
IDDP
Unique regional decade on disability
Biwako, MDGs and CRPD
20122007
CRPD
Biwako
Biwako Plus Five
20032000 20152008
Biwako and CRPD
2nd APDDP
Nature of the three instrumentsConvention BMF
B+5Legality binding Non-binding
Focus GlobalDisability-specificHuman rights treaty
ESCAP regionDisability-specific policy and action document
Time Eternal once effective Bound to 2012
Biwako, MDGs and CRPD
20122007
Biwako
Biwako Plus Five
20032000
Biwako and Biwako Plus Five
Guiding policy action document formulated by all the stakeholders (DPOs) endorsed by Member states of ESCAP
Focus of the Biwako Millennium Framework and the Biwako Plus Five-social model approach to disability
Persons with disabilities,
family organizations
Training and employment,
including self-employment
Women withdisabilities
Early detection, early intervention
and education
Access to built environments and public transport
Poverty alleviation through capacity-building, social security and sustainable livelihood programmes
BMF, B+5, 7 priority areas
Access to information and communications, including information,communications and assistive technologies
Reinforcing a rights-based approach to disability issues
7 Priority areas
Strengthening comprehensive community-based approaches to disability issues
Promoting an enabling environment and strengthening effective mechanisms for policy formulation and implementation Improving the availability and quality of data and other information on disabilities
Promoting disability-inclusive development
BMF, B+5 strategies
Subregional, inter-regional collaboration
Collaboration within the UN system, with the private sector, media, local government
Biwako/Biwako Plus Five -Relevance to independent living
Target 1: Governments, funding agencies, NGOs by 2004, establishes policies with the requisite resources to support organizations of persons with disabilities.
Action 2 under the priority area on poverty alleviation: government should allocate adequate rural development and poverty alleviation funds towards services for the benefit of persons with disabilities.
Biwako/Biwako Plus Five -Relevance to independent living Action 22 of the biwako plus five under the poverty
alleviation: Governments should review existing social security policies and practices and modify them-----the provision of basic assistive devices that meet the needs of persons with disabilities as well as any personal assistance needed should be promoted.
Strategy 10: Governments should promote community-based approach immediately. Community-based rehabilitation (CBR) should be modeled on the independent living concept, which includes peer counseling.
Biwako, MDGs and CRPD
CRPD
2008
Convention on the Rights of Persons with Disabilities (CRPD)
CRPD -overview
A minimum standard which does not undermine other A minimum standard which does not undermine other international or national provisions which are more international or national provisions which are more conducive to the realization of the rights of persons with conducive to the realization of the rights of persons with disabilities (art 4(4))disabilities (art 4(4))
CRPD
National actions
Reference: Andrew Byrnes (2007; 2008)
Introductory: Preamble and arts 1-8, 11 Civil and political rights: arts 10, 12-23, 29 Economic, social and cultural rights: arts 24-28, 30 Other – statistics, international cooperation, and national
implementation and monitoring: arts 31-33 International monitoring – Committee on the Rights of
Persons with Disabilities, etc: arts 34-40 Miscellaneous and procedural: arts 41-50
CRPD -structure
Individual communications procedure: arts 1-5
Inquiry procedure: arts 6-7
Miscellaneous and procedural – arts 9-18
CRPD Optional Protocol-structure
Social model of disability and a rights-based response to disability discrimination are central to the Convention:Preamble (para (e)) recognizes that “disability is an evolving concept and that 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”
Article 1 provides: “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.”
CRPD-highlights 1)
Accessibility (art 9) -- wide-ranging right to ensure equal access to “to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas.”
Right of living independently and to be included in the community (art 19)
Right to personal mobility (art 20)
CRPD –highlights-”innovative” rights 2)
“Communication” is broadly defined in article 2 to include:
“languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology”.
Obligation on State to provide information to persons with disabilities in accessible formats, to accept and facilitate the use of sign languages etc in official interactions, and to urge private entities to provide information and services in accessible and usable formats
Obligation on States parties to take appropriate measures to recognize and promote the use of sign languages
CRPD –highlights 3)
International cooperation (art 32) First UN human rights treaty to contain a detailed provision on international
cooperation States recognize the importance of international cooperation – bilateral and
multilateral – and appropriate measures could include: Ensuring that international development programmes are inclusive of and
accessible to persons with disabilities; Facilitating and supporting capacity-building Facilitating cooperation in research and access to scientific and technical
knowledge; Providing, as appropriate, technical and economic assistance
Applies to South-South cooperation, as well as to North-South and South-North cooperation
A State may not justify a failure to carry out its obligations under the Convention by claiming that the resulting international cooperation has not been forthcoming
CRPD –highlights 4)
CRPD –highlights 5)
National implementation and monitoring (art 33)Three elements: Designation of focal points within government in relation to implementation and
consideration of establishment of a coordination mechanism
Identification or establishment of a framework, including one or more national institutions established with regard to the Paris Principles, to promote, protect and monitor implementation of the Convention
Participation of civil society, in particular persons with disabilities and their representative organizations in monitoring the implementation of the Convention
Work and employment
Women withdisabilities
EducationHealth
AccessibilityPersonal Mobility
Living independently and being included in
communityAccess to cultural life, recreation, leisure and
sportFreedom of
expression and opinion, access to
informationAdequate standard of living and social
protection
Convention substantive articles
Children with
disabilitiesProtecting the integr
ity of a person
Participation in public and political life
Respect for home and family
Right to Life
Situation of risk and humanitarian emerge
nciesAccess to justice
Equal recognition before the law Freedom from torture
or cruel, inhuman degrading treatment
Freedom from exploitation, violence
and abuse
Respect for privacy
Children with
disabilities
Women withdisabilities
Convention substantive articles
Awareness raising
International Cooperation
Statistics and data collection
Convention
Substantive articles
Women withdisabilities
Children with
disabilities
Preamble n) and article 3 on principle a) : autonomy, freedom to make one’s own choices, and independence of persons.
CRPD-Relevance to independent living
Article 19 on living independently and being included in the community a): persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on equal basis with others and are not obliged to live in a particular living arrangement.
b): 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.
.
CRPD-Relevance to independent living
Article 15 on the freedom from torture or cruel, inhuman or degrading treatment or punishment
Article 17 on the integrity of the person. Article 22 on the respect for privacy.
CRPD-Relevance to independent living
By : Pushing the harmonization of the CRPD with the
domestic legislation. Mainstreaming disability into the development agenda
such as MDGs. Showcasing the model practices in developing
countries.
How do we promote the independent living, personal assistance?
Majority of the countries do not have laws, policies and regulations to support independent living, provision of personal assistance.
Concept of personal assistance is relatively new in the region as a whole.
Personal assistance schemes might be implemented on using other existing budget lines.
Reality?
Biwako strategy on subregional, regional collaboration, establishment of center of excellence.
CRPD article 32 on international cooperation; best practice promotion, research.
Biwako and the CRPD promote good practice promotion and international/regional cooperation
Let’s act right now!Conclusion: legal advocacy, awareness raising, best practice promotion, seizing opportunities now.
legal advocacy, awareness raising, best practice promotion……….