note : The EDF Consultation Paper is available from EBU Office
Response from European Blind Union, 26 February 2004
Introduction
This response uses the subject headings in the EDF briefing.
Monitoring mechanisms
Much discussion has been devoted to the monitoring mechanism.
The European Blind Union has these initial comments on the various ideas about monitoring mechanisms.
The creation of a permanent monitoring mechanism should be more than just a "Focal point" : The persons who form the focal point need to be proactive - focal point has a reactive ring to it. This term has been used in paragraphs 1, 6 and 12 of the paper on monitoring which came out of the working group.
The Convention should set out standards, and not legislate by reference to those in other documents ;
Any reference to, "States parties" must mean states which ratify the convention.
Will each state have a committee, or will there be one international committee ? Surely the experts do not themselves set up the committee, as use of the word "form" could imply.
Before appointing an individual to be ombudsperson, the secretary general should consult organisations representing persons with disabilities. What budget will the ombudsperson have for all these activities ?
Does a reference to "the UN systte" include agencies such as UNICEF, which have great relevance to many disabled people ?
As a footnote, it may also be beneficial at this stage to point out the World Blind Union’s approach to this issue. It recommends that a process for implementing and monitoring the Convention be introduced that takes account of the differing levels of rights development in UN Member States. However, it will be essential to ensure that even though some Member States will need longer to fully implement the Convention, every State that is a signatory to the Convention should attain full implementation within an agreed period of time. During this period there must not be any regression in rights or any diminution in services. "Progressivity" should be a key aspect of the implementation of the Convention.
This would lead to a system whereby some states would attain full implementation earlier than those States that begin the process with a less developed level of rights for disabled people.
Discrimination
No additional comments.
Accessibility
In addition to the points in the draft text, it is important to recognise the "design for all" or "universal design" concept with the caveat that there must be consultation to ensure that design meets the specific needs of all disabled people, including those with sensory impairments.
International co-operation
If "international co-operation" is more than just a general statement of principle, it does have the potential of turning developed countries against the Convention, as they may see it as obliging them to pay for the less developed countries to implement the rights contained in the Convention.
The idea that development aid can in some way be conditional on projects addressing the needs of disabled people is a good one which was widely praised at the Madrid NGO meeting in December. EDF was right to push the need to use the UN Convention to put an obligation on donors and recipients of development aid to "disability proof " development co-operation funds.
Education
EBU supports the World Blind Union position on this issue which is clarified in the WBU Manifesto for a UN Convention on the Rights of Disabled People, namely that the type of education must be a choice, as follows, "The right to an education of equal quality that furthers the integral development, independence, and participation of blind and partially sighted people in society. This may be achieved :
either, ideally, by an education alongside non disabled children and young people, with the resources needed to enable blind and partially sighted children’s full participation and development
or, if necessary to meet the individual's particular needs, by special education alongside children and young people with similar disabilities
The majority of the draft text contains most of the measures found in the Manifesto. However in Article 17 (4) the suggestion that teachers should be "fluent in braille" might perhaps be better worded "proficient in braille" as braille is not a language, which is implied by the term "fluent". In view of their increasing importance, familiarity with the methods of accessing information using information and communications technology (ICT) should also be specified.
Forced intervention and institutionalisation
No comments.
Right to life
EDF states that it will be difficult to include any reference to prenatal diagnosis and other forms of prenatal discrimination on the basis of disability. This call was contained in the WBU manifesto which states, "the right to life shall include the prohibition of compulsory abortion at the instance of the State, based on the pre-natal diagnosis of disability." We would suggest this WBU text as an acceptable compromise as it does not get caught up in the wider pro-choice, pro-life controversy.
Prevention
The Convention should not include any reference to prevention, as it is a Convention to protect the rights of persons who have a disability. The WBU/EBU would however support the suggested inclusion of a reference to prevention of secondary disabilities in the article on health and rehabilitation.
Families and associates
The draft Convention includes very few references to families or associates. Given that this issue has been identified by EDF as requiring serious reflection by the EDF membership, EDF may find it useful to refer to the WBU’s Manifesto on this issue.
The WBU Manifesto contains the following references to parents and families. Firstly, in its education section : "The right for blind and partially sighted people and their parents to be given advice based on an assessment of their educational needs and abilities that will enable an informed educational choice to be made." Then, in the section on the right to financial support : "The right to statutory allowances to provide for the financial and material needs of carers, (including parents and family members) and the costs of employing assistants when blind and partially sighted people are living in their own homes." The matter is also mentioned in the section on the right to control our own lives, "The right to choose whether to marry, to form relationships or to raise a family." It has been identified as an important issue in the developing world where often the family is the only source of support. However, it is worth cross-referencing this with the right to take control of our own lives which should include, "The right to choose whether to marry, to form relationships or to raise a family."
Right to employment
Draft Article 22 does not currently include the need for States Parties to ensure the provision of special, supported or sheltered employment as well as the promotion of, and measures to support, the employment of disabled people in the open labour market. This is essential if the right to employment is to mean anything for those many disabled people who are "distant from the labour market".
Definition of disability or persons with disability
The position of the EU was that no definition is needed. This is perhaps merely a negotiating tactic on behalf of the European Union and they feel it best to wait until the end of the process before defining disability.
The WBU Manifesto contains the following definition of disability, which we would suggest as a workable compromise between those who espouse different conceptions of disability : "A physical, psychiatric, intellectual, or sensory impairment, (whether permanent or temporary, provided that it lasts for a significant period of time), that limits the capacity to perform one or more essential activities of daily life, and which can be caused or aggravated by the economic and social environment."
Statistics and data collection
The collection and collation of data on the incidence of disability can be a crucial first step in planning for the provision of, and the allocation of sufficient resources to deliver services.
Consultation with disability organisations
No additional comments.
Legal capacity of disabled people and equal recognition before the law
The complex part of the discussion is how assistance can be provided to those disabled people that require this assistance to take decisions, without this assistance taking away the decision making power from the disabled person.
Some countries said that there are some disabled people with very severe disabilities, for whom a procedure needs to be set in place. Defining severe disability in this context could potentially give some countries the green light to take away the rights of blind and partially sighted and other groups of disabled people with significant disabilities if the threshold of severity is set too high. It will therefore be important to keep a close watch on any attempts to define "severe."
For further information about this draft briefing please contact the President of the European Blind Union :
Colin Low
President, European Blind Union
RNIB
105 Judd Street
London WC1H 9NE (UK)
Tel : +44 20 7391 2388
Email : Colin.Low@rnib.org.uk