Tag: Catalina Devandas-Aguilar

Prime minister dismisses UN inquiry into government’s discriminatory treatment of disabled people

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Labour leader Jeremy Corbyn has asked David Cameron at Prime Minister’s Questions today to publish the details of the Government’s response to the United Nations inquiry into the allegations that Conservative policies are breaching the rights of disabled people in the UK. He also asked if the government intended to co-operate with the inquiry.

Such UN investigations are conducted confidentially by the UN and officials will not confirm or deny whether the UK is currently being put under scrutiny.

However, the ongoing inquiry been widely reported by disability rights groups and campaigners. The Department for Work and Pensions has previously declined to comment on the possibility of an investigation.

Mr Corbyn used his final question to ask about the United Nations inquiry into alleged “grave or systemic violations” of the rights of disabled people in the UK. The PM gave a dismissive response, saying the inquiry may not be “all it’s cracked up to be” and said that disabled people in other countries do not have the rights and support that “they” [disabled people] in the UK are offered. Cameron also implied that Labour’s “strong” equality legislation was a Conservative policy. However, the Equality Act was drafted under the guidance of Harriet Harman.

Jeremy Corbyn asks about David Cameron about his response to the UN inquiry at Prime Minister’s Questions

The United Nations team of investigators are expecting to meet with the Equality and Human Rights Commission, members of parliament, individual campaigners and disabled people’s organisations, representatives from local authorities and academics.

The team will be gathering direct evidence from individuals about the impact of government austerity measures, with a focus on benefit cuts and sanctions; cuts to social care; cuts to legal aid; the closure of the Independent Living Fund (ILF); the adverse impact of the Work Capability Assessment (WCA); the shortage of accessible and affordable housing; the impact of the bedroom tax on disabled people, and also the rise in disability hate crime.

Mr Corbyn said:

“This is deeply embarrassing to all of us in this house and indeed to the country as a whole. It’s very sad news.”

The Government’s approach to people with disabilities had been extremely controversial and been met with criticism from campaign groups. Disabled people have borne the brunt of austerity cuts, losing more income and support than any other social group, and this is despite the fact that Cameron promised in 2010 to protect the poorest, sick and disabled people and the most vulnerable.

In 2013, Dr Simon Duffy at the Centre for Welfare Reform published a briefing outlining how the austerity cuts are targeted. The report says:

The cuts are not fair.

They target the very groups that a decent society would protect:

  • People in poverty (1 in 5 of us) bear 39% of all the cuts
  • Disabled people (1 in 13 of us) bear 29% of all the cuts
  • People with severe disabilities (1 in 50 of us) bear 15% of all the cuts

The report outlines further discrimination in how the austerity cuts have been targeted. The report says:

The unfairness of this policy is seen even more clearly when we look at the difference between the burden of cuts that falls on most citizens and the burdens that fall on minority groups. By 2015 the annual average loss in income or services will be:

  • People who are not in poverty or have no disability will lose £467 per year
  • People who are in poverty will lose £2,195 per year
  • Disabled people will lose £4,410 per year
  • Disabled people needing social care will lose £8,832 per year

Work and Pensions Secretary Iain Duncan Smith said at the  Conservative party conference speech in Manchester that disabled people “should work their way out of poverty.”

The Work and Pensions Secretary has been widely criticised for removing support for disabled people who want to work: by closing Remploy factories, scrapping the Independent Living Fund, cuts to payments for a disability Access To Work scheme and cuts to Employment and Support Allowance.

The reformed Work Capability Assessment has been very controversial, with critics labeling them unfair, arbitrary, and heavily bureaucratic, weighted towards unfairly removing people’s sickness and disability benefit and forcing them to look for work.

The bedroom tax also hits disabled people disproportionately, with around two thirds of those affected by the under-occupancy penalty being disabled.

The United Nations have already deemed that the bedroom tax constitutes a violation of the human right to adequate housing in several ways. If, for example, the extra payments force tenants to cut down on their spending on food or heating their home. There are already a number of legal challenges to the bedroom tax under way in British courts. In principle the judiciary here takes into account the international human rights legislation because the UK has signed and ratified the International Covenant on Economic, Social and Cultural Rights.

The right to adequate housing is recognised in a number of international human rights instruments that the UK has signed up to.

UN rapporteur Raquel Rolnik called for the UK government last year to scrap its controversial bedroom tax policy. Rolnik’s report was dismissed as a “misleading Marxist diatribe” by Tory ministers, and she had been subject to a “blizzard of misinformation” and xenophobic tabloid reports.

The DWP’s sanctions regime has also been widely discredited, and there has been controvery over death statistics, eventually released by the Department after a long-running refusal to release the information under freedom of information law.

The Daily Mail has already preempted the visit from the special rapporteur, Catalina Devandas Aguilar, who is spearheading the ongoing inquiry into many claims that Britain is guilty of grave or systematic violations of the rights of sick and disabled people, by using racist stereotypes, and claiming that the UN are “meddling”. The Mail blatantly attempted to discredit this important UN intervention and the UN rapporteur before the visit.

Meanwhile, Cameron seems very keen to play the investigation down, and dismiss the impact of his government’s “reforms” on the lives of sick and disabled people.

We are a very wealthy, so-called first-world liberal democracy, the fact that such an inquiry has been deemed necessary at all ought to be a source of great shame for this government.

 

An inclusive well done to all who worked to bring about the UN Inquiry into the systematic and grave violations of disabled people’s human rights

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I reported last August that the United Nations is to carry out an unprecedented inquiry into “systematic and grave violations” of disabled people’s human rights by the UK government. The UK is the first developed country to face such an inquiry, a fact which should be a source of shame for the Conservatives.

Many campaigners have been concerned for a long time by the disproportionate impact of the Tory-led cuts on disabled people. Many of those campaigners have themselves been adversely affected by the Tory’s draconian welfare cuts, myself included.

My own experiences of the Government’s Work Capability Assessment process led to a deterioration in my health in 2011. (I have lupus, a chronic and life-threatening autoimmune illness). I was wrongly assessed as fit for work, after being forced to give up my job as a mental health social worker because I was deemed too ill to work by my doctor, and my benefit was withdrawn – my only source of income. I appealed and after waiting nine months for the tribunal, I won.

Since then I have worked to support others going through this often harrowing and extremely punitive process. I co-run a group on Facebook called ESA/DLA, which offers support and free legal advice to sick and disabled people facing adverse circumstances because of the draconian Tory policies. The other administrators are Tracey Flynn, who is a qualified human rights specialist, Robert Livingstone, a friend and fellow campaigner, and Sonia Wilson, who originally set the group up. We are all ill and affected by disabilty. We welcome the United Nations inquiry, and both Tracey and I have made our own detailed submissions to the UN.

I reported in 2013 that the Joint Parliamentary Committee on Human Rights conducted an inquiry into the UK Government’s implementation of Article 19 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) – the right to live independently and to be included in the community. The inquiry which began in 2011 has received evidence from over 300 witnesses.

As I reported last month, the UN inquiry has taken place under the Convention’s Optional Protocol on the Rights of Persons with Disabilities, which is a side-agreement to the Convention on the Rights of Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time as its parent Convention on 3 May 2008. As of July 2015, it has 92 signatories and 87 state parties.

The Optional Protocol establishes an individual complaints mechanism for the Convention similar to that of other Conventions. But this Protocol also accepts individual economic, social and cultural rights. Parties agree to recognise the competence of the Committee on the Rights of Persons with Disabilities to consider complaints from individuals or groups who claim their rights under the Convention have been violated. The Committee can request information from and make recommendations to a party.

In addition, parties may permit the Committee to investigate, report on and make recommendations on “grave or systematic violations” of the Convention. The mechanism has allowed many disabled campaigners to submit reports and evidence to the United Nations, including myself.

The inquiry has arisen because of the hard work of many campaigners, since 2012. As well as collective contributions from prominent disability rights groups such as Disabled People Against the Cuts (DPAC), many other groups and independent campaigners have also worked very hard to make this inquiry happen, and have submitted evidence to the UN. That needs to be acknowledged, we need to be inclusive and celebrate the achievement of everyone who has collaborated and contributed to this.

I would like to say a special and personal thank you to Samuel Miller, a Canadian disability rights specialist who has supported many campaigners here in the UK, and who also recognised the retrogressive and draconian nature of Tory policies. Samuel has worked hard to submit reports and evidence to the UN over the last few years, he has included and incorporated the work of other campaigners, such as myself, as well as supporting other campaigners with their own independent submissions.

The WOW campaign also deserve a massive thank you for their work in raising awareness of the need for a cumulative impact assessment of the welfare “reforms”. Another thank you goes to Jane Young, for her work and leading authorship of the Dignity and Opportunity for All: Securing the rights of disabled people in the austerity era report for the Just Fair consortium.

A massive thank you to everyone who has contributed to awareness raising and campaigning for the rights of disabled people, many have worked so hard, independently, unsupported and with quiet determination and strength.

Every single contribution is precious and every effort is valued and deserves recognition, inclusion and thanks.

Another personal thanks goes to Dr Simon Duffy, director of think tank The Centre for Welfare Reform for his research and hard work. He demonstrated through independent research carried out since 2010 that the UK Government has targeted cuts on people in poverty and people with disabilities.

Many of us have consistently and repeatedly pointed to the disproportionate, negative impact of the bedroom tax on sick and disabled people; the closure of the Independent Living Fund (ILF); the political stigmatisation of sick and disabled people and the role played by the media in inflaming disability hate crime; the extent of cuts to local authority care funding; the government’s persistent unwillingness to carry out cumulative impact assessment of its “reforms” on sick and disabled people; the impact of benefit sanctions on disabled people; delays in benefit assessments; and the government’s reluctance to monitor disabled people found fit for work and who have lost their lifeline benefits – their only means of support.

Dr Duffy said:

“In fact the people with the most severe disabilities have faced cuts several times greater than those faced by cuts to the average citizen. This policy has been made even worse by processes of assessment and sanctions that are experienced as stigmatising and bullying.

The government has utterly failed to find jobs for the people they target – people who are often very sick, who have disabilities or who have mental health problems.

Instead we are seeing worrying signs that they are increasing rates of illness, suicide and poverty.”

In December 2014, the UN Human Rights Council created the role of UN Special Rapporteur on the rights of persons with disabilities. Part of the Special Rapporteur’s broad mandate is to report annually to the Human Rights Council and General Assembly with recommendations on how to better promote and protect the rights of persons with disabilities.

The Special Rapporteur, Catalina Devandas Aguilar, will be coming to the UK in the next couple of months to gather further evidence of the grave and systematic  violations of disabled people’s human rights.

United Nations (UN) investigations are conducted confidentially, I’ve already submitted evidence. Anyone wishing to make a submission may contact the UN here:

Catalina Devandas Aguilar
Special rapporteur on the rights of persons with disabilities
Address: OHCHR-UNOG; CH-1211 Geneva 10, Switzerland
Email: sr.disability@ohchr.org

Witnesses will be asked to sign an agreement to prevent them from speaking about the meeting with the UN rapporteurs, or identifying who gave evidence. The UN said that confidentiality is necessary to secure the co-operation of the host country and importantly, to protect witnesses.

Evidence submitted to the inquiry, its subsequent report to the UK government and the government’s response will not be published until the CRPD meets to discuss the inquiry in Geneva in 2017.

 

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Images courtesy of Robert Livingstone

The Daily Mail is a far-right rag and an utter disgrace for meddling in the Human Rights of sick and disabled people

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I reported yesterday that the United Nations (UN) is investigating the UK government’s welfare “reforms” and the consequences of them for evidence of abuses of the human rights of sick and disabled people. The Daily Mail has preempted the visit from the special rapporteur, Catalina Devandas Aguilar, who is expected to visit the UK in the coming months to spearhead the ongoing inquiry into many claims that Britain is guilty of grave or systematic violations of the rights of sick and disabled people, by using racist stereotypes, and claiming that the UN are “meddling”. The Mail has blatantly attempted to discredit this important UN intervention and the UN rapporteur before the visit even takes place.

“Meddling” is a curious and interesting word to use, as oppose to “wrong” or, say, “inaccurate”. It implies that the government are already aware that their policies are in breach of the human rights of sick and disabled people, but that they simply don’t welcome independent and international scrutiny of the fact.

There was not a shred of concern expressed in the Mail article regarding the cruel treatment of sick and disabled people by the government. It wasn’t mentioned once that whilst sick and disabled people have been targeted by the government with cuts to their income that are disproportionately large, the millionaires of this country got a handout of £107,000 each per year, in the form of a tax “break”. That choice of policy was made intentionally and purposefully, designed to target the most vulnerable citizens – already amongst the poorest – for further cuts to their lifeline benefits. In 2012:

  • Disabled people (1 in 13 of us) bore 29% of all the cuts
  • People with severe disabilities (1 in 50 of us) bore 15% of all the cuts.

Further cuts to benefits since 2012 will make these proportions even larger now.

Thanks to the Centre for Welfare Reform for this info graphic.

The specialised rapporteur, sent by the UN’s Committee on the Rights of Persons with Disabilities, will report back on a range of issues, including whether welfare cuts have harmed disabled people. This is because we are a voluntary signatory to the Convention on the rights of disabled person, and as such, we are expected to meet the international standards and the legal obligations in terms of the human rights of disabled people.

Tory MP Ian Liddell-Grainger last night described the inquiry as “the most absurd and offensive nonsense”.

As a sick and disabled person, I can confirm that Ian Liddell-Grainger is the one who is talking absurd and offensive nonsense. He added: “I am not an expert on disability rights in Costa Rica [the rapporteur’s country of origin], but I suspect Miss Devandas Aguilar might be better off focusing her efforts much closer to home. The UN should keep their noses out.”

Clearly Mr Liddell-Grainger doesn’t know anything at all about disbility rights or international laws. I’m sure his comments are uttered by every despotic minister that has ever faced an inquiry into their conduct towards others: “the UN should keep their noses out” echoes bullies and tyrants everywhere.

Not very encouraging comment, in terms of government response, openness, accountability,  transparency and democracy, then, bearing in mind that a UN inquiry is only ordered where the UN committee believes there is evidence of grave or systematic violations of the rights of disabled people. We are a very wealthy, so-called first-world liberal democracy, the fact that such an inquiry has been deemed necessary at all ought to be a source of great shame for this government.

Looking at some of the comments on the Daily Mail site, I can’t help wondering if some members of the wider public would still look the other way if the government rounded up the sick and disabled people of this country and shot them in front of TV cameras. The thing is, starvation through cutting off lifeline benefits, sanctions, stress through inhumane policies, invalidating someone’s experience of being seriously ill by constant re-assessment and telling them to work when they cannot, and shooting, they all result in death.

And dead is dead.

Eugenics by stealth is still eugenics.

Bystander apathy is complicity.

And people ARE dying as a consequence of this government’s policies.

Welfare reforms break UN convention

Amnesty International has condemned the erosion of human rights of disabled people in UK

A distillation of thoughts on Tory policies aimed at the vulnerable

Aktion Arbeitsscheu Reich, Human Rights and infrahumanisation

Despotic paternalism and punishing the poor. Can this really be England?

Stigmatising unemployment: the government has redefined it as a psychological disorder

Tory Fascist Lie Machine The Daily Mail Has Met Its Match

And not forgetting the fascistic Daily Mail’s involvement in attempting to discredit the left by publishing the fake Zinoviev letter – From Spycatcher and GBH to the Zinoviev letter – an emergent pattern and the real enemy within

Anyone wishing to make a submission regarding the inquiry may contact the UN here:

Catalina Devandas Aguilar
Special rapporteur on the rights of persons with disabilities
Address: OHCHR-UNOG; CH-1211 Geneva 10, Switzerland
Email: sr.disability@ohchr.org

292533_330073053728896_1536469241_nPictures courtesy of Robert Livingstone

UN officials to visit UK over coming months to investigate whether Iain Duncan Smith’s “reforms” to disability benefits are compatible with Human Rights

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I reported last year that the UK has become the first country to face a United Nations inquiry into disability rights violations. A formal investigation was launched by the United Nation’s Committee regarding the Rights of Persons with Disabilities.

Officials from the United Nation’s Committee on the Rights of Persons with Disabilities are to visit Britain after the Tories announced a wave of new austerity measures, including slashing disability benefits by a further £30 a week.

Thousands of sick and disabled people claiming Employment and Support Allowance (ESA) are to have their weekly payment cut from £102.15 to £73.10, which is the same amount as jobseekers’ allowance, if they are assessed as being able to undertake “work-related activity”. Bearing in mind that in order to claim ESA in the first place, prior to assessment, a doctor has already deemed this group of people unfit for work, the move to cut lifeline benefits further is especially cruel and inhumane.

We signed up to the Convention on the Rights of Persons with Disabilities under the last Labour government. On 8 June 2009, the UK government ratified the Convention, signaling its commitment to take concrete action to comply with the legal rights and obligations contained in the Convention. The Government also ratified the Convention’s Optional Protocol.

The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention on the Rights of Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time as its parent Convention on 3 May 2008. As of July 2015, it has 92 signatories and 87 state parties.

The Optional Protocol establishes an individual complaints mechanism for the Convention similar to that of other Conventions. But this Protocol also accepts individual rights on economic, social and cultural rights. Parties agree to recognise the competence of the Committee on the Rights of Persons with Disabilities to consider complaints from individuals or groups who claim their rights under the Convention have been violated. The Committee can request information from and make recommendations to a party.

In addition, parties may also permit the Committee to investigate, report on and make recommendations on “grave or systematic violations” of the Convention.

In December 2014, the UN Human Rights Council created the role of UN Special Rapporteur on the rights of persons with disabilities. Part of the Special Rapporteur’s broad mandate is to report annually to the Human Rights Council and General Assembly with recommendations on how to better promote and protect the rights of persons with disabilities.

The Special Rapporteur chose to focus her first report on a thematic inquiry into the right to social security, globally. The report will be published in October 2015.

The Commission’s response focuses on three areas from the UK that are highly relevant to the Special Rapporteur’s inquiry:

  • The impact of reforms to the UK’s social security system on disabled people’s rights to independence and to an adequate standard of living;
  • Whether the design and delivery of health and social care services in England is consistent with the rights to physical and mental health, independent living and freedom from cruel, inhuman or degrading treatment or punishment; and
  • The impact of reforms affecting access to civil law justice in England and Wales on disabled people’s right to effective access to justice.

The Commission’s response to the UN Special Rapporteur’s inquiry into persons with disabilities right to social security can be found here.

The Disability Convention requires governments to designate one or more independent mechanisms to “promote, protect and monitor implementation” of the Convention.

The Commission, which is Britain’s National Human Rights Institution, has been designated alongside the Scottish Human Rights Commission, the Northern Ireland Human Rights Commission and the Northern Ireland Equality Commission to fulfill this role in UK.

The Sunday Herald has more recently reported that UN officials will visit the UK in the next few months to investigate whether Iain Duncan Smith’s welfare “reforms” have led to “grave or systematic violations” of disabled people’s human rights.  According to the Scottish Herald, a leading Scottish disability charity has been advised that a visit by the Special Rapporteur and members of the Committee on the rights of persons with disabilities is expected in the “near future”.

United Nations (UN) investigations are conducted confidentially, I’ve already submitted reports and evidence regarding the impact of the welfare “reforms” on sick and disabled people. I’ve mostly focussed on the withdrawal of the Independent Living Fund (ILF), the adverse consequences of the Work Capability Assessment, workfare and sanctions.

Anyone wishing to make a submission may contact the UN here:

Catalina Devandas Aguilar
Special rapporteur on the rights of persons with disabilities
Address: OHCHR-UNOG; CH-1211 Geneva 10, Switzerland
Email: sr.disability@ohchr.org

The Department of Work and Pensions have refused to comment regarding the inquiry.

Shocking statistics published by the Department of Work and Pensions last week showed thousands of people have died after being declared “fit for work”. The figures, which did not detail the cause of the deaths, revealed that at least 2,380 people died between December 2011 and February 2014 within six weeks of a work capability assessment (WCA), which found them found them fit for work.

Bill Scott, director of policy at Inclusion Scotland, a consortium of disability organisations, said: “The UN have notified us they will be visiting Britain to investigate … and want to meet with us when they come, sometime in the next few months.”

Inclusion Scotland has also made a submission to the study being prepared by the Special Rapporteur on the Rights of Persons with Disabilities, Catalina Devandas-Aguilar, which is examining the right of disabled people to social protection.

In the submission, Inclusion Scotland warned that the UK Government’s welfare reforms are “jeopardising disabled people’s right to life” by increasing the risk of suicide after loss of benefits. Last week, the Sunday Herald revealed that DWP staff had been given official guidance on how to deal with suicidal claimants left penniless after suffering benefit sanctions.

The Inclusion Scotland submission also highlights a series of shocking findings, including that disabled people in some areas of Scotland are waiting for up to ten months to access Personal Independent Payment (PIP) disability benefits, due to delays in assessments taking place.

Dr Simon Duffy, director of think tank The Centre for Welfare Reform, said independent research carried out since 2010 had shown the UK Government has targeted cuts mostly at people in poverty and people with disabilities. Disabled people have been targeted by cuts nine times more than other citizens. It also found that people with disabilities, who make up one in 13 of the population, bore almost a third (29%) of the cuts.

He added:

In fact the people with the most severe disabilities have faced cuts several times greater than those faced by cuts to the average citizen. This policy has been made even worse by processes of assessment and sanctions that are experienced as stigmatising and bullying.

The government has utterly failed to find jobs for the people they target – people who are often very sick, who have disabilities or who have mental health problems.

Instead we are seeing worrying signs that they are increasing rates of illness, suicide and poverty.

Many disabled people’s rights campaigners, such as Samuel Miller, Robert LivingstoneMike Sivier and myself, amongst others, welcome this development. Many  campaigners and organisations have made submissions to the UN, using the Optional Protocol mechanism. As I’ve said elsewhere, our political freedoms and human rights must not be subservient to Tory notions of economic success. Democracy is not about the private accumulation of wealth. It is about the wise use of the collective wealth for the common good of the public – that must extend to include ALL of our citizens. And a decent, civilised, democratic society supports its vulnerable members and upholds universal human rights.

Disabled people have been stigmatised, scapegoated and subjected to cuts in their lifeline support because of the financial mistakes and poor decision-making of government.

We need to ask why our Government has so far refused to instigate or agree an inquiry into the substantial rise in deaths amongst sick and disabled people, as these deaths are so clearly correlated with policy changes.  Or why a cumulative impact assessment has not been carried out regarding the consequences of these extremely draconian policies.

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Pictures courtesy of Robert Livingstone, used with thanks