Dr. Eilionóir Flynn, Senior Research Fellow, Centre for Disability Law and Policy, National University of Ireland Galway

 International human rights norms: sources and substance (UN, Council of Europe, EU)  Factual situation encountered in Council of Europe Member States: some key issues  Major international campaigns for reform: legal capacity, torture, institutionalisation, indicators of human rights  Future directions and new opportunities for Member States: National Disability Strategies

 Covers all rights: civil, political, economic, social cultural  Consolidates all existing IHRL and applies to a disability context  Use in European human rights structures e.g. in interpreting ECHR

 Disability as a health/social policy issue  disability as a human rights issue  Law and policy made for people with disabilities  made with/by disabled people  Substitute decision-making  supported decision-making (public and private?)  Dependence on state  interdependence, facilitate independence

LEGAL NORMS  European Convention on Human Rights (application to disability and interpretation using CRPD)  European Social Charter (significance of socio- economic rights in disability context) POLICY COMMITMENTS  Council of Europe Disability Action Plan (15 action lines, cross- cutting issues and coordination via CAHPAH)

LEGAL NORMS  Charter of Fundamental Rights  Framework Directive 78/2000  CRPD (as State Party which has ratified) POLICY COMMITMENTS  European Union Disability Strategy (and implementation via High Level Group on Disability)  Code of Conduct for Implementing CRPD between Council, MS and Commission

 Factual situation at grassroots level – preparing for ratification, or post-ratification implementation of CRPD  Aligning with commitments in EU and Council of Europe legislation and policy, as well as national priorities, resource constraints, etc.  Prioritise key issues which will lead to law and policy reform, structural/procedural reform, and programmatic change

 Legal Capacity – Article 12, CRPD  Repeal of archaic guardianship laws  Introduction of mechanisms for supported decision-making (e.g. starting in contract law)  Innovating: continuum of support (information  advocacy  supported decision-making)

 Focal point(s) within government (Art 33.1)  Co-ordinating mechanism between focal points (Art 33.1)  Monitoring framework, with one or more independent mechanism(s) (Art 33.2)  Active civil society involvement in monitoring  Information collection (statistical and research data) to implement Convention (Art 31)

 Changing the way supports are provided to people with disabilities  Reviewing current funding/spending on services to make sure resources are going to the types of supports which bring about the change envisaged in Convention  Introduce personalised supports (e.g. individual budgets, direct payments) and supports for independent/community living

 MDAC Campaign to Change Guardianship  Campaigns in MS to reform legal capacity (e.g. Ireland, N. Ireland)  Committee on Rights of Persons with Disabilities seek submissions on Article 12

 MDRI report on Judge Rotenberg Center  UN Special Rapporteur on Torture  Guardian Newspaper Expose  CoE Commissioner for Human Rights statement

 ENIL/ECCL Free Our People Now!  Desegregation, deinstitutionalisation  Genuine community living, not ‘mini’ institutions  Barriers to community living explored e.g. hate crime

 Article 31 – data and statistics  Need to measure impact of CRPD on people with disabilities  UN Secretariat to Human Rights Treaty Bodies  FRA and ANED work

 Vehicles to embed CRPD dynamic of change at domestic level (NDS)  More opportunities for member states sharing best practice and learning (CAHPAH, HLGD, Conference of States Parties)  Focus on aligning international and domestic priorities through NDS to showcase progress in implementing human rights norms

 Renew the commitment  Connect national to international  Enhance transparency  Broaden participation  Draft detailed implementation plan  Independent monitoring  Tools to measure progress  Mainstream disability equality  Broaden the frame  Ensure sustainability