Groups praise draft UN treaty for disabled

Groups representing people with disabilities have warmly welcomed the United Nations convention guaranteeing greater rights to the disabled, the text of which was agreed at the weekend.

Particular praise was expressed for the input of the Irish civil servants and NGOs present in New York over the past five years in the publication of the draft UN Convention on the Rights of Persons With Disabilities. There are 650 million people in the world with a disability.

However, groups warned Ireland had much to do to live up to the guarantees for people with intellectual disabilities and said much needed to be done to address the high levels of unemployment, poverty and low educational attainment among disabled people. The draft convention, the first human rights treaty of the 21st century, is expected to be adopted by the General Assembly before the end of the year and those countries that implement it will have to enact laws to improve disability rights and also agree to get rid of legislation and practises which discriminate against the disabled.

The National Disability Authority (NDA) described the draft convention as "a very welcome major development". Chairwoman Angela Kerrins said Ireland had played a crucial role in reaching agreement on the text.

"The voluntary sector, disability organisations, the Department of Foreign Affairs, the Department of Justice, Equality and Law reform and the NDA have worked extremely hard to ensure that the convention becomes reality."

She said much that was in the convention was already in place here, under such instruments as the equal status legislation.

"We do have to resolve the issue of (intellectual) capacity," she said. Debate is under way, she said, about the question of how best to respect the decision making rights of people with intellectual disabilities, while simultaneously protecting their interests.

"We must bring in structures that are flexible around that so as to allow people with intellectual disabilities to be as independent, and as empowered to make their own choices, as possible."

Deirdre Carroll, chief executive of Inclusion Ireland which represents people with intellectual disabilities, also referred to this issue, while welcoming the draft convention. "It is all part of a journey and will force us here to beef up our disability rights legislation. The big issue from our point of view though is the fact that we do not have structures that both respect the fact that everyone has the right to make decisions about their life, and that protect them if they can't."

The Rehab Group, which was present in New York, said the convention would be "a major improvement to the recognition in many states of rights, which are ascribed to all as human rights, but currently denied to many people with disabilities".

Dr Maurice Manning, president of the Irish Human Rights Commission, was in New York last Friday. Warmly welcoming the convention he said agreement had been in doubt "to the very last minute".

"Huge credit is due to the chair of the process, Ambassador Don MacKay of New Zealand and to the persistent pressure exercised by the many NGOs - including those from Ireland - which ensured that the voice and interests of the disabled was what ultimately prevailed on Friday."

UN Convention: What it says

Participating countries must change laws and ban discriminatory customs and practices.

Disabled people have an equal right to life.

Disabled people have a right to own and inherit property, to control their financial affairs and have access to financial services.

Disabled people must not be deprived of their liberty "unlawfully or arbitrarily".

Disabled people must not be forcibly institutionalised.

Disabled people have a right to privacy and access to medical records.

Countries must remove barriers to accessing the environment, transport, public facilities and communication.

Disabled have a right to live independently.

Essential equipment must be made affordable.

Countries must end discrimination relating to the right to marriage, family and personal relationships.

Disabled must have equal access to education, employment, public life and cultural life.