A human rights underpinning to the forthcoming Disability Bill is crucial, writes Angela Kerins
As the November deadline for publication of the promised Disability Bill approaches, the disability sector has made its position very clear.
The Government can be in no doubt as to the crucial elements required in this legislation. Equal Citizens, Core Elements for Disability Legislation was presented to Government in February 2003 by the Disability Legislation Consultation Group, (DLCG). This group, representing 507 organisa- tions and many, many thousands of people with disabilities, was brought together at the request of Government for the purpose of formulating these proposals.
To be effective and meaningful, this legislation should combine two elements. The first is an irrevocable right of a person with a disability to have their needs assessed compre- hensively and independently, placing their needs and those of their families at the centre of services and emerging with an agreed plan as to how those needs can be met.
In other words, this involves people with disabilities getting what they actually need, as opposed to what is often offered to them.
This in turn leads to a better- co-ordinated delivery of those services. It is designed to avoid such familiar but inappropriate scenarios as, for example, a young person with a disability being placed in a nursing home for older people or parents left to cope alone with no supports.
There must be a provision in the legislation for people who are unable to advocate for themselves to have an independent advocate. There must also be provision for accessible services backed by an effective, appeals system and enforcement mechanisms.
The second core element is that public and private bodies that provide services to the public should have clear duties and requirements placed on them, which will be aimed at removing barriers to people with disabilities.
For example, this would include something as simple as ensuring that people with mobility impairments can get on and off buses and trains and move about stations freely like everyone else.
There has been some discussion in the media about the implementation of the Disability Bill measures being subject to available resources. The disability sector is realistic. It does not expect instantaneous services. It recognises the need to build capacity in all sectors. It is not about providing unlimited resources, but of working to reach specified levels of service within agreed timeframes.
Of course, available resources must be taken into consideration, but this can be done by defining specific timetables and outcomes by agreement between the person with a disability and the public body, rather than by indefinitely restricting service delivery or improvements. It's about planning to reach goals.
The disability sector believes that a right of access to services without an enforceable mechanism will be worthless. However, following a meeting with the Taoiseach, Mr Ahern, in July, the DLCG is of the clear understanding that any forthcoming legislation will provide an independent judicial mechanism, which can be invoked when the provisions of the legislation are not implemented.
It is not intended that such a mechanism would be used as the primary route for the delivery of outcomes, but it would be a safeguard to ensure that planned and agreed services are actually delivered.
The Taoiseach has described the process of creating the bill as a challenge "to put in place the most effective combination of legislation, policies, institutions and systems to deliver the outcomes we all want".
The DLCG has made its desired outcome very clear: a useful, progressive piece of legislation which works in harmony with a national disability strategy, policies and systems, to create the best possible opportunities for people with disabilities and the necessary services to enable them to realise these opportunities.
The rights which the DLCG wishes to see in legislation are nothing more or less than what is required by people with disabilities in order for them to participate fully in society as equal citizens and to exercise the same rights and obligations as others. They are critical to ensuring fairness in our society and they are urgent. A human rights underpinning is vital for Ireland's Disability Bill.
The Government cannot be in any doubt as to the opinion of the disability sector on what is needed.
Angela Kerins is chairwoman of the Disability Legislation Consultation Group