1

Seizing Opportunities Aiko Akiyama

Social Afffairs Office

Social Development Division

ESCAP

Seminar for Establishment of Personal Assistance SERVICE Systems in Asia and the Pacific

18 June 2010

Purpose of the presentation

Review the international and regional documents on disability in the light of independent living of persons with disabilities.

Discuss how the participants can use these documents to enhance independent living of persons with disabilities and to establish PA system in Asian and the Pacific.

Before introducing the main topic…..

Introducing ESCAP.

Parliament of Asia and the Pacific: the only intergovernmental forum for all countries and territories of the Asian and Pacific region, dealing with Economic and Social Development Issues.

53 members and 9 associate members, representing approximately 62 percent of world’s population (4,1 billion).

Inclusive and sustainable development

What is ESCAP? Economic and Social Commission for Asia and the Pacific

ESCAP Disability Programme Most successful

projects in ESCAP

Regional engine for advocating, researching and conduct capacity-buidling on the rights of persons with disabilities.

Biwako, MDGs and CRPD

20132003

2nd APDDP

1ST APDDP

19931983 2023

IDDP

Unique regional decade on disability

Biwako, MDGs and CRPD

20122007

CRPD

Biwako

Biwako Plus Five

20032000 20152008

Biwako and CRPD

2nd APDDP

Nature of the three instruments

Convention BMF

B+5

Legality binding Non-binding

Focus Global

Disability-specific

Human rights treaty

ESCAP region

Disability-specific policy and action document

Time Eternal once effective Bound to 2012

Biwako, MDGs and CRPD

20122007

Biwako

Biwako Plus Five

20032000

Biwako and Biwako Plus Five

Guiding policy action document formulated by all the stakeholders (DPOs) endorsed by Member states of ESCAP

Focus of the Biwako Millennium Framework and the Biwako Plus Five-social model approach to disability

Persons with disabilities,

family organizations

Training and employment,

including self-employment

Women withdisabilities

Early detection, early intervention

and education

Access to built environments and public transport

Poverty alleviation through capacity-building, social security and sustainable livelihood programmes

BMF, B+5,

7 priority areas

Access to information and communications, including information,communications and assistive technologies

Reinforcing a rights-based approach to disability issues

7 Priority areas

Strengthening comprehensive community-based approaches to disability issues

Promoting an enabling environment and strengthening effective mechanisms for policy formulation and implementation   Improving the availability and quality of data and other information on disabilities

Promoting disability-inclusive development

BMF, B+5 strategies

Subregional, inter-regional collaboration

Collaboration within the UN system, with the private sector, media, local government

Biwako/Biwako Plus Five -Relevance to independent living

Target 1: Governments, funding agencies, NGOs by 2004, establishes policies with the requisite resources to support organizations of persons with disabilities.

Action 2 under the priority area on poverty alleviation: government should allocate adequate rural development and poverty alleviation funds towards services for the benefit of persons with disabilities.

Biwako/Biwako Plus Five -Relevance to independent living Action 22 of the biwako plus five under the poverty

alleviation: Governments should review existing social security policies and practices and modify them-----the provision of basic assistive devices that meet the needs of persons with disabilities as well as any personal assistance needed should be promoted.

Strategy 10: Governments should promote community-based approach immediately. Community-based rehabilitation (CBR) should be modeled on the independent living concept, which includes peer counseling.

Biwako, MDGs and CRPD

CRPD

2008

Convention on the Rights of Persons with Disabilities (CRPD)

CRPD -overview

A minimum standard which does not undermine other A minimum standard which does not undermine other international or national provisions which are more international or national provisions which are more conducive to the realization of the rights of persons with conducive to the realization of the rights of persons with disabilities (art 4(4))disabilities (art 4(4))

CRPD

National actions

Reference: Andrew Byrnes (2007; 2008)

Introductory: Preamble and arts 1-8, 11

Civil and political rights: arts 10, 12-23, 29

Economic, social and cultural rights: arts 24-28, 30

Other – statistics, international cooperation, and national implementation and monitoring: arts 31-33

International monitoring – Committee on the Rights of Persons with Disabilities, etc: arts 34-40

Miscellaneous and procedural: arts 41-50

CRPD -structure

Individual communications procedure: arts 1-5

Inquiry procedure: arts 6-7

Miscellaneous and procedural – arts 9-18

CRPD Optional Protocol-structure

Social model of disability and a rights-based response to disability discrimination are central to the Convention:

Preamble (para (e)) recognizes that

“disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others”

Article 1 provides:

“Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.”

CRPD-highlights 1)

Accessibility (art 9) -- wide-ranging right to ensure equal access to “to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas.”

Right of living independently and to be included in the community (art 19)

Right to personal mobility (art 20)

CRPD –highlights-”innovative” rights 2)

“Communication” is broadly defined in article 2 to include:

“languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology”.

Obligation on State to provide information to persons with disabilities in accessible formats, to accept and facilitate the use of sign languages etc in official interactions, and to urge private entities to provide information and services in accessible and usable formats

Obligation on States parties to take appropriate measures to recognize and promote the use of sign languages

CRPD –highlights 3)

International cooperation (art 32)

First UN human rights treaty to contain a detailed provision on international cooperation

States recognize the importance of international cooperation – bilateral and multilateral – and appropriate measures could include:

Ensuring that international development programmes are inclusive of and accessible to persons with disabilities;

Facilitating and supporting capacity-building

Facilitating cooperation in research and access to scientific and technical knowledge;

Providing, as appropriate, technical and economic assistance

Applies to South-South cooperation, as well as to North-South and South-North cooperation

A State may not justify a failure to carry out its obligations under the Convention by claiming that the resulting international cooperation has not been forthcoming

CRPD –highlights 4)

CRPD –highlights 5)

National implementation and monitoring (art 33)

Three elements:

Designation of focal points within government in relation to implementation and consideration of establishment of a coordination mechanism

Identification or establishment of a framework, including one or more national institutions established with regard to the Paris Principles, to promote, protect and monitor implementation of the Convention

Participation of civil society, in particular persons with disabilities and their representative organizations in monitoring the implementation of the Convention

Work and employment

Women withdisabilities

EducationHealth

AccessibilityPersonal Mobility

Living independently and being included in

communityAccess to cultural life, recreation, leisure and

sportFreedom of

expression and opinion, access to

information

Adequate standard of living and social

protection

Convention substantive articles

Children with

disabilitiesProtecting the integr

ity of a person

Participation in public and political life

Respect for home and family

Right to Life

Situation of risk and humanitarian emerge

nciesAccess to justice

Equal recognition before the law Freedom from torture

or cruel, inhuman degrading treatment

Freedom from exploitation, violence

and abuse

Respect for privacy

Children with

disabilities

Women withdisabilities

Convention substantive articles

Awareness raising

International Cooperation

Statistics and data collection

Convention

Substantive articles

Women withdisabilities

Children with

disabilities

Preamble n) and article 3 on principle a) : autonomy, freedom to make one’s own choices, and independence of persons.

CRPD-Relevance to independent living

Article 19 on living independently and being included in the community a): persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on equal basis with others and are not obliged to live in a particular living arrangement.

b): persons with disabilities have access to a range of in-home , residential and other community support services, including personal assistance necessary to support living and inclusion in the community and to prevent isolation or segregation from the community.

.

CRPD-Relevance to independent living

Article 15 on the freedom from torture or cruel, inhuman or degrading treatment or punishment

Article 17 on the integrity of the person.

Article 22 on the respect for privacy.

CRPD-Relevance to independent living

By :

Pushing the harmonization of the CRPD with the domestic legislation.

Mainstreaming disability into the development agenda such as MDGs.

Showcasing the model practices in developing countries.

How do we promote the independent living, personal assistance?

Majority of the countries do not have laws, policies and regulations to support independent living, provision of personal assistance.

Concept of personal assistance is relatively new in the region as a whole.

Personal assistance schemes might be implemented on using other existing budget lines.

Reality?

Biwako strategy on subregional, regional collaboration, establishment of center of excellence.

CRPD article 32 on international cooperation; best practice promotion, research.

Biwako and the CRPD promote good practice promotion and international/regional cooperation

Let’s act right now!Conclusion: legal advocacy, awareness raising, best practice promotion, seizing opportunities now.

legal advocacy, awareness raising, best practice promotion……….