Current approaches to the inclusion
of people with additional needs –
Legislation and social policy.
Outline of Presentation
• National Advocacy Service
• Models of disability – medical model vs. social
model
• Current Irish legislation
• Some social policy developments
• U.N. Convention on the Rights of People with
Disability
National Advocacy Service
An independent, free and
confidential advocacy service for
people with a disability.
National Advocacy Service
• Is funded by The Citizens Information Board
• Works with people with disability over age of
18
• Aims to reach the most vulnerable people –
people who may not be in a position to self
refer; who may be isolated in the community;
who live in residential institutions.
National Advocacy Service
The Purpose of Advocacy is to:
• Stand alongside people who are in danger of being
ignored.
• Enable people to seek and receive information,
explore and understand their options and to make
their wishes and views known to others.
• Empower people to make decisions for themselves.
• Ensure that people’s needs, wishes and rights are
given due consideration and acted upon.
Medical Model vs. Social Model
• Medical model is the traditional approach to
service delivery.
• Social model emerged in USA after Vietnam
War.
Medical Model of Disability
• The person with a disability is the “problem”, not
society or the State
• The person’s disability must be “fixed” or “cured.”
Focus is on health needs (sometimes exclusively.)
• If the person cannot be cured, s/he must be
“cared for” in a segregated environment.
• The person is isolated and deprived of many
fundamental human rights.
• The power to address the “problem” of disability
rests with the medical profession not society or
the State.
Social/Human Rights Model
• Society “at fault” not person with disability
• Focus on addressing the ability of person rather
than inability.
• Seeks participation of person in everyday social
activities.
• Person accesses the same services as anyone else
• Responsibility shifts from medical profession to
the state to “remove discrimination” in access to
goods and services.
• “accommodate” needs of person to participate
in society rather than cure the impairment.
• Read Vic Finkelstein!
Johnny & Mary
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Johnny has severe physical disability.
Lives independently.
Has a third level education.
Has a professional job.
Has a girlfriend.
Good social life.
Lives an ordinary life.
Johnny and Mary
• Mary is a wheelchair user but has less
significant needs than Johnny.
• Lives in a nursing home.
• Left school at 12 and struggles with literacy
and numeracy.
• Has never had a job.
• WHO IS THE MORE SEVERELY DISABLED?
Current Legislation
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Employment Equality Act 1998
Equal Status Act 2004
Mental Health Act 2001
Education for Persons with Special Educational
Needs Act 2004
• Disability Act 2005
• Citizen Information Act 2007
Employment Equality Act 1998
Equal Status Act 2004
• Prohibit discrimination on nine grounds:
gender, age, marital status, religion, family
status, membership of traveller community,
race, sexual orientation, disability.
• Relates to provision of goods, services,
accommodation, education.
Employment Equality Act 1998
Equal Status Act 2004
• Disability: service provider must make
“reasonable accommodation” to
accommodate the needs of PWD unless it
comes to more than a nominal cost.
Disability Act 2005
• Provides a statutory entitlement to an
independent assessment of health and education
needs.
• A service statement is drawn up.
• Person has a right to complain to HSE if
dissatisfied.
• Only introduced for 0-5 year olds so far.
• Six government departments must develop
sectoral plans to outline how they will make their
services accessible to PWD.
Social Policy Developments
• HIQA National Quality Standards for Residential
Services for People with Disabilities.
• HSE Report “Time to Move on from Congregated
Settings” recommends that all those living in
congregated settings will move to community
settings.
• No new congregated settings will be developed
and no admissions will take place to congregated
settings.
Social Policy Developments
• A Vision for Change – policy document
outlining the direction for Mental Health
Services in Ireland. Advocates community
based services.
U.N. Convention on the Rights of
Persons with Disabilities
• Signed but not ratified by Irish Government.
• Does not create new rights but spells out what
the various rights mean for PWD.
• Important articles: Article 12 (being
recognised as an equal person before the law)
Article 19 (the right to live independently)
Article 24 (right to education) Article 7
(children’s rights)