The Centre for Disability Law and Policy,
National University of Ireland, Galway,
Voice and Choice
Summer School
Held at the NUI, Galway
17 June 2013
Text streamed live to the web on www.seewritenow.ie
Telephone ……………………………. (0404) 64355
Fax ……………….…………………... (0404) 64354
Email …………………………………. info@pcr.ie
Website ……………………………….. www.pcr.ie
NUI Galway Summer School – 17 June 2013
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NUIG Summer School - 17th of June 2013:
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MS CASEY: Good morning everyone. You're all incredibly welcome to Galway for the 5th
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annual summer school, Gerard has asked me to apologise for the weather; he will pay the
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accordion for you sometime during the week, but it is due to get better, it has to!
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I am your chair just for today, you can be delighted for that, because you will have one of me
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today, there will be a different chair every other day, just to keep the variety going, to make sure
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I don't get a power trip!
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I have a few things I have to do, one is to ensure the speakers keep to their time, so that we can
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have a very rich dialogue, so much part of today is about you interacting and being involved and
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giving an opinion, so please, please this is as interactive a session as you can possibly imagine.
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Secondly, I have just talk to Gerard about the situation with the Biogs, we have extraordinary
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speakers here today who have done enormous amounts of things, so rather than just read through
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these Biogs we really are here to listen to them not their CVs, I'm sure you've gone through them
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already, I'll give you three or four lines not to diminish anything they have done just to give them
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the most time.
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Thirdly you're probably wondering who the hell am I and why am I here to chair it? Well I am
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because Gerard asked me and you don't say no to Gerard! But also Gerard -- I'm very lucky to
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have Gerard on the board of an organisation I set up called Kanchi and our organisation really
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exists to unleash the power of the billion people globally who have a disability and we do
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through the power of business, so we work to the articles 8 and 27 of the UN convention.
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And I have a very personal interest in this too, I'm delighted to be here and I'm delighted to be
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asked, I can be bossy about time, if I'm a pain in the neck tell me to stop, for those of you who
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don't know me I'm visually impaired so for questions and answer rather than raise your hand I
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can't see you, give it a shout out otherwise I'll talk to your next-door neighbour!
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The whole point of the school, we are all aware of why we're here and the most important thing
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is to remember this is the practical application, this is really, these next few days is how we can
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practically work together, but the thing that I think most powerful part of today is you guys, for
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the week. Is really learning from each other, you are like a community for a week together, the
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most you will get out of this is the most you will engage with each other and to have fun as well.
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This is a fairly heavy serious topic which you are all passionate and commit to, but enjoy each
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other's company, you are here to learn if each other as much as the speakers and genuinely enjoy
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Galway and have fun. You could not have better hosts, they are the bomb, you will have a
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fantastic week, but really enjoy each other's company and get involved.
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So we have our very first speaker, just to open the school today, he has to literally run out the
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door because he is doing exam board, is it exam board dean? So he literally is saying hello and
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then gone, just don't take offence he has to make sure people pass exams.
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So I would like to introduce Prof Ciaran O'Neill the dean of the college of business and law.
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PROF O'NEILL: I'm here to provide words of welcome to everyone and a few individuals I will
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name in particular. Before I dash off to chair an exam board.
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If I can begin by welcoming the Minister here, Minister Lynch, the Minister for older people,
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people with disabilities, mental health and equality. One person covering such a large brief, very
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impressive.
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I'd also like to welcome all of you, the delegates, attendees and people who will be involved in
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the delivery of this summer school, a very important summer school, the 5th I understand, on the
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UN Convention of rights of persons with disabilities.
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I'm delighted also to acknowledge the support of a number of different organisations in the
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summer school this year and in the past, hopefully ongoing in the future and in particular
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Atlantic Philanthropies and the Soras Open Society Institute who sponsored 10 full scholarships
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this year.
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As I understand it there are 38 different nationalities represented among you and those who will
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be involved in the course, individuals from countries as diverse as China and Zambia and joking
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with Ger and JB before the event, hopefully I haven't got this wrong, unless there is someone
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from Argentina, Andorra, Afghanistan, maybe in the future we'll have the full alphabet
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represented so we can cover A through to Z!
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I understand the main purpose of the summer school is to give you the tools to implement the
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treaty no matter where you live, something which is tremendously important, to go back and
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ensure the UN Convention is actually implemented, so the training that you will be receiving is
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important, not just to you, but to the people who you will take that training back to.
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Hopefully however it will also be enjoyable. I understand that there will be for example a moot
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court as part of what you are doing and then at the end of the week you will also have a Ceili, for
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those of you not of Irish extraction or not exposed to people of Irish extraction it's an event
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where there will be singing, music, dancing and generally as we say in Ireland a bit of craic!
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I understand that Ger will also perhaps be persuaded to delighted you with some accordion
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playing as part of that. He may be persuaded to stop if you have good powers of persuasion!
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The school is heavily involved with the centre for disability, a centre which is led by Ger and
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which has been tremendously successful over a number of years. Its activities are recognised
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internationally, both in terms of its engagement in the practice of disability law and in terms of
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it's academic work.
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As it continues to grow I wish it every success in its endeavours. I know the Minister, given the
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width of her brief is pressed for time, so I will not delay matters any further and will pass over to
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her to provide further introductory remarks.
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Now I will wish you every success with the week, and go off to this exam board! So thank you,
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thank you very much.
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MS CASEY: Thank you dean, it's great to see you, good luck with the exam board.
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Now Minister are you, do you want to speak next or are we happy to just go with the running
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order? Okay great. So what we have to do as usual we have to have some housekeeping --
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Elaine are you around for some housekeeping? There you are. Ger wanted to you give some
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housekeeping.
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MS KEANE: Morning everyone just as a few housekeeping rules, so the emergency exits are
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the door you came in here, there is one to the right and two doors at the back. The bathrooms are
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directly outside of the room and we also have wheelchair accessible bathrooms, Wifi codes at the
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desk if you need them. If anyone brought fliers or leaflets from your organisations please feel
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free to leave them on our desk and pin boards if you want to pin stuff up.
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You know who I am now, if you have any questions please come to me, I think that's everything
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and I'll pass over to you Gerard.
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MS CASEY: Thank you. Now that we're officially open and begun the serious stuff begins, no
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better person to start us off than really the heart, soul and inspiration of this centre, let alone the
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school, it's just wonderful what you are doing and it gets bigger and better all the time, it's such a
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credit that this is the fifth year of such a valuable and successful school. Now I am going to read
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out a little of your Biog just a little.
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Gerard Quinn is the director, and founder of the Centre for Disability Law and Policy, his
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specialisation is international and corporate disability law and policy, he is a member of the Irish
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Human Rights Commission, and helps coordinate the work of the National Human Rights
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Institutes worldwide on disability issues. He led a delegation of Rehabilitation International
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during the UN working group and elaborated the basis for new Convention on the rights of
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persons with disability.
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He was also appointed to the Council of State by our president in 2012. But for us Gerard is,
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you're the bomb! So welcome Gerard Quinn.
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PROF QUINN: You haven't heard my accordion playing yet! So welcome, I'll keep this very
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brief I know the Minister is pressed for time. I'm really, really delighted to welcome all of you
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here today. There is 38 nationalities in all represented and it's just reflecting 15 or even 10 years
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ago this wouldn't have been possible. So I think we all know that the UN disability treaty has
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really unleashed a global tide of change throughout the world.
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Although many of us speak many different languages we are now beginning to speak the
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universal language of the disability Convention when it comes to disability issues.
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This year unlike previous years we have adopted a thematic focus and the focus is on voice and
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choice. Hopefully you will return home at the end of the week with a broader and deeper
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understand of what voice and choice means to you, in your culture, in your political and legal
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system and for you personally.
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The Convention is just a legal tool. It doesn't in and of itself bring about change, you do. You
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are the people who bring about that change. And all the fun and camaraderie of the week is over
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and we plan to have lots of fun we can tell you! You will return on your flight, on your own, but
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we hope you return connected, we hope you return feeling that you are part of something bigger
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than yourself. You will return connected to others who seek the same as you do, and you will
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return to those small places where in the famous words of Eleanor Roosevelt, that's where rights
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are made real.
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We have a great line up of speakers, presenters, chairs, etcetera, but you are the real stars. We
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need you to talk to each other and reiterate what Caroline emphasised, we'll facilitate that, we are
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trying to make modules as participatory as possible, but of course we continue with our great
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tradition, which is our moot court competition at the end of the week, which is actually great fun,
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nothing to be worried about, it's really good fun.
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And not going to be labour the obvious in terms of the content of the programme even though
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I'm supposed to introduce it, you can read it for yourselves, it's on the website, on black board,
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no drop box. You can tell I'm not quite at that thing!
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Suffice to say we'll spend the first day setting things up, I'm afraid interests no getting over the
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fact that our grandiose ideas about inclusion and equality end up in legalise in the Convention so
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we'll spend some time demystifying that, opening it up and unzipping and making it a lot more
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accessible.
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The Convention is not just an essay on justice, a lot of us like to think so, it's also unfortunately a
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legal tract that has to be approached carefully. So hopefully we'll set that up on the first day,
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we'll spend day 2 dealing with voice, and specifically the debate about legal capacity, Law
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Reform throughout the world, it's happening right now in most of your countries right
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throughout the world and especially here in Ireland. Gabor Gambos with us tomorrow a former
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member of the UN committee will be the main speaker on that topic.
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Day 3 will continue the exploration of reform on voice, which is legal capacity throughout the
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world and day 4 we move on to choice, namely the right to live independently and be included in
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the community. And as we move on I encourage you to think about the connections, some of the
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problematic connections between voice, the right to choose, particularly where you live, and
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community living a mandate for inclusion in the Convention.
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Very complex interaction and indeed this is the core problem of our moot court which Dr Lucy
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series will explain to you later today, Lucy recently got her doctorate so she's Dr Dr Lucy!
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Friday will be spent looking at change right around the world and how it will be sustained,
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particular focus this year on development aid and change under the Convention, we're very
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fortunate to have Prof Groce, one of the leading thinking and activists from London to speak to
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you about that. The morning on Saturday will be spent in the moot court itself and in many
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ways this is the highlight of the week, it's where you bring together your own understandings and
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form them into arguments.
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Arguments are tools by which we persuade others, it's not enough to persuade ourselves, even,
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you have to persuade others even those who are intensely sceptical and their view has to be
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respected too and then brought along by the cogency of the arguments, that's the democratic
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way, and all of the main proceedings here will be videoed and then put on our YouTube site so
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don't worry if you miss something, you can watch it later at your own leisure in your kitchen or
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if you're like me in the shower!
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Before I quickly pass you on, let me at the outset thank our financial backers and supporters
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Atlantic Philanthropies a representative will be here later in the week from Atlantic, the open
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society institute, we have lots of people funded by them here this week, the department of
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foreign affairs, particularly Irish Aid who are bringing some people from, recipients of
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development aid from around the world to contribute to that debate, EU Marie Curie programme
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supporting the presence of Marie Curie PhDs here and our university. It's only through their
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generous support that events like this can happen.
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One of the great Irish American speakers of the US house of representatives Tip O'Neill once
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said all politics is local, so even though there is a global event it takes place here in Ireland, so
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we're especially happy to have a number of eminent chairs and speakers from public positions
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here over the week, the Minister Kathleen Lynch has taken time off from a busy schedule top
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open today, Ireland as you know is at a difficult place economically but there is no going back
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on some of the profound changes especially in the disability policy, it's her he very difficult task
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to keep reform going ahead which is an uphill struggle as we try to regain our financial
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sovereignty.
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She is no stranger to Galway, she is from county Cork and she'll tell you, she'll probably even
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tell you the weather is better in Cork! So Kathleen you're very, very welcome. She is also going
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to towards the end of her comments, launch a book which is active citizenship and disability,
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implementing the personalisation support, this takes the concept of citizenship which is often
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dealt with in the abstract, to the next level, which is how do we re-imagine our welfare support to
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actually support people living the lives they want to live as distinct from the lives our social
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administration thinks they should live.
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This was our project the lead authors are with us today Andrew Power, Janet Lord and
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unfortunately Alison de Franco can't be here but you will see them all later in the week.
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We're also extremely fortunate to have with us on Wednesday one of our most eminent Supreme
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Court justices Mr Justice McMenamin, he will chair the debate over legal capacity Law Reform,
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at the end of the day the judges and others have to make very hard decisions, so it's great to see
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someone of his stature chair the debate and cut through the ideology to get to what is real.
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On Friday, this is a little change in the programme, the session will be chaired by the
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ombudsman of Ireland, Emily O'Reilly, as you will see, she is fearless, logical and probably in
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my estimation the best ombudsman we have ever had in this country.
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On Saturday the moot court competition will be conducted in the presence of our Attorney
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General Maire Whelan the first female Attorney General of this country, and indeed an esteemed
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graduate of this university. She'll also officiate at the handing out of the certificates at the end of
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proceedings.
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Of course this morning and the day will be chaired by Caroline Casey from Kanchi who you just
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met, many of you already know her from around the world. No-one, least of all lawyers have a
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lock over justice, one of Caroline's big insights is that business too has a large role to play in
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advancing the rights of persons with disabilities, I encourage you to talk to her privately if you're
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interested in that.
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We'd originally planned to have Margaret Brisco to open, but she is indisposed.
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Partly because it's intrinsically interesting to hear about failures as well as successes and learn
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from that, and partly to motivate the younger ones among you.
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We have privilege to have among us one of the other greats Rannveig Traustadottir, a real
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innovator when it comes to community living in Scandinavia and she agreed to keynote this
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morning, she is probably sweating there now as I say this!
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We're hoping it will be an interactive dialogue between Rannveig and one of our more
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remarkable young persons in Ireland, Joanna O'Riordan, about the past but also about the mutual
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hopes and fears for the future. Thank you both Rannveig and Joanna indeed for agreeing to do
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that.
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I will leave the thank you for the many, many people who made this week possible to later, but
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forgive me for singling out Elaine Keane who you just met, most of you have been in interactive
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dialogue with her via e-mail or otherwise and you'll know how fortunate we are to have her
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master minding the week, so thank you in advance Elaine and we'll thank you again as the week
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proceeds.
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So to get the ball rolling I want to quote from one of my favourite political entrepreneurs the late
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Robert Kennedy, who once said: Some men see things as they are and say why, I dream things
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that never were and say why not.
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Over to you Caroline.
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MS CASEY: Okay one of my favourite quotes of all time because it will falls in with that, it's a
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dangerous framing quote, I have always used it, it still sits on the wall in my bathroom, because
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like all of you we have these big dreams sometimes, people think that are imaginable, but this
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quote, I think keep this, because this week is about being dangerous, and the quote is very
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simple: All men dream, but not equally. There are those of us who dream at night in the dusty
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recess of our mind and we awake in the day and think it simply was vanity, there are others who
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dream in the days with our eyes wide open and we are the dangerous men.
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And the reason we're the dangerous men is dangerous people get stuff done. I'd like to think
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instead of being daydreamers we are dangerous dreamers and this room is full of doers and
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dangerous dreamers and we have to do. The time of talk something way gone and we know that.
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But we have a few dangerous dreamers sitting on this panel behind us, anybody who goes into
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politics is certainly a dangerous dreamer so with great respect, I think politicians get a really
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hard time and this is why I have respect for her, because I couldn't be a politician, and I admire
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anybody for the strength and current to get up and continue to fight for what they believe in.
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And Minister Kathleen Lynch is no exception. She is here as Gerard said to be our opening
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address but also to launch the book, but most importantly she is very dedicated to her very broad
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brief, as we heard Ciaran say. And her career in politics began back in 1994 when she was first
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elected to the Irish Parliament for the Labour Party. She was subsequently elected again in 2002
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and retained her seat since. In March 2011 the Labour Party formed new coalition government
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with Fine Gael party with an agreed programme for government including major healthcare
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reform.
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Kathleen Lynch is the Minister of State at the Department of Health and Department of Justice,
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equality and defence with responsibility for disability, equality, mental health and older people.
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I asked her is there anything else she wanted me to add into her Biog before she came to open
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and she did like to say she missed out on the opportunity of being Ms Cork! I don't know what
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that says about her, but it means she is an absolutely fabulous woman, lady, mum and politician
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and we are delighted to have her here.
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MINISTER LYNCH: It just once again proves what I have always believed, there is nothing
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confidential!
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Good morning and thank you very much first for inviting me to come along, and talk to you
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today but equally to thank you for coming to listen, I've always believed that this exercise is a
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two way street, that not alone -- my mother had a saying that said there is a very good reason
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why you have two ears and one mouth! You should listen twice as much as you speak,
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unfortunately in politics that's not what we do!
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Could I just say that the quote about Ms Cork is not about me at all, I told her this but then
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presenters never miss a good opportunity that's why she's such a good presenter, it's about my
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daughter who enter Ms Cork because the company she was working for had no-one else to go
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forward, she said sure look we'll have a bash, that's the type of family we are, we'll have a lash
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and enjoy it on the way. And every time now she gets more than three drinks let's say, and she
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talks about Ms Cork, a friend of hers says I know at that point it's always the case of taxi! And
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we talk about her in the context of, you were robbed! You were robbed! She wasn't, thank God
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she didn't make it!
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Could I just say that I'm absolutely delighted to be here and I suppose I talk in this way so freely,
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because despite the fact that Gerard Quinn and his particular department is internationally
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recognised and one of the leading lights in relation to disability, the law, implementation, UN
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Convention, it doesn't have that feel, it always has the feel of a comfort, generosity and
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welcome, and those of us who came to the field in relation to the law and implementation and
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the UN Convention, when we needed to learn about what this was all about, his generosity of
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spirit and his welcome embrace and -- he is not your typical academic you'll find that out during
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the week, typical academics start from the premise that you know as much as they do, so
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therefore you end up knowing nothing!
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Gerard always comes and starts on the premise that we're all learning together and let's start from
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the point of view of where are you at and let's start from there. And I think that's genuinely what
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brings me to Galway every time he asks me to come. And the fact that I'm here really to
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promote Cork!
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You probably gather in Cork we speak very quickly so you have to really take about three cups
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of coffee before you come here so you can get all of the jokes!
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Could I just say when I got this job first and it is a very wide brief, disability, mental health,
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older people and equality, that I was first asked would I be interested in taking on the post of
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Minister for Disability and because I had an interest in the area, not just from my own personal
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experience but because of my connections during my political life, I said yes absolutely, there
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are some things I would like to do, such as for instance assisted decision-making capacity which
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has been spoken about in this country for about 20 years now. And it was something that we
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need to push on.
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And moving away from institutional care, that needed to be pushed on. And we already had a
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very significant report on congregated settings in this country, but again it needed to be moved
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on. And we had an economic collapse, hopefully we're beginning I would say at this point to say
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that we're stabilised rather than in the outward stream but we are getting there as well. But that
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needed to be pushed on.
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I suppose when I got the job first it was very much about holding firm, the ship and getting
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something done in terms of the money that was available and the monies available are
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significant. And I always feel that if we use that money and target it in a way it should be spent,
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then I believe we can make significant progress.
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The assisted decision-making capacity legislation is completed; I would say completed because I
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know that it is going to government in the next week or two and it will be published very shortly
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afterwards.
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It has been deliberately published at this point so that people like Gerard Quinn and others who
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have an interest in the area can take a look at is it, a serious look, I always feel it's about tossing
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it up in the air and see how the pages fall and let's take a look at what falls out of that.
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In September we are going to have a day long symposium, a public symposium, to have the
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input from interested parties and when I say interested parties, I'm not talking about academics in
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the main even though they will have a huge input, but really the voices of people with disability
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themselves.
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I spent a lot of my early life in hospital on the flat of my back looking up at ceilings myself and
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Michelangelo had something in common, we both liked ceilings and maybe we both hate them at
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this stage.
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But anyway, the sense of helplessness that that gave me, you know, not being able to get out of
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bed and if you got out of bed not being able to move from the side of the bed, unless someone
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was there and prepared to give you a hand, that really has never left me, that really never left me.
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I don't talk about it very often, but in the event that those that know what happened do ask me to
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talk about it, I still talk about the sense of dread when the lift door in the hospital closed behind
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me and I still do have that feeling. I hope I never lose it, I know there are psychologists in the
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audience that would say listen we can get rid of that have in an hour or two, but no, I hope it will
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never leave me, because that sense of helplessness really is what is so important in terms of
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ensuring that people with disability have control over their own lives, and have the right to make
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mistakes.
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Which one of us here has always made the right decision? I know I haven't. I probably made
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more mistakes than anyone else. I have just been very lucky that there have been people around
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me that ensured that those mistakes were not enduring and that didn't have a profound effect on
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my life, that's really where we need to be, the right to make a mistake.
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And that's what it is about. The right to make the decisions for yourself and if those decisions
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are the wrong decisions, then there are consequences and those consequences are personal and it
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is about being personal.
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So that particular piece of legislation hopefully will bring us to that point, there are other things
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and I was smiling to myself as Gerard was speaking because you would imagine he would have
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written the speech, by the way it's an excellent speech, the officials worked very hard on them!
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And they do usually give me all the information I need -- I go over to Tony O'Reilly, not on
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many things, but on one thing I do go with him, he said one time that he could write his 20-
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minute speech in the morning but ten minutes off the top of his head could take him a week.
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So it is important that you have the research and in fact the type of structured argument that we
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need and that's what speeches are for. We also have a housing plan which we launched last year
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and that housing plan is to ensure that people with disabilities, and I include physical, mental,
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visual, all of the disabilities, that they now have a right to have their needs assessed in relation to
22
housing and whether that's social housing or otherwise they have a right to have that now, and
23
again accessing that right will be hugely important and that summer school will give people, if
24
you like the knowledge and the courage and the information in order to access that.
25
26
The other thing we're working on, and I see John Dolan in the audience from DFI which is the
27
Disability Federation of Ireland, which is an umbrella group for people with disabilities and
28
organisations, and they have an enormous input into lots of the stuff we do in government and
29
have always made a very valid and positive contribution.
30
31
We discovered in the implementation plan of the disability strategy, which there wasn't any
32
when we came to government. We couldn't understand why the disability strategy really had
33
stalled, everyone said it was the economic circumstances but in fact there wasn't an
34
implementation plan.
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2
A guy came into me the first week I was in the job he said we're very good in Ireland at the
3
research and at the glossy brochure, it's the piece in between, the implementation, the road map
4
that we're not good at. So we decided to put in place an implementation plan in relation to the
5
disability strategy and we have as I say the housing, we have the transport, we have all of that,
6
we have all that on paper.
7
8
There was a big huge hole in the middle of it, and it was employment. Somehow or other there
9
are certain groups in government who somehow don't feel that disability has anything to do with
10
them. Oh transport, yeah for people with disabilities? But you know transport came around and
11
transport has been very good, but employment now, is it social protection? Is it employment, is
12
it education and skills, which is it?
13
14
And I think that argument proved to me more than anything else that this is a whole of
15
government issue. People with disabilities do not live their lives in little boxes separated from
16
the rest of us. They live life in the community exactly where we are and they need everything
17
that we need every single day and that's really where we need to get. That sort of whole of
18
government approach, that every time a policy decision is made, that that policy decision has as
19
part and parcel of it, taking into consideration at no time needs of people who need a particular
20
service.
21
22
We are now about to reconstitute the group looking at employment, because that needs to
23
happen. We cannot allow people with disabilities to have poorer outcomes than the rest of us,
24
poorer educational opportunities, poorer opportunities in relation to employment and I'm struck
25
by what Gerard said in relation to industry and how we need to talk to them.
26
27
We had a conference during the Presidency in January about women and employment and funny
28
enough there are certain similarities. Women don't stay connected to the workforce as long as
29
men, for various reasons, it could be maternity reasons, it could be caring reasons, it could be
30
marriage reasons all those sorts of things, but because of that they are in greater risk of falling
31
into poverty in later life, because their social contribution is less.
32
33
It's exactly the same with people with disability. We nearly insist on them continuing to be
34
dependent. Where in fact as a social and economic contribution, as a contribution to community
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we would be far better off if we did far more in terms of ensuring that they have employment,
2
that they have better outcomes in relation to education, and it's that whole of government
3
approach, that need to ensure that it is person centred, that we are not just looking at, if you like
4
one silo or another.
5
6
When it comes to older people for instance, why are we still talking about chronological age, this
7
is just one of the things that I think that you give me the answer to at the end of the week! I
8
should be here with the answers, but in fact how could you miss an opportunity? Please, tell me
9
the answers, tell me the answers, why are we still talking about chronological age when what we
10
should talking about is what the person needs in terms of delivery of service.
11
12
So the book which I did get some time ago, and which the officials in the department keep
13
coming in and saying did you see that part, did you see that -- so books like this do contribute,
14
summer schools like this, which I believe is probably one of the biggest in the country, we're
15
good on summer schools in Ireland, not great on summers but we're good on summer schools!
16
17
The reason Ireland has so many summer schools is that it's indoors! We don't have to stand out
18
in the rain. You can be indoors.
19
20
So the book, this summer school, if you answer some of the questions I have asked, this summer
21
school, this book, Gerard Quinn's department, his continuous engagement, will in fact contribute
22
to how we deal with all of these issues in the future. It will make us think, it will challenge us, I
23
always say that we should -- I get this from my involvement in terms of the women's movement.
24
25
We always insisted in the women's movement, didn't achieve it, maybe some time, but that you
26
should be gender blind, it shouldn't matter when you're employing people, it shouldn't matter,
27
maybe we should become disability blind, recognising that people need supports, recognising
28
that they need certain additional supports in order to do other things, but apart from that we
29
should be courageous, we should be revolutionary when it comes to what we do. So they are the
30
questions for you.
31
32
I'm delighted to be here to launch the book, it is incredible, it does do what it says on the tin. It
33
does, it really does all of that. And I am not surprised that it came out of this faculty, not at all
34
surprised, this is a faculty that has been working in this area, diligently, and imaginatively for as
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long as I can remember.
2
3
When I first began to talk about disability Michael D Higgins who is our president now, said to
4
me you have to talk to Gerard Quinn, I said what? Oh yeah, you have to talk to Gerard Quinn,
5
Gerard Quinn is the guy you need to talk to. And he was so right. And as usual Michael D's
6
advice was perfect.
7
8
So have a wonderful week, the only thing I will say to you is when I was listening to Gerard I
9
didn't realise he played the accordion, I really go with the George Bernard Shaw quote and I note
10
we're quoting a lot this morning, actually my favourite quote is from Ginger Rogers, I could
11
quote from many philosophers but she's my favourite, when she said I don't know why they keep
12
talking about Fred Astaire I do every single step he does, but backwards in high heels!
13
14
I think that's some feat but George Bernard Shaw once said the sign of a real gentleman,
15
someone that can play the accordion but doesn't!
16
MS CASEY: Minister will it be okay if we ask Janet and Andrew to come down for a
17
photograph for the launch of the book? Are you around?
18
PROF QUINN: I don't know if Janet and Andrew with a want to say a word?
19
MR POWER: Thank you very much Gerard and thank you very much Minister for the launch of
20
this book and it's a great opportunity to combine this book launch with the start of this summer
21
school, because I think the two words that emerge from the summer school theme this year was
22
voice and choice, and really they were the two central pillars behind the work on this book, in
23
terms of looking at and trying to re-imagine the whole landscape of disability support, give
24
people with disabilities a voice and a choice of where to live, and who to live within a
25
community, rather than thinking about modernising services per se, but trying to think about re
26
enabling people in society and in a community.
27
28
So I was continually coming back to those two pillars around voice and choice. And when you
29
think about voice and how that originated within the disability community, thinking about
30
autonomy that people wanted in having their voice -- it wasn't autonomy in terms of wanting to
31
do everything by and for themselves, but it was autonomy in terms of having the choices in the
32
important aspects of their life and how they wanted to live their life.
33
34
So I would really just like to take this opportunity to thank Ger for an amazing opportunity to
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work on the detailed case studies in this book and to try and imagine how to actually try and
2
implement some of the central pillars across the jurisdictions. So thank you Gerard.
3
MS LORD: Thank you very much Minister for being here, thank you Gerard and Andrew for
4
the opportunity to participate in this project. It was the first collaboration that I was able to have
5
with the centre, it was wonderful and I learned a tremendous amount under Andrew's leadership,
6
so it was a real honour for me to be involved in the project and it really caused me to think more
7
critically about traditional theories of autonomy in this context and that's been fabulous and I
8
hope it presses my thinking about these issue of active citizenship and voice, I'm really looking
9
forward to the week, looking forward to learning from all of you and thank you again for having
10
me participate in the project.
11
MS CASEY: Can I say a huge congratulations and to Alison who is not here as well, anybody
12
who sat down to write an essay, let alone a book, amazing, congratulations, well done, it is a
13
mark of success, and a huge contribution, so seriously, congratulations on launching today,
14
really well done.
15
16
Okay well your accordion is going to be a serious part of this conference. But I love the quote
17
about heels and backwards, I love it, that's one of my favourite quotes, it's an awful lot to what
18
we have to deal with, but thank you so much Minister and to your point around employment, it's
19
one of my big passions the economic case, and I'm not sure we can look at employment outside
20
looking at the full inclusion as suppliers and consumers and members of the community, which
21
is the economic case and I am only too delighted to participate should you require our
22
organisation so it's brilliant to hear of getting that piece up again, it's of vital importance so thank
23
you very much to your comments.
24
25
Now we have the keynote address today, when I was talking to Rannveig, she was saying she is
26
a little nervous I don't know how she could be, what an experienced extraordinary author of 12
27
books and publications, amazing expertise behind her, but as she said her life is extraordinarily
28
busy, so we, whatever we can imagine you are going to say will be absolutely phenomenal,
29
Rannveig Traustadottir is a Professor and director at the centre of disability study university of
30
Iceland. Much of her research is disability and gender, social class, ethnicity, age and sexuality,
31
how they create multiple layers of discrimination and social ex pollution in disabled people's
32
lives, current research projects on childhood disability, poverty, social policy and UN
33
Convention on the rights of persons with disability.
34
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She has been one of the leaders in developing disability studies as a scholarly field in the Nordic
2
countries and is the president of the Nordic network on disability research from 2000 to 2007.
3
This is a very, very busy lady and we are genuinely so delighted to have you come here and give
4
us our keynote address, after which we'll have Joanna O'Riordan give a response and a really
5
open dialogue to get that first part of the day started. So you are very, very welcome Rannveig.
6
PROF TRAUSTADOTTIR: Thank you for this warm welcome. Well when Gerard asked me to
7
do this keynote, on fairly short notice as he explained, he asked me to do, to talk about myself, to
8
talk about my personal experience of trying to bring about change and I was very surprised,
9
because I'm an academic and usually we are asked to talk about theories and research on others,
10
not ourselves.
11
12
But what I have done is put together some snapshots of my life, starting with my first experience
13
of disability and try to draw out some lessons about what I have learned about what works and
14
what does not work, and what's important to know when you want to bring about change, so now
15
you have to join me on a pretty personal journey which is an unusual way for me to speak.
16
17
How did I become an activist? I've been an activist most of my life, it's just who I am, and my
18
work has very much been influenced by me being an activist and involved in these works so I do
19
have a number of photographs and I will describe what's on them for those who cannot see them.
20
21
My first slide says that we are all created in historical and cultural context, we are all products of
22
our parents whether we know it or not. And in my family context I grew up with a disability in
23
the family, and in my first slide here you see a picture of my parents and they are Augusta and
24
Trausti, they are all dressed up to going a reception with the president at the time, this was taken
25
in the 60s when I was with a child. The reason I show you this photograph is that around this
26
time my father, had a very serious work accident, he had high volt age electric shock from high
27
power and he fell down and the electric shock left his nervous system really jumbled up and he
28
was partially paralysed from the fall.
29
30
And having eventually six children to feed, I was the oldest, he became very depressed about not
31
being able to properly provide for his family, which was very much the role of the man at those
32
times, so I have always grown-up with disability since really I remember. But I never made this
33
connection with my childhood until much later after I had been in disability for a long time.
34
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So besides this close family context of my life I am also, I grew up in the 60s and there was
2
much wider social and political issues to deal with in the 60s, which started with the student
3
revolution and it was really a worldwide escalation of social conflicts, predominantly
4
characterised by popular rebellions against military, against patriarchy, against capitalist and
5
bureaucratic elites.
6
7
And this was the birth or a high point of civil rights movement and the women's rights
8
movement and following that came other movements, the disability movement, the gay
9
movement. And all of these movements, they were trying to fight oppression and demanding
10
equality and human rights for all.
11
12
I was very, very much like those of us who grew up in this era, influenced by this and was active
13
in particularly feminist and disability circles. Why do I raise this? Now, 50 years later, we have
14
the same social context, which I do hope will radicalise us and you.
15
16
In the 60s in the disability field we had an ideology normalisation, which guided our way, now
17
we have a Convention, which should guide our way. The pictures on the slides are all pictures
18
from the 1968 of the women's liberation and also a picture of military trying to stop people from
19
-- what is it called -- a tank, a big war machine trying to stop the protesters, so this is the cop text
20
I grew up in and the context of how and why I became an activist in not only in disability, but
21
disability is the field I work mostly in.
22
23
So when Gerard asked me to do this keynote, he said it's really important you tell them of
24
failures not just of success! We need to hear about what has not worked. So I'll start with two
25
stories, of trying and not succeeding to bring about much change.
26
27
Now here you see a photograph of the State asylum for the feeble minded in Iceland, this is the
28
terms used in those times. This picture is taken around 1960 and this was my first encounter
29
with disability outside the family.
30
31
A friend of mine, she suggested we would get a summer job at the asylum, I was only 15 years
32
old, this was 1966 and this was before normalisation came to Iceland. This was when this
33
institution was fairly new, it was established in 52, and what the grounds, where it was built was
34
former a Leper hospital, so you can see the images, what place would seem as proper for people
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with primarily intellectual disabilities.
2
3
You can see it's like a small village, no big buildings, Iceland is a small country, and you can say
4
that one of the problems in Iceland was that and the Nordic countries, was that institutions were
5
never very big and never terribly bad as in many other countries. But it was my first encounter
6
with disability outside my family, and here is another picture, it's the same photograph in the
7
background, but inserted in this picture is a photograph of a young man who is wearing a
8
straitjacket, it's a white jacket, his hands are tide behind his back.
9
10
When I first came into the institution this was seen as quite acceptable for people who were
11
violent, or who ate things they shouldn't eat or whatever. So not everyone was in a straitjacket
12
all the time of course but this gives an image of what this institution was like.
13
14
However, even if I didn't like the institution very much, I liked the people who lived there and I
15
went for a two year training as a care worker at this institution and I really wanted to change it. I
16
struggled very hard to try to change things in this place the years from 69 to 71 after I finished
17
my training.
18
19
And all these pictures are grown men in a garden outside the institution and they are in children's
20
play ground which was very common, people with intellectual disabilities were seen as eternal
21
children. As there is another picture of probably a teenage girl who is not very happy, and she is
22
probably too drugged to be able to really function properly, which was very common in
23
institutions at the time.
24
25
These two pictures are not from Iceland they are from the Burton Blatt collection, which has the
26
pictures exposing institutions.
27
28
So what did I learn from this experience? Well I learned that you cannot change the institution
29
on their own. I was pretty much on my own, there were other people who didn't like what was
30
going on, but I really didn't have any allies, and the management of the institution really didn't
31
like me, they didn't like me at all.
32
33
You really also need to organise and you need to have a plan. I didn't have a plan and you need
34
to have the vision and the knowledge of so what else it should look like and I really didn't have
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that, this was before normalisation came to Iceland. I just tried to make life better for people
2
who lived there. I tried to get toys for the kids, but it didn't matter then really, except in the
3
every day interactions between me and the people who lived there.
4
5
I didn't have any resources, but my God I was 20, I didn't have any authority and no-one really
6
listened to me and I did not have respect. I was seen as one of the hippies of the time. So this
7
was not the place, but I tried incredibly hard, I think I lost 10 kilos in my struggle there, but it
8
didn't work. So these are the lessons from that time.
9
10
So next stop, I still thought we could maybe change the institutions and make them better. So I
11
went to work in a small, nice, modern good institution where there were mostly children, it was a
12
little outside Reykjavik and there is picture, it was a small village and it had very nice thermal
13
swimming pool and it was a very different feel than the bigger, older institution.
14
15
So still there wasn't really much for the children to do. There wasn't much programming, the
16
older people, there were not only children, the older people who were 20 and older they did
17
crafts, but the kids didn't really have much to do. So there was a new director who came to work
18
at this institution, the other director left to head up another disability programme, and there was a
19
lot of young new staff and we all shared the vision of doing something better and nicer and
20
particularly to have some more education and training programme for the children, so they
21
wouldn't sit around all day and bang their heads on the wall.
22
23
But we didn't have the board with us. The board was a collection of old people, some of them so
24
old they had to be supported to be able to walk into the board meetings. And you can see there
25
is another picture there, it's of the children who were outside the institution, and these are
26
actually children who were there when I was there, they are now more than middle aged, but I
27
still know some of them. They are sitting on the ground, not much to do.
28
29
Sop we decided that between 8 in the morning and 4 in the afternoon all the children would be in
30
small groups with two people, they would wake the kids up, give them breakfast, they would go
31
and do activities together, like school like activities, arts and crafts, go for walks, same people all
32
the time.
33
34
We thought it was excellent, we were really, really proud of what we were doing. We had
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organised the whole thing. But the board didn't like it. They banned us from doing this. They
2
even sued the director for spending too much money, so this attempt, even if we were all of us
3
except the board really focusing on doing this, it did fail.
4
5
The parent supported us, but in protest at the end of this trial almost all of the staff left in protest,
6
it was incredibly emotional, incredibly difficult. And I'll tell you about some of the lessons I
7
learned from that.
8
9
This was my -- this was when I really became seasoned in activism; it was with this group of
10
people trying to change this place. So what I learned is that resistance to change is really
11
unpredictable and it can be very unexpected. It was very unexpected that the board had such
12
resistance to this change, which was clearly for the better.
13
14
So what we learned is that even if you have allies within the institution and you have the support
15
of the parents, you have a plan, you have a vision with help like the normalisation, so we had a
16
vision of what to do, we had resources and we even had powerful allies in the government, the
17
Minister and the Ministry of social affairs supported us, and they even offered, because it was a
18
little more possible to do it this way than the old way when kids didn't do nothing all day -- the
19
Minister offered the board that they would look at this as a development project, a demonstration
20
project because nothing was being done like that in any institution in Iceland, not that we had
21
that many, but it was something very new, so they offer to give the institution extra money to
22
cover the extra costs.
23
24
So we had money, we had all the good reasons, we had justice on our side, we had everything on
25
our side except the board. So and they had the power, they said no we don't want your money
26
they said to the Minister. There are still powers that can stop you. So I tell you, be aware of
27
who has the power to stop the change you want to bring about and timing can be crucial.
28
29
If we had been a couple of years later this would have been different, very different. What made
30
the main difference was that who invests a lot in institutions or in whatever place, whatever
31
services.
32
33
So I learned a lot about the investment people make in institutions, there are all kind of
34
investment, the economic investment, but there is a lot of emotional and personal investment.
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So what this was, there had been one director from the start, which the board adored, they loved
2
her, they adored her, they wanted to keep the place as a monument of her achievements because
3
it was a good institution and she fought against us with the board. So don't underestimate the
4
personal and emotional investment people have made in particular kind of services, which of
5
course become outdated. Ways of doing things always become outdated.
6
7
So the institution was a monument of her glory and it should stay unchanged. And more
8
generally there are groups that have investment; professionals have investment, parents, the
9
founders, politicians, etcetera. And strongest investment makes really people gloss over horrors
10
and deny inhuman treatment. It was inhuman treatment to have kids sit around and do nothing
11
most of the day. But because they had so many other investments in the institution, they weren't
12
there during the day either the board, so they just glossed over it.
13
14
So my conclusion here is that there are strong forces against change usually. This institution,
15
and for that matter all kind of other services, that desperately needs changing today. So I hope
16
you get some lessons from change for today, because we still have a number of institutions and
17
some of them are even seen as good, but I tell you, at this point I started very seriously to doubt
18
if you can change an institution.
19
20
So more lessons I learned there was that if you want other people to listen to you and your
21
arguments of change, you need to be knowledgeable about your cause, it's not enough to just
22
have a burning desire to reform. You have to have the credentials to make people listen to you
23
and acknowledge your authority. So what do you do then? My answer was more education.
24
25
So in re grouping, I did a number of things in between and then going to university, which I'm
26
not going to go into. But I decided that if I wanted to change things I needed to know more, to
27
have a better education, so I went to the university of Iceland and learned sociology and
28
philosophy, mostly I tried to study feminist research because there was no disability research,
29
only in medical department was there anything about disability, so I didn't have an interest in
30
that.
31
32
So the university was very isolated from the real world, but I learned a lot of good theories and
33
wrote feminist papers which not all the Professors liked very much. And after that I went to the
34
place that really informed my way of being today, this is Syracuse University and the centre on
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human policy there, I was there for six years doing doctoral work and all kind of stuff, that's
2
where I learned disability studies and I also did quite a bit of women's studies.
3
4
On these pictures are very important mentors, which influenced me in Syracuse, sorry they are
5
all men, but that's what the world used to be like, so we women are taking over as you can see by
6
the Minister and me and -- you know.
7
8
So it's Burton Blatt who founded the centre of human policy and is really well known
9
internationally for being a visionary and advocate for change. And Stephen Taylor my academic
10
advisor and Gunnar Dybwad, a German born lawyer and social worker, he also was a great
11
inspiration to me and his wife was. And then Wolf Wolfesnberger one of the key leaders of the
12
organisation, movement I should say, all of these men who were pioneers in what you could say
13
the institutionalisation and normalisation movements and if you don't know them I encourage to
14
you look them up, they are really very great visionaries.
15
16
The only one who is alive still is Steve tailor but I consider myself incredibly lucky to have
17
gotten to know them and learn from them.
18
19
So the lessons from Syracuse was that academia can be a place where people work for social
20
change, that was not the case in Iceland. When I was at the university of Iceland it wasn't like
21
that. So within the academia I met really important visionaries for change and they advocated
22
for change and they were allies, closely connected to activist movements.
23
24
And I learned that research could be used to bring about and support change. A lot of the
25
research originally done in Syracuse was exposing the terrible conditions in institutions to try to
26
get them closed. But also when I came there, they had focused their view and attention to the
27
community and I took part in many studies, including one which identified and studied what we
28
call promising practices which were community services identified by disabled people and their
29
families as helpful and empowering.
30
31
We wrote these up and critically analysed them and then we published them just really quickly
32
and it influenced a lot of people in the field who were trying to do good things but didn't know
33
how to do it and wanted to learn from others and it was also incredibly supportive for the people
34
trying to bring about innovative services.
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1
2
The most important lesson I learned in the US was that activists and academic people could
3
work together towards change. And here is a picture of two of the people I met in Syracuse this
4
is Ed Roberts who worked closely with a lot of academics including in the centre, he is often
5
titled the father of independent living. If you do not know about Ed Roberts I suggest you look
6
him up and get to know him. He is the person who initiated independent living, which is now
7
gaining wind all over the world.
8
9
So he was a lovely, lovely man. He was scheduled to come to Iceland in 94 and 95 but he died
10
unfortunately before he could come there. And Judy Heumann who has also been a very strong
11
leader for change and especially for the rights of disabled women, and she is still going strong, I
12
met her not very long ago and she is a very powerful woman.
13
14
So how do you like personal stories? More fun than theories? All right! Maybe we're on to
15
something here Gerard!
16
17
Okay so I went back to Iceland, I loved being in America but it was not my country and I wanted
18
to go back to Iceland. The first group I worked with really for change was not the disability
19
movement but the lesbian gay movement in Iceland who asked me to work with them. And we
20
worked incredibly successfully towards changing family rights for gay people in Iceland it was
21
great fun to work with them and very successful.
22
23
So the struggle for gay family rights in Iceland, because people come there from all over the
24
world, it has been relatively easy, it has been carried out in co-operation between the gay
25
community, academics and a generation of young parliamentarian who is came into power after
26
1990. It has been supported by all political parties and the general public. And family rights
27
have a strong support particularly of the younger generation in Iceland and in the Parliament.
28
29
So the lessons, I learned a lot of lessons from that, first of all they had really clever leaders, the
30
gay community had wonderfully clever leaders, who did strategic leadership, very strategic.
31
They gained the support from all political parties, they collaborated with the Ministries, they had
32
two major committees initiated from the gay community about looking into the situation and
33
human rights of lesbians and gay men in Iceland, and what could be done to improve and bring
34
about full human rights, and these committees had incredible influence and the gay community
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was very much -- had members there and was quite successful.
2
3
Also the publicly appointed members of these committees didn't want to go as far as the people
4
from the gay community and when it came to the Parliament the Parliament went with the gay
5
community not with the members on the committee which was quite surprising.
6
7
So one of the things that makes change easy in Iceland is the short social distances and easy
8
access to politicians. I could call almost any politician in Iceland, any Icelandic person can call
9
any politician, it's just very short social distances. But there were also social contacts, personal
10
contacts and family relations, there was a gay person or disabled person in all families so people,
11
these family relations are really important.
12
13
Also friendships, school buddies and drinking buddies a lot of gay people are pretty gay, like to
14
drink, have drinking buddies, those personal contacts -- we can drink here too he says!
15
16
What was interesting for me, this was my part in this, it was research and scholarship. So we
17
had done some research on family life for gay people. We had a Minister of Justice, which was
18
pretty conservative and she said well we really have no evidence, maybe children, they will be
19
damaged by being raised by lesbians and gay men. So we went to committee meeting at
20
Parliament, social affairs meeting, that was obviously in the bill and she was dragging her feet.
21
We came with a number of books and bags and we piled these books and we said all of these
22
books they show that your sexual orientation has nothing to do about what kind of a parent you
23
are.
24
25
And because people think lesbians and gay men may not be very good parents then they try extra
26
harder so they are usually really, really good parents. So there is no scientific evidence against
27
it, it's all for it. And that was what really made the difference.
28
29
Also there was easy access to media and easy to get information out. So this is a success story,
30
finally.
31
32
I'm running a little over time here I think, so we established disability studies in Iceland in 2003
33
and I tried to, we tried to create alliances between disabled people's movement and disability
34
studied in the 1990s when I first got back, but mostly disabled people movement in Iceland was
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1
not open to disability studies or new ideas or understandings of disability. The disabled people's
2
movement did not prioritise research with an exceptional few individuals actually, and it was
3
difficult to attract disabled people to disability studies and they were not very interested in
4
collaborating with us.
5
6
And the reason was of course that traditional research has a view of disability from an individual
7
and medical perspective as a negative aspect of human diversity and as a personal tragedy. And
8
the researchers have often in the past taken non-critical stand of scientific objectivity and thereby
9
recreated, studied conditions in institutions from a non-critical perspective and reaffirmed
10
pathological understanding of disability and disabled people and victimizing and discrimination.
11
12
So no wonder disabled people were suspicious of people who said we are doing disability
13
research, we want to work with you. So it was quite understandable.
14
15
Another conflict is that disabled people's organisations want small scale practical studies that
16
support political activism that they want to fight for at the time but academics want to and are
17
expect to and really have to, do studies that are large scale or in depth, studies done in an
18
international context and collaboration. And small-scale practical research does not count for
19
much in academia. So there are conflicts there.
20
21
So the lessons I learned was that it does take, it took us a long time to build alliances with the
22
disabled people's movement and earn their trust. But I also learned, it was my conviction from
23
the beginning that collaboration is essential and will benefit both academics and disabled people,
24
activism without sound knowledge is not effective.
25
26
Disability research without being grounded in disabled people's lives is really a joke so we really
27
need each other, we have to work together.
28
29
So today I happily can report that we have a very strong alliance with the disabled people's
30
movement and my comrades in Iceland will recognise themselves and other people in these
31
pictures! Since the mid 2000s, we have a strong collaboration now and disability studies and
32
disability movement and we collaborate on research projects, this is one of the conferences we
33
had recently with politicians, we had parliamentary politicians and we asked them to come and
34
say so what will you do about the Convention if you will be elected? So they all had to say we'll
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support the Convention, we'll ratify it.
2
3
So we have worked really closely now lately about implementing this CRPD in Iceland.
4
5
I just want to finish and I'm sorry I'm five minutes over time; I just want to finish on one
6
interesting, important note. It's about what I have found is one of the greatest barriers to change,
7
it's cultural images and I'll show you an example from Iceland.
8
9
We have a very, a world famous photographers Mary Ellen Mark, look her up, she has awards
10
coming out of her ears, she is a wonderful photographer. She came and she took pictures of
11
disabled children in special schools in Iceland and she had an exhibit in the most respected
12
museum in Iceland the national museum an exhibit of picturing these disabled children and it
13
was called Undrabarn which means wonderchild and Undrabarn is like wonderland, in England
14
it was called extraordinary child, which is a term used by cultural disability scholars who look at
15
freaks and people with unusual bodies.
16
17
And these two pictures that are on this slide they are the pictures that are used on the website of
18
the national museum to promote it, because you can ask -- you can ask for it to be put in your
19
neighbourhood, and the first picture is taken from a swimming pool, it's a girl floating around
20
like a water fairy, floating around dreamy eyed she is in a wonderful, another world, and this is
21
really promotes an image of disabled children as different, in their own world and sort of floating
22
around in wonder land, not belonging to the world we usually know.
23
24
The other picture is of three children with very strange costumes, mimicking animals and
25
flowers which is very common imagery, especially people with intellectual disabilities are seen
26
more -- these people are called vegetables not quite human, this promotes that image. The other
27
thing anyone here who knows Diane Schaw a world famous photographer, made world famous
28
by her freak photography, this could be one of her pictures so it's a reference to freak
29
photography. So this was an incredibly problematic recycling of stereo -- old stereotypical
30
images of disability and disabled children that legitimised exclusion of disabled children.
31
Everyone in Iceland loved it except me and a few -- but the elite loved it, oh it's so good to see
32
pictures of these poor kids.
33
34
This is how, this is why it's so hard to bring about change because we get re-ed with these old
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stereotypes all the time, it's very seductive for those who don't know better.
2
3
I conclude by saying last three things. When working towards change in the field of disability
4
be aware of the many barriers to change. I think there are more barriers to change with disability
5
than with any other marginalised or powerless group and I have worked with a lot of groups that
6
I am talking about here.
7
8
And why, why is it so hard to bring about change to disability than with other groups? For
9
example the gay and lesbian group? It's because disability issues are tied up with powerful
10
service systems, powerful professional groups, benefit schemes, medical authorities, drug
11
companies and other powerful forces. These are not the same forces for example in the gay
12
community, that's why it was much easier to bring about change with the gay and lesbian
13
community than with disability.
14
15
And I also want to tell you to be aware of the strong negative degrading cultural stereotypes and
16
images of disability in literature, film, art and media. And I think if we are going to make any
17
changes, this is where you really have to focus our energy in the future and not just on services
18
and policies.
19
20
So sorry to be over the time, but thank you. This is all.
21
MS CASEY: Rannveig thank you so much, that was superb and I can't imagine if you had
22
longer time what else you would have given us in your presentation, really, really wonderful.
23
24
I think what you captured is your combination of that personal story and the expertise which
25
supports everything that you are speaking about.
26
27
I have to say just in reference to the photography, I know that the work that you are speaking of,
28
and I do think that you are right, some of the visual imagery is such a part of the discrimination
29
that exists, but if there is one thing that keeps coming up again and again in the presentation of
30
yours is collaboration, having a plan, having a common vision, being aware of where the
31
problem comes from and being able to share a commonality and that multi stakeholder, multi
32
investor view, is how can we together find a way forward, just fantastic, a really wonderful
33
presentation, thank you so much.
34
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1
Now we have an equally wonderful presenter to give a response back. We are absolutely
2
delighted to have here today Joanna O'Riordan disability advocate for young people I'm going to
3
read Joanna Biog, she was born on 24 April 1996 with a rare physical condition known as total
4
Amelia, this means that she has no limbs and even though there is no medical reason as to why
5
this has happened Joanna and indeed her family never allowed it to hold her back.
6
7
Joanna has overcome many barriers due to her disability and in 2011 she single-handedly got the
8
Irish government to reverse a budget cut they planned to make to people with disabilities. Since
9
then she has spoken to some of the world's leading women in technology and UN in New York
10
in September 2012, she received young person of the year award from rehab Ireland. She is
11
currently making a documentary on her life entitled no limbs, no limits, which is said to have a
12
world premiere at the Cork Opera House in October 2013.
13
14
You can follow her via Twitter and please do and Facebook at no limbs no limits. I just want to
15
say when Joanna was on The Late Late Show here in Ireland, as I have referenced we do a lot of
16
work with business leaders, we were inundated for literally a month afterwards saying we want
17
to meet Joanna, we want her as our consumer customer. She is a powerful voice for change and
18
we are so delighted that you are here to join us today.
19
MS O'RIORDAN: No pressure after that slide show!
20
21
Good morning everybody my name is Joanne O'Riordan and firstly I'd like to thank Prof Quinn
22
for inviting me here today to speak with you. As you can see I was born without my limbs but
23
my motto is no limbs no limits.
24
25
There is no medical explanation as to why I was born this way but I or indeed my family have
26
never allow it had hold me back. I am literally only one of 7 people in the world living with this
27
rare physical form and I can safely say it does not make me different. It simply just makes me
28
unique.
29
30
The theme of this week's programme voice and choice is incredibly apt from my point of view.
31
When I was born in 96 there was no medical help available to me, that was sufficient to my
32
needs. For an early age I had massive reliance on the use of technology, technology has opened
33
up a world of possibilities to me.
34
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1
My family have been a central role in ensuring that I live a very happy and independent life.
2
This allowed me to excel in both education and social environment. Could I have easily ended
3
up in an institution like the ones shown from Iceland, I don't want to be shipped off to Iceland --
4
never realising my full potential. It is in that instance I have been incredibly lucky to know I had
5
the support of my family and wider community when I was born.
6
7
Living with total Amelia is an extremely challenging disability. It is not easy to wake up every
8
morning and rely on somebody to get you out of bed, make breakfast, change your clothes or get
9
you ready for school on a regular basis. For the most part do I not allow this distract me as I
10
want to live a life independent and free with choice.
11
12
As someone who lives with a disability every day of my life I extremely understand the
13
importance of the theme voice and choice, we all have a choice to use our voice but I know there
14
are many people out there who are too afraid to do so or simply not given the chance.
15
16
Imagine living a life whereby you need someone to help scratch your nose, rub an eye or simply
17
move from place to place. Imagine living a life where people freely and openly try to
18
discriminate against you day after day. When I was younger we had enormous difficulty in
19
transforming the local environment around me, it took years to convince our local County
20
Council to ramp public buildings or footpaths.
21
22
Further to that there was no wheelchair spaces in town until one day we as a family decided
23
enough is enough. For far too long people with disabilities have stood on the fringe of Irish
24
society, we have been neglected and forgotten by the very people here to help us.
25
26
What people don't seem to realise is that we are all born with disabilities, it is just some are more
27
on why is than others. We all have a role in society and each of us should try to make life easier
28
for others not harder. I know from meeting other people with disabilities that they feel they do
29
not have a voice and/or choice.
30
31
This should never be the case and certainly in the instance where one has a greater disability or
32
reliance on another person to assist them in never day living. I have never taken my life for
33
granted while I appreciate everything my family do for me I live each and every day with the
34
attitude that I can and will succeed.
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1
2
This is why in 2011 I decided I was going to try and do something to help people with
3
disabilities in Ireland. I felt at the time that we had no voice and I knew I had the power to
4
change this. I took on the Irish government and got them to reverse a cut they were going to
5
make to a disability payment. It soon became apparent that my approach and my choice were
6
very welcome and refreshing to the wider public. This has had a lasting impression on how
7
people view my disability and me. It has resulted in so many positive things happening in my
8
life.
9
10
I was invited to New York by the UN to address the world's leading women in technology. I
11
was asked to challenge the world to do something for me and I saw this as a great opportunity to
12
enhance my independence further. The task was simple and challenge some deem impossible, I
13
have always wanted a robot and I knew this was my chance to get people thinking it worked.
14
15
I see this robot as my hands and legs and I see this robot as a way of giving me independence to
16
live a fuller and more rounded life. I can't rely on my brothers and sister, mother and father all
17
my life and I certainly don't want to end up living in a home.
18
19
Life is about living and just because I have no limbs does not mean I will be limited. Lots of
20
people seem to think that if you have a disability you should be seen and not heard, they think
21
we sit in a corner all day every day watching the world go by pretty much voiceless. I can
22
certainly say in my life and I hope in the life of others we do not allow this false perception to
23
take over.
24
25
As a society we cannot become complacent and we need to ensure that every citizen not just in
26
Ireland, but across the world is treated with the same level of respect irrespective of their ability.
27
We should be empowering every individual to be the best that they can be, we should encourage
28
an ethos of independence in both mind and physicality.
29
30
We all deserve a quality of life that is fair, just and efficient, there are many challenges we face
31
in life but the biggest challenge I face is the fight to remain independent. Believe it or not I can
32
do most things any able bodied person can do. I can send texts, tweets, update Facebook status
33
and do my homework with a flick of chin, top and bottom lip and my left hand as I like to call it!
34
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I have been given the chance in life to explore the world around me and with it I have taken on
2
the world to make my own journey through life. Yes there are times when I'm down, yes there
3
are times when I fail, but like most people I do not see failure as a limitation, I see it as a barrier
4
I can and will overcome.
5
6
This is why it upsets me to think people can never see beyond the world disability in order to see
7
our through ability. I like my brothers and sisters play my play station, Nintendo DS, iPod, iPad
8
and laptop. I can type -- I'm so good at FIFA it's ridiculous!
9
10
I can type 36 words a minute; for someone with no limbs that's an incredible achievement itself.
11
Just imagine if we woke up to a world where disabilities were the normal, imperfections were
12
embraced instead of judged. My imperfections have allowed me to be a better person, nor
13
knowledgeable and greater understanding of what I want in or need in life of before I came here
14
I looked up the Irish Proclamation, and there is a part that's fundamental, it's a phrase to be used
15
and seen in every school, workplace and home throughout Ireland it says "we as a country
16
should cherish all of the children of the nation equally". The society I currently live in does not
17
promote this value. I seem to live in a country that is obsessed with segregated and isolating
18
people. We appear so self-conscious on what we can get or ourselves we forget about others
19
along the way.
20
21
I can safely say this is not a society I want to be part of. I want to grow newspaper a world that
22
is inclusive, not just for me but for everyone. I could have easily fallen into the trap of being
23
taken to a special needs school but my family went against this. I have attended mainstream
24
school from the age of 4. It empowered me to know and ultimately understand that I am not
25
different, I am just the same as everyone else, like everyone else I want to be the best I can be.
26
27
Limbless or otherwise, I know that I have something to give my society, and I know that if I am
28
given the chance I will. I'm glad to say I have never been excluded from any activity and my
29
friends have always included me in their lives. I often think how lucky I have to have that in my
30
life.
31
32
People seem to measure equality in different ways and more often than not it is the people at the
33
bottom who are perceived to be the weakest that suffer the most. If we stop to think and listen to
34
these people and what they have to say maybe these are the individuals that would enlighten us
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to a world of possibilities that has no limitations.
2
3
I like to think I challenge everyone to see beyond his or her limitations, I wake up every day and
4
think to myself if I can do this now what is it that I will be able to achieve in the future? What
5
we all want to live a life that has meaning and fulfilment, some people have to fight harder for
6
that. This is why I was delighted to win rehab young person of the year award in 2012 for me it
7
was an acknowledgement that let me understand that what I am doing is worthwhile and people
8
with disabilities can make a change.
9
10
We all have a responsibility to ensure the law we pass are inclusive for every individual. People
11
are disabilities should not have to fight for the right to be independent, people with disabilities
12
should not have to live in fear or anxiety, the legislators of our country and the people who have
13
the power to protect us should be ensuring that any law which is passed is a progressive one that
14
will enhance the quality of life not take from it.
15
16
In the last few years we have seen how the Irish government have been Ruthless in trying to cut
17
mobility allowance, disability payments, special needs assistants along with other important
18
tools which help us to be independent. People need to stop and think of implication that is this
19
will happen, not just on me, but other people like me.
20
21
I will ask anybody here today to walk a mile in my shoes and if you read the book how many
22
miles to Babylon as my teacher would say, do an Atacus Finch and just walk a mile and when
23
they do so they might realise the significance of the saying.
24
25
People all over the country crying out for change but it can only come if we allow it, my aim in
26
life is help make that change and this is why I want to become a journalist when I'm older, I see
27
this as an out let for my voice and voice of others with disabilities to be heard, change is
28
instrumental for allowing us all to live a life equal. It is such a pity those lifted to office or serve
29
as TDs cannot see this too.
30
31
If there is one thing you can take from me this morning I hope it is this, there is no obstacle in
32
life only you. We all have the power to make a change, it is just that some need more help than
33
others along the way. Thanks very much for listening to me, I hope the Cork accent wasn't too
34
strong!
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MS CASEY: You can see why Cork is such a powerful part of Ireland!
2
3
Listen we are going to, I know everybody is dying for a cup of tea or coffee we'd love to open to
4
the floor, we have two fabulous speakers here, I'm sure you have some questions you'd like to
5
ask, so as I said, I can't see you, but if you like to shout out or we can run around with a mic, just
6
to feedback or comment for either Rannveig or Joanne, would anybody like to begin? I can't
7
even hear a shout out, come on guys, come on, there must be something.
8
SPEAKER: Hello I'm from Olobar from an original independent living organisation. You
9
mentioned the easy accessibility to media in Iceland, but you also finished with talking about
10
stereotypical writing about disability in media. How do you deal with that challenge? How do
11
you make media speak another language than the traditional media language?
12
MS TRAUSTADOTTIR: Well I think first I'd like to say that I think these negative images are
13
incredibly powerful and they reinforce negative views and justify bad treatment of people and
14
discrimination.
15
16
So I think presenting more a positive media images and stories about people as vital citizens as
17
people who can achieve and I think that's very, very important. I think we need to get to the
18
work with the journalists, work with the media to help them identify ways that are unacceptable
19
and identify better ways.
20
21
The journalists I have talked to, they really like to do it right, but they also, other journalists also
22
want to sell newspapers, so they sensationalise disability a lot. So it is a long struggle, but a lot
23
of it comes from the disabled people's movement too. All the charity images, buy our things,
24
you know, give money to our cause, poor, poor us. So it's not just the media, it is not just out
25
there, this is something that the disability movement really needs to look at.
26
27
But I say Joanne, when you have become a journalist you will be really helpful in changing these
28
images!
29
MS O'RIORDAN: That was part of the answer, I was just going to say you've nearly said
30
everything.
31
32
I do agree that it's important that we get a good public image out there, because the image that
33
people always see is the poor us, oh look at them going down the street don't they have a sad
34
life! No we don't have a sad life, you have a sad life for thinking we have a sad life!
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1
2
But again it all just depends, we need a good person to be out there and promoting the good side
3
of it, not just anything ridiculously negative like oh feed me I've a disability blah blah blah.
4
Who cares? Someone like that came on TV I'd turn off straight away so I can't imagine anyone
5
else...
6
7
And as well you know, hopefully when I am a journalist that I can hopefully help in the future,
8
even though I want to be a TV presenter maybe I'll try that way as well, I'll have you on my
9
show!
10
11
So hopefully we can end up becoming a duo, Iceland and Ireland, we can enter the Eurovision!
12
MS CASEY: Can you sing as well?
13
MS TRAUSTADOTTIR: One more thing to say, the UN is a way of this the UN has employed
14
people in the public relations department to work with people in trying to produce better images
15
of disability, so we need to work at all levels, not just the media it's also us.
16
17
Ashoka has considered art, beautiful art. But we need to work on very many different levels.
18
MS CASEY: Your point resistance for change comes in different places in the way people with
19
disabilities are portrayed in media and disability arts and culture where do you think it's coming
20
from the disability community or outside in broader fields? Where is that change?
21
PROF TRAUSTADOTTIR: We all grow up learning that, what the world is like. When I work
22
with people in the gay movement they all were raised to be heterosexual so when they found out
23
they were gay -- we all learn when we grow up disability is terrible, a personal tragedy, disabled
24
or not disabled we all learn that. But like Joanne, she has defied these images so we need more
25
people to do that, disabled people, but also all of us need to try to promote a different
26
understanding of disability.
27
28
The medical individuals have a way of understanding disability is so ingrained in all our cultural
29
fabric and we really need to change that.
30
31
Ms Casey. Joanna, I want to just come back, you are clearly confident having your own voice,
32
what do you think -- how did you have the current to have the choice, is it just who you are,
33
because of your family, because of who surrounded you, you have a group of people here, how
34
can you best encourage other people to have the same voice you had or the courage to have that?
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MS O'RIORDAN: I think it's just who I am, I always started an argument at home, whether why
2
didn't I get the salt first or something like that. I'm always arguing a stupid case for no reason, if
3
I'm wrong I'll still argue the case. Stubborn.
4
5
As my teacher says, if she is wrong just always remember she will be right in the end.
6
MS CASEY: That's the other thing about Cork people, very stubborn.
7
MS O'RIORDAN: But either you are ridiculously shy or ridiculously confident in yourself and
8
it's up to you. You can go to millions of psychiatrists and help you gain confidence but it's just
9
built into you in the end.
10
11
My friends couldn't stand up here now and have a massive discussion with you on everything, if
12
it was about One Direction or Ollie Murs they could, but you know it's what you are into, if you
13
asked me to sing I'd say no to that and run into a corner, even though I used to try and sing when
14
I was 8, but never mind!
15
16
But still, I suppose really it's just to be confident in yourself. Because if you are not really
17
confident in yourself you can't start from there. So it's just like yourself and look in the mirror
18
and always be happy with it.
19
MS CASEY: We can all have voices in different ways, Rannveig, the power of academia when
20
you went to Syracuse University, there is lots of different ways of having that voice, it doesn't
21
necessarily need to be a present error journalist, but to use that voice in a different way and the
22
power change you saw when you were in the academic world, is that still carried through and
23
using those collaborations so that's hugely important. Did anybody else have a question or
24
comment?
25
SPEAKER: Hello my name is Verit Vega coming from Norway from a human rights
26
organisation stop discrimination, thank you both of you for excellent talks and sharing with us.
27
28
I do really agree van have I gone in your, when you are saying that the DPO, the disability
29
people organisations they are to blame really a lot, and it's the same in Norway too, many of the
30
organisations they want to have a portrait of a disabled person or their work without thinking
31
about how this will form the attitudes of the recipients.
32
33
They really should do a lot more to think about how they promote themselves and their work and
34
the people. Many of the organisations they are very satisfied that the press just portray a person
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1
with a disability without anything, without anything promoting a case or accompanying this
2
portrait, it's just a portrait, they do not learn that this will be time after time after time, you will
3
have these tragedies, you will have this heroic portrait, without anything else, without anything
4
else, just to be seen as you said Joanne, we are not to be heard, just to be seen. And people can't
5
have enough to look at us.
6
7
But what I have wanted to share with you was what we have done in Norway or have been very
8
lucky to be able to do I should say, because in context to the school educating journalists, stop
9
discrimination are giving lectures every year to new students in, studying journalism and talk
10
about both the language they are using, the way they portray and the way they are thinking about
11
these people and we learn them about how we are using examples from the media to present to
12
them and let them discuss for themselves, how they feel about it, how they can be part of the
13
changing of the attitudes.
14
15
So that has been really, really good to be a part of that and it's possible, so I would say that
16
organisations should try to get in touch with educational journalists and try to get into the
17
schools and educate young people, because I think that's the future, that's our hope.
18
MS CASEY: That's to get into the colleges training up the journalists as part of their
19
programme?
20
SPEAKER: Yes I know it's not easy because we have tried in the Norwegian DPOs we have
21
tried for many years, so it's always a question of a person you meet an we met a very famous
22
person on the college and the university in Norway, she is famous in Norway and she suddenly
23
understood how important this was.
24
25
So actually it's due to that person's insight that we came into the, and could be part of the
26
lectures, yes.
27
MS CASEY: Thank you very much. Anybody else to comment?
28
SPEAKER: Hello I come from India, I am Sanjay I teach in Ilis law college. My question I may
29
be wrong in pronunciation, the first speak, can you throw some light on normalisation for me?
30
MS CASEY: Can you throw some light on normalisation movement?
31
SPEAKER: And second question to the second speaker, how to create ambitions in disabled
32
people, because in India I find just as there is a problem with negative perception about disability
33
there is also a problem among disabled themselves, they lack ambition, so what do you feel, how
34
to make them ambitious?
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1
MS CASEY: Do you want to talk about normalisation first?
2
PROF TRAUSTADOTTIR: Well the question about normalisation movement it's a pretty
3
complicated answer but I will just give you a very short view that I have on it. I think that
4
normalisation has largely become outdated, it has given us what we can get out of it, we need a
5
new ideology to guide the way now and I think that comes with the independent living ideology
6
and with the CRPD, the human rights foundation for what we need to have in disability.
7
8
I don't have time to explore, elaborate more on it, but I can talk at least for three hours on this if
9
you need to me.
10
MS CASEY: Rannveig is around for coffee!
11
PROF TRAUSTADOTTIR: I can talk on the break if you like some more.
12
MS CASEY: Joanne, how can you increase ambitions amongst people with disabilities
13
themselves
14
MS O'RIORDAN: I think to inspire them, they need like a role model look up to, the which all
15
the young girls these days have someone to look up to, whether it's Rhianna or Kate Middleton,
16
but it's hard to make somebody ambitious, it's another thing that's bred into you, you don't just
17
become ambitious all of a sudden.
18
MS CASEY: Who was your role model do you have one?
19
MS O'RIORDAN: I don't really do role models, I kind of end up fancying half of them! They
20
are usually boys by the way!
21
22
But no, I suppose really I don't know, I remember there was always one thing that I was told and
23
I remember by one of the Cork footballers never give up. That was always his motto in life, it's
24
just always never give up and to get ambitious, I don't know how you get ambitious -- I don't
25
really know, all I know is when you said you were from India inside I had a heart attack because
26
my friend is obsessed with India, she'll kill me for saying that.
27
28
So I think it's just a thing really to, that's bred into you.
29
MS CASEY: Okay, thank you. Anybody else?
30
SPEAKER: Thank you I'll try to be quick. I'm Erik Matthews from disability rights
31
international. We work to fight to close institutions and integrate people with disabilities into
32
society and I'm wondering and a question for Dr Rannveig, in your work in Iceland do you have
33
experience challenging the perception of people with disabilities in institutions as being too
34
disabled, or not educatable, or completely immobile, when in reality and I have seen this in a lot
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1
of institutions myself, these are symptoms of institutionalisation itself. So people who are left to
2
languish all day in day rooms or left in tiny cribs for 20 years an when advocates come in and
3
say we need to respect these people's human rights and get them the supports they need, they say
4
these people are too disabled.
5
6
How have you stripped away in your advocacy, the effects of institutionalisation to show
7
people's true potential?
8
PROF TRAUSTADOTTIR: Well you guys are asking the really big questions, these are really
9
impossible.
10
MS O'RIORDAN: Rather you than me honey!
11
PROF TRAUSTADOTTIR: It's impossible to answer quickly. But I think we all struggle with
12
the question of certain people being too disabled to do whatever, whether they live in institutions
13
or not. And with respect to institutions there were a lot of very -- people who are very, not very
14
disabled, in institutions they did a lot of good work for the institution.
15
16
It was used very much as an argument against closing the institutions, that people were too
17
disabled to move out. And they were too damaged by the institution, they couldn't function in a
18
regular community.
19
20
All of us know that these reasons do not hold up, these are not good reasons. I know a woman in
21
England who lived in an institution for many years. She stopped speaking, she didn't talk for
22
decades, nobody listened to her, why should she talk? And after she moved out she worked very
23
closely with Dorothy Atkinson, her name is May cooper, she wrote her life story, they worked
24
together, she is a very powerful, very resourceful woman.
25
26
So the institution makes it impossible to let people demonstrate what they are capable of,
27
because they lead such limited lives. But I think also that the sad things about
28
de-institutionalisation is that often what replaces the institution is only a tiny bit better, not much
29
better, because we still practice a lot of institutional ways in the so called community
30
programmes.
31
32
So I think that's what we should focus on, what's going on in the so called community
33
programmes and how can we start doing this practices in the community programmes.
34
SPEAKER: Thank you for your presentation I am Ng from Vietnam. I completely share with
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1
Dr Rannveig about the lessons learned because I am also the founder and the director of the
2
disability research and capacity development centre in Vietnam, and I know that all the lessons
3
you learned are similar to what I learned in Vietnam and I also want to share some experiences.
4
5
We work for people with disabilities in Vietnam for developing right now still we face a lot of
6
problems that we can share with colleagues from India and other developing countries.
7
8
And you are very right about the cultural image and also the institutionalisation now, because in
9
Vietnam we are more than 13 million people with disabilities, you see that I know that Ireland
10
you have the population of around 4.5 million and we have more than 13 million people with
11
disabilities in Vietnam.
12
13
We have completely different conditions. Most people with disabilities in Vietnam do not have
14
any allowance from the government, so they have to rely on the support of their family members
15
and some religious and other organisations, and they have no choice. And even when they have
16
to live outside the community independently or leave the institutions, that's really hard for them
17
to make the choice. So most of them, and even most of the family members want to send their
18
children with disabilities to special centres or special institutions. So it's really hard for us to
19
develop the independent living movement in Vietnam.
20
21
And I also, lying the colleague from India said, it's not easy to motivate the person with
22
disabilities -- so I want to share with you about what we do in Vietnam about the media
23
advocacy, we try to use the very successful cases of people with severe disabilities who can
24
succeed in their education and employment and we work with the media so that we can show
25
case these successful people, so that we can try get attention from public members and then
26
realise that to have that kind of employment position or successful education, they need equal
27
opportunities.
28
29
And also to change the mindset of the parents, that they should provide more opportunities for
30
their children with disabilities so that they can change their life. And this is really hard.
31
32
I bring with me some CD and pictures of people with disabilities in Vietnam so I can share with
33
you guys tomorrow and I can show a glimpse of that, you can realise how hard it is for people
34
with disabilities in my country.
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1
MS CASEY: Thank you very much I'll just take two more comments from the floor, if others
2
would like to make a comment come down to me and I'll make sure I'll come back but I think
3
you'd like to make a comment an the lady up here.
4
SPEAKER: I'd like to thank the speakers first of all and second of all, I was lucky because my
5
parents really motivated me in my life, so I think if you have parents that really motivate you,
6
you are very lucky. So that's all I wanted to say.
7
MS CASEY: Thank you. I have to say I think we are all very lucky if we have the good parents
8
to keep us motivated and encouraged. So thank you. Very good point.
9
SPEAKER: Hi my name is Gina McNamara from the Galway Centre for Independent Living
10
and just like Ciara and Joanne said, I'm visually impaired myself and I have been lucky with my
11
parent, I wouldn't be here without them.
12
13
I just want to ask Joanne a question, how can we encourage more people with disabilities to
14
speak up and especially with all the cut backs in disability allowance and mobility allowance, it's
15
absolutely shocking to think that what they are doing to us. So that's my main question, how can
16
we work more together, as people with disabilities, and make a lot of noise and let them know
17
we can't take any more. Thank you.
18
MS O'RIORDAN: I think days like these are important when everybody gets together and
19
shares views. I think it's important that we do come together and encourage each other to speak
20
up, we are only going to be able to inspire each other. I think really people need a role model,
21
someone to lead the cause, you always see with the farmers or whatever there is always some
22
fella at the front with the cap leading it, so it's the same with us, I just gave farmers a very bad
23
image there! Farmers are great!
24
MS CASEY: And handsome too.
25
MS O'RIORDAN: Some are and have land and money! But I think there is always one person to
26
lead as well and you don't expect to see us protest on the street in our wheelchairs with our little
27
signs, we did that once and that was a very last resort kind of thing.
28
29
So I think it's important that we all come together and it's important as well that we had the
30
Minister here as well to hear our point of view, so it's very important to inspire each other and
31
we have all someone to look up to and stuff like that.
32
MS CASEY: Thank you I think one thing that came out just from the comments and question
33
and answer session is how do we each encourage each other to have that voice, that's really
34
important and it's such a great voice and choice, it's absolutely critical and key.
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1
2
I just want to say thank you so much for your attention, we are running behind, but you can still
3
have a cup of tea, but I definitely want to say a huge thank you, you have to say, that was a
4
fantastic morning to Dr Rannveig Traustadottir, to Joanne Riordan to the amazing Ger Quinn
5
and to our Minister who has gone, but and also to all of you for the comments because that's
6
what will make this really rich, go out have a cup of tea and coffee and we'll he be back for two
7
more presentations before lunch. Okay thank you.
8
9
Coffee break
10
11
MS CASEY: Okay guys hope you're fuelled by tea and coffee and a bit of sugar!
12
13
Somebody made a really good point, Sanjay I don't know where you are? He is visually
14
impaired and made a really great suggestion, that -- now I'm going to have to do this really
15
quickly, just so we know whose in the room because you are all here to do summer school
16
together, can we just introduce ourselves, our name, no speeches, no long declarations, no
17
comments, because Jerome is going to kill me if this goes beyond I told him we could do this
18
really quick. I'm going to pass this around, we're going to quick fire it, just say your name so
19
you know whose in the room together, for the next five to six days.
20
I'll start right here and I'll bring the mic around -- we're going to do this.
21
22
(Delegates introduced themselves)
23
24
MS CASEY: Is that us all? We did it. So everybody welcome to everybody else. This was a
25
really important, just to say hello, well done Sanjay well pointed out.
26
27
So the reason that we are coming into the second session now is we have two fabulous speakers
28
with two different perspectives we'll hold questions until after Prof Jerome and Steven has
29
spoken if that's okay. I have also one or two of you come up to say you want to make comments
30
at the end, which I will not forget, thank you very much for your patience.
31
32
Moving on quickly I promised we would get there, I'm delighted to introduce Prof Jerome
33
Bickenbach, he will talk about equality of opportunity, capability and CRPD.
34
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1
But before we go anywhere I am going to give a brief introduction Professor as a lawyer he was
2
a human rights litigator, specialising in anti-discrimination for persons with intellectual
3
impairments an mental illness, since 2007 he has headed Disability Policy Unit at Swiss
4
Paraplegic Research in Switzerland and Professor of the faculty of humanities an social science
5
at the University of Lucerne, also recently published a book for disability ethics law and policy
6
in 2013, a book well worth reading, we are delighted to have you come here and talk to us.
7
PROF BICKENBACH: Thank you very much you have no idea what I'm going to say so why
8
are you even applauding!
9
10
I will talk about some things which are transformative, that is to say I want to focus in now on
11
the CRPD, the object of this week, and I want to get us going with actually the core issues, not
12
the detailed applications that comes later on for me anyway, this week. But for the central
13
values, the values that make the CRPD what it is, the magnificent document that it is, and I am
14
going to focus on three articles, 1, 3 and 5 because they present, if you like, the foundational
15
notions of the CRPD.
16
17
And what I am going to do, first of all I'm a lawyer but also bear witness to the fact that I'm a
18
philosopher by training, I am going to make the case that you cannot have vision, you cannot
19
have action without direction and direction is a matter often of understanding the nature of the
20
values that you hold dear and say a lot, equality! But not always understand the length and
21
breath of those notions, and also and one of the reasons that I think I'm giving this talk, is that
22
complexities that are built into a notion which we take for granted, mainly equality.
23
24
And I'm going to focus in on four features, there are many, of the notion of equality, which is
25
built in as you all know into Article 3 and 5.
26
27
That raise issues that as a lawyer I would see myself making arguments in terms of, as activists
28
you have to keep in mind, and as people who are interested in human rights in general, have to
29
understand the potential problems with. So I'm going to give you not a all gee a compendium of
30
isn't equality wonderful? I'm going to ask you to think what equality is in four dimensions. The
31
phrase on an equal basis with others is right across the Convention, what's that about? And there
32
is something it's about. The notion of equality of means or equality of ends, and the most
33
perplexing of them all, equality of opportunity versus equality of result an I'll introduce briefly a
34
notion called capability.
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1
2
I think want to look at the notion of universalism but perhaps I will tidy that up much more
3
quickly than I thought. First of all Article 1, that's Article 3, that's Article 5!
4
5
Now you can see how quickly we can go through this lecture! The reason I gave you those three
6
articles, because there are a lot of words in them and as a lawyer one of the things we have to do
7
is be careful what the words mean and what is actually being said, so let's go back briefly with
8
Article 1.
9
10
The purpose of the present Convention is to promote human rights, fundamental freedoms, we
11
didn't need Bickenbach to tell us that. But here's something which is unique in this document
12
and potentially troublesome, there are some actual feminist writers who say said that dignity
13
actually really doesn't have the weight to do some really heavy lifting in the human rights area,
14
and I'm not going to talk about that except briefly.
15
16
The second part of 1, has to do with what a person with disabilities is, and that is very important,
17
it has always been important, legally and conceptually.
18
19
Let me give you my understanding of the conception of disability, conception of a person with
20
disabilities, I forget of course I'm being tracked by a poor gentleman as I walk around the room,
21
sorry! It make it is easier for me to think! That is embodied in the Convention.
22
23
This understanding says that on one side it is a person with physical, mental, intellectual or
24
sensory impairment, which is something that involves the human body, not to give you
25
something you don't know already, but just set that aside. But it's also about environmental
26
barriers, things in the world, from attitudes, images as Rannveig pointed out, barriers in
27
buildings and social policy and somehow the interaction between those two things, between the
28
impairment and the barrier hinders full and effective participation, so the definition of disability
29
or as a philosopher I would say, the conceptualisation of disability is not a simple one, it's a
30
complex one, which is these days called interactive.
31
32
And is it has every impact right across the Convention. What is important to keep in mind is that
33
the Convention addresses barriers, first and foremost, but it does not ignore impairments, and
34
that is the delicate balance that is inherent in the application of the Convention, as it has been in
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1
the anti-discrimination law in the US and elsewhere, this interesting balance between the cause
2
of hindering, the environment, and the if you like characterisation of disability in terms of
3
impairment.
4
5
Here's Article 3, Article 3 has several, H in fact, rights! Just for the purposes of this talk, equality
6
between men and women and equality for children I'm going to set aside, and look at Article 3
7
and do a little pumping exercise because to my mind there are some not repetition, but some
8
organisation that will make it easier for understanding this as more than just a list of good things.
9
10
It might be argued after Spike Lee, the famous black director, that all you have to do, you have a
11
Convention that's a Convention on the rights of blah blah blah, do the right thing. That's all you
12
need, just do the right thing. What do we need all these words for? Just bloody do the right
13
thing ... well we know that do the right thing won't cut it.
14
15
We need these words, both as lawyers and as advocates, to focus on what the right thing is, to be
16
precise about the right thing, and to address the issues that are issues in a way which has forward
17
movement. Hence these lovely terms, dignity, autonomy, yeah yeah yeah, what do they come
18
to?
19
20
Well this is my clustering, I think dignity, autonomy and respect for difference are of a piece.
21
They are terms that reflect a central value about what it means to be a person, what it means to
22
be valued as a person. A person with differences, a person to make choices, a person that has
23
dignity, so they fit into what we might call, what is the conception of a person in the Convention.
24
25
Well these two are pretty obvious, non-discrimination and equality of opportunity are obviously
26
addressing equality, and I'll get back to them.
27
28
How about the left-overs, participation and accessibility? Well they have an interesting
29
relationship. Accessibility is a means toward an end, accessibility itself has no intrinsic value,
30
its value is wholly instrumental. Now this is true but you ask who cares? You care because
31
when you are making an argument for participation your focus has to be on accessibility but not
32
for its sake. You look at the extent of accessibility in light of what you're after, which is
33
participation not for its own sake.
34
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1
Technology is wonderful, but you are not developing technology for the sake of technology,
2
you're doing it to the degree and only to the extent that it produces participation. Technology
3
itself may or may not facilitate participation. The Convention says accessibility is important, but
4
only because and to the degree to which it affects participation.
5
6
You say this because or I say this because technology has a life of its own, we're all walking
7
around with bloody iPhones and what not, they lead us by the nose occasionally, but we want to
8
lead it toward a direction and that direction is participation.
9
10
Well accessibility obviously applies to those things too. So this is the arrangement to my mind
11
accessibility is an instrumental value both for personhood and for equality and for participation.
12
13
So this as I mentioned to you is the three items inherent dignity, individual autonomy and respect
14
for difference point to dignity. I wish I could speak to it, both its pitfalls, because the arguments
15
that are being made about dignity being too ephemeral, too late weight, too easy to achieve are
16
not insignificant political arguments.
17
18
There is a book that says that everything is lost in human rights if you put the weight on dignity.
19
Why? Because you can imagine that sinister politicians saying dignity, you want dignity? Here
20
it is thank you very much. No money is spent. I have given you bloody dignity and I'm done.
21
That won't work.
22
23
Whatever dignity is, whatever equality is, it has to come with some actionable points. It has to
24
tell us what we have to do, how and to what degree and what's the object.
25
26
I wish I could talk about it, but I'm going to talk about equality, because it's even more difficult.
27
Equality as I mentioned, I'm going to talk about four things and perhaps only four things.
28
29
First of all the phrase on an equal basis with others, if you go to even back to Article 1 you'll see
30
the phrase prominently displayed. In the definition, what I characterised as the operating
31
definition. Who are people with disability as soon as they are people for whom various barriers
32
hinder full participation and effective participation, there is no period after participation. What
33
kind of participation? Who are you comparing it to? On an equal basis with others -- lawyers
34
call this the comparator class, because any time you have equality, you have to say equality with
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respect to whom.
2
3
A marginalised group is treated unequally with respect, not imploding the universe, but in
4
respect to some other group. So what is the comparator? Everybody.
5
6
This poses some problems in interpretation, as we'll see. The most obvious one has to do with
7
what's called progressive legalisation which I will talk about later on, in the week, you're not
8
going to get rid of me this easily!
9
10
And for example if you have a healthcare system that's completely impoverished and everyone
11
in the country -- no-one in the country has access to even the most obvious preventative care,
12
because the country is so poor what does the Convention say with respect to access to healthcare
13
for persons with disabilities? That they get the same shitty healthcare that everyone gets.
14
15
The comparator isn't an ideal situation; it's the real situation. Now this is a good thing in
16
interpretation because there is one thing you can tell about the ideal situation, it will never
17
happen. So if you did say people with disabilities should get the best possible conceivable
18
healthcare, the Minister of health would say right, I'm out of here. The bar as we say, the bar is
19
set so high that you might as well say Convention-smention who cares I'll never achieve it so
20
who cares why try?
21
22
So a relative, resourced comparator is sensible, but it's dangerous, because if you move -- try to
23
move one group of individuals to a bar that is too low already for everyone there is not much real
24
improvement.
25
26
So that means the pressure is on the notion of progressive legalisation which I'll get to - that was
27
supposed to be slower let me do it again -- once you start looking at the Convention -- I found
28
the animation button!
29
30
I'm not looking back let me tell you! Those are just the first couple of sections of the Convention
31
I have cut and paste and have bouncing around the slide, because the phrase on an equal basis
32
with others is everywhere, as it should be, a very interesting, clever, legal drafting technique,
33
which we don't fully understand until we start getting implementation puzzles being created, but
34
it has two features a positive feature, namely you have a realistic approach to implementation
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1
because you are not pitching it against an ideal situation, but the other side of that always is the
2
potential for misapplication because of other issues.
3
4
Okay means or ends, is it equality of means or equality of ends? Lawyers call this the difference
5
between procedural or substantive justice, does everyone have their day in court, procedural,
6
who cares about the outcome. Or does everyone have the same kind of outcome, does everyone
7
have the same right to the same result?
8
9
Well if you look to the Convention and I'm going to do this a bit quickly, what you will discover
10
is certainly procedural language, Article 4 says States parties undertake to adopt all appropriate,
11
to take all appropriate measures. So this is procedural language.
12
13
The obligations in the Convention are not to achieve health, to achieve employment, but actually
14
to take the measures necessary to blah, blah, blah in various different ways, and that too is a very
15
good thing because if you do not oblige countries to begin processes, to institute programmes, to
16
take process measures, and only require them to have outcomes, which you'll discover is that the
17
outcomes become unmanageably difficult whereas the procedures you could have been putting
18
in place to incrementally reach outcomes were not unmanageable -- sorry that's too fast!
19
20
Well you also have substantive and there is no better example of a substantive end to equality
21
than Article 12. Any time you have language that says recognising X or reaffirming X, in this
22
case personhood or legal capacity, you actually have equality of end result, in this case of equal
23
dignity to mix the two together.
24
25
Here's the kicker, the one I want to spend a bit more time on and certainly much more interesting
26
animation! Equality of opportunity and result. Here's the conundrum, here's the puzzle.
27
28
Article 5 speaks about equality and non-discrimination, using phrases which have a long history,
29
some of them track, tracing themselves to the Americans with disabilities act, the phrase
30
reasonable accommodation appears there and the first section equal before and under the law last
31
year, as Steve might remember I pointed out that this was copied from the Canadian charter of
32
rights and freedoms, which Steve and I are the only Canadians in the room so I thought a little
33
tip of the hat to that! But I -- so I cut that slide.
34
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1
So here's the problem Article 3 talks about equality of opportunities that's the phrase that's used.
2
Equality of opportunity. And the puzzle the take home exercise, you didn't think you had an
3
exercise today but you have one today, I'm just creating it for you -- is equality of opportunity
4
equal, so to speak, to equal before and under the law and entitled without discrimination etcetera,
5
etcetera.
6
7
Is the sentence from Article 5 that gives you equality before and under the law without
8
discrimination to the equal protection and equal benefit -- I'm a vegetarian but I often speak this
9
way, the meatiest section of the Convention, or as we would say the Tofu-ish section of the
10
Convention, this is where the Tofu lies in the Convention.
11
12
In this section you have equality before and under, what, next to, what else would you mean?
13
Before and under, entitled without discrimination, get that in there, although it's completely
14
redundant! Because discrimination is inequality, so if you have equality ... never mind! Equal
15
protection and equal benefit, fantastic, all you would need, but is that the same as equality of
16
opportunity?
17
18
Well let me give you some reasons for being troubled by that. Philosophers understand at least
19
two kinds of equalities, theory quality of opportunity and equality of outcome. Under the rubric,
20
under the heading equality of opportunity there are two at least recognised versions, one is
21
formal or sometimes called negative equality, or negative freedom, the other one is a version
22
which I will be calling, I will be following, Amartya Sen's Nobel Prize for economics capability,
23
Sen's equality of opportunity, these are two versions, a formal one which is very, very strict and
24
totally useless, and a much more robust and useful one called capability.
25
26
So what is Article 5 then? Well is it equality of outcome? And what's the difference? I just
27
want to do that again! Bounce! Okay, enough of this nonsense!
28
29
30
31
How can we explain the difference between equality of opportunity and equality of outcome?
32
Imagine life as a race, in some ways it is in a capitalist society. I'm literally calling it a race by
33
having racers up there, two athletic people, a fellow also -- they are all athletic, a fellow in a
34
three wheeled wheelchair which I see on my track as I run around since I work in the Paralympic
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centre of Switzerland, then a person on crutches and unfortunately, an icon of the disability
2
movement who may no longer be an icon, oops, Oscar Pistorius, with the so called
3
"Bladerunner".
50
4
5
So we have these Champs. Now in the state of nature the way the world is people have different
6
talents, that mean if a red dotted line is the starting line, some people inherently are more,
7
talented, at the starting line, they have an edge, they are fast not like me when I run I would be
8
over here -- and other people have various disabilities perhaps. In other words they have
9
different accommodations to impairments.
10
11
So whatever is happening to them, they are probably behind the starting line although
12
Mr Pistorius, when he is not killing people, is probably at the -- I'm sorry -- is probably at the
13
starting line, and one of the interesting things is does that mean that he doesn't in fact have any
14
even residual impairment left by virtue of this accommodation?
15
16
Okay in the state of nature what dictates the result -- oh I love it! Am I good? You want to see it
17
again? No I want you to take a look at the woman on crutches. How long did it take him to do
18
that? Instead of reading law books? In the state of nature what happens, the differential in
19
technique or talent determines the outcome, this is nothing very special.
20
21
So what do we do with equality of opportunity? Everyone starts at the same place. Formal
22
equality of opportunity, no advantages. Artificial advantages caused by talents, but still they are
23
socially recognised, so allowing the two people to be up front and they don't have to run as far,
24
and the people in the back have to run further. So you eliminate, equality of opportunity,
25
literally everyone has the same opportunity. So if you are doing this graphically in a trivial
26
example, what else can you say? Everyone starts at the same place.
27
28
But what happens? Well they end up in different places because equality of opportunity says
29
people start the same. It doesn't say they end up the same.
30
31
Now what about equality of result? Actually whether they start the same or different doesn't
32
matter, because equality of result says everybody wins. The outcome of the race is equal. Those
33
of you who have had children in day care in these lovely races that they have in crèches and day
34
care, where everyone wins, oh boy everyone wins, everyone finishes first. This is communism!
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They are infiltrating our classrooms!
2
3
Equality of result is a very hard, perhaps the hardest version of egalitarianism imaginable.
4
People have different talents, natural talents, that are already accommodated by the accessibility
5
devices. It would be a very different story if you took those away as well, so there is another
6
layer of accommodation already.
7
8
And if you start at the same line, equality of opportunity says we're done here, we're finished.
9
Equality is spent. Equality is done. That's all that political equality requires of us, that you don't
10
have prejudice, that puts people behind the line, unfair advantage, the Mitt Romney's of the
11
world who because of their wealth can start really far ahead -- transfer this into economics it's
12
the same story. Poor people start behind the line, to get to the line they have to expend lots of
13
energy, rich people start way ahead. So this is a story about equality, even though it's silly and
14
funny graphics and what not. This is the real world.
15
16
Do we want everyone to end at the same place? Well basic equality of opportunity says there are
17
no formal prohibitions. Remember I had two. I had formal equality and capability. What that
18
means is that when the gentleman in the wheelchair looks at the staircase or her legs or whatever
19
he is looking at, formal equality is satisfied, equality of opportunity is satisfied if there is no law
20
that says if you are in a wheelchair you cannot go to the second story, first story sorry, I have to
21
shift to my European here.
22
23
Is there a prohibition to this gentleman getting? No, there is no prohibition, he just can't do it
24
because he is in a wheelchair. So no problem, different talents, some people are in a wheelchair
25
and other people are not, they are free to do it if they can. That's equality of opportunity in its
26
weakest form, you're free to do it, but if you can't do it that's your problem.
27
28
In the literature equality of opportunity is almost zero on the egalitarian scale. So hence my
29
problem -- I should have had another set -- what is Article 5 equality? If it's actually what we
30
say it is under Article 3, equality of opportunity, then I submit that the Convention is almost
31
useless.
32
33
It will eliminate prejudice, because in fact the Americans with Disabilities Act understanding of
34
anti-discrimination, irrational beliefs, stereotypes etcetera, it will remove those artificial
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1
obstacles like stigma, it was artificially created barriers, the things that are unnecessary, have
2
nothing to do with the underlying impairment, nothing to do with disability. But the issue is will
3
it do any more, and in particular will it re distribute resources? Will it make it possible for
4
someone who could do something if education, employment, but needs additional resources to
5
do so? No.
6
7
Formal equality is not strong enough. Well there is a sense of equality of opportunity that does
8
the job, it's called equality of capability and here I need 30 seconds for a lifetime's work of
9
Amartya Sen. Sen said, what is the currency, what is the coin that equality speaks in? What is
10
the about, equality of what was the question. Equality of what? We have results, opportunities,
11
equality of happiness, equality of welfare, and he said no, at the end of the day the equality that
12
means something, politically, socially, morally, is the equality of capability, well what's
13
capability?
14
15
Capability is what you have when you realistically, concretely and practically feasibly have the
16
freedom to do what you want. Now giving a person the freedom to do what they want isn't
17
enough, he has the freedom to do what he wants, but he will need help with the stairs, he doesn't
18
have feasible implementable realistic freedom. Real freedom as it's sometimes called because he
19
is free to choose or not, yes I choose to go upstairs, bingo, problem over.
20
21
What you need is a freedom that is empowered if you like. And how do you know that you have
22
that equality of capability? The test is very simple? You have equality of capability to get a job,
23
to have a family, equality to marry a boy friend or whatever. When at the end of the day the
24
only thing that separates you from achievement is choice, whether you want to do it and choose
25
to do it.
26
27
Equality of capability means everything is provided for you so that you can really, really get that
28
job, if you want it. Equality of capability which is widely used in developmental, development
29
studies for countries as an indicator of the success of the country in providing for its citizens, do
30
people realistically have the resources they need to do what they want, is a very strong but not --
31
very strong sense of equality, but it's not the same as equality of result, because there still will be
32
differences, so the race will not be equally won, even so. Because some capabilities are intrinsic
33
talents, so that there are going to be differences.
34
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Capability applies to the resources that could be provided to the individual.
2
3
Okay going back to my question, my guess, certainly my hope, given these two pieces of textual
4
information and I don't have time to go into the analysis, is actually the Sen version. So what
5
was hoped for, and God help us, what we hope is in the Convention is equality of opportunity in
6
the Sen capability sense. Because if it's just plain negative freedom, nothing legally stands in
7
your way, except your inability to do it or that it's not a sense of equality we can be happy with.
8
9
10
I forgot where I started! Part 2 is on universalism and I wanted to set out the problem that of
course I've solved completely but you have to buy my book!
11
12
There is nothing more universal than human rights, they apply to everyone, in fact that's the
13
nature of human rights, without exception, modification, adjustment for race, economic status,
14
religion, gender, disability -- human rights are universal. The only credential you need is being
15
human. You don't have to be a white human, you don't have to be a male human, you don't have
16
to be an able bodied human. Human is your entrance requirement. It's universal.
17
18
Okay, what if there are cultural differences that are such that make for example women
19
culturally unequal to men, as there are in many countries ARP the world. In my country, Canada
20
when the equality provision was first instigated in 1980 the Inuit population in northern Ontario
21
said what's all this rubbish about women being equal to men, what is it? You're violating -- I
22
have to make this as serious as possible -- what it means for me to be an Inuit person, my
23
cultural identity, my language, my culture, everything about what I count as me, makes it
24
essential that women are inferior. There is no way around it, that's my culture.
25
26
The response of Pierre Elliott Trudeau was tough for your culture. Well easy to say. However
27
can we be so imperialistic? Because that's what it is. It's a form of imperialism. Your culture is
28
bullshit man! Join the Anglo American bandwagon here where we're doing all this great stuff,
29
we have human rights, your culture, 3,000 years old, get over it! Can we do that? Can we do
30
that?
31
32
Now we have to do something because as it happens human rights are universal or they are
33
nothing at all really. Human rights for men but not women is not human rights, that's not what a
34
human right is. But what do we do about cultures, I've used gender, could I use disability?
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Without much trouble. In some cultures mental illness is a smudge on the heritage of the family,
2
is a problem that has to be hidden because it shows that there are elements in the family's history
3
going back generations in which there has been some violation of religious or some other law.
4
5
Now we can say God -- I love it -- get over it, we can say get over it, but keep in mind what that
6
means from a political, from an international political point of view, it means that one set of
7
beliefs that are fairly common, but not universal, will just push out of the road other sets of
8
beliefs.
9
10
There is another aspect then I'll stop. Universalism, is it implementable. There is a practical
11
problem I'm speaking in high level concepts but as it happens when I visit you on Friday for the
12
other half of this talk when I get practical, but the real problem at the end of the day is
13
negotiation, because every country, rich, poor, low, high resource has to make decisions about
14
resource allocation. There are what are called priority problems. If people with disabilities have
15
the right to be considered for resources on the same basis as others, they are in the mix, they
16
negotiate at the table, but they don't necessarily leave the table with everything they need,
17
because resources are finite.
18
19
Governments have to set priorities, sometimes they are hidden doing things non-transparently
20
and the priorities are not the priorities that you would wish, but priorities are inevitable.
21
22
It's easy to say that everyone who has difficulties making decisions for themselves gets full
23
resources for supportive decision-making, but where do the resources come from? You can
24
squeeze the military budget, you can squeeze other budgets do what are called macro allocation
25
decisions and bless you if you get away with it, do it. But at some point equal basis with others
26
kicks in.
27
28
The Convention does not allocate special rights. That's the first thing we learn about the
29
Convention. This is not a Convention of rights for a bunch of people that no-one else has. The
30
point of the Convention is on an equal basis to others.
31
32
Is this going to be hard? It's going to be a real challenge. But perhaps not as much as that.
33
Thank you very much.
34
MS CASEY: I think we might call you Prof Tofu from now on! Aside from the extraordinary
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1
animation that you had in that it was genuinely a great presentation and I'm sure you guys are
2
bursting for comment but if we hold until afterwards I'll make sure as much of you get to have a
3
chat as you can.
4
5
Now -- by the way just so I make it really clear, because I asked you to cut your presentation so
6
thank you very much. The Professor owes book is on disability advocates law and policy and
7
published by same.
8
9
Next presentation Steven Estey, he is going to talk about this is about you, nothing about us
10
without us, how civil society crafted the Convention and its future role in implementation and
11
monitoring articles 4.3 and 33.3.
12
13
I'm going to give some of his Biog as well, based in Canada he is an independent consultant on
14
international disability rights. For many years he has been human rights officer at disabled
15
people's international, an international NGO focusing on the human rights of disabled people,
16
Stephen travelled widely working with disabled people's organisations governments and you
17
have the N agencies, over time he developed experiences in the area of international
18
co-operation, economic development, human rights and disability.
19
20
From 2003 until successful conclusion of negotiations in 2006 Stephen was the advisor to
21
Canada, Canada's official delegation to the UN which drafted the Convention on the rights of
22
people with disabilities. After the CRPD was adopted by the UN general assembly in 2006
23
Stephen led DP I's work to encourage UN members to sign and ratify the treaty.
24
25
Stephen left DP I in 2010 and has since worked global on a variety of initiatives targeted at
26
effective implementation and robust monitoring of this CRPD with UN agencies, NGOs and
27
National Human Rights Institutions. He is also a Charmer we're delighted to have you here.
28
MR ESTEY: Can I ask a question about how we're organising things today? My understanding
29
is that we're going to go for about 30 minutes and break for lunch am I right about that? It's now
30
ten minutes to one, I'm trying to set some parameters because I know people are hungry, we'll go
31
to 1.15 and then a few minutes to ask questions.
32
33
So to the point, I'll be brief how is that! I'd like to thank you very, very much for the opportunity
34
to be here today. This is my second time in Galway in the summer school, last summer was a
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1
tremendous experience, really exciting and enlivening time and I'm really pleased to be here
2
again.
3
4
My topic or my task here is to talk about how civil society created the Convention and I think
5
that I have been reflecting about this over the past few weeks, thinking about it and doing some
6
reading and so on about it. Ands an opportunity for me to think back to my own time in working
7
on the Convention and I was particularly interested as I was reading and looking back, to note
8
that today is the 10th anniversary of the first day of the second ad hoc committee meeting.
9
10
So ten years ago today Rosemarie and Janet an others, we were all in New York city and we
11
were sitting in a room in the UN and we were just at that cusp, just at the beginning of the work
12
on the CRPD, so Gerard made a comment earlier today 10 years ago something like this couldn't
13
have happened you are entirely right, we have some could far in ten years from those days in
14
New York city, we didn't know if there was going to be a convention or wasn't going to be a
15
Convention.
16
17
What I wanted to do is give you a little sense of some of the feel of that kind of thing, others here
18
will talk to you about the details of provisions of treaty and do so much better than I would be
19
able to do. But what I can do is give you some sense of the time that we were together, because
20
in that, in those days 2002 / 03 there was no guarantee there was going to be a CRPD, in fact
21
when we came together in 2002 for the first time it looked very much like the whole process was
22
going to go off the rails and certainly in countries such as mine, or ours, Canada, had had their
23
way there would be no Convention on the rights of people with disabilities. So I think that it's
24
important as we work through things here this week to have a sense of that and a sense of the
25
dynamic that were at play, that shaped the treaty. Because no-one would suggest that it's a
26
perfect document.
27
28
There are lots of problems, lots of things that ought to be better or ought to be different, but it is I
29
think the best product that we were able to achieve given the circumstances that we were
30
working in. And it's those circumstances I want to take a few minutes and talk to you about.
31
32
As I say today is the 10th anniversary of the first day of the second meeting of the ad hoc
33
committee, that's a lot of numbers in one sentence, I hope you understand what I mean!
34
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1
There was a press release that was that came out on that day from the UN, UN general assembly
2
press release 10160 and I take an excerpt to start my remarks today, it said: Luis Gallegos, the
3
President of the ad hoc committee and permanent representative of Ecuador to the UN said at the
4
opening, that what happened at this session would have an impact not only on the rights and
5
dignity of people with disabilities but on societies at large. The problem, he said, that brings us
6
together in New York is not another negotiation, but the determination to achieve a process that
7
started 20 years ago and whose objective is to give dignity to people with disabilities and to
8
protect their rights.
9
10
Mr Gallegos went on to say, sorry, he paid homage to the persistence and dedication of hundreds
11
of representatives of non-governmental organisations of people with disabilities, many of them
12
present at the session who were call for drafting an international Convention in the shortest
13
possible time.
14
15
So that was the press release that came out on the first day of the second ad hoc committee
16
meeting. And I thought a lot about this over the past few days a cast my mind back into that
17
time and to talk about the voice of people with disabilities in the negotiation process. The
18
biggest challenge for disabled people's organisations and I think something that is relevant for
19
people who are working to ratify and implement the Convention around the world now, the
20
biggest challenge was to find a way to integrate people with disabilities and our organisations
21
into the process around the drafting of the Convention.
22
23
We arrived in New York city in 2002, none of us knew each other, now I look across the room
24
and see my old friends from Australia and America, I think I have known for a decade but in
25
those days I didn't know them, they didn't know me. We were all unknown quantities, trying to
26
find a way to work together.
27
28
The one thing that we agreed on, that disabled people had to have a strong voice in the process,
29
that's the only thing that binds us together. The things that we might say with that strong voice
30
could be vastly different and that challenged us to find a way for our organisations, of disabled
31
people to work together to build trust, to build understanding and to move things forward.
32
33
I read with interest over the weekend Janet's article from 2004 that talked about, I don't know if
34
you remember your article you talked about organising of disabled people's organisations and
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1
when we arrived in New York city at that time in 2002 particularly, there were 7 big
2
international disabled people's organisations, so called International Disability Alliance, disabled
3
people's international with whom I work, Rehab International, World Blind Union. Those
4
organisations sort of saw the whole process at the UN as a process that they owned, if you will,
5
those organisations DPI, RI and those kind of expected to be the voice of people with disabilities
6
in that process. And we worked and struggled very hard in 2002-03 to find a way to achieve
7
some balance between those 7 long standing organisations and all of the dozens and hundreds of
8
other disabled people and organisations that arrived in New York city at the time.
9
10
I can remember sitting in the rooms and the bowels of the UN with many people in this room
11
today and others, to try to find a way forward, the struggle, and it was a real struggle and
12
struggle you will find in your own countries as you move to ratify and implement the
13
Convention. A struggle for disabled people's organisations to find a way to work together. It
14
was a real challenge in 2002 and 2003.
15
16
We came into the meeting in 2002 with these 7 organisations expecting to carry the day and then
17
all of these other organisations saying but I'm here too and I have just as much right to be heard
18
as do you. So we struggled in those times to find a way forward with that, and the solution that
19
we came up with was we formed an organisation called International Disability Caucus, and that
20
International Disability Caucus was an amalgam of the 7 IDA members and all of the other
21
organisations and the other organisations were groups regionally.
22
23
So those other organisations that weren't members of I DA were in organisations within African
24
regional organisations and America's region and the European region and so on. And each of
25
those groupings, regional groupings and the IDA members elected one member to a steering
26
committee and the IDC steering committee was the entity that moved the voice of people with
27
disabilities through the process.
28
29
So I came into this meeting as a DPI person but wound up on the IDC steering committee as a
30
representative from North America during those early days in 2002-2003. I think that the reason
31
I tell you this is because it was a real challenge, there were long hours of struggle and conflict to
32
find a way forward, to find a way to achieve consensus, but we did that and I think that that's an
33
important lesson that the disability community learn, because we knew very much that we
34
wanted to have a voice and needed to find a way to make that clear.
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1
2
So that was the thing that happened in the rooms outside during the first meeting of the ad hoc
3
committee. A couple of things that happened in the ad hoc committee meetings itself that gave
4
some voice to people with disabilities are interesting to note because at that meeting of the ad
5
hoc committee it wasn't clear, formally, how disabled people would engage in the process.
6
7
There were no rules set, we had to make the rules as we went an disabled people's organisations
8
met with the bureau and with Ambassador Gallegos and people to ensure our organisations had a
9
voice and it was set up so that the meetings would take place and typically in these meetings
10
State parties are able to take the floor and only State parties are able to take the floor, but we
11
made sure that there was a place and time in each of the meetings for disabled people's
12
organisations to participate, and then within that time we had to find a way to allocate time
13
between the organisation of International Disability Caucus and individual disability
14
organisations.
15
16
There were challenges associated with that but we did find a way to move it forward. I'm
17
looking at time here, so I want to draw things to a close. But I want to say to you that from the
18
first meetings of the ad hoc committee in 2002 we moved into 2003 and the big challenge in
19
2003 was to get away from the discussion of are we going to have a Convention or are we not
20
going to have a Convention and instead find a way to actually move things forward, so the idea
21
was, the idea that came to the floor very early in the second ad hoc meeting was that ad hoc
22
committee meeting rather, was the creation of a so called working group.
23
24
And this working group and the composition of the working group was really the big debate and
25
the big challenge of the second ad hoc committee meeting and if you read back through the
26
Convention archives and other things that have been written about this, you will see that in its
27
early incarnation the working group was to be estates parties and some disability organisations
28
and the first idea was that the working group would have some estates parties and they said
29
initially 7 disability organisations would be represented on the working group. And this made it
30
immediately a default position that those 7 disability organisations would be the big IDA
31
organisations that I spoke about in the beginning.
32
33
So there was a huge amount of debate and lobby that happened around this to find ways to break
34
that dead lock of these 7 organisations and move it more broadly. And what happened in the end
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was that the working group itself adopted the process that the IDC had and it took 7
2
organisations of the international disability alliance, and five regional organisations so that you'd
3
have, if you look at the documents the historical documents you'll see there are 12
4
representatives from disability community, that were part of that working group, that's why it
5
was 12, because to get away from the 7 IDA folks.
6
7
So that's what we had with the working group, we had 12 organisations of people with
8
disabilities, 7 IDA members and 5 regional organisations, 27 governments and one National
9
Human Rights Institution, so those 40 entities were the people that came together in a room in
10
January of 2004 to prepare the first draft of the Convention which contained if you look in the
11
historical record, 27 provisions.
12
13
So those 27 articles, the first draft of the disability Convention came out of the working group
14
meeting in 2004 and I think I'm going to leave it at that, just because I know that time is running
15
out, I want to give people a chance to ask questions.
16
17
But the key point I want to convey to you here, with regards to the voice of people with
18
disabilities and the drafting of the Convention is that we came into the process with a certain
19
amount of historical baggage if you will from these IDA organisations expecting to lead the day,
20
same kinds of thins are happening in countries around the world and a key piece to the success of
21
us moving forward was to find a way out of the historical reality these 7 big organisations, and to
22
move to embrace all disability organisations and to find ways to work together.
23
24
I think a key message of the Convention and a key piece of our success is that we as people with
25
disabilities manage to find ways not to always agree with one another, but to find ways to
26
politically come to terms with things and find a way forward as one voice of people with
27
disabilities. And for me that's one of the key achievements of the CRPD, all of the legal
28
documentation aside one of the key achievements is that for that one moment at least in time
29
international disability community was able to speak with one voice, and as we spoke with that
30
one voice we were tremendously powerful and it was a wonderful thing to be hold. Thank you
31
very much.
32
MS CASEY: Thank you so much Stephen. It was kind of you to get us closer to our lunch, we
33
appreciate. Now Prof Tofu if you'd like to join our Charmer up here for questions and answers! I
34
know there was one particular person, Helga who asked for a comment before the break. No
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that's enough? Anybody else? These two guys are certainly open for lots of questions and
2
certainly are around but where do we want to start? Come on you're not a shy group.
3
SPEAKER: My question was to the first speaker, I realise most of your presentation you were
4
trying to analyse for us exactly what the question of equality means, and at least what I heard
5
from your presentation was that the essential component is to ensure that everybody is able to do
6
anything and the only thing that should separate us is choice to do that thing or not. Now a lot of
7
arguments that come about -- I'm from Zambia for instance and half the time when you are
8
advocating for rights of persons with disabilities the issue is resources, mostly you will be told
9
yes we would love to ensure that if a person is in a wheelchair they can go here but it means we
10
have to build -- are you saying the message we should give or try to spread is that if more
11
resources need to go to this cause that is what should be done? Is that the message we should try
12
to spread at least for most of our countries?
13
PROF BICKENBACH: Well there are various messages depending on what subject matter is,
14
but in general the equality of capability sets an end point within the context of opportunity which
15
says it's not mere opportunity it's facilitated, realistic opportunity and it makes some
16
presumptions about human beings that are themselves in a disability cop text not entirely
17
accurate, but certainly focuses the attention, first of all on resources, the Madrid conference
18
some years ago said equality is anti-discrimination and positive action.
19
20
The anti-discrimination part is not easy, but easier. Positive action, which is to say the
21
redistribution of resources in a way that makes it feasible for people to empower them so to
22
speak so they can actually do what they want to do. The worry I have since I have, my daughter
23
has a disability, a psychiatric, is that often people don't choose because that's actually the
24
problem they have, or a person with depression for example, it's lovely to hear our previous
25
speaker gutsy, full of ambition, but what if the impairment affects just that? Just the capacity to
26
be ambitious, the capacity toe see value in living, the capacity ... so that's the remaining gap in
27
the equality of capability.
28
29
Because equality of capability presumes that you are just sitting there straining to be a nuke clear
30
physicist and the only thing is resources, got that? I'm gone. But not everyone is like that. You
31
have to keep in mind that human beings come in various forms and respecting difference means
32
respecting everyone and we just have to keep going on.
33
MS CASEY: Anyone else? Give us a shout if there is.
34
SPEAKER: Thank you Prof Bickenbach as a member of the Oscar Pistorius fan club I do want
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to say in South Africa do we do the presumption of innocence. But on a more serious note
2
Article 5 the report that you said appears to be a redundancy, talking about equality and non-
3
discrimination, maybe you can say something about that, equality and non-discrimination?
4
PROF BICKENBACH: Yeah it's a bit of a legal mincing of words as we say. The need in the
5
American context of introducing a reasonable accommodation and notions like that, into the
6
context of anti-discrimination legislation show that anti-discrimination on its face isn't strong
7
enough, you do need something to achieve equality, anti-discrimination is an essential step, but it
8
addresses the not intentional always, but the barriers that are put in front of an individual who
9
could, except for those barriers, move forward.
10
11
But reasonable accommodation shows that there is additional need for resourcing an distribution
12
to make it possible to empower the individual to make, to achieve equality. So equality almost
13
has these two faces to it. It is the removal of barriers obviously, but it's also the positive act or
14
facilitation that makes it possible to achieve. Now one could and the American jurisprudence
15
did, say well the obstacle is not having the resource, so the negation of something is an obstacle.
16
And you can see what the American courts did with that, on its face what they did with it, they
17
said it makes no sense.
18
19
Or it does sometimes and not others, etcetera. So from a legal point of view you have to
20
characterise equality both as a matter of anti-discrimination and positive action. And the need
21
for resourcing to make it possible, realistically possible to achieve equality. So that's why. One
22
is subsumed into the other I guess.
23
SPEAKER: Thank you for the opportunity Patricia from Uganda, I was thinking maybe we have
24
some, change some house rules a bit, maybe take a round of questions then have the Professors
25
answer, I don't know if that would work?
26
27
Two, to Prof -- John if I can pronounce the name Jerome, that's a lot easier! Article 1 I'd like to
28
have your comment, the comment on the definition of a person with disabilities, because in some
29
of the back home in Uganda clause 1 article 2 is not exhaustive enough because we have Albinos
30
who are not captured in that definition I'd like your comment on that.
31
32
2 the issue of equal opportunities and equal results and capacity, reading the article in my
33
opinion I this it would take a lot of government commitment, but if you have a capacitive
34
reading of Article 5 and holistically it's government commitment to breathe life into the
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provision when you talk about reasonable accommodation, and the government should ensure
2
that all measures, practical measures are put in place to ensure equal results in addition to the
3
opportunities.
4
5
And then to Prof Steve I'm sitting hereafter listening to the process of enacting the CRPD I am
6
wondering to what extent did African States really participate on this?
7
MS CASEY: On that point should I take the other two questions and go back to those, is there
8
anybody else who has a question. So your question is in relation to definition of disability and
9
secondly how the African States were involved is that correct.
10
SANJAY: My question is when he says accessibility -- I believe that accessibility must be
11
regarded as intrinsic value in itself, because one of the prime objectives of the Convention is to
12
at least challenge some of the norms and one of them is non accessible. So the accessibility as
13
an instrumental value, are we not perhaps narrowing the interpretation? Because right to
14
accessibility has a separate article and in other articles also, we can have the presence of
15
accessibility. This is one.
16
17
The second question to him is what extent reasonable accommodation, principle of reasonable
18
accommodation, caters to capability approach. I find there is an approximation between
19
capability approach and reasonable.
20
SPEAKER: How do we begin to change legislation that makes provision for disproportionate
21
burden if we are given wiggle room to decide if someone is either capable or not, how or where
22
can we begin to think about reasonable accommodation distribution.
23
MS CASEY: Can you give it to me one more time is that okay.
24
SPEAKER: How do we begin to change legislation that makes provision for disproportionate
25
burden -- I mean if the employed are given wiggle room to decide if someone is either capable or
26
not how or where can we begin to think -- to start to think about reasonable accommodation,
27
resource distribution etcetera.
28
MS CASEY: Okay guys you have your work, Steve do you want to start and then I'll hand over
29
to you Professor?
30
MR ESTEY: I have the easy, one simple question, you have all the hard philosophicals, I'll be
31
the appetiser to your main course!
32
PROF BICKENBACH: Oh lunch!
33
MR ESTEY: The question about participation in the meeting, in fact one of the most notable
34
participants in the whole negotiation was a Ugandan member of Parliament James Mwanda a
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person with disability himself, he participated I think in each and every one of the meetings of
2
the ad hoc committee and also in regional meetings on the Convention, I was in Johannesburg in
3
2003 in an African regional meeting on the early process around the Convention.
4
5
I mention to you that there were International Disability Alliance organisations, world blind
6
union, federation of the deaf etcetera, all of those organisations have members in different
7
African countries. Some stronger than others. But certainly what we saw through the course of
8
the negotiation was quite robust participation from African NGOs and African governments and
9
it's interesting to know, as a Canadian, I live next door to the USA, and I had a lot of difficulty in
10
finding the resources to get to many of the meetings of the ad hoc committee myself, because the
11
UN itself wouldn't provide any resources for me because my government was meant to do that,
12
as I'm Canada is not a developing country and all the UN resources went to folks from
13
developing countries.
14
15
So I haven't quantified it, but I think if you look at the numbers of people with disabilities on the
16
ground in Convention room 4 in the negotiations you would find that there would be at least as
17
many people from developing countries if not more, than people from Western Europe even
18
countries and northern America and so on. So certainly yes, Africa was well represented, as was
19
Latin America and Asia.
20
21
I think that that participation had a really profound impact on the way the Convention went.
22
They looked specifically at the provision on international co-operation. I think that the strong
23
participation of people with disabilities from developing countries is very key to that.
24
25
So I guess the short answer to your question is yes!
26
PROF BICKENBACH: Mine is, no, no, no, no! These are very difficult questions I don't want
27
to spend, I can't because there are far too difficult, but a quick response to the definitional issue.
28
There are some legal tricks you can use for Albino complainants and that is to say the definition
29
includes, is evolving and that it would be a violation of Convention rights to deny redress on the
30
basis of this kind of interpretation, so there are legal tricks.
31
32
The bottom line is the definition is unfortunate and could have been done better by saying little,
33
very little. The more you say the more problems you create because the more people with this,
34
this and this, well how about this, this or this, so better say as little as possible. But too late now.
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2
Article 5 certainly the government action and commitment is required for anything to move,
3
there are no Armies that are going to be amassing the country that fails to live up to the CRPD
4
obligations, so without governmental addressing of the issue and responding to it and that's
5
advocacy once again, at the end of the day it's always a matter of advocacy.
6
7
Article 5 doesn't put the standard for governmental commitment any higher or lower than it
8
would normally, because ratification comes with its own set of requirements and without
9
government buy in nothing is going to happen, so once again advocacy, advocacy...
10
11
The question on the relationship, the gentleman over there from India making my life difficult! I
12
just received a copy of the book I was suppose to write a forward on, that looks at the
13
relationship between reasonable accommodation and the capacity approach so that's 480 pages
14
and when I finish reading it, it's very complicated, the issue of reasonable accommodation being
15
powerful enough to secure equality of capability, it's an ongoing issue about the applicability of
16
the capability approach to disability, there is lots written on it, it's too hard for me.
17
18
Whether access is intrinsic, you must be a lawyer. Yes, I can see the argument. It's symbolic,
19
accessibility is a value that is outside of the mainstream so in a sense it's intrinsically -- it's
20
intrinsic insofar as it shows the need for highlighting something, which is not standardly
21
highlighted.
22
23
Now at the same time it's a universal value, I can't make any moves in my life without
24
accessibility, no-one can. It's just that we don't identify it as accessibility when I can walk
25
through the door. Accessibility should not be understood as being restricted to a particular group
26
of people. It's part of a continuum, the same way Article 12 support is part of a continuum, some
27
people need support by having information others need other supports.
28
29
Accessibility is like that. Everyone needs accessibility because we all have different kind of
30
strengths and weaknesses, we're all different. So I think I got them all.
31
32
Reasonable accommodation -- that's a very challenging question too. The disproportionate
33
burden test or the -- I forgot the other versions of it -- undue burden, thank you very much
34
Rosemarie, is actually built into this on equal basis with others. It isn't stated that way but that's
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where it fits in. Because undue burden, or the other side of reasonable accommodation is a
2
counter weight intended to be a counterweight to making action in one direction, namely think of
3
the cost to other people, because they are in economic terms always economic, opportunity costs
4
for every accommodation, because the budgets are finite.
5
6
So there is always going to be some counterbalancing consideration, the Convention itself
7
doesn't use the terminology of undue burden, it doesn't have to. But the priority problems that I
8
mentioned, the weighing problems, the allocation never goes away, nor should it.
9
10
Once you crystallize an undue burden into certain kinds of things than you have eliminated your
11
negotiation ability. So what the problem with stating them is, that it's this category, this category
12
and this category and those are the terms that you have to negotiate into. It shouldn't be that
13
way, it should be just a balancing on equal basis with others, so that you are always engaged in a
14
balancing of priorities and resource allocation, it never goes away, but you just want to be
15
participating in the debate and the discussion, a seat at the table so to speak.
16
MS CASEY: Okay I know I'm sure you are bursting for questions still, but I think everybody is
17
Hungry, so the restaurant has very kindly kept itself open for us because we are running half an
18
hour late. We ask you to come back at 2.15 anything else you want to add in?
19
MS KEANE: Just small things we'll direct you to the restaurant, literally across the road from us
20
here, a very short walk, I'll get some volunteers to direct you in the correct way, literally out the
21
door and across the little road.
22
23
The other thing I'd like to say, just in relation to Andrew and Janet's book in your conference
24
pack you will have received a discount voucher if you want to purchase the book you can do so
25
with a discounted price that's in your conference pack. See you back here at quarter past two.
26
27
Just before we go, come on, a round of applause for Jerome and Steven, okay 2.15 back here.
28
29
Luncheon adjournment
30
31
MS CASEY: We are back! Is everybody feeling a bit better and revived after lunch? Okay so
32
we have this session for the next 45-minutes and what we're going to do is very kindly Prof
33
Driscoll has, is going to give about a 30 minute talk and if there is comments from the floor we'll
34
do that and we'll take comments and get the Professor to answer them, if required, if not we'll go
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straight to tea and coffee.
2
3
Anyway this session is taking the treaty seriously as a legal instrument and how to use it. So
4
Prof Dennis Driscoll -- I definitely think you need a new photograph! Dennis Driscoll is a
5
former dean of law school at NUI Galway, where he taught international law, international
6
human rights and corporate social responsibility. Also a former visiting Professor at Harvard
7
University and Peking University Law School where in 2004-05 as a Raoul Wallenberg Institute
8
Visiting Professor he became the first Professor of Human Rights in the history of China. And
9
he is also a troublemaker, so go for it.
10
PROF DRISCOLL: You can't be in human rights without being a troublemaker.
11
12
Gerard asked me last year to talk about treaties and their significance and especially with regard
13
to reservations, which I'll explain in a while and also treaty interpretation.
14
15
Gerard said that about two thirds of the audience would not be lawyers, but he was asking me to
16
talk about two of the toughest things in treaty law or even in international law because they are
17
somewhat obtuse, so when he asked me last year I found myself reminded of this cartoon, I don't
18
know whether you can read it you probably can't, this was the best image I could get the other
19
day.
20
21
There is a husband and a wife -- well a bride groom and a bride and it reads -- sorry for quality --
22
for better or for worse, the latter being something as but not limited to the following subject, of
23
possibly vents not covered in clause 23 B whereas ... and the caption goes: Why no-one goes to
24
a lawyer's wedding!
25
26
It's not my favourite cartoon but I must say when I'm asked to do things a little butt tough for
27
non lawyers I often think that have particular situation, for example I don't mean to make this a
28
matter of high comedy, but when my wife and I see a traffic accident she thinks, oh human
29
tragedy and I think liability! So sometimes I wonder whether being a lawyer is a kind of disease
30
of some kind or other, but anyway, back to what I want to talk to you about.
31
32
Gerard asked me to talk about reservations to treaties, meaning we didn't make that promise.
33
And interpreting the meaning of a promise, meaning what exactly does our promise actually
34
mean? Gerard was talking about this morning, but before I get to those two, I'd like to make
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some preliminary remarks, I want to talk about the issue of good faith, then I want to talk about
2
the credibility of international promises and then Gerard also asked me to say something about
3
immediate obligations and progressive obligations.
4
5
So with that in mind I want to turn to making international promises. I must say that in my own
6
working life, which now is about 40 years, I have despite the fact that this is a little bit
7
complicated, I have found this one of the most fascinating things I have ever encountered,
8
because I realise that whatever the issue, climate change, dealing with terrorism, the use of force,
9
often these things will be resolved through the making of international promises. So I became
10
fascinated, many decades ago with making promises.
11
12
The first thing I want to mention is the issue of good faith, basic to the policy areas I just
13
mentioned for instance climate change or, terrorism is the belief that there is a high chance that
14
promises will actually be kept. One of the fundamental rules is a treaty is to be performed in
15
good faith. It's the most fundamental rule of international law and indeed for that matter
16
international relations.
17
18
It is in fact impossible in my mind to over emphasise it. For instance, if you consider the most
19
sensitive treaties, which have to do with peace, such as the Egypt Israel peace treaty, or
20
American treaties with the former Soviet Union about arms control, such treaties would only be
21
concluded if each side thought there was a high chance the other side would actually honour its
22
promises. I find that completely and utterly fascinating, amongst enemies.
23
24
Failing to honour the promise, conclusion of such a treaty would not only be pointless but also
25
very dangerous. This same belief that States will honour their promises in good faith underlines
26
all treaties, whether about terrorism, money laundering, climate change or what we are talking
27
about this week, the rights of disabled persons.
28
29
Turning to the issue of credibility, it becomes to me more fascinating still. Underpinning the
30
importance of the likelihood that states will keep their promises is the issue of credibility. A
31
state has got to be seen to be keeping its promises in order to maintain its credibility.
32
33
I'll give you a couple of examples, well one, it betrays my age, but one that comes to mind is
34
always the Vietnam war, when Nixon got elected in 1968 Henry Kissinger was about to become
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a senior aide in the White House wrote an article for a famous international affairs journal and
2
the article then and indeed still is remarkable I think, Nixon and his advisors took the view that,
3
at that time, that the US could not win the Vietnam war, whatever the rhetoric of the previous
4
years.
5
6
But they decided to carry on and tragically 3 million more people lost their lives. The reason
7
they carried on was about promises. In Kissinger's article, which was very celebrated at the
8
time, he talked about the need to preserve American credibility, I just quote those two or three
9
lines. The commitment of half a million Americans has settled the issue of the importance of
10
Vietnam. What is involved now is confidence in American promises. However fashionable it is
11
to ridicule the terms credibility or prestige, they are not empty phrases. Other nations gear their
12
actions to ours only if they can count on our steadfastness, in many parts of the world, he
13
continues, the Middle East, Europe, Latin America, stability depends on confidence in American
14
promises.
15
16
Well I forget the American part. Stability depends on confidence in promises. I have always
17
found that very poignant, because what Kissinger was in effect saying we're going to soldier on
18
despite thinking we can't win because we have to show the world American promises can be
19
taken seriously. 3 million more people died to prove that promises can be taken seriously.
20
21
Another example, rather poignant again I think has to do with the collapse of the cold war. I was
22
fascinated that when the cold war ended most of the farmer what we call eastern European States
23
wanted to join NATO, having been raised as a child of the cold war thinking we could die in a
24
nuclear holocaust I had to scratch my head thinking these were the one that is wanted to kill us a
25
little while ago now they want to join NATO of all organisations? The fundamental reason was
26
to benefit from the collective self-defence promise of Article 5: The parties agree that an armed
27
attack against one or more of them shall be considered an attack against them all.
28
29
Well best my soul, imagine that! They are doing that because of the importance of promises.
30
Now this is not going to be a two hour lecture, but a 30 minute presentation so I'm not going into
31
that but I could spend half the afternoon talking about whether the Americans understood the
32
promises they were making and whether the other partners did and so on.
33
34
I just conclude this part by saying this, few matters can raise the diplomatic temperature so
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quickly as an allegation to the effect that a state has broken an international promise. It often
2
makes the newspapers.
3
4
Some of the most solemn international promises are accompanied by a monitoring system which
5
I dare say some of you will know, under which States submit regular reports to a panel of
6
independent experts in an effort to assure other states that the reporting state is keeping its
7
promises. This is true for instance of the famous international covenant on civil and political
8
rights of 1966, it's true of the torture Convention, it's true of the disability Convention.
9
10
Gerard asked me to say something about immediate obligations and progressive obligations.
11
The obligations in most treaties, including human rights treaties, are to be regarded as effective
12
immediately. The treaty will say that in very clear language usually, for example states ratifying
13
the European Convention on Human Rights immediately guarantee the observance of the broad
14
range of rights in the Convention.
15
16
So that's what the language says. The high contracting parties shall secure to everyone within
17
their jurisdiction the rights and freedoms defined in section 1 of this Convention. Shall secure, it
18
means now, immediately.
19
20
But sometimes a human rights treaty provides that rights can be secured only progressively over
21
the course of time. There is in other words no immediate guarantee there will be observance to
22
the right. An easy example is the international covenant on economic, social and cultural rights,
23
each State party undertakes to take steps to the maximum of its available resources, with a view
24
to achieving progressively the full realise of the rights recognised in the present covenant by all
25
appropriate means.
26
27
Well you can notice the difference between an immediate guarantee we've just looked at, and
28
this particular promise, to be secured over the course of time, so that States promise to take steps
29
to the maximum of available resources with a view to achieving progressively, by all appropriate
30
means. That's not a promise to do it immediately; it's a promise to do it over the course of time,
31
reasonably.
32
33
States ratifying the disability Convention make both types of promise, on the one hand as most
34
of you probably know, on the one hand certain rights are guaranteed immediately, for example
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the right to non-discrimination but States also promise that economic, social and cultural rights
2
will be secured only progressively over the course of time.
3
4
I now finally turn to what Gerard wanted me to talk about in the first place, which is to say treaty
5
law. And I'm inclined to say at the outset that every developed society has a system for dealing
6
with the making, the interpretation, the validity and the termination of binding promise, in other
7
words a domestic law of contract. When I used to teach contract law for about ten years in this
8
university I taught it giving a lot of examples from my own family, mistakes we had made and
9
so on.
10
11
Only later did I learn for different reasons that students often hated the law of contract, now not
12
my law I have to have say, elsewhere! And I was interested because making promises is
13
fundamental to what you and I are. We make promises within the bosom of the family for
14
instance, we make promises to our spouse, our partner, to our children, we make promises to our
15
friends, to our neighbours. The making of promises is fundamental to human society.
16
17
Well the same is also true in international affairs, the making of promises is fundamental to the
18
international system of sovereign States.
19
20
So I now turn to the two things Gerard asked me especially to talk about, one is the issue of
21
reservations to a treaty and I will put it colloquially with reservations a State is in effect saying I
22
didn't make that promise or rather perhaps we didn't make that promise. When at State decides
23
to ratify a treaty, it may nonetheless take the view that it cannot accept a particular provision, for
24
various reasons, they could be constitutional, legal or political or social.
25
26
Under such circumstances it may decide to make what's called a reservation to that particular
27
provision. This is a declaration to the effect that the State declines to be bound by that provision
28
in international law. In layman's terms it refuses to make the promise.
29
30
Well one might ask oneself why allow that? Isn't that rather confusing? In a sovereign system
31
of 200 States isn't that rather confusing? We believe from a policy point of view it's preferable
32
that a state which can't accept certain provisions of a treaty which can be long, participate even if
33
only in a more limited way rather than be excluded from the operation of the treaty altogether.
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So I give you an as example with four basic promises, 1, 2, 3 and 4. And the State in question
2
accepts promise 1, accepts promise 2 and 4 but finds it difficult for some reason which we don't
3
care about to accept promise 3, it makes a reservation.
4
5
There is nothing necessarily wrong or sinister in a State deciding to make a reservation, even
6
though it sounds unpleasant. In the best of the modern books in the English language about
7
treaty law, modern treaty law and practice in its third edition this September, the writer says
8
there is nothing inherently wicked or even undesirable in formulating a reservation, in many if
9
not most cases the purpose of the reservation is merely to adjust the reserving State's obligations
10
under the treaty to conform to its domestic law where for political or cultural or social reasons it
11
is not feasible or desirable to change the law. That's especially true of federal States like
12
Australia, Canada, United States.
13
14
The relevant treaty the Vienna Convention on the law of treaties says a State can formulate a
15
revision unless for instance the reservation is prohibited by a treaty. Sometimes a treaty will say
16
no reservations are allowed so that for example the Law of the Sea Convention, which has about
17
320 articles, says no reservations are allowed, in the abstract that's exactly what it means.
18
19
A second situation is where specific reservations may be made to take a single example, the
20
second protocol to the international covenant deals with the death penalty and the idea is to
21
prohibit the death penalty, that's dealt within Article 1.
22
23
So arguably to make a reservation to that article would be to make a nonsense of the treaty. But
24
nonetheless, in article 2 a State can make a reservation in order to allow capital punishment in
25
the case of serious military offences in wartime.
26
27
The last situation is maybe the most interesting but the most complicated. The reservation is
28
incompatible with the object and purpose of the treaty. Because this is one which seems to
29
frustrate the very purpose of the treaty itself.
30
31
An example might be where a State ratifies a treaty dealing with non-discrimination in public
32
life, but says that certain forms of discriminatory treatment would be okay, in the abstract that's
33
to make a nonsense of the treaty. For example the disability Convention allows reservations but
34
prohibits reservations incompatible with the object and purpose of the treaty.
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1
2
I then turn, rather I now turn to objections to such a reservation. It sometimes happens that a
3
contracting party may take the view that a reservation made by another contracting party is
4
unacceptable because of one of those three grounds. Under such circumstances the contracting
5
party might choose to lodge an objection to the reservation.
6
7
This means that the objecting State does not accept the reservation. In fact, this is not regarded
8
as a hostile act, although nonetheless its disquieting because the reserving State may not like to
9
find people are objecting to its reservation, I'll give you an example in just a moment.
10
11
This is the hard part. I almost want to apologise. I have to talk about the legal effect of all this,
12
it gets easier in a minute.
13
14
The legal effect of a reservation is to modify the reserving State's obligations with regard to non-
15
objecting States to the extent of the reservation. Because the international legal system is based
16
on voluntarism as well as reciprocity, such a reservation also modifies the non objecting State's
17
treaty relations with the reserving State to the extent of the reservation -- that's a mouthful but I
18
tried to make it clear, I will in just a moment.
19
20
I will give you an example of the diplomatic bag. What it means is that each State can benefits
21
from the reservations of another one. If you look at the diplomatic bag, one of the most sacred
22
rules of international law is that a diplomatic bag is inviolable, that means no State can open or
23
inspect it or detain it.
24
25
But the treaty also provides that the bag may only contain official documents and articles
26
intended for official use.
27
28
Some Arab States in particular Bahrain, Kuwait, Libya and Saudi Arabia, made reservations to
29
the Convention to the effect that they reserved the right to inspect the bag if they suspected that it
30
contained items that were not authorised by the treaty. They had in mind I think alcohol and
31
drugs. Under these circumstances other contracting States, which didn't make the reservation
32
can nonetheless excerpt a right to inspect the dip mat lick bags with regard to Bahrain Kuwait,
33
Libya and Saudi Arabia in this way.
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The treaty is ratified by 189 States. So 184 States say we agree never to inspect a diplomatic
2
bag, never, never. Four States say sometimes we will if we suspect that the bag contains
3
prohibited things. Qatar said we will if the sending State agrees.
4
5
The promises are reciprocal that means that 184 countries, they say well okay, in that case we
6
are allowed to inspect the diplomatic bags of the reserving States, or in other words back to
7
where we were, one of the most sacred rules of international law is that you can never inspect a
8
diplomatic bag, some will remember if you were old enough, when a shot or shots were fired
9
from the lib I can't think Embassy in 84 and a police woman was killed it was known that the
10
shots had come from a window of the Libyan Embassy in London and there was furore that
11
someone shot the woman in cold blood and it was known it came from the Embassy.
12
13
But after some days it was arranged that the dip mats could leave Britain freely and some of
14
them carried with them heavy bags, you could see the bags were heavy from the way they were
15
walking, and people were outraged that Britain did not inspect those bags, knowing they must
16
have contained Rifles. But Britain said we're not able to inspect the diplomatic bags that was our
17
promise so they did not inspect the bags.
18
19
What you are seeing here is that if the State refuses to make such a promise, other States are then
20
released from their own promise with regard to that particular State.
21
22
I now want to turn finally to the disability Convention and look the reservations, this was a kind
23
of warming up exercise! I'm a lawyer what can I say, I have to apologise!
24
25
Now there are four important reserving States; El Salvador, made a reservation to the effect the
26
constitution takes priority to anything in the treaty, which is not possible. So a number of States
27
objecting. Iran made a reservation, which was wider still, Iranian law takes priority over the
28
treaty, and a number of States objected.
29
30
Malaysia made, I think almost a stranger reservation, it said it was not bound by the torture
31
provisions and not bound by the freedom of movement articles. A number of States objected.
32
Finally, Thailand made a reservation that freedom of movement in the treaty was subject to Thai
33
law, four States objected. So going back to where we were, these objecting States said what you
34
are trying to do is incompatible with the very object and purpose of the treaty, it cannot be done.
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1
2
Well I was talking to one of our colleagues here about the, it turns out one of my favourite
3
detective shows and his Columbo and I'm going to ask you to be Colombo for a second when I
4
see these and made a list I noticed two things that were very striking.
5
6
I'm going to ask you do you notice a couple of striking things about the objecting States? A
7
clue! What's the point of a detective story without a clue?
8
9
So getting back to where we were El Salvador reserved on constitution, Iran on Iranian law,
10
Malaysia talked about not being bound by torture and Thailand on freedom of movement and
11
these States said you cannot do it, your purported reservation is incompatible with the treaty.
12
We'll talk about that in a minute but what I want to know now is whether you noticed anything
13
unusual? What do you notice?
14
15
I don't want to make you feel bad but my students always used to get this right!
16
SPEAKER: All European.
17
PROF DRISCOLL: You noticed? I'm surprised; in that case I'll give you the first one. The first
18
one is this, how many States are in the international system, roughly 200, there are I think 193 in
19
the UN, right? Notice something that groups these objecting States.
20
SPEAKER: European.
21
PROF DRISCOLL: Who said that? Good for you somebody. Yes. I noticed that they are
22
comparatively wealthy States minus let's say Mexico I'm not sure about that, but they are
23
comparatively wealthy States and indeed they are all European.
24
25
Now there are 200 States of the international system, notice that anybody who objected was a
26
wealthy State. I find that interesting. I will come back to this in just a movement, but I then
27
scratched my head, why would that be so? And I remembered Rosemarie making some kind of
28
comment, well afterwards at this particular stage last year, and I think I made a comment that she
29
didn't like, we'll see what happens this time!
30
31
Ready, here we go: Because one of the issues is the difficulty of drafting treaties, difficulty of
32
implementing treaties, difficulty of keeping promises and so on, here's what I noticed. Notice is
33
the wrong word. These are international lawyers in the legal divisions of foreign Ministries just
34
by way of example and this was 15 years ago.
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1
2
The United States had 128 international lawyers in the State department. The next most
3
populous number of lawyers was China at 58, interestingly 54 spoke English, one Russian, one
4
Japanese and one French I forget the other. UK had 28, Netherlands had 22, Sweden had 18,
5
India had 10, I'll return to that in a second. Guatemala had only 4. Costa Rica had only 4, but
6
I'm interested in India. Ten. The reason I find this especially interesting is from a personal
7
anecdote, years ago our department of foreign affairs asked me to write a report on the better
8
provision of legal advice so I had to go to a number of countries and look at how it was done,
9
countries in Europe.
10
11
But I became very friendly with a legal advisor in India and I think it was after my report was
12
done, I can't remember that part. He and I were meeting in New York and as we walked past the
13
UN I didn't know how many lawyers they might have in the Indian foreign Ministry. I thought it
14
could be 200, his name was Sinu Raou and I said Sinu how many lawyers do you have in the
15
foreign Ministry I will never forget his answer 10 and half of them are no good so we really have
16
five!
17
18
I remember thinking oh my goodness, 5 into a billion is one lawyer for every 200 million people.
19
Now getting back to what we saw a minute ago, one of the problems is that for many countries
20
and virtually all developing countries they haven't got the manpower if I may use that word, to
21
deal with reservations to treaties it's too Esoteric, the only one that is can really do is are the
22
wealthy western States and especially in Europe, with co-operation in the EU, when one State do
23
-- so 60% of all reservations in the world are lodged by United States, Britain, Sweden,
24
Netherlands and Germany. 60% of all the reservations in the world roughly.
25
26
Meaning we require economic resources to understand what's going on. Now Gerard was
27
talking about that in a different context this morning of the so that one of the reasons for the
28
puzzle that I asked you about, is in my view, that no-one's there except for Mexico, no-one is
29
there other than a prosperous State.
30
31
But I said there were two strange things. The first one I think you were getting, the second
32
strange thing is from the Sherlock Holmes stories, there is also a clue from the dog that doesn't
33
bark. What's the other thing that's a bit odd? Remember what we're talking being here is a
34
reservation which arguably is incompatible with the very object and purpose of the treaty, like
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for example the Malaysia one saying they don't agree to prohibit torture for instance.
2
3
Well I think there is something very strange. What's the second thing? Well a clue would be
4
this.
5
SPEAKER: There were no objections from all the other States. By all the other States.
6
PROF DRISCOLL: Thank you very much. What I find strange about it is these few States have
7
said to El Salvador that their purported reservation is incompatible with the very object and
8
purpose of the treaty, yet almost no-one agrees with those States including the other members of
9
the European Union.
10
11
The same is true of the reservation of Iran, almost no-one agrees even amongst the members of
12
the EU. The same is true of the torture reservation, the other 125 States don't seem to be
13
bothered, isn't that interesting? Because we're not talking about a quibble now, we're talking
14
about a State that says your purported reservation is incompatible with the very objective
15
purpose of this treaty, yet even the European States would not agree with each other.
16
17
So Ireland for instance has not objected, Ireland rarely objects. Well if I have to go to the default
18
position my default position is this one. That in the foreign Ministries of most countries the
19
lawyers are really stretched, we have I think eight lawyers in our department of foreign affairs
20
approximately, the lawyers are really stretched. So that it's very hard to look at the minutiae of
21
what's going on. I think that probably is the single easiest answer to the puzzle.
22
23
Now I want to ask myself what exactly is the promise that has been made? Or to put it another
24
way, how shall we interpret the promise? What does it mean? I used a rather highfalutin’ word
25
last year but I agree with myself, it's still magisterial. For a few decades the best book on the
26
law of treaties was written by Lord McNair, and he said interestingly, there is no part of the law
27
of treaties which the writer approaches with greater trepidation than the question of
28
interpretation.
29
30
The problem is words often contain a degree of ambiguity. In the interests of time I'll leave that
31
example and move on. For example, the promise guaranteeing the right to life. Article 6
32
paragraph 1 of the international covenant on civil and political rights provides that every human
33
being has the right to life.
34
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Does this mean that abortion is prohibited under the covenant or it is not? For example I was
2
living in China as you heard for a few years, teaching at the very best of the law schools, Peking
3
University Law school. And I was asked by the law school to teach the toughest things in
4
Chinese culture, the right to privacy, the rights of minorities, the right of self determination, the
5
death penalty and so on. And when I got to the right to life I said to my Chinese students that
6
abortion is unconstitutional in Ireland. They said what? I said abortion is unconstitutional
7
because God doesn't like it. They said God? God? I said yeah, God doesn't like it.
8
9
Well now in a serious vein is there the possibility of abortion or is there not? On the treaty, the
10
treaty says every human being has the right to life. A foetus is an unborn human being. Well
11
who is violating the treaty and who is not?
12
13
To take other examples freedom of expression, in the bosom of my own family there is a debate
14
about freedom of expression, I am a kind of crazy liberal and I think that sexually explicit
15
material is okay in the privacy of one's own home. My wife thinks it absolutely is not because it
16
encourages mean to behave like beasts. Well on one questions I have forgotten my God, is
17
pornography okay or is it not? But the point is there is a debate about what it means so with
18
regard to what Gerard said this morning, he talked about cultures disagreeing I think it's more
19
profound than that.
20
21
I think one culture disagrees, if you stood outside supermarkets in Ireland today and -- well if
22
you had done it ten years ago and said to people what do you think about China? They would
23
say I'm sure, large country, lot of people, no freedom of speech. Well if today you stood outside
24
supermarkets in Ireland and asked about freedom of expression and then you turned to, politely
25
one could say sexually explicit speech, impolitely and really I would say pornography, there
26
would be a great difference of opinion.
27
28
So I think the answer to the riddle goes beyond many cultures, even in the bosom of one's own
29
culture, that a right has a core meaning and then there is a penumbra, a shadow where there isn't
30
really agreement and that agreement takes time.
31
32
I remember when I was a law student in Trinity Dublin, the person who taught me criminal law
33
made fun of police beating people in interrogation. I remember being horrified, thinking wait a
34
minute, innocent until proven guilty, as in South Africa. How can we make fun of the police
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beating the crap out of people and he thought it was funny so did some of my classmates. But I
2
have to speculate in 2013, I think if an Irish TV programme today said police were beating the
3
living daylights out of people in interrogation people would be outraged, that is to say the culture
4
has changed over the course of my lifetime.
5
6
And so it is with the right to privacy, so it is with the right to a fair trial. But I want to point out
7
that this ambiguity also exists in the bosom of the family. For example I tried to think of some
8
family rules. One rule I remember distinctly in my family was be considerate, another rule was
9
be helpful, another rule was be kind, maybe the hardest one was be fair.
10
11
Well I think it's debatable what kind of conduct is fair and what kind is not. Or in other words
12
it's not simply between the Russians and Americans and Chinese but rather within the bosom of
13
the family there was a debate about what kind of conduct constitutes violation of the norm.
14
15
The next problem is that international agreements are ambiguous this is probably for two
16
different reasons. On one hand sometimes internationally a word or phrase is chosen to conceal
17
disagreement rather than to reveal agreement, because if the only way we can get the resolution
18
passed.
19
20
Secondly, international treaties are typically drafted now in a multiplicity of languages, UN
21
treaties are drafted in six languages. All of which are regarded as the authentic versions of the
22
solemn promises.
23
24
Over the years sometimes for fun I listen to interpretation when I attend an international meeting
25
where there were UN qualified interpreters, therefore unusually good, and even there, there is a
26
nuance between what's said in one language and how it's interpreted in another language so it's
27
ambiguous.
28
29
I said last year to this group even if I use a word you won't necessarily know exactly what I
30
mean, depending on how I use it and the example I remember giving was "Yes." I could say
31
"Yes! " it's different than yes ... or yes.
32
33
We spend much of our lives dealing with these bundles of ambiguity.
34
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1
I now turn to how in the world can we interpret these things? There are three main schools of
2
thought, which I'll try and deal within maybe six or eight minutes. The textual or ordinary
3
meaning school, the intentions of the parties school and the object and purpose school, that
4
sounds gibberish but I'll try and make it sound a little sensible.
5
6
The textual ordinary meaning school argues that treaties should be interpreted in accordance
7
with the actual text of the treaty, it is essential to emphasise the actual words the negotiators
8
used, that's what they meant, the words they used. These words presumably reveal what the
9
parties intended to promise.
10
11
I then said oops, but words as we just saw are ambiguous. Further, that an issue of interpretation
12
arise see between two countries suggests of itself that the words in the treaty cannot magically
13
reveal what the parties intended to promise. In that case isn't it more appropriate to look at what
14
they intended rather than the words?
15
16
This is the intentions of the parties school. This school argues that the prime objective of the
17
treaty interpretation is to give effect to the real intentions of the parties. This can be done by
18
examining all the evidence, for instance the negotiating documents. I then say oops, the
19
difficulty with this approach is that what the parties really intended maybe obscure. For example
20
in UN discussions they often go to rooms where they don't record the argumentation and then
21
they come back with a decision, it's lard to know exactly what was intended, the EU does the
22
same. So a hunt through secondary documentation may lead the hunters over hill and deal,
23
hence the Great Wall of China, it could be a long-term wild goose chase.
24
25
Finally the object and purpose school, in this approach jurists argue that what really is necessary
26
is not so much the words that the parties chose to use, and not so much the negotiating history
27
but rather what the parties hope to achieve. Well that makes a lot of sense. In this regard the
28
jurists argue, it's necessary to look more broadly at the goal of the negotiating parties and then to
29
interpret the treaty in the light of that goal. I like that one it sounds rather clever.
30
31
Oops, the difficulty with this approach is that it may be hard, indeed impossible, to determine
32
what the objective and purpose of a treaty actually is. Take for example Law of the Sea
33
Convention it has 320 articles. Well what is the object and purpose of a treaty with 320 articles?
34
One can't know.
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1
2
The Vienna Convention resolves this debate amongst legal Jesuits by adopting as the rules of
3
treaty interpretation all three approaches, isn't that good news!
4
5
Well in the interests of time I won't read what the Convention says but in effect it adopts all three
6
approaches without favouring one over the other.
7
8
So I have some concluding observations. I have also discovered part of my PowerPoint
9
presentation is missing! I don't know what happened but I'm not going to look for it!
10
11
Participants shouldn't be led astray by this chase I have just taken you through. Because we can
12
make it a bit simpler than that it seems to me. We have to remember that the primary rule of
13
treaty law as we saw earlier was that a treaty is to be performed in good faith.
14
15
In other words no mischievous interpretations. We shouldn't doubt that the parties to the
16
disability Convention intend to implement the Convention's promises in good faith. My own
17
humble view of this, it may be naive, is that, and I've taught human rights for 40 years, is when
18
the Indians for instance ratify the racial discrimination Convention I personally think they
19
wanted to eliminate racial discrimination despite the horrific problems India has.
20
21
The same would you true in Nigeria despite the problems between the Christians and Muslims I
22
think the States really want to do it in good faith, they wish to resolve that problem.
23
24
The reservations to the Convention, which I was asked to talk about, are in fact very few, as you
25
saw. Objectors to those reservations are fewer still, as you saw.
26
27
On the matter of treaty interpretation the Vienna Convention on the law of treaties has attempted
28
to set out the essential elements. And I, at the risk of seeming mischievous tried to summarise
29
them to myself last night in this way -- sorry I'll read what Sinclair said and then summarise.
30
31
Sinclair says the Convention rules on interpretation have their value by placing emphasis on the
32
key elements of the interpretation and also on the relationship between the elements, the
33
Convention rules establish a set of guidelines. Well here's the way I summarise it
34
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When considering treaty interpretation there are in fact parameters, but I have to conclude in all
2
honesty the parameters are very wide. In my view therefore, you can interpret the treaty in good
3
faith, almost as you like.
4
5
You don't need to see the parties but that's the map that the UN uses and I simply need to say
6
thank you.
7
MS CASEY: I'm not a lawyer and I found that absolutely fascinating, I did, I have a million
8
questions which I'll talk to you about, but that was food for thought. Does anybody have a
9
comment to make and as Patricia suggested I can collect two or three at a time -- or he might
10
want to run. Comments or thoughts, questions. We'll take three.
11
SPEAKER: Thank you for the lecture, it has been really interesting this discussion about how
12
some countries object, other countries declaration or interpretation about the CRPD, because it's
13
really interesting how Canada for instance has made a really strong reservation about an
14
important article of the CRPD, Article 12, the core probably of legal capacity and there is no
15
objection about that reservation of Canada. And it's going to be interesting probably how it's
16
going to work before the committee, because probably it will arise if the reservation is against
17
the purpose of the treaty, so I don't know if you have any comment about that.
18
SPEAKER: I actually have almost exactly the same question, but I'm just adding that it's not
19
only Canada, but also the UK and Estonia for example have had reservation on Article 12 and I'd
20
like to have your opinion on that.
21
SANJAY: Thank you for an excellent presentation. I have one, with the change, of social
22
political right, particularly with Convention like CRPD, in this context how to understand
23
whether particular obligation is immediate and continuous or it is progressive? Particularly if I
24
were to draw your attention to obligation to provide reasonable accommodation.
25
MS CASEY: That's a comment. Have we enough?
26
SPEAKER: My name is Gabriel. My comment and question is related to how the government
27
-- because if we see that 8% of world population have no access to formal justice, that's the
28
reality. How can a State or government justify the legitimacy to sign and ratify a Convention, an
29
international Convention? Is it done without consulting as Mozambique do because we ratify
30
everything, we like signing documents! Especially when it involves travelling to New York to
31
sign them. Our president will be the first on the plane! It doesn't mean that he has consulted the
32
people. 80% of Mozambicans never seen a lawyer. They want to access the formal justice.
33
They are ruled by informal traditional judicial system, and this is the biggest difficulty I find
34
with human rights and with the UN, how deep it goes into different realities and how can we
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make it universal? Because it is universal I think.
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PROF DRISCOLL: May I take that one first? There was a study many years ago now of the rat
3
case of ILO treaties labour treaties, and it was discovered that in the case of many industrialised
4
States, almost all of them, they only ratified once their law was in accordance with the treaty
5
promises, in the case of many developing countries they ratified, let's say in a fit of enthusiasm,
6
though upon ratification they were immediately, violating the treaty, the idea was over the course
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of time they would pass new legislation and so on. But there was a distinction between
8
developing countries an industrialised countries.
9
10
The second thing I would say in relation to your question is, that's why I looked for this
11
particular slide again is that in my opinion, without wanting to make excuses for countries, in my
12
opinion in many foreign Ministries the lawyers are overwhelmed with work. And that ratifying
13
certain treaties and certainly objecting to reservations of others is not a particular high priority.
14
They are overwhelmed with work.
15
16
I dare say if you talk to the lawyers of Sweden they will say that and there are 18 of them, not as
17
in Guatemala, only four. So that without, again wanting to make excuses, I would say that in the
18
case of many developing countries the legal team in the foreign Ministry is overwhelmed with
19
work.
20
21
I would also say that in many cases their background is in international law might not
22
necessarily be strong, unlike say the British foreign Ministry, foreign office where the
23
background of those people selected to be lawyers is remarkable. When I used to be at the UN
24
on behalf of Ireland years ago, I was amazed to see, intrigued to see in the legal committee that
25
people would sometimes take a break to have a coffee, go to the toilet, make a phone call, and if
26
the Chairman said the chair calls on the UK, people making for the door with scurry back to their
27
seats, honestly! And I thought what a great credit to the lawyers of the British foreign office, that
28
their expertise was such that everyone wanted to listen to what they had to say. That wasn't true
29
of many delegations I must say.
30
31
So one problem in developing countries is that their background might not be as strong,
32
depending on the country as in many other places. Years ago and I can't remember why, I was
33
asked to train lawyers from Africa, in foreign Ministries. I can't remember how it arose, but I
34
gave them a couple of days of training about international law. And I was tickled pink thinking I
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was doing God's work, wow this is good, earning my way to heaven.
2
3
A couple of years later, by the UN, I bumped into one of the people I had trained in Africa and I
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can't remember from where. I was delighted to see him, how are things and I then asked about
5
some of the people I had trained. And he said oh he has gone to a law firm, he has gone to a law
6
firm, it was almost all men, he has gone to a law firm -- I was gob smacked, I said why? I
7
thought I was training these young people for life, to be of service to their people in the foreign
8
Ministry. And the man answered, but you know in the law firms once they learn about
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government affairs in the law firms they get paid five times as much. I honestly hadn't thought
10
of that, it shows you how foolish I am I suppose!
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12
I honestly hadn't thought of that, but then I thought to myself, that's a real pity, on the other
13
hand, everybody deserves prosperity for his or her family. And by the time the kids get a little
14
older and you answer maybe a larger house, college education, people probably need more
15
income. So I couldn't blame those individuals, but what I learned from that little episode was
16
that the civil servants in Ministries have a kind of fragile position, the Ministry can't count on
17
their knowledge and wisdom for a long time necessarily.
18
19
So getting back to what I was saying to you, in addition to being short staffed, sometimes they
20
don't have remarkable international legal understanding and can therefore more easily make
21
mistakes I would say. So that's part of my answer.
22
23
Now with regard to the two questions here about reservations to Canada and I forget where else
24
you said. What I was looking at there were not reservations but reservations objected to on the
25
groups they were incompatible with the object and thrust of the treaty. One of the puzzles I tried
26
to bring out for you was in fact that very few States objected.
27
28
On one hand it's because as I have already said lawyers are pressed for time, they have many
29
other priorities looking at somebody else's reservations is not a great priority. So that would be
30
No. 10 out of 100 probably. So that's part of the answer. The other part is that it's hard to puzzle
31
out, I can understand let's say -- think of a prosperous State -- Sweden might not have made a
32
reservation or objection here, but the puzzle to me is I would have thought if a reservation was
33
truly incompatible with the object and purpose of the treaty all the European States would object,
34
because it should be so glaringly obvious. But that doesn't happen.
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So I end up first of all not really understanding and secondly, thinking that maybe there is more
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truth in what I said here than even I imagined. I know that in Irish foreign Ministry people are
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really stretched and it's very hard to keep track of reservations, it's simply not a high priority on
5
the part of those few people.
6
7
But as to the rest, there could even be political reasons for not objecting. And that I can only
8
speculate, but there could be political reasons for not objecting to a close ally or something of
9
that kind. But more than that I probably can't help you. If you like we can talk about it
10
privately, that's probably the best I can do.
11
12
Then the last question was the gentleman with the glasses, I'm afraid I have a slight hearing
13
disability I couldn't quite make out the question so if he wouldn't mind repeating it?
14
SPEAKER: Yes my question is in the changed circumstances when we no longer provide social
15
economic rights, if we want to interpret UNCRPD how do you find out if a particular object is
16
immediate and continuous and another object is progressive. For example, reasonable
17
accommodation, object to provide reasonable accommodation. Should we say that is immediate
18
and continuous or should we say it is progressive be subject to economic capacity and
19
development of the State?
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MS CASEY: Would that be easier over a cup of coffee? I'm just going to - Sanjay will you join
21
him for a cup of coffee he is finding it difficult to hear. For all of you it's time for coffee again,
22
be back in the room for ten minutes we have Janet and Rosemarie to close the day, so ten
23
minutes and a huge thank you to Prof Dennis Driscoll.
24
25
Coffee break
26
27
MS CASEY: Okay we're back. We'll leave the last few stragglers! So for the very last part of
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today which is, well I've found it an incredible day and an awful lot of information what we have
29
for the last part of the day is a really highly interactive session. Just to make sure that you don't
30
get too sleepy after the last cup of coffee, to make sure you're still full of energy and give it all
31
you've got. We have a double act here.
32
33
We have Janet and Rosemarie, I don't have to do anything for the next hour, I'm so delighted.
34
The topic, which they are going to discuss, is using the treaty tools to handle the CRPD resolving
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vagueness, conflicts and gaps. I am with no further ado to take it over to these two fine ladies to
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make us work hard and enjoy the last hour of the day.
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MS LORD: Yes we do want to make this interactive, so basically we'll talk about a particular
4
topic and then introduce a scenario for us to work through together so basically our objective in
5
doing this is to show you how we might use some of the tools of the treaty and other analytical
6
tools to analyse problems, or assess problems of interpretation in the treaty, how might we utilise
7
various tools if we are analysing draft legislation, or if we are assessing state compliance with a
8
particular treaty obligation?
9
10
Sadly the treaty doesn't answer all questions, we have discovered in the several years since its
11
adoption. And thus we need to very often look beyond the treaty in order to find appropriate
12
answers. So we've basically laid out various types of scenarios for us to really work through
13
together, you need not necessarily have the treaty text in front of you, although if you do have it
14
accessible to you, it might be somewhat helpful, you certainly need not be a lawyer to participate
15
in this.
16
17
So I am going to switch to the first slide and handover to Rosemarie.
18
MS KAYESS: As Dennis introduced to you earlier the interpretation on the law of treaties is the
19
guiding document about interpreting treaties, the Vienna Convention sets out the rules by which
20
treaty interpretation is to be done.
21
22
So the Convention is applicable to all international treaties both bilateral and multi lateral,
23
human rights and others, so it's not specifically designed to be talking about human rights
24
obligations, it's talking about a wide range of treaty structures.
25
26
So articles 31 and Article 32 are the two critical articles in terms of treaty interpretation, I'm
27
being talked about by two ladies up the back! And it lays out the rules of interpretation, so it
28
must be interpreted in good faith and Dennis has given us a rich understanding of what these,
29
what he believes these elements are about.
30
31
So in plain language ordinary meaning, within the context of the treaty, consistency with the
32
object and purpose of the treaty, subsequent practice is also relevant and recourse may be made
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to preparatory work and the context of drafting, so the Travaux, to confirm ordinary meaning or
34
where meaning is ambiguous or leads to unreasonable result.
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Us lawyers are all quite excited about having an interpretive matrix. When looking at CRPD or
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any of the core human rights instruments, the interpretive matrix is made up of the treaty text,
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including the preamble whilst the preamble is not part of the binding obligations, the preamble is
5
part of the interpretive matrix and any annexes. The Travaux or preparatory work of the treaty,
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in the case of CRPD, thanks to the NGOs, we have a rich source of Travaux with the summaries
7
that were collated, obviously, daily by a mission led by the survivors and then later by DP I.
8
9
So it provides a great source of the daily discussions and rich conversation that was had around
10
the negotiating process. And also treaty body work, including general comments and concluding
11
observations. So the work of the treaty bodies. The committee on the rights of persons with
12
disabilities but also other treaty bodies can inform part of the interpretive matrix.
13
MS LORD: In addition to reports issues by the special rapport your and other UN agencies, a
14
whole variety of material that's starting to grow in the years since the adoption of the treaty that
15
are lending themselves to our, potentially our greater understanding or perhaps more confusion
16
over the meaning of variation provisions.
17
MS KAYESS: So both charter and treaty tools are available to people, to form part of the
18
interpretive matrix.
19
20
We've got a couple of scenarios for you and what we want to do is work through these scenarios
21
just to look at how you take some fairly simple problems and try and identify the solutions.
22
23
So country X is drafting legislation on inclusive education and is party to the CRPD. The
24
Ministry of education is concerned about ensuring that the draft statute is fully consistent with
25
education provisions in the CRPD. Specifically, they are concerned about how to clarify the
26
meaning of general education system, inclusive education and reasonable accommodation in
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Article 24.
28
29
Article 24 of CRPD is the article on education. And so how might someone go about getting
30
clarity to those words and terms within Article 24?
31
MS LORD: Ideas? So what would be your starting point, if you were trying to advise the
32
Ministry of education about what in particular these terms mean, general education system,
33
inclusive education and reasonable accommodation.
34
MS KAYESS: Where might you first start to look?
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SPEAKER: I would probably start at the interpretation section of the Convention itself.
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MS LORD: Excellent. Interpretation section of the Convention. So what would you be looking
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at in the interpretation section do you think?
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SPEAKER: Well those key words.
5
MS LORD: Great, so are these terms actually defined in the definition section potentially, or
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elsewhere in the treaty, excellent.
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MS KAYESS: Does anyone have a copy of the Convention with them open that they can
8
access? So the definitions are included in article 2. So what of these terms or words are defined
9
in article 2?
10
SPEAKER: Reasonable accommodation is the only one I can find in the interpretation section.
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MS KAYESS: Okay so article 2 gives us some clarity around what reasonable accommodation
12
is.
13
SPEAKER: Communication.
14
MS KAYESS: Communication as well but that's not one of the terms that the Ministry is
15
concerned about, but if it was a question about communication there is a definition of
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communication within article 2.
17
18
Where else -- okay reasonable accommodation, we can go to the treaty itself. There is an article
19
within the treaty that gives us greater clarity around the term reasonable accommodation. What
20
about the other terms like inclusive education and general education system? If we can't find it
21
within the treaty itself what other elements might -- what other ways might we be able to bring
22
clarity to these elements of article 2?
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SPEAKER: Universal design.
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MS KAYESS: Universal design is also part of the definitions within article 2, that's not one of
25
the terms that are, that the Ministry is concerned about, but if it was an issue about what the term
26
universal design was about, considering it's a term of art, you could look to article 2, so you
27
could look within the treaty itself.
28
SPEAKER: Any international statements or declarations that define inclusive education such as
29
the Salamanca statement.
30
MS KAYESS: Okay that might give us clues about what, say how inclusive education was
31
defined.
32
SPEAKER: Convention on the Rights of the Child?
33
MS KAYESS: How might the Convention on the Rights of the Child...
34
SPEAKER: Would it not be defined in that?
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MS KAYESS: I don't know, I'm not a CRC specialist, I don't think it gives greater clarity in
2
terms of either general education system or inclusive education, mainly because of the timing of
3
the CRC.
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SPEAKER: At least on the term inclusive education, if at all possible I would try and give it the
5
most general meaning, or at least what I find in a dictionary, so what inclusive essentially means
6
is that it must be incorporated within the actual education system. So I would try my best to
7
explain it to them in plain language, that's where I would start at least.
8
MS KAYESS: Yeah, the general meaning of the word inclusive education, what does the
9
dictionary give us in terms of the word inclusive? What is the generally agreed definition of the
10
concept of inclusive? Marry that to education and we've got a definition around inclusive
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education.
12
13
But what about general education system? If you look at Article 24 it uses the term general
14
education system trying to make a very specific statement. It's all right for me to sit back here
15
and say this, I was the person that facilitated the drafting of Article 24, so this is a bit of stuff that
16
I know well because I know we were specifically grasping with trying to convey a particular
17
point around this.
18
19
So thinking about that, what have we talked about that might give us an answer to what we mean
20
by the general education system?
21
SPEAKER: I think we should also look at the comments comment number five.
22
MS KAYESS: Referencing general comment number 5 on the international covenant which
23
defines education and reasonable accommodation. It references reasonable accommodation.
24
MS LORD: So the treaty bodies these are the bodies that monitor the various core international
25
human rights treaties, the monitoring bodies and they periodically issue recommendations or
26
general comments, typically attempting to shed light on the particular interpretation of a treaty
27
provision or thematic area, or calling attention as general comment 5 does, to the really the
28
marginalisation of persons with disabilities and disability rights within the framework of the
29
human rights system. So our very own Gerard Quinn had a hand in that general comment 5,
30
trying to look at the international covenant on economic, social and cultural rights, through the
31
lens of disability, and that was actually a very pivotal general comment for the purposes of the
32
drafters of the CRPD. And we had a comment down front?
33
SPEAKER: Not any longer, because I was to say maybe I would look for a general comment!
34
SPEAKER: I didn't know if there existed some general comments to Article 24 but I have found
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this very interesting general comments to other articles and other conventions.
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MS LORD: And they may well shed light, there are a number of general comments issued by
3
the Convention on the Rights of the Child, I think there are ones pertaining to children with
4
disability so absolutely.
5
SPEAKER: I think also to look at developing students or the European Court of Human Rights
6
or American court related to the issue. Also look at the SART Convention on racial
7
discrimination, also ICCPR related to articles on non-discrimination, also
8
MS LORD: Great absolutely a huge range of guidance out there during the drafting of the
9
CRPD certainly some countries legislation and jurisprudence was helpful as well as regional
10
jurisprudence absolutely right. Then referencing perhaps the quasi-judicial recommendations of
11
the treaty bodies might be helpful and useful in a particular case.
12
SPEAKER: What if you go back to the preamble, which also mentions the standards rule of
13
equalisation of participation rules 5 and 6?
14
MS KAYESS: Absolutely. That is part of the interpretive matrix to give a link back to the
15
standard rules, the standard rules will have maybe some clarity around both inclusive education
16
and general education system and will point you very much where the direction that we're going
17
to in terms of general education system.
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MS LORD: It's interesting now to trace the newer general comments coming out of the other
19
treaty bodies and see to what extent the CRPD has influenced the development or language of
20
those particular general comments so that international committee on economic social, cultural
21
rights issued another general comment on non-discrimination since the adoption of the treaty and
22
indeed there are references in that general comment to reasonable accommodation to the CRPD
23
and explicitly framing non-discrimination within the context of disability, it's not a very long
24
general comment, we actually wanted a bit more on it, but at least they do have the basics set
25
forth in that general comment.
26
SPEAKER: Can you illustrate which comments?
27
MS LORD: The one I was just talking about, I don't know if it's general comment 20 of the
28
economic social and cultural rights committee with reference to the CRPD.
29
MS KAYESS: Okay so if we look at some of the possible solutions this is something Janet and I
30
put together earlier. Some of the possible solutions may be to go to the Travaux, what we were
31
talking about earlier, if you went to the daily summaries and discussions around Article 24 you'll
32
see the Travaux will reveal that general education means education provided by the country's
33
Ministry of education. It's very important to reinforce that education for children with disability
34
is about education within the mainstream education system and so it should not be education
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that's provided by community services or welfare departments, that it's about all education for
2
children should include children with disabilities and it should be provided by Ministry of
3
education.
4
5
So it's about trying to make a very particular point about the general education system and that
6
was meaning provided by the Ministry of education.
7
8
Inclusive education, so it was about the order of -- the ordinary meaning of the word, so they
9
might look at Article 3 to look at the principles around inclusion, the dictionary as was suggested
10
by one of our participants, and the entirety of Article 24, which will give you a sense of what the
11
negotiations will mean by inclusive, in terms of how education should be accessible and
12
inclusive for people with disabilities.
13
14
And reasonable accommodation, as you quite rightly pointed out is within article 2 of the
15
definitions, provides a definition of the term reasonable accommodation as pertains to CRPD
16
obligations.
17
18
Okay Dennis also raised the very tricky point of reservations and if we look to, we build on what
19
Dennis was saying about assessing the permissibility of reservation, be it a Convention on the
20
law of treaties provides that reservations are permitted unless the reservation is prohibited by the
21
treaty, the treaty provides that not only specified reservations can be made and the reservation in
22
question is of a different kind, and is incompatible with the object and purpose of the treaty.
23
24
SPEAKER: One point, please forgive me, but the point is you are mentioning old Article 3
25
which talks about principles in the CRPD, this article is unique because if I'm correct in no other
26
Convention you find an article dealing with principles, what value we have to attach to this
27
article? Is it a substantive provision or is it an interpretive provision?
28
MS LORD: Don't get me started on my favourite article in the whole treaty!
29
MS KAYESS: Do you want to start or want me to start? Okay we have differing positions on
30
Article 3. Jerome had this earlier today. Article 3 is one of the facilitating articles, but it is cross
31
party article, so Article 3 informs the way you look at all articles across the Convention. We'll
32
be coming back to Article 3 a little bit later this afternoon as we'll be dealing with it in a little bit
33
more detail, but Janet do you want to say any quick words about your favourite article?
34
MS LORD: Well I guess my definition of a general principle is probably more conservative one
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than potentially yours but I think you'll agree with me.
2
3
So general principles are rules of a fundamental and general character that give rise to specific
4
application in respect of specific substantive rights. If we look at the general comments as set
5
forth in Article 3, some of them are more capable than others of giving rise to specific
6
applications and in respect of specific substantive rights, so it's sort of a mixed bag, I have come
7
to love them all however, in spite of that.
8
MS KAYESS: And in spite of Jerome's speech...
9
SPEAKER: Because one important function...
10
MS KAYESS: Sorry can you put your hand up so we can get the mic to you before you start
11
speaking, because everybody needs to be able to hear what you want to say.
12
SPEAKER: Adding to the point, one of the important functions of the principle is perhaps to
13
optimise the scope of the rights. Optimisation.
14
MS KAYESS: You raise an interesting point, that's a really important point, the general
15
principles are included to reinforce elements as a capacity building opportunity within the
16
Convention, you're quite right to point out it's in the first time in a human rights treaty there has
17
been an article that contains general principles and it's about beefing up the interpretive matrix.
18
19
Okay we have a scenario for you here, country X has entered a reservation upon acceding to the
20
CRPD. The reservation states that X reserves the right to continue to apply its current electoral
21
legislation. The electoral code of X provides that election assistance for voters with disabilities
22
will be provided by an individual selected by the local polling supervisor. The legal advisor in
23
the foreign Ministry, I'd say what Dennis he is one of three, has received numerous letters from
24
DPOs claiming that the reservation is not permitted and goes against the CRPD.
25
SPEAKER: I would ask whether this provision concentrates with your favourite article, because
26
with Article 29 not necessarily helps it's probably better with Article 3.
27
MS LORD: Okay looking at Article 3, also probably Article 29 which specifically addresses the
28
issue of political participation, excellent. Article 3 talks about the participation of inclusion of
29
persons with disabilities, non-discrimination, all sorts of good stuff in there, excellent.
30
SPEAKER: I'll try and see if any other countries have made a reservation to the same effect.
31
MS LORD: Yes so have other countries made a reservation, has anybody objected to those
32
reservations and on what grounds they objected, yes.
33
SPEAKER: I would have a look at Article 1 of the Convention because Article 1 gives you the
34
purpose of the Convention which I can't remember off by heart now, but I think it's about full
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participation in society something, I don't have the full formulation, but if you look at that then
2
very clearly this reservation which effectively gives a different standard for participation in
3
elections to people with disabilities violates Article 29 which calls for the right to vote on an
4
equal basis with others, and in that way it violates Article 1, which is the purpose of the
5
Convention, so it's pretty clear that it's an impermissible reservation under the Vienna
6
Convention.
7
MS KAYESS: Good so I'll just read out the first bit of Article 1 the purpose of the present
8
convention is promote, protect an ensure the full and equal enjoyment of all human rights and
9
fundamental freedoms by all persons with disabilities an to permit respect for their inherent
10
dignity. And you're referring to the object and purpose of the treaty henceforth it's very useful to
11
have Article 1. In other human rights treaties we have to discern the object and purpose, we
12
don't have the benefit of the specific article that defines the purpose; we can look at other
13
provisions as well in order to determine the object and purpose.
14
MS KAYESS: Article 1 is great, but we have to remember that Article 1 is a purpose, it's not as
15
Mr Bickenbach likes to reinforce the myth, that it is a pseudo-definition of disability there is no
16
defining definition of disability in the Convention so it's great there is a purpose article. The
17
other instruments are very difficult to work with as Janet says, in terms of defining the core
18
objects and purpose.
19
SPEAKER: I think all I wanted to say was that with all the submissions would one conclude
20
that there is a reservation the Vienna Convention, the reservation, therefore the State should not
21
make such a reservation.
22
MS LORD: Then one up the back on the left-hand side and one in the middle.
23
SPEAKER: I can talk very loud. I'm wondering if you can't also refer to article 22 in respect of
24
this.
25
MS KAYESS: I don't think we came up with that one, that's an excellent suggestion.
26
MS LORD: Right because Article 29 references independence of voting in secret so obviously,
27
yeah it links to article 22. So that's getting specifically looking at this provision that provides
28
election assistance for voters with disabilities will be provided by an individual selected by the
29
local polling supervisor. So apparently the electoral code is referencing the right of persons with
30
disabilities to assistance, now that sounds pretty good, to me that sounds like what the CRPD is
31
calling for.
32
MS KAYESS: It's supporting people to exercise their legal capacity.
33
MS LORD: Any issues with that?
34
SPEAKER: But it has to be a representative -- but Article 29 A, it states it has to be that
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someone, it has to be who freely chose the representative and this again is appointing someone.
2
So it is in direct conflict with 29 A in this respect.
3
MS LORD: So this concept of choice that people have been talking about all morning.
4
MS KAYESS: Voice and choice.
5
SPEAKER: Also if we refer to general comment 25, this is the right to participate in public
6
affairs, voting rights and right of equal access to public services.
7
MS KAYESS: Yeah, which committee of the two bodies.
8
SPEAKER: The ICCPR so the human rights committee. So because denying our political
9
participation or vote, it's basically denial of negative rights, so that exactly doing what States
10
should not do in terms of interfering on those rights. An even before arriving to CRPD it will be
11
violating the ICCPR.
12
MS KAYESS: Yeah it could be seen as a violation of ICCPR prior to CRPD being around. It's
13
not denying people a right to vote, it's about a right to secret ballot so it would be about whether
14
general comment 25 stipulates rules around the right to secret ballot, which I think it would
15
reinforce. Up the back in the middle, de we have the mic up there.
16
SPEAKER: Just a comment not like analysis to the scenario. I think this demonstrates where
17
we were, when we were talking about a shift in society that we don't decide for people with
18
disability, that they have to decide, that this is -- I'm not sure if we can talk, the wrong
19
understanding of the welfare system, that we change, we need to change, that we have to go back
20
from creating dependencies to creating independent sees, that's just a comment.
21
MS KAYESS: So that's another element to voice and choice. It's voice, choice and control, so
22
people with disability have control of the exercise of their voting preferences.
23
MS LORD: This is based on an actual reservation, we won't pick on the State because States
24
across the world have very problematic electoral codes, often that conflict directly with their
25
own constitution.
26
SPEAKER: What about Article 12 in terms of ensuring non prescriptive non judgmental support
27
for voters with disabilities, can this be grounds to object assuming X has not entered reservations
28
regarding Article 12?
29
MS LORD: Sounds good to me. Yes.
30
MS KAYESS: Okay again just some suggestions that we put forward. So are reservations
31
allowable under CRPD? Yes article 46 will give you this answer, article 46 allows for
32
reservations if compatible with the object and purpose of CRPD. So is the reservation of country
33
X compliant with Article 29 of CRPD? Article 29 guarantees the right to a secret ballot and it
34
goes on to say where assistance is required the CRPD requires that the individual voter be
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allowed to select the person providing the assistance. So the local polling supervisor, unless they
2
just happen to be the person that the individual selects, would be contrary to that provision.
3
4
Is the reservation of country X compatible with the object and purpose of CRPD? So you then
5
go and look at Article 1 for purpose but also Article 4, which sets out the general obligations.
6
7
Okay we also mentioned that Jerome what will would you like to say?
8
PROF BICKENBACH: I'm reading Supreme Court in the US struck down Arizona lass on
9
requiring -- also Alabama, the argument is 7.2 which is interesting saying that there can't be
10
undue and arbitrary obstacles placed before the franchise.
11
12
Now the question I have is obviously indirectly related, but could you use your own country's
13
Supreme Court decision with respect, generalising from obstacles in front of the franchise, in
14
this kind of situation? I mean it's a question I've never considered.
15
MS KAYESS: Our High Court had a ruling, it could make a nonsense of the reservation about
16
that, had a ruling saying that basically what the reservation they are putting forward is contrary
17
to what our Supreme Court has to say, so it would be more embarrassing than legally or
18
technically ... but I suppose you could argue that in a domestic state you go back to the DPO and
19
say yeah, tell them our highest court has said this, the department of foreign affairs and trade or
20
department of the Attorney General is saying this, it's a bit ridiculous.
21
MS LORD: Looking at the court, what is the court assessing, is it a constitution, is it a statute,
22
what's the role, what's the hierarchy of treaties.
23
MS KAYESS: And whether the particular statute is seen as part of the implementation, yeah.
24
SPEAKER: Just I have a question because I'm a bit confused after this. Isn't it enough just to
25
refer to Article 29A3, suspect that enough to say that this reservation is in direct conflict with the
26
Convention because it says straightforward that the person should choose the helper himself,
27
isn't that enough? Do we need to refer to other articles or other sources to decide that this is in
28
direct conflict with the Convention? That's what I am just a bit confused about.
29
30
Because the Norwegian legislation is in conflict with this sentence in A3, 29A3 that's why I'm
31
asking. Just yes or no.
32
MS KAYESS: One would like to think that all you have to do is point to Article 29 and say this
33
is in direct conflict with the provisions within Article 24 and that you shouldn't put the
34
reservation. That's not always how the Department of Justices would respond, they may need a
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little bit more coaxing to be able to see that really what they are doing is putting forward
2
something that breaks the fundamental back of their treaty obligations, so you may need to just
3
prop up your evidence with a little bit more, because it's not only about -- no it is just about A3.
4
MS LORD: Well the actual reservation is X reserves the right to not apply the legislation of
5
which one particular provision in the electoral code relates to this. So I think you'd have to look
6
beyond Article 29, could you look at Article 4 which very clearly states that a country needs to
7
bring its domestic legislation in line with the treaty, so that's another way to knock that one out.
8
MS KAYESS: What they are trying to do is draw each article into legislation, but they have an
9
obligation set out in Article 4 that they need to fulfil to the modify, existing legislation that is not
10
compatible with the provisions.
11
12
Okay role of the treaty bodies we've talked about the fact that the treaty bodies play a role in
13
providing interpretive roles treaty bodies play important roles in the interpretation of treaty
14
provisions, particularly in cases where the treaty text is silent, ambiguous or reflects a lack of
15
consensus during the treaty process. Other procedures may also be relevant.
16
17
The Vienna Convention on the law of treaties provides that in interpreting treaties subsequent
18
practice in the application of the treaty may be taken into account. This is debated by some
19
States with respect to treaty bodies. So your country, you go with it. You want to talk about it?
20
MS LORD: Well yeah come countries who would not wish to place any stock in anything that a
21
treaty body says, in part because the treaty bodies do not issue binding decisions only
22
recommendations, many other reasons they simply don't want to be told what a particular UN
23
treaty body in Geneva has to say, alas!
24
MS KAYESS: And they are not alone, I'm not saying it's the USA solely that has that position,
25
some other countries wax and wane when it's in their favour they'll back a treaty but when it's
26
not they'll say...
27
MS LORD: Okay country X, country X is having a tough time of ratifying and implementing
28
CRPD! Country X is preparing its report to submit to the committee on the rights of persons with
29
disability. The Ministry of health has submitted its legislation concerning the permissibility of
30
abortion. One of the articles in the statute provides that abortions are permitted beyond the
31
regular three-month timeframe in cases where it is established through prenatal screening that
32
the foetus has a disability. A human rights advisor at the Ministry of foreign affairs becomes
33
concerned that this provision may be contrary to the CRPD but finds no specific guidance on the
34
issue in the text of CRPD. What should the advisor do?
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How can the advisor find out whether or not this particular provision in the statute is permissible
2
under the CRPD?
3
4
One of the articles in the statute provides that abortions are permitted beyond the regular 3
5
month timeframe, so in other words in this country abortions are permitted up to three months,
6
but where it is established through prenatal screening that the foetus has a disability the
7
timeframe is longer, so you can have an abortion beyond the three months if three natal
8
screening determines that the foetus has a disability. So the human rights advisor is wondering
9
whether this particular provision or distinction or differentiation in the legislation is compatible
10
with the CRPD, but there is nothing specifically addressing this issue in the CRPD, so how
11
might the advisor do the analysis, where might that individual look for guidance?
12
SPEAKER: I think you need to look at article 10 right to life, because this might be regarded as
13
arbitrary deprivation of the right to life. So then you can look at this and also you can look at the
14
commentaries, specifically article 6 of the CPR and then find guidance with regard to whether
15
this could be regarded as a violation of the right to life.
16
MS LORD: Okay I'll read out article 10. States parties reaffirm that every human being has the
17
inherent right to life and shall take all necessary measures to ensure its effective enjoyment by
18
persons with disabilities on an equal basis with others of the so that's one source of potential
19
guidance, as well as commentaries on perhaps that article by the committee, the human rights
20
committee which monitors the covenant on civil and political rights which also has a very
21
similar, almost identical right to life.
22
SPEAKER: I wonder is it actually actual article 10 will be the best option, because there is no
23
agreement internationally when life begins. So there is actually no protection about life when we
24
talk about a foetus so maybe we can refer to a principle of non-discrimination because there is a
25
different weight of that.
26
MS KAYESS: There is no agreed point, several of the Catholic countries have reservations or
27
made interpretive declarations around foetal rights. They use the first line of the Universal
28
Declaration of Human Rights, all human beings are born free and equal and that tends to be the
29
accepted position within a lot of western countries, that human rights are not accorded until a
30
person is born, so foetal rights are not raised under human rights instruments. There are other
31
countries, the Catholic countries that have a very different position about foetal rights, so yes
32
you're quite right, article 10 may not give you the answer.
33
MS LORD: We have article 10 I would credit the Irish delegate with what we have in article 10
34
because there was a realisation around midnight in the New Zealand mission at the UN in New
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York that we were never ever going to come to consensus on article 10 if we got into issues
2
around abortion, euthanasia, a whole range of issues, so he very happily put an end to the
3
evening and got us off to our hotels where we could sleep by essentially articulating the agreed
4
upon language that we have in the covenant on civil and political rights. Although he made a bit
5
of mistake, he was doing off-the-cuff and we realised later on actually the language he put
6
forward was potentially much broader than the covenant on civil and political rights so they
7
narrowed it back down again.
8
SPEAKER: I would advise the advisor to look into prohibition all discrimination because
9
allowing abortion solely on the basis of disability is violating the Convention, because it allows
10
discrimination against unborn children with disabilities.
11
MS LORD: And would you say that it violates the non-discrimination principle or rule in
12
respect of anyone else other than unborn children?
13
SPEAKER: It talks about -- you mean maybe women? Mothers? Because they are affected by
14
it.
15
MS LORD: Expectant mothers potentially, anyone else? Persons with disabilities who are
16
already born maybe?
17
SPEAKER: Also I find the fact that we have double standard for the foetus itself. In one we say
18
everyone or the foetus must be three month but for the disability one you could even accept an
19
abortion, even in cases where the country definition of where life starts, it has passed the
20
pregnancy, and that's discrimination in itself, because if it would be okay -- I think it would be
21
good if they leave the three months for all foetus, but when you start saying okay for this kind of
22
foetus three month is -- the blue foetus is three month, the dark blue is nine month, I mean it's
23
not a good standard to operate.
24
MS LORD: This is a very live issue. The UK Parliament, a committee of Parliament had a
25
discussion on the issue of prenatal screening on the basis of disability, in the US I believe it was
26
north Dakota it may have been south but one of the Dakota States actually struck down
27
legislation permitting abortion on the basis of disability, now it prohibits it. The New Zealand
28
government is reviewing its prenatal screening protocol and the way it's implemented and there
29
was an online publication recently put together by the Canadian scholar Gregor Woulferen who
30
has a series of articles looking at this particular issue around the theme of what kind of people
31
should there be, very interesting.
32
SPEAKER: I want to make a point, on this very provision, the point I want to make is in India
33
has to make a decision to take disability and cure it, so you take disability and cure is one of the
34
elements
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MS KAYESS: Did you say prevention and cure or protection and cure?
2
SPEAKER: Sometimes protection sometimes prevention. But the point, which I want to make,
3
is are we not striking a balance between the rights of the mother or the family who have disabled
4
children and the rights of the people who maybe would be disabled children? Because if we
5
pose the issue like this then probably we are putting abortion and non-abortion, so is that the
6
right way?
7
MS KAYESS: Well the fundamental balance there is that this Convention is a Convention about
8
the rights of persons with disabilities. What you would then have to argue is what Sidor might
9
have to say about a woman's right to choose, it's about a conflict of rights. Jerome what have I
10
said that's wrong?
11
PROF BICKENBACH: No nothing.
12
MS KAYESS: Oh that look.
13
MS LORD: The point is a good one, because here we come up against a classic human rights
14
conflict between re productive rights and the right of a woman versus the rights of others
15
potentially.
16
MS KAYESS: So this is just some thinking that we've had, so look at the CRPD text in its
17
entirety for guidance, including Article 5 which is equality and non-discrimination, Article 3 the
18
general principles, but also Article 8 which is another crosscutting article about awareness and
19
the promotion of stereotypes that promote the idea that it's okay to abort foetuses just because
20
they indicate that they may have an impairment, and article 25 which talks about the same
21
standard of medical care.
22
23
To look at the objects and purpose of CRPD and look at the general comments of other treaty
24
bodies regarding the right to life and related provisions, so look at the CRPD concluding
25
observations and look at other international instruments that may have talked about foetal rights.
26
27
Ms Lord of the of the so the CRPD committee has issued in the concluding observations for
28
Spain an observation on this issue, a statute on sexual and re productive health de criminalizing
29
voluntary term names of pregnancy incorporates a problematic distinction according to which
30
pregnancy may be terminated beyond the regular 14 week thresh hold to 22 weeks provided
31
there is a risk of serious anomalies in the foetus. If the foetus has a disability and beyond week
32
22 in case of an extremely serious and incurable illness. So this was an observation of the CRPD
33
committee, it recommended in that instance that Spain abolish the distinction made in that
34
legislation in a period under law which in which a pregnancy can be terminated bail based solely
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on disability, that's pretty much all they said. It didn't analyse, didn't do the full analysis, didn't
2
get into whether or not this particular distinction was discriminatory under the provisions of the
3
CRPD, nor did it really get into any other analysis, it just raised the particular concern.
4
5
And then we have a whole another body of various documents and instruments etcetera this one
6
put up on the screen now is from the Beijing platform for action, which was adopted at the fourth
7
world conference on women and it's really one of a number of international documents that
8
reference the issue of prenatal sex selection so the platform says in many countries available
9
indicators show that the girl child is discriminated against from the earliest stages of life, through
10
her childhood and into adult hood. All forms of discrimination against the girl child and the root
11
causes of son preference, which result in harmful and unethical practices such as prenatal sex
12
selection and infant side etcetera, etcetera, so again not specifically stating prenatal sex selection
13
is discrimination, but it's getting a little close tore that than what the CRPD committee said so
14
very wide issue.
15
PROF BICKENBACH: Could I just ask the two experts do you think it's possible to address the
16
issue of discrimination, or access to healthcare or other issues, without settling the question of
17
the status of the foetus? Because there are indirect ways that we have done, with respect to
18
sending a message about the value of, etcetera, but is it possible to nail this down without
19
settling the issue of the personhood or the understanding if you wish of the foetus, because I
20
don't think that one is ever going to be...
21
MS LORD: I think article 10 doesn't get us anywhere on this issue at all.
22
PROF BICKENBACH: But health would be inapplicable.
23
MS KAYESS: Health would be inapplicable all it would give is an equal standard of care but
24
not for the foetus, unless the foetal right is recognised, where there are countries where foetal
25
rights are recognised.
26
27
You look at the list of Costa Rica, El Salvador, several South American countries, Ireland, they
28
all recognise foetal rights and interpret ...
29
PROF BICKENBACH: So this is where my lack of international law come news effect. You
30
cited the question of international human rights standard, which is not affected by national
31
standing, I'm using standing as a surrogate for is a person or not, that has human rights. So are
32
you suggesting that...
33
MS KAYESS: They've got reservations that clearly state that.
34
PROF BICKENBACH: Okay.
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MS KAYESS: Whereas my country Australia, the position is very clear, they work on the first
2
line, which is we are all born free and equal so no legal rights apply under those obligations. So
3
it depends on what country Country X is and whether they have a reservation.
4
MS LORD: There are tools out there to help you work through problems there is analytical tools
5
to aid, so various analytical tools to help you in the process of doing legislative scoping
6
exercises, to assess statutory compliance with the CRPD, these tools may include devices
7
developed by treaty bodies special rapporteurs, the office of the high commissioner of human
8
rights, specialised agency such as the World Health Organisation and others. Now we come to
9
Article 3.
10
11
We've talked about Article 3 how we can use it as an analytical tool and indeed it is a unique
12
provision in human rights law, it's not unique if we look at the whole body of international law,
13
in fact international environmental treaties very commonly include an article on general
14
principles, so this is, this particular provision was in fact drawn from these other types of
15
framework conventions because it really derives from Mexico pushes for certain provisions we
16
typically see in these other type of framework agreements, so hence Article 1 on purpose, hence
17
Article 3 general principles, the conference of States parties article is much more fleshed out
18
than typical for a human rights Convention, but very common to a framework Convention. So
19
that's a little bit of history on why there are some different features in this particular Convention.
20
21
So Article 3 principles provide guidance or sign posts to understand and implement and monitor
22
the Convention. They apply across all articles of the Convention and included a wide range of
23
principles and this article just kept growing and growing, I think if we continued in the drafting
24
process it would have continued to grow.
25
MS KAYESS: In fact we may have only just had Article 3! Janet and I have done the exercise
26
of how you filter an article through the prism of Article 3, so what we've chosen is article 27
27
which is the right to work, and so implementation of article 27 on employment must reflect the
28
freedom of choice in choosing one's job. The opportunity of employment must be provided
29
without discrimination and with reasonable accommodation and must be inclusive in the sense of
30
being in the open labour market. Employment legislation that embraces diversity in the
31
workplace, provides equality of opportunity and undertakes measures to ensure accessibility and
32
equality between men and women for workers are consistent with Article 3. And respect for the
33
evolving capacities of children with disabilities will entail among other things opportunities for
34
transition to employment consistent with other child rights.
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2
So that there are no barriers for children with disability undertaking employment at the same age
3
as other children, for example. So you can see the way that each of the principles creates a
4
mechanism by which to look at whether legislation is meeting the obligations.
5
6
A holistic interpretation of CRPD, if you're going to try to interpret something you should have
7
an understanding of the things as a whole and so understanding its structure is very helpful to
8
understand the interpretive matrix, so what does the preamble give you? The preamble gives
9
you the antecedence to the Convention, so there is some very important things to know about the
10
preamble of CRPD, it includes some very important policy and programme work of the
11
international community, but it also leaves some of those instruments out and those instruments
12
have been left out for very specific reasons, because the negotiating parties felt that we moved
13
on beyond some of those instruments, they felt that they were paternalistic and really didn't
14
promote the purpose and objectives of CRPD.
15
16
That it incorporates crosscutting facilitating articles that are not rights in themselves but are
17
measures by which States facilitate the implementation of substantive rights.
18
19
Apply concepts regarding interdependence, indivisibility and inter relationship and universality
20
of human rights, this is something that the, this concept was fleshed out in the Vienna
21
declaration and it's about recognising that all human rights are interrelated, that there is an inter
22
dependency, indivisibility and inter relationship and the whole universality of human rights as
23
Jerome pointed out, apply to all human beings.
24
25
You need to read across the treaty, it's pointless going to just one article and trying to understand
26
what the right to health is about, if you don't have a grasp of what the whole structure of the
27
Convention is about and so what are the other elements that inform the context that is found in
28
the prescriptive elements of article 25, the right to health. Ands will you need to be aware of the
29
crosscutting articles, so they are the articles 1 to 9 and Article 31 which is on data and statistics.
30
Oh God she found the button as well! Jesus!
31
PROF BICKENBACH: Mine comes in from the side and bounces ...
32
MS LORD: This will be the last scenario because we are definitely over time. Here's the
33
scenario using CRPD to evaluate legal frameworks and here are provisions from a particular
34
country X.
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MS KAYESS: Country X!
2
MS LORD: Constitution Article 8 states the vote is universal, equal, secret free and transparent,
3
it can be direct or indirect under the conditions provided in the law. Constitution article 22 states
4
no person can be the object of discrimination based on a whole variety of things which include
5
mental or physical handicap or being HIV positive or having any other incurable disease, that's a
6
constitutional provision. Then there is an electoral law that states that the following -- it says the
7
following persons are affected by temporary electoral incapacity and this includes people who
8
have been committed or hospitalised due to dementia, other derangement or due to any other
9
measure relating to insanity, so that's an electoral law. Another one, part of the electoral law
10
says that the candidate seeking to become a member of the community council must be
11
physically capable.
12
MS KAYESS: Of what?
13
MS LORD: Of what we do not know! So that is the scenario and I guess the question is how
14
would we use the CRPD to evaluate these various provisions as a whole this legal framework in
15
relation to political participation. So last exercise, thoughts, starting points? Anyone?
16
MS KAYESS: Go to solutions, it must be beer o'clock!
17
18
Okay there are a couple of ways that you can approach analysing those particular provisions
19
within the constitution. So Article 29 states parties shall guarantee to persons with disabilities
20
political rights and the opportunity to enjoy them on an equal basis with others.
21
22
Article 12 states reaffirm that he persons with disabilities have the right to recognition
23
everywhere as persons before the law. And estates parties shall recognise that persons are
24
disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
25
26
Good old Article 1, the purpose of the present Convention is to promote, protect and ensure the
27
full and equal enjoyment of all human rights and fundamental freedoms by all persons with
28
disabilities.
29
30
Article 5, equality and non-discrimination provision. Article 3, the general principles and Article
31
9 accessibility.
32
33
So all of those elements would give you a means of evaluating those particular provisions. You
34
would be able to identify the compatibility with the provision, the obligations under CRPD. So
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as you can see, it's not a straightforward process of just going to relevant articles, but to look
2
across the whole of the Convention to inform your understanding of the obligation.
3
MS LORD: I think we'll end the session there, thank you for your great participation, fantastic.
4
We'll share the PowerPoint so that it can be put up on the website.
5
MS CASEY: The PowerPoint is going up on the website? Fantastic. Thank you both so much
6
formidable expertise and experience and an extraordinary -- I have to say I found it absolutely
7
fascinating. But you guys are around for the whole week aren't you?
8
9
Okay guys hold on, we are nearly there as Rosemarie said beer or Guinness o'clock, but you just
10
have to hold on two seconds. Because you know this moot court? Which is the highlight of
11
your week, the moot problem is just about to be announced now, so just bear with me so stop the
12
shuffling just for two seconds I think Lucy is going to give us the details is that right Lucy?
13
DR SERIES: Okay the moot court will be the highlight of summer school, some of you
14
probably haven't done mooting before, mooting is kind of pretend court. You are all going to be
15
split three teams you'll find out what team you are on tomorrow morning and we'll have a mock
16
court case but not quite the court it's a CRPD committee case.
17
18
So there are three teams and one team is the complainant that's the person bringing the case to
19
the CRPD committee, another team is going to be the government of west Ross the State
20
defending the claim and the third team will be an independent NGO who have an am eye cuss
21
brief, that means friends of the court so your role is to provide advice to the CRPD committee if
22
they have questions for you.
23
24
So you need to read as soon as possible really your moot court pack, which is here, that will tell
25
you everything you need to know about the case. And then later on in the week on Friday you
26
will be split into the three teams and have a chance to rehearse your case. And each team needs
27
to appoint three advocates and you will have a trainer to help you prepare your case and you will
28
have some fantastic trainers, the campaign ant has Janet Lord helping them prepare, the
29
defendants that's the government, has Jerome and our document CDLP will have Eleanor Flynn,
30
she's at the back.
31
MS CASEY: Just back from honeymoon right!
32
DR SERIES: Mrs -- Dr Eleanor Flynn. So you're preparing the case and then on Saturday
33
morning we'll have the moot court and you need to win over the committee to your argument and
34
the committee will be Martin Naughton, eve hill and Rosemarie Kayess. You will have lots of
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thoughts and lessons on legal capacity and Article 19 independent living, so be thinking about
2
the problems while listening to the talks. I'll regret saying this but if you have any questions you
3
can ask me, my e-mail address is in the pack.
4
5
So good luck and I am just going to handover to Elaine because she has a bit of housekeeping to
6
do now.
7
MS KEANE: Just something very short on behalf of Gerard who is unfortunately not here and
8
everybody at the CDLP we'd like to give a huge thank you to Caroline Casey, the other chairs
9
have fear now, they are terrified after Caroline setting such a high standard for the week. So a
10
huge thank you again to Caroline, do you want to say a few words?
11
MS CASEY: I do, bribes are open for beer by Rosemarie and Janet for moot. I want to say a
12
huge thank you to you guys I have had a fabulous day, I learned so much. But I want to
13
seriously thank these guys over here, I mean hello! The amount of work, phenomenal. I also
14
want to thank Cormac who was running around with Lucy and the mic, Elaine, just let us
15
remember -- I personally have to thank her so much for supporting me and everybody else, you
16
are like a one woman wonder show, you are phenomenal, but a really big, big thank you to all of
17
you for being so patient with me and being so kind, but to our speakers today, the fabulous
18
Gerard, our wonderful Minister who loves Ginger Rogers, Joanne, Jerome, Rannveig, Steve,
19
Janet and Rosemarie, have I left anybody out? Thank you so much, have a great Guinness and a
20
great week, and good luck in the moot court. Bye.
21
22
Conclusion
23
Premier Captioning & Realtime Ltd.
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NUI Galway Summer School – 17 June 2013
A
ability 31:26 32:7 66:11
able 11:25,26 16:4 17:31
19:22 20:24 28:31
31:32 33:4 37:8
41:20 53:16 56:19,29
59:10 60:29 61:5
74:16 88:21 92:11
96:1 103:34
abolish 99:33
abort 99:19
abortion 78:1,6,9 96:30
97:7 98:2,9,19,27
99:5
abortions 96:30 97:4,5
about 1:12,15,28
5:1,2,13,20,26,33 6:9
8:2,10,28 9:19,30,31
10:1,2,10,20,28
11:3,13,17,28,29
12:7,9 13:22,27
14:6,9,10
15:3,12,25,29
16:7,8,17
17:7,8,9,13,14,30
18:24,25 21:6,27,33
22:21,29 23:24,34
24:5,32,34 25:22
26:34 27:3,6,34
28:6,8,12,25 31:19
32:1
absolutely 9:19 10:5,26
16:28 29:1 41:15,34
78:15 82:7
90:4,8,10,14 104:6
abstract 7:7 72:17,32
academia 23:19,21 26:19
36:19
academic 3:18 10:11
17:9 23:9 24:2 36:22
academics 10:12 11:17
24:4,25 26:16,23
acceding 92:19
accent 33:33
accept 71:23,32 72:3
73:7 98:18
acceptable 19:10
accepted 97:29
accepts 72:2
access 12:24 25:8,29
47:11,12 65:18
82:27,32 88:8 94:6
100:16
accessibility 34:9
45:28,29,31,32
46:3,10,11 51:4
63:10,12,14,15
65:19,24,25,29
101:31 103:31
accessible 3:34 5:22
63:12 86:14 91:11
accessing 12:23
accident 17:26 67:28
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accommodation 48:30
50:14 51:6 62:5,11
63:1,17,18,22,26
65:13,14,32 66:1,4
82:24 85:17 87:26,33
88:10,11,18,19 89:23
90:22 91:14,15
101:29
accommodations 50:9
accompanied 70:4
accompanying 37:1
accordance 80:6 83:4
accorded 97:29
according 99:29
accordion 1:5 3:12 4:21
15:9,15 16:16
account 96:18
accurate 61:17
achieve 14:25 33:4 34:17
46:15 47:19 48:13
56:29 57:6 58:6,32
62:7,12,14,21 80:27
achievement 32:10 52:24
achievements 22:2
60:27,28
achieving 70:24,29
acknowledge 2:25 22:23
acknowledgement 33:7
across 16:2 31:26 43:31
44:32 57:23 66:19,21
91:31 94:24 101:22
102:25 104:2
act 48:29 51:33 62:13
73:8 85:31
action 43:19 61:18,20
62:20 65:2 66:2
100:6
actionable 46:23
actions 69:12
active 7:5 16:8 18:12
activism 21:9 26:16,24
activist 17:17,18 18:20
23:22
activists 6:8 24:2 43:27
activities 3:16 20:31
activity 32:28
actual 44:12 80:7 89:6
94:23 96:4 97:22
actually 3:4 5:12 7:8
15:10 16:1 20:26
26:2 37:25 43:11
44:7,13 48:13,22
50:31 51:29 53:4
59:20 61:22,23 65:34
67:33 68:14,21 80:32
82:18 88:5 89:31
90:24 97:22,23
98:5,26
add 9:17 66:18
addition 63:2 84:19
87:13
additional 14:28 52:4
62:11
address 9:8 16:25 17:4
31:10 45:16 100:15
105:3
addresses 44:33 62:8
92:27
addressing 45:26 65:4
97:10
adjournment 66:29
adjust 72:9
adjustment 53:13
administration 7:9
admire 9:4
ado 86:1
adopt 48:10
adopted 4:30 55:22 60:1
100:6
adopting 81:2
adoption 86:11 87:14
90:21
adopts 81:5
adored 22:1,2
adult 100:10
advance 8:17
advancing 7:31
advantage 51:10
advantages 50:22
advice 15:6 76:8 104:21
advise 87:31 98:8
advisor 23:10 55:20
76:11 92:22 96:32,34
97:1,8,11 98:8
advisors 69:2
advocacy 39:6 40:23
65:5,9
advocate 23:9 29:2
advocated 23:21
advocates 39:2 45:15
55:6 104:27
advocating 61:8
affairs 6:23 21:17 25:20
69:1 71:17 76:7
77:19 84:9 94:6
95:19 96:32
affected 98:13 100:30
103:7
affects 46:4 61:25
afraid 5:19 30:14 85:12
after 17:4,33 19:16 22:33
24:25 29:19 30:18
37:2 39:22 42:28
45:10,32 46:32 55:22
66:31 74:13 76:11
85:30 95:24 105:9
afternoon 20:29 69:31
91:32
afterwards 11:10 29:16
55:2 75:28
again 8:17 9:10,21 10:32
12:23 16:9,22 28:29
35:2 47:27 49:27
50:17 56:2 65:5,9
69:21 83:11,17 85:21
94:1,30 98:7 100:12
105:10
against 18:4 22:3,14
25:26 30:18 32:23
39:16 48:1 69:27
82:16 92:24 98:10
99:13 100:9,10
age 14:6,9 16:30 17:26
29:32 32:24 68:33
102:2
aged 20:26
agencies 55:17,26 87:13
agency 101:8
ago 4:24 14:12 24:12
56:10,12 57:7 61:18
68:10 69:25 75:34
76:7,19 78:22
83:2,24,32
agree 34:32 36:28 60:25
69:26 74:1 77:1,15,25
92:1
agreed 8:6 9:12 57:28
89:9 97:26 98:3
agreeing 8:11
agreement 78:30 79:17
97:23
agreements 79:15 101:16
agrees 74:3 77:8,11
ahead 6:34 51:11,13
aid 6:7,23,24 101:5
aide 69:1
aim 33:25
air 11:14
alas 96:23
alcohol 73:30
alive 23:16
all 1:3,32 2:4,21
4:8,22,23,24 5:2
6:16,29 7:12,29
8:25,27,29 9:30
10:10,15,21 12:14,21
13:5,6,30 14:22,33
16:9 17:21,24
18:9,10,17
19:12,19,31
20:19,21,29,31
21:2,5,18,24,33
22:15,33 23:1,5,12
24:7,14,23,26,29,31
25:10,21,27 26:34
28:1,20 30:13,26,27
31:
allegation 70:1
alliances 25:33 26:21
allies 19:30 21:14,16
23:22
allocate 54:28 59:12
allocation 54:14,24
66:8,14
allow 13:23 29:26 30:9
31:22 33:25 71:30
72:24
allowable 94:31
allowance 33:17 40:14
41:14
allowed 29:5 30:2 32:12
72:16,17 74:6 95:1
allowing 33:28 50:23
98:9
allows 72:33 94:31 98:9
ally 85:8
almost 21:5 25:8
51:28,30 62:12 73:11
74:30 77:8,11 82:3,18
83:4 84:6 97:21
alone 4:7 9:26 16:12
96:24
along 6:15 9:24 32:19
33:17,33
alphabet 2:33
already 1:18 7:29 10:31
44:25 47:23 51:4,6
84:28 98:16
also 1:22 2:21,25
3:7,8,12,34 4:19 5:24
7:4,14,25 8:10 9:8
12:19 18:1,18 19:33
23:2,10,26,33 24:10
25:3,9,13,29 26:22
28:15 34:9,21
35:15,25 37:33 39:27
40:1,3,8,21,29
42:5,29 43:5,17,21
44:25 48:20 49:33
55:27 62:13 63:14
64:2 67:6,9,13
68:2,24 71:1,17 7
altogether 71:33
always 8:26 9:21,25
10:1,8,15 11:5,13
12:2,29 14:23,25
17:32 22:5 31:13
32:29 34:33
36:1,2,5,18 37:21
38:22,23,24 41:21,25
43:20 44:17 48:1
60:25 62:8 65:5
66:3,6,13 68:34 69:16
75:15 95:34
amalgam 58:20
amassing 65:3
amazed 83:24
amazing 15:34 16:12,27
42:4
ambiguity 77:30 79:7,33
ambiguous 79:15,27
80:11 86:34 96:14
ambition 37:33 61:25
ambitions 37:31 38:12
ambitious 37:34
38:16,17,24 61:26
among 2:30 8:3,5 37:33
101:33
amongst 38:12 68:22
77:11 81:2
amount 16:5 59:33 60:19
105:13
amounts 1:16
analyse 61:4 86:6 100:1
analysed 23:31
analysing 86:7 103:18
analysis 53:4 94:16
97:11 100:1,3
analytical 86:5
101:4,5,11
and
1:12,21,22,23,24,25,2
7,29,32
2:2,4,5,6,7,10,13,14,1
8,21,26,27,30,31,32
3:3,8,10,15,17,21,24,
33,34
4:2,5,6,7,8,9,12,13,14
,16,23,30,31,32,33
5:1,2,3,5,10,15,20,21,
26,28,32,33
6:34,3,6,7,8,9,10,14,1
5,16,20,25,30
7:3,5,11,16,17,20,24,
28 8:2,3,6,9,11,16,17
anecdote 76:7
animals 27:24
animation 47:28 48:26
55:1
annexes 87:5
anniversary 56:8,32
announced 104:11
annual 1:4
anomalies 99:31
another 14:4 19:6,21
20:18,25 26:15 27:20
Premier Captioning & Realtime Ltd.
www.pcr.ie
30:32 34:11 38:16
51:5,29 54:10 57:6
60:25 69:21 73:3,21
77:23 79:8,9,26 85:16
90:21 94:21 96:7
99:18 100:5 103:9
104:19
answer 1:29 14:7,20
22:23 34:29 38:3
39:11 41:33 62:25
64:25 66:34 76:15
77:21 78:28
84:14,21,30 86:10
89:19 94:31 97:32
answered 84:8
answers 14:8,9 60:33
86:12
ant 104:28
antecedence 102:9
anti 43:2 45:1 51:34
61:18,20 62:6,7,20
anxiety 33:12
any 3:21 4:4 12:31 19:30
20:5 21:20 25:8,9
28:5,16 31:32 32:28
33:13 40:14 41:17
46:34 48:21 50:13
52:3 64:11 65:7,23
82:17 87:3,5 88:28
89:33 91:33 92:30
93:33 96:20 100:3
103:5,8 105:2
anybody 9:2,5 16:11
33:21 34:6 36:23
37:27 38:29 61:1
63:8 75:25 82:8
92:31 105:19
anything 1:18 9:17
13:9,14 22:29 35:3
37:1,3 61:6 65:2
66:18 74:26 75:12
85:33 96:20
anyway 11:25 43:12
67:3,30
anywhere 43:1 100:21
apart 14:28
apologise 1:4 73:11
74:23
apparent 31:5
apparently 93:29
appear 32:18
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application 1:33 44:34
92:4 96:18
applications 43:12 92:6
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apply 53:12 92:20 96:4
101:2,22 102:19,23
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appointing 94:1
appreciate 30:33 60:33
approach 13:18 14:3
31:5 47:34 63:18,19
65:13,16 80:19,25,31
103:18
approached 5:25
approaches 77:27 81:3,6
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70:25,29 80:13 86:11
approximately 77:20
approximation 63:18
apt 29:30
arbitrary 95:10 97:13
archives 59:26
are 1:17,32 2:1,4,5,6,30
3:8,16,28,30,32,33
4:8,27 5:2,4,7,9,10
6:13,14,23 7:11
8:16,21,27,29,30,31,3
4 9:20,33 10:16,27,34
11:4,16,30 12:8,11,19
13:9,16,22,28,30
106
14:3,6,9,29 15:17
16:28
17:3,5,9,21,23,24
18:17 19:8,19,25
20:8,25,26,27
21:26,33 22:8,14,17
area 10:25 11:13 14:34
44:13 55:17 89:27
areas 68:12
aren't 104:7
arguably 72:23 76:34
argue 36:3 80:25,28
95:18 99:8
argued 45:10
argues 80:6,16
arguing 36:2
argument 12:18 13:14
36:1 39:16 45:31
65:18 95:9 104:33
argumentation 80:20
arguments 6:11,13,15
22:21 43:27 46:14,16
61:7
arise 80:12 82:16
armed 69:26
arms 68:20
arose 83:33
around 3:30 6:6,24 7:29
12:3 13:10 15:17,28
16:18 17:25 18:28
20:21 22:10
27:19,20,22 30:19
32:1 34:5 38:10
40:10 42:18,20 44:20
46:7 47:31 49:34
53:24 57:19,21 59:33
60:20 61:2 64:3 87:9
88:11,19 89:10,17
90:15,31 91:9
94:12,14 97:27,34
98:2,30 104:7 105
arranged 74:13
arrangement 46:10
arrived 57:23 58:1,8
arriving 94:10
art 28:16 35:17 88:26
articles 1:25 43:14 44:6
55:11 60:13 63:14
72:17 73:25 74:31
80:33 86:26 90:1,7
91:30,31 95:27 96:30
97:4 98:30 101:22
102:16,29 104:1
articulating 98:3
artificial 50:22 52:34
artificially 52:1
arts 20:31 35:19
aside 44:25 45:6 54:34
60:28
ask 11:28 15:16 27:18
33:21 34:5 41:13
43:30 45:30 55:28,31
60:15 66:18 71:30
75:3,6 77:23 92:25
100:15 105:3
asked 1:4,22,28 9:17
10:24 14:20 17:6,7,9
18:23 24:19 26:33
31:11 36:13 55:5
60:34 67:12,17,26,32
68:2 70:10 71:20
76:7,28 78:3,24 81:24
83:33 84:4
asking 39:8 67:15 95:31
asks 10:17
aspect 26:7 54:10
aspects 15:32 103:24
assembly 55:22 57:1
assess 86:6 101:6
assessed 12:21
assessing 86:7 91:19
95:21
assist 30:32
assistance 92:21
93:28,30 94:34 95:1
assistants 33:17
assisted 10:27 11:8
associated 59:16
NUI Galway Summer School – 17 June 2013
assuming 94:27
assure 70:6
astray 81:11
asylum 18:27,31
ate 19:11
athletic 49:33
attach 91:26
attack 38:25 69:27
attempt 21:2
attempted 81:27
attempting 89:26
attend 79:24
attended 32:23
attendees 2:21
attention 23:26 40:25
42:2 61:17 82:24
89:27
attitude 30:34
attitudes 36:31 37:13
44:26
attract 26:3
audience 11:31 12:26
67:15
authentic 79:21
author 16:26
authorised 73:30
authorities 28:10
authority 20:5 22:23
authors 7:11
autonomy 15:30,31 16:7
45:17,20 46:13
available 11:4 29:31
70:23,29 87:17 100:8
awake 8:30
award 29:10 33:6
awards 27:9
aware 1:32 21:26
28:4,15,30 102:28
awareness 99:18
away 10:31 35:4 39:6
51:5 54:25 59:19
60:5 66:8,14
awful 16:17 85:28
Adding 82:18 92:12
Afghanistan 2:33
Africa 62:1 64:18 78:34
83:33 84:3
African 58:23 63:6,9
64:3,7,8
Alabama 95:9
Albino 64:28
Albinos 62:29
Alison 7:12 16:11
Alliance 26:29 58:2 60:2
64:5
Although 4:27 49:13
50:11 73:8 86:13
98:4
Amartya 49:22 52:9
Ambassador 59:8
Amelia 29:4 30:7
America's 58:24
America 24:17 57:24
58:30 64:18,19 69:13
American 6:28 53:28
62:5,14,16 68:20
69:8,10,13,16,18 90:6
100:27
Americans 48:29 51:33
69:9,31 79:12
Andorra 2:33
Andrew's 16:5
Andrew 7:11 15:16,18
16:3 66:23
Ands 56:6 102:28
Anglo 53:28
Anyone 4:1 12:3 27:27
35:4 61:33 88:7
98:12,15 103:15
April 29:3
Arab 73:28
Arabia 73:28,33
Argentina 2:33
Arizona 95:8
Armies 65:3
Article 43:25 44:3,8
45:5,6 46:29
48:10,21,28 49:1,7,26
51:29,30 57:33,34
62:2,27,29,32,34
63:14 65:2,7,26
69:1,2,7,26
72:21,23,24 77:31
82:14,19 86:26
87:27,29,30
88:8,9,11,16,18,22,24
,26 89:13,15,34 90:31
91:9,10,14,24,25,26,2
7,28,30,31,32,33
92:5,17,25
ARP 53:19
Ashoka 35:17
Asia 64:19
Astaire 15:12
Atacus 33:22
Atkinson 39:23
Atlantic 2:27 6:21
Attorney 7:23,24 95:20
Augusta 17:23
Australia 57:24 72:12
101:1
B
back 3:3,5,33 6:32 9:9
11:21 15:28 19:8
24:17,18 25:34
29:1,5,26 35:31 41:2
42:6 44:7 45:26
46:29 47:30 50:24
53:3 54:3 56:6,7
57:16 59:25 62:29
63:7 66:18,25,27,31
67:30 74:6,33 75:9,26
76:19 80:21 83:26
84:19 85:22,27 86:27
89:14 90:12,14 91:32
93:22 94
backers 6:20
background 19:7
83:21,23,31
backs 41:14
backwards 15:12 16:17
bad 19:5 34:13 41:22
75:15
bag 73:20,21,22,25,29
74:2,8 92:6
baggage 60:19
bags 25:21 73:32
74:6,14,15,16,17
bail 99:34
balance 44:34 45:1 58:7
99:3,7
balancing 66:13,14
ball 8:20
ballot 94:13,14,33
bandwagon 53:28
bang 20:21
banned 21:1
bar 47:18,23
bark 76:33
barrier 32:3 44:28
barriers 27:6 28:4 29:7
44:26,33 46:31 52:1
62:8,9,13 102:2
based 55:13 73:15 94:23
99:34 103:4
bash 9:33
basic 51:16 68:12 72:1
basically 86:3,4,12 94:9
95:16
basics 90:24
basis 4:16 30:9 43:31
46:29,33 47:31
54:15,25,30 64:30
65:34 66:13 93:4
97:18 98:9,25,27
103:20,24
bathroom 8:26
bathrooms 3:33,34
bear 43:17 104:11
beasts 78:16
beating 78:33 79:1,2
beautiful 35:17
became 17:30 18:20 21:9
31:5 67:8 68:9 76:11
because 1:7,22 2:10
8:2,25,26,28 9:4,32
10:6,25,26 11:8,32
12:12 13:22,30,31
15:21 17:9 21:17,20
22:2,11,16,28 24:23
25:25 27:18,34 28:9
31:19 34:32 35:33
36:16 37:8,17,20,32
38:25 39:27,29 40:1,8
41:4 42:5,15,17 43:14
44:6 45:7,30
46:4,6,14,19,26,34
47:1
become 14:27 17:17 22:5
31:25 33:26 34:27
38:4,17 48:17 69:34
103:10
becomes 68:29 96:32
becoming 35:11
bed 11:26 30:8
beefing 92:17
been 3:16 4:24 8:15
10:28 11:12 12:3
13:11 14:34 16:7
17:1,17,18,33 21:29
22:1 24:10,24,26
30:1,4,24 32:1,28
33:16 37:7,15 41:10
44:17,34 48:17 54:3
55:14 56:5 59:26
64:32 69:23 77:23
82:11 92:17 94:3
98:26 102:12 103:8
beer 103:16 104:9
105:11
before 2:15,32 6:20 9:17
10:21 18:32 20:1
24:10 32:13 42:7
43:1 48:30
49:4,7,12,13 60:34
66:27 67:34 82:16
92:10 94:10 95:10
103:23 104:14
began 9:9 15:3
begin 2:17 34:6 48:15
63:20,22,24,26
beginning 4:27 10:33
26:23 56:11 59:31
begins 4:6 97:23
begun 4:6
behalf 83:24 105:7
behave 78:16
behind 9:2 11:29 15:22
16:27 19:8 42:2
50:11 51:10,12
being 1:12 8:28,34 9:18
11:25,26 12:9 16:3
17:18,31 21:20 22:34
23:9 24:17 25:19
26:26 28:30,31 32:22
38:33 39:12 44:7,20
46:15 47:33 49:18
53:14,21 65:14,25
67:10,22,29 75:10
76:33 77:33 78:10,33
84:19 86:27 94:12
97:16 101:30 103:5
105:17
beings 61:16,31 97:28
102:23
belief 68:13,25
beliefs 51:34 54:7,8
believe 9:5 11:6 14:14
31:31 63:10 71:31
98:25
believed 9:21,25
believes 86:29
belonging 27:22
benefit 26:23 28:10
49:8,15 69:26 93:12
benefits 73:20
besides 18:1
best 7:21 31:27 32:25
35:34 47:17 56:29
67:18 69:29 72:6
77:25 78:2 85:10
89:6 97:22
betrays 68:33
better 1:5 2:6 4:7,8 7:4
14:1,2 20:1,10,19
21:12 22:27 28:1
32:12 34:19 35:14
39:28,29 48:20
56:18,28 64:32,34
66:31 67:22 76:7
92:26
between 5:34 8:9 13:3
20:3,29 22:25 24:24
25:33 44:27 45:1,6
48:5 49:31 58:7
59:13 63:18 65:13
70:27 79:12,26 80:12
81:21,32 83:7 99:3,14
101:32
beyond 32:6 33:3 42:17
78:28 86:11 96:6,30
97:4,7 99:30,31
102:13
big 7:30 8:27 13:8 16:19
18:19 19:3,5 39:8
58:1 59:18,24,25,30
60:21 105:16
bigger 4:8 5:4 20:13
biggest 14:14 31:31
57:18,20 82:33
bilateral 86:22
bill 25:20
billion 1:24 76:18
binding 71:6 87:4 96:21
binds 57:29
bingo 52:19
birth 18:7
bit 3:10 23:2 39:28 42:11
48:9,25 62:4,24 66:31
68:6 76:33 81:12
89:15 90:24 91:32
93:7 95:20,24,28
96:1,3 98:4 101:19
105:5
black 5:16 45:10
blah 35:3 45:11 48:14
blame 36:29 84:15
bless 54:25
blind 14:26,27 58:3 64:5
blood 74:11
bloody 45:12 46:7,20
blue 98:22
board 1:23 2:10,15
3:24,26 5:16 20:23,24
21:1,3,11,19,25
22:1,3,12
boards 4:2
bodied 31:32 53:16
bodies 27:15 87:11,12
89:24,25 90:11,19
94:7 96:12,13,19,21
99:24 101:7
body 44:24 87:10
96:21,23 100:5
101:12
bomb 2:6 4:20
book 7:5 9:8
14:12,20,21,32
15:17,20,22 16:1,12
33:21 43:5,6 46:18
53:10 55:6 65:12
66:23,24 77:25
books 14:13 16:27
25:21,22 50:18 72:6
born 23:10 29:3,22,25,31
30:5,26 97:28,30
98:16 101:2
bosom 71:13 78:13,28
79:7,12
bossy 1:28
both 3:17 8:11 11:22
26:23 30:2 31:28
36:26 37:10 45:15
46:11,14 62:20 70:33
86:22 87:17 90:15
104:5
bothered 77:13
bottom 31:33 32:33
64:32
bounces 102:31
bouncing 47:31
Premier Captioning & Realtime Ltd.
www.pcr.ie
bound 71:27 74:30,31
75:10
bowels 58:10
box 5:17
boxes 13:15
boy 50:34 52:23
boys 38:20
break 38:11 42:9 55:29
59:33 60:34 83:25
85:25
breakfast 20:30 30:8
breaks 96:2
breath 43:21
breathe 62:34
bred 38:16,28
bribes 105:11
bride 67:21
brief 2:18 3:21 4:22 9:9
10:23 43:1 55:33
104:21
briefly 43:33 44:7,14
brilliant 16:22
bring 5:1,2 6:10 12:11
17:8,14 18:25 21:27
23:24,34 24:33 27:34
28:8,12 40:32 42:20
84:26 88:21 96:7
bringing 6:23 104:18
brings 10:17 57:5
broad 9:8 70:13
broader 4:31 35:20 98:6
broadly 59:34 80:28
brochure 13:3
broken 70:1
brothers 31:16 32:7
brought 4:1 6:15
buddies 25:13,14
budget 29:8 54:24
budgets 54:24 66:4
build 26:21 57:31 61:10
91:18
building 92:15
buildings 19:3 30:20
44:27
built 18:33 36:9 43:22,25
65:34
bullshit 53:28
bumped 84:3
bunch 54:29
bundles 79:33
burden 63:21,25 65:33
66:1,7,10
bureau 59:8
bureaucratic 18:5
burning 22:22
bursting 55:2 66:16
business 1:25 2:13 7:30
29:16
busy 6:31 16:28 17:3
but 1:5,22,34 2:4,7 3:5
4:19 5:3,9,11 6:32
7:12,34 8:10,14,27,29
9:2,8,19,25,30
10:26,32,34
11:18,25,28,31
12:15,16,33
13:10,11,30
14:8,15,25,28
15:11,12,14,15,25,31
16:16,18,27 17:12,32
18:20 19:5,7,12,30
20:2,5,7,17,23,26
21:1,5,21,34
22:11,17,26,32 23:
butt 67:26
button 47:28 102:30
buy 34:23 53:10 65:9
Babylon 33:22
Bahrain 73:28,32
Beijing 100:6
Bernard 15:9,14
Biog 4:10 9:17 29:3
55:13
Biogs 1:15,17
BICKENBACH 42:33
43:7 44:11 61:13,34
62:4 63:32 64:26
93:15 95:8 99:11
107
100:15,22,29,34
102:31
Bladerunner 50:3
Blatt 19:25 23:8
Bounce 49:27
Brisco 7:34
Britain 74:13,15,16
76:23
British 83:22,27
Burton 19:25 23:8
Bye 105:20
C
call 23:28 25:8 31:33
45:23 46:34 48:4
54:34 57:12 69:22
83:25
called 1:23 18:19
27:13,14,26 39:29,32
43:34 44:30 47:7
49:21,24 50:2 52:8,18
54:14,24 58:2,19
59:22 71:26
calling 49:22,32 89:27
93:31
calls 83:26 93:3
camaraderie 5:2
came 3:33 9:17 10:9
12:32 13:2,10 14:33
18:8,32 19:10 20:1,17
23:26 24:25 25:4,21
27:10 32:13 35:4
37:25 41:32 56:21
57:1,15 58:16,19,29
59:21 60:9,13,18
74:11 93:25
campaign 104:28
can't 1:30 7:12 28:21
31:16 34:5,6 35:4
36:17 37:4 41:17
51:23,26 64:27 65:23
67:10,18 69:18 71:32
74:9 76:12 80:34
83:32,33 84:4,16 85:9
88:20 92:34 93:23
95:9
can 1:7,11,13,28,33
2:17,34 5:3,16,17
6:17,26 10:21
11:6,13,31 14:18
15:1,15 16:11,19,28
18:34 19:3 20:24
21:11,26,27 22:18
23:5,19 25:8,14 26:29
27:18 28:32
29:14,22,27 30:34
31:21,27,31,32
32:4,6,8,10,18,21,25
33:4,8,25,31
34:1,5,17
35:7,11,12,34 36:8,1
candidate 103:10
cannot 13:23 17:19
19:28 31:25 33:29
43:18 51:20 71:23
74:34 75:11 80:12
cap 41:22
capabilities 52:32
capability 42:33 43:34
49:22,24 51:17
52:8,12,13,15,22,27,2
8 53:1,6 61:14,27,29
63:18,19 65:15,16
capable 39:26 63:21,25
92:5 103:11
capacities 101:33
capacitive 62:33
capacity 5:26,31 7:15
10:27 11:8 40:2
48:22 61:25,26 62:32
65:13 82:14 85:18
92:15 93:32 103:24
105:1
capital 72:24
capitalist 18:4 49:32
caption 67:23
captured 28:24 62:30
NUI Galway Summer School – 17 June 2013
care 10:31 19:15 45:30
47:11 50:33,34 72:3
99:21 100:23
career 9:9
careful 44:7
carefully 5:25
cares 35:4 45:30
47:19,20 48:6
caring 13:29
carried 24:24 36:22 69:7
74:14
carry 58:16 69:6
cartoon 67:17,26
case 10:1 16:1,19,21
23:20 30:31 36:2,3
37:1 40:25 43:18
48:22 72:25 74:5
75:17 80:13 83:3,5,18
87:6 90:11 99:32
104:16,18,25,26,27,3
2
cases 40:23 72:9 83:21
96:14,31 98:19
cast 57:16
category 66:11,12
caters 63:18
cause 22:21 34:24 41:21
45:1 61:11
caused 16:6 50:22
causes 100:11
ceilings 11:21,22
celebrated 69:7
central 15:22 16:2 30:1
43:12 45:21
centre 3:15 4:7,12
16:5,29 22:34 23:8
24:4 40:2 41:9 50:1
centred 14:3
centres 40:18
certain 13:9,28 14:28
39:12 60:18 66:10
70:34 71:32 72:32
83:13 101:15
certainly 9:3 30:31
31:17,22 48:10,25
53:3 56:22 61:1,2,17
64:7,18 65:2 83:13
86:14 90:9
certificates 7:25
chair 1:7,8,21 2:15
7:15,17 83:26
chaired 7:19,28
chairs 5:9 6:30 105:8
challenge 14:22
31:11,12,31 33:3
34:10 54:32 57:18,20
58:14,31 59:18,25
63:12
challenged 57:30
challenges 31:30 59:16
challenging 30:7 38:33
65:32
chance 30:14 31:13
32:1,28 60:15
68:13,21 104:26
change 4:25 5:1,2 6:6,7
7:19 17:8,14 18:25
19:15,16,28 20:10
21:10,12,27
22:14,16,18,21,26
23:9,20,21,22,24
24:3,11,18 25:7
27:6,34 28:3,4,8,12
29:17 30:8 31:4
33:8,25,26,27,32
35:18,20,29 36:22
40:29,30 62:24
63:20,24 68:8,13,26
72:11 82:21 94:19
changed 79:4 85:14
changes 6:33 28:17
changing 22:15 24:20
34:27 37:13
character 92:3
characterisation 45:2
characterise 62:20
characterised 18:4 46:30
charity 34:23
charter 48:31 87:17
chase 80:23 81:11
chat 55:3
cherish 32:16
child 17:25 27:14 69:23
88:32,33 90:3
100:9,10 101:34
childhood 16:32 17:33
100:10
children's 19:19
children 17:30 19:21
20:11,15,16,20,25,26,
29 25:18
27:11,12,21,24,30
32:16 40:18,30 45:6
50:33 71:14 90:3,33
91:2 98:10,12 99:4
101:33 102:2,3
chin 31:33
choice 4:31,32 5:32
15:22,24,28 29:30
30:10,13,29 31:5
35:32 40:15,17 41:34
52:24 61:6 94:3,4,21
101:28
choices 15:31 45:22
choose 5:34 52:19,24
61:23 73:5 95:26
99:9
choosing 101:28
chose 80:26 94:1
chosen 79:16 101:26
chronological 14:6,9
circles 18:13
circumstances 12:33
56:29,30 71:26
73:4,31 85:14
cited 100:30
citizen 31:25
citizens 34:16 52:29
citizenship 7:5,6 16:8
city 56:10,14 57:23
58:1,8
civil 18:7 55:10 56:4 70:7
77:32 84:16 97:20
98:4,6
claim 104:20
claiming 92:24
clarify 87:25
clarity 87:30 88:11,19,22
89:1 90:15
class 16:30 46:34
classic 99:13
classmates 79:1
classrooms 51:1
clause 62:29 67:23
clear 55:5 58:34 59:5
61:29 70:12 73:18
93:5 101:1
clearly 21:12 35:31 93:2
96:6 100:33
clever 24:29,30 47:32
80:29
climate 68:8,13,26
close 18:1 38:31 59:17
85:8,22 100:13
closed 11:29 23:26
closely 23:22 24:4 27:3
39:23
closer 60:32
closing 39:16
clothes 30:8
club 61:34
clue 75:7 76:32 77:3
clues 88:30
clustering 45:20
coalition 9:11
coaxing 96:1
code 92:21 93:29 96:5
codes 3:34 94:24
coffee 10:21 34:3 38:10
42:6,9,11 67:1 83:25
85:20,21,25,30
cogency 6:15
coin 52:9
cold 69:21,22,23 74:11
collaborate 26:32
collaborated 24:31
collaborating 26:4
collaboration 16:4
26:18,23,31 28:30
collaborations 36:23
collapse 10:33 69:21
collated 87:7
colleague 40:21
colleagues 40:6 75:2
collect 82:9
collection 19:25 20:23
collective 69:26
college 2:13 37:22,28
84:14
colleges 37:18
colloquially 71:21
combination 28:24
combine 15:20
come 4:4 9:24 10:17,21
15:16 17:3 24:9,10,23
26:33 33:25 34:7
35:31 37:28 39:2
41:2,19,29 42:29 43:6
45:17 46:23 54:23
60:26 61:2,7,31
66:18,27 74:10 75:26
80:21 92:6 96:20
98:1 99:13 100:29
101:8
comedy 67:28
comes 4:28 8:6 10:15
14:6,29 28:31 34:23
35:18 38:5 43:12
65:8 68:33 102:31
comfort 10:8
coming 9:25 14:13 15:28
27:10 28:29 35:19
36:25 42:27 90:18
91:32
comment 34:6 36:24
37:27 41:2,3 55:2
56:12 60:34 62:28,30
75:28 82:9,17,25,26
89:21,22,27,29,31,32,
33 90:21,22,24,25,27
94:5,14,16,20
commentaries 97:14,19
comments 7:5 16:23
41:1,32 42:5,17,29
66:33,34 82:10 87:10
89:21,26,34
90:1,2,18,20,26 92:4
99:23
commissioner 101:7
commit 2:4
commitment 62:33,34
65:2,7 69:9
committed 103:8
committee 5:29 25:5,19
56:8,33 57:3,15
58:26,29
59:3,5,18,22,25
64:2,10 82:16 83:24
87:11 90:20,28 94:7,8
96:28 97:19,20 98:24
99:27,33 100:13
104:16,19,21,33,34
committees 24:32,34
25:3
common 11:22 19:20,22
27:25 28:30 54:7
101:18
commonality 28:31
commonly 101:13
communication
88:13,14,15,16
communism 50:34
community 2:1 5:33 6:1
8:6 13:16 14:34
15:25,26,29 16:20
23:27,28 24:25,30,32
25:34,4,5 28:12,13
30:5 35:20
39:18,29,32,33 40:16
58:33 60:4,29 91:1
102:11 103:10
companies 28:11
company 2:5,7 9:32
comparatively 75:22,23
comparator 46:34
47:4,15,22
comparing 46:33
compatibility 103:34
compatible 94:32 95:4
96:10 97:9
compendium 43:29
competition 5:12 7:23
complacent 31:25
complainant 104:18
complainants 64:28
completed 11:8
completely 38:34 39:34
40:13 47:10 49:13
53:10 68:22
complex 6:3 44:30
complexities 43:22
compliance 86:7 101:6
compliant 94:33
complicated 38:3 65:14
68:7 72:27
component 61:5
composition 59:24
comrades 26:30
conceal 79:16
conceivable 47:17
concentrates 92:25
concept 7:6 89:10 94:3
102:20
conception 44:19 45:23
concepts 54:11 102:19
conceptualisation 44:29
conceptually 44:17
concern 100:3
concerned 87:24,25
88:15,25 96:33
concerning 96:29
conclude 28:3 69:34 82:1
93:19
concluded 68:21
concluding 81:8 87:10
99:24,27
concretely 52:15
condition 29:3
conditions 23:25 26:9
40:13 103:3
conduct 79:11,13
conducted 7:23
conference 13:27 16:16
61:17 66:23,25 100:7
101:17
conferences 26:32
confidence 36:8
69:10,13,16
confident 35:31
36:7,16,17
confidential 9:22
confirm 86:33
conflict 26:15 58:31
94:2,24
95:25,28,30,33
99:9,14
conflicts 18:3 26:19 86:1
conform 72:10
confused 95:24,28
confusing 71:30,31
confusion 87:15
congratulations
16:11,12,13
congregated 10:32
connected 5:4,5 13:28
23:22
connection 17:33
connections 5:33,34
10:26
conscious 32:18
consensus 58:32 96:15
98:1
consequences 12:8
conservative 25:18 91:34
consider 23:16 68:18
considerate 79:8
consideration 13:19 66:6
considered 35:17 54:15
69:27 95:14
considering 82:1 88:26
consistency 86:31
Premier Captioning & Realtime Ltd.
www.pcr.ie
consistent 87:24
101:32,34
constitutes 79:13
constitution 74:26 75:9
94:25 95:21
103:2,3,19
constitutional 71:24
103:6
consultant 55:13
consulted 82:31
consulting 82:29
consumer 29:17
consumers 16:20
contacts 25:9,10,14
contain 73:25 77:30
contained 60:10 73:30
74:16
contains 74:2 92:17
content 5:15
context 10:2 16:7
17:21,22 18:1,14,20
26:18 37:8 61:14
62:5,6 76:27 82:22
86:31,33 90:23
102:27
continually 15:28
continue 5:11,31 9:5
92:20
continued 101:23,24
continues 3:20 69:13
continuing 13:33
continuous 14:21 82:23
85:16,18
continuum 65:26
contract 71:7,11
contracting 70:16
73:3,4,31
contrary 95:2,16 96:33
contribute 6:24 14:13,21
contribution 12:29
13:31,34 16:13
control 11:33 68:20
94:21,22
conundrum 48:26
conventions 90:1 101:15
conversation 87:9
convey 60:17 89:16
conviction 26:22
convince 30:19
cooper 39:23
coordinate 4:14
cop 18:19 61:16
copied 48:31
copy 65:12 88:7
core 6:3 43:11 78:29
82:14 87:3 89:24
93:17
corner 31:21 36:13
corporate 4:13 67:6
correct 63:9 66:20 91:25
cost 66:3
costs 21:22 66:3
costumes 27:24
couldn't 9:4 12:32 36:11
39:17 56:12 84:15
85:13
council 4:19 30:20
103:10
count 26:18 53:23 69:12
84:16
counter 66:2
counterbalancing 66:6
counterweight 66:2
countries 2:31 5:27 17:2
19:4,5 40:6 48:15
52:29 53:19 56:22
58:12 60:20 61:12
64:7,13,17,18,23 74:5
76:8,9,19,20 77:18
80:12 82:12
83:5,8,11,18,31 90:9
92:30,31 96:20,25
97:26,29,31
100:8,24,27
country's 90:32 95:12
couple 21:29 47:30 59:3
68:33 75:6 83:34
84:3 87:20 103:18
108
courage 12:24 35:34
courageous 14:29
course 2:31 5:11 7:28
19:12 22:5 26:6
44:20 53:10 63:31
64:7 70:21,28,30 71:2
79:4 83:6
court 3:8 5:12 6:3,9
7:15,23 48:5 90:5,6
95:8,13,15,17,19,21
104:10,13,14,16,21,2
4,33 105:20
courts 62:16
covenant 70:7,22,24
72:20 77:32 78:1
89:22,30 97:20 98:4,6
cover 2:34 21:22
covered 67:23
covering 2:18
crafted 55:10
crafts 20:17,31
craic 3:10
crap 79:1
crazy 78:14
create 16:31 25:33 37:31
64:33
created 17:21 47:33 52:1
56:4
creates 102:3
creating 49:3 94:20
creation 59:22
credential 53:14
credentials 22:22
credibility 68:2,29,30,31
69:8,11
credit 4:9 83:27 97:33
crèches 50:33
cribs 39:2
criminal 78:32
criminalizing 99:28
critical 26:8,9 41:34
86:26
critically 16:7 23:31
cross 91:30
crosscutting 99:18
102:16,29
crucial 21:27
crutches 50:1,17
crying 33:25
crystallize 66:10
cuff 98:5
cultural 17:21 27:7,14
28:15 35:28 40:8
53:18,23 70:22 71:1
72:10 89:30 90:20,28
culturally 53:19
culture 4:32 35:19
53:23,24,26,27,29
78:4,21,29 79:3
cultures 53:34 54:1
78:18,28
cup 34:3 42:3,6
85:20,21,30
cups 10:20
cure 98:33 99:1
currency 52:9
current 9:5 16:32 35:32
92:20
currently 29:11 32:16
cusp 56:11
cuss 104:20
customer 29:17
cut 7:17 29:8 31:4 33:16
41:14 45:13 47:31
48:33 55:5
Canada's 55:21
Canada 53:19 55:13,21
56:22 64:12 72:12
82:13,15,19 84:23
Canadian 48:31 64:9
98:29
Canadians 48:32
Caroline's 7:30
Caroline 5:10 7:28 8:24
105:8,9,10
Catholic 97:26,31
Caucus 58:19,20 59:13
NUI Galway Summer School – 17 June 2013
CASEY 1:3 3:26 4:6
7:28 8:25 15:16
16:11 28:21 34:1
35:12,18,31 36:6,19
37:18,27,30
38:1,10,12,18,29
41:1,7,24,32 42:11,24
54:34 60:32 61:33
63:7,23,28 66:16,31
82:7,25 85:20,27
104:5,31 105:8,11
CDLP 104:29 105:8
Ceili 3:8
Chairman 83:26
Champs 50:5
Charmer 55:27 60:33
China 2:31 67:8 76:3
78:2,22 80:23
Chinese 78:4,5 79:12
Christians 81:21
Ciara 41:10
Ciaran 2:13 9:9
Colombo 75:3
Columbo 75:3
Commission 4:14
Conclusion 22:14 55:20
68:24 105:22
Convention's 81:16
Convention 1:25 2:23
3:4 4:16,28 5:1,20,24
6:1,7 10:8,10 16:33
18:17 26:34 27:1
43:31
44:10,21,32,33,34
45:11,23 46:3
47:12,19,27,30
48:9,13 49:9,10 51:30
53:5 54:28,29,30
55:10,21
56:4,7,14,15,23
57:12,19,21 58:13
59:19,20,26
60:10,13,18,24 63:11
64:2,3,
Cork 7:3,4 9:18,30,32
10:1,18,20 29:12
33:33 34:1 36:6
38:23
Cormac 105:14
Costa 76:5 100:27
Could 2:6 9:30 10:5,23
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Premier Captioning & Realtime Ltd.
www.pcr.ie
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24:11 27:25 41:14
67:12 71:20 72:11
76:6,22 82:30
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69:22 70:13
75:16,20,23 77:9,15
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F
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42:27 105:12,17
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62:6,16
faces 62:13
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102:17
facilitated 61:15 89:15
facilitating 91:30 102:16
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fact 5:20 10:6,17
12:18,33 13:34
14:8,21 43:17 45:5
50:13 51:33 53:12
56:20 63:33 68:6,18
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fairy 27:20
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81:13,16,22 82:3
86:28
fall 11:14 17:28
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falling 13:30
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family's 54:2
family 9:33 17:22,23,31
18:1,29 19:6
24:20,23,26
25:10,11,17 29:5,25
30:1,5,22,33 32:23
35:33 40:14,17 52:23
54:1 71:8,13 78:13
79:7,8,13 84:13 99:3
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fan 61:34
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favouring 81:6
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15:10,11 16:17 67:26
75:2 91:28,33 92:25
fear 33:12 105:9
fearless 7:20
fears 8:11
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feasibly 52:15
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feature 47:34
features 43:24 47:34
101:19
federal 72:11
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feedback 34:6
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20:13 30:28 37:12,33
56:17 75:15
feeling 5:4 11:30 66:31
feet 25:20
fell 17:27
fella 41:22
fellow 49:33
felt 31:3 102:12,13
female 7:24
feminist 18:13 22:28,33
44:12
few 1:11,33 2:14 3:32 9:2
26:2 27:31 33:16
55:31 56:5,30 57:16
69:34 77:6,25 78:2
81:24 84:26 85:5,27
105:10
fewer 81:25
field 10:9 17:1 18:16,21
23:32 28:3
fields 35:20
fifth 4:9
fight 9:5 18:9 26:16
31:31 33:5,11 38:31
film 28:16
filter 101:26
financial 6:20 7:34
find 10:11 28:32 37:32
57:20,26,30
58:6,11,12,13,18,32,3
4 59:12,16,20,33
60:21,22,25,26 63:18
64:16 68:22 73:9
75:26 76:6 77:6
82:33 85:15 86:11
88:10,20 89:5 91:26
97:1,14 98:17 104:15
finding 64:10 85:21
finds 72:2 96:33
fine 9:12 86:1
finish 27:5 65:14
finished 19:16 34:9 51:8
NUI Galway Summer School – 17 June 2013
finishes 50:34
finite 54:17 66:4
fire 42:18
fired 74:8
firm 11:3 84:5,6
firms 84:8,9
first 2:9 5:19,25 7:24
9:9,24 10:23,24 11:3
13:2 15:3 16:4
17:5,12,21,23 18:28
19:5,10 24:18,29
25:34 27:19 34:12
36:2 37:29 38:1 41:4
43:17 44:3,33 46:29
47:30 48:30 50:34
51:20 53:20 54:28
56:8,21,32 57:15
59:2,18,28 60:10,13
61:3,17 67:8 68:12
71:4 75:
firstly 29:21
fit 45:23 83:5
fits 66:1
five 27:5 42:19 60:2
76:16 84:9 89:21
flat 11:21
fleshed 101:17 102:20
flick 31:33
fliers 4:1
flight 5:3
floating 27:19,20,21
floor 34:4 41:1 59:10,21
66:33
flowers 27:25
focus 4:30 6:7 28:17
39:32 43:10,14,24
45:15,31
focused 23:26
focuses 61:17
focusing 21:3 55:15
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100:24,28
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97:6,8,24
98:17,18,21,22 99:31
100:17,19,24
foetuses 99:19
folks 60:5 64:12
follow 29:14
following 18:8 49:22
67:22 103:6,7
food 82:8
foolish 84:10
footballers 38:23
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2:34,1,17
3:7,8,15,21,30
4:12,16,19,22,33 5:16
6:1 8:11,14,15
9:4,5,10,12,16,24,25,
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12:7,19,27 13:10,29
14:6,30,34
15:16,17,19,31,34
16:3,6,9
17:6,15,19,31,33
18:10,27,34 19:10,15
20:1,2,15,20,31
21:2,12 22:15,16
23:1,9,1
force 68:8
forces 22:14 28:11
foreign 6:23 75:33
76:7,13,15 77:18,19
83:12,18,22,27,33
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95:19 96:32
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69:16 76:4,15 84:23
forgive 8:15 91:24
forgot 53:9 65:33
forgotten 30:24 78:16
form 6:11 29:27 36:31
51:26 53:27 87:17
formal 49:21,23 50:21
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82:27,32
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formed 9:11 58:19
former 5:28 18:34 67:5,6
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formidable 104:6
forms 61:31 72:32
100:10
formulate 72:14
formulating 72:8
formulation 93:1
forth 90:25 92:5
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58:11,18,32 59:16,20
60:21,26 62:9 65:12
94:30 95:16 96:1
98:6
fought 22:3
found 27:6 35:22 47:27
67:17 68:7 69:17
82:7 85:28 90:34
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foundation 38:6
foundational 43:14
founded 23:8
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four 1:18 43:24,30 46:27
72:1 74:2,25,33 83:17
fourth 100:6
fragile 84:16
framework 89:28
101:15,16,18 103:14
frameworks 102:33
framing 8:26 90:23
franchise 95:10,13
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103:2
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6:8,21,23,24,30,31
7:3,8,28,29 8:3,20
10:12,15,16,25,31
11:17,26 12:26 13:15
14:23,28 15:10,11,21
16:9 17:2,26,28 18:18
19:16,25,28 20:8
21:1,7 22:1,16,32
23:17,19,33
24:23,29,31,32 25:4
26:6,9,22 27:7,19
28:31 29:10,30
30:3,17,28 32:24
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86:13 89:32 95:13
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fun 2:2,6 5:2,3,12,13
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99:18,23 101:13,17
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14:12,23 17:5 18:31
20:2 22:16 23:26
24:6 25:29 27:34
30:8 31:13 32:18
34:17,32 36:2
37:16,18 38:4,24 39:3
40:25 42:32 43:11
45:26 47:8,13,17,26
49:13 51:12 52:22,27
53:29 54:5,12,25 55:2
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75:9 76:19,31 84:19
87:29 93:27 100:13
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12:14,23 14:7 15:23
17:3,4 20:30 21:21
29:1 32:27 34:24
38:3,23,24 43:1,29
44:19,24 49:18 55:13
56:17,19 57:7 60:15
61:10,33 63:23 66:33
68:33 72:1 73:9,20
75:17 80:17 85:30
88:30 89:4,9,19 90:14
91:10 92:3 94:31
97:32 100:23 102
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22:3,17,32 23:32
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32:8 34:32 35:2
37:15 39:14,20 41:7,8
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48:15 50:16
68:1,12,15,25 75:21
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81:3,13,16,22 82:2
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93:7,30 94:29 98:21,2
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85:31 87:20 89:10
98:1,3 100:33
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government 9:11,12 11:9
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Premier Captioning & Realtime Ltd.
www.pcr.ie
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80:23 83:27 84:29
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41:9 55:34 67:5
Gambos 5:28
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15:34 42:4
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10:6,15 11:12 12:12
13:25 14:21
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17:6 18:23 24:15
56:12 67:12,15,32,34
68:2 70:10 71:4,20
76:26 78:18 89:29
105:7,18
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21:34,11,15,16,20,24,
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38:25 41:29 49:2
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66:17 69:9,31 76:15
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84:13,28 89:29 92:10
93:22
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54:32 58:6 63:30
65:16 73:11 77:20
80:31 84:30 85:4
86:2
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4:24 5:25 6:14,31
7:30 10:8,28 11:12,27
12:2 13:9,11,18
14:17,34 17:1,18
18:24 19:25 21:27
24:10,24,26 25:22
26:6 27:9
29:4,5,7,9,32 30:31
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35:13,17,24 37:15
38:4 42:5,28 43:3
44:16,17,32,34
45:5,16,22,29,31
46:6,23 47:6
hat 48:33
hate 11:22
NUI Galway Summer School – 17 June 2013
hated 71:11
have
1:7,11,12,15,16,18,23
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3:8,13,29,34
4:4,24,30 5:3,9
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17:3,4,12,13,15,19
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64:15 76:20 104:14
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17:30 28:30 35:31
36:20 49:33 62:15
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96:27 103:5
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75:27
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30:16,24 31:2
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35:7 36:8 52:17 53:5
85:9 101:4,5 104:27
helper 95:26
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86:14 90:9,11 102:7
helping 104:28
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101:16
henceforth 93:10
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9:4,8,9,11,17,19,20,3
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22:2,7 24:12 25:20
27:9,10,28
29:5,7,11,14,17 33:3
39:22,23 51:18 84:13
100:10 105:15
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5:28
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7:12 9:7,20
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22:14 24:3,15
25:14,32 27:27 28:6
29:2,15,18,22 30:24
32:13 33:21 34:4
35:33 36:11
41:3,11,30 42:15,20
43:6 46:19 47:18
50:8
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Premier Captioning & Realtime Ltd.
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100:23,33 101:1,25
103:1,12,16 104:34
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90:19 98:4,5
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last 12:19 28:3 33:16
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13:31 17:33 18:13
Premier Captioning & Realtime Ltd.
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21:29 43:12 47:7
71:11 84:3 87:7
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lawyer's 67:24
lawyer 23:10 43:1,17,27
44:6 65:18 67:29
74:23 76:18 82:7,32
86:14
lawyers 7:29 45:15 46:33
48:4 67:15,27 75:33
76:2,3,13,14 77:19,20
83:12,16,23,27,33
84:28 87:2
layer 51:6
layers 16:31
layman's 71:28
lays 86:27
lead 7:11 39:27 41:21,26
46:7,8 60:19 80:22
leader 24:11
leaders 17:1 23:11
24:29,30 29:16
leadership 16:5 24:30
leading 6:8 10:7 29:9
31:10 41:22
leads 86:34
leaflets 4:1
learn 2:5 8:2 10:10 19:28
23:17,33 35:23,24
37:2,11 54:28 58:33
71:11 84:8
learned 16:5 17:13 19:28
21:7,10,14,33
22:20,27,32 23:2,24
24:2,29 26:21,22
40:1,3 84:15 105:12
learning 2:1 10:15 16:9
35:21
least 7:29 38:8 49:18,20
60:28 61:4,12 63:12
64:16 89:4,5,7 90:24
leave 4:2 8:14 11:32
40:16 54:16 60:14
74:13 77:30 85:27
98:21
leaves 102:11
lecture 44:5 69:30 82:11
lectures 37:9,26
led 3:15 4:15 55:23 81:11
87:7
left 11:27 17:27 20:18
21:5 31:33 39:1,2
45:28 50:14 55:25
93:22 102:12 105:19
legal 4:32 5:1,25,26,31
7:15 47:32 48:22
60:27 62:4,19
64:28,30 67:3 71:24
73:11,14,15 75:33
76:8,11 81:2 82:14
83:18,24 84:20 92:22
93:32 101:2 102:33
103:14,24 105:1
legalisation 47:7,26
legalise 5:20
legally 44:17 53:6 95:17
113
legislation 11:8 12:11
62:6 63:20,24 83:7
86:7 87:23 90:9
92:21 95:30
96:4,7,8,9,29 97:9
98:27 99:34 101:30
102:4
legislative 101:5
legislators 33:12
legitimacy 82:28
legitimised 27:30
legs 31:15 51:18
leisure 6:17
lending 87:15
length 43:20
lens 89:31
lesbian 24:19 28:9,12
lesbians 24:33 25:19,25
less 13:31
lesson 24:2 58:33
lessons 17:13 20:8 21:6
22:16,20 23:19 24:29
26:21 40:1,2 105:1
let's 9:34 10:15,16 11:14
44:7 75:22 83:5
84:31
let 4:7 6:20 16:12 33:7,27
37:12 39:26 41:16
44:19 47:27,30 49:18
105:14
letters 92:23
level 7:7 31:26 54:11
levels 35:15,17
liability 67:29
lib 74:9
liberal 78:14
liberation 18:18
lick 73:32
lies 49:10
life 10:26 11:21 12:5
13:16,31 15:32 16:27
17:12,17 18:1 20:1
25:17 29:11
30:1,10,12,16,17,27,3
2
31:8,16,17,19,22,30,3
1 32:1,2,13,30
33:5,14,26,28,32
34:34 38:23 39:23
40:30 41:5 46:6
49:32 62:34 65:11,23
68:6 72:32 77:31,33
78:5,10 84:7
97:12,13,15,17,21
lifetime's 52:8
lifetime 79:4
lift 11:29
lifted 33:28
lifting 44:13
light 37:29,30 45:32
80:29 89:26 90:2
lights 10:7
like 2:1,13,21 5:24
6:18,26 8:27,33 9:18
10:27 11:12 12:24
14:3,13,14 15:34
18:12
19:3,12,14,29,31,34
20:31 21:1,15,20
23:5,20 24:14 25:13
27:13,20 29:21 30:3
31:33 32:3,7,25
33:3,19
34:4,5,6,12,21
35:3,4,21,24 36:2,17
38:11,14
41:2,3,4,10,18,31
43:14 45:
liked 11:22 19:14 22:33
likelihood 68:30
likes 93:15
limbs 29:4,11,14,22,23
31:19 32:10
limitation 32:3
limitations 33:1,3
limited 31:19 39:27
67:22 71:33
limits 29:11,14,23
NUI Galway Summer School – 17 June 2013
line 5:9 50:6,7,11,13
51:8,10,12 64:32 96:7
97:27 101:2
lines 1:18 69:9
link 90:14
links 93:27
lip 31:33
list 45:8 75:4 100:27
listen 1:17 9:25,27 11:31
22:20,22 32:33 34:3
79:24 83:28
listened 20:6 39:22
listening 15:8 33:33 63:5
105:2
literally 2:9,10 29:16,26
49:32 50:25 66:19,20
literature 28:16 51:28
litigator 43:2
little 4:10 7:19 13:15
16:26 20:12 21:18
25:32 41:26 45:7
48:32 56:17
64:32,33,34 66:21
67:26 68:6 69:25
80:4 84:13,15 91:32
96:1,3 100:13 101:19
live 3:3 5:32,34 7:8,9
13:15,16 15:24,32
30:1,10,33 31:16
32:16,17 33:5,12,28
39:12 40:16 64:9
65:3 98:24
lived 19:14 20:2,3 39:21
lives 7:8 11:33 13:15
16:32 26:26 30:12
32:29 39:27 69:6
79:33
living 6:1 7:8 8:6 24:5,6
29:26 30:7,16,17,32
31:17,19 34:8 38:5
40:19 41:9 61:26
78:2 79:3 105:1
lobby 59:33
local 6:29 30:19 92:22
93:29 95:1
lock 7:30 59:34
lodge 73:5
lodged 76:23
logical 7:20
long 11:16 13:28 15:1
17:33 24:12 26:21
30:23 34:22 42:16
48:28 50:17 58:7,31
71:32 80:23 84:17
90:23
longer 28:22 50:2 85:14
89:33 97:7
look 9:33 11:13,14 16:19
19:34 21:19 23:14
24:5 27:9,14 34:25,33
36:17 37:5 38:14,15
41:31 44:2 45:6,32
48:9 50:17 57:23
60:3,10 64:15 73:21
74:22 76:8 77:20
80:13,28 81:9 86:11
87:21,34 88:26,27
89:13,21,30,33
90:5,6,29 91:9,18,31
92:4,33 93:1,12 95:5
96
looked 32:14 56:21 64:22
70:27 83:10
looking 6:6 11:21 13:22
14:3 15:23 16:8,9,20
24:32 47:27,30 51:19
56:7 59:17 84:24,29
87:2 88:2 92:27
93:27 95:21 98:30
looks 51:18 65:12
lose 11:30
lost 20:7 46:18 69:6
lot 5:21,24 11:21 15:10
16:17 20:19
21:30,33,34 22:32
23:24,32 24:4,29
25:13 28:5 29:15
34:22 36:29,33
39:34,13,14,29 40:5
41:16 43:20 44:6
56:33 57:16 61:6
62:27,33 64:9 71:8
78:23 80:27 85:28
97:29
lots 5:3 6:22 12:28 31:19
36:20 51:12 56:28
61:1 65:16 104:34
loud 93:23
love 16:16,17 34:3 50:16
54:5 61:9 92:7
loved 22:1 24:17 27:31
lovely 24:9 45:17 50:33
61:24
loves 105:18
low 47:23 54:13
lower 65:7
luck 3:26 105:5,20
lucky 1:22 12:3 23:16
30:4 32:29 37:8
41:4,6,7,10
lunch 42:7 55:29 60:32
63:32 66:31
lying 40:21
Latin 64:19 69:13
Lee 45:10
Leper 18:34
Libya 73:28,33
Libyan 74:10
Limbless 32:27
London 6:8 74:10
Lord 7:11 16:3 77:26
86:3 87:13,31 88:2,5
89:24 90:2,8,18,27
91:28,34 92:27,31
93:22,26,33
94:3,23,29 95:21
96:4,20,27 97:16,33
98:11,15,24 99:13,27
100:21 101:4 102:32
103:2,13 104:3,28
Lucerne 43:5
Lucy 6:3,4 104:12
105:14
Luis 57:2
Luncheon 66:29
LYNCH 2:17 6:31
9:7,15,21
M
machine 18:19
macro 54:24
made 5:7 8:14 12:2,29
13:18 17:32 21:29
22:4 25:27 27:27
42:13,14 46:15 56:12
59:11,29 71:8 72:19
73:3,28
74:25,27,30,32
75:4,28 77:23 78:33
82:13 84:31 86:32
87:3 91:21 92:30,31
97:27 98:4 99:33
magically 80:12
magisterial 77:25
magnificent 43:13
mail 8:16 105:3
main 3:2 5:29 6:16 11:18
21:30 41:15 63:31
80:1
mainly 43:22 89:2
mainstream 32:23 65:19
90:34
maintain 68:31
major 9:12 24:32
make 1:8 2:11 5:11 7:16
10:3 11:6,33 12:5,7
14:22 20:1,10 21:33
22:22 28:16 29:8,27
30:8,27 31:5 32:2
33:8,26,32 34:11
37:34 38:16 40:17
41:2,3,16 42:6,29
43:13,18 44:21
45:8,22 52:3 53:18,22
54:13 55:2,5 58:34
59:7 62:12,21 65:23
67:27,32 68:34 70:33
71:
makes 22:9 25:7 29:27
39:26 53:23 61:15,21
62:14,17 63:20,24
70:2 72:3 80:27
making 5:21 10:27 11:8
29:11 43:27 45:31
54:22,23 65:11 66:2
68:5,9,10 69:32
71:6,12,15,17 75:27
83:26
male 53:15
man 17:31 19:7 24:9
53:28 84:8
manage 60:25
management 19:30
mandate 6:1
manpower 76:20
many 4:27 6:9 7:29 8:14
12:15 14:17 15:11
19:5 21:21 22:11
23:27 28:4 29:7
30:14 31:7,30 33:21
35:17 36:29,34 37:21
39:21 43:24 53:19
55:14 57:11 58:10
64:10,17 68:10 69:12
72:8 75:18
76:13,14,19 78:28
83:2,3,5,12,18,21,29,
32 84:28 96:22 100:8
map 13:3 82:5
marginalisation 89:28
marginalised 28:5 47:3
market 101:30
marriage 13:30
massive 29:32 36:11
master 8:17
mat 73:32
material 78:15 87:14
maternity 13:29
matrix 87:2,3,5,12,18
90:14 92:17 102:8
mats 74:13
matter 3:3 14:26 20:2
22:15 43:19 50:32
61:13 62:20 65:5
67:28 68:15 81:27
matters 3:21 69:34
maximum 70:23,29
may 3:13 25:25 37:28
39:23 46:3 50:2
71:23,26 72:19
73:3,8,25 76:20
80:22,31 81:17 83:2
86:32 90:2,30 95:34
96:2,15,18,33 97:32
98:26 99:20,25,30
101:6,25
maybe 2:33 11:22
14:25,27 20:10 24:14
25:18 32:34 35:8
62:3,23,24 72:27 79:9
80:2,19 84:14 85:2
89:33 90:15 97:24
98:13,16 99:4
mean 31:19 44:7 49:12
50:6,13 56:33 63:25
67:27,34 77:24
78:1,16 79:30 82:31
87:32 89:19 91:11
95:14 98:13,22
105:13
meaning 33:5 67:32,33
76:26 78:29 80:3,6
86:31,33,34 87:16,26
89:5,8 91:6,8
means 4:32 9:19 27:13
29:4 43:32 45:21,29
47:26 48:4 51:18
52:12,27 53:22 54:6
61:4,9,31 70:18,25,30
72:17 73:7,20,22 74:5
78:17 89:5 90:32
103:33 104:21
meant 64:11 80:8
measure 32:32 103:9
measures 48:11,14,16
63:2 97:17 101:31
102:17
meatiest 49:9
mechanism 102:4
media 25:29 28:16
34:9,10,11,16,18,24
35:15,19 37:11
40:22,24
medical 22:29 26:7 28:10
29:4,25,31 35:28
99:21
meet 29:17 37:21
meeting 25:19,20 30:28
56:8,32 57:16
58:16,29
59:2,4,21,22,25 60:14
63:33 64:3 76:12
79:24 102:4
meetings 20:24
59:3,9,11,18
64:1,2,10
member 4:13 5:29 58:25
61:34 63:34 103:10
members 16:20 25:1,3,5
40:14,17,25 55:23
58:20,23,25 60:8 64:6
77:8,11
men 8:21,29,31,33 13:29
19:19 23:5,12 24:33
25:19,25 45:6
53:19,21,33 84:6
101:32
mental 2:18 9:16 10:23
12:20 43:3 44:23
54:1 103:5
mention 64:5 68:12
mentioned 34:9 46:13,27
66:8 68:13 95:7
mentioning 91:24
mentions 90:12
mentors 23:4
mere 61:15
merely 72:9
message 60:24 61:10,11
100:18
messages 61:13
met 7:29 8:15 23:21
24:3,12 37:21 59:8
mic 34:5 42:20 92:10
94:15 105:14
mid 26:31
middle 13:8 20:26 69:13
93:22 94:15
midnight 97:34
might 33:23 45:10,23
47:19 48:31 54:34
57:29 71:30 72:31
73:5 76:13 82:9
83:21,31 84:31
86:5,6,14 87:29,34
88:21,30,33 89:19
90:11 91:9 97:11,12
99:8
mile 33:21,22
miles 33:22
military 18:4,18 54:24
72:25
million 40:9,10 69:6,9,19
76:18 82:7
millions 36:8
mimicking 27:24
mincing 62:4
mind 8:30 31:28 36:14
43:28 44:32 45:7
46:10 49:14 54:5
57:16 61:31
68:5,18,33 73:30
85:13
minded 18:27
minding 8:17
mindset 40:29
minorities 78:4
minus 75:22
minute 12:16 32:10
66:33 69:30 73:12
75:12 76:19 78:34
Premier Captioning & Realtime Ltd.
www.pcr.ie
minutes 12:16 27:5
55:29,30,31 56:30
66:32 80:2 85:22,23
minutiae 77:20
mirror 36:17
misapplication 48:2
mischievous 81:15,28
miss 6:17 9:31 14:8
missed 9:18
missing 81:9
mission 87:7 97:34
mistake 12:5 98:5
mistakes 11:34 12:3,4
71:8 84:21
mix 48:23 54:15
mixed 92:6
mobility 33:17 41:14
mock 104:15
model 38:14,18 41:20
models 38:19
modern 20:11 72:6,7
modernising 15:25
modification 53:13
modifies 73:16
modify 73:14 96:9
modules 5:11
moment 60:28 73:9,18
money 11:4,5
21:2,21,24,25 34:24
41:25 46:20 68:26
monies 11:4
monitor 89:24 101:21
monitoring 55:11,26
70:4 89:25
monitors 97:20
month 29:16 96:31 97:5
98:18,22
months 97:5,7 98:21
monument 22:2,7
moot 3:7 5:12 6:3,9 7:23
104:10,11,13,24,33
105:11,20
mooting 104:14
morally 52:12
more 5:21 8:9 9:34 12:3
13:14 14:1 16:6
20:20,26 21:18
22:7,20,23,26 24:14
27:26 28:4 30:26
31:16 32:32 33:32
34:16 35:13,24 36:33
38:8,11 40:9,10,29
41:1,13,16,17 42:7
44:2 45:8 46:26
48:25 49:24 50:6
52:3 53:12 59:34
61:10 62:1 63:23
64:17,33 68:29 69:6
morning 1:3 3:32 6:9
7:28 8:7 9:24 12:16
15:10 20:29 29:21
30:8 33:31 42:4
67:34 76:27 78:18
94:3 104:15,33
most 1:19,32,34 2:2 5:27
7:14 8:15 9:8 17:17
22:11 24:2 27:11
30:9 31:32 32:3,33
40:13,17 43:32
47:6,11 61:3,12 63:33
68:7,15,18 69:22
70:4,11,33 72:9,27
73:21 74:7 76:2
77:18 89:5
mostly 18:21 20:11 22:28
25:34 61:8
mother 9:26 31:16 99:3
mothers 98:13,15
motivate 8:3 40:21 41:5
motivated 41:5,8
motto 29:23 38:23
mouth 9:27
mouthful 73:17
move 5:32,33 11:26
30:17 39:17 47:22,23
57:31 58:12
59:16,20,34 60:22
62:9 65:2 77:31
114
moved 10:32 39:22 58:26
59:18 102:12
movement 14:23,25
18:7,8,9 23:12 24:19
25:33,34
26:2,22,30,32
34:23,25 35:22 37:30
38:2 40:19 45:17
50:2 74:31,32
75:10,26
movements 18:8,9
23:13,22
moves 65:23
moving 10:31 42:32
60:21
much 1:12 2:5 3:25
9:24,27 10:12 11:3
15:19 16:3,18,23,30
17:18,31,33
18:2,12,25 19:14,29
20:15,17,27 21:2
22:33 25:1 26:19
28:12,21,33 31:21
33:33 37:27 39:16,28
41:1 42:2,30 43:7
44:2 46:20 47:23
48:25 49:24
54:1,32,33 55:2,6,33
56:18,21 58:17,33
60:31,
multi 28:31 86:22
multiple 16:31
multiplicity 79:20
mum 9:19
museum 27:12,18
music 3:10
must 34:7 63:10 65:18
67:26 68:5 74:15
83:29 86:28 89:6
98:18 101:27,28,29
103:10,16
mutual 8:10
myself 11:21 12:12 17:7
23:16 33:4 39:1
41:10 43:27 64:10
67:17 77:23,25 81:29
84:12
myth 93:15
Madrid 61:17
Maire 7:24
Malaysia 74:30 75:10
77:1
March 9:11
Margaret 7:34
Marie 6:24,25
Mark 16:13 27:9
Marry 52:23 89:10
Martin 104:34
Mary 27:9
Matthews 38:30
McMenamin 7:15
McNair 77:26
McNamara 41:9
Mexico 75:22 76:28
101:15
Michael 15:3,5
Michelangelo 11:22
Middleton 38:15
Mine 18:31 56:22 64:26
102:31
Minister 2:17 3:20,28
4:22 6:31 9:7,15,21
10:25 15:16,19
16:3,18 21:17,19,26
23:6 25:17 41:30
42:5 47:18 105:18
Ministries 24:31 75:33
77:18 83:12,33 84:16
Ministry 21:17 76:13,15
83:18,22 84:8,16 85:3
87:24,32 88:14,25
90:33 91:2,6 92:23
96:29,32
Mitt 51:10
Mozambicans 82:32
Mozambique 82:29
Mrs 104:32
Murs 36:12
NUI Galway Summer School – 17 June 2013
Muslims 81:21
Mwanda 63:34
N
nail 100:18
naive 81:17
name 2:15 29:21 36:25
39:23 41:9 42:16,18
62:27 76:14 82:26
namely 5:32 47:34 66:2
names 99:29
narrowed 98:7
narrowing 63:13
natal 97:7
nation 32:16
national 4:14 27:12,18
55:27 60:8 100:30
nationalities 2:30 4:23
nations 69:11
natural 51:4
nature 43:19 50:5,16,18
53:13
nearly 13:33 34:29 104:9
necessarily 36:21 54:16
72:5 79:29 83:22
84:17 86:13 92:26
necessary 48:14 80:25,28
97:17
neck 1:28
need 4:1 5:10 10:29
12:5,14,19
13:16,17,19,25
14:3,27,28 15:5 18:24
19:33 22:21 26:27
30:16 31:25 32:13
33:18,32 34:17
35:2,15,17,24,25,29
36:21 38:4,6,9,14
39:3 40:26 41:20
44:11 45:12,15 49:15
52:8,17,21,30 53:14
54:16 61:11
62:4,7,11,20 65:20,27
67:4 6
needed 10:10,31,32 11:1
22:26 58:34
needs 12:21 13:19,22
14:10 22:15 29:32
32:23 33:17 34:25
52:4 65:29 92:11
96:6 104:26
negation 62:15
negative 26:7 28:15
34:12,13 35:3 37:32
49:21 53:6 94:9
neglected 30:24
negotiate 54:16 66:12
negotiating 80:18,26,28
87:10 102:12
negotiation 54:13
57:6,17 63:34 64:8
66:11
negotiations 55:20 64:16
91:11
negotiators 80:7
neighbour 1:30
neighbourhood 27:19
neighbours 71:15
nervous 16:26 17:27
network 17:2
never 8:22 9:31
11:27,30,32 17:32
19:5 29:5,26
30:4,31,32 32:6,28
36:14 38:23,24
47:16,19 49:14
66:8,14 74:1,2,7
76:15 82:32 95:14
98:1
newer 90:18
news 81:3 100:29
newspaper 32:21
newspapers 34:22 70:2
next 1:30,33 3:28 7:7
11:9 20:10 42:19
49:12 55:9 64:9
66:32 76:2 79:15
85:33
nice 20:11,12
nicer 20:19
night 8:29 81:29
nine 98:22
nobody 39:22
noise 41:16
non 26:8,9 45:25 48:28
54:19 57:11 62:2,3
63:12 67:27 71:1
72:31 73:14,16
90:7,21,23 92:29
94:26 97:24 98:11
99:5,17 103:30
none 57:23
nonetheless 71:23 72:24
73:8,32
nonsense 49:27 72:23,33
95:15
nor 32:12 66:8 100:3
norm 79:13
normal 32:11
normalisation 18:16,32
20:1 21:15 23:13
37:29,30 38:1,2,4
normally 65:8
norms 63:12
north 58:30 98:26
northern 53:20 64:18
nose 30:16 46:7
not 1:17,18 2:6 3:5,9,21
5:15,17,24 6:13
8:22,29 9:26,28,30
10:11,25 11:17,25,26
12:4,14 13:4,15
14:3,15,33 16:11,19
17:10,14,22,30
18:20,24,25
19:11,21,25
20:6,7,16,27 21:20
22:21,26,33 23:20
24:5,12,17,18 25:5,25
26:1,2,3,18,24
27:22,26 28:11,17
29:27 3
notable 63:33
note 15:9 27:6 56:7 59:4
62:1
nothing 5:13 9:21 10:13
21:18,20 22:10 25:22
50:19 52:2 53:6,12,33
55:9 65:9 72:5,8
97:10 99:11
noticed 75:4,12,17,21,32
notion 43:22,24,32,34
44:2 47:26
notions 43:15,21 62:5
now 3:24,28 4:4,6,9,27
5:27 8:7 9:34 10:28
12:21,22 13:11,22
15:3 16:25 17:14
18:13,16,27 20:26
24:6 26:31 27:3 29:1
33:4 36:11 38:5
40:5,8 42:14,27 43:10
44:5 45:30 47:15
50:5,31 52:16 53:32
54:5,34 55:5,29
57:19,23 60:33 61:6
62:14 64:34 65:23
68:6 69:1
nuance 79:26
nuclear 69:24
nuke 61:29
number 2:25 3:16 6:30
17:19 22:16,25 25:21
74:26,28,31 76:3,8
89:21,22 90:2 100:7
numbers 56:33 64:15
numerous 92:23
Naughton 104:34
NATO 69:23,25
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New 4:16 9:11 18:33
20:17,19 21:21 26:1
29:9 31:10 37:9 38:5
56:10,14 57:6,23
58:1,8 67:4 76:12
82:30 83:7 97:34
98:34,27
NGO 55:15 104:20
NGOs 55:26 64:8 87:6
Nigeria 81:21
Nintendo 32:7
Nixon 68:34 69:2
Nobel 49:22
Nordic 17:1,2 19:4
Norway 36:25,29 37:7,22
Norwegian 37:20 95:30
Notice 17:7 70:27
75:6,13,19,25,32
NUI 67:5
NUIG 1:1
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o'clock 103:16 104:9
object 43:11 46:24
72:28,34 74:34 76:34
77:7 80:3,25,33 82:12
84:25,33 85:15,16,17
86:32 91:22
93:10,11,13 94:27,32
95:4 103:4
objected 74:28,31,33
75:25 77:17 84:24,26
92:31,32
objecting 73:7,9,15,16
74:27,33 75:6,19
83:13 85:7,8
objection 73:5 82:15
84:32
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80:16,32 86:4
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99:23
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96:9 104:2
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68:3 70:10,11 72:9
73:14 86:24 87:4
91:16 95:5 96:2
101:2 102:4 103:34
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99:25,27
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47:6,11 84:34
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46:10 62:13 87:7
93:26 95:12
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odd 76:33
off 2:15 3:24 4:7 6:31
12:16 14:1 30:3 35:4
56:22 92:34 98:3,5
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101:7
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32:29,32 39:28 43:19
49:8 61:23 67:27
68:9 70:1 71:11
77:30 80:20 86:11
94:24
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27:29 28:34 53:29
57:24 74:8 91:24
103:26
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14:6 20:13,16 33:26
84:14
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15:14 41:27 47:27
65:5,9 66:10 83:4
84:8
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101:28
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6:8,28 7:14,29,30
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10:7 12:2,15
14:4,7,14 16:17,19
17:1 19:4 20:5,6 22:1
23:11,16,27 25:7
26:32 27:5,6,28 28:29
29:26 30:22,31
33:13,31 35:13 36:12
38:18,22,23 41:25,32
42:29 43:21
44:6,23,29,30
47:6,11,16,23 48:25
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39:28 41:20 46:2,4,27
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57:4,29 59:10 61:6,30
68:20,24 69:12 70:20
71:2,11,33 73:25
76:5,21 79:17 82:19
83:4,17 85:7 88:10
91:21 96:3,21 101:25
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73:22 88:7 101:30
105:11
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103:20
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Premier Captioning & Realtime Ltd.
www.pcr.ie
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18:8 19:5,29 20:18
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30:28 33:17,19 34:21
35:34 36:6 40:6,15
41:19,20,30,33 47:4
48:1,2 49:21 50:8
51:25 54:3,7,12,24
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86:23 92:5 93:4
97:18 99:14 101:8
103:20,24
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12:22 32:27
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6:3,16,20,25,34
7:7,8,11,14,23
8:9,30,31 9:7 15:3
16:21 17:4,22
18:16,17 21:24,25
28:17 29:17 30:13,19
32:7 33:12 34:23,24
35:28 37:17 41:26,30
42:5,16 51:1 57:20,30
59:8 60:24,32,33
61:12,24 67:33 69:12
71:14,15 74:16 75:2
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32:18 42:16
out 1:30 2:2,9 4:10 7:25
8:15 9:18 10:11
11:14,25,26 14:17,33
17:13 24:24 25:29
27:10 30:8,14
33:25,27 34:5,7,24,32
35:2,22 38:4 39:17,22
41:32 42:6,25 44:26
47:18 48:31 53:9
54:7 57:1,15
60:13,15,21 66:20
75:2 79:1,3,6 81:28
84:26,30,31 85:13,15
86:12,19
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49:19,26,31 50:19,32
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48:16,17,18
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19:6,19 20:12,25
35:20 40:16 59:2
65:19 78:21,23
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6:31 7:15,30 8:24
11:33 12:14 22:9,12
23:5 24:7,23 25:32
27:5 28:20 31:23
33:25 50:8 52:19
53:29 54:5 55:17
56:5 57:16,33 63:28
65:11 68:18
70:20,28,30 71:2
74:27 79:4,24 80:22
81:6 83:6 85:20 86:1
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87:16 102:32 104:33
105:13
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overwhelmed
83:12,14,18
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own 5:3 6:10,17 10:25
11:33 19:29 27:21
32:2 35:31 45:33
46:6 56:6 58:12 65:8
68:5 71:8 74:20
78:13,15,28 81:16
89:29 94:25 95:12
owned 58:4
O'Neill 2:13,14 6:28
O'Reilly 7:20 12:14
O'RIORDAN 8:10 17:4
29:2,19,21 34:29
36:1,7 38:14,19 39:10
41:18,25
Objectors 81:25
October 29:12
Okay 3:29 8:25 15:16
16:16 24:17 38:29
42:7,11,29 48:4 49:27
50:16 53:3,18
63:23,28 66:16,27,31
72:32 74:5 78:15,17
85:27 88:11,18,30
90:29 91:18,29
92:19,27 94:30 95:7
96:12,27 97:16
98:20,21 99:19
100:34 103:18
104:9,13
Ollie 36:12
Olobar 34:8
Ontario 53:20
Oops 50:2 80:11,18,31
Opera 29:12
Optimisation 92:13
Organisation 1:23 16:22
23:12 34:8 36:26
45:8 58:19 59:13
101:8
Oscar 50:2 61:34
P
pack 66:24,25 104:24
105:3
pages 11:14 65:13
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22:8 25:25,26 40:29
41:5,7
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part 1:12,34 3:8,13 5:4
13:19 14:13 16:16
17:5 23:27 25:16
28:28 30:9 32:14,21
34:1,29
37:12,15,18,25 44:16
53:9 60:4 61:20
65:26 69:16,34 73:11
76:12 77:26 81:8
84:21,30 85:5,27,29
87:4,5,12,17 88:24
90:14 95:23 96:21
103:9
partially 17:28
participants 63:34 81:11
91:10
participate 16:4,10,21
59:12 63:6 71:32
86:14 94:5
participated 64:1
participating 66:15
NUI Galway Summer School – 17 June 2013
participation 44:28
45:28,31,33
46:2,3,4,8,11,32,33
63:33 64:8,21,23
90:13 92:28 93:1,2
94:9 103:15 104:3
participatory 5:11
particular 2:15,26 6:7
10:6 12:11 13:19
22:4 52:3 60:34
65:25 67:27 70:28
71:23,26 73:28 74:20
75:28 82:23 83:11,13
85:15 86:3,8 87:32
89:16,26 90:11,20
91:5 95:23 96:5,22
97:1,9 98:30 100:2,3
101:14,19 102:33
103:18,33
particularly 5:34 6:23
18:13 20:20 24:27
56:7 58:1 82:22,23
96:14
parties 11:17 24:26,31
48:10 59:10,27,28
69:26 70:16
80:3,9,13,16,17,19,26
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97:16 101:17 102:12
103:19,23
partly 8:2,3
partner 71:14
partners 69:32
parts 69:12
party 9:10,11,12 70:23
73:3,5 87:23 91:31
pass 2:11 3:21 4:5 6:20
33:10 42:18 83:7
passed 33:13 79:18 98:19
passionate 2:4
passions 16:19
past 2:26 8:10 26:8 56:5
57:16 66:25 76:12
paste 47:31
paternalistic 102:13
pathological 26:10
patience 42:30
patient 105:17
patriarchy 18:4
pay 1:4
payment 31:5
payments 33:17
peace 68:19
penalty 72:20,21 78:5
penumbra 78:29
people's 16:31 25:33
26:1,15,22,26,29
34:23 39:3,7 55:15,16
57:18,34 58:2,3,13
59:7,11
people 1:24
2:11,17,18,21 3:5,9
5:2 6:22,23 7:8
8:14,27,33 9:16 10:24
11:12,18,33
12:3,20,23,27
13:10,15,19,23,33
14:6,26,27
15:24,26,30 18:18
19:34,10,14,20,29
20:1,3,16,23,30,31
21:10,33 22:4,9,20,22
23:19,28,32,33
24:2,3,20,23
25:3,10,13,17,25,34
26:3,
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38:33
perfect 15:6 56:26
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perhaps 3:12 44:2 46:27
50:8 51:3 54:32
63:13 71:22 87:15
90:10 92:12 97:19
period 46:32 99:34
periodically 89:25
permanent 57:3
permissibility 91:19
96:29
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permitted 91:20 92:24
96:30 97:4,5
permitting 98:27
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24:6 25:8,10 29:10
30:32 31:32 32:12
33:6 35:2 36:30
37:34,21,22 40:21
41:25 44:16,19,23
45:21,22,23 50:1
52:16 53:22 58:29
60:34 61:9,24 62:28
64:1 78:32 89:15
95:1,2,26 97:30
100:31 103:4 104:18
personal 1:27 10:25
12:8,9 17:8,15 21:34
22:4 24:14 25:9,14
26:7 28:24 35:23
76:6
personalisation 7:6
personally 4:33 81:18
105:15
personhood 46:11 48:22
100:19
persons 2:23 4:17 7:31
8:10 16:33 43:2
47:13 61:8 68:27
87:11 89:28 92:29
93:9,29 96:28 97:18
98:15 99:8
103:7,19,22,23,27
perspective 26:7,9
perspectives 42:28
persuade 6:13,14
persuaded 3:12,13
persuasion 3:13
pertaining 90:3
pertains 91:15
phenomenal 16:28
105:13,16
philosopher 43:18 44:29
philosophicals 63:30
philosophy 22:28
phone 83:25
photograph 15:17 17:25
18:27 19:6,7 67:4
photographer 27:10,27
photographers 27:9
photographs 17:19
photography 27:28,29
28:27
phrase 32:14 43:31
46:29,30 47:31 48:29
49:1 79:16
phrases 48:28 69:11
physical 12:20 29:3,27
44:23 103:5
physicality 31:28
physically 103:11
physicist 61:30
pick 94:23
picture 17:23 18:18,28
19:6,7,21 20:12,25
24:3 27:19,24
pictures 18:17
19:19,25,26 23:4
26:31 27:10,17,28,32
40:32
picturing 27:12
piece 12:11 13:3 16:22
45:20 60:20,24
pieces 53:3
piled 25:21
pillars 15:22,28 16:2
pin 4:2
pink 83:34
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pity 33:28 84:12
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19:16 20:7 21:10,30
22:2,34 23:19 30:17
48:18 50:21,26 51:16
59:9,11 63:2 71:4
96:20
placed 95:10
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83:32
placing 81:31
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13:4 19:33 21:15
28:30
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32:7 56:25 96:12,13
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29:14 91:24
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11:12 12:11 16:18
18:7 22:17 29:30
35:18 41:8,30 42:13
46:14 54:6,25,30
55:33 60:17 61:14
62:19 63:7 71:31
75:7 78:17 79:6
87:31 89:17 90:16
91:5,18,24
92:12,14,16 95:32
97:26 98:32 99:2,13
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48:31 91:14 102:23
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police 74:9 78:33 79:34,2
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16:32 23:1,8 43:3,5
44:27 55:6 68:12
71:31 102:10
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18:2 24:26,31 26:16
46:16 51:9 54:6 70:7
71:24 72:10 77:32
82:22 85:7,8 92:28
94:8 97:20 98:4,6
103:15,20
politically 52:12 60:26
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26:33 46:19
politics 6:29 9:3,9,28
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pool 20:13 27:19
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44:20 47:12 51:12
54:13
poorer 13:23,24
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82:27
populous 76:3
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pose 99:5
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77:18 84:16 96:24
97:29,31 101:1
positions 6:30 91:29
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47:34 61:18,20
62:13,20 103:5
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possible 4:24 5:11 8:14
21:18 37:15 47:17
52:3 53:22 57:13
62:12,14,21 64:34
74:26 89:4 90:29,30
100:15,18 104:24
possibly 1:13 67:23
post 10:24
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48:2 97:18
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88:5 92:1 98:6,15
99:15
poverty 13:31 16:32
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24:25 31:3 33:13,32
36:19,22
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60:30 65:15
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54:10,12 63:2
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86:32 96:18
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100:11
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Premier Captioning & Realtime Ltd.
www.pcr.ie
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74:26,27 83:13 84:29
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19:21,22 50:11,12
67:18 70:34 77:21
79:15 82:14,15,16
84:14,30 85:9,10 88:1
91:34 92:26,27 99:5
104:14
problem 6:3 28:31
37:32,33 49:1
51:24,26,29 52:19
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61:24 66:11 77:30
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problematic 5:34 27:29
94:24 99:29
problems 19:4 40:6
43:29 47:6 54:14
56:28 64:33 66:7,8
76:19 81:19,21 86:6
87:21 101:4 105:2
procedural 48:5,10,11
procedures 48:17 96:15
proceedings 6:16 7:26
proceeds 8:18
process 48:16 56:21
57:6,17,21,28
58:4,6,27 59:5
60:1,18 63:5 64:3
87:10 96:15 101:5,24
104:1
processes 48:15
produce 35:14
produces 46:2
product 56:29
productive 99:14,28
products 17:21
professional 28:10
professionals 22:8
profound 6:33 12:4
64:21 78:19
programme 5:15 6:24
7:19 9:12 20:18,20
29:30 37:19 79:2
102:10
programmes 39:30,33
48:15
programming 20:15
progress 11:6
progressive 33:13
47:7,26 68:3 70:10
82:23 85:16,18
progressively
70:20,24,29 71:2
prohibit 72:21 77:1
prohibited 72:15 74:3
78:1 91:20
prohibition 51:23 98:8
prohibitions 51:17
prohibits 72:34 98:27
project 7:11 16:4,6,10
21:19,20
projects 16:32 26:32
prominently 46:30
promise 67:32,33 68:24
69:26 70:1,28,30,33
71:1,6,22,28 72:2,3
74:17,19,20
77:23,24,31 80:9,13
promised 42:32
116
promises
68:2,5,9,10,14,22,25,
30,31
69:7,10,14,16,18,19,2
9,32 70:4,7
71:12,13,14,15,17
72:1 74:5 75:32
79:22 81:16 83:5
promising 23:28
promote 10:18 27:18
32:17 35:25 36:33
44:10 93:8 99:19
102:14 103:26
promotes 27:21,26
promoting 35:2 37:1
promotion 99:19
pronounce 62:27
pronunciation 37:29
prop 96:3
proper 18:34
properly 17:31 19:22
prosperity 84:13
prosperous 76:29 84:31
protect 33:13 57:8 93:8
103:26
protection 13:11 49:8,15
97:23 99:1,2
protest 21:5 41:26
protesters 18:19
protocol 72:20 98:28
proud 20:34
prove 69:19
proved 13:14
proven 78:34
proves 9:21
provide 2:14 3:22 17:31
40:29 64:11 82:24
85:14,17 101:21
104:21
provided 52:27 53:1
90:32 91:1,2,6 92:22
93:28 99:30 101:28
103:3
provides 70:20 73:25
77:32 87:9
91:15,20,21 92:21
93:27 96:17,30 97:4
101:31
providing 52:29 95:1
96:13
provision 53:20
63:1,20,24 64:22
71:23,27 76:8 89:27
91:27 92:25 93:27
95:2 96:5,33 97:1,9
98:32 101:12,14
103:6,30,34
provisions 56:18 60:11
71:32 74:31 87:16,25
93:13 95:33 96:10,14
99:24 100:2 101:15
102:33 103:14,18,33
pseudo 93:15
psychiatric 61:23
psychiatrists 36:8
psychologists 11:30
public 6:30 11:16 24:26
30:20 31:6 34:32
35:14 40:25 72:31
94:5,6
publication 98:29
publications 16:27
publicly 25:3
published 11:9,12 23:31
43:5 55:7
pumping 45:7
punishment 72:24
purchase 66:24
purported 75:11 77:7,14
purpose 3:2 44:10
72:9,28,29,34 74:34
76:34 77:8,15
80:3,25,32,33 82:17
84:33 86:32 91:22
92:34
93:4,7,10,11,12,13,14
,16,18 94:32 95:4,5
NUI Galway Summer School – 17 June 2013
99:23 101:16 102:14
103:26
purposes 45:5 89:31
push 10:29 54:7
pushed 10:31 11:1
pushes 101:15
put 6:16 13:4 17:12
27:18 46:18 62:8
63:2 65:7 71:21
77:23 90:30 92:10
94:30 95:33 98:2,5,29
100:6 104:4
puts 51:10
putting 48:17 95:16 96:1
99:5
puzzle 48:26 49:2 76:28
77:21 84:30,32
puzzles 47:33 84:25
Paralympic 50:34
Paraplegic 43:4
Parliament 9:10 24:27
25:4,20 63:34 98:24
Patricia 62:23 82:9
Peking 67:7 78:2
PhDs 6:25
Philanthropies 2:27 6:21
Philosophers 15:11
49:18
Pierre 53:26
Pistorius 50:2,12 61:34
PowerPoint 81:8 104:4,5
Presidency 13:27
Prize 49:22
Proclamation 32:14
Professor 16:29 43:1,4
55:6 63:29 66:34
67:6,8
Professors 22:33 62:24
PROF 2:13,14 4:21 6:8
15:18 17:6 29:21
35:21 38:2,11 39:8,11
42:28,32 43:7 54:34
60:33 61:13,34
62:4,27 63:5,32 64:26
66:32 67:4,10
75:17,21 77:6 83:2
85:23 95:8 99:11
100:15,22,29,34
102:31
Q
qualified 79:25
quality 31:30 33:14
49:19 67:21
quantified 64:15
quantities 57:25
quarter 66:25
quasi 90:10
question 36:23
37:21,28,31 38:2,32
39:12 41:13,15,32
52:10 53:3 55:28
61:3,4
63:8,10,17,30,33
64:25 65:11,32 72:1
77:27 82:18,26 83:10
85:12,13,14 88:15
91:22 95:12,14,24
100:16,30 103:13
questions 1:29 4:4
14:20,30 34:4 39:8
42:28 55:31 60:15,33
61:1 62:24 63:7
64:26 66:16 78:16
82:8,10 84:23 86:10
104:22 105:2
quibble 77:13
quick 38:30 42:18 64:27
91:33
quickly 6:20 10:20 23:31
39:11 42:15,32 44:3,5
48:9 70:1
quite 5:17 19:10 23:2
25:1,5 26:13 27:26
64:8 85:13 87:2
91:14 92:16 97:32
104:16
quote 8:20,26,28 9:30
15:9,10,11 16:16 69:8
quotes 8:25 16:17
quoting 15:10
Qatar 74:3
Quinn's 14:21
Quinn 4:12,20,21 10:6
11:12 15:4,5,18 29:21
42:4 89:29
R
race 49:32 50:32 52:32
53:13
racers 49:33
races 50:33
racial 81:18,19 90:6
radicalise 18:14
rails 56:22
rain 14:18
raise 1:29 18:13 43:27
69:34 92:14
raised 25:19 35:22 69:23
91:18 97:30 100:3
ramp 30:20
range 70:14 86:24 90:8
98:2 101:22
rapport 87:13
rapporteurs 101:7
rare 29:3,27
rarely 77:17
rat 83:2
rather 1:16,29 10:34
15:25 39:10 59:22
69:21 71:22,30,31,33
73:2 77:24 79:12,17
80:14,27,29
ratification 65:8 83:6
ratified 74:1 83:4,5
ratifies 72:31
ratify 27:1 55:23 57:19
58:12 71:23 81:18
82:28,29
ratifying 70:12,33 83:12
96:27
reach 48:18
read 1:16 4:9 5:16 29:3
33:21 57:33 59:25
67:18 81:5,29 93:7
97:16 102:25 104:24
reading 43:6 50:18
56:6,7 62:32,34 65:14
95:8
reads 67:21
reaffirm 97:16 103:22
reaffirmed 26:9
reaffirming 48:21
real 5:7,9 7:17 8:5 15:14
16:6 22:32 47:15,23
51:14 52:18 54:12,32
58:11,14,31 80:17
84:12
realisation 97:34
realise 15:9 30:26 33:23
40:26,33 61:3 68:8
70:24
realised 98:5
realising 30:4
realistic 47:34 52:18
61:15
realistically 52:15,30
62:21
realities 82:34
reality 38:34 60:21 82:28
really 1:17,23,33 2:1,7
4:7,22,25 5:13 9:3
10:17,20 11:18,27,32
12:5,32 13:17 14:33
15:9,22,34 16:6,8,14
17:4,27,32 18:3,23
19:15,22,30,33,34
20:2,5,15,17,34
21:3,9,10 22:9,34
23:8,14,21,31
24:18,29
25:11,18,26,27
26:17,26 27:3,21
28:17,22,32
34:21,25,27
reason 8:33 9:26 14:17
17:25 26:6 29:4 36:2
42:27 44:5 58:30
69:6,25 72:2 76:6
reasonable 48:30 62:5,11
63:1,17,19,22,26
65:13,14,32 66:1
82:24 85:16,17
87:26,33
88:10,11,18,19 89:23
90:22 91:14,15
101:29
reasonably 70:31
reasons 13:29,30 21:24
39:20 43:21 49:18
71:11,24 72:10 76:27
79:16 85:7,8 96:22
102:12
rebellions 18:4
received 29:10 65:12
66:24 92:23
receiving 3:4
recently 6:4 26:33 43:5
98:29
reception 17:24
recess 8:30
recipients 6:23 36:31
reciprocal 74:5
reciprocity 73:16
recognise 26:30 100:28
103:23
recognised 3:16 10:7
49:20 50:23 70:24
100:24,25
recognising 14:27 48:21
102:21
recognition 103:22
recommendations 89:25
90:10 96:22
recommended 99:33
reconstitute 13:22
record 60:11 80:20
recourse 86:32
recreated 26:9
recycling 27:29
red 50:6
redistribution 61:21
redress 64:29
redundancy 62:2
redundant 49:14
refer 93:23 94:5 95:25,27
97:24
reference 27:28 28:27
90:28 100:8
referenced 29:15
references 89:23 90:22
93:26
referencing 89:22 90:10
93:29
referring 93:10
reflect 45:21 101:27
reflecting 4:23 56:5
reflects 96:14
reform 5:27,31 6:34 7:15
9:13 22:22
refreshing 31:6
refuses 71:28 74:19
regain 6:34
regard 67:12 73:14,32
74:20 78:18 80:27
84:23 97:14
regarded 63:11 70:11
73:7 79:21 97:12,15
regarding 94:28 99:24
102:19
regards 60:17
region 58:24
regional 58:24,25 60:2,8
64:2,3 90:9
regionally 58:21
regret 105:2
regular 30:9 39:18 70:5
96:31 97:4 99:30
rehearse 104:26
reinforce 34:13 90:33
92:15 93:15 94:15
reiterate 5:10
related 82:26 90:6,7
95:12 99:24
relates 96:5
relating 103:9
relation 10:7,9 12:21
13:4,24,25 14:2 63:8
66:23 83:10 103:15
relations 25:10,11 35:14
68:16 73:17
relationship 45:29
65:11,13 81:32
102:19,22
relative 47:22
relatively 24:24
release 57:1,2,15
released 74:20
relevant 57:18 72:14
86:32 96:15 104:1
reliance 29:32 30:32
religion 53:14
religious 40:15 54:3
rely 30:8 31:16 40:14
remain 31:31
remaining 61:26
remarkable 8:10 69:2
83:23 84:20
remarks 3:22 57:2 68:1
remember 1:33 15:1
17:32 36:5 38:22,23
48:31 51:17 57:34
58:10 74:8
76:12,18,33 78:32,33
79:8,30 81:12
83:32,33 84:4 92:34
93:14 105:15
remembered 75:27
reminded 67:17
removal 62:13
remove 51:34
repeating 85:13
repetition 45:7
replaces 39:28
report 10:32 26:29 62:2
76:7,11 96:28
reporting 70:6
reports 70:5 87:13
representative 6:21 57:3
58:30 93:34 94:1
representatives 6:28
57:11 60:4
represented 2:30,34 4:23
59:29 64:18
require 16:21 48:16
76:26
required 65:2 66:34
94:34
requirement 53:16
requirements 65:8
requires 51:9 94:34
requiring 95:9
researchers 26:8
reservation 71:26
72:3,5,8,9,15,23,24,2
7
73:2,3,5,7,9,14,15,16,
17,31 74:25,27,30,32
75:11 76:34
77:7,11,12,14
82:13,15,16,19 84:32
91:19,20,21
92:19,20,24,30,31
93:2,5,20,21 94:23,32
95:4,15,16,25,34 96:4
101:3
reservations 67:13,32
71:21
72:16,17,19,33,34
73:21,28 74:22
76:21,23,24 81:24,25
83:13 84:23,24,29
85:4 91:18,20,21
92:32 94:27,30,32
97:26 100:33
reserved 73:29 75:9
reserves 92:20 96:4
reserving 72:9
73:8,14,17 74:6,25
residual 50:14
resistance 21:10,12
35:18
resolution 79:17
Premier Captioning & Realtime Ltd.
www.pcr.ie
resolve 81:22
resolved 68:9
resolves 81:2
resolving 86:34
resort 41:27
resource 54:13,14 62:15
63:27 66:14
resourced 47:22
resourceful 39:24
resources 20:5 21:16
52:3,4,30 53:1
54:15,17,23
61:8,11,17,21,30
64:10,11,12 70:23,29
76:26
resourcing 62:11,21
respect 9:3,4 20:6 31:26
39:3,13 45:20 46:13
47:1,3,4,12 92:4,6
93:9,23 94:2 95:13
96:19 98:12 100:17
101:32
respected 6:15 27:11
respecting 61:31,32
respond 95:34
responding 65:4
response 17:4 29:1 53:26
64:27
responsibility 9:16 33:10
67:6
rest 13:16,23 85:7
restaurant 66:17,19
restricted 65:25
result 43:33 48:7,22,26
50:16,31,32 51:3
52:31 86:34 100:11
resulted 31:7
results 52:10 62:32 63:2
retained 9:11
return 4:31 5:3,4,5,6
76:5
reveal 79:17 80:8,13
90:32
reverse 29:8 31:4
reviewing 98:28
revision 72:15
revived 66:31
revolution 18:3
revolutionary 14:29
rhetoric 69:3
rich 1:12 42:6 51:13
54:13 86:28 87:6,9
rid 11:31 47:8
riddle 78:28
ridicule 69:11
ridiculous 32:8 95:20
ridiculously 35:3 36:7
right 3:33 5:27,32,34 6:6
11:33
12:2,5,7,21,22,23
15:5 24:14 28:28
33:11 34:21 36:5
40:5,8 42:20 43:31
44:32
45:11,12,13,15,16
47:18 48:7 53:34
54:15 55:29 56:13
58:17 63:13 70:22
71:1 73:29,32
75:15,19 77:31,33
78:4,5,10,29 79:6
82:22 89:14 90:10
92:16,2
rightly 91:14
rights 2:23 4:14,16 5:6
7:31 16:33 18:7,10
24:11,20,23,26,33,34
36:25 38:6,30 39:3
43:2,28 44:10,13
45:5,11 46:18 48:32
53:12,13,14,29,32,33
54:28,29
55:14,15,18,21,27
56:23 57:4,8 60:9
61:8 64:29 67:6,8,10
68:27
70:8,11,13,14,17,20,2
2,24,34 71:1 77:32 78
117
rise 92:3,5
risk 13:30 81:28 99:31
road 13:3 54:7 66:19,21
robbed 10:2
robot 31:13,15
robust 49:24 55:26 64:8
role 7:30 17:31 30:1,27
38:14,18,19 41:20
55:10 95:22 96:12
104:21
roles 96:13
rolling 8:20
room 3:34 8:34 42:15,19
44:20 48:32 56:11
57:23 58:10 60:9
63:21,25 64:16 85:22
rooms 39:2 58:10 59:2
80:20
root 100:10
roughly 75:18 76:24
round 62:24 66:27
rounded 31:16
rub 30:16
rubbish 53:21
rubric 49:19
rule 68:15 79:8,9 81:12
90:12 98:11
ruled 82:33
rules 3:32 59:7 62:24
68:14 73:22 74:7
79:8 81:2,31,33
86:19,27 90:13,15
92:3 94:14
ruling 95:15,16
run 2:9 34:5 36:13 49:34
50:7,23,24 82:10
running 3:28 25:32 42:2
60:14 66:17 105:14
Rannveig 8:5,9,11
16:25,29 17:5 28:21
34:6 36:19 38:10,32
40:1 42:4 44:26
105:18
Raou 76:14
Raoul 67:7
Ready 30:9 75:31
Rehab 29:10 33:6 58:3
Rehabilitation 4:15
Research 12:18 13:3
16:30,32 17:2,9 22:28
23:24,25 25:16,17
26:2,6,13,18,26,32
40:2 43:4
Reykjavik 20:12
Rhianna 38:15
Rica 76:5 100:27
Rifles 74:16
Riordan 42:4
Robert 8:21
Roberts 24:4,5
Rogers 15:10 105:18
Romney's 51:10
Roosevelt 5:6
Rosemarie 56:10 65:34
75:27 85:22,33 86:17
104:9,34 105:11,19
Ross 104:19
Russian 76:3
Russians 79:12
Ruthless 33:16
S
sacred 73:21 74:7
sad 34:33,34 39:27
safely 29:27 32:21
said 6:29 8:21 9:7,26,33
10:26 12:15,33
13:2,25 15:3,4,11,14
16:27 18:23 21:25,26
25:18,21 26:12 29:11
34:5,29 37:4 38:25
40:21 41:10 44:7,12
52:9,11 53:21
57:2,3,5 59:28 61:18
62:2,17 67:15
74:3,16,30,33
75:11,21 76:14,31
77:7,26
NUI Galway Summer School – 17 June 2013
78:5,6,7,18,22
79:2,26,2
sake 45:32,33 46:1
salt 36:2
same 5:5 13:33 18:14
19:6 20:31 28:11
31:26 32:25 35:34
36:29 41:22 47:13
48:6,7 49:15
50:21,25,26,29,31
51:8,12,16 52:31
54:15 55:7 60:20
65:23,26 68:25 71:17
77:11,12 80:22 81:21
82:18 92:30 99:20
102:2
sat 16:12
satisfied 36:34 51:19
saw 31:11 36:22 58:4
64:7 76:19 80:11
81:13,25
say 1:22 3:10 5:19
8:7,21,22
9:9,18,30,34
10:5,23,33 11:8,17,31
13:5 14:23 15:8,18
16:11,28 19:3 23:12
26:34 28:27 29:15,27
31:22 32:21,28,34
33:22 34:12,27,29
35:13 36:13 37:8,15
39:3 41:6,7
42:2,3,18,25,29
43:7,10,20 44:12,29
46:6,34
47:12,17,18,19 49:9
saying 2:10 9:26 14:13
16:25 28:3 29:16
33:23 36:28 38:26
46:19 58:17 61:10
64:32 69:17,34 71:21
77:1 84:19 91:19
95:9,16,20 96:24
98:21 105:2
says 9:19 10:1 14:32
17:21 25:14 32:15
36:5 44:23 46:3,18
48:10,21 50:28,32
51:8,16,20 61:15
63:10 70:16
72:7,14,17,32 77:14
78:10 81:5,31 93:17
95:26 96:21 100:8
103:6,10
scale 26:15,17,18 51:28
scenario 86:4 92:19
94:16 102:32,33
103:13
scenarios 86:12 87:20
sceptical 6:14
schedule 6:31
scheduled 24:9
schemes 28:10
scholar 98:29
scholarly 17:1
scholars 27:14
scholarship 25:16
scholarships 2:27
school 1:1,4,32 2:9,22,26
3:2,15 4:8,9 12:23
14:20,21 15:21 20:31
25:13 30:9
32:15,23,24 37:8
42:15 55:34 67:5,7
78:3 80:3,6,16,25
104:13
schools 14:14,15,17
27:11 37:17 78:2
80:1
science 43:4
scientific 25:26 26:8
scope 92:13
scoping 101:5
scratch 30:16 69:24
scratched 75:27
screen 100:6
screening 96:31 97:6,8
98:25,28
scurry 83:26
seasoned 21:9
seat 9:11 66:15
seats 83:27
second 37:31 41:4 42:27
44:16 51:20 55:34
56:8,32 57:15
59:21,25 63:17
72:19,20 75:3 76:5,31
77:3 83:10
secondary 80:22
secondly 1:15 63:9 79:20
85:2
seconds 52:8 104:10,12
secret 93:26 94:13,14,33
103:2
section 48:30 49:9,12
70:17 88:1,2,3,5,10
sections 47:30
secure 65:15 70:16,17
secured 70:20,28 71:2
seductive 28:1
see 1:30 3:26 7:12,16,20
8:21 11:14 12:26
14:13 17:19,23
18:27,34 19:3 20:24
23:5 27:31 29:22
31:15 32:3,6
33:3,26,29 34:1,5,33
40:9 41:21,26 43:27
44:5 46:29 47:6
49:34 50:16 57:24
59:26 60:3 61:26
62:16 65:18 66:25
67:28 74:14 75:4,29
80:12 82:5,27 83:2
seeing 74:19
seek 5:5
seeking 103:10
seem 18:34 30:26 31:20
32:17,32 77:12
seeming 81:28
seems 72:28 81:12
seen 19:10,20 20:6 22:17
27:25 31:20 32:15
33:16 37:4 38:34
68:31 82:32 94:12
95:23
sees 94:20
segregated 32:17
select 95:1
selected 83:23 92:22
93:28
selection 100:8,12
selects 95:2
self 32:18 69:26 78:4
sell 34:22
send 31:32 40:17
sending 74:3 100:18
senior 69:1
sensationalise 34:22
sense 11:25,29,32
52:7,31 53:6,7
56:17,19,24 62:17
65:19 80:27 91:10
101:29
sensible 47:22 80:4
sensitive 68:19
sensory 44:24
sentence 49:7 56:33
95:30
separate 61:6 63:14
separated 13:15
separates 52:24
serious 2:4 4:6 11:13
16:16 17:26 53:22
62:1 72:25 78:9
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NUI Galway Summer School – 17 June 2013
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NUI Galway Summer School – 17 June 2013
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NUI Galway Summer School – 17 June 2013
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