ILiS: briefing for Parliamentary debate on human rights, November 2014
Briefing for the parliamentary debate on human
rights: Making rights a reality for disabled people
This briefing is for MSPs. It is on the motion on human rights to be
discussed on the 11th of November 2014 (S4M-11484, laid by Roseanna
Cunningham, Perthshire South and Kinross-shire, Scottish National Party,
lodged: 10/11/2014).
The Independent Living in Scotland (ILiS www.ilis.co.uk) project aims to support
disabled people in Scotland to have their voices heard. It is funded by the Scottish
Government Equality Unit and is part of a wider Independent Living Programme in
Scotland. The Scottish Government, CoSLA, NHS Scotland and the disabled
people’s Independent Living Movement work together in the programme towards
their shared aspirations for independent living, equality and human rights. These
aspirations are set out in “Our Shared Vision for Independent Living in Scotland”1.
1.
The rights
All human rights belong to disabled people. This paper focusses specifically on
the United Nations Convention on the Rights of Persons with Disabilities
(UNCRPD)2. The UNCRPD is one of a number of international treaties (e.g.
UNCRC, UNCEDAW, UNCERD) that the UK is signatory to. It was developed by
disabled people, for disabled people. It is supported internationally because of the
recognition that disabled people are still frequently denied basic rights and
freedoms that non-disabled people take for granted.
The UNCRPD aims to ensure the full and equal enjoyment of all human rights and
fundamental freedoms by all disabled people. It encompasses more than the right
to non-discrimination and includes equal enjoyment of civil, political, social and
economic rights across all areas of life. Crucially, the UNCRPD requires the full
participation of disabled people in the development and implementation of
legislation, policies and programs to implement the Convention. This is something
that sets it apart from other international treaties. The UK signed the Convention
in 2007 and ratified it in June 2009. This means it is legally binding on the UK.
1
2
http://www.scotland.gov.uk/Publications/2013/04/8699
http://www.un.org/disabilities/convention/conventionfull.shtml
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ILiS: briefing for Parliamentary debate on human rights, November 2014
Ratification of the Convention means that the UK must:
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Implement the rights in the Convention
o
Civil and political rights must be realised immediately
o
Social, economic and cultural rights must be achieved progressively –
to the maximum of available resources
Ensure there is no regression – always moving forward
Meet their general obligations, including the requirement to take account of
human rights of disabled people in all legislation, policies and practices
Ensure public bodies act in compliance
Eliminate disability discrimination by private bodies
Article 4 of the UNCRPD affirms that “the provisions of the present Convention
shall extend to all parts of federal States without any limitations or exceptions”. In
Scotland, the rights under the UNCRPD are strengthened further because the
Scotland Act requires that the work of the Scottish Parliament adheres to all
international human rights treaties to which we are signed up. Thus, through
internal arrangements within the UK, including devolution the Scottish
Government has a crucial role to play.
2.
The reality
Disabled people are living in poverty
Disabled people rely on benefits more than non-disabled people3. Only 45% of
disabled people are in work (vs 70% non-disabled people)4. Just 63 out of 25,691
(0.2%) Modern Apprenticeships went to young disabled people5. Disabled people
spend £550 more per month than non-disabled people, because of the extra costs
of being disabled6. All of this means that; 47.5% of disabled people live in
poverty7; they are 3 times more likely to use doorstep loans and twice as likely to
have debt that is equal to half their income, than non-disabled people; and; they
have to cut back on heating and food8.
Public transport is inaccessible to disabled people
Seventy four percent of disabled people report difficulties in using public
transport9. This is the result of a variety of factors, including; a lack of accessible
buses and trains, staff not always being available to help people on trains10, that
Inclusion Scotland; “The Broadest Shoulders? Disabled People and Welfare Reform”, 2014
http://www.scotland.gov.uk/Topics/People/Equality/Equalities/DataGrid/Disability/DisabLab
5 Skills Development Scotland, 2014
6 http://www.scope.org.uk/media/press-releases/july-2014/disabled-people-pay-more
7 “Destination Unknown”; Demos report, 2010
8 http://www.scope.org.uk/media/press-releases/july-2014/disabled-people-pay-more
9 The Life Opportunities Survey”; Office of National Statistics, 2010
10 SATA Newsletter, Spring 2014: Item titled ‘SATA’s DPULO project’
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ILiS: briefing for Parliamentary debate on human rights, November 2014
there are few wheelchair accessible taxis11 and the fact that travel information is
rarely provided in a format that people with hearing or visual impairments can
understand12. In addition, concessionary travel is undermined because buses are
inaccessible & community transport will not accept a bus pass13.
Disabled people are living in unsuitable housing
Seventy thousand households in Scotland need adaptations for wheelchair users,
but do not have them14. There is not enough housing being built to accessible
standards15, which means disabled people are living in unsuitable
accommodation16. This lack of accessible housing leads to isolation and bed
blocking17.
There is a crisis in social care and support
Rising demand against reduced resources means disabled people are not getting
the care and support they need18. Charges for it are rising, put people in poverty
and collecting them is not value for money19. Staff in the sector are burning out
due to poor pay and conditions; which results in a poorer quality of care20. SelfDirected Support (SDS) is not as successful as it might be and there are reports of
negative experiences. Rising eligibility criteria is resulting in unmet need21 and
human rights abuses as few people get the support they need to participate in
society and lead an ordinary life22. Social isolation is increasing as a result of a
lack of support, and this poses the same risk to health and life expectancy as
heavy smoking.
Disabled people are being denied education
11
http://www.capability-scotland.org.uk/what-is-capability-doing-for-me-now/campaigns/rapid-response-reports/leftbehind/
12 SATA Newsletter, Spring 2014: Item titled ‘SATA’s DPULO project’
13 7th (2013) Report on Community Transport:
http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/65586.aspx#a1
14 Horizon Housing Association and the Chartered Institute of Housing; “Mind The Step: An estimation of housing need
among wheelchair users in Scotland”
15 http://www.scotland.gov.uk/Publications/2013/12/3017/0
16 Macpherson, S. and Bond, S.(2009) Equality issues in Scotland: a review of research, 2000-08. EHRC
17 Inclusion Scotland’s submission to The UN Special Rapporteur on Housing during her visit to the UK in 2013: ‘The
Impact of the Under-Occupation Penalty or Bedroom Tax on Disabled People’s Human Rights’
18 http://www.scope.org.uk/news/massive-economic-benefits-providing-social-care-disabled-people (n.b. via the Self
Directed Support {SDS} strategy; CoSLA and others; are planning a questionnaire to get this data in Scotland – but,
given similarities in policies and demand and supply figures and data, it’s fair to assume similar figures will emerge
from Scotland).ONS; “Population projections for Scotland” 2012; Prof David Bell (2012:19), Fiscal Sustainability:
Issues for the Finance Committee Work Programme 2012
19 http://scotlandagainstthecaretax.org/
20 Unison; “Time to care”, 2014
21 Age UK; “Care in crisis”; 2014
22 http://www.scope.org.uk/news/massive-economic-benefits-providing-social-care-disabled-people (n.b. via the Self
Directed Support {SDS} strategy; CoSLA and others; are planning a questionnaire to get this data in Scotland – but,
given similarities in policies and demand and supply figures and data, it’s fair to assume similar figures will emerge
from Scotland).
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ILiS: briefing for Parliamentary debate on human rights, November 2014
Twenty four percent of disabled people have no qualifications (vs 9% of nondisabled people)23. Only 12.5% of Scottish disabled people hold a degree; half the
rate of non-disabled people. Disabled people take up less than 0.5% of all
apprenticeship places. Disabled people are almost twice as likely to be NEET
than those without ASN. Over 1/3 of disabled people do not attend mainstream
schools (and some don’t attend school at all24) despite a mainstreaming agenda.
Young disabled people are 3 times more likely to agree with the statement
“whatever I do has no real effect on what happens to me”25.
Disabled people are dying younger
Health inequalities in Scotland are “significant and longstanding”26. People with 1
impairment or more have a shorter life expectancy than non-disabled people and
people with learning disabilities die 20 years younger than non-disabled people27.
Disabled people are not involved in their communities
Only 6% of formal volunteers are disabled. Only 4.3% of public appointments are
held by disabled people and only 2 out of 129 Members of the Scottish Parliament
are known to self-identify as disabled28. Disabled people are excluded from sport
and leisure as leisure services are inaccessible, too costly and care and support is
rarely funded to support people to attend such facilities. A lack of menus in
accessible formats, accessible toilets etc. in bars/restaurants make it difficult for
disabled people to have a social life. Access to community councils is limited and
there are few resources to support access requirements and improvements.
Disabled people are not involved in decisions that affect them
Disabled people are under-represented in civic and Political life. Barely over half
of Local Authorities in Scotland involved disabled people in setting equalities
outcomes. Disabled People’s Organisations (DPOs) are losing funding to
umbrella equalities organisations. This means disabled people are losing
representation, they are becoming further marginalised, their voices are diluted
and they are losing out on the peer support that builds resilience and helps them
find solutions.
In summary, disabled people:
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Remain in poverty/out of work/unsupported at home/behind in education
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Left out of decision making
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Experience things differently in different areas
23
Scottish Household Survey
http://www.scotsman.com/news/health/please-let-me-have-nursing-cover-so-i-can-go-to-school-disabled-boy-pensheartfelt-appeal-to-new-health-chief-1-2303754
25 Joseph Rowntree Foundation; “The education and employment of disabled young people”, 2005
26 Audit Scotland; “Health inequalities in Scotland”, 2012
27 The Scottish Government; “The Scottish Health Survey; Equality Groups”, 2012
28 Inclusion Scotland; “A vision for an inclusive Scotland”, 2014
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ILiS: briefing for Parliamentary debate on human rights, November 2014
3.
The solutions
Incorporate the UNCRPD in full, into domestic legislation

Remember PANEL when developing laws and policies and implementing
them = participation, accountability, non-discrimination, empowerment and
legal
Support disabled people to participate in the community
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Work with DPOs and support participation
o
Resource DPOs
o
Meet access requirements (use accessible venues, use plain English in
all you do, pay for transport if it is needed, pay for PAs to support
people to attend meetings and so on)
o
Create an access to elected office fund in Scotland
Reduce poverty
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End social care charges
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Improve employability, including by procurement
o
Develop and fund a programme of placements for disabled people
across the public sector
o
Increase the number of disabled people participating in the Modern
Apprenticeships scheme
o
Recognise the success of employability services run by disabled
people for disabled people, when funding, procuring and
commissioning employability services29
Improve housing for disabled people
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Support DPOs to give advice and support to disabled people to access
services (this includes resourcing DPOs to do this)
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Increase the volume and accessibility of housing across all tenures (e.g. build
at least 10% of housing across all tenures to wheelchair accessible
standards)
Treat social care like a key infrastructure for equality and human rights
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Make social care free at the point of delivery like health care is, for people of
all ages
29A
report by the House of Commons Public Accounts Committee found that, within the first 14 months of
the Workfare operation, of the 104,000 people taken off incapacity benefit, the programme only placed 3.7%
in a job lasting more than three months, this compares to the much higher success rate of user-led (DPO)
Glasgow Centre for Inclusive Living. At the termination of its ESF funded “Professional Careers Service”; of
those assisted to find traineeships within local social housing associations; 82.4% gained full-time
employment; 94.1% gained an academic qualification; and 11.7% went into further education
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ILiS: briefing for Parliamentary debate on human rights, November 2014
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Combine health and social care budgets so that money can be used flexibly
Develop a formal right to appeal in social care including by creating a tribunal
system for social care
Require Local Authorities to record unmet social care need
Make social care packages portable (including by requiring Local Authorities
to accept a previous LA’s assessment of need)
Support disabled people to participate in their community by providing
support to do this (i.e. not just simply meeting life and limb needs) – this will
need multi agency working, e.g. checking what Access to Work, Disabled
Students Allowance etc. will fund, before making assumptions about people’s
needs being met from elsewhere
Support calls for a commission on funding social care
Independent Living in Scotland project www.ilis.co.uk
November 2014
Contact:
Pam Duncan-Glancy, ILiS Policy Officer, pam@ilis.co.uk
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