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	A Different Approach to Disability by International Disability Alliance, agencies   June 2021   Q&A: A Different Approach to Disability.   In October 2020, Gerard Quinn—a rights advocate, researcher, and law professor—was appointed as the UN Special Rapporteur on the Rights of People with Disabilities. As Special Rapporteur, Gerard plays a lead role in educating governments about what they can do to safeguard the rights of people with disabilities.   He spoke to Open Society’s Alison Hillman about how he hoped to use his office to advocate for a more inclusive, more equal world.   In the context of defending disability rights, what do we mean by inclusivity? And what are its implicit obligations?   This is a foundational concept. When we talk about inclusivity we mean, I count as a person. Take me seriously. It’s as basic as that.   Throughout legal history, people with disabilities are not treated seriously as persons. They are not alone in this, of course, but one of the last bastions for ascribing lesser moral worth still applies to people with disabilities.   So how can policymakers, judges, and others act in a way that is inclusive?   They treat my difference as a positive thing. Difference should not lead to exclusion or segregation, or other negative treatment. This concept of treating difference positively was one of the early hallmarks in U.S. disability law, especially with the innovation of reasonable accommodation.   Yes, say more about reasonable accommodation. It sounds good, but some of our readers may not know what it is.   It is the idea that adjustments need to be made to make systems accessible and fair to individuals with different needs. It is the idea that duty-holders have an obligation to treat difference positively. It is a bedrock of U.S. antidiscrimination law and is now a core foundational feature of the UN Convention on the Rights of Persons with Disabilities, passed in 2008.   It flips the notion of disability on its head, suggesting that disability is not about a person’s innate capabilities but about the way a society is organized and the laws that govern them. Disability is often not about people, it’s about choices societies make.   So you need to make sure that social, economic, political, and cultural arrangements are organized to make space for me.   This has enormous implications for building back post pandemic?   Yes, we need to consciously think through where some of the blockages were in the past and commit to undoing them. As much as we are building something new for the future, build it with me in mind.   This is a visibility project. I count, I am here. You will find that it is not just the right thing to do but it is also the efficient thing to do because when everybody feels that they belong, you build a much more sustainable economy and social future for your country.   How is disability rights advocacy today different than when you started your work in the field more than 30 years ago?   When I first got started in the late ’80s and early ’90s, we had a simplistic assumption at the core of our work. We thought, if we address equality of opportunity and if we address non-discrimination, then all our problems will be solved. We put all our eggs in one basket.   In drafting the UN Convention, many people with disabilities emphasized that the struggle for equal opportunities was not enough.   They argued that we can deal with all of the ripple effects of exclusion, but if we are not dealing with the core engine that is generating exclusion in the first place, then what is the point? You have to deal with root causes.   The net result: ideas about personhood began to take center stage in the drafting of the Convention and have been central to defending the rights of people with disabilities ever since.   Do you see the notion of the “personhood” of people with disabilities as a continuing challenge today?   Yes, it’s an enormous challenge. When you think about it, this notion of personhood is a revolutionary concept. You are taking power away from someone and giving it back to others.   Systems and apparatus have grown up used to certain power arrangements, so it is intrinsically difficult to change.   Even though philosophy and hard science have settled these questions. The law and policy making have not.   It has always been fascinating to me that evidence-based policymaking does not happen in this sphere. If it did, then governments would say to themselves, “Why are we so hung up with putting people through the hoops of trying to prove that they have a cognitive or rational ability when most of our own decision making does not draw on rational skills?”   Voting is a great example. I always say to my students, “Hands up if you are married.” Then I say, “Did you rationally think through the logical consequence of your choice of spouse?”   Of course, you did not. That is not the way human beings function. So it is an odd disjuncture between modern science, which is showing us how human beings behave, and the suppositions of law and public policy, which is very much rooted in a historical moment in time.   It seems to me that we have been waiting a very long time to get rid of that picture of the human being. Behavioral economics has done it—law and public policy have yet to do it.   During the pandemic, how has all this played out for people with disabilities?   What we have seen is that we kind of fooled ourselves into thinking that the UN Disability Convention—ratified by 182 countries—had sunk deep roots across the world.   But it is in moments of crisis that you see reality. And the reality is that during the moment of crisis with COVID, the system began to behave as it had for decades, if not centuries.   It was as if the rights of people with disabilities was a luxury or a side constraint. It was something to be kept at arm’s length; not something that should have been a natural reflex of the system. And I think we have seen that in a number of ways.   The service paradigm that was in place to enable some people with disabilities to flourish even modestly in their communities was simply kicked away. Nothing was put in its place.   Secondly, we saw rampant unequal treatment when it came to health care decisions and triage decisions in difficult circumstances. I do not put that down to malevolence on the part of the medical profession and doctors.   We forget that the professional training and socialization of these professions had not changed just because a UN Convention was adopted.   So they did not logically think through: “What are the implications for people with disabilities?”.. “Why are we using outdated frailty indexes to make hard ethical decisions?”.. “What implicit biases are embedded in our practices, and even in our socialization as a profession?”   And also, this applies as much if not more to older people as to people with disabilities.   We saw firsthand the exposure to risk of the disease that is endemic in congregated or institutionalized settings. It is really interesting that alongside a human rights argument against institutionalization now sits a public health argument against institutionalization.   It is a bigger revolution for older people. There are a lot of elder rights groups that hitherto would have supported institutionalization in some form, but they are changing their minds. It is fascinating to see the tectonic plates shifting because of COVID.   http://www.opensocietyfoundations.org/voices/q-and-a-a-different-approach-to-disability   Nov. 2020   Catastrophic global failure to protect the rights of persons with disabilities highlighted in critical report - International Disability Alliance   A coalition of seven global disability rights organisations have today called for urgent action by States and the international community to halt the catastrophic failure to protect the lives, health, and rights of persons with disabilities during the COVID-19 pandemic.   The report entitled ‘Disability rights during the pandemic: A global report on findings of the COVID-19 Disability Rights Monitor’ presents the findings from a rapid global survey of persons with disabilities and other stakeholders which took place between April and August of this year.   The organisations behind the study seek to “catalyse urgent action in the weeks and months to come,” as transmission rates continue to rise in many countries and persons with disabilities are again subjected to restrictions which have already had severe consequences.   The report analyses over 2,100 responses to the survey from 134 countries around the world. The vast majority of responses were from individuals with disabilities and their family members. Very few governments or independent monitoring institutions responded.   “The government announced the stay at home order and lockdown, but could not think of poor daily wage earners who are not getting even a meal a day. People are deprived of food and are in financial crisis and the government has not provided any benefits” A person with disabilities, Nepal   “People in institutions are not receiving adequate assistance or access to medical supplies. Staffing is insufficient and at dangerous levels” A female with disabilities, United States   “Children (with disabilities) and their parents are still in the street with no face masks, no social distancing. Their lives are in danger” Organisation of persons with disabilities, Nigeria   The report highlights four major themes from the survey data:   The egregious failure to protect the lives of persons with disabilities in residential institutions, which have become hotspots during the pandemic: Instead of prioritising emergency measures to reintegrate people into the community, respondents pointed out that many institutions have been locked down, with fatal consequences.   Widespread, rigid shutdowns that caused a dramatic breakdown in essential services in the community: Persons with disabilities could not access basic goods, including food, and supports such as personal assistance. Strict lockdown enforcement by police and security forces has sometimes led to tragic results, including the deaths of persons with disabilities.   Serious and multiple human rights violations against underrepresented populations of persons with disabilities: Women and girls have experienced a major uptick in gender based violence, children with disabilities have been denied access to online education, and homeless persons with disabilities have either been rounded up and detained or left to fend for themselves.   A concerning trend of denying basic and emergency healthcare, including discriminatory triage procedures: In some cases, persons with disabilities were directly denied access to treatment for COVID-19 because of their disability.   The over 3,000 testimonies collected by the survey provide ample evidence of widespread failures by States to adopt disability-inclusive responses. The testimonies point to a collective failure of leadership across many countries, regardless of their level of economic development.   Evidence included in the report is essential reading for law and policymakers, health and social care professionals, law enforcement, civil society, and others seeking to ensure that persons with disabilities are no longer sacrificed in efforts to contain the pandemic.   “From what I know, children in institutions are strictly confined, can no longer have contact with their families. They are really imprisoned while the providers bring the virus. Very important mental consequences” A person with disabilities, Belgium   “Irrespective of disabilities, persons on streets are picked up and put into shelters. These provide basic survival supports to all people housed there. This has great implications for persons with psychosocial disabilities, who have been experiencing homelessness but free and living at will on streets – to be institutionalized” Organisation of persons with disabilities, India   “We have been forgotten about” A female with disabilities, New Zealand   http://www.internationaldisabilityalliance.org/blog/catastrophic-global-failure-protect-rights-persons-disabilities-highlighted-critical-report http://www.cesr.org/confronting-covid-how-civil-society-responding-across-countries-rights-persons-disabilities http://www.cesr.org/blog http://www.internationaldisabilityalliance.org/content/covid-19-and-disability-movement http://www.internationaldisabilityalliance.org/blog/increasingly-consulted-not-yet-participating-ida-global-survey-report-participation http://www.internationaldisabilityalliance.org/blog/disability-data-advocacy-toolkit-better-information-better-policies   International Day of Persons with Disabilities (OHCHR)   Danlami Basharu, Chair of the UN Committee on the Rights of Persons with Disabilities:   "The COVID-19 pandemic has demonstrated the precarious nature of the gains made in the past two decades by and for persons with disabilities. States must work to mitigate its immediate and short-term effects and also plan better for future crises to make sure that no one is left behind in reality.   One obvious learning from the past few months is the conspicuous lack of consultation with people with disabilities, their representative organisations and human rights defenders with disabilities, in shaping the response to the COVID-19 pandemic. Problems that were wholly predictable were missed and this negatively affected both the legitimacy of immediate responses and their effectiveness."   Gerard Quinn, Special Rapporteur on the rights of persons with disabilities:   "The COVID-19 pandemic highlights that protection, response and recovery efforts will not be effective unless everyone is equally valued and included. Only through the adoption of a human rights approach will we achieve equitable, sustainable and resilient societies. This includes, among others, the recognition of education as an essential element to empower persons with disabilities and to integrate them into their communities socially and politically.   Innovation is needed to replace fragile support systems with an assurance of continuity during crises. The future cannot be like the past, and that is what 'building back better' should be all about."   María Soledad Cisternas Reyes, Special Envoy of the Secretary-General on Disability and Accessibility:   "Another obvious learning has to do with improving the accessibility and availability of relevant information and communications to those most at risk. During the COVID-19 pandemic, we also experienced the extreme fragility of support systems for persons with disabilities, as well as other community support services.   The multidimensional poverty and marginalization caused was obvious: extreme isolation, lack of access to basic services, including food and medicine, an enhanced risk of violence against women and girls with disabilities in the home, and even homelessness. It had a disproportionate impact on women and girls with disabilities and on older persons with disabilities." http://bit.ly/36vpS0f   June 2020   Statement on COVID-19 and the human rights of persons with disabilities   The United Nations Committee on the Rights of Persons with Disabilities expresses its grave concern at the devastating impacts of the COVID-19 pandemic on persons with disabilities.   The COVID-19 pandemic has revealed that the Convention on the Rights of Persons with Disabilities (CRPD) has not been comprehensively implemented by States Parties. It has starkly exposed the heightened vulnerability and risks to persons with disabilities that is underpinned by entrenched discrimination and inequality.   Persons with disabilities are often wrongly perceived to be inherently vulnerable, when it is attitudinal, environmental and institutional barriers that result in situations of vulnerability. While many persons with disabilities have health conditions that make them more susceptible to COVID-19, pre-existing discrimination and inequality means that persons with disabilities are one of the most excluded groups in terms of health prevention and response actions and economic and social support measures, and among the hardest hit in terms of transmission risk and actual fatalities.   The COVID-19 pandemic highlights that protection, response and recovery efforts will not be effective unless everyone is equally valued and included. Critical and urgent action is required to ensure that those most at risk, including persons with disabilities are explicitly included in public emergency planning and health response and recovery efforts.   The Convention on the Rights of Persons with Disabilities outlines the normative legal standards to address discrimination and inequality, and these standards need to be integral to COVID-19 protection, response and recovery measures.   A human rights approach is critical to response and recovery efforts not only in relation to the COVID-19 pandemic, but also to ensure that States take action now to build equitable, sustainable and resilient societies that have the mechanisms to prevent and respond rapidly to future public health emergencies and to ensure that ‘no-one is left behind’. http://bit.ly/3mD2vaw   http://www.ohchr.org/en/issues/disability/srdisabilities/pages/srdisabilitiesindex.aspx http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx http://www.un.org/development/desa/disabilities/   # World Health Organization: Over a billion people, about 15% of the world's population, have some form of disability. The number of people with disability are dramatically increasing. This is due to demographic trends and increases in chronic health conditions, among other causes. Almost everyone is likely to experience some form of disability ─ temporary or permanent ─ at some point in life.   People with disability have less access to health care services and therefore experience unmet health care needs. If health services for people with disability exist, they are invariably of poor quality or under resourced. http://bit.ly/3g0Bifq Visit the related web page
	Covid-19 has exposed the negative impact of privatising vital public services by present and former UN special rapporteurs   Global markets have failed to provide people with basic needs like housing and water, say present and former UN special rapporteurs - Leilani Farha, Juan Pablo Bohoslavsky, Koumbou Boly Barry, Leo Heller, Olivier De Schutter, Magdalena Sepulveda Carmona.   The Covid-19 pandemic has exposed the catastrophic fallout of decades of global privatisation and market competition.   When the pandemic hit, we saw hospitals being overwhelmed, caregivers forced to work with virtually no protective equipment, nursing homes turned into morgues, long queues to access tests, and schools struggling to connect with children confined to their homes.   People were being urged to stay at home when many had no decent roof over their heads, no access to water and sanitation, and no social protection.   For many years, vital public goods and services have been steadily outsourced to private companies. This has often resulted in inefficiency, corruption, dwindling quality, increasing costs and subsequent household debt, further marginalising poorer people and undermining the social value of basic needs like housing and water. We need a radical change in direction.   There was a glimmer of hope when people seemed to recognise the crucial centrality of public services to the functioning of society. As French president Emmanuel Macron put it on 12 March, the pandemic had revealed that there are goods and services that must be placed outside the laws of the market.   Take water, a commodity all the more vital as washing your hands is one of the best ways to protect yourself from the virus. About 4 billion people worldwide experience severe water scarcity during at least one month of the year.   In the Chilean Petorca province, for example, one avocado tree uses more water than the daily quota allocated to each resident. Despite increasing daily water allocation to residents, the ministry of health revoked this decision just eight days later – an indication of how authorities continue to put the interests of private companies above the rights of their people.   And what about the long-awaited vaccine? Recognising that we cannot rely on market forces, more than 140 world leaders and experts have called on governments and international institutions to guarantee that Covid-19 tests, treatments and vaccines are made available to all, without charge. But the reality is that pharmaceutical companies around the world are competing to sell the first vaccine.   The global mantra to practise physical distancing to avoid spreading the coronavirus is meaningless for the 1.6 billion people living in grossly inadequate housing, let alone the 2% of the world’s population who are homeless. Yet most governments seem unwilling to step back into the housing arena to regulate the financial organisations that have helped create these conditions.   The financialisation of housing by these actors has for years resulted in higher rents, evicting low-income tenants, failing to properly maintain housing in good repair and hoarding empty units in order to increase their profits.   By continuing to opt for contracting out public goods and services, governments are paying lip service to their human rights obligations. Rights holders are transformed into the clients of private companies dedicated to profit maximisation and accountable not to the public but to shareholders.   This affects the core of our democracies, contributes to exploding inequalities and generates unsustainable social segregation.   We are six UN independent experts from many different backgrounds, current and former special rapporteurs on a range of economic, social and cultural rights. It is in this capacity that, together, we want to share this message: if human rights are to be taken seriously, the old construct of states taking a back seat to private companies must be abandoned.   New alternatives are necessary. It is time to say it loud and clear: the commodification of health, education, housing, water, sanitation and other rights-related resources and services prices out the poor and may result in violations of human rights.   States can no longer cede control as they have done. They are not absolved of their human rights obligations by delegating core goods and services to private companies and the market on terms that they know will effectively undermine the rights and livelihoods of many people.   It is equally crucial that multilateral organisations, such as the World Bank and the International Monetary Fund, stop imposing financialised models and the privatisation of public services on countries.   This is also a pivotal moment for the human rights community. We call on all those committed to human rights to address the consequences of privatisation head on. Human rights can help articulate the public goods and services we want – participatory, transparent, sustainable, accountable, non-discriminatory and serving the common good.   We are in a state of emergency. This is probably the first of a series of larger crises awaiting us, driven by the growing climate emergency. The Covid-19 crisis is expected to push another 176 million people into poverty. Each of them may see their human rights violated unless there is a drastic change of model and investment in quality public services.   * Juan Pablo Bohoslavsky is the former UN independent expert on foreign debt and human rights; Koumbou Boly Barry is UN special rapporteur on the right to education; Olivier De Schutter is UN special rapporteur on extreme poverty and human rights; and former UN special rapporteur on the right to food; Leilani Farha is the former UN special rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; Leo Heller is UN special rapporteur on the human rights to safe drinking water and sanitation; Magdalena Sepulveda Carmona is the former UN special rapporteur on extreme poverty and human rights. http://bit.ly/3mGu8iR   http://www.gi-escr.org/publications/states-human-rights-obligations-regarding-public-services-the-united-nations-normative-framework http://www.gi-escr.org/latest-news/gi-escr-and-the-center-for-economic-and-social-rights-publish-new-briefing-paper-on-public-services http://www.cesr.org/envisioning-rights-based-economy-new-report-cesr-and-christian-aid Visit the related web page
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