Paddy Connolly Sarah Lennon Inclusion Ireland 1
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1871 Lunacy Act 2003 Who Decides & How 2003 The Law & the Elderly (LRC) 2005 Vulnerable Adults & the Law 2007 Ireland sign the CRPD 2008 Mental Capacity & Guardianship Bill 2013 Assisted Decision-Making Bill 2015 Assisted Decision-Making (Capacity) Act 3
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Ratification of the UN Convention on the Rights of Persons with Disabilities 7
Autonomous Decision Making Support Review of Wards of Court 8
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Reaffirm a right to recognition everywhere as persons before the law Ensure persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life Take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity 10
Ensure all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse Ensure all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs 11
The Convention includes both national and international monitoring mechanisms. States have to designate one or more focal points within government for matters relating to implementation; States have to give due consideration to the establishment or designation of a coordination mechanism within government to facilitate actions across sectors and at different levels States have to establish or designate a framework that includes one or more independent mechanisms to promote, protect and monitor the Convention’s implementation. 12
The Irish Human Rights and Equality Commission Act 2014 provides for an equality and human rights duty on public sector organisations. Public sector bodies are now obliged, in carrying out their functions, to have regard to the need to: eliminate discrimination; promote equality of opportunity and treatment of staff and people to whom it provides services; and protect the human rights of its staff and people to whom it provides services. 13
Public sector equality and/or human rights duties require public bodies to take proactive steps to actively promote equality, protect human rights and combat discrimination having regard to all of their functions and powers. They are, therefore, aimed at going beyond simply avoiding potentially discriminatory acts against employees and service users. 14
Specifically the HSE and other public bodies are required to: Set out an assessment of the human rights and equality issues relevant to their functions and purpose in their strategic plan; Identify the policies, plans and actions in place or proposed to be put in place to address those issues; Report on developments and achievements in relation to these issues in their annual report. 15
HIQA - many services ‘not meeting basic human rights’ - ‘interventions...inhumane and degrading treatment’ - ‘institutionalised abuse’ and ‘wholly inadequate response to allegations’ 16
HSE HR Survey (2014) 70% not involved in the decisions that affect them in work 48% dissatisfied in their work Only half look forward to work 75% satisfied with support from colleagues 14% feel HSE values their work 63% would not recommend as an employer 12% express confidence in senior management 9% that change is well managed 17
HSE & recent media coverage/PAC - conflict management - head vs heart - self-reflective organisation Assisted Decision-Making to be realised and to become the ‘paradigm shift’ it has been described as – which sees persons with a disability as subjects and rights holders rather than passive recipients of care requires an environment where all stakeholders are treated as rights holders and valued 18
Article 12 described as the ‘beating heart’ of the Convention on the Rights of Persons with Disabilities Department of Justice has set out an 18 month timeframe for ratification of the CRPD which brings us up to late 2016 The Convention itself requires the Government to establish a process and structures to monitor its implementation 19
The Convention includes both national and international monitoring mechanisms. States have to designate one or more focal points within government for matters relating to implementation; States have to give due consideration to the establishment or designation of a coordination mechanism within government to facilitate actions across sectors and at different levels States have to establish or designate a framework that includes one or more independent mechanisms to promote, protect and monitor the Convention’s implementation. 20
The Irish Human Rights and Equality Commission Act 2014 provides for an equality and human rights duty on public sector organisations. Public sector bodies are now obliged, in carrying out their functions, to have regard to the need to: eliminate discrimination; promote equality of opportunity and treatment of staff and people to whom it provides services; and protect the human rights of its staff and people to whom it provides services. 21
Public sector equality and/or human rights duties require public bodies to take proactive steps to actively promote equality, protect human rights and combat discrimination having regard to all of their functions and powers. They are, therefore, aimed at going beyond simply avoiding potentially discriminatory acts against employees and service users. 22
Specifically the HSE and other public bodies are required to: Set out an assessment of the human rights and equality issues relevant to their functions and purpose in their strategic plan; Identify the policies, plans and actions in place or proposed to be put in place to address those issues; Report on developments and achievements in relation to these issues in their annual report. 23
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Schein (2004) emphasises that ‘perhaps the most intriguing aspect of culture as a concept is that it points us to phenomena that are below the surface, that are powerful in their impact but invisible and to a considerable degree unconscious’ 25
HIQA CEO in confidential report to the Dept of Health - many services ‘not meeting basic human rights’ - ‘interventions...inhumane and degrading treatment’ - ‘institutionalised abuse’ and ‘wholly inadequate response to allegations’ 26
HSE HR Survey (2014) 70% not involved in the decisions that affect them in work 48% dissatisfied in their work Only half look forward to work 75% satisfied with support from colleagues 14% feel HSE values their work 63% would not recommend as an employer 12% express confidence in senior management 9% that change is well managed 27
HSE & recent media coverage/PAC - conflict management - head vs heart - self-reflective organisation Assisted Decision-Making to be realised and to become the ‘paradigm shift’ it has been described as – which sees persons with a disability as subjects and rights holders rather than passive recipients of care requires an environment where all stakeholders are treated as rights holders and valued 28
Values are those beliefs, ideals, and principles that we hold to be important. At a personal level our values guide our attitudes and behaviours and inform the choices that we make. Values also shape and guide organisations, whether explicitly or implicitly. They inform the issues that organisations prioritise and the design and delivery of services they provide. 29
They are central to the way that organisations work on issues and make their services available. Values can equally drive change and evolution within organisations, in the services they provide, and in the manner that they are provided. Values, made explicit, can be key levers for organisational change. 30
Autonomy: with its emphasis on choice, agency, self- determination, and freedom, and with its concern for the absence of coercion. Democracy: with its emphasis on participation, voice, and empowerment, and with its concern for accountability from those in decision-making positions. Dignity: with its emphasis on respect, relationships of care and love, and human worth, and with its concern for the absence of inhumane and degrading treatment. 31
Inclusion: with its emphasis on sense of belonging, community, solidarity and the recognition of diversity and the practical implications of diversity, and with its concern for the absence of privilege and entitlement. Social Justice: with its emphasis on access to and enjoyment of wealth, income, jobs and social goods such as education, health, and accommodation and with its concern for the absence of social exclusion, poverty and deprivation. 32
HIQA HSE National Summits & Task Force Inter-Sectoral Working Group on VA Service Providers 33
More information on www.inclusionireland.ie/capacity 34
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