DDPO Legal Network
3 November 2016
#ddpolegalnetwork
Human Rights Act
•
Is the law which brings the European Convention
on Human Rights into UK law. It says that:


Judges should read and give effect to other
laws in a way which is compatible with the
Convention rights;
All public bodies should act in a way that respects the Convention
Rights.
•
The Convention rights are the rights guaranteed in the European
Convention on Human Rights.
•
Unlike UN Convention on the Rights of Disabled People the HRA
directly applies to public bodies in the UK.
#ddpolegalnetwork
Human Rights Act
Challenge
•
Through a judicial review if it is a decision made by public body
•
By using a human rights argument in other proceedings, tribunals for
example
•
By using the HRA (Human Rights Act) in actions brought against you
#ddpolegalnetwork
Challenges for DDPOs in
using the Human Rights Act
• Lack of knowledge, confusion about what the Human Rights
Act (HRA) is and how it relates to Deaf and Disabled people
• Human Rights law is not accessible. It is very general and you
need to know and keep up to date with cases brought to courts
• Reluctance to use the HRA argument, as it may put people off
• Not aware of HRA cases in social care context
• Independent living is seen as a social care, not a rights issue;
community care legislation is not framed within a rights
approach
#ddpolegalnetwork
Difficulties in starting a legal challenge
Hard to access legal advice and start a legal challenge:
– Legal Aid changes – very few places that give
initial legal advice
– Those who don’t qualify for Legal Aid often
cannot afford it
– Strict time limits
– Very few lawyers who specialise in both social
care and human rights and can present
independent living as a human rights issue
#ddpolegalnetwork
Are courts ready to uphold the
right to independent living?
• Courts struggle to deal with the substance of the
issue: and prefer to focus on flaws in the process
• Too much focus on resource implications of decisions
• Civil and Political rights are placed within economic
and social context when it comes to Disabled people
• Courts accept lower standards for Disabled people
We have been excluded from society for so long and there is still a
general view, shared in many cases by judges that it is OK to treat
us differently, that we should expect trade offs for our rights.
#ddpolegalnetwork
Why bother
The United Nations Convention on the Rights of People
with Disabilities (UNCRPD) recognises our right to
independent living
Human rights can evolve and we can define what they
mean for Disabled people
Rights perspective is empowering and puts us in a very
different position to users of a service
Human rights are not always about litigation, they are
about an approach
#ddpolegalnetwork
How DDPOs use the HRA
Independent living is our right and we can use the HRA
to secure it:
– Talking about the impact on human rights in
campaigning and using a human rights approach
to identify the changes that are needed
– Using a HRA approach to empower disabled
people
– Advocacy work: citing in complaints to LA and
ombudsman
#ddpolegalnetwork
Independent living is our right as recognised in
the United Nations Convention on the Rights of
Persons with Disabilities.
We need to make sure it is recognised as such
within the European and national human rights
law.
#ddpolegalnetwork
Group work: please discuss
• Situations when you think Disabled people are
treated without respect for their dignity
• Situations when Disabled people are limited in choices
about their living arrangements or the things they can do
• Situations when the views of Disabled people are not taken
into account when decisions are made about their support
or other aspects of their life
• Other situations where Disabled people are treated like
second class citizens
And how the HRA could be used to challenge those
#ddpolegalnetwork
Thank you
Please fill in your evaluation form!
Next DDPO Legal Network meeting:
February 2017
#ddpolegalnetwork