United Nations Convention on the Rights of Persons with Disabilities

Marion Fellows Excerpts

Thursday 24th February 2022 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

I beg to move,

That this House has considered the United Nations Convention on the Rights of Persons with Disabilities.

It is a pleasure to serve under your chairmanship, Mr Stringer. I thank the Backbench Business Committee for the opportunity to raise these matters. Around the world, 1 billion people live with a disability. According to World Vision 20% of the world’s poorest live with a disability, and according to the UN around 80% of disabled people live in developing countries. Here in the UK, nearly half of disabled people—49%—live in poverty, according to the Joseph Rowntree Foundation. In spite of that, disabled people’s rights at home and abroad have been consistently ignored and deprioritised by the UK Government.

The UN convention on the rights of persons with disabilities, or the UNCRPD, was adopted by the UN General Assembly in December 2006 and ratified in the UK in 2009. It introduced obligations to

“ensure and promote the full realisation of all human rights and fundamental freedoms”

for all disabled people, including taking into account

“the protection and promotion of the human rights of persons with disabilities”

when making and assessing policy. Following a parliamentary inquiry on disability and development in 2014, the UK committed to become a global leader on this neglected and under-prioritised area in its bilateral development review. However, eight years and a global pandemic later, we have seen glacial progress in the policy area of disability rights in the UK.

Last week, the second global disability summit was hosted by the International Disability Alliance, the Government of Norway and the Government of Ghana. The aim of the summit was to mobilise efforts for the implementation of the United Nations convention on the rights of persons with disabilities, the principles of “leave no one behind” and building back better, and more inclusive programming with regards to covid-19. Although I was glad to see the UK Government making 18 commitments at last week’s summit, they will not meet the real needs of disabled people or allow us to do our duty as global citizens to protect the human rights of disabled people at home and abroad. Sadly, this was a missed opportunity once again, and the UK Government’s commitment fell way short of what is needed. Ahead of last week’s summit, the Scottish National party called on the UK Government to enshrine the UNCRPD in law. That was another missed opportunity to protect disabled people’s rights at home and abroad and to advance the rights of everyone.

The UN committee overseeing the UNCRPD not only called on the UK to incorporate the convention into legislation and allow domestic remedies for breaches in 2017, but has investigated the UK over “grave and systematic violations” of the convention in 2016. Although the UK Government recently published their progress in response to the recommendations late last year, the socioeconomic landscape for disabled people has changed beyond recognition since 2016, when the recommendations were made. Examples include coercion of disabled people or their carers to sign “do not resuscitate” orders, and failure to include disabled people in Government plans for financial and social support during the pandemic. Thus, disabled people’s rights remain a great cause for concern.

The Oxford University disability law and policy project and the Bonavero Institute of Human Rights report, “An Affront to Dignity, Inclusion and Equality”, published on 2 July 2020, referred to a

“failure of the government to implement properly its legal duties with respect to the rights of people with disabilities.”

The report stated:

“The government’s policymaking in response to the pandemic has failed to fulfil its own Public Sector Equality Duty under the Equality Act 2010 with respect to disabled people and its obligations under the United Nations Convention”.

Despite the progress that the UK Government claim to have made, disability organisations have expressed concerns to me and others that disabled people’s rights as set out in the convention are not being protected by the Government. One carer working with the Disabled Children’s Partnership shared her story:

“My name is Sarah, and I live in Devon with my daughter, who has an acquired brain injury...There is horrendous resentment towards disabled people in our society, and carers are massively undervalued. As one of the richest countries in the world with an apparent commitment to human rights, you would have thought the UK could respect disabled children and their families—but we are treated horrifically. We need to change attitudes, change services, and fight the injustices that affect disabled children and families”.

Another carer, Joanna, told me:

“The system is broken....It doesn’t get us the services we have a right to to live a good quality of life, and makes us spend a fortune. It needs reform”.

The national disability strategy, published last summer, committed to being “mindful” of the UNCRPD in its implementation—but being mindful of disabled people’s rights is just not enough. In Scotland, as part of taking forward the 30 progressive, bold and ambitious recommendations of the national taskforce for human rights leadership for a new human rights framework for Scotland, a new human rights Bill will be introduced to the Scottish Parliament during this parliamentary Session. The Bill will incorporate four international human rights treaties, including the convention on the rights of persons with disabilities. It will be a significant and historical milestone in the Scottish human rights journey. It will give effect to a wide range of internationally recognised human rights—belonging to everyone in Scotland—as far as possible within devolved competence, and it will strengthen domestic legal protections by making them enforceable in Scots law. It will also demonstrate global human rights leadership, placing Scotland at the forefront of human rights legislation and, most importantly, practice. The inclusion of those rights will empower people, enabling them to claim and enforce their rights in multiple ways domestically, including in a Scottish court. Incorporation of the CRPD will give greater impetus to public bodies to remove barriers and support disabled people to participate fully in society, such as by being able to access information and services and living independently with dignity.

The Scottish Government have created a comprehensive delivery plan to help Scotland meet the requirements of the UN convention on the rights of persons with disabilities. “A Fairer Scotland for Disabled People” was the Scottish Government’s delivery plan for that. It covered 2016 to 2021 and aimed to make equality of opportunity, access to services and independent living a reality for all disabled people in Scotland. Flowery phrases are all well and good, but setting challenging targets is the correct way to push forward on the rights of disabled people. That sometimes leads to not achieving all targets, but overall it leads to improvements in the lives of disabled people. The Scottish Government have committed to publishing a new disability equality plan, which will be published this year. Will the Minister follow the Scottish Government’s lead, commit to enshrining the UNCRPD in law and champion disability rights at home and on the global stage?

The UK Government have exhibited a continual pattern of deprioritising disability inclusion in their policy and decision-making processes. One of the key recommendations following the 2017 investigation by the UN committee into the UK’s implementation of the convention was to involve disabled people and disabled people’s organisations in planning and implementing all laws and policies affecting disabled people. The UK Government said that because the convention was ratified, all UK Government Departments “need” to consider it when developing policies that affect disabled people. However, UKIM, the UK independent mechanism for monitoring progress on the UNCRPD report, said in October 2018 that it

“remains seriously concerned about the continued failure of the UK Government to conduct an assessment of the cumulative impact on disabled people of multiple policy and law reforms in relation to living standards and social security.”

That was exemplified by the national disability strategy published in summer last year, which beyond being, frankly, a lot of bluff and bluster with no meaningful action, failed to consult disabled people in an adequate manner. Disabled people need more than warm words and a surface-level appearance of engagement with the disabled community. Will the Minister commit to properly engaging with disabled people and disabled people’s organisations in planning and implementing all laws and policies that affect disabled people at home and abroad?

Just last month, the High Court ruled that the UK Government’s attempt to involve disabled people and disabled people’s organisations in the consultation that shaped the strategy was both unlawful and inadequate. The chief executive officer of Disability Rights UK, speaking about the strategy, said that it was

“disappointingly thin on immediate actions, medium-term plans and the details of longer term investment”

and that there were

“scant plans and timescales on how to bring about vastly needed improvements to benefits, housing, social care, jobs, education, transport, and equitable access to wider society.”

Some of those issues are devolved, but I am not just talking about people in Scotland: I want people across the UK, especially those with disabilities, to have what is their right. I refer to what I said earlier about challenging targets and how the Scottish Government try to improve the lives of disabled people. On 3 February 2022, the Department for Work and Pensions was refused an opportunity to appeal against the High Court’s ruling. Notwithstanding what you have already said, Mr Stringer, will the Minister confirm whether the Department intends to apply for permission to appeal that decision to the Court of Appeal?

The organisation Sightsavers has raised concerns about the vagueness of the commitments made at the global disability summit last week and about a continual lack of transparency on the implementation of disability inclusion policy by the Foreign, Commonwealth and Development Office. For example, it has expressed concern about the UK Government’s commitments to move from equality awareness to equality transformation, which encourages collaborative work to empower women and girls, people with disabilities, and other socially marginalised people. The commitments made at that summit risk being little more than aspirational language with no measurable objectives and few or no financial commitments or plans to report results. While the Scottish Government welcome the UK Government’s commitment to fund the Global Action on Disability network, the FCDO has not made any other financial pledges in its commitments. Without tangible reporting on the results, they hold very little weight in upholding the UNCRPD and protecting disability rights on the global stage, so will the Minister join me in asking the FCDO to make the monitoring framework and action plan that will accompany the disability, inclusion and rights strategy available publicly?

Globally, disabled people are disproportionately impacted by poverty, natural disasters, healthcare barriers and covid-19, but they are still excluded from many aid programmes, which do not take disabled people’s needs into account. Unfortunately, we do not compare completely favourably in a global context, as here in the UK, poverty is consistently higher for disabled people. According to the Joseph Rowntree Foundation, there is a gap of around 12 percentage points in poverty rates between disabled and non-disabled people.

The UN special rapporteur on extreme poverty and human rights, Professor Philip Alston, highlighted in a 2018 statement concerns about changes to legal aid since 2012, which he said had

“overwhelmingly affected the poor and people with disabilities”,

meaning that they were

“effectively deprived of their human right to a remedy.”

In November 2020, the UK Government announced that they intended to spend 0.5% of gross national income on official development assistance in 2021, down from 0.7% in the seven years from 2013. An unpublished impact assessment of the reductions, written in March 2021, reportedly concluded that this would result in a significant reduction in the number and size of programmes targeted at women, girls and disabled people.

World Vision found that less than 0.5% of all international aid targets disability inclusion. Aid was equivalent to less than $1 per person with disabilities in developing economies. The five most disability inclusion-focused donors target just 3% of their aid to this purpose. The SNP was front and centre of the attacks on the Government’s shameful decision to cut aid by over £4 billion this year and by £2.2 billion last year. The unpublished impact assessment I referred to found that this would result in a significant reduction in the number and size of programmes targeted at disabled people. Only six of the 1,161 aid programmes funded by the UK Government had disability inclusion as their primary objective in 2018.

The new disability inclusion strategy launched by the FCDO last week said that it will work to

“accelerate implementation of the UNCRPD”

globally by supporting Governments to fulfil their responsibilities under the convention through legislation and development and through improving local accountability mechanisms.

[Marsha De Cordova (Battersea) (Lab)]

I congratulate the hon. Member for obtaining this debate; she is making an excellent opening speech. Would she agree that the UK Government must lead by example by implementing the convention here in the UK before they can preach to anybody on the world stage?

[Marion Fellows]

I totally agree with the hon. Member. That is one of the reasons I wanted this debate. I want the Government to commit. The FCDO’s new disability inclusion strategy said that it will work to accelerate the implementation of the UNCRPD globally. Well, as the hon. Member said, the Government cannot preach to others about what they have not done themselves. The strategy lacks any solid financial or measurable commitments to protect disability rights on the global stage.

Will the Minister join me in asking the FCDO to commit to tripling the number of aid projects that have disability inclusion as their primary objective by 2023, prioritising grassroots disability aid projects and ensuring that disabled people are not further excluded from global aid? Further, will she join me in asking the FCDO to commit to including disability in the eligibility criteria for applying for refugee status in the UK, in recognition of the disproportionate disadvantages disabled people face globally?

The UNCRPD seeks to ensure and promote the full realisation of all human rights and fundamental freedoms for all disabled people. Being “mindful” of human rights is not enough; the incorporation of the convention into domestic law will provide the legal enforcement and protection required. It is time for the UK Government to follow the UN committee’s recommendations, match Scotland’s ambition and enshrine the UNCRPD in law, to champion disability rights on the global stage and here in the UK.

[Graham Stringer (in the Chair)]

This is a 90-minute debate and I intend to call the Front-Bench spokespeople at around 2.30 pm, so you can do the arithmetic yourself.

--- Later in debate ---

[Marion Fellows]

I congratulate the Minister on her robust defence of what I will not refer to as the indefensible, though that is there in my thoughts. She has done a grand job—she has a job, and she has done it—but unfortunately she has not convinced anybody on this side of the Chamber with her arguments.

One of my main asks was: does the Minister agree that the Government should enshrine the UNCRPD in law? If that was done, then lots of other things would follow from it. Warm thoughts and good intentions from the Government are great, and I am really pleased that the Government have them, but we really need hard law to make all these things possible. The Minister referred to the employment Bill—where is it?—and access to work, which is the subject of another debate that I will apply for. Hon. Members have reflected on the effects of austerity, too.

I will raise one other issue: the Government’s silo mentality. The Minister had a hard job, because there was discussion of FCDO and DWP—and she also managed to bring in BEIS. Again, I go back to the importance of enshrining the UNCRPD in law, because then Departments would almost be forced to work together.

Something the Minister said struck me. She said that people should be treated fairly and equally. We heard from the hon. Member for Strangford (Jim Shannon), among others, about how people applying for PIP and other DWP benefits are assessed. Could the Government please start treating disabled people with dignity, fairness and respect? That would go a long way towards making things different for disabled people, here and further afield.

Question put and agreed to.

Resolved,

That this House has considered the United Nations Convention on the Rights of Persons with Disabilities.