Tories scrapping pesky Human Rights if they win election

They’re banking on YOU not voting to help them win the election

http://www.theguardian.com/law/2013/sep/30/conservitives-scrap-human-rights-act

The articles thought to have been breached by the Tories are as follows:

* The right to independent living –
(UNCRPD Article 19)

* The right to work –
(ICESCR Article 6 and UNCRPD Article 27)

* The right to fair and just conditions of employment –
(ICESCR Article 7 and UNCRPD Article 27)

* The right to social security –
(ICESCR Article 9)

* The right to social protection –
(UNCRPD Article 28)

* The right to an adequate standard of living –
(ICESCR Article 11 and UNCRPD Article 28)

Here is a collection of evidence but the UN will be gathering even more:

There are three versions of a report are available on the Just Fair website:

The full report;
Easy read report;
A summary report;

Evidence – Just Fair. Online Survey of Disabled People and allies. Excel Version.

Evidence – Just Fair. Online survey of disabled people and their allies. Part 1 (DOCX)

Evidence – Just Fair. Online survey of disabled people and their allies. Part 2. (DOCX)

Evidence – Just Fair. Emailed case-studies from disabled people and their allies. (DOCX)

Evidence for UN which can be verified via the families contactable via the original reports

The full report rigorously examines the available evidence in the light of the obligations contained within ICESCR and UNCRPD, and also draws on the experience of disabled people. Key quotes from the report include the following:

The right to independent living

“There is prima facie evidence that [the local housing allowance and the size criteria in social housing] are retrogressive,
threatening disabled people’s occupation of accessible and affordable housing to enable them to live independently, exercising  their right to choose where they live on an equal basis with others.”

“…. when evaluating the Government’s final decision to proceed with the closure of the [Independent Living Fund]… any change  in support that threatens fund users’ enjoyment of the right to independent living would constitute impermissible
retrogression in relation to UNCRPD Article 19.”

“Given the critical role of social care services in facilitating independent living, we recommend that the Government ensures
sufficient investment is directed towards ensuring that disabled people receive the support they need to exercise their right
to independent living.”

“Despite the complexity and limitations of cumulative impact assessments, the evidence does appear to show that the JCHR’s
concerns about the cumulative impact of a number of reforms and policy changes on independent living have been realised. If
disabled people are hit by two, three, four or even more separate changes to benefits, social care and other services, they
lose much of the support they need to live independently in the community in terms of UNCRPD Article 19.”

“…. the importance of fulfilling disabled people’s right to independent living is such that serious consideration should be
given to incorporating UNCRPD Article 19 (and related international human rights protections) into UK domestic law. This could be done so as to provide an overarching statutory duty on all areas of Government to take account of the need to respect, protect and fulfil disabled people’s right to independent living, and a duty to avoid retrogression, in all relevant
policymaking.”

The rights to work, to social security and to an adequate standard of living

“… there continue to be significant barriers to disabled people’s access to the labour market, compromising their enjoyment of
the right to work and the right to fair and just conditions of employment.”

“The key concern in relation to employment and support allowance, and the operation of the work capability assessment, is that the structure of the benefit and the frequency of inaccurate assessments leaves many people with long term health conditions in a no-man’s land – neither eligible for out of work benefits nor able to undertake paid work. This failure to provide income replacement benefits to disabled people and people with long term health conditions when they are unable to work constitutes a failure to respect, protect and fulfil disabled people’s right to social security … and, for many disabled people, their right to an adequate standard of living….”

“[Disabled people] are disproportionately affected by the reduced availability of advice services, which has an impact on
their enjoyment of their… right to social security and, for many, an adequate standard of living.”

“There are a number of factors that increase the risk of disabled people becoming destitute, which reflect a failure to comply
with the minimum core obligations under ICESCR and UNCRPD and to guarantee their rights to social security, social protection and an adequate standard of living…. appropriate recommendations include refocusing the ethos and performance management of DWP and JobCentre Plus so that their primary responsibility is to ensure claimants are able to support themselves and their families – by being supported to enjoy their rights to work, to social security and to an adequate standard of living…”

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