UN CONVENTION RECOGNISES RIGHT OF PEOPLE WITH A DISABILITY TO EDUCATION – BUT GOVT CONTINUES TO WIELD AXE
Ireland must live up to the UN Convention on the Rights of Persons with Disabilities and recognize the right of people with a disability to an education. Since October 2008 education rights for people with a disability have been seriously rolled back: the much lauded legislation for people with special education needs has been deferred indefinitely (EPSEN Act); education supports such as special needs assistants have been reduced or cut; over 500 children are without special classes in mainstream schools since February 2009; and classes in mainstream schools have grown...READ MORE
NEW LEGISLATION NEEDED TO STOP CONFUSION OVER WHO CAN MAKE MEDICAL DECISIONS – INCLUSION IRELAND
Ireland’s lack of modern legislation to decide who can make decisions has repercussion in many areas, including healthcare, says Inclusion Ireland. At present, medical or surgical procedures cannot be carried out without the informed consent of a patient over 16 years of age. However, the law is not clear on what constitutes informed consent, or what happens if the person is not capable of giving their consent. There is widespread confusion over what happens when the person with a disability or their family members disagree with a doctor, or each other, over what is the best form of treatment...READ MORE
UN CONVENTION SAYS PEOPLE WITH A DISABILITY HAVE EQUAL RIGHT TO MANAGE THEIR MONEY – INCLUSION IRELAND
Legislation is needed to provide guidelines to financial institutions on the right of people with a disability to open bank accounts, take out loans and manage their own money. Inclusion Ireland is aware of cases where people with a disability have been refused bank accounts because of their disability. New legislation should ensure there are guidelines and definitions for ‘testing’ capacity. Current capacity legislation dates back to the Lunacy Act of 1871 and contains no guidelines for financial institutions or definition of capacity...READ MORE
PEOPLE WITH AN INTELLECTUAL DISABILITY WILL CONTINUE TO HAVE PROBLEMS VOTING UNTIL NEW LEGISLATION IS INTRODUCED – INCLUSION IRELAND
People with an intellectual disability who are over 18 and on the Electoral Register can be refused the opportunity to vote if the presiding officer decides they do not have the capacity to vote. It is the decision of the presiding officer to decide if the person has the capacity to vote. Ireland does not have any legislation that gives a definition of what capacity is and how it can be judged so it is down to individuals to decide. Inclusion Ireland is aware of people being refused access to vote, with no recourse to object to this, given that voting takes place over one day...READ MORE
RIGHT OF PEOPLE WITH AN INTELLECTUAL DISABILITY TO HAVE RELATIONSHIPS RESPECTED UNDER LAW IN DOUBT – INCLUSION IRELAND
Inclusion Ireland calls for new capacity legislation as current law risks criminalising consensual relationships between two people with intellectual disabilities. While it is vitally important to ensure people with an intellectual disability are safeguarded under law against abuse and exploitation, it is imperative that people’s right to have relationships is legally respected...READ MORE
ACCESS TO JUSTICE FOR PEOPLE WITH A DISABILITY HAMPERED BY ANTIQUATED LAW – INCLUSION IRELAND
Legislation dating back to 1871 is seriously hampering the right of people with an intellectual disability to access justice through the courts, says Inclusion Ireland. Inclusion Ireland is aware of cases where people with a disability have been denied access to justice because of their disability. For example Laura’s case (see below), where she was allegedly sexually assaulted and the DPP brought forward a prosecution, but the judge deemed that she hadn’t the ‘capacity’ to testify in court...READ MORE
Return to Main Campaign Page
