Memorandum submitted by RNIB
RNIB welcomes the fact that the Joint Committee
has raised a number of issues relevant to ratification with the
Government. The UN Convention on the Rights of Persons with Disabilities
represents a historic point in the battle for disabled peoples'
rights, and a potentially huge opportunity to increase the enjoyment
of those rights both in the UK and worldwide.
This brief submission cannot cover all the areas
of the Convention that are important to blind and partially sighted
people. We limit ourselves therefore to issues that the Committee
is focusing on specifically.
TIMETABLE FOR
RATIFICATION
RNIB believes that the UK Government must ratify
this Convention by end of 2008, as promised. We believe that the
Government must not make its ratification contingent upon the
UK's ability to immediately meet all the requirements of the Convention.
Even as the Convention was being negotiated, it was accepted that
the realisation of the rights in its articles would inevitably
have to be progressive. Ratification without further delay will
send a signal that the UK means business with regards to disabled
peoples' rights.
PROPOSALS FOR
RESERVATIONS AND
INTERPRETATIVE DECLARATIONS
We believe that these should be avoided wherever
possible. RNIB believes strongly that they should not be used
to undermine the fundamental human rights the Convention identifies.
RNIB understands however that in a small number
of areas the Government might wish to clarify its interpretation
of the Convention. In the field of education, we recognise that
a reservation may be necessary to permit the continuation of special
school provision for the most severely disabled people in a limited
number of cases. This is in accord with Article 24.3 (C), but
a reservation but may be desirable for the avoidance of doubt.
Likewise there might be some need to interpret
Article 27 on Work and Employment to ensure that some level of
supported employment, for example Remploy and workshops for blind
people, is allowed to continue where disabled people wish this
to happen.
RATIFICATION OF
THE UN CONVENTION
BY THE
EUROPEAN COMMUNITY
RNIB is pleased to note that the European Commission
has adopted the proposal for "a Council decision to conclude,
on behalf of the European Community, the UN Convention on the
Rights of Persons with Disabilities".
We urge the UK Government to support this process
with the aim of ensuring the strongest possible implementation
for disabled people.
COMPATIBILITY OF
EXISTING UK LAWS
AND PRACTICES
WITH THE
UN CONVENTION
Due to EU Internal Market rules, the Disability
Discrimination Act does not prevent manufacturers from making
goods that are inaccessible to blind people. This is particularly
problematic for items with on-screen digital displays such as
televisions, washing machines and even, increasingly, digital
radios. Meeting the UN Convention requirements in article 9 regarding
access to ICT would help to remove this problem, but will no doubt
require changes of law at EU level.
The EU Commission is considering the possibility
of proposing regulation on "eaccessibility" in 2009.
RNIB looks to the UK Government to support such a proposal so
as to close this loophole in the area of ICT across the EU and
better meet the goals of Article 9 of the UN Convention.
There are too many other areas of life in the
UK where practiceeven if not the lawprevents blind
and partially sighted people from fully enjoying the rights to
which they are entitled under the UN Convention. Inaccessible
information from the NHS, Councils, and from suppliers of goods
and services, inaccessible transport and inadequate provision
of social care are but a few such areas.
RNIB understands that the Government is analysing
the UK's compatibility with the UN Convention requirements. We
expect that this exercise will identify a list of areas where
more needs to be done for blind and partially sighted people,
as well as many others. We look forward to working with the Government
to help implement the changes needed to meet these shortcomings.
RATIFICATION OF
THE OPTIONAL
PROTOCOL AND
THE RIGHT
TO INDIVIDUAL
PETITION
We believe that the Government should ratify
the Optional Protocol. This would demonstrate the seriousness
of the UK government's commitment towards the UN Convention. It
should be remembered that the Government took a lead role in the
Convention negotiations. The Government says it does not normally
sign optional protocols, but made an exception to this policy
for the Convention on the Elimination of Discrimination against
Women (CEDAW), so as to "test" whether it was useful
to sign such protocols. However, the Optional Protocol of CEDAW
has not been tested thoroughly enough to draw any conclusions,
(only two cases have arisen from the UK under this protocol).
This "test" should therefore be deemed irrelevant to
the Government's deliberations about signing and ratifying the
Optional Protocol.
ABOUT RNIB
RNIB is a membership organisation with over
10,000 members who are blind, partially sighted or the friends
and family of people with sight loss. Eighty per cent of our Trustees
and Assembly Members are blind or partially sighted. We encourage
members to be involved in our work and regularly consult with
them on Government policy and their ideas for change.
As a campaigning organisation of blind and partially
sighted people, we fight for the rights of people with sight loss
of all ages in each of the UK's countries. We work to:
improve access to treatment for sight
threatening conditions and raise awareness of eye health;
improve provision within health and
social care services;
increase the amount and range of
accessible information;
promote equal access to learning
throughout the life course;
tackle discrimination in employment
and get more blind and partially sighted people into work; and
ensure a secure income for blind
and partially sighted people unable to work or who have retired.
We also provide expert knowledge to business
and the public sector through consultancy on improving the accessibility
of the built environment, technology, products and services.
30 October 2008
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