DPA New Zealand

DPA Bites April/May 2007

INTERNATIONAL NEWS

DPA present at landmark convention signing

New Zealand was well represented at the first signature session of the International Convention on the Rights of Persons with Disabilities at the United Nations' New York headquarters in late March. It was adopted in December 2006 and is the first human rights treaty of the 21st century.

DPA CEO Gary Williams was there as the Hon Ruth Dyson signed on behalf of New Zealand, one of 81 countries to do so on the first day. She has pledged to work with disabled people's organisations as NZ prepares to ratify and implement the convention.

This continues the unique practice of involving the people affected in the drafting of such conventions. 'Until now, what went into a Convention was decided by governments,' explained DPA researcher Wendi Wicks. 'But in this convention, disabled people's organisations and governments worked out the wording together.

'This is a first. We were active partners in the process from its beginning. People will remember this convention as beginning a new way of working,' she said.

The New Zealand Government and its delegation provided leadership throughout the drafting of the Convention. New Zealand's UN Ambassador Don MacKay was widely praised for his work in chairing the ad-hoc committee which drew the final draft together.

The work is far from over. The next step is ratification, which countries do after they have enacted laws and other measures to improve disability rights. (The recent repeal of the Disabled Persons Employment Promotion Act is in line with this process.) Countries are also obliged to combat negative stereotypes and promote an awareness of people's abilities and contribution to society.

MORAL RIGHTS

DPA believes the life of a person with a disability has equal value to, and shall be accorded the same rights, dignity and respect as that of a person without a disability.

Treatment is 'anatomical terrorism'

The so-called Ashley Treatment, where children are surgically and chemically prevented from maturing into adults, is anatomical terrorism, DPA CEO Gary Williams said in a media statement earlier this year. He was reacting to reports that the parents of a six-year-old disabled girl have had their daughter's uterus and breast buds removed in a range of measures to stop her from maturing into an adult.

'As I understand it, healthy organs have been removed from a human being - this can't be nothing more than anatomical terrorism. Once again a disabled person has had their physical integrity violated because they are disabled.

'Article17 of the newly adopted UN International Convention of the Rights of People with Disabilities says every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others. We must ensure that disabled kids are especially protected by this law.

'My other concern is the implication this treatment has for current and future generations of disabled kids. For example, will this treatment be the "other" choice offered to parents when they do not choose termination?' Gary said.

'Rather than offering parents options which perpetuate negative attitudes, they need early and ongoing support so that they can have positive and rewarding parenting experiences to nurture their children into adulthood.'

SOCIAL JUSTICE

DPA believes that people with disabilities have a basic human right to participate in all aspects of the New Zealand community. This includes equal rights to education, employment, recreation, rehabilitation, health and accommodation services and the right to a meaningful and adequate income.

It's only taken 50 years…

'The repeal of the mis-named Disabled Persons Employment Promotion Act means fifty years of legalized discrimination against disabled people is finally ended,' DPA President Mike Gourley said as the repeal Bill passed its third and final reading.

'Until now, basic rights such as minimum wages and holidays were denied to those who were in sheltered workshops,' he said. 'Any money paid to workers or time off was at the discretion of workshop bosses. The assumption was that disabled people's work was inherently worth less."

Thankfully that day has finally passed. We have been working towards one employment law for all. We are thrilled to have achieved it.'

Disability Issues Minister Ruth Dyson said the passing of the Bill brought our legislation into line with existing New Zealand and international human rights law.

'People working in sheltered workshops - about one third of those who attend sheltered workshops - will now be entitled to the conditions every other New Zealand worker enjoys,' she said.

However, workers who are significantly and demonstrably limited in their work can still be issued with a minimum wage exemption permit. Permits reflect the individual contribution and skills of the worker, rather than their workplace being issued with a blanket exemption for all employees.

'Mean-spirited' legislation

The Social Security Amendment Bill, which insists that all people receiving a welfare benefit (including those on sickness and invalid benefits) undergo work testing, work planning and activity requirements, has had a negative and disappointed response from DPA.

'It is mean-spirited, based on a jaundiced view of human nature and will have inimical consequences for all beneficiaries, particularly disabled people,' DPA policy researcher Wendi Wicks told the Parliamentary select committee hearing submissions on the Bill.

'DPA finds it quite unacceptable that disabled people on benefits are treated like workshy scroungers with a requirement to complete Personal Development and Employment plans for what appears to be most situations of impairment.

'This section is not consistent with the relatively beneficent provisions of the single core benefit, which appeared closer to a social model of disability.'

Wendi expressed doubts that the Ministry of Social Development could provide disability employment expertise that is consistent nationwide, so that they will be able to require useful activities and undertake useful planning.

'The main barriers to disabled people finding work are, as all the evidence confirms, externally imposed,' she said. 'It is therefore outrageous to enable sanctions so that an invalid or sickness beneficiary can have their benefit cut by up to 50 percent if they do not comply with the work planning activities. '

News from the National Executive Committee

DPA's role in monitoring the UN Convention on the Rights of People with Disabilities was a major topic for discussion at the recent NEC meeting. Options included a partnership with Government or a separate monitoring system similar to that used for the Convention on Elimination of Discrimination Against Women. DPA should also be meeting with the Human Rights Commission and the Office for Disability Issues.

Also discussed were DPA's relationships with the Health and Disability Commission and issues relating to the financial status of members. NEC reviewed the 2006 Operational Plan and developed the Plan for 2007.

DPA Review - next steps

The NEC discussed Pat Hanley's report on the DPA review and the comments made by DPA members at the AGM in Auckland. Pat's recommendations for DPA's future focus were:

The NEC agreed that the way forward would be: