Hasan bermek office of the council of europe commissioner for human rights www commissioner coe int
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Hasan Bermek Office of the Council of Europe Commissioner for Human Rights www.commissioner.coe.int. Overview: Council of Europe Commissioner for Human Rights. Independent, impartial, non-judicial institution established in 1999

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Hasan Bermek Office of the Council of Europe Commissioner for Human Rights

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Hasan Bermek

Office of the Council of Europe

Commissioner for Human Rights

www.commissioner.coe.int


Overview: Council of Europe Commissioner for Human Rights

  • Independent, impartial, non-judicial institution established in 1999

  • Promotes awareness of and respect for human rights in the 47 member states

  • Elected for a non-renewable term of 6 years (Nils Muižnieks since April 2012)


Overview


Commissioner’s recent work on disability

  • Human Rights comment on the right to vote

  • Issue Paper on Legal Capacity

  • Issue paper on Community Living


The right to be included in the community: why is it important?

  • affects the enjoyment of all other rights

  • taken for granted by the majority, often denied to persons with disabilities

  • Segregation and isolated settings increase the risk of stigmatisation, exploitation, violence and abuse

  • Still a long way to go for all member states


The core of the right

  • Neutralising the isolation and loss of control over one’s life, because of one’s support needs in an inaccessible society

  • Violated when:

    • support is only available outside the community (or altogether withheld);

    • the burden is put on the person to ‘fit in’, when services and structures are not designed for diversity.


Relevant human rights standards

  • Article 19 of the CRPD

  • European Convention on Human Rights (and the case-law of the Strasbourg court)

    • Stanev v. Bulgaria

  • Other Council of Europe standards


Commissioner’s Recommendations to member states(1/3)

  • Review legislation in the light of Article 19;

  • Implement the right to legal capacity, if necessary through supported decision-making;

  • No new admissions into institutional settings;

  • Develop a transition plan for phasing out institutions;

  • Reallocate resources towards community-based supports;


Commissioner’s Recommendations to member states(2/3)

  • Recognise that smaller settings (e.g. congregate care) can also be problematic;

  • Develop a plan for services to promote inclusion;

  • Ensure that children are able to live a full life within family and community;

  • In providing services, maximise individual choice (avoid bundled services).


Commissioner’s Recommendations to member states(3/3)

  • Enable purchasing of own support and housing;

  • Review inclusiveness of general services;

  • Ensure monitoring of institutions (until they disappear) and of the quality of community support services;

  • Full involvement of persons with disabilities throughout the process.


Other examples of the Commissioner’s work

  • Right to vote for persons with disabilities:

    http://www.youtube.com/watch?v=FJw-0lCVNCk


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