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

Hasan Bermek

Office of the Council of Europe

Commissioner for Human Rights

www.commissioner.coe.int


Overview council of europe commissioner for human rights

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

Overview


Commissioner s recent work on disability

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

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

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

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

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

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

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

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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