Monday, December 11, 2017

Law

Editorial: Human Rights Are Universal

Sarah Lennon
Human rights are universal and that means they apply to us all. Yet the language surrounding human rights and their instruments can mean that human rights are not universally understood. Many people don’t feel connected to them or that they offer solutions or opportunities for inclusion. Terms such as UNCRPD, optional protocol, progressive realisation, periodic review and enforcement mechanism don’t feel very user-friendly.

Finding Sanctuary through Performance

Len Collin directing Kieran Coppinger
I have great admiration for actors. I started my career as a thespian and know how tough and demanding it is to learn lines, remember blocking and handle props, without lapsing in concentration, losing your accent or dropping your character. ...

Safeguarding is a key element of the United Nations Convention on the Rights of People with Disabilities

The core element of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is Article 12, which provides for equal recognition before the law of all persons with disabilities and provides that State Parties shall recognise that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.

My life as a Ward of Court

Claire Hendrick speaking about her experience at Inclusion Ireland AGM 2016 My mother died and the house we had lived in all my life was sold. I have an intellectual disability and people didn’t think I was able to make my own decisions. There was no way in law for me to have support to make decisions and so I was made a Ward of Court under the Lunacy Act of 1871.....

Lessons from Malta on monitoring the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)

Article 33 of the UNCRPD and the Maltese Experience Malta ratified the United Nations Convention on the Rights of Persons with Disability (UNCRPD), and the Optional Protocol in 2012. At this stage a Focal Point Office was created within the Parliamentary Secretariat for the Rights of Persons with Disability and Active Aging...

Looking at equality and human rights within services

Inclusion Ireland is currently running a project since December 2016 funded by the Irish Human Rights and Equality Commission (IHREC) on ‘Rights Committees’ in disability services. The aim of the project is to develop good-practice guidelines for ‘Equality and Rights Committees’ to be set up in disability services across the country, and for these committees to be underpinned by the principles of equality and human rights.

Mental Health Appeal Provision Breaches Human Rights

In an important decision in May 2017, the High Court held that a man detained for 12 months under the Mental Health Act, 2001 did not have sufficient opportunity to challenge his detention. In the case of A.B. v The Clinical Director of St. Loman’s Hospital & Others , Mr Justice Donald Binchy issued a declaration that Part 2 of the Mental Health Act, 2001 ...

The Wills Project in Inclusion Ireland

Inclusion Ireland has been running a project for over two years, that assists people with additional support needs to make a will. As an organisation, we are supported by the Public Interest Law Alliance (PILA), a project under the Free Legal Advice Centres (FLAC), which links non-profit organisations who have a legal need with legal professionals, without any cost attached....

Case Study: Health Service Executive v JB (No.2) (2016) IEHC 575

The jurisdiction of the High Court to detain people if they were a danger to themselves or others was extended to vulnerable adults in 2011 with the case of Health Service Executive (HSE) v. O’B . In that case the vulnerable person in question had a long standing history of what was termed “very challenging behaviour” and “extreme violence”.

The Shadow of an Archaic System

In an Ireland that twelve months ago voted for marriage equality, there is still a category of persons for whom having a relationship is not legally clear. For people with intellectual disabilities, beside the usual challenges of meeting a significant other, there is an onerous legal shadow hanging over them in the shape of an archaic system and a more recent law that is nonetheless just as restrictive and prohibitive.