THE CHALLENGES AND BARRIERS FACING PEOPLE WITH DISABILITIES IN THE COMMONWEALTH
HOW CAN COMMONWEALTH PARLIAMENTARIANS AND NATIONAL HUMAN RIGHTS INSTITUTIONS SUPPORT AND ADVANCE THE RIGHTS OF DISABLED PEOPLE? Around 450 million disabled people live in the Commonwealth. That’s over one-fifth of the Commonwealth’s total population. Yet for such a large group of people in society, disabled people globally have faced poorer outcomes for too long, not only in terms of health but across many areas of life where services and policies have not been designed with their needs in mind. As Parliamentarians, we have a central role in advancing the rights of those 450 million people. Supporting the needs of constituents, including those from all marginalised groups, has always been at the heart of our democratic function. National Human Rights Institutions (NHRIs) share with Parliaments the responsibility for holding governments to account for their obligations to disabled people. While Parliamentarians have a public platform to influence legislation and speak on behalf of citizens, NHRIs bring specific expertise on rights issues. Britain’s Equality and Human Rights Commission (EHRC) is the current Chair of the Commonwealth Forum of National Human Rights Institutions. Equipped by Parliament with robust legal powers, we have a distinct role to play in removing the barriers that disabled people may face. Partnership working between Parliamentarians and National Human Rights Institutions is fundamental to effectively translating international treaties into national action to create stronger, fairer societies. The UN Convention of the Rights of Persons with Disabilities (UNCRPD) is the international treaty that enshrines disabled people’s rights in law. To date, 50 out of 54 member states in the Commonwealth have ratified the UNCRPD. This means that states have committed to protecting and promoting the human rights of disabled people by eliminating disability discrimination, enabling disabled people to live independently in the community, creating an inclusive education
system and protecting disabled people from all forms of exploitation, violence and abuse. Despite this commitment, some disabled people continue to face disadvantages in everyday life. From disparities in education to persistent employment and pay gaps; a chronic shortage of accessible housing and inappropriate restriction of independent living, many disabled people do not have the support to meet their basic care needs. Parliamentarians and NHRIs must work together to ensure disabled people have the same choice, control and opportunities as others do. As Chair of the EHRC and a Member of the UK’s House of Lords, I write with a foot in both camps. This has enabled me to see firsthand the essential role that both Parliamentarians and NHRIs play in upholding the rights of disabled people – never more crucial than during the pandemic. Due to the postponement of the Commonwealth Heads of Government Meeting (CHOGM) and our continued chairing of the CFNHRI, I currently have the pleasure to see the joint working between Parliamentarians and NHRIs taking place in other Commonwealth nations. In Kenya, the National Commission on Human Rights (KNCHR) made a number of recommendations to the Kenyan government. They sought to address the stigma about mental health conditions and improve support services. Their recommendations were echoed in parliamentary debates and the Ministry for Health subsequently scaled-up community support services, including a toll-free counselling helpline. In Scotland, 46% of COVID-19 deaths by July 2020 were in care homes. The Scotland Human Rights Commission (SHRC) called for a human rights-based inquiry into a range of serious issues that residents and staff faced. Their recommendations were cited in
Baroness Kishwer Falkner
is the Chair of the Equality and Human Rights Commission and the Chair of the Commonwealth Forum of National Human Rights Institutions. She also serves as a Member of the House of Lords in the UK Parliament, where she is a Cross Bench Member. In the Lords, she was a spokesperson for the Liberal Democrats on Home Affairs, Justice and Foreign Affairs from 2004-2015. She has also served on several Parliamentary Committees including Chairing the EU Sub-Committee on Financial Affairs, and as a Member of the EU Select Committee, Constitution Committee, the Joint Committee on Human Rights, and the Joint Committee on the National Security Strategy.
354 | The Parliamentarian | 2021: Issue Four | 100 years of publishing
