FLAC TCD - Disability Rights

Page 104

In the 1990s and early 2000s, disability policy was marked by innovation – the Disability Allowance replaced the DPMA in 1996, shifting from a contingency-based scheme (with limited capacity) to a demand-based one (open to all eligible). There has been an upward trend in spending over the past two decades: disability expenditure increased from €825.9m in 2000363 to €4,448.6 billion in 2019.364 The 2021 annual expenditure on Disability Allowance is estimated at €1.8 billion.365 Whilst robust, recent reports point to deficiencies in the system, raising the issue of reforms and the future direction of the Irish social welfare system. Comparison with International Social Welfare Schemes From an international perspective, Ireland’s social welfare system provides robust support for people with disabilities and provides career support, while there is room to learn from other countries elsewhere. Ireland is among a minority of EU countries to facilitate long-term caregiving without any cut in a carer’s pension entitlements, this is a positive entitlement as carer’s can lose up to 19% of their pension in Latvia, and 22% in Slovakia.366 However, Ireland is an outlier in the northwest of Europe (if not in the EU as a whole), because public expenditure on long-term care is less than the value of informal long-term care given in the state,367 meaning that there is unpaid and uncompensated caregiving taking place. There is room for Ireland to consider increasing the Carer’s Allowance and increasing the amount of professional support for carers in order to reduce the gap between care value and care expenditure, and to bring the state into line with neighboring European countries. The cuts which Ireland imposed on social welfare during the economic crisis from 2008 to 2014 were also unexceptional by international standards.368 However, Ireland’s sluggishness in restoring social welfare payments to pre-Eurocrisis levels may mean that they are failing to vindicate the right to a minimum standard of living enshrined in Article 28 of the Convention on the Rights of Persons with Disabilities (CRPD). The fact that the Pandemic Unemployment

363

DEASP, 2000 Social Protection Annual Statistics Report. DEASP, 2019 Social Protection Annual Statistics Report 365 DEASP, ‘Government publishes the Cost of Disability Report,’ 7 December 2021. 366 Commission, ‘Study on exploring the incidence and costs of informal long-term care in the EU’ VC (2019/0227) 122. 367 Commission, ‘Study on exploring the incidence and costs of informal long-term care in the EU’ VC (2019/0227) 16, 134, and 148. 368 Charles O’Sullivan and Donna McNamara, ‘The ‘Necessity' of Austerity and its Relationship with the UN Convention on the Rights of Persons with Disabilities: A Case Study of Ireland and the United Kingdom’ (2021) 21(1) Human Rights Law Review 157. 364

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Articles inside

Scope and limitations of the Act

12min
pages 124-130

Overview of the Act

1min
page 120

Changes implemented by the Act

5min
pages 121-123

Changes introduced by the Act

10min
pages 113-119

Wardship in Ireland

5min
pages 110-112

Future Directions and Recommendations for Reform

9min
pages 104-109

International Comparative: Legal Models for Workplace Inclusion

7min
pages 93-97

Overview of Irish Social Welfare Supports

9min
pages 98-102

Ireland’s comprehensive Employment Strategy for People with Disabilities

10min
pages 87-92

disabilities

4min
pages 82-85

Primary legislative and policy context for persons with disabilities and employment in Ireland

1min
page 86

Educational Needs Assessments and Curriculum Design Case-study: School closure during Covid 19 and the rights of children with

8min
pages 78-81

The Irish Probation Service

3min
pages 70-72

The right to an ‘appropriate’ education under Irish law

2min
page 73

The Criminal Trial of Persons with Disabilities

5min
pages 65-67

The Employment Equality Directive

11min
pages 57-64

Framework in Response to the UNCRPD

9min
pages 46-51

The Irish Prison Service

4min
pages 68-69

The European Accessibility Act

8min
pages 52-56

United Nations Convention on the Rights of Persons with Disabilities A Critical Commentary on the Evolution of Ireland’s Legal and Policy

6min
pages 43-45

The right to political participation for persons with disabilities

2min
page 26

Case Study: ‘Invisible’ Disabilities

6min
pages 21-25

Differing Models of Disability

3min
pages 15-16

The European Convention on Human Rights and The Protection of Persons with Disabilities

6min
pages 40-42

Page

9min
pages 6-14

Denmark and Rosenlind v Denmark

8min
pages 34-39

Progress in lifting administrative and legal barriers in political participation for persons with disabilities Analysing the European Court of Human Rights Decisions in Strøbye v

13min
pages 27-33

Defining Disability in Irish Law

7min
pages 17-20
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