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Wednesday, September 25, 2013

disability

Are Danger Laws The Way Forward For Equal Human Rights?

Are Danger Laws The Way Forward For Equal Human Rights?

I have written in previous blogs about my belief that mental health laws are discriminatory and therefore do not sit with the provisions of the United Nations Convention of the rights of people with disabilities (UNCRPD) which clearly states in:

Article 5
Equality and non-discrimination

  1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
  2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.
  3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.
  4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

Now Ireland has signed up to the UNCRP, we are currently drafting 'Capacity' legislation and are reviewing the Mental Health Act 2001. But the question that is starting to be asked more and more in international legal circles is 'Can Ireland (or any State) fully sign up to the UNCRP if we retain legislation based on disability which are inherently discriminatory in nature?' I would argue that we cannot as it makes no difference if the intention of Mental Health Laws is toward positive discrimination, discrimination is at their core.

So what are the potential consequences for the State if they continue down this road? Well simply put litigation. Many of those involved in this debate in international legal circles feel that Ireland is setting itself up for numerous challenges that will be taken by users who have undergone forced treatment or forced incarceration within the system protected by the Mental Health Act. These individuals will be able to argue that their human rights were breached under the UNCRP, and remember we have as a country signed up to this legal agreement which states in:

Article 17
Protecting the integrity of the person
Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.
So what can the Irish government do to avoid this potential legal nightmare? And of course on a more human level what can they do in order to ensure the equal human rights of all its citizens (I realise this in some ways will be a secondary benefit…)

Well removing specific Mental Health Laws and introducing Danger Laws is one possible road. In any conversation of the necessity of Mental Health Law the point will continuously be made 'What do we do in the case of someone who is a danger to themselves or others?' This is in itself a valid question however, the question and be put equally to the wider community. Cormac O'Keefe writing in today's Irish Examiner about an instance where an individual, known to Gardaí, was stopped at a checkpoint and found to have both cable ties and duct tape. The Gardaí were fearful he may be a 'danger to society' but powerless to do anything, two weeks later following the rape of two women in Dublin this man is now the prime suspect –

If there were specific Danger Laws on the statute books the Gardaí may have been in a position to act differently, and with their hands untied may have been able to prevent the brutal crimes. Now do not get me wrong Danger Laws come with their own set of problems, issues like Orwellian thought crime come to mind, and yes that is a valid concern. However, I would argue that these issues exist today for the mad community. Those who have been through the system live forever in fear that their future behaviour will be diagnosed by family, friends, colleagues or society as potentially being a 'danger to themselves or others' and will result in incarceration and treatment.

If wider society suddenly saw the consequences of 'odd' behaviour maybe their perceptions would change, their tolerance would increase and their relationship with emotional distress and all it brings would grow. There will always be the crisis situation, there will always be those of us who decide to make the ultimate decision to take our own lives, there will be those times where stress and distress lead to anger and violence. Changing our legal system will not end this but it may change our perspective on how we deal with the consequences of these actions.

The ethos of the UNCRPD is to garner a cultural change in how society deals with human rights on an equal basis. Therefore it is not just about changing laws it is about changing attitudes but unfortunately attitudes will not change as long as the state continues to enshrine inequality on the statute books sanctioning human rights abuses. So again the call is for all of society to step up take on the responsibility that Danger Laws bring and call on the government to end the human rights vacuum created by Mental Health laws. I am sure we will be having this debate for a while yet (at least till the first case is taken and won against the state…

Fw: Accessibility Committee Meeting - 30th Sept 2013

 
 
Sent: Wednesday, August 21, 2013 6:03 PM
Subject: RE: Accessibility Committee Meeting - 30th Sept 2013
 

Thomas,

 

Thank you for get back to me to confirm your attendance. 

 

Kindest Regards

Geraldine

 

Geraldine O'Donnell

Office of the CEO, NRH, National Rehabilitation Hospital, Rochestown Ave, Dun Laoghaire, Co Dublin. Ph: 01 2355237

 

-----Original Message-----
From: thomaschambers@eircom.net [mailto:thomaschambers@eircom.net]
Sent:
Wednesday, 21 August, 2013. 5:35 pm
To:
Geraldine O'Donnell
Subject: Re: Accessibility Committee Meeting
- 30th Sept 2013

 

I will be attending the meeting on the 30th August.

 

 

Regards

 

Tom

 

Sent: Wednesday, August 21, 2013 1:03 PM

Subject: Accessibility Committee Meeting - 30th Sept 2013

 

When: Friday, 30 August, 2013. 11:00 am-11:30 am (GMT) Greenwich Mean Time : Dublin, Edinburgh, Lisbon, London.

Where: Boardroom Admin 3

 

*~*~*~*~*~*~*~*~*~*

 

Dear Accessibility Committee Members,

 

Please find attached Committee meeting agenda and minutes in advance of the next meeting scheduled for Friday August 30th at 11am, Boardroom admin 3.  Can you please confirm your attendance to Sarah Homan sarah.homan@nrh.ie or Ph: 2355217 as I will be on leave from the 22nd August - 30th August 2013.

 

Kind Regards

Geraldine

 

Geraldine O'Donnell

Office of the CEO, NRH, National Rehabilitation Hospital, Rochestown Ave, Dun Laoghaire, Co Dublin. Ph: 01 2355237

 

 

 

 

  ________________________________ 

Please consider the environment before printing this email.

CONFIDENTIALITY NOTICE:
"Information in this e-mail (including attachments) is confidential. It is intended for receipt and consideration only by the intended recipient. If you are not an addressee or intended recipient, any use, dissemination, distribution, disclosure, publication or copying of information contained in this e-mail is strictly prohibited. Opinions expressed in this e-mail may be personal to the author and are not necessarily the opinions of the NRH. If this e-mail has been received by you in error we would be grateful if you could immediately notify us by telephone at +353 1 2355000 or by e-mail and thereafter delete this e-mail from your system. Thank you for your understanding and co-operation."

National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co.
Dublin, Éire.
Telephone: +353 1 235-5000
www.nrh.ie



Please consider the environment before printing this email.

CONFIDENTIALITY NOTICE:
"Information in this e-mail (including attachments) is confidential. It is intended for receipt and consideration only by the intended recipient. If you are not an addressee or intended recipient, any use, dissemination, distribution, disclosure, publication or copying of information contained in this e-mail is strictly prohibited. Opinions expressed in this e-mail may be personal to the author and are not necessarily the opinions of the NRH. If this e-mail has been received by you in error we would be grateful if you could immediately notify us by telephone at +353 1 2355000 or by e-mail and thereafter delete this e-mail from your system. Thank you for your understanding and co-operation."

National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin, Éire.
Telephone: +353 1 235-5000
www.nrh.ie

Fw: mattress

 
 
Sent: Saturday, September 14, 2013 5:57 PM
Subject: Re: mattress
 
I await a reply.
 
Tom
 
Sent: Sunday, August 18, 2013 2:27 PM
Subject: mattress
 

To whom it concerns:

I wish to complain about the following:

 

When I went  on Holidays from the 8th august 2012 – 16th  I give my district Nurse  Mary to take away my Quarto Plus  mattress and have it back when I returned. What I received on return was not the same mattress. The Company in question Homecare Medical sent out 2 mattresses on the 21st Nov. 2012 and was totally unsuitable for me.

I was discharged from University Hospital Galway on the 7th June 2013 as the staff there were informed that an accessible mattress was delivered to my house but unfortunately that was not so. On the 26th June I got a phone call from the manager of the community stores in castlebar informing that a mattress was in Kildare and should be delivered in 2 weeks to me. I asked him was it the one I requested and he said " trust me Tom as I know the type of mattress you want" but it was eventually delivered from Dublin but refused it as the mattress was too small as the pillows were falling down on the floor.

On the 30th July my district nurse and Lynne the OT arrived with a mattress and that also was too small but I agreed to take it on condition they look for a correct size. They informed me that those mattresses are not been made and gave me a phone number of the company that makes them. I rang the company Talley Medical at 014596585 and spoke to the company rep who informed me that their company WILL make a mattress if they get permission from HSE. I passed on an email I received from the rep to the OT as the district nurse's email is always not working when I ask her for hers. The OT informed me by email that she would be in Newport on the following Tuesday but despite sending her emails I received from the rep no contact has come from her and what I have at the moment is a mattress that I have to jam with a box of continent sheets at the bottom and a few blankets at the top to stop the pillows from falling. Is that the way to treat the most vulnerable in society?

 

Is it the policy of Homecare Medical to take away aids and appliances for repairs and fail to return them and nobody in the HSE seem to have any records as to where they are gone?

 

Regards

 

Thomas Chambers
Access Campaigner
The Billy Ranch
Newport

Mayo

Wednesday, September 18, 2013

enil

Freedom Drive Campaign 2013

  Print

Freedom Drive Campaign 2013

Every two years, hundreds of disability activists from across Europe travel to Strasbourg to speak to Members of the European Parliament, to promote Independent Living issues, exchange ideas and information and to meet with old and new colleagues.

However, for every person who makes it to Strasbourg, there are thousands that cannot join the Freedom Drive due to the barriers they face as disabled people in their countries.

The Freedom Drive Campaign introduces you to disabled people who will not make it to Strasbourg this year. This is an opportunity to demonstrate to Members of the European Parliament the many ways disabled people are still being discriminated and excluded from the society. The Campaign aims to show that the human rights of disabled people are still being violated, despite the European Union's and the Member States' ratification of the UN Convention on the Rights of Persons with Disabilities.

The Freedom Drive Demands

To ensure the full implementation of the UN Convention on the Rights of Persons with Disabilities, the European Network on Independent Living urges the Member States and the European Union to take the following actions as a matter of priority:

1. Ensure Personal Assistance for all in need

Reinhart

Reinhart is from Belgium and requires assistance to live independently in his own apartment. He needs support with daily household tasks and to be able to work. As a young adult, he does not want to be dependent on his parents or the goodwill of his friends to lead an active life. In 2008, Reinhart applied for a Personal Assistance Budget – funding which would allow him to employ personal assistants. Although he was granted one, he is still on a waiting list five years on. There are over 6,000 disabled people on the waiting list in Flanders, with the priority given to those with life threatening conditions. For now, Reinhart pays for his own support, but knows that this is not sustainable.

2. Safeguard support services for disabled people against the cuts

Mary

The Independent Living Fund in the United Kingdom enables Mary to live a full and active life. She has carried the Olympic torch, participated in events to raise money for charity, enjoys long walks with her dogs and other social activities. The Independent Living Fund gives her the freedom to live her life the way she wants to. Without it, Mary would be dependent on a limited care package from her local authority, which would be sufficient enough only for fulfilling her basic needs – going to the toilet twice a day and eating. It would not be sufficient for her to leave her home or live an active life. The proposed closure of the Independent Living Fund – a decision taken by the Government without proper consultation or understanding of its impact on disabled people – means that Mary will soon be confined to her bed. This is a life Mary feels is not worth living.

3. End segregation of disabled people in institutional care

Valentin

Valentin, a young man with intellectual disabilities from Romania, was abandoned at birth and spent his whole life living in institutions. He died at the age of 18, shortly after being admitted to a psychiatric hospital, where he was moved to from a children's institution. Valentin died as a result of severe neglect and denial of medical treatment for HIV, an illness he contracted most likely at birth. An NGO monitoring conditions in institutions in Romania found him on the day of his death alone in a cold room, wearing only a pyjama top and lying in a bed without bedding. The staff refused to feed him or to take him to the toilet for fear of being infected with HIV. No one was found responsible for his death, and his case has been brought to the European Court of Human Rights.

4. Provide inclusive education for disabled children

Menno

Menno is 25 and lives in the Netherlands. When his parents learned he had intellectual disabilities, they decided to raise him like any other child without a disability. They enrolled him in a good primary school, where he learned alongside children of his own age. However, when it was time for him to go to secondary school, none of the mainstream schools would accept him. With no other option, he was enrolled in a 'special school'. Neither Menno nor his parents wanted him to attend a school that is in a segregated environment and which failed to stimulate his development. They know his place is in the general education system.

 5. Grant disabled people access to employment in the open labour market

Jaka

Jaka is from Slovenia and has faced inequality throughout his life. When he was younger, he had to attend a boarding school, as there was no accessible school close to his home. To live independently, Jaka needs personal assistance, which he receives from a local NGO. However, personal assistance is not provided for in the legislation, which means that there is a constant threat it could be taken away from him. Jaka receives job coaching to help him get into work, but despite his university level education, he has not been able to secure employment in the past two years.

6. Give all disabled people the right to make decisions

Danijela

Danijela, from Serbia, has spent her childhood living in foster homes and an institution for children with intellectual disabilities. Nine years ago she moved into supported housing provided by an NGO, and now lives in a nice apartment together with her partner. She leads a very active life and competes in various sports. Danijela enjoys working and has found a job in a local restaurant. Although her employer is very happy with her work, Danijela cannot get a full-time job or a salary, because she is under guardianship. This means that her ability to make important decisions about her life, to sign contracts or to have a job, has been taken away. The only reason for that is her disability.

7. Make the mainstream environment and services accessible for disabled people

Mareks

Mareks is a young man from Latvia who became disabled about one year ago, after an accident. This changed his life immensely, as he became dependent on his family and friends for support in his daily routine. Mareks was given an electrical wheelchair, but that does not mean he can leave his apparentment. He lives on the fifth floor in a high-rise building without an elevator and cannot get alternative housing from his local authority. Among other, this means that he cannot access physiotherapy treatment, which is of great importance for his future. According to the new Personal Assistance law in Latvia, there can only be one assistant per person, which does not even leave the option of Mareks being carried out of his flat. Mareks describes his situation as a "trap".

8. Protect the rights of disabled women

Tanya

Tanya has spent her life advocating for the equal treatment of disabled women in Bulgaria. She was one of the small number of disabled people to study in a mainstream school. After graduating from the university, she became a journalist and published stories of disabled women who actively strived for an equal place in the labour market. Tanya herself has been paid less than her male colleagues and has struggled in an inaccessible environment, which her employer refused to adapt. Her work has also shown that disabled women experience higher levels of domestic violence, which often remains unreported.

The UN Convention on the Rights of Persons with Disabilities was ratified by 38 countries in Europe and the European Union.

Article 19 of the Convention recognises the "equal right of all persons with disabilities to live in the community, with choices equal to others". State Parties to the Convention must "take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community".

ENIL calls on the European countries and the European Union for the full ratification and implementation of the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol.

Tuesday, September 17, 2013

hello

Press Release on Independent Living - The Dublin Experience Conference

November 20, 2009 at 12:28pm

Advance Event Notification: Independent Living – The Dublin Experience

People with Disabilities meeting to discuss independent living and human rights

Friday 27th November 2009 10am. – 4 pm
D4 Berkeley Hotel, Lansdowne Road Dublin 4

People with Disabilities living in Dublin city and county are meeting next week to discuss access to independent living. In the first conference on the issue in some years Greater Dublin Independent Living are highlighting both the effects of cuts to services and lack of understanding of rights based service provision on the lives of people with disabilities.

In the past 20 years people with significant physical and sensory disabilities have campaigned for and organised services to enable them to leave institutions and experience independent living. However in 2009 the acute lack of services including Personal Assistance services means that many are being placed in Nursing homes or remaining in acute hospital settings for many months following completion of treatment. 

Offers of housing from local authorities are jeopardised by the lack of personal assistance support packages. Other people report difficulties in accessing employment following completion of third level education due to the lack of appropriate supports which places them at a greater disadvantage in a very challenging labour market. Many others remain in the family home well into adulthood and have no access to education, employment or opportunity to meet friends, develop relationships and lives away from their parents.

Standards on the services which are delivered by public and private organisations funded by the HSE are not in place. The Irish Government have signed but are yet to ratify the United Nations Convention on the Rights of People with Disabilities. Article 19 of the Convention commits states to respecting the rights of people with disabilities to live in the community.

Gordon Ryan, Chairperson of Greater Dublin Independent Living describes the event as being timely when the government and its agencies are discussing cuts to services while at the same time trying to meet international human rights commitments.

'People with disabilities rarely have the opportunity to meet to discuss the type of services they receive and wish to receive and next weeks conference will give them a chance to draw up a priority list of issues which must continue to be addressed by the government and the agencies they fund. The conference will also examine the role of independent living groups in providing peer support.'

Note to Editors/Journalists
In addition to spokespersons for the organisation several people with disabilities attending the conference are available for interview prior to the event. This includes people waiting to access personal assistance services, accommodation, employment and those who do have the services in place and are worried that they may lose them due to budget cuts. 

For further information contact Suzy Byrne on 086 8378757 or 01 8726843 or by email dlas@eircom.net

Fw: Green and Red

 
 
Sent: Monday, September 16, 2013 12:04 AM
Subject: Green and Red
 

Green and Red

Link to Mayo GAA Blog

Owning the first ten minutes

Posted: 15 Sep 2013 03:12 PM PDT

There are many issues to be factored in as we plan our tactics for this year's All-Ireland final but, as Nigel Quinn argues in his first guest post on the site, staying alive in the first ten minutes has to feature high on this list.

Our fourth All-Ireland final in nine years is merely days away. The most striking element of the last three finals, other than the bleeding obvious that we lost all three, is that they were all effectively over after ten minutes due to our being put to the sword quickly by Kerry and Donegal with those devastating early killer goals.

3.40pmThere was a strong feeling amongst Mayo supporters in the lead up to the final last year that we needed to settle early and be still in the game after 3.40pm which of course came from the raw fear that we were still carrying over from the '04 and '06 finals.

2004 final

Unfortunately, as we very quickly found out again, this wasn't to be and although we fought a brave fight after the catastrophic start, the iceberg was hit hard and too much water was taken onboard too quickly to raise the green and red ship to victory.

2013 final

It's in my humble opinion that we cannot as a team and as supporters of our great county go into All-Ireland final of 2013 with this fear attached to us again.

We must go out and own the first ten minutes in Game Six. We should launch ourselves into this period like a pack of rabid dogs, attacking the O'Neills size 5 and anything else that isn't donning the green and red, in a similar manner to the Donegal game.

image (4)

The fear and nerves spilling from the stands could then be numbed by the massive injection of confidence emanating from the hallowed turf of Croke Park from our heroes. This would then secure us a steady platform both on and off the pitch to build on through the next sixty minutes resulting in what will hopefully mean that Mayo GAA and its county's great people will finally, after 62 long and painful years, climb those Hogan Stand steps to the promised land of All-Ireland glory on September 22nd.

Nigel Quinn is on Twitter @Maigheoforsam.

Sunday's t-shirt competition: the result

Posted: 15 Sep 2013 12:07 PM PDT

Mayo Gaa Blog Model Front_

Okay: the lines are closed, the correct answers – all 65 of them, i.e. all those who correctly answered that Robbie Hennelly and Aidan O'Shea are the two players that started against Tyrone in this year's senior semi-final and the 2008 minor final – have been stuffed into the hat and the names of three lucky winners have been plucked from same location. They are Joe Morley, Michael Naughton and Maurice O'Keeffe.

Congrats to today's three winners, all of whom I'll be contacting shortly to get details of vital statistics and delivery addresses for their t-shirts, which will come courtesy of those nice people in T-Rex Clothing.

Thanks to all who took part and commiserations to the many who didn't get lucky in today's competition. There'll be another three t-shirts up for grabs tomorrow so if you lost out today there'll be another shot at them then.

The return of the All-Ireland t-shirt competition

Posted: 15 Sep 2013 03:28 AM PDT

Right, just a week to go now to the big day so it's time to crank up the hype machine a few notches. Those of you who wandered around this neighbourhood twelve months ago will recall the competition that was running here for some limited edition Mayo GAA Blog All-Ireland final 2012 t-shirts (nice they were too). Well, thanks to those good people at T-Rex Clothing (in particular Mark) I'm delighted to unveil the 2013 edition and to announce details of how to get your hands on one.

Here's the 2013 design:

Mayo Gaa Blog Model FrontAnd here's the detail that's on the arm:

Mayo Gaa Blog Model Arm

As I mentioned, this is all thanks to T-Rex Clothing, who are based in the Retail Business Park on the Breaffy Road in Castlebar. T-Rex are the Mayo agents for the premium sports brand JAKO and Kooga and they customise other top quality clothing brands including Regatta, Lotto, Finden & Hales and Russell as well as producing their own range of T-Rex Sportswear. The company is involved with such Mayo sports clubs as Breaffy GAA, Ballintubber GAA, Knock Kiltimagh FC, Bangor Hibs FC,  Moy Davitts GAA, The Neale GAA, Ballycastle GAA and West Mayo GAA.

There'll be three of these bespoke t-shirts up for grabs every day for the next three days and to be in with a chance to win one of them all you need to do is to provide the correct answer to a bespoke Mayo GAA question. The one for today is as follows:

Two of the team that started in this year's All-Ireland semi-final against Tyrone also played in the 2008 All-Ireland minor final against the same opposition. Can you name both of these players?

Entries please to mayogaablog@ymail.com by 7pm this evening, following which the first three correct entries out of the hat will win the first three t-shirts.

I'll do an update later on this evening announcing the first trio of winners. Best of luck to all who take part.

Saturday, September 14, 2013

Fw: Work at Castlebar main street

 
 
Seamus Granaghan
Castlebar Town Manager
Castlebar
County Mayo
17/05/2012
 
Dear Seamus,

I will like to thank you for arranging a meeting with the local engineer Padraic Kelly dated 17th January 2012.  I want to point out to you that people with visual impairment, the elderly, young and older people with disability were not taken into consideration with the work at Castlebar main street.

When I asked Padraic about this, he kept on saying that it is not included in the regulations.  But it is just common sense about what is suitable for the needs of people with disabilities rather than the violation of regulations.

A ten page booklet were launched by the Minister for Environment on 23rd February 2012 called "Building for Everyone".  Unless this is addressed, there will always be a problem for these group of people with disability.  I am constantly reminded by their calls about the poor finishing of the work.

I feel that people with different types of disabilities should be taken into considerations whenever such decisions are made.

Yours sincerely,


Thomas Chambers

Access Campaign Officer

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Friday, September 13, 2013

Fw: Disability No Impediment To Miss America Glory, Evidence Lacking On Transition Programs and More News

 
 
Sent: Friday, September 13, 2013 7:33 PM
Subject: Disability No Impediment To Miss America Glory, Evidence Lacking On Transition Programs and More News

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Disability Scoop - Developmental Disability News

E-Mail News | Friday, September 13, 2013
Latest Headlines from DisabilityScoop.com

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Despite an increased risk for complications from the flu, many children with intellectual disability, cerebral palsy and other disorders are not vaccinated to protect against the virus.

Disability No Impediment To Miss America Glory
For decades, Miss America was all about beauty and "perfection," physical and otherwise. But like so much about the venerable competition taking place this weekend, this has changed.

Evidence Lacking On Transition Programs
A federal report suggests that far too little is known about the effectiveness of various types of transition programs in preparing students with disabilities for adulthood.

Artist With Disability Gets Royal Treatment
Prince William and his wife Kate have chosen a painting from an artist with Down syndrome to display in their son's nursery.

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