MOTHER WANTS HYSTERECTOMY FOR DISABLED DAUGHTER

Last July the Inclusion International Newsletter reported on the investigation into the ''Ashley Treatment'' intervention she suffered to stop her growth. Diane Richler, President of inclusion International decried the treatment as threefold discrimination against Ashley as a person with a disability, a girl and a child. Diane pointed out" Until the Convention is fully ratified and implemented, discrimination against Ashley and millions in similar situations will continue." The Convention specifically recognizes the need for special caution in protecting the rights of women and children, for awareness-raising "including atthe family level...and fostering respect for the rights of persons with a disability", for combating stereotypes, for equal treatment under the law, including supports for decision-making, freedom fromdegrading treatment and the right to 'full physical development'.Today we bring to your attention the case of Alison Thorpe, and her 15 year old daughter Katie, who has cerebral palsy. Alison has asked the doctors in the UK to give her daughter a hysterectomy to help her to live 'pain free without the problems associated with menstruation'. For an audio and video link to an interview with Ms Thorpe visit the ">BBC NEWS website
In a similar case that went to the Supreme Court of Canada. The mother of a young woman sought to have her daughter sterilized. The mother lost the case at the Supreme Court in a precedent setting case the court found that: “Sterilization should never be authorized for non‑therapeutic purposes under the parents patriae jurisdiction. In the absence of the affected person's consent, it can never be safely determined that it is for the benefit of that person. The grave intrusion on a person's rights and the ensuing physical damage outweigh the highly questionable advantages that can result from it. The court, therefore, lacks jurisdiction in such a case.” E. (Mrs.) v. Eve, [1986] 2 S.C.R. 388Date:October 23, 1986

What are your views on this subject?

EDUCACION INCLUSIVA

El concepto de educación inclusiva continuamente es el tema de discusiones recientes. La mayoría de los grupos, incluyendo: agencies internacionales de desarrollo (tanto gubernamentales como no gubernamentales); organizaciones educacionales y escuelas; profesionales de la educación; grupos de padres; y las personas más afectadas por las decisiones, las personas con discapacidad, han discutido el concepto de manera exhaustiva. Sin embargo, no ha sido posible establecer una opinión de consenso alrededor de la mejor definición para la educación inclusiva. Consecuentemente, es difícil saber cómo implementar este concepto y hacerlo realidad para miles de niños alrededor del mundo.

Tanto en la pagina web de Inclusion Internacional como en la nueva pagina sobre EI encontraras informacion y recursos que apoyan la educacion inclusiva. Nos gustaria que contribuyeras con tu opinion y tus historias sobre este tema aqui. Gracias.

Disabled petition for right to live outside institutions

By Ruth Sinai as published on http://www.haaretz.com/hasen/spages/850273.html

Five people with severe disabilities petitioned the High Court of Justice this week demanding the right to live in an apartment provided to handicapped people.

The petition against the Social Affairs Ministry was submitted via Bizchut - The Israel Human Rights Center for Peoples With Disabilities. The ministry says the petitioners suffer from retardation and severe physical disabilities requiring constant supervision and medical care, which can only be provided by an institution. Living in an apartment may endanger the petitioners' lives and they are safer in an institution with a 24-hour on-call nurse and a medical team available, ministry spokesman Nahum Ido says.

Petitioner Michael, age 21, has had cerebral palsy since birth. He suffers from retardation, cannot speak and can only move around with a wheelchair. However, he enjoys watching television, has a large video library and likes shopping, cooking and baking with his family.

His parents are not young and his family decided it was time he moved to an apartment with other people his age, with similar conditions, under the care of a professional team. The Social Affairs Ministry only agrees to finance housing for Michael in an institution.

"He must have the warmth he gets at home," says Michael's sister, who looks after him and takes him on walks and grocery shopping. "Institutions are impersonal, he will cry there and be shy. They won't let him go out on walks. In an apartment he could watch television or go out whenever he wants to."

The families reject the ministry's approach, calling it anachronistic paternalism. "As one who raised him, I know what's good for him, and they don't," says Michael's sister. She asserts that he has never required urgent treatment and when he is sick the family takes him to the doctor at the health maintenance organization

Inclusion International celebrates as 81 States sign the Convention on the Rights of Persons with disabilities

Representatives of Inclusion International were at the United Nations on March 30^th to participate in and celebrate the official signing ceremony for the new Convention. Click here to see the list of signatories. While the Convention was adopted by the General Assembly in December 2006, the signing ceremony marked the first steps in formalizing the Convention into law. The Convention is especially important to II’s members because it is an instrument that we helped to create. It reflects the issues that people with intellectual disabilities and their families face and provides a framework for promoting human rights and inclusion.

Click here to read 'Self- Advocay says welcome', by Robert Martin

As countries begin the process of ratifying the Convention and developing plans for implementation, Inclusion International encourages its members to ensure that the voices of people with intellectual disabilities are heard. It is important that governments understand that this is Our Convention Too! Without a strong effort to demonstrate why and how this Convention is important to people with intellectual disabilities and their families, there is a risk that it will be interpreted by governments in very limited ways and that measures to address the systemic exclusion faced my our members will not be developed.

We would like to encourage our members to share their experiences of the ratification and implementation processes in their countries by posting their comments on:

Has your organisation been consulted in the governments’ plans for ratification?

Are there outstanding issues that countries must address in order to ratify?

How are people with intellectual disabilities and families being included in the implementation plans?

LEGAL CAPACITY SUPPORTED DECISION MAKING

Article 12 of the Convention requires sate parties recognize that persons with disabilities enjoy legal capacity on equal basis with others in all aspects of life and it obliges State Parties to take appropriate measures to provide access by persons with disabilities to the support they may requiere in exercisisn their legal capcity.

This means that governments must recognize that all people even those who have difficulty communicating or being understood by others have the same right to make decisions on their own behalf as anyone else. It also means that governments have a responsibility to provide access to supported decision making not substitute decision making.

Inclusion International members have many good examples of successful models of supported decision making. Governments and advocates are looking for practical knowledge and experiences in supported decision making: Share your stories and experiences here.

What models of supported decision making have you been involved in?

Are these models recognized in law or legislation?

What have been the challenges in supported decision-making practices?

LIVING IN THE COMMUNITY

Article 19 of the Convention recognizes the equal right of persons with disabilities to live in the community. The article is important to people with intellectual disabilities because it recognizes their right to choose where and with whom they live and it gives governments responsibility for providing supports to live in the community.

For many governments this obligation in the Convention will require that they develop plans for deinstitutionalizing people who are excluded from their communities and it will require the development of community capacity to support people to live in the community. Both the process of deinstitutionalization and the process of developing community supports are areas where our members will be called on to provide advice and assistance.

Share your stories about closing institutions and strategies for community inclusion here!!

DISABLED CHILDREN

Article 7 of the Convention states parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. In all actions concerning children with disabilities the best interest of the child shall be a primary consideration.

States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.

Inclusion International demands that children with intellectual disabilities be recognised as having the same rights as all other children and that they should receive the supports they require to realize those rights.

INCLUSIVE EDUCATION- know your rights

Article 24 requires state parties to “ensure an inclusive education system”. This means that governments must provide education to all children with disabilities through the regular education system with the provision of supports.

Inclusion International has been at the forefront of efforts to promote inclusive education and we have many partners in our efforts to promote good practices in inclusive education. The UN Special Rapoteur on Education in his recent report on the rights of children with disabilities has adopted II’s recommendations for taking steps toward inclusive education.

Many materials and resources that support inclusive education are currently available on the II website and we encourage you to add your materials, stories and knowledge here…..

The new UN Convention contains many provisions that are of critical importance to people with intellectual disabilities and their families…watch this site for opportunities to share knowledge in different areas.