House of Lords House of Commons

Session 2007-08 House of Lords Publications on the internet House of Commons Publications on the internet Joint Committee On Human Rights Publications

Joint Committee On Human Rights - Seventh Report Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 22 January 2008. CONTENTS Terms of Reference REPORT SUMMARY 1  INTRODUCTION Our inquiry Learning disabilities or learning difficulties? Terms of reference Evidence and visits Structure of our report Specialist advisers and acknowledgements 2  ADULTS WITH LEARNING DISABILITIES: THE KEY ISSUES Abuse and neglect Failures in healthcare Victims of crime Are people with learning disabilities especially vulnerable to infringements of their human rights? The policy context Where we are now: Are we valuing people? 3  WHY DO HUMAN RIGHTS MATTER? What does the Human Rights Act add? Disability, equality and human rights UN Convention on the Rights of Persons with Disabilities Independent living and human rights 4  LIVING WITH A LEARNING DISABILITY Access to public and other services Access and choice in housing Access to paid employment Relationships with friends and family, sexual or other personal relationships Participation in decision-making, speaking up and making complaints Participation in the local community Families and carers The gap between policy and practice Inability to access services and support Is it all about the money? Negative attitudes, assumptions and stereotypes about people with a learning disability 5  THE TREATMENT OF ADULTS WITH LEARNING DISABILITIES IN HEALTH AND RESIDENTIAL CARE SETTINGS Abuse, neglect and careless treatment of adults with learning disabilities Human rights in healthcare: A human rights based approach The role of the health and social care inspectorates Access to specialist, primary and acute healthcare services 6  PARENTING AND FAMILY LIFE Access to support for parents with learning disabilities and their children Access to information for parents with learning disabilities 7  TREATMENT OF PEOPLE WITH LEARNING DISABILITIES IN THE CRIMINAL  JUSTICE SYSTEM Victims of Crime Taking crimes against people with learning disabilities seriously Increasing the confidence of people with learning disabilities in the criminal justice system Hate crimes and learning disability Accused and defendants Prisoners 8  BARRIERS TO AN 'ORDINARY LIFE' Access to information Accessible information on human rights Access to independent advocacy Voting rights Support to participate in the local community Role of service providers 9  CONCLUSIONS: PUTTING HUMAN RIGHTS PRINCIPLES INTO PRACTICE The role of Government The role of the Equality and Human Rights Commission CONCLUSIONS AND RECOMMENDATIONS ANNEX 1: RELEVANT HUMAN RIGHTS LAWS AND STANDARDS Common law principles Human Rights Act 1998 Convention rights Right to life (Article 2) Freedom from torture or inhuman or degrading treatment or punishment (Article 3) Right to liberty (Article 5) Right to a fair hearing (Article 6) Right to respect for private and family life, home and correspondence (Article 8) Prohibition on discrimination (Article 14) Disability Discrimination Act 1995 (as amended) Disability Equality Duty and the promotion of equality of opportunity The Mental Capacity Act 2005 UN Convention on the Rights of Persons with Disabilities Themes arising from human rights standards and legislation Positive obligations to promote human rights and equality Equality and human rights - equality of opportunity Promoting participation Challenging negative assumptions, stigma and discrimination ANNEX 2: CONTRIBUTIONS TO THE INQUIRY FROM MEMBERS OF THE PUBLIC Themes and concerns A lack of understanding for people with learning disabilities Discrimination, bullying and abuse Access to funding for services and support The gap between the policies in Valuing People and reality on the ground Importance of advocacy and Easy Read information Supported or independent living Human rights, education and training ANNEX 3: NOTE OF INFORMAL MEETING: 23 JULY 2007 Panel 1: Relationships, carers and support A human rights based approach Family carers and independent living Funding, eligibility and access to services Carers Concluding statements Panel 2: Access to justice Human rights and crimes against people with learning disabilities Bullying, Harassment and Hate Crime Training People with learning disabilities as accused Prisoners with a learning disability FORMAL MINUTES LIST OF WITNESSES LIST OF WRITTEN EVIDENCE REPORTS FROM THE JOINT COMMITTEE ON HUMAN RIGHTS IN THIS PARLIAMENT MINUTES OF EVIDENCE - VOLUME II (HL40-II/HC73-II) Monday 25 June 2007 Monday 9 July 2007 Monday 22 October 2007 Monday 12 November 2007 WRITTEN EVIDENCE - VOLUME II (HL40-II/HC73-II)

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