The Bill was published as HLB 4, session 2004-05 (ISBN 01084188390). This volume contains a selection of the 14,000 personal letters and other submissions received by the Committee with regards to their inquiry into the Bill.
This report discusses the implementation of the right of disabled people to independent living in the context of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which was ratified by the UK in 2009. It draws attention to a number of significant human rights issues, including: the need for freestanding legislation to protect the right to independent living in UK law; the effect of current reforms to benefits and services on the ability of disabled people to enjoy independent living; the role played by the UNCRPD in policy development and decision making at all levels of government; the use of equality impact assessments; the effects of devolution on implementation of the UNCRPD; and hate crime. The right to independent living does not exist as a freestanding right in UK law. Although it is protected and promoted to some extent by a matrix of rights, the Committee believes that this is not enough. It argues that the Government and other interested parties should immediately assess the need for, and feasibility of, legislation to establish independent living as a freestanding right. The Committee finds that reforms to benefits and services risk leaving disabled people without the support they need to live independently. It also finds that the Government had not conducted an assessment of the cumulative impact of current reforms on disabled people. This report urges them do so, and to report on the extent to which these reforms are enabling them and local authorities to comply with their obligations under the UNCRPD
The most basic of human rights, the right to life, is the focus of this book. 'Human rights' has increasingly come to be seen as a significant framework, both to aid understanding of the experiences of those who face oppression, and to underpin social, legal and political measures to counter it. Disabled People and the Right to Life uses this framework to explore how disabled people’s right to life is understood in different national contexts and the ways in which they are – or are not – afforded protection under the law, emphasizing the social, cultural and historical forces and circumstances which have promoted disabled people’s right to life or legitimated its violation. Written by an international panel of contributors including individuals holding public office, academics from the fields of law, social policy, disability studies and bioethics as well as practitioners and activists attempting to further disabled people’s human rights, this truly interdisciplinary book will be of interest to students and researchers of disability, law, social policy and human rights.
ePDF and ePUB available Open Access under CC-BY-NC licence. During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’. Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.
The last five years have seen a range of international developments, ranging from the growth of radicalisation and fundamentalism, to growing concerns around our energy supply, and rising aggression from Russia. The NSS must be flexible enough to support contingency planning, and in this Report the Committee recommends that the Government produce a classified NSS or annex which can be used in Government departments to influence planning assumptions for a range of scenarios. In its report the Committee said that the next NSS should look hard at the UK's place within the international order, and what strategic thinking should underpin its actions over the next five years. It also needs to influence the Comprehensive Spending Review, to ensure that the Government can make fully-informed decisions on security-related spending. The next NSS should set clear objectives for the UK's future place in the world and geopolitical priorities, and inform the Strategic Defence and Security Review's assessment of the means required to achieve them.
The Joint Committee on Human Rights accepts the need for a counter-terrorism power to stop, question and search travellers at ports and airports without reasonable suspicion, but calls for a reasonable suspicion threshold to be introduced for the more intrusive powers such as detention, searching and copying the contents of personal electronic devices like mobile phones and laptops, and taking biometric samples. The Committee welcomes the improvements made to the powers in Schedule 7 of the Terrorism Act 2000 to stop, question, search and detain at ports, but still considers that a number of significant human rights compatibility concerns remain with those powers even after the changes have been made. The Committee recommends a number of other amendments to the Bill with regards to preventive measures against anti-social behaviour. Whilst cautiously welcoming the Bill's provision to criminalise forced marriage, the Committee believes the new law must be implemented and monitored carefully to ensure that it is not counter-productive for victims. The Committee also recommends additional measures to protect against the potential for prolonged retention of DNA and other personal samples in criminal investigations.
