Hasan Bermek

Office of the Council of Europe Commissioner for Human Rights

www.commissioner.coe.int

Overview: Council of Europe Commissioner for Human Rights

Independent, impartial, non-judicial institution established in 1999

Promotes awareness of and respect for human rights in the 47 member states

Elected for a non-renewable term of 6 years (Nils Muižnieks since April 2012)

Overview

Country monitoring

Thematic work

NHRSs and HRDs

Awareness Raising

Commissioner’s recent work on disability

Human Rights comment on the right to vote

Issue Paper on Legal CapacityIssue paper on Community Living

The right to be included in the community: why is it important?

affects the enjoyment of all other rights taken for granted by the majority, often

denied to persons with disabilities Segregation and isolated settings increase

the risk of stigmatisation, exploitation, violence and abuse

Still a long way to go for all member states

The core of the right

Neutralising the isolation and loss of control over one’s life, because of one’s support needs in an inaccessible society

Violated when:– support is only available outside the community

(or altogether withheld);– the burden is put on the person to ‘fit in’, when

services and structures are not designed for diversity.

Relevant human rights standards

Article 19 of the CRPD

European Convention on Human Rights (and the case-law of the Strasbourg court)– Stanev v. Bulgaria

Other Council of Europe standards

Commissioner’s Recommendations to member states (1/3)

Review legislation in the light of Article 19; Implement the right to legal capacity, if necessary

through supported decision-making; No new admissions into institutional settings; Develop a transition plan for phasing out institutions; Reallocate resources towards community-based

supports;

Commissioner’s Recommendations to member states (2/3)

Recognise that smaller settings (e.g. congregate care) can also be problematic;

Develop a plan for services to promote inclusion; Ensure that children are able to live a full life within

family and community; In providing services, maximise individual choice

(avoid bundled services).

Commissioner’s Recommendations to member states (3/3)

Enable purchasing of own support and housing; Review inclusiveness of general services; Ensure monitoring of institutions (until they

disappear) and of the quality of community support services;

Full involvement of persons with disabilities throughout the process.

Other examples of the Commissioner’s work

Right to vote for persons with disabilities:http://www.youtube.com/watch?v=FJw-0lCVNCk