1 - Comparative International Trends in Disability Law and Policy

Summary

Introduction

This chapter will outline the common themes emerging from international disability law and policy as encapsulated in the Convention on the Rights of Persons with Disabilities (CRPD) and describe how strategies for achieving the Convention’s stated goals can be implemented at the domestic level. The aim of this discussion is to explore guiding principles that can underpin domestic law and policy on disability and, specifically, inform the creation of national disability strategies. Guidance is sought in terms of the scope of national disability strategies, the fields that should be covered and how these should be integrated, the focal points and monitoring mechanisms needed to implement change, and the ways in which progress in improving the lives of people with disabilities can be measured. Concepts central to this discussion include the notion of “progressive realisation” and the idea of government departments and other disability stakeholders as learning organisations in the implementation process. This chapter will focus on the scope of the Convention and the guidance it provides for implementation and monitoring at international and national levels. Some key insights from public management literature on new mechanisms of governance will also be considered, followed by an analysis of emerging trends in vision, scope, aims, and measures for achieving progress in Ireland’s National Disability Strategy, as an example of how domestic implementation of international principles can be achieved in disability law and policy.

For the purposes of this chapter, the aims of the Convention will be described as centering on four key themes: equality, autonomy, participation, and solidarity. All rights contained in the Convention refer to one or more of these key themes, as demonstrated by the diagram in Figure 1.1.