Rights of People with Intellectual Disability in Cyprus: Policies and Practices Related to Greater Social and Educational Inclusion

Abstract

The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is the framework for national policies and practices that respect the rights of people with disabilities. UN and European human rights entities produce reports that could be used by advocacy groups, such as organizations for people with disabilities, to hold governments accountable for their commitment to international law. This paper focuses on the extent to which policies and practices concerning the education and independent living of people with intellectual disability in Cyprus allow for the full enjoyment of rights under Articles 19 and 24 of the UNCRPD. Data were gathered through a systematic web search for documents of local, international, and European bodies, covering the period April 2007 to July 2014. Documents reviewed included annual reports, country reports, legislative documents, conference papers, and newspaper articles. Findings show that the Republic of Cyprus has not taken significant measures to implement Articles 19 and 24 of the UNCRPD. Existing policies and practices greatly restrict people with intellectual disability from exercising their human rights and fail to promote social and educational inclusion. The study raises questions about the essential nature of policies and practices for people with intellectual disability that may inform the debate in other national contexts.

Measurable Indicators of CRPD for People with Intellectual and Developmental Disabilities within the Quality of Life Framework

“…Article 24 (education): Nine articles included in this review refer to specific indicators and personal outcomes related to inclusive education [ 8 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 ] in ordinary settings at all levels of education (preschool, primary, secondary, high school, vocational training, university). The specific indicators mentioned were the right to attend educational establishments near their community; individualized supports within the general education system; assessment of individual support needs in environments that maximize academic and social development; completion of stages and appropriate transitions between them; coordination among the different professionals involved; training about rights; training about sexuality, reproduction and family planning (understanding what sexual relationships are, risks, benefits and alternatives; questions about sexuality can be freely raised and resolved); training and preparation for independent living (in real-life contexts, from compulsory education); vocational guidance; adequate training and qualifications to get a job; individualized educational aids (e.g., teacher’s aide, tutors, extended test time, modified course curriculum); appropriate materials; reasonable accommodations; quick access to necessary educational support products (e.g., specialized software, recording or note taking devices, audio/e-book devices); information, care, and guidance services for families (e.g., legislative measures and supports related to the education of their children); participation of the family in the education process; information, care, and guidance services for teachers about disability, supports and special educational needs; attitudes toward the inclusion of family members and teachers; meaningful learning experiences; participation in the activities of the school; the school and its staff enhance the person’s self-esteem, satisfaction, autonomy, and self-confidence; friends at school (not only among staff or carers); educational institutions in a holistic perspective of health and care.…”

Monitoring mechanisms designed to serve persons with intellectual disabilities: exploring the implementation of Article 16 CRPD in Cyprus

“…Secondly, they must operate within a CRPD human rights framework. However, the regulatory framework the SWS operates within is not a human rights or a CRPD human rights framework (Symeonidou 2015;IAPRPD 2016a). Further, SWS staff are not familiar with the CRPD's provisions (IAPRPD 2016a), and the Independent Authority for the Promotion of the Rights of Persons with Disabilities (IAPRPD) has recommended SWS staff should receive training on the CRPD's provisions and the social model of disability (OCAPHR 2014a).…”

“…Given the concerns about the insufficient implementation of Article 16 by the UN CRPD Committee, and the apparent domestic failure to investigate allegations of abuse at the St Stephens Institution, it is important to understand what existing mechanisms are already in place (pre-dating ratification of the CRPD) to monitor facilities that serve adults with intellectual disabilities in Cyprus. Such facilities operate in the form of day centres, institutions and houses in the community; they are run by the state, or are privately run by charities or foundations (SWS, 2014a; Symeonidou, 2015). Authorised to inspect or visit these facilities are three governmental and semi-governmental bodies, which are: the SWS;the CPMRP; andthe IAPT (CPMRP, 2014; IAPT, 2014; SWS, 2014a; OCAPHR, 2015; Symeonidou, 2015).…”

“…In 2012, it considered reform of the Mentally Retarded Persons Law of 1989 ‘necessary’ to bring it in line with the CRPD (CPMRP, 2012, p. 20). Further, multiple attempts have been made by the Committee to achieve reform of the 1989 legislation in the form of legislative Bills; nevertheless, no changes have been achieved (CPMRP, 2010a; 2012; 2014; Symeonidou, 2015). The absence of legislative reform is linked to a number of domestic tensions: there was a tension concerning whether the Committee, in its capacity as a semi-governmental organisation that is funded by the Ministry of Labour, could be granted authority to monitor other state facilities.…”

“…Another tension concerned the issue of potential overlap of roles: for example, a Bill was put forward in 2012 but was not promoted by the Ministry of Labour because it was concerned that there would be overlap between the Committee's role and the independent mechanism's role (held by the IAPRPD, in view of Article 33(2) CRPD) (CPMRP, 2012). The most recent suggested legislative amendment was a Bill proposed in 2013 by the Department of Social Inclusion for Persons with Disabilities; this was the Protection and Safeguarding of the Rights of Persons with Intellectual Disabilities Bill of 2013 (CPMRP, 2014; Symeonidou, 2015). This Bill, however, was again objected to, this time by the Cypriot Confederation of Organisations of the Disabled (CCOD) and the Pan-Cyprian Parents Association of Retarded Persons (PCPARP), because the Bill would have had the effect of restricting the Committee's role to one that would be purely consultative (CPMRP, 2014).…”