fundamental rights protection of persons with disabilities living in institutionsjustice that works conference, validity foundation (21 november 2024, budapest)christina dimakououtline1.fra’s work on disability2.children and women with disabilities who are victims of violence –an insight to fra relevant work and findings 3.fra’s project on ‘fundamental rights protection of persons with disabilities living in institutions’1fra’s work on disability fra and disability•fra mandate / socio-legal analysis•eu charter of fundamental rights and the rights of persons with disabilities•eu accession to the crpd •fra as part of the eu crpd monitoring framework what fra does: -examines where legal and social barriers exist-identifies practices to empower people with disabilities -develops human rights indicators•involuntaryplacementandinvoluntarytreatmentofpersonswithmentalhealthproblems(2012)•legalcapacityofpersonswithintellectualdisabilitiesandpersonswithmentalhealthproblems(2013)•violenceagainstchildrenwithdisabilities:legislation,policiesandprogrammesintheeu(2015)•frominstitutionstocommunitylivingreportseries(2017)➢parti:commitmentsandstructures➢partii:fundingandbudgeting➢partiii:outcomesforpersonswithdisabilities•implementingtheunconventionontherightsofpersonswithdisabilities:humanrightsindicators(2018)•politicalparticipationofpeoplewithdisabilities–newdevelopments(2024)selected fra reports on disabilities21.children and women with disabilities who are victims of violenceviolence against children with disabilities in institutionsmain focus of the research methodology: desk research in 28 eu ms and 132 interviews with national bodies implementing the crpd. key findings: -prevalence of violence for children with disabilities-institutionalisation is another factor increasing vulnerability and risk of abusefra opinions✓advancing deinstitutionalisation efforts ✓strengthening the monitoring of institutions✓collecting disaggregated data mapping child protection systems in the eu – update 2023chapter (5) for identification and reporting procedures for children in need of protectionchapter (6) for monitoring, deinstitutionalisation, prevention of violence & access to jucticeviolence against women surveys 1st survey conducted in 2012 – 2013 (report published in 2014)-42.000 women between 17 and 74 interviewed in 28 eu ms -main findings on women with disabilities: ❖higher prevalence of violence / various types ❖link to women’s age❖sexual violence during childhood2nd survey conducted in 2023 -covering 8 eu ms -in cooperation with eige and eurostat- key findings to be published on november 25, 2024- main results report to be expected in 2025 3fundamental rights protection of persons with disabilities living in institutionswhat? fra’s project on the ‘fundamental rights protection of persons with disabilities living in institutions’ ͗ •examines how duty bearers mitigate the risk of violence of persons with disabilities in institutions and how they respond to cases when these occur.•complements fra’s activities as member of the eu framework for the un convention on the rights of persons with disabilities (crpd).•supports fra’s work on victims’ rights.responds to the eu disability strategy’s call on fra to “to examine the situation of persons with disabilities living in institutions in relation to violence, abuse and torture.”why?institutional care persists in the eu. •there are still at least 1.438.696 persons living in institutions.•the number of people in institutions did not substantially change over the past 10 years.•only small number of people live in small-scale / community-based services.•the number of children in residential care has slightly decreased; persons with intellectual disabilities and complex needs are most likely to still live in institutional settings.11why? (cont.)persons with disabilities are at higher risk of violence and abuse. •persons with disabilities in institutional settings particularly vulnerable (social isolation, power asymmetries, depersonalisation and lack of ability to seek outside help). •persons with disabilities face considerable barriers when they try to report violations and access justice. why? (cont.)lack of comparative & eu wide evidence on: •experiences of persons with disabilities in institutions. •availability and function of formal complaints procedures.•possibilities to safely access informal complains systems (anonymous suggestion boxes, residents’ councils, etc.) external (third-party) complaints services.•monitoring by regulatory bodies & independent authorities.how? – research methodologydesk research through fra’s research network in member states (franet) •covering all 27 member states and 3 fra observer countries (al, mk, rs)•core areas explored through the desk research: ✓safeguards and accountability standards regulating the provision of institutional care in national legal and policy frameworks, incl. accreditation standards, privatisation of care, case law and drivers for change✓monitoring carried out by public regulators and independent bodies, its regularity, findings and recommendations ✓the availability and function of formal, informal and independent complaints mechanisms ✓victim support in terms of cooperation between competent actors and access to information and specialised services.how? – research methodology (cont.)fieldwork research through fra’s research network in member states (franet): •covering 10 member states (de, ie, hr, it, lv, mt, pl, pt, si, sk)interviews with national stakeholders (policy makers, service providers, human rights bodies, csos and dpos) aim at: •getting insights on challenges, gaps and promising practices arising thought practice & experience in the field•assessing the effectiveness of existing reporting channels, monitoring and complaints mechanisms, means of cooperation and coordination between relevant actors, and access to support services•identifying drivers for change and ways forwardinterviews persons with disabilitiesaim at:•anchoring the overall analysis and the report outcomesto thelived experiences of persons with disabilities in institutionshow? – research methodology (cont.)additional activities•cooperation with the european network for victims rights:✓questionnaire shared with experts from member states ✓responses received by 15 countries✓added value: focused on access to protection & support for victims of violence, notcovered in detail by the franet desktop research•fra in-house research •ongoing stakeholder engagementresults will feed into ͙legal and policy framework eu •victims’ rights directive revision / victims’ rights strategy •eu disability strategy•eu framework for monitoring the convention on the rights of persons with disabilities •eu funds – human rights compliance & deinstitutionalisation un•convention on the rights of persons with disabilities (crpd)•convention against torture and other cruel, inhuman or degrading treatment or punishment (cat) / subcommittee on prevention of torture (opcat)•crc, cedaw etc•special rapporteurs on disability, older people etclegal and policy framework (cont.)coe•european convention on human rights •european convention for the prevention of torture and inhuman or degrading treatment or punishment / committee for the prevention of torture (cpt)•mainstreaming disability and victims’ rights aspects throughout coe work click to edit master title stylefacebook.com/fundamentalrightstwitter.com/eurightsagencylinkedin.com/company/eu-fundamental-rights-agencyfra.europa.euthank you!fra – european union agency for fundamental rightsschwarzenbergplatz 11 – 1040 vienna – austriat +43 158030-0 – f +43 158030-699nevena.peneva@fra.europa.euchristina.dimakou@fra.europa.eu
