The Dutch Case

July, 7, 2015Dr. Alice Schippers Disability Studies, Medical Humanities, VU university, Amsterdam

Article 12 of the UNCRPD

Els’ Story

Els Jansen (not her real name): woman of nearly 50Self advocate, employed at a national DPOAbove all: in love!

Legal guardianship since the age of 18, because of ‘several labels’Her partner bought a double bedSupport staff informed her mentor, without informing ElsMentor doesn’t give permission to marryEls is suing her guardianship in court

Els is ready to ‘fight for her rights’

Timeline Ratification & Implementation UNCRPD

2006 UN CRPD• 2007 Netherlands signed• 2007- 2011 ‘little happened’ (Pillay, 2012)• 2010-onwards pressure by DPO’s: Coalition for Inclusion• 2012-2013 impact research on legal and financial

consequences • 2014 – proposal for ratification prepared by

Government, sent to parliament • 2015 – jan-aug: consultation rounds by parliament• 2015 – autumn: ratification expected

Dutch context/1: some issues -> Some laws conflict with the Convention’s Art

12

Historical context• Less rights based discourse• Less prescriptive legislation (laws follow practice, instrumental)• Solidarity: ‘polder model’ (group based, rather than individual)• charities and local communities were responsable:

tend to patriarchal attitudes and disabling practices

Dutch context/2: some issues

Modernisation and professionalisation-> terms and practices like Person-Centred Planning and

individual education:

lip service

-> central government

‘don’t interfere with the local community’

-> 2015: ‘Participation society’: new wine in old bottles?• massive changes in care and education: • decisions and provisions moved to local community, and budgets have

been cut

Impact on UNCRPD Implementation

-> PWD: receiving support from family members, neighbours, volunteers – • can be good, • but can also mean inexpert, patriarchal, infantalising or

even abusive treatment

-> Return to old models, before modernisation/professionalization – • PWD ‘deserving’ and ‘thankful’ to basic services, • expected to fit in with community norms rather than being

included as they are

Els’ story

Illustrates conflict of the current Dutch situation with the Convention’s Art. 12 • ‘best interest’: of whom?• shared decisionmaking• importance of contexts (historical, political, social)• right to take risks and make mistakes• QOL- outcomes? ‘Fight for her rights’ – self esteem

Real change?