UN Experts “Dismay” at “Discriminatory” Actions of DWP Ministers
The UN’s committee on the rights of Disabled persons* (CRDP) is already examining concerns about the government’s new Universal Credit Cuts Act, its mental health legislation and potential breaches of the UN Convention on the Rights of Disabled Persons (UNCRDP). This followed letters the UN wrote to the UK government expressing concerns about the two pieces of legislation, as a result of evidence submitted by grassroots Disabled people’s organisations (DPOs).
The special rapporteurs on the rights of Disabled people and on extreme poverty and human rights have now added their concerns, writing a joint letter to the government that adds even fiercer criticism of measures to cut disability benefits.
In the letter, Heba Hagrass and Olivier De Schutter say they are “deeply concerned” at measures in the new Universal Credit Act which signal “further retrogression in the availability and accessibility of social security for those at heightened risk of poverty”.
They say in the letter: “On its face, the new two-tier system for the UC health element whereby new claimants will receive a significantly lower amount of the same benefit solely because of the date of their application appears discriminatory and unjustified.”
And they criticise the introduction of the government’s “problematic” severe conditions category, which is “not aligned with the concept of disability under the [UNCRDP]” and “penalizes people who are at particular risk of poverty while experiencing significant barriers to employment”.
They also say they are “gravely concerned” and “dismayed” that politicians and “senior governmental officials” have used language that “stigmatizes benefits claimants and suggests that claimants are abusing and cheating the system” when official statistics show “near non-existent overpayments” due to fraud.
And they point to the “lack of meaningful consultations” on the act, and the previous cuts to personal independence payment which were part of the legislation before ministers were forced to back down in the face of backbench opposition.
They say in their letter that they fear the cuts “may have put fiscal considerations” ahead of the government’s international human rights duties and could have a “disproportionate impact” on Disabled people’s rights, particularly the right to a decent standard of living and the right to be “closely consulted and involved in policymaking”.
As well as UNCRPD, they also point to the UK’s duties under the International Covenant on Economic, Social and Cultural Rights (ICESCR).
And they point out that both CRPD and the UN’s committee on economic, social and cultural rights have already warned that these rights have been eroded by previous governments over the last decade.
They also say that the “rationale” for the cuts seems to be based on looking at rising numbers of claimants, rather than carrying out a “comprehensive analysis and response to the causes behind the increased prevalence of disability and long-term health conditions” and the challenges Disabled people face.
Ministers have now been asked to explain their decisions – and further reforms to disability benefits and employment expected in a white paper this autumn – and how they comply with UNCRPD and ICESCR, and to say what steps they are taking to guarantee Disabled people’s rights.
Source and for more information see Dismay’ at ‘discriminatory’ actions of DWP ministers, in third letter from UN experts to UK in just two monthsDismay’ at ‘discriminatory’ actions of DWP ministers, in third letter from UN experts to UK in just two months available from disabilitynewsservice.com.
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*As a Disabled-led organisation, we use social model language to describe Disabled people – as opposed to ‘people with disabilities.’ As part of the delegation to the UN, DR UK alongside other activists, unions and DPOs, agreed to call it the UN Convention on the Rights of Disabled Persons (UNCRDP) instead of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). This is a linguistic choice that comes with the understanding that language can be political.