Archive for the ‘United Nations’ Category

Academic confirmation we have all been waiting 7 years for- AYLWARD’S REPUTATION DESTROYED BY ACADEMIC EXCELLENCE


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 Courtesy of Mo Stewart July29th 2016

Re: Blaming the victim, all over again: Waddell and Aylward’s biopsychosocial (BPS) model of disability.

by Tom Shakespeare, Nicholas Watson and Ola Abu Alghaib

 

Critical Social Policy, May 25,2016: 0261018316649120

http://csp.sagepub.com/content/early/2016/05/25/0261018316649120.abstract

AS you all know, I have been exposing the dangerous WCA in my research since 2009.  Eventually, I was able to expose the use of the totally discredited biopsychosocial (BPS) model of assessment, used for the WCA and adopting a ‘non-medical’ assessment model to resist funding benefit.  Waddell and Aylward’s ‘research’ was based on the modified version of Engel’s BPS model as identified in the 1970s. They are responsible for the BPS model used for the WCA, which has destroyed countless lives.

 

Finally, the very long awaited academic support has arrived in the form of a blistering attack against Mansel Aylward and Gordon Waddell’s research ‘evidence’ who, historically, have written DWP ‘commissioned’ research that has influenced government policy, which led to the introduction of the WCA.

 

Originally published in Critical Social Policy Journal, Tom’s scathing attack against the BPS duo is now attached and is available via Tom’s website at UEA: https://ueaeprints.uea.ac.uk/58235/1/1351_Shakespeare.pdf

 

The Waddell-Aylward BPS has remained largely unexamined within academic literature, although it has not escaped critique by disability activists (e.g. Jolly 2012, Berger n.d., Lostheskold 2012, Stewart 2013). In this paper we build on these political challenges with an academic analysis of the model and the evidence used to justify it. We outline the chief features of the Waddell-Aylward BPS and argue that, contrary to Lord Freud’s comments above, there is no coherent theory or evidence behind this model. We have carefully reviewed claims in Waddell and Aylward’s publications; compared these with the accepted scientific literature; and checked their original sources, revealing a cavalier approach to scientific evidence. In conclusion, we will briefly outline the influence of the Waddell-Aylward BPS on contemporary British social policy, and the consequent effects on disabled people.” (p4) (My emphasis MS)

 

Waddell and Aylward slide between general statements that are scientifically valid, and specific statements that are matters of opinion or political prejudice. They also tend to cite their own, non-peer reviewed papers extensively. For example they claim ‘We have the knowledge to reduce sickness absence and long-term incapacity associated with common health problems by 30–50%, and in principle by even more’ (2010, 45). They underpin this claim by reference to one of their earlier publications, Concepts of Rehabilitation for the Management of Common Health Problems (Waddell & Burton 2004). However, there is no evidence cited in this 2004 work to support such a claim, in fact this publication even acknowledges the paucity of evidence in this area (Waddell and Burton 2004; 50).” (p20)

 

“In conclusion, the relationship of the advocates of the Waddell Aylward BPS to the UK government’s ‘welfare reform’ does not represent evidence-based policy. Rather, it offers a chilling example of policy-based evidence.” (p24)

 

The research ‘evidence’ used by the DWP to justify the dangerous WCA, using the discredited BPS model, is finally exposed as having ‘no coherent theory or evidence behind this model’, which is academic speak for being totally bogus.

 

 

Is DRUK Trying To Silence Disability Researcher?


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Disability Rights UK (DRUK) have been around a long time, helping disabled people navigate the benefits system with their informative fact sheets available to download from their website.

Like many other charities, gradually, DRUK have been sitting at the table with government officials in the designing of the WCA since 2010, offering both critique and praise alike.

Many will know that DRUK have recently been afforded Government contracts to supply Disability Equality Training to the new contractor, Maximus, for the WCA assessments to ensure disabled people get better treated  within the process. I am sure that DRUK think they are trying to ease the stress these flawed assessments cause many disabled claimants. However, how can you offer help to disabled people then, with the same breath, support the oppressive regime the WCA has become?  This smacks of conflict of interest.

As many disability campaigners know one of their own, Sue Marsh (Spartacus Network), was co-opted by IDS to work for Maximus. This caused much outrage amongst the disability movement dividing many campaigners into two camps, with some calling Marsh a traitor who they deemed was bought to silence her, and others, as Spartacus members gave personal stories etc to the network. Members felt betrayed and concerned as to where their data was, and how it could be used against them come reassessment, with Marsh now working for the government contracted oppressor of disabled people who are dying in their thousands.

 

Benefits and Work  website reported in January 2015

Following its signing of disability campaigner Sue Marsh earlier this month, Maximus – the company taking over the work capability assessment contract from Atos in March – have now signed up a leading disability charity as well.

Disability Rights UK (DRUK) have announced that they have agreed a contract to deliver training in disability equality to Maximus health professionals.

DRUK has over 300 member organisations, including many national charities, and aims to ‘Break the link between disability and poverty’. Maximus, which is being paid more than double the amount that Atos was being paid to carry out WCA’s seems keen to prevent potential opponents from slipping into poverty by sharing some of its taxpayer funded profits with them.

DRUK are also advertising for people to take part in what looks very much like a promotional campaign for income protection insurance – the sort of thing that Unum provide as an alternative to state support – though there is no suggestion that Unum are involved on this occasion.

Members of the public who have had a serious illness and are trying to return to work are offered the amounts of money and support they would have had if they had been wealthy enough to afford to take out income protection insurance cover. They are filmed as they make the return to work and these films can then be used to encourage people to take out income protection insurance.

Of course, the worse the level of state benefits and state support, the more easily people can be persuaded to take out such insurance, giving insurance companies a vested interest in maintaining the link between disability and poverty.

 

The Black Triangle Campaign and Disabled People Against the Cuts  have also  highlighted on their respective websites many of the shortcomings of this government’s failure to ‘Help the most vulnerable in society and protect them,’ with DPAC going to the UN which recently found that disabled people’s human rights were breached under the convention. (Links below)

Make no bones about it, private disability insurance is on its way under Tory rule as we follow the examples of USA, Canada, Australia etc of welfare provision, which is soon to be highlighted in a new book by independent disability studies researcher, Mo Stewart, called Cash Not Care- the planned demolition of the UK welfare state, due to be published later this year. Former healthcare professional and disabled veteran Mo Stewart has spent 6 long years gathering information, which has assisted many disabled campaigners in their fight against these ideological reforms, which caused preventable harm to disabled people and saved very little money for the government; a pledge they used to sell this lie to the public who bought it hook, line and sinker. Mo’s very detailed research reports are available online.

 

You may wonder that I have wandered off topic but you need to understand the background before I lay the cards on the table.

It seems that DRUK would like to now garner the services of researcher Mo Stewart on the new APPG Inquiry regarding ‘Welfare to Work’ which they administer, and which is the next step of this government’s ongoing psycho- coercion to force claimants into work, regardless of the harm it will cause. They fail miserably to understand that many chronically sick and disabled people cannot work, and that their health problems are permanent, as they built the welfare reform policies based on so called ‘academic research’ which has been subsequently demonstrated to be fatally flawed, in the case of the Freud Report, and based on totally bogus research in the case of the DWP evidence used to justify the WCA. http://csp.sagepub.com/content/early/2016/05/25/0261018316649120.abstract

The aim is to go beyond a critique to a template or blueprint for co-ordinated Government action to halve the ‘disability employment gap’.  Even those who want to work (and many disabled people do work), due to the barriers they face regarding access, together with employers who are unwilling to take disabled people on in the workplace, or to make the necessary adjustments needed, they can’t.  For example, most buildings, transport etc are not disability friendly.

Many disabled people are now being put through the Personal Independence Payment (PIP) assessments and are actually losing both their Motability cars, and their jobs, as many disabled people are unable to use public transport.  So, the removal of access to a Motability car also means the loss of paid work. Yet another consequence of welfare reforms the government failed to consider.

What bit of this do the DWP fail to grasp is mind boggling, and clearly lacks any common sense.  Without addressing the barriers, and accepting that many cannot work, is the sole reason the government has failed to halve the disability employment gap as they claimed they wanted to do.  That claim always was little more than propaganda and Tory party rhetoric used in the ongoing psycho-coercion of the British people via the right-wing press.

Thankfully, Mo Stewart declined the offer to join the APPG government inquiry. She challenges the theory behind the planned report, does not wish to be the ‘token’ disabled person on the research team, and there would be a risk that any negative reaction to the eventual report by the disability support groups could be justified by the DWP when highlighting Mo’s contribution. She totally refuses to become another government ‘patsy.’

So, Mo declined the invitation to join the APPG Inquiry research team and is waiting for her book to be published, which is a strong indictment of all those involved in the WCA process. This is the research the government attempted to stop, and the book the government do not want people to read.

She’s also writing further research to support disabled people, and the DWP have discovered that Mo is not easily silenced in her condemnation of these American influenced welfare reforms that she has spent over 6 years of her life researching and reporting.

 

Lynne Friedli’s powerful talk regarding the psycho-coercion used by the state is well worth 45 minutes of your time, demonstrating the realities of the state using psychosocial rhetoric to enforce work that may be unpaid and certainly, for many, will be harmful.(You Tube link)

 

https://www.researchgate.net/profile/Mo_Stewart/publications

http://www.whywaitforever.com/dwpatosveterans.html

http://guerillawire.org/welfare/disability-charity-signs-maximus-contract/

Leading WCA campaigner swaps sides to join Maximus

https://www.theguardian.com/society/2015/oct/20/un-inquiry-uk-disability-rights-violations-cprd-welfare-cuts

http://www.centreforwelfarereform.org/news/uk-in-breachhuman-rights/00287.html

http://www.disabilitynewsservice.com/scottish-police-assessing-possible-investigation-into-ids-and-grayling/

 

 

 

 

Life as a Campaigner – Not For Fainthearted


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I have been thinking recently about life as a Campaigner  and all the trials and tribulations that go with that task. Disability Campaigners from all walks of life /backgrounds have fought the most brutal and sadistic of battles over the last 6yrs with unprecedented tenacity even the Government themselves have been surprised that we would dare to fight tooth and nail over the Welfare Reform Bill brought in 2010 and subsequent changes since like the Welfare To Work Bill, Social Care Act, ILF Cuts, Trade Union Bill and the mighty NHS Privatisation Etc.

Endless  personal sacrifices have been made to bring this Government to task over what can only be considered, a mercenary scorched earth approach to disability and employment which is targeting the poorest in society not seen since WW2. Not withstanding their own personal daily struggles of disability, caring responsibilities, and the stagnant job market many have found themselves under sustained attack from the Bedroom Tax, WCA, Benefit Cap, Universal Credit and DLA transitions to PIP (Personal Independence Payment), Workfare, Housing Benefit ,Deaths, and all the cuts that have been implemented, with much more yet to come, they have remained steadfast in their resolve. This takes a considerable effort in both time and energy to take this government to court, raise funds for court appeals, and do research to enable this to happen in the first place, engage solicitors/barristers while offering substantial support to those in need and engage their communities to get involved and on the street, while the rest of society ignores their calls for help and support and the Press & TV have been blocked form reporting the considerable harm to many, in some cases resulting in death. The loss of friends in the campaign movement has ripped out the heart of some of us, after all ‘we care’ why else would we be doing it.

We are accused of being self-serving, when in reality different factions may have different approaches, use different models even, but the stark reality is we have Humanity, Compassion for our fellow human beings regardless, with the main ingredient of  CARING and wanting ALL to have a decent standard of living without fear of persecution from those in power who decide on changes that affect our lives on a daily basis.

Campaigners do it because they absolutely believe it should be a human right to live in a fair and equal society and be allowed the same equality as anyone else in society enjoys, not be subjected to ‘grades of worthiness’ by the rest of society.

They took to social media in various forms and took the fight right to the heart on Central Government, they took to the streets , took to courts and lobbied Ministers to stop this onslaught from happening. It hasn’t been without its problems though, many campaigners have been subjected to Hate Crime, Cyber bullying, Government Interference by closing websites down, some of this  has even come from within their own community because of disagreements in ways to tackle the issues we all face, even down to whistle blowers from those contracted to carry out these policies, and those who chose to change their allegiances and work with the perceived enemy. We also bear the brunt of people’s anger and frustration when intervening ,leading many groups to place rules within groups to try to bring some social order and etiquette to prevent members being abused or themselves for standing strong on a particular point. Sadly  the negatives of social media also brings out the worst in people who think that they can be as abusive as they like from behind a computer screen,  trading insults with each other rather than just disagree and walk away, some not understanding the difference between debating and challenging a viewpoint then going off and causing mischief across the internet or stalking an individual because they had a fallout leading to cyber bullying and harassment. Some have had to resort to calling in the police due to their nature.

Many Campaigners  have supported those all night who cannot cope and prevented some of them from taking their own lives, offered support and directed those affected to reputable sources for help and support with the disaster of all the above mentioned changes, some have even gone along to tribunals and provided a means of emotional support to someone who feels their world is a dark planet full of enemies of the state, persecuting them into what they see as the only course of action is ‘their own demise’.

Hours of toil amongst their own ill-health  and other life commitments  have made a positive impact on many  lives and now the tides seems to be turning in our favour after the recent PIP debacle which saw ministers back down for now anyway. 12billion more cuts are yet to be implemented and no doubt many will already be standing on a cliff edge wondering whether or not to jump off the cliff as  they can bear no more, while others will just store up that anger  and kick off at the tiniest thing causing mayhem wherever they go and misdirect that anger at those who are trying to do something to stop this bloody mess, which isn’t only unfair on those under fire but those around them too. Its not an easy life for sure full of stress and strain and frustration, and when you stick your head above the parapet you can be certain, someone will want to blow it off, taking you down for no reason at all other than frustration or jealousy at your new found status of being seen as a ‘leading campaigner’ which is a label placed upon you by others within the movement or externally by those reporting the news and sequence of events. Some are pushed unwittingly to the forefront, while some wishing to remain in the engine room they all work together for the betterment of the whole movement overall yet expect nothing in return except respect and dignity that should be afforded to any human being. Campaigners do not do it for personal gain they do it to prevent pain and suffering to those who cannot stand up for themselves, to make the lives of many better than before, where possible. Britain is the first country to be investigated for grave violations to sick and disabled people by both the UN and ECHR.

I will end this blog with a simple message we can fight back ,we can overcome obstacles if we stick together. What this government wants  is to divide society into sections of society each kicking  7 bells of shit out of each other as the crumbs off the table become more scarce, what we cannot do is give them their wish of divide and rule we need to pull together on common ground and stand shoulder to shoulder with each other even if we disagree, we should not fall into the trap set for us to tear each other apart for we are all fragile human beings with a range of impairments. Love & Respect each other and put differences aside.

 

That reader, is only way to beat this government unite as one, for when we do, we are one hell of a formidable foe that scares the living shit out of our government.

Solidarity

The Criminalisation of the Working Class -Yes it’s Class War


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Observations I have made as have many other campaigners is the constant  oppression of the working class by those in power and those in the  chattering middle classes who believe this government is right to clamp down on the poorest in society and particularly those who cannot work due to disability, those who happen to be made redundant or become unemployed who happen to need support from the welfare state. Many claim Social Security Payments of one description or another that includes the so-called ‘Hardworking’ Poor on Zero Hour Contracts or Low Pay.

Most families in this country claim Child Benefit, some claim Housing Benefit or Council Tax help or Pension Credit top up for pensioners who don’t have enough to live on, yet feel this does not apply to them as they have paid their dues, well guess what -so have many claimants during their working lives! So come and get your scrounger badge here, we welcome everyone.

Claimants have become the scapegoat of society for the failings of successive governments to control the banking sector and the countries finances. They have become demonised, victimised and now criminalised for being poor and working class.  The few  have got greedier and greedier filling their pockets with profits over people with their gold spoils off the working man

The young have become victims of brutal cuts which they had no part in.We have many who are homeless living on the streets of Britain, forced to leave home in some cases rather than stay where they are to suffer abuses that most of us cant imagine, while denied any assistance to live independently with cuts to Housing Benefit, in a home of their own, forced into prostitution in some cases as means to survive, those who are able to claim some assistance are forced into apprenticeships, workfare or sanctions if not in higher education or university. Some people are homeless due to evictions  brought about by the Bedroom Tax or loss of Social Security payments many are young people but not all are. The Government has now given local authorities the all clear  for them to be prosecuted and removed from our streets as they try and brush them from sight so the public don’t hold this government to account, or are portrayed as economic migrants and beggars who are to be refused help, because they are too lazy to get off their backsides and work and pay taxes like rest of us or come from other countries seen as less worthy than our own indigenous people. Yet Corporate Multi-nationals are given tax breaks or avoid paying their fair share of taxes ,bankers are given bonuses for getting the country into the global crash of 2008 and the Conservatives do zilch about chasing these fraudsters which would wipe the national debt overnight if they did so, because they threaten to take their business  elsewhere to avoid any responsibility for their actions and successive governments capitulate as banks hold us to ransom, unlike in Iceland they throw them all in jail and are doing very well thank you.

Many have seen the Immigration card being played out which is another group who are to be blamed for societies ill’s, they’re coming here to take our jobs, they claim benefits they haven’t paid into the system for, they get free homes which is incorrect and misleading, yet in recent times the refugee crisis in Greece and across the world saw the public rush to help those caught up in wars they did not create, by sending supplies and begging their relevant governments to open the borders to let these people find some peace from the constant bombing of their country, while we the UK supplied some of the bombs and guns that they now need rescuing from because they have fallen, in some cases, into militant hands to oppress it’s people. We have seen a rise in race hate crime against anyone deemed muslim or a possible extremist.

Those with disabilities have borne the brunt of brutal welfare reforms which as seen swathing cuts to vital care packages and support and to those who care for them, those with mental health have been especially targeted by this government and many deaths have resulted in this particular group but not exclusively, and many disabled people have suffered massive increases in attacks not just on welfare but on the  themselves by those  who believe they are scroungers and not worthy of assistance. They have become targets of the false fraud tag, as criminals of taking unfairly taxpayers money, fiddling the system of billions of pounds when the truth is more is wasted by this government in error and by the DWP mistakes than in ‘actual’ Claimant Fraud 0.3% (0.9% overall if you include error) which is thrown together to mislead the public.  Various Government projects which are deemed a failure and take much more taxpayers money from the public purse than any claimant ever possibly could in a lifetime. They are brutalised by sanctions or the appalling WCA Assessment because their disabilities set them up to fail as the right provision they actually need to stay in work or start work is severely lacking both from employers and government alike. Many disabled people do work or would work if their needs were to be  properly considered, yet consistently fail to enforce reasonable adjustments on employers under the Equality Act 2010 as we are less productive than our able bodied counterparts. We also have to accept that many disabled people cannot work due to the nature of their disability and the impacts that has on their daily living.

We now have Iain Duncan Smith denying any causal links to his welfare reforms to harming disabled people but there are cases out there if you look like Michael O’Sullivan, Stephanie Botterell, Mark Woods ,David Clapson but there are thousands more who have lost their lives , yet still disabled people are persecuted not only by government but by those who really believe this governments rhetoric. Many are denied legal aid due to this government stripping away the right to justice making it impossible for most of society, whose only crime is to be poor.

To add insult to injury were are now seeing the criminalisation of the working poor who are the main clients in food banks even though many claimants whom are sanctioned or have benefit delays also use food banks, initially set up to mop up this governments mess of austerity as now being integral part of the welfare state he plans to put Welfare Advisors in them to mitigate his mess, alongside installing food banks in NHS hospitals and linking information gathered by these advisors to punish them further, this ruse is to tie in with his lifestyle choices cost the Government and NHS & Taxpayer to blame them further for being poor, so if you drink ,smoke obese or take illegal substances then your claims are at risk of being sanctioned if you don’t comply to forced treatment for your addictions, which not only is against your human rights. Not to worry though because your government is about to strip your Human Rights from you as well by pulling out of EU so they can carry on abusing you.

Workers and Unions are fighting for their lives tomorrow to stop the Trade Union Bill which is about stripping workers rights and the rights to withdraw your labour to hold your employer to account for injustices they deal upon you.

THIS IS CLASS WAR make no mistake about it, the criminalisation of the poor and working classes of this country have not been under such threat since 1930 Germany, only this time it isn’t just the jewish people at risk it is ‘all working class people at risk’ including those who do not fit into a capitalist society and are deemed unworthy by the elite ,while we will go down in history if we do not stand up and fight back, as collateral damage to benefit the deserving ruling classes. It is divide and rule tactics to divide us into two camps ,deserving and non deserving, which like the hunger games pit various factions within those two groups in a fight to the death of survival of the fittest.

You may think Im crazy  but history repeats itself more often than people think, and now is time to say enough is enough as it will be too late in a few years time and many more lives will be lost and when we have all gone, the chattering middle classes will take our place at the bottom as they cant climb to the top because the elite wont allow it.

We the people at the bottom are being criminalised for the mistakes at the top and denied justice ‘for all’ not the few, by those who inflict harm on those who dare stand up and say stop not in my name . It is time to hold them to account, the next person could be you if you happen to fall on hard times.

 

 

I Can See Straight Through Your Sick Games IDS


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We all know the suffering enacted by this twisted excuse of a man to those who claim benefits, but the only person benefitting from this is him and his cronies and Tory voters who think it is acceptable to batter into submission those at bottom of the ladder because of some ideological superior thinking of that they are more deserving than the rest of us at the bottom. The top feeders are bleeding this country of its wealth of resources in the name of a Lie…That lie is Austerity and Deficit. Recently we have had UN come over to investigate the violations of disabled people’s rights and in 2013 the un visited regarding the housing crisis and the bedroom tax and now they are investigating him again on similar matters to the first. We cannot continue to let this happen if we love our people and our country? In recent weeks the rhetoric has become so dangerous to those claiming social security benefits it become more than life threatening as the deaths caused by the welfare reforms are growing week by week and will continue to do so until this lunatic and this government are stopped. it has become a case of deserving against undeserving, the worker against claimant, the able bodied against the disabled/jobseekers in the eyes of the public, with media blackouts to truth both within press and on television. Every part of society is blind to this mans evil games while they scrabble around for crumbs off the table while they all blame each other these bastards are selling the family silver off right under your noses, while they use oppressive legislation to silence those who stand up to be counted or change the law to suit, and human rights abuses are sprawled all over place with the idea to rid us of them by removing our country from the EU to remove the Human Rights of its citizens.

Its is time to expose this government and IDS in particular  in any way we can before it really is too late and we are a few steps away from that happening, when will you all wake the fuck up!

IDS now denies all issues with welfare reforms causing deaths, homelessness, child poverty and so much more and he is such a slippery character he hoodwinks the nation by appealing to the brainwashed to support these lies. Mental health claimants have come under considerable fire due to stress and anxiety caused by the constant reassessment, target driven sanctions, the bedroom tax ,and workfare alongside their counterparts in the Work Related Activity Group who are deemed to be working towards the return to work once they have been through this dreadful process, those In the support group haven’t had easy ride either and they now have to deal with DLA to PIP transition where each benefit is used to deny any of the support they promised to protect. This government is now going to roll out another IAPT /CBT Programme to get those in WRAG to return to work telling them they are fit even if their GP or consultants say they are not, even cancer patients are being targeted by this vicious lot as if they don’t have enough to deal with, complicitly helped by GP’s who are being brow beaten under another of his schemes of ‘in work fit note regime’ if they are off ill, besides chop the amount people get by £30 a week in line with JSA. If you are not shocked now you should be, but the outcry this last week in the Lords over tax credits because it starts to affect workers was deafening, while the silence for those at bottom the last 6yrs has also been shamefully deafening  because it doesn’t affect them -YET!

Food banks have risen under this government by an alarming rate with many on low wages or on minimum wage frequenting them often as more and more hit that line where they can no longer sustain their families basic living. He now has come up with another hair brained scheme of duplicity not only to attack those with Mental Health into IAPT/CBT programmes but now wants to place welfare advisors into food banks under the guise of help ,which while in ideal world wouldn’t be bad thing, in this case it most certainly is as this will cause mistrust of food banks therefore driving down the need for food to back up his ludicrous claims people are going for a free lunch, while collecting lifestyle data and then deny them benefits until they comply with his next scheme of lifestyle changes to those with addictions or obesity issues. The evil of this scheming swine know no bounds at all, but I am on his tail and I can see right through him like a pane of glass, and I will scrutinise every mortal thing he does or says to unravel his deceit to this nation and expose his lies for what they are! He punishes the young for something they were not to blame for, he punishes the disabled for being so, he punishes the job seeker without creating many jobs, he blames immigrants for being in country, and blames workers living on poverty wages for being poor, while his government and cronies get richer off the backs of all taxpayers and rewards the guilty bankers with bonuses and tax deductions for businesses, and finally blames labour for the global economic crash. This blithering idiot spent 8.5 billion pounds on a CGI animated  fluffy cuddly monster called ‘Workie’ to tell people about pensions before he snatches their pensions away. The recent announcement that advisers in foodbanks will only feed into his data mining of peoples lives and lifestyle to deny them any support, people will not attend food banks due to fact advisors linked to DWP in situ, this in turn  will reduce food bank use to help him prove a point that people are onto free lunch and not getting jobs while the taxpayer picks up bill. It a case of told you so, that is what this is about sleight on hand.

We need to call time on this government and those who support this lie to account before it is too late. Bevan created the welfare state to support you in times of hardship creating a safety net for all and a NHS to make sure the nation’s health was bettered, yet in it function of 70 yrs long this government has dismantled it  in less than 6 yrs in the name of capitalist greed for the few while the many die like flies, and our elderly are left to rot in a cash starved NHS or Care Home or denied treatment because they live too long.in a country which has always seemed just, this is now a fight to survive, and survival of the fittest will be victors.

If you the people allow this to continue then you have blood on your hands as well as this government. It is time to act and stand and support each other and put your differences aside and stand shoulder to shoulder to fight for what little is left before it is too late!

http://dpac.uk.net/2015/10/why-are-the-un-investigating-the-uk-government-for-potential-breaches-of-disabled-peoples-human-rights/

http://www.morningstaronline.co.uk/a-b992-Foodbank-Stunt-Smells-Rotten#.VjGGpitlsZl

http://www.welfareweekly.com/job-advice-to-be-offered-at-food-banks-iain-duncan-smith-tells-mps/

http://www.welfareweekly.com/tax-credit-cuts-delayed-as-house-of-lords-defies-tory-threats/

http://www.welfareweekly.com/benefit-cuts-could-leave-cancer-patients-without-a-financial-lifeline-charity-warns/

http://www.disabilitynewsservice.com/more-than-100-a-week-losing-their-motability-vehicles-thanks-to-pip/

http://www.personneltoday.com/hr/government-tells-employers-they-can-overrule-gp-fit-notes/

http://www.welfareweekly.com/cameron-dismisses-un-inquiry-into-grave-and-systematic-human-rights-violations/

http://www.mirror.co.uk/news/uk-news/un-investigate-duncan-smiths-benefit-6725563

http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16667&LangID=E

http://www.thenational.scot/politics/robertsons-tenacity-praised.9340

http://www.thenational.scot/politics/disabled-should-work-their-way-out-of-poverty-says-iain-duncan-smith.8468

http://www.theguardian.com/money/2015/oct/28/welfare-cuts-are-now-becoming-a-matter-of-life-or-death

http://www.theguardian.com/society/2015/oct/28/nhs-hospital-tameside-food-parcels-patients-risk-malnutrition

http://www.independent.co.uk/news/uk/politics/benefits-sanctions-are-working-the-way-they-are-supposed-to-iain-duncan-smith-says-a6712041.html

http://www.msn.com/en-gb/health/medical/malnutrition-and-other-victorian-diseases-soaring-in-england-due-to-food-poverty-and-cuts/ar-BBmvrto?li=AAaeUIW&ocid=mailsignoutmd

https://www.psychologytoday.com/blog/hidden-motives/201510/the-myth-welfare-dependency

http://www.eveningtimes.co.uk/news/13902019.No_link_between_sanctions_and_suicide_says_Iain_Duncan_Smith/

UN Procedures under the Convention on the Rights of People with Disabilities (CRPD)


Legacy

 

As widely reported in the press an online campaign group Disabled People Against Cuts have reported to the UN to raise the grave violations against disabled people in the UK. Many do not understand the procedures surrounding this as it is very complex. The rest of this Blog is written (name supplied) by a guest person who can explain it to those of us who don’t understand it,  so we understand how important  and ground breaking this really is.

How the complaints mechanism to the CRPD applies.

The CRPD Is an international treaty, an international legal instrument known as a ‘convention’, to which the UK Government is a signatory State and ratified in 2009; therefore ratification means that the UK Government has agreed with the United Nations (UN) to be bound by the terms of this instrument. In addition to ratification of the main instrument the UK Government has also signed the Optional Protocol to the CRPD, (OP) acknowledging that as a State Party to the OP ‘recognises the competence of the Committee on the CRPD to receive and consider communications from or on behalf of individuals or groups of individuals to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention’.

 

The Committee for the CRPD is a ‘treaty body’ invested with power to monitor the implementation of the CRPD, within signatory member States. This treaty body constitutes a body of independent experts.  As with other UN treaty bodies equipped with complaints mechanisms, the CRPD Committee is not a court with judicial powers; the Optional Protocol to the CRPD provides a quasi-judicial procedure; this means that decisions of the CRPD Committee are not legally enforceable such as domestic court judgments, or some other regional judicial mechanisms (as seen with decisions of the European Court of Human Rights).  If a violation is found, the Committee’s views are communicated to the State party involved, which constitute recommendations which need to be implemented.  Technically, such recommendations may not be legally binding, however, decisions of the CRPD Committee will be authoritative interpretations of the CRPD, therefore beyond the realm of application within the State party (in this instance the UK Government) involved in a complaint.  Decisions will be of great value in the exercise of implementing provisions on the ground in ALL States parties to the CRPD.

 

Ultimately, the effectiveness of the communications mechanism depends on political will of the State party (here the UK Government) to recognise the Committee’s competence, AND to abide by their decisions. Initially, the use of the communications procedures depends on sufficient awareness of the instrument and the capacity of individuals, organisations of persons with disabilities and Non-governmental Organisations to identify victims, recognise violations and lodge complaints to the Committee in accordance with provisions of the OP.  The Committee for the CRPD is already facing great constraints due to few resources and limited time for meetings allocated to them.

 

Awareness of the OP to the CRPD can be achieved via publication of communications lodged to the CRPD Committee. The CRPD Committee treats all communications confidentially: it is the prerogative of the individual or group of persons or victims of violations, to decide for themselves whether they wish to make their complaint public.  It may be their complaint has already been made public as a result of domestic court proceedings.  A simple press release when lodging the complaint can help raise awareness of this mechanism and lead others to its utilisation.  If this information is being disseminated by a disabled persons’ organisation or non-governmental organisation, or an author of the communication on behalf of the individual or group, it is imperative to obtain their express consent to publicise the case.  Additionally, it is possible for the victim(s) to protect their anonymity when making such communication public.

 

Procedure after registration of the complaint.

Once a complaint has been registered, the case will be transmitted to the UK Government, who will be given an opportunity to provide its observations on the admissibility and merits of the communication. The UK will be given a deadline of six months for its observations on admissibility and merits; two months for the observations on admissibility only.  Once the UK Government submits its observations, they are transmitted to the complaint(s) for comments.  Once the author’s comments are received, the case can be considered by the Committee.

 

The whole procedure is carried out in writing: there are no oral hearings. During examination of a communication, the Committee may obtain documentation from other organisations within the UN system or bodies which may be useful in consideration of the communications, provided the Committee can afford each party an opportunity to comment within fixed time limits.

 

Determination of admissibility and a decision on the merits of the complaint(s) is usually considered simultaneously and may be split at the request of UK Government (if the Government contests admissibility within two months of being communicated the case by the Committee). Any decisions on admissibility and/or the merits are determined within the Committee by a simple majority and transmitted to the author of the complaint and the State party simultaneously.

 

If the Committee finds that the UK Government has failed in its obligations to the individual or group of individuals, recommendations will be issued to the UK Government for provision of a remedy for the individual /group concerned and the Committee will request a follow up of information within six months. The Committee’s final decision on the merits of a case or of a decision of inadmissibility is posted on the website of the Office of the High Commissioner for Human Rights.

 

Interim measures.

At any point after receiving a communication, and before a determination on the merits is reached, the Committee may transmit an urgently requested consideration to the UK Government. This request is for interim measures to be made, to avoid irreparable damage to the victim(s) of the alleged violation.[1]  If the author of a complaint wishes to request the Committee to consider undertaking interim measures, the original complaint should have stated so at the outset, or if the need arises at a later period, an urgent request should be transmitted to the Committee.  The risk of irreparable harm must be imminent, real and personal.  The UK Government could contest the continued application of interim measures, and on the basis of their explanation or submitted information, interim measures can be withdrawn by the Committee

 

Follow up to the Committee’s decision.

The UK Government would then be invited to provide information on implementation of the Committee’s views within six months of their decision. At this point in proceedings the Committee shall designate a Special Rapporteur or working group for follow-up, to establish measures to be taken by the UK Government and determine whether effect has been given to the Committee’s views.  In the context of follow-up activities, the Special Rapporteur or working group may make contacts and take action appropriate to their mandate, for example with the approval of the Committee and the State party itself, they may make necessary visits to the UK. Follow up activities will be regularly reported to the Committee and to the UN General Assembly, in the Committee’s biennial report.

 I hope that this helps my readers understand the complex way UN works and  acknowledge those who have worked tirelessly to put disabled peoples concerns forward, in a bid to bring the UK and particularly IDS to justice.