Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697750361957.pdf (Ireland)
Opening Statement for Disability Matters Committee Thursday, 13th October 2022 Introduction Thank you Chair for inviting Mental Health Reform here today.

My name is Ber Grogan and I am the Policy and Research Manager and I am joined by my colleague, Suzanna Weedle, our Policy and Advocacy Coordinator.

At the outset I would just like to say that if anyone is listening in or watching this morning that there are online and phone supports available to people.
Sometimes these conversations can be upsetting for people so please do reach out for support if needed.

You can see hse.ie/mentalhealth for a list of supports.

Information on our member organisations is available on our website mentalhealthreform.ie.

Mental Health Reform (MHR) is Ireland’s leading national coalition on mental health.

Now with 81 member organisations, we work together for progressive reform of mental health services and supports in Ireland.
We do this through research, innovation, policy, advocacy and listening to the experiences of our member organisations, who work directly with people with lived experience of psychosocial disabilities and their family, friends, carers and supporters.

Mental Health Reform is also a funded member of the Disability Participation and Consultation Network (DPCN).

We are delighted to be here to discuss considering a rights based approach to disability in mental health.
I will use the term ‘psychosocial disabilities’ throughout my opening statement but would note that the phrase used in our national mental health policy, Sharing the Vision, is ‘mental health difficulties’.

There are three key areas that I would like to highlight in my opening statement: 1 1.

The rights of people with mental health difficulties, 2.

The UNCRPD; and 3.

The relevant legislative changes in mental health.

1.
1.

The rights of people with mental health difficulties People who have long-term mental health difficulties have rights under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

The term used by the United Nations to describe people living with enduring mental health difficulties is “psychosocial disabilities”.

This is not about a medical diagnosis; it is about the interaction between someone with a mental health difficulty and their social environment.
Psychosocial disability refers to the functional impact or barriers that those living with enduring mental health difficulties experience every day.

For example, under the Convention people living with psychosocial disability should not be discriminated against based on their mental health experiences.

This is true also of Ireland’s Equality legislation.

People may choose not to identify as disabled or with a diagnosis but the fact remains that they have rights.
People with psychosocial disabilities face high levels of stigma and discrimination, have higher costs of living and are at risk of living in consistent poverty.

In fact, the Cost of Disability Report 2019 shows that the average cost of having a mental health difficulty amounts to €13,251 per year which is a significant financial burden to bear.

People with psychosocial disabilities are not a homogenous group of people and we must always keep individuality and intersectionality in mind.
It is important to note that a person with psychosocial disabilities may for example also be a Traveller, a person with Intellectual Disability or a LGBTQI+ person.

These groups of people already experience marginalisation and stigma so the stigma of having a mental health difficulty can be compounded in those instances.

That is why these groups are listed as priority groups in Sharing the Vision.
Priority groups also include people experiencing homelessness, people in prison, ethnic minorities and others.

This priority focus must extend beyond policy into tangible action.

2 2.

The UNCRPD The UNCRPD sets out a series of obligations on States to ensure that persons with psychosocial disabilities have full protection of human rights.

Article 4.3 states that disabled people and Disabled People’s Organisations (DPOs) should be consulted in legal and policy developments relating to their rights.
Psychosocial disabilities can be invisible disabilities and therefore, it is important to inform people that they have rights under the UNCRPD, under Equality legislation and other human rights instruments.

It is very welcome that the Committee is examining this matter today and raising this awareness.

All of the articles of the UNCRPD extend rights to people with enduring mental health difficulties.
As you know, Ireland is one of only three EU Member States not to have ratified the Optional Protocol to the UNCRPD.

This is the mechanism that allows disabled people to take complaints to the United Nations.

MHR respectfully requests that the Committee urgently progress this matter.

The State must ratify the Optional Protocol without delay.

The State must also remove the reservations on Articles 12 and 14.

This leads me to my final point.

3.


The relevant legislative changes in mental health As you know, the Assisted Decision-Making (Capacity) Act 2015 is set to finally be commenced and implemented from November 21st this year.

This historic and long-awaited legislation is interlinked with the reform of the Mental Health Act 2001.

Article 12 of the UNCRPD states that State Parties shall recognise that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
Article 14.1.b states that people should not be deprived of their liberty unlawfully or arbitrarily, and that the existence of a disability shall in no case justify a deprivation of liberty.

Regrettably, the State has reservations on both of these articles which means that it will not fully realise these rights for people with psychosocial disabilities.

People with psychosocial disabilities are the only group of people who are being excluded 3 from their rights in this way.
We would urge the Committee to address this discrimination with the Government.

We would like to acknowledge the significant work done by Minister O’Gorman, Minister Butler, Minister Rabbitte and others on bringing forward an amendment to the ADM Bill but more must be done for full equality to be enshrined in this legislation.

The Bill to reform the Mental Health Act must be brought to the Houses by January 2023 at the latest.
Conclusion In conclusion, Suzanna and I are very much looking forward to this morning’s conversations.

This Committee is in a unique position to hold the Government to account on its obligations under the UNCRPD.

We ask you to ensure that people with psychosocial disabilities are not forgotten in this important task.

Go raibh maith agaibh.


For more information on any of the above content please contact Ber Grogan, Policy and Research Manager at bgrogan@mentalhealthreform.ie or at 083-0894186 The Scheme to Support National Organisations (SSNO) is funded by the Government of Ireland through the Department of Rural and Community Development Mental Health Reform, Coleraine House, Coleraine Street, Dublin 7, D07 E8XF.

Registered Charity Number: 20078737.

CHY Number: 19958.

Company Registration Number: 506850.

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