State’s lip service to disabled
In an on-going travesty of justice, family after family has been forced to fight a series of stressful and costly court battles in order to win basic educational and other rights for their children.
In one case after another, the State has sought to reduce the gains, either in terms of human rights or financial compensation, likely to accrue to the families concerned.
The reality is that legal obstacles have consistently been put in the path of the disabled as concerned parents invariably found they had to resort to the highest courts in the land in pursuit of justice.
Not so long ago Government policy was based on the principle that “the most important thing which any disadvantaged minority needs is goodwill and understanding.” But apart from paying lip service to such laudable principles, precious little else has emanated from a succession of administrations.
Thankfully, in the face of seemingly insurmountable difficulties, human courage tends to prevail. Because of the bravery and tenacity of individuals whose names have been etched in the public consciousness, attitudes towards disabled people have undergone a sea change.
But as experts quoted in the series point out, and as those at the cliff face of disability know only too well, goodwill and understanding are not sufficient to guarantee equal rights and participation of disabled people in the life of the community.
The reality is that faceless civil servants and highly paid politicians, who enjoy a more than generous portion of the benefits of society, must share a large measure of blame for a situation in which disabled people are still crying out for justice.
A recent attempt at drawing up new legislation was so badly framed, the Government was forced to withdraw the botched package in a politically embarrassing u-turn which left the Coalition defending the indefensible.
Among other things, it ignored fundamental recommendations of the 1997 Flood Commission report on a Strategy for Equality, a watershed document which argued comprehensively for full and equal participation of people with disability.
Though some of the 400-plus demands have been implemented, key recommendations for appropriate rights-based disability legislation and other important elements, are still gathering dust on Ministerial shelves.
As the New Year dawns, the credibility of the Government is as stake as it sets about drawing up new legislation aimed at providing educational services for disabled people.
The Coalition has a major opportunity to replace rhetoric with action. In the wake of the landmark Sinnott case, the administration has a bounden duty to legislate on the right to education based on need rather than age.
Instead of the prevailing grace and favour system, what disabled people want are rights rather than entitlements or acts of charity.
It seems the only way disabled people will get the services they require is when the State is forced to provide them though rights based legislation. It is time for the Fianna Fail-PD Coalition to put its money where its mouth is by introducing meaningful legislative reforms and creating genuine equality for the disabled in 2003.





