Bringing Human Rights Home: Access to Justice and the Role of Local Actors Implementing the United Nations Convention on the Rights of Persons with Disabilities

Authors Dorien Claessen, Majda Lamkaddem, Barbara Oomen, Quirine Eijkman
Published in Journal of Human Rights Practice
Publication date 2023
Research groups Toegang tot het Recht
Type Article

Summary

Most European states have ratified the UN Convention on the Rights of Persons with Disabilities (CRPD), but implementation varies at national and local levels with municipalities often playing a key role. Decentralization policies have often led to municipalities providing social support as well, but little attention has been paid to the accessibility of municipal support for persons with disabilities in the light of the CRPD. Therefore, this article presents the Dutch 2015 Social Support Act (SSA) as a case study. The SSA introduces the right to an assessment. This legal evaluation moment has far-reaching consequences for persons with disabilities as it serves as the gateway for access to reasonable accommodations under the CRPD. Dutch municipal councils implement their assessment systems in different ways, but social district teams are usually set up to execute the assessment under the mandate of the municipality. It is often the case that social workers fulfil both counselling and gatekeeping roles, despite the fact that they are not necessarily trained to combine these dual responsibilities. This article identifies impeding factors that influence the gaining of access to municipal social support at the level of the social system, the involved organizations and the individual professionals. It takes a legal-anthropological approach based on in-depth multidisciplinary interviews with experts in the field of disability rights advocacy, social policy and human rights, or with experiential expertise. The results indicate a lack of alignment between the SSA and the CRPD. The discussion gives recommendations for a broader implementation of the CRPD.

On this publication contributed

Language Engels
Published in Journal of Human Rights Practice
Year and volume 2024 2
Key words human rights localization, municipalities, participation, public service providers, reasonable accommodation, social work
Digital Object Identifier 10.1093/jhuman/huad053
Page range 554-571

Dorien Claessen

Dorien Claessen

  • PhD candidate
  • Research group: Toegang tot het Recht