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The Dutch Case
July, 9, 2015Dr. Alice Schippers Disability Studies, Medical Humanities, VU university, Amsterdam
Article 33 of the UNCRPD
Timeline Ratification & Implementation UNCRPD
2006 UN CRPD• 2007 Netherlands signed• 2007- 2011 ‘little happened’ (Pillay, 2012)• 2010-onwards pressure by DPO’s: Coalition for
Inclusion• 2012-2013 impact research on legal and financial
consequences • 2014 – proposal for ratification prepared by
Government, sent to parliament • 2015 – jan-aug: consultation rounds by parliament• 2015 – autumn: ratification expected
Dutch context
-> Some laws conflict with the Convention
Historical context• Less rights based discourse• Less prescriptive legislation (laws follow practice,
instrumental)• Solidarity: ‘polder model’ (group based, rather than
individual)• Charities and local communities were responsable:
tend to patriarchal attitudes and disabling practices
Dutch context/2
• Equal Treatment Commission -> Human Rights Institute (2012)
• Strong pressure of top-down (UN) and bottom-up partners (Dutch civil society)
• Ministry of Internal Affairs• Only active legal capacity in Equal
Treatment
Bottom up: ‘formal’ partners
• In the process of decentralization to local communities: budget cuts • National DPO’s budgets cut since 2012• Allied in the formal consultation rounds• Hard to keep independency; less vision-driven,
more ‘pluche’ oriented
Bottom up: ‘informal’ partners
• Coalition for Inclusion: strong pressure in CRPD ratification process
• Also ‘unorganized’ persons and partners, people with and without disabilities, also professionals
• Strong in vision, good in keeping independent role• ‘Allowed’ by government, too strong (also in
numbers!) to pass by