Abstract

The article highlights how the strategic use of the Convention on the Rights of Persons with Disabilities (CRPD) by disabled people’s organizations (DPOs) in Iceland has produced a shift in the balance of power with regard to how, and by whom, disability legislation and policy in Iceland is developed. The article draws on a study examining the last stages of a consultative process between representatives of DPOs and policymakers in Iceland leading up to the adoption, in May of 2018, of core disability legislation, Laws pertaining to services for disabled people with long-term support needs (No. 38/2018). It examines the process from the perspective of representatives of DPOs through in-depth interviews and document analysis. This article draws on critical theory and the human rights approach in its analysis, with a particular emphasis on the roadmap to the coproduction of policy provided by the CRPD and the UN CRPD Committee through the issuance of guidance to States Parties to the Convention. It draws attention to the DPOs’ ongoing refocusing of their strategies, and their emphasis on harnessing the rights contained in the CRPD to gain recognition of their right to participation in the coproduction of policy and in changing process norms.

Highlights

  • The United Nations Convention on the Rights of Persons with Disabilities (CRPD) (United Nations2006) establishes disabled persons as rights-holders and human rights subjects (Degener 2016)

  • The findings presented in this article draw on both critical theory and the human rights approach to provide a theoretical foundation and to highlight key elements of the roadmap provided by the UN CRPD

  • The initial stages of the drafting process leading up to the adoption of the new Laws pertaining to services for disabled people with long-term support needs (Law No 38/2018), as part of the process intended to bring Icelandic law in line with the CRPD, were marked by a lack of participation of disabled people’s organizations and of representation of the lived experience of disability

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Summary

Introduction

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) (United Nations2006) establishes disabled persons as rights-holders and human rights subjects (Degener 2016). It embodies a mandate for disabled people and their representative organizations as full and active participants in the development of law and policy on matters that affect their lives This mandate, stated in Article 4.3 of the Convention, sets out to create a new politics of disability, calling for changes to the process norms with regard to how policy is made and who is involved (Quinn 2009; Committee on the Rights of Persons with Disabilities 2018). To realize this goal, fundamental changes must be made to existing procedures and processes that reflect the unequal balance of power that has limited the access of disabled people to decision making. These ingrained processes that have become normalized must be critically challenged in order that the new and inclusive dialogue called for by the CRPD can be actualized

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