The UN Convention on the Rights of Persons with Disabilities (the “Convention”) is an international treaty that identifies the rights of persons with disabilities as well as the obligations on parties to the Convention to promote, protect and ensure those rights. The United Nations General Assembly adopted the Convention on 13 December 2006 and it was opened for signature on 30 March 2007. Although Ireland was one of the first countries to sign the Convention it has only recently brought it into force on a limited basis in Ireland.
KOD Lyons works on behalf of individuals and together with non-governmental organizations in promoting the rights of persons with disabilities in Ireland, by providing effective legal advice and representation in a number of different arenas.
We have worked closely with organisations and support groups including Sage Advocacy, a support group for older people, Down Syndrome Ireland, the DCA Warriors and ASIAm in advancing the rights and interests of children and adults with additional needs and their families and carers.
We recognise the importance of internationally recognised concepts in the area of disability law and policy as set out in the Convention including:
- dignity and autonomy and the legal capacity of the person;
- the right to independent living;
- supported decision making for persons with disability;
- the right of such persons and their families not to be discriminated against on the basis of disability.
We provide advice and representation in a number of areas relating to Disability law including:
We represent employers and employees before the Employment Appeals Tribunal with regard to disability discrimination cases. We also also advise employers on their reasonable accommodation obligations to prospective employees with disabilities.
We act on behalf of persons with disabilities and their families both in terms of advocating on behalf of and engaging with local authorities and local councils to ensure adequate accommodation for persons with disabilities and in accessing grants and supports to ensure independent community living.
We have a specialist Childrens’ Court and Childcare Team representing persons with disabilities before the District Court in child care proceedings with the Health Service Executive. KOD Lyons can also provide information and advice to individuals and organisations on the convention on the rights of persons with disabilities which remains to be ratified in Ireland.
We act on behalf of families directly affected by a late diagnosis in their child’s care by service providers and campaign on a continuous basis to ensure that appropriate and timely services for children and their families are provided for.
Domiciliary and Care Allowances
We have acted in a large number of successful challenges to decisions restricting the entitlements and rights of parents and carers. We work closely with a number of organisations in the area and are regarded as one of Ireland’s leading firms in this area. We have challenged the provisions of the Disability Act 2005 and the failure of the HSE to deliver assessments of need in compliance with their statutory requirements.