European Neurodivergent and Disability Rights Act 2020
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EUROPEAN NEURODIVERGENT AND DISABILITY RIGHTS ACT
*Proposed by Cllr. Tobias Johnson Farage (United Duchies) and Cllr. Edward Firoux (Inquista) :: Passed (8-6), December 4th, 2020 :: Amended by Cllr. James Mizrachi Roscoe (United Duchies) (2-0), 12 July 2022 *
EUROPEAN NEURODIVERGENT AND DISABILITY RIGHTS ACT Amendment
PREAMBLE
An Act to establish the rights of neurodivergent and disabled people. This Act shall ensure that neurodivergent and disabled people shall have the ability to access quality and meaningful services, be included in areas of policy and representation, and be protected from services which may harm them.DEFINITIONS
I. Neurodivergent: differing in mental or neurological function from what is considered typical or regular (frequently used with reference to autistic spectrum disorders); not neurotypical.
II. Disabled: having a physical or mental condition that consistently and regularly limits their movements, senses, or activities.
III. Conversion therapy: therapy used to purportedly cure neurodivergent and disabled people of their neurological conditions or their disability.
IV. Aversion therapy: a form of psychological treatment in which the patient is exposed to a stimulus while simultaneously being subjected to some form of discomfort.
V. Conditioning: a form of learning whereby a conditioned stimulus becomes associated with an unrelated unconditioned stimulus, in order to produce a behavioral response known as a conditioned response; or using rewards and punishments to promote a type of behaviour or punish a type of behaviour in order to condition a neurodivergent to act neurotypical.
VI. Duty of care: a legal obligation to sufficiently care and appropriately accommodate a person while performing any acts that could foreseeably harm said person.
VII. PTSD: Post Traumatic Stress Disorder as defined by the European Health Organisation.
VIII.Reasonable adaptation:An adaptation to help Neurodivergent and Disabled people that is reasonable from a cost, safety, productivity and heritage protection perspective. An adaptation may not unreasonably threaten the profitability of a business.SECTION I - BAN ON HARMFUL THERAPIES
I. Member states shall ban the use of conversion therapy on neurodivergent and disabled people.
II. Member states shall ban any use of electroshock, electroconvulsive devices or any inherently harmful or potentially deadly chemicals on neurodivergent or disabled people purporting to cure neurodivergence or disability.
III. Member states shall ban aversive conditioning therapy on neurodivergent or disabled children. People who are mentally capable to consent and over the age of majority in the member state which they live in may voluntarily choose to undergo conditioning therapy, as long as consent is provided by all parties involved, and provisions are made with those of sensory needs as required.** Aversive therapy for genuinely harmful behaviours that cause a danger to safety may be allowed.**
IV. Potential risks of any type of therapy used on neurodivergent and disabled people must be disclosed and thoroughly explained before the therapy process begins.
V. Member states shall ban and shall cease any promotions by any persons or organization that claim the ability to cure neurodivergent conditions.Conditions widely recognised as harmful such as mental health issues are permitted to be cured.
VI. Conversion therapy and electroshock techniques used on any person, and use of aversive conditioning on any child, shall be considered abuse and torture and treated as such before the law of the member state.
VII. Techniques or therapies reasonably suspected or proven to cause PTSD among Neurodivergent and disabled people shall be banned.
VIII. This Act does not ban treatments or therapies which aim to address negative side effects of disabilities that could risk life, heavy injury or have a lifelong negative impact on functioning, as long as they protect human rights of the individual.SECTION II - EQUALITY OF ACCESS
I. Neurodivergent and disabled people shall be provided equal access to services, employment, the democratic process, public consultation and complaints system, the immigration and refugee process of that member state and/or the European Union and shall not face discrimination based on their neurodiversity and/or disabled status.Restrictions may be allowed to account for those who may not have the mental ability to make decision making necessary for participation in a democracy including those with significant mental illnesses .
II. The member state shall make adaptations to ease the process for neurodivergent and/or disabled people to access services, employment, the democratic process, public consultation and complaints system, the immigration and refugee process of the member state and/or the European Union.Restrictions may be allowed to account for those who may not have the mental ability to make decision making necessary for participation in a democracy.
III. Reasonable adaptations shall be made in public and private commercial zones, traveling, leisure venues, and public facilities for neurodivergent and disabled visitors. Public facilities, commercial areas, offices, and residential areas, public or private, shall be required to be accessible by wheelchair unless there is a valid reason not to do so, such as unreasonable cost, or threats to the heritage of buildings, their structural integrity, or their character.This shall only make self-funded adaptations compulsory on organisations with 5,000 employees or more.
IV. Reasonable adjustments and accommodations shall be made for neurodivergent or disabled people to move freely and easily in areas of construction or renovations of public buildings or public developments.This shall only make self-funded adaptations compulsory on organisations 5,000 employees or more.V. Businesses, organisations and government departments shall allow for means of non-verbal communication for neurodivergent and disabled people unless it is unsafe or impossible to do so .
VI. All reasonable adaptations shall take into account whether it is possible for businesses to adapt within a reasonable cost and practically be able to reasonably adapt. It shall not be considered reasonable to have to reduce productivity in any significant manner.SECTION III - QUALITY CARE
I. Member states shall ensure that their citizens shall have the right to undergo a free independent assessment for neurodivergent conditions, or an assessment of their neurodivergent needs, within a six-month or a 180-day period upon the recommendation of a doctor, general practitioner or psychologist.
II. Member states shall ensure that neurodivergent and disabled people shall have the right to a carer(s) and/or support worker(s) for all their neurodivergent or disability-based needs.
III. Member states shall institute a mandatory duty of care for the needs of neurodivergent and disabled among all health practitioners, social workers and carers.
IV. Member states shall ensure that each neurodivergent or disabled person shall have their own Personalised Additional Needs Assessment, which shall be used to direct and inform their personal care, education and other adaptations for services they seek to access.SECTION IV - POLICY INCLUSION, REPRESENTATION AND FUNDING
I. All boards or committees accredited to the European Union shall require the consultation of at least one neurodivergent and/or disabled person in their decision-making process, who shall also be allowed to provide their input or feedback to the board or committee. This shall also apply to any enterprise, division, non-profit, or public sector organization with more than 5,000 employees that operate within the European Union.
II. Member state government departments shall include committees for neurodivergent and disabled people to provide input on the quality and access of service delivery.They may restrict this to those with a mental capacity to understand democracy and the political system
III. Member state governments shall include the input of neurodivergent and disabled into different aspects of government policy.
IV. Member state governments must publish a Neurodiversity and Disability Strategy and Report at least once every 5 years or 1825 days. These reports shall demonstrate how member state governments have adapted and improved upon services, the quality of care, and the accessibility of services available to neurodivergent and disabled people in their country within that time period.
V. Member states shall provide monetary funds in appropriate amounts to assist small and medium sized enterprises, as well as small organisations, to adapt to the needs of neurodivergent and disabled people.SECTION V - IMPLEMENTATION AND ENFORCEMENT
I. All member states of the European Union are required to adjust their national law(s) with this Act within 1 year or 365 days from its approval by the European Council.
II. It shall be an illegal and punishable offence in all member states to provide, knowingly aid or practice services involving conversion therapy, elektroshock or electroconvulsive techniques on neurodivergent and disabled people, the use of aversive conditioning on any child, or promoting practices which claim to cure neurodivergence or disabilities.
III. Any persons or organizations found in breach of this Act shall have all their professional licenses for their area of practice revoked by their member state(s) if specifically providing services for disabled or neurodivergent people or be faced with significant fine(s).
IV. Any persons found in breach of section I shall be prosecuted on a criminal basis.
V. Courts shall act as final arbiters in a dispute of what is a reasonable adaptation with the European Court of Justice as the final arbiter in Europe.Having talked with others about issues they have with the Neurodivergent Act I introduce this more flexible amendment. I hope this resolves alot of issues with the act some nations especially the DU may have.
