Ireland

FCCC COP-15: Historical Responsibility & Poverty Reduction ?

2009-12-16:  ‘Chaotic’ is not the only word to describe what is happening right now in Copenhagen !   A few additional parliamentary expletives are required.  Is it just me … or is it obvious to everyone … that the Danes could not organize an orgy at an International Golf Tournament ?

What the world urgently needed was an ambitious, legally binding agreement … a Kyoto II Protocol, for want of a better title … to slot into place when the 1st Commitment Period ends in 2012.  What we may end up with is an ambiguous ‘political’ agreement … which will be worth approximately 1 cent more than the paper on which it will be scrawled.

There is something definitely rotten in the State of Denmark !   Multiple drafts of the same working document circulating at the same time … backroom meetings away from public scrutiny … greedy developed countries trying to avoid responsibility and action … strutting, self-important NGO’s thinking that they know all the answers … etc., etc … kill any confidence in the process stone dead.  These are not the ways of Sustainable Social Partnership.

However … at a far distance from the hustle and bustle … it can be observed that Interesting Side Events are taking place … and Thought Provoking Reports are being presented … before, during and after the main gatherings between the 7th and 18th December 2009:

  • 15th Session of the Conference of the Parties (COP-15) to the United Nations Framework Convention on Climate Change (UNFCCC) ;
  • 5th Meeting of the Parties (MOP-5) to the Kyoto Protocol.

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African Countries are not the only Group having difficulty with what is/is not happening in Copenhagen …

Two recent Discussion Papers from The Energy & Resources Institute (TERI), in India, are worth bringing to your attention.  Both raise issues which are not very popular in this part of the world.  And … it so happens that Dr. Rajendra K Pachauri – Director-General of TERI … is also Chairman of the WMO-UNEP Intergovernmental Panel on Climate Change (IPCC) !

  1. Right to Sustainable Development: An Ethical Approach to Climate Change (December 2009), by Leena Srivastava, Neha Pahuja, Manish Shrivastava & Prabhat Upadhyay.  PDF File, 228 Kb.  Click link to read and/or download.  Discusses ideas such as: ‘equity’, ‘fairness’, ‘historical responsibility’ (of UNFCCC Annex I Countries), ‘climate justice’, etc.
  2. Linking Climate Action & Poverty Alleviation – An Approach to Informed Decision-Making (December 2009), by Atul Kumar.  PDF File, 488 Kb.  Click link to read and/or download.

Notes:

To gain worldwide acceptance – across developed, developing and least developed regions of the world – and to have a reasonable chance of reliable implementation in those disparate regions … mitigation of, and adaptation to, climate change, including variability and extremes, must be fully compatible with the concept of Sustainable Human & Social Development.  This is clearly elaborated in both the 1992 UNFCCC and the 1997 Kyoto Protocol.

To be clear among ourselves on this island … Ireland is specifically named (without any qualification), among other Developed Countries … in Annex I and Annex II of the 1992 United Nations Framework Convention on Climate Change (UNFCCC) … and in Annex B of the 1997 Kyoto Protocol, which is legally binding.  The European Union is not mentioned, at all, in either document.

It is of concern to note that although India ratified the 2006 United Nations Convention on the Rights of Persons with Disabilities (CRPD) in October 2007 – TERI (India) has very recently placed a Document (No.1 above) in the public domain, at Copenhagen, which actively forbids content extraction by people with activity limitations for the purposes of equitable accessibility !   Joined-up thinking !?!?

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Autumn Scenes At Glendalough – Ripples Through Time ?

2009-12-07:   The beauty of the Irish countryside is hard to beat.  A few dry days are all we need … and to be able to see the sun occasionally !   Make that … more than occasionally !!

Colour photograph of 'Upper Lake at Glendalough' - Autumn Scene.  Click to enlarge.  Photograph taken by CJ Walsh.  2009-10-26.
Colour photograph of ‘Upper Lake at Glendalough’ – Autumn Scene. Click to enlarge. Photograph taken by CJ Walsh. 2009-10-26.

It is breathtaking to imagine the Climatic & Geological Upheavals – hundreds of thousands of years ago – which created the Valley of Two Lakes: ‘Gleann Dá Locha’ in Irish, or ‘Glendalough’ in English.

Colour photograph of 'Autumn Trees' at Glendalough, County Wicklow, Ireland.  Click to enlarge.  Photograph taken by CJ Walsh.  2009-10-26.
Colour photograph of ‘Autumn Trees’ at Glendalough, County Wicklow, Ireland. Click to enlarge. Photograph taken by CJ Walsh. 2009-10-26.

 It is comforting to know that we once had – hundreds of years ago – a Better System of Irish Law: ‘Féineachas’ in Irish, or more commonly known as ‘Brehon Law’ in English.

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Emergency Planning For ALL & Special Needs Populations ?

On 15th August 2008, the United States Federal Emergency Management Agency (FEMA), in association with the U.S. Department of Homeland Security (DHS) Office for Civil Rights & Civil Liberties, published Comprehensive Preparedness Guide #301: ‘Interim Emergency Management Planning Guide for Special Needs Populations’.

What follows are important extracts from CPG #301.  As you slowly read along … consider the chaotic, clapped-out and ramshackle response, at national level, to the Flood Emergency in Ireland

Throughout the history of Emergency Management Planning, considerations for Special Needs Populations have often been inadequate.  From the 1930’s, when disaster response was ad hoc and largely focused on the repair of damaged infrastructure, through to the present day, emergency management culture of ‘readiness’, special needs populations were often given insufficient consideration.  This fact was evident in 2003 during the California wildfires and when Hurricane Katrina devastated the Gulf Coast in 2005.  During these events, some individuals with special needs did not receive appropriate warning, were unable to access shelters, or went without medical intervention.  During the 2006 Nationwide Plan Review, a sample of emergency management plans was reviewed by subject-matter experts on disability and ageing.  The review confirmed that emergency plans from various regions in the United States continue to overlook these populations.  The Nationwide Plan Review Phase 2 Report concluded that “substantial improvement is necessary to integrate people with disabilities into emergency planning and readiness”.

Numerous ‘lessons learned’ reports that followed Hurricane Katrina also pointed out that there is a large segment of the U.S. population who may not be able to successfully plan for, and respond to, an emergency with resources typically accessible to the general population.  The current general population is one that is diverse, ageing, and focused on maintaining independence as long as possible.  The popularity of living situations that provide an ‘as needed’ level of care in the least restrictive manner is fast becoming the norm.  Consideration should therefore be given to people who may be able to function independently under normal situations, but who may need assistance in an emergency situation.

For example, it is estimated that about 13 million individuals aged 50 years or older in the United States will need evacuation assistance, and about half of these individuals will require such assistance from someone outside of their household.  There are well over 1 million people in the United States receiving home healthcare according to 2000 data cited by the National Center for Health Care Statistics.  Populations such as these should be considered when emergency plans are developed to accurately assess the resources needed to adequately respond when a disaster strikes.  The 2000 Census reported that 18% of those surveyed speak a language other than English at home.  This highlights the need to ensure the effectiveness of emergency communications.  Populations described as ‘transportation disadvantaged’ – those who do not have access to a personal vehicle or are precluded from driving – may also require assistance during emergencies.  The 2000 Census reports that in the top ten car-less cities, between 29% and 56% of the households are without a vehicle.  These examples serve to demonstrate community emergency planning should go beyond traditional considerations.

During the Nationwide Plan Review, Emergency Managers consistently requested technical assistance in identifying and incorporating special needs populations into emergency planning.  As described later, defining the term ‘special needs’ is a critical initial step in the planning process.  The Federal Government introduced, within the National Response Framework (NRF), a definition of special needs populations that State, Territorial, Tribal, and Local governments may adopt for use in their Emergency Operation Plan (EOP) development.  It is important to note that though this terminology may appear ambiguous, it is well established in the Emergency Management Vocabulary and when clearly defined, strengthens the planning process.

Although it is recognized that significant emergency planning should be done for incarcerated populations, these groups cannot be integrated into general population planning.  Individuals in correctional settings are institutionalized to protect other members of society; people who are institutionalized in health related settings are there for their own protection and wellbeing.  Emergency management planning for incarcerated populations requires additional consideration such as law enforcement and co-ordination between emergency managers, the Department of Corrections, and prison superintendents to ensure safety of the prisoners and the public.  For these reasons, incarcerated populations are not included in the NRF definition of ‘special needs’, which is the same definition used in this Planning Guide.

 

U.S. Federal Emergency Management Agency (FEMA) CPG #301

Date: 15 August 2008.  PDF File, 301kb.

Interim Emergency Management Planning Guide for Special Needs Populations

Click the link above to read and/or download CPG #301

 

Emergency Management takes into consideration planning for the safety of every person in the community during and following a disaster.  Taking into consideration populations historically considered ‘vulnerable’, ‘at risk’, or ‘special needs’, ultimately improves the overall community’s post-disaster sustainability.

Before drafting Emergency Plans, it is recommended that a state-wide definition for the term ‘special needs’ be developed and used to guide State, Territorial, Tribal, and Local jurisdictions in the planning process.  A consistent use of terminology will result in improved communication and co-ordination of resources across State, Territorial, Tribal, and Local entities.

The NRF Definition for ‘special needs’ provides a function-based approach for planning and seeks to establish a flexible framework that addresses a broad set of common function-based needs, irrespective of specific diagnosis, statuses, or labels (e.g. children, older people, transportation disadvantaged, etc.).  In other words, this function-based definition reflects the capabilities of the individual, not the condition or label.  Governments that choose to align their language to the NRF definition will improve inter-government communication during an incident.

The Definition of Special Needs Populations, as it appears in the U.S. National Response Framework (NRF) is as follows:

Populations whose members may have additional needs before, during, and after an incident in functional areas, including but not limited to:

–   Maintaining Independence ;

–   Communication ;

–   Transportation ;

–   Supervision ;

–   Medical Care.

Individuals in need of additional response assistance may include those who have disabilities; who live in institutionalized settings; who are elderly; who are children; who are from diverse cultures; who have limited English proficiency; or who are non-English speaking; or who are transportation disadvantaged.

[The concept of a function-based approach to defining special needs populations has been developed by June Isaacson Kailes.  See Kailes, J. and Enders, A. in “Moving Beyond ‘Special Needs’: A Function-Based Framework for Emergency Management Planning”.  Journal of Disability Policy Studies, Vol./No. 44/2007.  Pages 230-237.]

At first glance, it may appear that each of the above groups (and a disproportionately large percentage of the population) is automatically classified as having special needs, but this is not the case.  The definition indicates these groups may often include individuals who have special needs and, in the event of an emergency, may need additional assistance or specialized resources.  For example, in a city like New York where less than half of all households own a car, transportation-dependence is not necessarily a ‘special need’.  A special need in this instance is an inability to access the transportation alternatives defined by the Emergency Operation Plan (EOP).  It is important to remember that special needs populations have needs that extend beyond those of the general population.

The definition focuses on the following function-based aspects:

  • Maintaining Independence – Individuals requiring support to be independent in daily activities may lose this support during an emergency or a disaster.  Such support may include consumable medical supplies (baby diapers, formula, bandages, continence supplies, etc.), durable medical equipment (wheelchairs, walkers, scooters, etc.), service animals, and/or attendants or caregivers.  Supplying needed support to these individuals will enable them to maintain their pre-disaster level of independence.
  • Communication – Individuals who have limitations which interfere with the receipt of and response to information will need that information provided in format they can understand and use.  They may not be able to hear verbal announcements, see directional signs, or understand how to get assistance due to hearing, vision, speech, cognitive, or intellectual limitations, and/or limited English proficiency.
  • Transportation – Individuals who cannot drive or who do not have a vehicle may require transportation support for successful evacuation.  This support may include accessible vehicles (e.g., lift-equipped or vehicles suitable for transporting individuals who use oxygen) or information about how and where to access mass transportation during an evacuation.
  • Supervision – Before, during, and after an emergency individuals may lose the support of caregivers, family, or friends or may be unable to cope in a new environment (particularly if they have dementia, Alzheimer’s or psychiatric conditions such as schizophrenia or intense anxiety).  If separated from their caregivers, young children may be unable to identify themselves; and when in danger, they may lack the cognitive ability to assess the situation and react appropriately.
  • Medical Care – Individuals who are not self-sufficient or who do not have adequate support from caregivers, family, or friends may need assistance with: managing unstable, terminal or contagious conditions which require observation and ongoing treatment;  managing intravenous therapy, tube feeding, and vital signs;  receiving dialysis, oxygen, and suction administration;  managing wounds;  and operating power-dependent equipment to sustain life.  These individuals require support of trained medical professionals.

 The above examples illustrate function-based needs that may exist within the community.

 

Important Conclusions for Ireland & Europe Generally:

1.  The innovative approach taken to Special Needs Populations in U.S. FEMA Comprehensive Preparedness Guide #301 is entirely consistent with European concepts of ‘mainstreaming’, ‘accessibility for all’, ‘fire safety, protection and evacuation for all’, etc … and the widespread, standardized and consistent use of the language and terminology in the 2001 World Health Organization (WHO) International Classification of Functioning, Disability & Health (ICF) … an approach which I have long advocated across Europe.

2.  Fragmentation of the Irish Special Needs Population, dissention between different groups within that population or a lack of willingness to work with other groups … the use of far too many ad-hoc labels … and the anarchic abuse of disability-related language and terminology … pose a grave risk to the Safety, Health and Wellbeing of all these groups in Emergencies, whether large or small scale … and create unnecessary, and sometimes insurmountable, barriers to effective communication and the proper co-ordination of emergency response resources.  This problem is deep-rooted and endemic throughout Europe.

3.  French use of the words, e.g. ‘les handicapés’, ‘les invalides’, is both outdated and barbaric.  Similarly, German use of the word ‘die behinderten’ is unacceptable.  A concerted effort, at European level, must be made to modernize and harmonize the use of disability-related terminology in our many different languages.  Large Scale Emergencies in Europe, involving 2, 3 or more E.U. Member States, require … as a priority … effective communication and the proper co-ordination of emergency response resources.

 

 

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Murphy Commission Report on Child Sexual Abuse in Dublin

2009-11-30:  The Dublin Archdiocese (Murphy) Commission of Investigation was established to report on the handling by Church and State Authorities of a representative sample of allegations and suspicions of child sexual abuse against clerics operating under the aegis of the Roman Catholic Archdiocese of Dublin during the period 1975 to 2004.

The Commission, which continues its investigations, is chaired by Judge Yvonne Murphy.  There are two other members of the Commission: Ms. Ita Mangan and Mr. Hugh O’Neill.

The Dublin Report (the first of many ?) … was submitted to Mr. Dermot Ahern T.D., Minister for Justice, Equality & Law Reform on 21st July 2009.

Dublin Report Paragraph #1.113 (Page 28) – Conclusion

‘ The Commission has no doubt that clerical child sexual abuse was covered up by the Archdiocese of Dublin and other Church Authorities over much of the period covered by the Commission’s remit.  The structures and rules of the Catholic Church facilitated that cover-up.  The State Authorities facilitated the cover up by not fulfilling their responsibilities to ensure that the law was applied equally to all and allowing the Church Institutions to be beyond the reach of the normal law enforcement processes.  The welfare of children, which should have been the first priority, was not even a factor to be considered in the early stages.  Instead the focus was on the avoidance of scandal and the preservation of the good name, status and assets of the Institution and of what the Institution regarded as its most important members – the priests.  In the mid 1990s, a light began to be shone on the scandal and the cover up.  Gradually, the story has unfolded.  It is the responsibility of the State to ensure that no similar Institutional immunity is ever allowed to occur again.  This can be ensured only if all Institutions are open to scrutiny and not accorded an exempted status by any organs of the State.’

The Department of Justice, Equality & Law Reform has been very sloppy in the manner that it has presented the Dublin Report on the Department’s WebSite.  For your convenience, therefore, the Full Original Report is presented here as a single PDF File …

Date of Original Report: 21 July 2009.  PDF File, 3.98 Mb.

Murphy Commission Report on Child Sexual Abuse in the Roman Catholic Archdiocese of Dublin

Click the Link Above to read and/or download the Full Original Report

December 2010

Murphy Commission Report: Tony Walsh – ‘Fr Jovito’ – Portions

Click the Link Above to read and/or download PDF File (155 kb)

July 2013

Murphy Commission Report: ‘Patrick McCabe’ Redacted Material (Chapter 20 – Pages 1-10 Only)

Click the Link Above to read and/or download PDF File (2.2 MB)

Important Note:  The Full Chapter 20 PDF File, with the ‘Patrick McCabe’ Redacted Material … recently re-issued on 12 July 2013 … has 99 Pages and weighs in at a whopping 19.31 MB !   It can be downloaded from the Department of Justice & Equality WebSite … http://www.justice.ie/en/JELR/Pages/PB13000293

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Those Individuals … whether members of Church or State Authorities … who have been named and shamed in the Dublin Report … or who will be named and shamed in connection with the Dublin Report … must resign, and be brought to justice.

If our ‘State’ is serious about the Protection of Children … Ireland must NOW fully and effectively implement the 1989 United Nations Convention on the Rights of the Child … which entered into force, i.e. became an International Legal Instrument, on 2nd September 1990.  LATER is no longer acceptable !

This is a fundamental foundation for a Comprehensive National Framework of Child Protection Related Legislation, Standards and Guidance Documents, with the necessary accompanying Administrative Provisions and Monitoring Measures.

1989 United Nations Convention on the Rights of the Child

 Click the Link Above to read and/or download the UN Convention (PDF File, 112kb)

Of much interest … the VIENNA DECLARATION AND PROGRAMME OF ACTION, adopted by the World Conference on Human Rights on 25th June 1993, stated …

‘ The World Conference on Human Rights, welcoming the early ratification of the Convention on the Rights of the Child by a large number of States … urges universal ratification of the Convention by 1995 and its effective implementation by States Parties through the adoption of all the necessary legislative, administrative and other measures and the allocation to the maximum extent of the available resources … ‘

Ireland signed the Convention on 30th September 1990 … and ratified the Convention on 28th September 1992.

As of today’s update, 16th July 2011, Ireland has still not properly implemented the UN Convention on the Rights of the Child.

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Update 2011-07-16 … one more recently published report !!

Commission of Investigation – December 2010

Report into the Catholic Diocese of Cloyne

Click the Link Above to read and/or download PDF File (2.37 Mb)

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POSTSCRIPT

2011-10-09:  The Irish Minister for Children and Youth Affairs, Ms. Frances Fitzgerald T.D., launched the Amnesty Ireland Report: ‘In Plain Sight’ in the Royal Hibernian Academy (RHA), 15 Ely Place, Dublin … on the morning of 26 September 2011.  The research for this report was undertaken by Dr. Carole Holohan, and the report was commissioned by Amnesty International Ireland.

Key Findings of Amnesty’s ‘In Plain Sight’ Report (2011)

This report has five key findings …

     1.  No clear lines of responsibility make true accountability impossible.

This report demonstrates how the absence of clear lines of public and private responsibility in the provision of services, along with the absence of effective accountability mechanisms, allowed the abuse of children to continue unchecked.  In the case of residential institutions, it wasn’t that the system didn’t work but rather that there was no system.  While both the perpetrators of crimes against children, and the institutional Church within which they operated, hold responsibility for this abuse, State authorities also failed in their duty to monitor residential institutions effectively, to act appropriately when abuses by agents of the Catholic Church in communities came to light, and to take action to prevent the continuation of abuse.

     2.  The law must protect and apply to all members of society equally.

The Reports on child abuse highlight how the law did not serve or apply to all members of Irish society equally.  The most obvious example of this is how children who were placed in residential institutions were branded as criminals as a result of the court committal process, while the majority of perpetrators of abuse have not been held to account by that same criminal justice system.  Despite the severity of the crimes revealed in the Ferns, Ryan, Murphy (Dublin) and Cloyne Reports, which range from physical assault to rape, very few perpetrators have been convicted.  Furthermore, no criminal charge has been laid against those in positions of authority in the Catholic Church who concealed crimes against children and allowed known sex abusers to continue to have access to children and to continue to abuse with near impunity.  The Reports raise serious questions about the rule of law, given the evidence of deferential treatment shown to priests and bishops by members of the Gardaí.

     3.  Recognition of children’s human rights must be strengthened.

This report includes a human rights analysis of the abuses detailed in the Ferns, Ryan, Murphy (Dublin) and Cloyne Reports.  The sexual abuse in the diocesan reports, and the sexual, physical and emotional abuse, the living conditions, and the neglect described in the Ryan Report, can be categorised as torture, and cruel, inhuman and degrading treatment under human rights law.  The Reports also demonstrate that children’s rights to private and family life, the right to a fair trial and the right to be free from slavery and forced labour were contravened, as was their right to education and to physical and mental health.  The invisibility of children in law, policy and public debate is directly related to the fact that children do not have express constitutional rights.  It is essential that the rights of the child be made explicit in the Irish Constitution and that the paramount importance of the rights of the child be explicitly enshrined in law.

Children do not represent a homogenous social category and children from different subsections of society have very different experiences.  The majority of children in industrial schools were placed there as a direct result of the poverty of their families.  We must not ‘other’ any groups of children.  Particularly vulnerable groups of children today include children in care, Traveller children, children in the criminal justice system, children with mental health problems, children experiencing homelessness, children living in poverty, and asylum-seeking children.

     4.  Public attitudes matter – Individual attitudes matter.

The Reports identify the impact of deference to the Catholic Church on how people responded to abuse and suspicions of abuse.  Fear, an unwillingness and an inability to question agents of the Church, and disbelief of the testimony of victims until recent times indicate that wider societal attitudes had a significant role to play in allowing abuse to continue.  The end of deference to powerful institutions and the taking of personal responsibility on behalf of all members of society will initiate some of the changes that are necessary to prevent the occurrence of human rights abuses.

Wider societal attitudes to children who experienced residential institutions were often negative and hostile.  The prejudice and discrimination they experienced led many to emigrate, leading to the further disintegration of families who had already been divided when the children were placed in institutions.  We must be aware of the impact of prejudice and negative attitudes towards marginalised groups in our society.  Negative attitudes towards children in the criminal justice system, people with disabilities, asylum seekers and people with mental health problems makes life more difficult for members of our society who may already be vulnerable.

     5.  The State must operate on behalf of the people, not on behalf of interest groups.

The Reports demonstrate how the State had a deferential relationship with the Catholic Church.  The complaints of parents, children and lay workers about problems and abuses in residential institutions were dismissed by Department of Education officials, while the reputation of religious orders was defended by Ministers and T.D.’s in the Dáil.  While Taoiseach Enda Kenny’s recent criticism of the Vatican suggests a less deferential attitude to the Catholic Church, transparency in the operations of all arms of the State is necessary to prevent interest groups from exerting undue influence.  In all spheres, political actions must have at their core the best interests of the wider population and not sectional interests.

26 September 2011 – Amnesty International Ireland

In Plain Sight: Responding to the Ferns, Ryan, Murphy and Cloyne Reports

Click the Link Above to read and/or download PDF File (2.57 Mb)

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Older People in Emergencies – Urgent Action Required !! (I)

2009-11-25:  In the midst of an economic, financial and fiscal crisis in Ireland … the country has recently been hit by a Major Flood Emergency in the West and South … extending inland almost to the centre.  The emergency will continue over the next few days.

There appears to be no central co-ordination of the response to this National Emergency.  No public guidance or other announcements have been published in the national media.

Further to the full page advertisement promoting the National Older & Bolder Campaign, which was printed on Page 7 of The Irish Times (2009-11-19) … the contents of World Health Organization (WHO) Fact Sheet: ‘Older Persons in Emergencies’, drafted following the 2006 Lebanon Humanitarian Crisis, are both appropriate and particularly relevant for Ireland now …

When dealing with older people in emergencies, a number of issues which might affect them will require special consideration.  Apart from specific chronic disease and disability related issues, two major factors contribute to increased vulnerability of older people in emergencies: the ‘normal’ challenges of physical ageing and social loss, and the ‘environmental’ challenges.  In a crisis, minor impairments which do not interfere with daily functioning in the normal environment can quickly become major handicaps that overwhelm an individual’s capacity to cope.  For instance, an older person with arthritic knees and diminished vision, living alone in a high-rise apartment with no family members or friends nearby, can become incapable of getting food or water or of fleeing danger, and may be overlooked by neighbours.

Specific Issues

There are several specific issues that affect older people, separately or in combination, and which can impact on their ability to respond or react in an emergency.  Awareness of these specific issues by all those giving aid, or surrounding them, will improve interactions.  Knowledge of the age profile in an affected community, as an emergency response is prepared, will help to ensure that older people at risk are identified and that appropriate supplies and services are provided on-site.

The specific issues affecting older people are:

1.   Sensory Deficits (especially vision and hearing)

  • reduced awareness ;
  • difficulty accessing and comprehending visual and auditory information, and responding appropriately ;
  • reduced mobility and risk of disorientation.

2.   Slower Comprehension and Retention of Information (especially new, complex or rapidly delivered information)

  • difficulty accessing information ;
  • difficulties in understanding and acting on risks, warnings, directions ;
  • reduced capacity for self-protection and avoidance of harm ;
  • disorientation in unfamiliar environments ;
  • greater risk for abuse and exploitation ;
  • provision of information in more accessible and structured formats.

3.   Less Efficient Thermoregulation

  • greater susceptibility to hypothermia, hyperthermia and dehydration ;
  • appropriate shelter, clothing and food, as well as adequate fluid intake.

4.   Reduced Functional Ability (poorer balance and reduced speed, psycho-motor co-ordination, strength and resistance)

  • reduced mobility and risk of being housebound ;
  • increased risk of falling ;
  • decreased capacity for self-protection and harm-avoidance ;
  • difficulty getting basic necessities and accessing health facilities, e.g. local clinics ;
  • increased vulnerability to abuse and exploitation.

5.   Difficulties in Urinary Continence

  • need for adequate toilet facilities and continence supplies.

6.   Oral Health & Dental Problems

  • easy-to-eat soft food and fluids may be necessary.

7.   Changes to Patterns of Digestion 

  • need for smaller, more frequent portions of easily-digestible, nutrient-dense food and adequate fluids.

8.   Increased Body Fat Composition, with Decreased Muscle Mass and Metabolic Rates

  • greater sensitivity to certain medications with potential adverse effects on functional ability and cognition.

9.   Greater Prevalence, and Co-Morbidity of Ageing-Related Chronic Disease and Disability (e.g. coronary heart disease, hypertension, stroke, cancers, diabetes, chronic obstructive pulmonary disease, osteoarthritis, osteoporosis, cognitive impairment)

  • need for condition-specific medications, treatments, medical device and assistance aids (oxygen, crutches, walkers, wheelchairs, glasses) ;
  • higher risk for adverse drug reactions.

10.  Weaker and Smaller Social Networks (e.g. widowed, living alone, minimal contact with neighbours, dispersion of family)

  • reduced awareness and comprehension of the situation ;
  • greater risk of social isolation, neglect, abandonment, abuse and exploitation.

11.  Heavy Reliance on Care and Support by Very Few Family Members

  • when essential family support is disrupted, physical and psychological functioning can deteriorate rapidly ;
  • reunification with family is particularly important.

12.  Psycho-Social Issues

  • reactions to loss of home, family and possessions can be more acute for older people who cannot rebuild their lives ;
  • resistance to leaving, and grieving, may be strong.

13.  Reliance of Other Family Members on Older People

  • older people often care for other dependent adults and children and may require resources for others as well as themselves.

Last but not least: Older People should not be considered solely as a Special Needs Group.  From numerous accounts of natural disaster and armed conflict situations, it is known that their knowledge of the community, previous experiences with such events, and position of respect and influence within their families and communities are critical resources in dealing effectively with emergencies.

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Disability Access Certificates & Accessible Toilet Facilities ? (III)

2009-10-31:  Missing so far in Ireland … but an essential starting point for any discussion about Disability & Accessibility of the Built Environment in many other countries … is the 2006 United Nations Convention on the Rights of Persons with Disabilities, which entered into force, i.e. became an International Legal Instrument, on 3rd May 2008.

This Convention is important because it facilitates access, for a large group of people in all of our communities, to the Rights, i.e. basic needs, of all human beings … which were first elaborated in the 1948 Universal Declaration of Human Rights.  Until now, access to Universal Rights has effectively been denied to people with disabilities.

How is Ireland responding to the UN Convention ?

Ireland signed the Convention on 30th March 2007 … but has still not signed the Convention’s Optional Protocol.  Furthermore … even though other European Union Member States have proceeded to ratify both the Convention and the Optional Protocol on their own, without waiting for all Member States to act in unison … Ireland has not ratified either.  Why is that ???

On the positive side … and at the time of writing …

  • 143 countries, including Ireland, have signed the Convention ;
  • 87 other countries have signed the Optional Protocol ;
  • 71 other countries have ratified the Convention ;
  • 45 other countries have ratified the Optional Protocol.

2006 UN Convention on the Rights of Persons with Disabilities (CRPD)

Click the Link above to read/download PDF File (215 Kb) 

With regard to Accessibility … refer, initially and directly, to Preamble Paragraph (g) and Articles 9 & 11 of the Convention.

[As a matter of routine in all of our work, I prefer to go beyond the scope of the 2006 Disability Rights Convention … and to consider Accessibility for All, i.e. including People with Activity Limitations (2001 WHO ICF), to the Human Environment.]

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Accessibility Implementation in Ireland, and Toilet Facilities

How more basic can you get in every day life and living ?

The WC Cubicle shown in Diagram 13 of the existing Technical Guidance Document M does not work … a black and white / open and shut case.  It has not worked for a long, long time.   It is not ‘accessible’.   Should this come as a sudden surprise to anybody ?   No.

That toilet arrangement dates back to guidance documentation published by the Irish National Rehabilitation Board (NRB) in the early 1980’s.  And since that guidance took a long time to produce … we are talking about well before the end of the 1970’s as its true date of origin.  I know, because I was there … and I have the T-Shirt !

I am not going to show that Diagram here, because I don’t want to encourage anybody to reproduce it again in a ‘real’ building … for any reason whatsoever !

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Nearly 30 years later (!) … the Wheelchair Accessible Unisex WC shown in Diagram 12 of Draft Technical Guidance Document M (2009) is not a significant improvement on the earlier version.  In fact, it is a miserable effort !   And … I am not going to show that Diagram here either … for the same reason.

What I would like to present, however, are Figures 43 & 44 from the Draft International Accessibility-for-All Standard ISO 21542.  This is the level of accessibility performance which we should all be striving to achieve … as a minimum ! 

2 colour drawings showing, on top, an Accessible Toilet Facility, with corner WC arrangement ... and, on the bottom, showing that there is sufficient space for a range of wheelchair to WC transfer options.
2 colour drawings showing, on top, an Accessible Toilet Facility, with corner WC arrangement … and, on the bottom, showing that there is sufficient space for a range of Wheelchair-to-WC transfer options. Click to enlarge.

N.B. A standard, large Wash Hand Basin must no longer be considered as an optional extra in a properly fitted out Accessible Toilet Facility.

Please also note the independent water supply, on the wall side of the corner WC, feeding a shower head type outlet which can be turned on or off at the outlet head … or within easy reach of the WC.  This is Accessibility-for-All in action !

Colour photograph showing what is supposed to be an 'Accessible' Toilet Facility, with a combined Baby Change Facility.  Inadequate management magnifies the already poor accessibility performance of the cramped space.  Click to enlarge.  Photograph taken by CJ Walsh.  2009-09-19.
Colour photograph showing what is supposed to be an ‘Accessible’ Toilet Facility, with a combined Baby Change Facility. Inadequate management magnifies the already poor accessibility performance of the cramped space. Click to enlarge. Photograph taken by CJ Walsh. 2009-09-19.

Many building owners/managers wish to combine an Accessible WC Cubicle with a Baby Change Facility.  More space is required, therefore, above and beyond that shown in the Figures above for the Baby Change fittings and associated ‘equipment’.

Without Proper Accessibility Management … Accessibility Performance will rapidly deteriorate … as shown in the above photograph.

Once we have mastered the minimum building accessibility performance required to meet the needs of a single person with an activity limitation … our next priority must be the Social Dimension of Accessibility.  Existing Building & Fire Regulations, Standards and Design Guidance are still geared very much towards the single building user.  However, for example, if 5 or 6 or 8 wheelchair users decide to use a building’s facilities … not a concept which is off-the-wall (!) … there is almost a complete breakdown and failure in accessibility.  This is no longer acceptable !!

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A Clean, Fresh Mountain Stream in Glencree, Co. Wicklow

2009-10-30:  And now … for something completely different …

Well worth a visit, whenever you are passing, is the War Cemetery in Glencree, County Wicklow … about 20-25 Km south of Dublin City, in the Wicklow Mountains.

I passed by last Monday (2009-10-26) … a public holiday … in the late afternoon …

It is a calming, restful place.  And ever present in the background … is the sound of a neighbouring stream …

Colour photograph showing the Mountain Stream beside the War Cemetery in Glencree, Co. Wicklow.  Click to enlarge.  Photograph taken by CJ Walsh in the late afternoon.  2009-10-26 T 16:11
Colour photograph showing the Mountain Stream beside the War Cemetery in Glencree, Co. Wicklow. Click to enlarge. Photograph taken by CJ Walsh in the late afternoon. 2009-10-26 T 16:11

Sounds of a Clean, Fresh Mountain Stream in Ireland

Click the Link above to listen to / download WAV File (1.08 MB)

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Building Fire Emergencies – What is a ‘Place of Safety’ ?

2009-10-24:  As I have travelled around … not just Ireland, but many other countries as well … it still remains a puzzle to me, today, why so many Fire Emergency Assembly Areas are located just outside the main entrance of a building.  These locations are not safe in a ‘real’ fire emergency … and they should not even be used for the purposes of test/drill evacuations !

Is the guidance contained in current Building & Fire Regulations, Codes and Standards on what is a ‘Place of Safety’ in a fire emergency clear, simple, direct and precise ?   Are you joking ?   No way !   Let us take a few examples close to home …

In Ireland:

When you look at the array of different Technical Guidance Documents (Building Regulations) at the same time … TGD B (Fire Safety) is way out of proportion, in size, compared to all of the others.  You would expect, therefore, to find exactly what you were looking for in that document.  Wouldn’t you ?

TGD B (2006), Paragraph #1.0.9 – Definitions

Place of Safety

A place, normally in the open air at ground level, in which persons are in no danger from fire.

Clear as mud !   If there is a fire on O’Connell Street in Dublin … a person is safe on Patrick Street in Cork !   But, how is any Building or Facilities Manager expected to work with such a vague definition ? 

In England & Wales:

No practical definition, as such, is readily provided.  The nearest thing to a definition is an amalgam of the following …

Building Regulations, Requirement B1 – Means of Warning & Escape

The building shall be designed and constructed so that there are appropriate provisions for the early warning of fire, and appropriate means of escape in case of fire from the building to a place of safety outside the building capable of being safely and effectively used at all material times.

Approved Document B: Volume 1 – Dwellinghouses & Volume 2 – Buildings Other Than Dwellinghouses

The ultimate place of safety is the open air clear of the effects of the fire.

British Standard BS 9999 : Code of Practice for Fire Safety in the Design, Management & Use of Buildings : 2008

Place of Ultimate Safety

Place in which there is no immediate or future danger from fire or from the effects of a fire.

Again … all as clear as mud !   Again … how is any Building or Facilities Manager expected to work with such vague guidance ?   Have you also noticed the additional obfuscation introduced by use of the word ‘ultimate’ in BS 9999 ?

It is hard to escape the conclusion that what is urgently needed is a fundamental transformation and re-shaping of the tired, antiquated and flawed ad-hoc assembly of prescriptive ‘solutions’ contained in current national building and fire regulations, codes, standards and administrative provisions … whatever their origin !

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Now … try this for clarity, simplicity, directness and precision …

Place of Safety (Fire Incident in a Building, No Explosion Hazard*)

Any location beyond a perimeter which is [100]* metres from the fire building or a distance of [10]* times the height of such building, whichever is the greater

and

where necessary and effective medical care and attention can be provided, or organized, within one hour of injury

and

where people can be identified.

* Where there is a Risk of Explosion … multiply the numbers in square brackets above by 4.

Was that good for you ?

Furthermore …

The Route to any Place of Safety must be Accessible for All Building Users, including people who use wheelchairs, the visually impaired, frail older people, women in the later stages of pregnancy, children, etc., etc.

Colour photograph showing a Typical Scene at a Building Fire Emergency, with Fire Service Vehicles and Personnel in operation mode.  The haphazard arrangement of firefighting water hoses on the ground makes access difficult for many Building Users to a 'Place of Safety' which is remote from the Fire Building.
Colour photograph showing a Typical Scene at a Building Fire Emergency, with Fire Service Vehicles and Personnel in operation mode. The haphazard arrangement of firefighting water hoses on the ground makes access difficult for many Building Users to a ‘Place of Safety’ which is remote from the Fire Building. Click to enlarge.

With regard to an Adequate, never mind a Proper, Awareness of Disability-Related Issues at a Fire Scene … it is shocking to realize how almost non-existent this is among Fire Services … not just in Ireland and Britain … but in the rest of Europe and North America as well.

Even a hint of criticism will usually … not always … meet the Neanderthal Fire Service Response: “Have you ever been in a ‘real’ building fire ?”

My Response is: “Do you have to be a hen to know when an egg is bad ?”

This discussion will continue later … have no doubt … that is a promise !

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Disability Access Certificates (DAC’s) – Parts M & B ? (II)

2009-10-18:  In everyday practice, the usual short introductory text in Technical Guidance Document M (Ireland) which refers to a linkage between ‘access and use’ of a building with ‘fire safety’ has little impact, because it is not explained … and is typically ignored.

In general … the basic problem is that this issue is hardly dealt with … at all … by Local Fire Authorities right across the country in their handling of Fire Safety Certificates … and where it does become part of the process, it receives inadequate attention.  There are exceptions.

A major drawback with the current vertical approach to our Building Regulations … each of the Parts has its own separate Supporting Technical Guidance Document … is that people are not sufficiently aware of the important horizontal linkages between the different Parts.  For example, all of the other Parts must be linked to Part D.  Quick, run to find out what Part D covers !   Another two examples … Part B must also be linked to Part A and Part M … and Part M must also be linked to Part K and Part B.

So … while grudgingly having to accept that the scope of TGD M should have some limit, under the current flawed system … a precise intervention with just one or two sentences, at critical places in the guidance text, would help to improve the overall consideration of fire safety issues, relevant to Part M, by building designers … and client or construction organizations.

Here are a Few Suggestions for Discussion …

1.  Revise Paragraph #0.6 of Draft TGD M (2009) & Add a Title …

Fire Evacuation for All

” Accessibility encompasses the full range of activity related to buildings: to approach, enter, use, egress from under normal conditions, and evacuate a building independently during a fire emergency, in an equitable and dignified manner.  Provision for access and use must, therefore, be linked to provision for fire evacuation.  For guidance on design for evacuation, reference should be made to Technical Guidance Document B (Fire Safety).”

Note:  No such guidance is contained in TGD B (2006).  It would be a great wonder if any person with a disability could actually evacuate a building which had been designed in accordance with TGD B.  To take a simple example … all of the ‘stairways’ in Table 1.5 of TGD B – Minimum Width of Escape Stairways will not facilitate contraflow or the assisted evacuation of mobility and visually impaired people.  Furthermore, those minimum widths specified in the Table may have a clear width which is 200 mm less.  See Methods of Measurement, Paragraph #1.0.10 (c) (iii) … ” a stairway is the clear width between the walls or balustrades, (strings and handrails intruding not more than 30 mm and 100 mm respectively may be ignored) ” !   What an incoherent mess !!

2.  Insert New Sentence at the End of Paragraph #1.1.1 of Draft TGD M (2009) …

Objective (Approach to Buildings)

” Consideration should be given to the use of the approach and circulation routes around a building as accessible routes to a ‘place of safety’ during a fire emergency.”

3.  Insert New Sentence at the End of Paragraph #1.2.1 of Draft TGD M (2009) …

Objective (Access to Buildings)

” Consideration should be given to the use of all entrances to a building as accessible fire exits during a fire emergency.”

4.  Insert New Paragraph at the End of Paragraph #1.3.4.1 of Draft TGD M (2009) …

Passenger Lifts

” Manual handling of occupied wheelchairs in a fire evacuation staircase, even with adequate training for everyone directly and indirectly involved, is hazardous for the person in the wheelchair and those people – minimum three – giving assistance.  The weight of an average unoccupied powered wheelchair, alone, makes manual handling impractical.  Lifts in new buildings should, therefore, be capable of being used for evacuation in a fire situation.  For guidance on the use of lifts for fire evacuation, reference should be made to Technical Guidance Document B (Fire Safety).”

5.  Insert New Paragraph and New Sentence at the End of Paragraph #1.3.4.2 of Draft TGD M (2009) …

Internal Stairs

” To allow sufficient space to safely carry an occupied wheelchair down or up a fire evacuation staircase, and to accommodate contraflow, i.e. emergency access by firefighters entering a building and moving towards a fire, while people are still evacuating from the building to a ‘place of safety remote from the building, the clear unobstructed width (exclusive of handrails and any other projections, e.g. portable fire extinguishers, notice boards, etc.) of the flight of a single, or multi-channelled, stairs should not be less than 1 500 mm.  The surface width of a flight of stairs should not be less than 1 700 mm.”

Note:  See Footnote (5) to Table 1.5 in TGD B (2006) … ” The minimum widths given in the table may need to be increased in accordance with the guidance in TGD M: Access for People with Disabilities.”   DUH ?

And …

” For the purpose of safe assisted fire evacuation of people, the rise of a step should not have a height greater than 150 mm, and the going of a step should not have a depth less than 300 mm.”

6.  Insert New Sentence at the End of Paragraph #1.5.1 of Draft TGD M (2009) …

Objective (Facilities in Buildings)

” Consideration should be given to the use of relevant facilities within a building, by people with disabilities, for the purposes of fire safety, protection and evacuation.”

7.  Insert New Sentence at the End of Paragraph #1.6.1 of Draft TGD M (2009) …

Objective (Aids to Communication)

” Consideration should be given to the use of relevant aids to communication, by people with disabilities, for the purposes of fire safety, protection and evacuation.”

Note:  More guidance could be provided under each of the individual paragraphs of Section #1.6 of Draft TGD M (2009).  See Draft International Accessibility-for-All Standard ISO 21542.

8.  Insert New Section #2.6 of Draft TGD M (2009) …

Fire Safety in Dwellings for People with Disabilities

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