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Hi Rachel
=20
Thanks for getting back to me and others and clarifying a few legal points =
on Gary's case and the UN Disability Convention. I know Janis (Gary's mum) =
and others will appreciate your advice.
=20
Thanks again.
=20
Hope your are well.
=20
Take Care
Colin Revell
----------------------------------------
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> Subject: Re: Gary Mckinnon:-Is it time yet for the Autistic/NeuroDiverse=
=2C Mental Health Survivors=2C Inclusive living and wider Disability moveme=
nts to make an official complaints to the UN Disability Convention Committe=
e in this case?
> Date: Mon=2C 12 Oct 2009 09:26:48 +0100
>
> Colin - McKinnon cannot take his case to the UN Convention Monitoring
> Committee until all legal options have been used in the UK and the Europe=
an
> Court. As the alleged violation took place before the UK ratified the CRP=
D
> I regret that he will probably not be able to take it there anyway.
>
> What can be done is that when the UK Disability movement writes an
> alternative report to the UK Government in 2 years time - when our
> monitoring is due - then we can use the McKinnon case as evidence.
>
> Please do not think that the UN Disability Convention in another legal
> pathway - it is merely a tool to support evidence - as are all the other
> human rights conventions.
>
> Rachel.
> Rachel Hurst
> Disability Awareness in Action
> 46 The Parklands
> Hullavington
> Wiltshire SN14 6DL
> 01666 837 671
> [log in to unmask]
> www.daa.org.uk
> ----- Original Message -----
> From: "Colin REvell"=20
> To: =3B =3B
> =3B =3B
> =3B
> =3B =3B
> =3B=20
> Cc: =3B =3B
> =3B =3B =3B
> =3B =3B
> =3B =3B
> "[log in to unmask]" =3B =3B
> =3B=20
> Sent: Sunday=2C October 11=2C 2009 2:57 PM
> Subject: Gary Mckinnon:-Is it time yet for the Autistic/NeuroDiverse=2C M=
ental
> Health Survivors=2C Inclusive living and wider Disability movements to ma=
ke an
> official complaints to the UN Disability Convention Committee in this cas=
e?
>
>
>
> I have just got off the phone with Gary's family and given my advice on t=
he
> UN Disability Convention in this case.
>
> Is it time yet for the Autistic/NeuroDiverse=2C Mental Health Survivors=
=2C
> Inclusive living and wider Disability movements to make an official
> complaints to the UN Disability Convention Committee in this case?
>
> ***Please disseminate freely within your own networks for further
> viewpoints=2C advice and support in this public interest case=2C especial=
ly
> those Disabled People with 'Hidden Impairments' and protecting of basic
> human rights and civil liberties
>
> UN Disability Convention FAQ's:-
>
> Is it possible to complain to the Committee if rights have been breached?
>
> Yes. The Optional Protocol to the Convention establishes an individual
> communications procedure that permits individuals and groups in a State
> party to the Protocol to complain to the Committee on the Rights of Perso=
ns
> with Disabilities that the State has breached one of its obligations unde=
r
> the Convention. The complaint is known as a =93communication=94. The Comm=
ittee
> examines the complaint and the observations of the State=2C and on this b=
asis
> formulates its views and recommendations=2C if any=2C forwards them to th=
e
> State=2C and makes them public.
>
>
> Can the Committee undertake inquires?
>
> Yes. The Optional Protocol establishes an inquiry procedure. If the
> Committee receives reliable information indicating grave or systematic
> violations by a State party to the Optional Protocol of any of the
> provisions of the Convention=2C the Committee may invite the State in que=
stion
> to respond to such information. After considering the State party=92s
> observations and any other reliable information=2C the Committee may desi=
gnate
> one or more of its members to conduct an inquiry and issue a report
> urgently. If the State agrees=2C the Committee may visit the country in
> question. After undertaking the inquiry=2C the Committee transmits its
> findings to the State which has six months to submit further observations=
.
> The Committee eventually summarizes its findings which it makes public. A
> State ratifying the Optional Protocol may =93opt out=94 of the inquiry
> procedure.
>
> http://www.un.org/disabilities/default.asp?id=3D151#sqc11
>
>
> UN Disability Convention: http://www.un.org/disabilities
>
> Rachel Hurst and Disability Awareness in Action (DAA):-
> http://www.daa.org.uk
>
>
>
> Colin Revell=2C CEO NeuroDiversity International
> Adrian Whyatt=2C Chair NeuroDiversity International
> http://www.neurodiversityinternational.org.uk
>
>
> _________________________________________________________________
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