The draft Disabled People’s Rights Plan: our response

Title of consultation: Consultation on the draft Disabled People’s Rights Plan

Source of consultation: Welsh Government

Consultation Number: WG51509

Date: 07 August 2025 

The Equality and Human Rights Commission (EHRC) is the equality regulator for Great Britain and the National Human Rights Institution for Wales and England, and for reserved matters in Scotland. We have a statutory mandate to advise government and Parliament on matters relating to equality and human rights, and to promote and protect equality and human rights across Great Britain.

We welcome the attention the Welsh Government is giving to disability. We hope that this response will contribute to promoting the rights of disabled people and to ensuring disabled people are included and able to participate in all communities in Wales.

Strengthening participation for disabled people in society by addressing barriers to public services is one of our focused programmes under our current strategic plan. These programmes aim to address complex equality and human rights challenges in Great Britain.

We want to make Wales an inclusive and accessible place where disabled people:

• can participate without limits or restrictions
• can lead fulfilling lives
• have their individual and collective rights upheld
• have others recognise their contribution

We welcome the Welsh Government’s intention and ambition to introduce a long-term strategic plan to improve the rights and outcomes for disabled people in Wales. We note the co-produced and social model-based approach and recognise the plan’s ambition to align with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

The draft plan needs clearer governance and measurable outcomes to create real change. The plan should be improved to include detailed targets and measurable actions to address the most urgent and significant inequalities that affect disabled people in Wales now.

Our response draws on our evidence base and previous work, including our:

• Is Wales Fairer? 2023 report
• inquiry report on challenging decisions in adult social care
• inquiry report on the treatment of lower-paid ethnic minority workers
• international human rights monitoring

We welcome the ambition set out in the Welsh Government’s draft Disabled People’s Rights Plan 2025 to 2035 and its recognition that disabled people continue to face inequality. We also welcome the intention to include the social model of disability and improve disabled people’s rights in public policy.

We are concerned that the plan lacks clear, measurable outcomes and time-bound actions. Our Is Wales Fairer? 2023 report found that many disabled people in Wales continue to experience inequality in:

• health
• education
• employment
• housing
• transport
• access to justice

Our Human Rights Tracker highlights existing and historic gaps in the Welsh Government’s delivery of rights under the UNCRPD, particularly in relation to independent living, access to justice and participation in decision-making.

Despite previous strategies and intentions, the evidence shows that progress has been inconsistent and too often undermined by poor accountability and limited data. It therefore needs detailed measures for scrutiny, monitoring and governance.

We advise the Welsh Government to revise the plan to include specific indicators, baselines and targets aligned to clear timeframes and accountability mechanisms. Accountability mechanisms are processes that ensure policymakers and organisations can be held responsible for the outcome and performance of their policies. These changes are necessary to ensure that the plan delivers measurable progress on the rights of disabled people in Wales.

Governance and accountability

Strong governance and accountability are essential to making meaningful change for disabled people in Wales as highlighted in our Is Wales Fairer? 2023 report and our Human Rights Tracker. The draft plan must clearly set out:

• who is accountable for delivery
• how success will be measured
• what happens when organisations do not meet commitments

The plan currently lacks a framework for governance, accountability and monitoring progress.

The Welsh Government should consider:

• providing a detailed action plan with clear timeframes, named lead departments and organisations, specific indicators and timelines
• publishing regular progress reports against SMART (Specific, Measurable, Achievable, Relevant, Time-bound) indicators and sharing them in accessible formats
• committing to ongoing evaluation of the plan’s implementation, with any findings used to encourage improvement
• matching the governance mechanisms with the Public Sector Equality Duty (PSED) and UNCRPD to ensure that legal obligations are fulfilled, and that they measure progress alongside National Equality Objectives and UNCRPD rights

The Welsh Government should make governance and accountability a central pillar of the plan. Without clear roles, measurable outcomes and independent scrutiny, commitments risk becoming symbolic. The plan must ensure public bodies are made accountable for making real progress on disability rights, through transparent reporting, inclusive oversight and effective implementation.

Participation and co-production

Meaningful participation and co-production are important in improving disabled people’s rights and fulfilling obligations under Article 4(3) and Article 33(3) of the UNCRPD. We have consistently stated that disabled people must be fully involved in the development, implementation and monitoring of policies that affect their lives. They should not be consulted after other people and organisations make decisions but be equal partners in developing them.

We welcome the plan’s commitment to co-production and participation. The Welsh Government should:

• make co-production a standard approach in policymaking, particularly in the design and delivery of services affecting disabled people, supporting compliance with legal obligations under the PSED to engage with people with protected characteristics
• support Disabled People’s Organisations (DPOs) to lead accessible, inclusive engagement activities and ensure the voices of diverse disabled communities are represented
• monitor and report on participation, using indicators that track the extent and effect of disabled people’s involvement once the plan is launched

We welcome the approach that the Welsh Government took to co-producing recommendations for the plan through the Disability Rights Taskforce. The Welsh Government should commit to ongoing co-production with disabled people in all areas of implementation of the plan. This would include consideration of the sustainability of DPOs, strong standards for engagement and mechanisms to evaluate how participation influences outcomes. Participation is not just good practice, it is a human rights obligation that encourages fairer policies.

Data, evidence and equality monitoring

Several of our Is Wales Fairer? reports have highlighted significant equality and data gaps that need to be addressed. Commitments to use governmental data units to develop measures to track progress should be a priority for the plan and should inform its implementation and progress reporting.

The absence of consistent and detailed data remains a challenge. The Welsh Government should:

• improve detailed data collection by disability type, sex, ethnicity and age across important sectors such as health, education, employment and social care
• improve equality data collection across all devolved public services, including transport, housing, employment and health
• require Equality Impact Assessments (EIAs) that are published, monitored and acted upon, particularly in major policy reforms, in line with the Wales specific PSED regulations
• develop inclusive and sustainable engagement mechanisms to gather lived experiences alongside quantitative data
• require data to be published annually, organised by protected characteristics and socioeconomic status
• ensure transparent reporting of progress through measurable indicators linked to SMART objectives in the final Disability Rights Plan
• improve data linkage and sharing across public bodies to provide a more informed and detailed understanding of systemic disadvantage

Better use of data is important in advancing disability rights. The draft plan must go further in committing to consistent, disaggregated data collection, impact assessment and transparent monitoring. This will enable the Welsh Government and public bodies to identify inequalities, target resources effectively and be held accountable for progress.

Independent living and social care

The right to independent living is necessary for disabled people to participate fully and equally in society. It is an important human right, supported by Article 19 of the UNCRPD. However, many disabled people face persistent challenges to their right to live independently as part of the community. Our Human Rights Tracker highlights gaps in the action to address independent living for disabled people.

The Welsh Government has committed to promoting independent living through this plan. A rights-based approach must be included in the design and delivery of social care, housing and community services. Our Is Wales Fairer? 2023 report, and recent inquiries, highlight significant challenges to independent living, particularly relating to social care, accessible housing and user-led support.

The Welsh Government has committed to incorporate the UNCRPD into Welsh domestic legislation. We recommend that the Welsh Government use a model that includes:

• a public sector inclusion objective
• a qualified presumption in favour of living in the community
• emphasis on valuing disabled people’s opinions
• a ban on the establishment of further institutional accommodation
• assessment of unmet need
• enforcement and interpretation

The Welsh Government and the plan should commit to enhancing the right to independent living, as outlined in Article 19 of the UNCRPD.

On social care

Social care is essential to enabling disabled people in Wales to live independently, with dignity and participate fully in community life. Evidence from our Is Wales Fairer? 2023 report and our inquiry into the treatment of ethnic minority care workers shows ongoing inequalities in access, quality of care and workforce conditions.

Many disabled people face challenges to access personalised care and experience inflexible, under-resourced systems that undermine their rights. Our Human Rights Tracker highlights only some action has been taken by Welsh Government on implementing UN recommendations in social care.

An effective adult social care system should include the requirements of the Equality Act 2010, the Human Rights Act 1998 and the UNCRPD. We recommend that our nine principles for social care, drawn from these legal instruments, are used to guide the future of adult social care. These nine principles are that social care should:

• be person-centred
• be available
• be accessible
• give choice and control in communities
• have a valued workforce
• have comprehensive regulation
• have effective redress for workers
• have support for unpaid carers

We recommend that the Welsh Government: 

• adopt a rights-based approach to social care, aligning with Article 19 of the UNCRPD
• include equality and human rights throughout commissioning, in line with the our 2025 Guidance for social care commissioners in Wales
• improve accountability through equality impact assessments, better data and public reporting

Employment and economic inclusion

We welcome the inclusion of employment and economic inclusion in the plan, recognising that equal access to work is essential for disabled people’s independence, dignity and participation in society. The right to work is a fundamental aspect of economic, social and cultural rights and is lawfully protected under both the Equality Act 2010 and Article 27 of the UNCRPD. Despite this, disabled people in Wales are significantly less likely to be in employment and more likely to experience in-work poverty and underemployment. The disability employment gap in Wales remains high, with disabled people also overrepresented in low-paid and insecure work.

Our Human Rights Tracker has identified ongoing problems in implementing the right to work and just and fair conditions at work, highlighting the need for targeted, measurable action. We recommend that the final version of the plan sets out clear expectations for public bodies and employers to improve disabled people’s access to fair, dignified and inclusive work.

The Welsh Government should:

• set a clear target to reduce the disability employment gap by addressing employer attitudes and improving employment support services
• make workplaces more inclusive and accountable, for example by making careers advice accessible and promoting a culture of inclusive recruitment
• expand supported employment and pathways into quality work, for example supported internships, apprenticeships and job coaching
• ensure stronger enforcement of employment rights by working with the UK government to address unlawful discrimination
• address labour exploitation, promote the right to a fair wage and improve job quality
• include SMART equality objectives in development strategies

Education and skills

As the statutory body for equality and human rights in Wales, we are committed to ensuring that disabled people can access and thrive in inclusive education systems and pathways into employment, training and lifelong learning.

Evidence from our Is Wales Fairer? 2023 report highlights persistent inequalities faced by disabled learners across all stages of education. These include lower attainment, higher rates of school exclusion and inadequate support for transitions into further education and employment. We welcome the Welsh Government’s commitment to improving the rights of disabled people, but stronger, measurable action is now needed to ensure those rights are put into practice.

The Welsh Government should:

• make inclusive education a core principle across all education and skills planning in line with the UN Convention on the Rights of Persons with Disabilities (UNCRPD)
• improve accountability and data collection, particularly on the outcomes of disabled learners, where research shows there are gaps
• reduce exclusions, restrictive practices and inappropriate restraint, which disproportionately affect disabled pupils
• improve transition support into further education, training and employment

We welcome the plan and the Welsh Government’s focus on inclusive education and fair access to skills and training. Disabled learners continue to face challenges at all levels of the education system, from lower attainment and higher exclusion rates to poor transition support into employment. To address these inequalities, the plan must prioritise inclusive mainstream education, improved data and accountability and stronger transition pathways. It must also include legal duties under the Equality Act 2010 and UNCRPD, ensuring progress is measurable and enforceable.

Transport and accessibility

Accessible transport is important to disabled people’s independence, participation in society and enjoyment of their rights. However, evidence continues to show that many disabled people in Wales face persistent challenges when using public and private transport services.

Our Is Wales Fairer? 2023 and Accessible public transport for older and disabled people in Wales reports see transport as a key area where progress toward equality remains insufficient. Inaccessible stations, unreliable assistance and inconsistent staff training all contribute to a system that too often excludes disabled passengers. These issues not only limit access to education, employment and health services, but also restrict disabled people’s autonomy and social inclusion. Accessible transport is not only a service improvement but a basic human rights issue. Under the Equality Act 2010 and the UNCRPD, disabled people have the right to travel independently, safely and with dignity.

The actions outlined in the draft plan must go further to include accessibility across the entire transport system in Wales. The PSED and socio-economic duty require accessible transport for older and disabled people. Articles 9, 19, and 20 of the UNCRPD focus on accessibility, living independently, and personal mobility, respectively. Government should take appropriate measures to ensure people with disabilities have access to transportation. We recommend that the Welsh Government ensures this plan includes meaningful action and measurable outcomes that will guarantee all disabled people in Wales can access transport on an equal basis with others.

The Welsh Government and transport authorities should place accessibility at the centre of future transport planning and investment. This must include not only physical infrastructure, but also cultural and operational reform to deliver a system that works for everyone.

Our Bus Services Wales (Bill) consultation response and Accessible public transport for older and disabled people in Wales report recommended to government and transport bodies the need for:

• clear, time-bound targets for improving physical accessibility across rail, bus and taxi services, including step-free access, real-time passenger information and on-demand assistance
• mandated national minimum accessibility standards across all modes of transport, including rail, bus and taxi services
• investment in accessible infrastructure, such as step-free access, audio-visual announcements and consistent station support
• stronger mechanisms for monitoring transport accessibility, including disaggregated data on service failures and passenger experience
• better data collection and monitoring, to track disabled people’s transport experiences and identify areas of discrimination or exclusion

Our Is Wales Fairer? report highlights that disabled people in Wales continue to face widespread barriers to transport, negatively affecting their independence and rights. We strongly advise the Welsh Government to enable legally enforceable standards, better staff training, improved infrastructure and a right to redress when assistance fails. Accessibility should be central to planning, with detailed data collection and measurable targets. 

Justice and supporting environments

Access to justice is a fundamental right. However, many disabled people in Wales face challenges across the justice system ranging from inaccessible physical environments to a lack of appropriate communication and support. While justice functions are reserved (with some exceptions for youth justice), devolved areas such as victim support, social care and mental health services also play a crucial role in creating an inclusive and supportive environment. These must be designed with equality and accessibility at their core.

Our 2020 report Inclusive justice: a system designed for all found that disabled people’s experiences with the legal and justice systems, both civil and criminal, are improved through:

• better coordinated services
• knowledge of rights
• responsive support for abuse survivors
• evidence-based improvements

The plan should reflect the Welsh Government’s role in enabling equal access to justice through devolved powers. 

Embedding human rights

We welcome the Welsh Government’s ambition to include human rights in the plan. A rights-based approach, grounded in the UNCRPD and the Human Rights Act 1998, is essential to ensuring that disabled people are treated with dignity, autonomy and equality in every aspect of life. However, as our Human Rights Tracker shows, progress on including rights in policy and practice has been uneven and must be improved through clearer duties, accountability and implementation.

We welcome the plan’s reference to the UNCRPD but it should go further to:

• improve use of the PSED to require proactive consideration of disabled people’s rights in decisions, service design and resource allocation
• develop guidance and training for public authorities on how to apply human rights principles in everyday decision-making, including through Equality and Human Rights Impact Assessments (EHRIAs)
• ensure accountability mechanisms such as statutory reporting, accessible complaints processes and the publication of progress against SMART human rights objectives
• continue to support a Human Rights Legislative Options Working Group that builds on existing devolution powers to make rights more visible and enforceable

The plan must move beyond high-level commitments and include human rights in law, policy and practice. That includes using the UNCRPD as a framework, improving accountability under the PSED and ensuring public services are designed and delivered in ways that uphold dignity and autonomy. A rights-based approach must be measurable, enforceable and developed in collaboration with disabled people and their organisations.

wales@equalityhumanrights.com