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Making Rights Real: UNCRPD and the LDAN Bill

Enable’s work is focused on making the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) a reality in Scotland and across the world. Through our Rights Now campaign, we are calling for the UNCRPD to be incorporated into Scots law so people with learning disabilities have stronger protection of their human rights and clear accountability when those rights are not upheld.

Estimates say that between 10% and 15% of Scotland’s population is neurodivergent (Introduction - Learning Disabilities, Autism and Neurodivergence Bill: consultation - gov.scot). This is consistent across adults and children.

We also know more about how common different types of neurodivergence are: (Introduction - Learning Disabilities, Autism and Neurodivergence Bill: consultation - gov.scot)

  • Dyslexia affects around 10% of the population
  • Dyscalculia affects around 6%
  • Autism affects approximately 3% of school-aged children
  • ADHD affects around 5% of school-aged children, with 2.5–4% of adults also estimated to have ADHD

Despite these numbers, neurodivergent people and people with learning disabilities continue to face barriers across education, health, employment and community life. Too often, people tell us they struggle to access the right support, to be included in their communities, or to live with the same choice and control as others.

This is why Enable is campaigning for legislative change to strengthen rights and improve accountability.

A strong LDAN Bill

Alongside incorporating the UNCRPD through our Rights Now campaign, we are also calling for a strong Learning Disabilities, Autism and Neurodivergence (LDAN) Bill.

Today (Wednesday 18 March), the Scottish Government published Working together towards a Learning Disabilities, Autism and Neurodivergence Bill, setting out how the proposed Bill could improve how people’s rights are respected and how public services respond to the needs of people with learning disabilities and neurodivergent people.

The paper outlines how the Bill could help improve people’s experiences of public services through national and local strategic planning, better training for the public sector workforce, improved data, stronger access to advocacy, and clearer accountability.

We welcome the focus on measures that could help strengthen the foundations of support across public services and improve how rights are understood and delivered in practice.

The proposals set out how a future LDAN Bill could help make sure:

  • There is a national strategy and local delivery plans to improve support
  • Public sector staff have better training and understanding
  • Better data is gathered to improve planning and services
  • People can access advocacy to help them understand and exercise their rights
  • Public bodies take a more consistent and joined up approach
  • These proposals recognise that stronger planning, better data and improved understanding across services can help improve outcomes and reduce inequalities over time.

We believe these are important building blocks for improving accountability and creating a more consistent approach to supporting people with learning disabilities and neurodivergent people across Scotland.

Why these changes matter

Incorporating the UNCRPD into Scots law would strengthen accountability across public services. It would help make sure a human rights-based approach becomes part of how decisions are made, rather than an afterthought.

Alongside this, a strong LDAN Bill could help remove long-standing barriers by improving how services plan support, understand needs and measure progress.

Together, these changes could help Scotland move closer to becoming a country where people with learning disabilities and neurodivergent people can live with dignity, choice and inclusion.

Member Led Campaigning

More than 200 Enable members contributed to the Scottish Government’s LDAN consultation and over 650 Enable members contributed to our Rights Now report. Their experience shapes our work and our campaigning. This helps make sure the voices of people with learning disabilities and neurodivergent people stay at the heart of what we do.

During Neurodiversity Celebration Week, we recognise the progress that has been made. But we also recognise there is still more to do.

Lucy McKee, Enable Member Ambassador, said:
“Neurodiversity Celebration Week is about recognising people’s strengths, but we also need action. A strong LDAN Bill and incorporating the UNCRPD into Scots law would help make sure our rights are respected in real life.”
Through Rights Now and our calls for a strong LDAN Bill, we believe Scotland has an opportunity to strengthen rights and improve accountability.
We look forward to engaging with political parties during the Scottish Parliament election and working with the next Scottish Government to make progress on a strong LDAN Bill that delivers real change for people with learning disabilities and neurodivergent people."