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1
Umeasiegbu, Veronica I., Malachy Bishop, and Elias Mpofu. "The Conventional and Unconventional About Disability Conventions: A Reflective Analysis of United Nations Convention on the Rights of Persons With Disabilities." Rehabilitation Research, Policy, and Education 27, no. 1 (2013): 58–72. http://dx.doi.org/10.1891/2168-6653.27.1.58.
Повний текст джерелаАнотація:
This article presents an analysis of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in relation to prior United Nations conventions on disability and U.S. disability policy law with a view to identifying the conventional and also the incremental advances of the CRPD. Previous United Nations conventions related to disability have had, at best, partial success in effectively protecting the human rights of individuals with disabilities. The CRPD, as a policy instrument, has considerable potential for advancing the legal rights of persons with disabilities in the United States and globally. This article reviews this potential from national and international perspectives and explores the implications of the CRPD for rehabilitation counseling advocacy and education.
2
Sandland, Ralph. "A Clash of Conventions? Participation, Power and the Rights of Disabled Children." Social Inclusion 5, no. 3 (September 26, 2017): 93–103. http://dx.doi.org/10.17645/si.v5i3.955.
Повний текст джерелаАнотація:
This article considers the neglected topic of the relationship between the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, with regard to the participation rights of disabled children. It analyses key articles in both conventions and considers relevant general comments from both convention committees (the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities), and their interpretation by academic contributors. The article argues that much work on this topic fails to develop an adequate understanding of power relations, and that the ‘social model of disability’ which underpins the disabilities convention, when applied to ‘childhood’ (as opposed to ‘children’) suggests that the implications of that convention for the participation rights of all children, not only disabled children, are profound. This is because the disabilities convention rejects the relevance of tests of capacity and ‘best interests’ for disabled adults, for reasons which are equally germane to disabled children, and children in general. The article concludes with discussion of the difficulties in implementing the insights derived from the analysis of the disabilities convention in substantive law in the absence of a right to freedom from age discrimination for children, and suggests other, less far-reaching, reforms that could be made this notwithstanding.
3
Azmi, Norita, and Salawati Mat Basir. "Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan." Kanun: Jurnal Undang-undang Malaysia 32, no. 2 (July 2, 2020): 297–319. http://dx.doi.org/10.37052/kanun.32(2)no6.
Повний текст джерелаАнотація:
Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.
4
Nnawykezi, Uche A., and Bosede Remilekun Adeuti. "Disability’s rights to health: an obligation triggered by corona virus pandemic." Age of Human Rights Journal, no. 17 (December 17, 2021): 363–84. http://dx.doi.org/10.17561/tahrj.v17.6303.
Повний текст джерелаАнотація:
This paper examines the right to health and disabilities rights in the wake of Corona virus pandemic. The objective of this paper is to examine the applicable legal and policy frameworks on the rights of persons with disabilities and how it has adequately protected such persons in the face of Corona virus pandemic. The study adopts analytical, qualitative approach and builds its argument on existing literatures. The paper recommends the existing laws and policies on disability’s rights to health be enforced by relevant agencies, whilst Article 25 of the Convention on the Rights of Persons with Disabilities 2006 should be made proactive.
5
Flynn, Eilionóir. "Disability, Deprivation of Liberty and Human Rights Norms: Reconciling European and International Approaches." International Journal of Mental Health and Capacity Law 2016, no. 22 (February 23, 2017): 76. http://dx.doi.org/10.19164/ijmhcl.v22i2.503.
Повний текст джерелаАнотація:
<p><span style="font-family: 'Helvetica',sans-serif; font-size: 12pt; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: EN-GB; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;">Persons with disabilities are subject to unique forms of deprivation of liberty, often justified by reference to the need to protect their right to life, right to health, and to protect the human rights of others. This paper examines disability-specific forms of deprivation of liberty, particularly those authorised in mental health and capacity law, in light of their compliance with European and international human rights frameworks. It explores the apparent tension between Article 5 of the European Convention on Human Rights, which permits deprivation of liberty of ‘persons of unsound mind’ in certain circumstances, and Article 14 of the UN Convention on the Rights of Persons with Disabilities, which states that ‘the existence of a disability shall in no case justify a deprivation of liberty.’ The challenges in attempting to comply with both provisions are illustrated through reference to developments in England and Wales. This paper also seeks to offer a way forward for States Parties to both Conventions, in order to protect the rights of persons with disabilities.</span></p>
6
Malik, Faissal, Syawal Abduladjid, Dewa Gede Sudika Mangku, Ni Putu Rai Yuliartini, I. Gusti Made Arya Suta Wirawan, and Putu Ronny Angga Mahendra. "Legal Protection for People with Disabilities in the Perspective of Human Rights in Indonesia." International Journal of Criminology and Sociology 10 (April 30, 2021): 538–47. http://dx.doi.org/10.6000/1929-4409.2021.10.62.
Повний текст джерелаАнотація:
The purpose of this research is to find out how the principles of legal protection for persons with disabilities and how the implementation of legal protection for persons with disabilities. Indonesia has strong legal principles in making Indonesia a constitutional state with the existence of regulations on guarantees for the protection and empowerment of persons with disabilities which are reflected in; Pancasila as the state philosophy, the Preamble of the 1945 Constitution, Law, TAP MPR, Conventions and International Declarations on human rights. Likewise, legal recognition of persons with disabilities can be seen from the regulations, both Indonesian state regulations, and regulations, or international organizations that provide legal guarantees for the rights of persons with disabilities.
7
Suphia, Suphia, and Tioma R. Hariandja. "Upaya Perlindungan dan Pemenuhan Hak Penyandang Disabilitas di Kabupaten Jember." JURNAL RECHTENS 10, no. 1 (June 29, 2021): 91–108. http://dx.doi.org/10.36835/rechtens.v10i1.1022.
Повний текст джерелаАнотація:
Abstrak Peraturan tentang penyandang disabilitas telah dimulai dengan diratifikasinya Convention On The Rights Of Person With Disabilities (Konvensi Mengenai Hak-Hak Penyandang Disabilitas) melalui Undang-Undang Nomor 19 Tahun 2011 Tentang Pengesahan Konvensi. Kemudian dilanjutkan pada Tahun 2016 dengan diterbitkannya Undang-Undang Nomer 8 Tahun 2016 Tentang Penyandang Disabilitas dan kemudian diakomodir oleh Pemerintah Daerah Kabupaten Jember melalui Peraturan Daerah Nomor 7 Tahun 2016 Tentang Perlindungan dan Pemenuhan Hak Penyandang Disabilitas. Keseluruhan peraturan tersebut sudah sinergi dalam mewujudkan pemenuhan hak penyandang disabilitas. Namun secara realisasi peraturan tersebut sangatlah minim dan cenderung susah untuk dicapai. Pelaksanaan Perda Kabupaten Jember Nomor 7 Tahun 2016 di Kabupaten Jember, masih belum efektif dalam realisasi penyelengaraan pemerintahan daerah, terbukti dengan kurang pahamnya masyarakat tentang Perda. Kemudian minimnya fasilitas dalam menjamin hak-hak penyandang disabilitas di Kabupaten Jember. Kata Kunci : Hak, Disabilitas, Kabupaten Jember Abstract Regulations on persons with disabilities have started with the ratification of the Convention On The Rights Of Persons With Disabilities through Law Number 19 of 2011 concerning Ratification of the Convention. Then continued in 2016 with the issuance of Law Number 8 of 2016 concerning Persons with Disabilities and then accommodated by the Regional Government of Jember Regency through Regional Regulation Number 7 of 2016 concerning Protection and Fulfillment of Rights of Persons with Disabilities. All these regulations have synergies in realizing the fulfillment of the rights of persons with disabilities. However, in reality, these regulations are minimal and tend to be difficult to achieve. The implementation of the Regional Regulation of Jember Regency Number 7 of 2016 in Jember Regency, is still not effective in the realization of the implementation of regional government, as evidenced by the lack of understanding of the community about the Regional Regulation. Then the lack of facilities in guaranteeing the rights of persons with disabilities in Jember Regency. Keywords: Rights, Disability, Jember Regency
8
Seatzu, Francesco. "The Convention on the Rights of Persons with Disabilities and International Human Rights Law." International Human Rights Law Review 7, no. 1 (June 19, 2018): 82–102. http://dx.doi.org/10.1163/22131035-00701004.
Повний текст джерелаАнотація:
This article argues that it is not possible to interpret or apply the International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (Convention on the Rights of Persons with Disabilities or CRPD) and its related Optional Protocol to the Convention on the Rights of Persons with Disabilities without drawing on the texts of other human rights treaties and the related jurisprudence of their judicial or quasi-judicial supervisory bodies. Conversely, it is not possible to supervise the implementation of other human rights treaties, where persons with disabilities are concerned, without drawing on the text of the CRPD and related interpretative conclusions of the Committee on the Rights of Persons with Disabilities (CRPD Committee).
9
Baranauskiene, Ingrida. "THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES VERSUS THE RIGHT TO HEALTH CARE." SOCIAL WELFARE: INTERDISCIPLINARY APPROACH 1, no. 9 (December 9, 2019): 131. http://dx.doi.org/10.21277/sw.v1i9.470.
Повний текст джерелаАнотація:
<p>By employing the research methodology of thematic analysis, the paper presents the investigation of the Convention on the Rights or Persons with Disabilities in the aspect of the right to health care. The revealing of fundamental resolutions of the Convention on the Rights of Persons with Disabilities, manifestation of them in the aspect of the health care system are the object of the present paper; moreover, these emphasise the social relevance seeking to ensure comprehensive and equal use of all human rights and fundamental freedoms, dignity, full participation in public life and, naturally, health care system for persons with disabilities. The research problem is formulated within this context: What resolutions of the Convention on the Rights of Persons with Disabilities are the most important to successfully ensure persons’ with disabilities rights to health care? What is the semantic manifestation of these resolutions and what are the contexts that ensure successful implementation of them? </p>
10
Harpur, Paul, and Michael Ashley Stein. "Indigenous Persons with Disabilities and the Convention on the Rights of Persons with Disabilities." International Human Rights Law Review 7, no. 2 (November 29, 2018): 165–200. http://dx.doi.org/10.1163/22131035-00702002.
Повний текст джерелаАнотація:
This article analyses how disability human rights protections and processes under the United Nations Convention on the Rights of Persons with Disabilities (crpd) have responded to the heightened vulnerability created when disability intersects with indigeneity. It considers the evolution of international human rights law instruments for indigenous persons with disabilities. It further examines the drafting history of the crpd related to indigenous-specific content and examines the crpd Committee’s engagement with the human rights protections and violations of indigenous persons with disabilities. It demonstrates that the crpd Committee has advanced these rights by acknowledging the rights of indigenous persons in the general course of its work, but has fallen short of adequately recognising the special vulnerabilities that are created when disability and indigeneity intersect. This evaluation is illustrated by expounding on the crpd Committee’s recommendation in Noble v Australia, a communication brought by an indigenous person with a ‘mental and intellectual disability’ whose indigenous status was not engaged.
11
Notoprayitno, Maya Indrasti. "KETAKUTAN YANG BERALASAN PADA PENGUNGSI PENYANDANG DISABILITAS (Well-Founded Fear within Refugees with Disabilities)." terAs Law Review : Jurnal Hukum Humaniter dan HAM 3, no. 1 (October 21, 2021): 35. http://dx.doi.org/10.25105/teras-lrev.v3i1.10744.
Повний текст джерелаАнотація:
<p><em>Persons with disabilities are vulnerable group and would be found anywhere in any situation. They become refugees since their conditions of persecution and they should leave out from their country. Unfortunately, the problem occured when persons with mental disabilities could not indicate their well-founded fear as stated in the 1951 Convention on the Status of Refugees. Regarding the problem, Convention on the Rights of Persons with Disabilities (CRPD) may be the answer to settle the problem since CRPD is the human rights approach to disability and recognizes the right of persons with disabilities to equality in most aspects of life. From CRPD, refugees with disabilities can show a well-founded fear thus giving a hope for them in obtaining refugee status and gaining access equivalent to refugees in general. UNHCR uses the CRPD as a reference in carrying out the responsibilities and commitments for the rights of refugees with disabilities.</em></p>
12
Mégret, Frédéric. "The Disabilities Convention: Human Rights of Persons with Disabilities or Disability Rights?" Human Rights Quarterly 30, no. 2 (2008): 494–516. http://dx.doi.org/10.1353/hrq.0.0000.
Повний текст джерела
13
Nurhayati, Siti. "Kesetaraan Di Muka Hukum Bagi Penyandang Disabilitas (Analisis Putusan Nomor 28/Pid.B/Pn.Skh/2013)." Realita : Jurnal Penelitian dan Kebudayaan Islam 14, no. 1 (May 21, 2022): 94–110. http://dx.doi.org/10.30762/realita.v14i1.237.
Повний текст джерелаАнотація:
The right on the same position on the law means that every citizens including disabilities persons have the same change to use their rights regulated by the institution. Indonesia government has signed Convention on the Rights of Persons with Disabilities in March 30, 2007 in New York. That even shows the strong intention of Indonesia country to respect, save, fulfill, and develop the disabilities persons’ right to fulfill the welfare of the disabilities persons. There is a case happened in Sukaharjo in the decision No. 18/Pid.B/PN.SKH/2013 about a crime defeated the disabilities person. This study employed library research design. The finding shows that the judges in the decision Nomor 28/Pid.B/PN.SKH state that the defendant convicted 8 years 6 months. The decision can be used as jurisprudence for other judges in examining the same case in order to avoid criminal disparity. In a further development, the criminal appeals to the High Court in Central Java, and in the High Court, Decision No. 244 / Pid 2013 / P.T.Smg actually strengthens the High Court Decision Sukoharjo with 10 years prison. Based on this decision it should increase the capacity of law enforcement agencies in the fulfillment of the right to a fair trial for persons with disabilities must be done. It aims to introduce the concept of disability to law enforcement officials, provide an understanding of human rights, especially the rights of persons with disabilities to law enforcement officials, as well as provide expertise (skills) to law enforcement authorities on the way and methods to fulfill the accessibility of persons with
14
Satoto, Sukamto, Hartati Hartati, and Nazifah Nazifah. "Formulation of Legal Protection for Persons with Disabilities in The Civil Service Recruitment System in The Perspective of Human Rights." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 6, no. 2 (December 31, 2021): 319. http://dx.doi.org/10.17977/um019v6i2p319-324.
Повний текст джерелаАнотація:
This research aimed to fulfill the rights of persons with disabilities to get jobs according to their fields without reducing their rights. One of them was the recruitment of civil servant candidates. The research method used was normative juridical with literature study. Decent work is a right for every human being without exception. Various racial, ethnic, and religious backgrounds that are part of human identity do not prevent him from getting his rights, likewise with the physical or non-physical conditions that underlie a human being. Every human being who has a certain physical or non-physical background also has the same right to get a decent job, including people with disabilities. The State of Indonesia has ratified the Convention on the Rights of Persons with Disabilities into Law Number 19 of 2011. In the preamble to the law, it is explained that countries that sign the Convention should promote and protect the rights and dignity of persons with disabilities and increase the participation of persons with disabilities in the civil, political fields, economic, social, and cultural-based on an equal opportunity. It means that the Indonesian government is legally obliged to fulfill the rights of persons with disabilities, especially regarding the right to work in Indonesia.
15
Weller, Penelope. "The Convention on the Rights of Persons with Disabilities and the social model of health: new perspectives." International Journal of Mental Health and Capacity Law, no. 21 (September 8, 2014): 74. http://dx.doi.org/10.19164/ijmhcl.v0i21.234.
Повний текст джерелаАнотація:
Contemporary mental health laws are embedded in basic human rights principle, and their ongoing evolution is influenced by contemporary human rights discourse, international declarations and conventions, and the authoritative jurisprudence of the European Court of Human Rights (ECrtHR). The<em> Convention on the Rights of Persons with Disabilities</em> (CRPD) is the most recent expression of international human rights applicable to people with disability including people with mental illness.3 It provides a fresh benchmark against which to assess the human rights compatibility of domestic mental health laws.
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Nazifah, Nazifah, Dewa Gede Sudika Mangku, and Ni Putu Rai Yuliartini. "Fulfillment of Labor Rights for Persons with Disabilities in Indonesia." International Journal of Criminology and Sociology 10 (December 31, 2020): 272–80. http://dx.doi.org/10.6000/1929-4409.2021.10.33.
Повний текст джерелаАнотація:
The purpose of this research is to fulfill the rights of persons with disabilities to obtain jobs following their fields without reducing their rights. The research method used is normative juridical with literature study. Decent work is a right for every human being without exception. Various racial, ethnic, and religious backgrounds that are part of a human's identity do not become a barrier for him to get his right. Likewise with the physical or non-physical conditions that underlie a human being. Every human being who has a certain physical or non-physical background also has the same rights to get decent work, including persons with disabilities. The State of Indonesia ratified the Convention on the Rights of Persons with Disabilities into Law Number 19 of 2011. In the preamble of the law, it was explained that the countries that signed the convention had the obligation to promote and protect the rights and dignity of persons with disabilities and promote their participation in the civil, political, economic, social, and cultural spheres is based on equal opportunities, meaning that the Indonesian Government is obliged by law to fulfill the rights of persons with disabilities, especially about the right to work in Indonesia.
17
Dahlan, Muhammad, and Syahriza Alkohir Anggoro. "Hak atas Pekerjaan bagi Penyandang Disabilitas di Sektor Publik: Antara Model Disabilitas Sosial dan Medis." Undang: Jurnal Hukum 4, no. 1 (June 5, 2021): 1–48. http://dx.doi.org/10.22437/ujh.4.1.1-48.
Повний текст джерелаАнотація:
The opportunity to fulfill the rights to work for persons with disabilities has been increasing since the ratification of Convention on the Rights of Persons with Disabilities (CRPD). Indonesia has adopted a “quota scheme” through the Law Number 8 of 2016 on Persons with Disabilities where government institution has set a minimum quantity of two percent as the number of workers for persons with disabilities as affirmative action targeted at promoting human rights. This article examines the progress of the legal framework for persons with disabilities by using a case study in civil cervants in the public sector. We argue that despite Indonesia’s disability legal regime has pushed the social model of disabilities that promotes human rights-based approach, its implementation is still based on the medical model of disability, in which it sees persons with disabilities on physical condition, and thus, they are assumed to be able to work in a certain field determined by the government. This article argues that affirmative policy does not provide equal opportunities to persons with disabilities as the special formation and medical requirements prevent them from applying for occupations that match their interests and educational background. The use of the medical model of disability in providing employment opportunities in the public sector prevents the level of participation and the formation of an inclusive workplace environment.
Abstrak
Peluang untuk memenuhi hak atas pekerjaan bagi para penyandang disabilitas terus meningkat sejak ratifikasi Convention on the Rights of Persons with Disabilities (CRPD). Indonesia mengadopsi “skema kuota” melalui UU Nomor 8 Tahun 2016 tentang Penyandang Disabilitas di mana institusi negara menetapkan minimal dua persen jumlah formasi pekerja bagi para penyandang disabilitas sebagai tindakan afirmatif yang ditargetkan untuk mempromosikan hak asasi manusia. Artikel ini memeriksa sejauh mana kerangka kerja hukum disabilitas di Indonesia memfasilitasi pemenuhan hak atas pekerjaan bagi penyandang disabilitas dengan menggunakan contoh kasus pada penyelenggaraan ketenagakerjaan di sektor publik. Kami berpendapat bahwa meskipun rezim hukum disabilitas di Indonesia menekankan model sosial disabilitas yang mempromosikan pendekatan berbasis hak asasi manusia, implementasinya masih didasarkan pada model medis disabilitas yang memandang penyandang disabilitas berdasarkan kondisi fisik dan karenanya diasumsikan hanya dapat masuk pada bidang pekerjaan yang telah ditentukan oleh negara. Artikel ini berpendapat bahwa kebijakan afirmatif tidak memberikan peluang yang setara bagi penyandang disabilitas karena formasi khusus dan persyaratan medis menghambat mereka untuk melamar pada bidang pekerjaan yang sesuai dengan minat dan latar belakang pendidikannya. Penggunaan model medis disabilitas dalam penyelenggaraan kesempatan kerja di sektor publik pada gilirannya menghambat tingkat partisipasi dan pembentukan lingkungan kerja yang inklusif.
18
Kremte, Henok Ashagrey. "Unveiling the Challenges in the Implementation of Article 13 of the United Nations Convention on the Rights of Persons With Disabilities on the Right to Access to Justice: A Case Study of Lesotho." Review of European Studies 11, no. 1 (February 28, 2019): 194. http://dx.doi.org/10.5539/res.v11n1p194.
Повний текст джерелаАнотація:
Article 13 of the United Nations Convention on the Rights of Persons with Disabilities guarantees access to justice in the context of disability as a human right and puts concrete and binding duties on state parties. It lays down a duty to safeguard effective access to justice for persons with disabilities on an equal basis with others. Nevertheless, persons with disabilities are extremely susceptible to marginalization and discrimination in Africa and are often denied access to justice. The situation in the Kingdom of Lesotho is not an exception to this reality. The research thus aims at unveiling challenges in the implementation of Article 13 of the United Nations Convention on the Rights of Persons with Disabilities on the right to access justice in the Kingdom of Lesotho and proposes possible recommendations. To this effect, the country’s policies and legislative framework were reviewed to determine the extent to which the right to access justice of persons with disabilities is met and aligned with the United Nations Convention on the Rights of Persons with Disabilities. Factors that hinder persons with disabilities from accessing justice mechanisms in the country were also scrutinized, and the research concluded that persons with disabilities face difficulties in accessing justice because of social, legal and structural obstacles, and recommended legislative, administrative, judicial and other measures. In reaching this conclusion, the research adopted four methodologies of data collection: interview, on-site visit, focus group discussions and desk review research. The research used a human-rights based approach to disability issues so as to frame the enquiry, design the tools for analysis, and made practical findings and recommendations.
19
Alqadafi, Amir Fiqih. "Juridical Analysis Of Diffabel Wives In Article 57 Letter (B) Compilation Of Islamic Law." FALASIFA : Jurnal Studi Keislaman 9, no. 2 (September 2, 2018): 111–26. http://dx.doi.org/10.36835/falasifa.v9i2.126.
Повний текст джерелаАнотація:
One of the strongest reasons for proposing polygamy as contained in article 57 letter b is that teh wife have a body defect (imperfect body) so that the husban can file a divorce and disability claim which is called diffable. There are regulations that regulate the similarity of rights before the law such as human rights, law number 4 of 1997 concerning persons with disabilities, the constitution of the Republik of Indonesia years 1945, law number 19 years 2011 concerning the ratification of disability conventions and law number 18 years 2016 concerning disability. Formulation of the problem is 1) what is the jurdical analysis of legal protection for women with disabilities in article 57 letter b KHI. 2) what is the solution or form of legal protection for women with disabilities in article 57 letter b KHI. Methodes is qualitative descreibed by the statute approach and conceptual aprroach. Type of library research and data collection in documentation and data analysis using content analiysis. Validity of data in credibility and data triangulation. Conclusion, the provisions of article 57 letter b conflict with human rights and disability law there are law number 4 years 1997 concerning persons with disabilities, the Republik Of Indonesia years 1945 artcle 27, law number 19 years 2011 concerning convention on the right of persons with disabilities and law number 8 years 2016 concerning disability and the jugde must tigthen not to grant the husban who wants to be polygamy for the reason of the disability.
Keyword : Wives, Diffable, Compilation Of Islamic Law
20
Škorić, Marisabell, and Sandra Fabijanić Gagro. "Mental Health Legislation Through History and Challenges in Implementing Article 14 of the Convention on the Rights of Persons with Disabilities." Anali Pravnog fakulteta u Beogradu, no. 4 (December 18, 2020): 56–79. http://dx.doi.org/10.51204/anali_pfub_20403a.
Повний текст джерелаАнотація:
The paper is divided into two parts to facilitate a clearer understanding of all aspects of the change in the position of people with psychosocial disabilities, regarding the right to liberty and security, through the historical development of national and international legal frameworks. The first part briefly presents an overview of national legislation on the protection of persons with psychosocial disabilities and the circumstances in which states adopted the Convention on the Rights of Persons with Disabilities earlier this century. The second part of the paper underscores the challenges the States Parties face in the implementation of Article 14 of the Convention. The State Parties’ reports show that the processes of changing the perceptions of persons with psychosocial disabilities, when it comes to their involuntary detention, have been changing quite slowly and partially and that the realisation of their human rights is one of the Convention’s greatest challenges.
21
Yuliartini, Ni Putu Rai, Anak Agung Istri Atu Dewi, and Ni Ketut Supasti Darmawan. "Implementation of Convention on The Rights of Persons with Disabilities in Providing Legal Protection for Persons with Disabilities in Indonesia." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 6, no. 1 (June 27, 2021): 129. http://dx.doi.org/10.17977/um019v6i1p129-137.
Повний текст джерелаАнотація:
The purpose of this study was to analyze legal protection for persons with disabilities in Indonesia and the implementation of the convention on the rights of persons with disabilities in Indonesia. The approach used in this research was a qualitative approach with a descriptive analysis method. The type of research used normative juridical. Data collection techniques used literature study. The results of the study indicated that legal protection for persons with disabilities in Indonesia had been included in the constitution and several laws and regulations. The principles of equality and non-discrimination were contained in several instruments. The existence of special rights granted to persons with disabilities to be able to maintain their identity, characteristics, and traditions. Non-discriminatory treatment was equally important to achieve equal treatment. The implementation of the convention on the rights of persons with disabilities in Indonesia was evidenced by the ratification of Law Number 19 of 2011 concerning Ratification of the Convention on the Rights of Persons with Disabilities. Providing equal opportunities for persons with disabilities in all aspects of state and community administration, respecting, protecting, and fulfilling the rights of persons with disabilities, including the provision of adequate accessibility and accommodation aimed at protecting from neglect, exploitation, harassment, all discriminatory actions, and violations of human rights.
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Gde Wiryawan, I. Wayan. "The corporate social responsibility policy in the fulfillment of facilities for workers with disability." International Journal of Research in Business and Social Science (2147- 4478) 11, no. 1 (February 27, 2022): 340–49. http://dx.doi.org/10.20525/ijrbs.v11i1.1669.
Повний текст джерелаАнотація:
The issue of people with disabilities or people who have different abilities is now known as "diffable" (differently-abled people) or now known as "disability" is a problem that on a practical level rarely gets the attention from the government, companies and community. In fact, the international community really appreciates and respects the protection of the human rights of persons with disabilities. This can be seen in the Convention on the Rights of Persons with Disabilities which is an international agreement on the protection of the rights of persons with disabilities. This international agreement was adopted on 13 December 2006 at the United Nations Headquarters in New York and opened for signature on 30 March 2007. Indonesia itself has signed the Convention on the Rights of Persons with Disabilities on 30 March 2007 and ratified on 30 November 2011. The implication is that the state is obliged to guarantee the fulfillment of the right of people with disabilities to find work. The rights for persons with disabilities do not only end there but also include the right to have a work area that is friendly to persons with disabilities. To fulfill these rights, companies are expected to implement corporate social responsibility policies. Corporate social responsibility is a business commitment to act ethically, operate legally and contribute to economic development along with improving the quality of life of its workforce. In this study, it will be discussed how the formulation of corporate social responsibility in the laws and regulations in Indonesia and how to fulfill facilities for disabled workers within the framework of corporate social responsibility policies.
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Pathakji, Neha. "A Reflexive Law Approach and Accessibility Rights of Persons with Disabilities to the Virtual World: Seeking the Midas Touch of Corporations." QUT Law Review 15, no. 2 (December 17, 2015): 140. http://dx.doi.org/10.5204/qutlr.v15i2.578.
Повний текст джерелаАнотація:
<em>The </em>United Nations Convention on the Rights of Persons with Disabilities<em> undeniably made a paradigm shift in the discourse and construction of ‘disability’. It seeks to recognise the inherent dignity, value and autonomy of persons with disabilities as members of human society and their right to live in the world in an inclusive and participatory manner on an equal basis with others. The right to live in the world encompasses the right to live in the virtual world. This necessitates ensuring accessibility to the Internet. Whereas international human rights law recognises the state as directly responsible for ensuring accessibility, it is private corporations that effectively function as the gatekeepers of the Internet. Unless corporations are proactively engaged, the virtual world cannot be made inclusive for persons with disabilities. The complexity of this issue requires looking beyond conventional forms of command-control anti-discrimination laws. This article explores a reflexive law approach to create a dialogic web between seemingly differentiated subsystems in society (with their own norms and values) in order to attain accessibility rights for persons with disabilities.</em>
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Wojnowska-Radzińska, Julia. "Ochrona praw wyborczych osób z niepełnosprawnościami w świetle przepisów Konstytucji RP – mit czy rzeczywistość?" Przegląd Konstytucyjny, no. 2 (2022) (July 2022): 117–32. http://dx.doi.org/10.4467/25442031pko.22.014.16012.
Повний текст джерелаАнотація:
Protection of the Voting Rights of Persons with Disabilities in the Light of the Polish Constitution – Myth or Reality This article addresses the issue of legal barriers that prevent people with intellectual or mental disabilities from exercising their electoral rights, in particular their right to vote. The Constitution of the Republic of Poland of 1997 in Art. 62(2) specifies that persons who, by a final judgment of a court, have been subjected to legal incapacitation shall have no right to participate in a referendum nor a right to vote. However, the Convention on the Rights of Persons with Disabilities, ratified by Poland, guarantees that people with disabilities should be able to participate actively in decision-making processes concerning policies and programmes, including those that directly affect them. In particular, the Convention provides them with the right to vote and be elected, regardless of their disability.
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Mangku, Dewa Gede Sudika, Ni Putu Rai Yuliartini, and I. Wayan Lasmawan. "Legal Protection for People with Disabilities in Indonesia in the Perspective of Justice Theory." Unnes Law Journal 8, no. 2 (October 19, 2022): 245–62. http://dx.doi.org/10.15294/ulj.v8i2.52406.
Повний текст джерелаАнотація:
Respect, protection and fulfillment of the rights of persons with disabilities are the obligations of the state. This is also confirmed in Law Number 39 of 1999 concerning Human Rights, so that society has the responsibility to respect the rights of Persons with Disabilities. During this time, Persons with Disabilities have experienced a lot of discrimination which results in not fulfilling the implementation of the rights of persons with disabilities. The passing of Law Number 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons with Disabilities on November 10, 2011, showed that the commitment and seriousness of the Indonesian Government to respect, protect and fulfill the rights of persons with disabilities which in turn are expected to improve the welfare of persons with disabilities. This study confirmed and highlighted that legal protection for people with disabilities has been provided in several laws and regulation both national and international legal system. The implementation and fulfillment of the rights of persons with disabilities is aimed at realizing a higher quality, fairer, physically and mentally prosperous, and dignified standard of life for persons with disabilities. In addition, the implementation and fulfillment of rights are also aimed at protecting persons with disabilities from neglect and exploitation, harassment and all discriminatory acts, as well as human rights violations.
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Nurvianti, Dewi. "ACCESSIBILITY RIGHTS TO PUBLIC FACILITIES FOR DISABILITIES IN INDONESIA." Tadulako Law Review 2, no. 2 (December 31, 2017): 221. http://dx.doi.org/10.22487/j25272985.2017.v2.i2.8945.
Повний текст джерелаАнотація:
The disabilities people in Indonesia, interacting with their environment experienced many obstacles, especially in accessing public facilities. To eliminate all these obstacles, the Government of Indonesia pursues one way of doing so by fulfilling the right to accessibility to public facilities for PwDs. Such fulfillment efforts begin by ratifying the International Convention on Persons with Disabilities that govern the fulfillment of those rights. In addition, the effort taken also to give birth to the national legislation about persons with disabilities namely Law No. 8 of 2016. In the Act is regulated one of several rights, namely the right to accessibility. In this article we will describe the right accesibiltas which is part of human rights and the availability of legal guarantees in Indonesia on the right to accessibility for persons with disabilities in some legislation related to public facilities, namely the right to accessibility to building, spatial and region and transportation. The conclusions presented in this article are, firstly, the right to accessibility is an integral part of the concept of human rights. Secondly, the right to accessibility to public facilities for persons with disabilities is accommodated in several laws and regulations in Indonesia.
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Smith, Matthew S., and Michael Ashley Stein. "Connecting the Right of Collective Legal Capacity by Indigenous Peoples with the Right of Individual Legal Capacity by Persons with Disabilities." International Human Rights Law Review 9, no. 2 (October 24, 2020): 147–83. http://dx.doi.org/10.1163/22131035-00902007.
Повний текст джерелаАнотація:
Abstract This Article explores the juridical implications of indigenous peoples’ right to legal capacity in the Inter-American system for cases involving the same right of persons with disabilities within that system and beyond. It explicates the Inter-American Court of Human Rights’ (IACtHR) three-factor test in Saramaka People v Suriname and analogizes its reasoning with rationales underpinning the right to legal capacity under the United Nations Convention on the Rights of Persons with Disabilities (crpd). It then demonstrates how the IACtHR can apply a Saramaka-style test to future cases brought by persons with disabilities challenging legal capacity restrictions. The Article further argues that the European Court of Human Rights (ECtHR) should also apply this rule to align its legal capacity jurisprudence with the crpd’s mandates. Finally, it suggests that the Committee on the Rights of Persons with Disabilities (crpd Committee) ought to consider this rule when resolving individual communications and thereby guide courts.
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Skarstad, Kjersti. "Human rights through the lens of disability." Netherlands Quarterly of Human Rights 36, no. 1 (January 9, 2018): 24–42. http://dx.doi.org/10.1177/0924051917753251.
Повний текст джерелаАнотація:
Notions discriminatory to persons with disabilities commonly underpin political theories of rights. While persons without disabilities are considered “normal” and independent, persons with disabilities are commonly seen as “deviant” and dependent. Persons with intellectual disabilities are also seen as lacking the autonomy required to have human rights. Acknowledging the equal human rights of all human beings, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) refutes such notions. Drawing upon relational theory, this Article provides a theoretical basis to some of the novel features of the CRPD. In contrast to many dominant theories of rights, the author argues that 1) disability constitutes a natural part of human diversity, 2) human beings are interdependent, 3) rights are achieved through supportive relations, and 4) human rights are ideals that inform how we should treat each other. The Article shows that a human rights theory fully inclusive of persons with intellectual disabilities also strengthens the human rights of others.
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Ferri, Delia. "The Unorthodox Relationship between the EU Charter of Fundamental Rights, the UN Convention on the Rights of Persons with Disabilities and Secondary Rights in the Court of Justice Case Law on Disability Discrimination." European Constitutional Law Review 16, no. 2 (June 2020): 275–305. http://dx.doi.org/10.1017/s1574019620000164.
Повний текст джерелаАнотація:
Court of Justice – Discrimination on the basis of disability – Article 21 and 26 of the Charter of Fundamental Rights – UN Convention on the Rights of Persons with Disabilities – Employment Equality Directive – Relationship between different sources of law protecting the right of persons with disabilities – Charter as interpretative aid – Charter as a parameter of validity – Scope of application of the Charter – Constitutionalisation of the UN Convention
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Rosdianti, Yeni. "The Right To Work in Article 27 Of The Un-Convention On The Rights of Persons With Disabilities: Towards An Inclusive Employment." Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan 9, no. 2 (January 2, 2019): 235–52. http://dx.doi.org/10.22212/jnh.v9i2.1024.
Повний текст джерелаАнотація:
Work is essential for every human being, not only in economic meaning, but also in the sense of dignity. It guarantees to sustain life and also a tool of inclusion as a vital social relationship in a society. Dignity outlines the principle of equality to form an inclusive society. Thereunto, a social inclusion is an objective whereby disadvantaged groups are fully respected yet enjoying their maximum equal participation in the society. Social inclusion is the ultimate goal of disability movements. In this respect, human rights play its crucial roles to acknowledge the rights of persons with disabilities which centered on an equality and non-discrimination principles. United Nation Convention on the Rights of Persons with Disabilities (hereinafter CRPD), that has been ratified by Indonesian Government in 2011, draws the enormous attention specifically on the protection of the persons with disabilities within a broad application of general human rights norms. This treaty is considered as a modern human rights model of disability. With respect to work and employment for persons with disability, article 27 elucidates a development of the right to work of persons with disabilities to aim an inclusive employment. For this reasons, CRPD acknowledges the positive measures to be applied as the vigorous means in removing structural barriers to date. Abstrak“Bekerja” memegang peranan penting dalam kehidupan umat manusia, tidak hanya dalam arti ekonomi namun juga bermakna pemuliaan martabat manusia. Bekerja, selain dapat menjamin penghidupan, juga merupakan alat pencapaian inklusi dan partisipasi setara dalam relasi sosial. Martabat manusia menjadi landasan prinsip kesetaraan untuk membentuk masyarakat inklusif dimana kelompok rentan secara penuh dihormati hak-haknya hingga dapat berpartisipasi secara maksimal di tengah-tengah masyarakat. Hak Asasi Manusia (HAM) memegang peranan penting dalam hal ini, khususnya terkait dengan pemajuan hak-hak penyandang disabilitas dalam kerangka prinsip-prinsip kesetaraan dan non-diskriminasi. Konvensi Persatuan Bangsa-Bangsa tentang Hak-hak Penyandang Disabilitas (Atau selanjutnya disebut CRPD) yang telah diratifikasi oleh Pemerintah Indonesia pada tahun 2011, meletakkan dasar yang kokoh bagi perlindungan hak-hak penyandang disabilitas dalam penerapan kaidah-kaidah dasar HAM. Konvensi ini dianggap sebagai model disabilitas terkini yang mengacu pada pendekatan HAM. Terkait dengan hak atas pekerjaan khususnya untuk penyandang disabilitas, pasal 27 CRPD meletakkannya dalam rangka mencapai dunia kerja yang inklusif dan setara. Untuk itu, CRPD mendorong langkah-langkah positif (positive measures) sebagai sarana menyingkirkan hambatan struktural yang dihadapi oleh penyandang disabilitas selama ini.
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Thuo, Luciana. "Implementation of Political Participation Standards for Persons with Intellectual Disabilities in Kenya." Strathmore Law Journal 2, no. 1 (August 1, 2016): 97–131. http://dx.doi.org/10.52907/slj.v2i1.17.
Повний текст джерелаАнотація:
This paper reviews international standards on political participation by persons with intellectual disabilities and how they are implemented in Kenya. On one hand, Article 25 of the International Covenant on Civil and Political Rights(ICCPR) allows limitation of rights based on ‘reasonable and objective’ criteria. Whereas it is considered unreasonable to restrict participation rights of persons with physical disabilities, General Comment 25 to the ICCPR permits restrictions based on ‘established mental incapacity’. On the other hand, the Convention on the Rights of Persons with Disabilities (CRPD) does not foresee any limitation of participation rights; rather it recognises the freedom of persons with disabilities to be involved in decision-making, including the right to vote and hold public office. Kenya is a party to both instruments, having acceded to the ICCPR in 1972 and ratified the CRPD in 2008. Kenya’s law does not deprive persons with intellectual disabilities of legal capacity. In fact, Article 54(2) of the Constitution of Kenya (2010 Constitution)seeks to increase participation of persons with disabilities in decision making and public life by providing, inter alia, for the progressive inclusion of persons with disabilities in at least five percent of all elective and nominated positions. Whereas Kenya’s law allows for limited guardianship, it is the informal guardianship created by the family, on whom persons with intellectual disabilities are dependent for support, which poses the greatest barrier to the exercise of participation rights. This informal guardianship, combined with negative societal attitudes and ignorance at all levels including the Judiciary, the electoral management body (the Independent Electoral and Boundaries Commission (IEBC)) and even the wider disability movement, makes political participation rights for persons with intellectual disabilities illusory. If the situation of persons with intellectual disabilities is not addressed, only persons with physical and sensory disabilities will be able to take up the affirmative action measure created by Article 54(2) of the 2010 Constitution.
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Schneider, Cornelia. "Recognizing and Respecting the Rights of Children with Disabilities in the Classroom." International Journal of Education 8, no. 3 (July 11, 2016): 1. http://dx.doi.org/10.5296/ije.v8i3.9444.
Повний текст джерелаАнотація:
<p>The UN Convention on the Rights of the Child was adopted and ratified in 1990 by the UN<br />General Assembly, and signed by most member countries of the United Nations. However, its<br />implementation is slow, complex, and can to-date be considered as incomplete in most<br />countries, particularly as children’s rights often seem to be in contradiction with traditional<br />perceptions of children as dependent, immature and incompetent human beings under their<br />parents’ tutelage. Furthermore, it appears that children’s rights are at risk of colliding with the<br />rights of the family. These issues are even more strongly highlighted when it comes to<br />children with disabilities, as those children often are perceived as vulnerable and incompetent.<br />The UN Convention on the Rights of Persons with Disabilities of 2006 emphasizes the right<br />to full participation based on the social model of disability, including the right to inclusive<br />education for children with disabilities. This article addresses both conventions, the<br />contradictions within but also with each other, which impede the rights of children with<br />disabilities as much as traditional perceptions of childhood do. It will then demonstrate how<br />the recognition of the rights of children with disabilities can be improved by using the<br />frameworks of sociology of childhood (Corsaro, 2015) and the work on relationship building<br />and solidarity by Honneth (1995). Lastly, the article will give examples of how to implement<br />and respect the rights of children with disabilities in schools, by using the example of the<br /><em>Index for Inclusion</em>.</p>
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Arimoro, Augustine Edobor. "Persons with Intellectual Disability and Access to Justice in Nigeria: Challenges and the Way Forward." Hasanuddin Law Review 5, no. 2 (August 14, 2019): 180. http://dx.doi.org/10.20956/halrev.v5i2.1561.
Повний текст джерелаАнотація:
Conservatively, there are approximately about two million persons in Nigeria who may be referred to as persons with intellectual disabilities. These persons suffer from several challenges ranging from economic to non-inclusion in the society. In the paper, the discussion focuses on persons with intellectual disabilities and the effective access to justice as a fundamental right. The paper finds that even though Nigeria has adopted and ratified the United Nations Convention on the Rights of Persons with Disabilities, the Federal Government of Nigeria has not been proactive in supporting the persons with disabilities in the country to enjoy these rights. Furthermore, despite the provision in the 1999 Constitution of the Federal Republic of Nigeria to ensure freedom from discrimination, there is no direct effect on procedure to ensure that the rights of the disabled persons are protected. The paper proposes for a framework for the protection of the person with intellectual disability which includes legal protection, legal awareness, legal aid, adjudication and for civil society oversight of the access of persons with intellectual disabilities to justice.
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Pryimachenko, Dmytro, Vladyslav Lipynskyi, Anna Maslova, Svitlana Voloshina, and Olena Varhuliak. "Accessibility of facilities and services for people with disabilities in the paradigm of law." Revista Amazonia Investiga 10, no. 44 (September 29, 2021): 188–97. http://dx.doi.org/10.34069/ai/2021.44.08.18.
Повний текст джерелаАнотація:
The authors of the article touch on the major topic of ensuring access of persons with disabilities to facilities and services, which is an indicator of guaranteeing the rights and freedoms of such citizens and ultimately determines the quality of life of such people. The article analyzes the current Ukrainian legislation, as well as international legal acts governing relations regarding access of persons with disabilities to the general infrastructure. The methodology of the article includes methods of analysis, synthesis, formal-legal and comparative-legal methods. The essence of the right of persons with disabilities to access facilities and services is the legally guaranteed possibility of these persons to freely use all facilities and services without any barriers, including through the adaptation of the latter or their special design. The authors of the article thoroughly researched the concept and content of the right of persons with disabilities to access facilities and services. Finally, the authors concluded that the current domestic legislation, although ensuring the minimum level of rights of persons with disabilities in the study area but needs to be improved taking into account the positive experience of European countries and following the United Nations Convention on the Rights of Persons with Disabilities.
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Nghi, Le Dinh. "Reviewing Regulations on Rights of Persons with Disabilities in Vietnam to Advance the Implementation of the Convention on the Rights of People with Disabilities." Jambe Law Journal 5, no. 1 (May 31, 2022): 39–65. http://dx.doi.org/10.22437/jlj.5.1.39-65.
Повний текст джерелаАнотація:
Viet Nam signed the International Convention on the Rights of Persons with Disabilities in 2007 and ratified it in 2014, recognizing all of the rights of PWDs included in the Convention without reservation. In addition, as a result of member states’ commitment, policies and legislation related to PWDs have been adjusted in order to adapt to socioeconomic developments in order to guarantee that PWDs can completely participate fully in society. However, there are relevant legal gaps between the 2010 Law on Persons with Disabilities and the International Convention on the Rights of Persons with Disabilities, particularly, in terms of obstacles, problems, and challenges in implementing rights to education, health care, and vocational training. Through analyzing the barriers, challenges, and legal gaps compared to the International Convention on the Rights of Persons with Disabilities, the article proposes some recommendations to ensure that Viet Nam fully implements its commitments under the Convention.
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Sabatello, Maya. "Children with Disabilities: A Critical Appraisal." International Journal of Children’s Rights 21, no. 3 (2013): 464–87. http://dx.doi.org/10.1163/15718182-02102007.
Повний текст джерелаАнотація:
This essay contemplates the rights of children with disabilities under international law. It analyses the philosophical and practical reasons for the failure of the Convention on the Rights of the Child to protect the rights of children with disabilities, and looks at the remedial measures adopted under the Convention on the Rights of Persons with Disabilities (CRPD). The argument advanced is that, especially when children’s perspectives are considered, assistive technologies are at the heart of national and international efforts to advance the rights of children with disabilities, most importantly, a right to inclusion. I consider the challenges ahead and draw conclusions on the future of the rights of children with disabilities.
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Seatzu, Francesco. "La Convenzione delle Nazioni Unite sui diritti delle persone disabili: diritti garantiti, cooperazione, procedure di controllo." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 2 (July 2009): 259–80. http://dx.doi.org/10.3280/dudi2009-002002.
Повний текст джерелаАнотація:
- This article is devoted to a critical analysis of the future relevance of the UN Convention on the rights of disabled persons to the priorities of people belonging to this particular category of individuals. It has tried to be comprehensive in scope. It describes the Convention's main provisions, such as the liberty and security of persons, the right of living independently and being included in the community, the right to work and education, as well as the structure and the functioning of the Committee on the Rights of Persons with Disabilities. Moreover, it briefly discusses the ratification and enforcement of the Convention and its related Protocol.
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REY PÉREZ, JOSÉ LUIS. "BASIC INCOME AND THE RIGHTS OF PERSONS WITH DISABILITIES." Age of Human Rights Journal, no. 12 (June 13, 2019): 1–12. http://dx.doi.org/10.17561/tahrj.n12.1.
Повний текст джерелаАнотація:
The Convention on the Rights of Persons with Disabilities presents a social approach to disabilities. In accordance with this conception, the origin of the discrimination suffered by persons with disabilities is mainly social because we have designed our society without universal access for everybody. There is a normality criterion, based on physical capabilities, intelligence, race and gender that excludes many people from that canon. The different contemporary liberal theories of justice have discussed disabilities thinking about how the State could compensate brute luck. In this context, does universal basic income play some role? Van Parijs in Real Freedom for All defends a unanimous criterion to compensate for brute luck. That compensation would be made before distributing an equal basic income among everybody. In this paper, UBI will be studied in the context of the debate about rights of persons with disabilities. Firstly, the argument given by Van Parijs will be discussed because the unanimous requirement does not fit with a social understanding of disabilities. Secondly, if we consider a right to UBI, it is necessary to study which role this right can play in the life of people with disabilities and if we can say that this right has a universal design. In this point, it will be studied whether UBI can establish some type of indirect discrimination against people with disabilities and if so, which type of reasonable accommodation would be necessary to eliminate that discrimination.
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Vidotti, Maria Cristina. "Citizenship exercised by the right to suffrage in Brazil and Spain." Revista Justiça do Direito 33, no. 3 (December 31, 2019): 57–88. http://dx.doi.org/10.5335/rjd.v33i3.10473.
Повний текст джерелаАнотація:
One of the most well-articulated rules of international human rights law, the right to participate in politics and public life through the suffrage, is also one of the more frequently denied for individuals with disabilities. This work intents to draw a parallel, based on the United Nations Convention on the Rights of Persons with Disabilities, about the structural power that the right to vote and to be voted can offer to all individuals who, somehow, are daily prevented from exercising them. The article 29 of this Convention, addresses the design and implementation of an electoral process that is non-discriminatory, while also requiring states to provide voters with disability-related other facilitative measures to enable their equal rights. Sovereignty makes the rights rise in each and every citizen and allows them to participate in political decision-making and to be part of the primary element in shaping the public interest. During the research, we look more closely at the rights of minorities, emphasizing the ones connected with persons with disabilities in the decision-making process, especially the political ones, so that their rights can be heard and enforced. Throughout the study, we observed that the guarantee of the right to suffrage and its manifestations requires, previously, the elimination of architectural, social, economic and attitudinal obstacles, among others. The rules contained in the Brazilian Inclusion Law and the UN Convention on the Rights of Persons with Disabilities are intended to shape parameters to protect and enforce this right of citizens with disabilities and drive the expression of this minority in all its political potential. Emerging practices around the globe, as in Spain and Germany, corroborating that persons with disabilities can be successfully incorporated in all phases of an electoral process. The suffrage rights become, therefore, a channel for participation and transformation of the subservient individual to a citizen capable of influencing decisions that will be taken on his behalf.
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Nilsson, Anna, and Linus Broström. "Participation in Research and the CRPD." International Journal of Mental Health and Capacity Law 2019, no. 25 (April 9, 2020): 3. http://dx.doi.org/10.19164/ijmhcl.v2019i25.937.
Повний текст джерелаАнотація:
This article discusses the implications of the United Nations’ Convention on the Rights of Persons with Disabilities (“CRPD”) for domestic policies on research involving persons with disabilities, including those with limited decision-making abilities. It starts with an examination of the protection the Convention affords to persons with disabilities against being enrolled in research projects, and argues that it does offer some such protection, but that the precise extent of this protection depends on conceptual and other matters that are not easily resolved by straightforward treaty interpretation. The article then proceeds with an analysis of whether the CRPD includes a right to participate in research projects on an equal basis with others. It argues that there are good reasons to interpret the CRPD to include such a right and explores its normative content. The article describes how the prohibition on discrimination delineates the scope for lawful exclusion of persons with disabilities in research studies and illustrates how discrimination analysis can be used to distinguish lawful practices from unlawful ones. It stops short, however, of drawing general conclusions about when exclusion is prohibited by the CRPD, arguing that this will depend on unresolved issues about the correct interpretation of the Convention’s right to legal capacity, and on an analysis of the rights and interests at stake in any given situation.
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Wijaya, Amelia Tharuni, and Lestari Nurhajati. "IMPLEMENTASI CRPD DALAM ASPEK AKSESIBILITAS TRANSPORTATION PUBLIK DI DKI JAKARTA." Bricolage : Jurnal Magister Ilmu Komunikasi 4, no. 02 (September 26, 2018): 180. http://dx.doi.org/10.30813/bricolage.v4i02.1660.
Повний текст джерелаАнотація:
<p>ABSTRACT Classified as one of the minority group in the world, people with disabilites are still going through discrimination. Built in 2006 Convention on The Rights of Persons with Disabilities (CRPD) took the chance to be an international convention that established the rights for people with disabilities. Five years since CRPD stands, Indonesian Government finally ratify this convention. The measurement took by Indonesian Government forced both central government and local government to implement it thoroughly. The objective of this research is understanding how the implementation of the CRPD related to accessibility in public transportation inside DKI Jakarta. This research using qualitative method with indepth interview approach to the implementator CRPD also to the user of this program. The result of this research show that the implementation of CRPD related to accessibility in public transportation is done by establishing local regulation that corresponds with CRPD and the existence of Transjakarta Cares program, supported by PT Transjakarta in 2016. Existence of Transjakarta Cares does help person with disabilities to get their rights to acquire the accessibility of accessible transportation.</p><p><strong>Keywords:</strong> Implementation, CRPD, accessibility, public transportation facility</p><p><br />ABSTRAK<br />Penyandang disabilitas merupakan salah satu kelompok minoritas di dunia yang masih mengalami diskriminasi. Melihat hal tersebut, Convention on The Rights of Persons with Disabilities (CRPD) hadir di tahun 2006 dan berperan sebagai konvensi internasional penegak hak-hak penyandang disabilitas. Lima tahun sejak CRPD berlaku, Pemerintah Indonesia memutuskan untuk meratifikasi konvensi tersebut. Tindakan yang diambil oleh Pemerintah Indonesia tersebut menuntut pemerintah pusat maupun pemerintah daerah untuk mengimplementasikannya secara menyeluruh. Tujuan penelitian ini adalah untuk mengetahui bagaimana implementasi Convention on The Rights of Persons with Disabilities (CRPD) dalam aspek aksesibilitas fasilitas transportasi publik di DKI Jakarta. Metode penelitian yang digunakan adalah kualitatif, dengan wawancara mendalam pada para pelaksana CRPD dan pengguna jasa layanan tersebut. Hail penelitian ini menunjukan bahwa implementasi CRPD terkait aksesibilitas fasilitas transportasi publik di DKI Jakarta dilakukan melalui pembuatan peraturan daerah sesuai dengan CRPD dan adanya program layanan Transjakarta Cares yang diberikan oleh PT Transjakarta pada tahun 2016. Dengan adanya Transjakarta Cares ini sangat membantu para penyandang disabilitas mendapatkan hak nya untuk memperoleh aksesibilitas transportasi yang aksesibel.</p><p><strong>Kata kunci:</strong> Implementasi, CRPD, aksesibilitas, fasilitas transportasi publik</p>
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Smith, Matthew S., Md Rejaul Karim Siddiquee, Michael Ashley Stein, and Janet E. Lord. "Mobilizing Disabled Peoples’ Organizations to Implement Bangladesh’s Disability Law." Journal of Human Rights Practice 13, no. 2 (July 1, 2021): 433–45. http://dx.doi.org/10.1093/jhuman/huab034.
Повний текст джерелаАнотація:
Abstract Six years after ratifying the UN Convention on the Rights of Persons with Disabilities, Bangladesh enacted the Rights and Protection of Persons with Disabilities Act, 2013, which recognized enforceable rights for Bangladeshis with disabilities for the first time and created a novel complaints procedure for seeking remedies outside of court. Yet little had been done to raise awareness of the Rights and Protection of Persons with Disabilities Act’s rights or its novel procedure, until a collaboration between BlueLaw International, an inclusive development firm, and three Bangladeshi organizations with national scope to empower local disabled peoples’ organizations to advocate for implementation of the law in 7 of Bangladesh’s 64 districts. After three years, this team had filed the first 22 complaints under the novel Section 36 procedure before district-level committees created by the Rights and Protection of Persons with Disabilities Act. Although to date the outcomes of these complaints have been mixed, disabled peoples’ organization efforts to activate this mechanism have yielded valuable lessons regarding effective advocacy strategies that can inform future disabled peoples’ organization-led efforts. Although prospects for tangible governmental buy-in for effective, countrywide enforcement of the Rights and Protection of Persons with Disabilities Act may be dim for now, disabled peoples’ organizations have demonstrated their capacity to contribute meaningfully to operationalizing this important vehicle for domestic implementation of the UN Convention on the Rights of Persons with Disabilities.
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Lutovac, Zoran. "Audiovisual content accessibility for persons with disabilities in the human rights framevork." Zbornik Matice srpske za drustvene nauke, no. 159-160 (2016): 859–75. http://dx.doi.org/10.2298/zmsdn1660859l.
Повний текст джерелаАнотація:
Accessibility of audiovisual content for people with disabilities is strongly related to the right of freedom of opinion and expression, right to the equal treatment and the right to freedom from discrimination. UN, Council of Europe and the European Union regulate the issue of accessibility, including the accessibility of information and communication technology, ICT, by a number of documents ? conventions, charters, directives, etc. However, the most important international instrument stressing this issue in the context of human rights is the UN Convention on the Rights of Persons with Disabilities. Enormous developments in the field of ICT open up a large scope of opportunities for persons with disabilities to have barrier-free access to the audiovisual content. Among other things, digital distribution should make the audiovisual content fully accessible to all. The legal framework of the Republic of Serbia regulating this issue in general is in line with European standards, however, the percentage of fully accessible audiovisual content is far below acceptable in Europe. Stronger obligations for private and public broadcasters to provide fully accessible media content, the introduction of quotas, giving new and more binding powers to telecom and media regulatory body, etc., are some of the ideas that, applied in Europe, had generated much better situation in the audiovisual area for people with sensory impairments. Without redefined and more binding obligations of broadcasters, without larger powers of regulatory bodies, which would mean the possibility of introducing sanctions for certain actions or lack of action of both public and private media services, at this level of social responsibility awareness, media service providers can always refer to the lack of technical and financial capacities in their response why they did not provide accessible content in their programs. Hence, only with great optimism it can be expected that audiovisual area in Serbia in the near future will be barrier-free in a more significant extent in order to finally achieve the goal of audiovisual world accessible to all.
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Guarnizo-Peralta1, Diana. "Disability rights in the Inter-American System of Human Rights." Netherlands Quarterly of Human Rights 36, no. 1 (February 12, 2018): 43–63. http://dx.doi.org/10.1177/0924051917753254.
Повний текст джерелаАнотація:
In recent years the Inter-American Human Rights System has moved in the direction of increasingly protecting the rights of persons with disabilities. Although the Inter-American singular instrument dealing with disability rights (CIADDIS) does not provide a strong tool for the analysis of individual claims in cases of violations of these rights, both the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have relied on an expansive interpretation of the Inter-American treaties, particularly the American Convention on Human Rights (ACHR), in order to protect them. The purpose of this article is to trace the evolution of Inter-American jurisprudence and practice with regard to the protection of the rights of persons with disabilities. In its first decisions on persons with disabilities, the Inter-American System took a general approach by simply recognising that persons with disabilities are entitled to the same rights as all persons; in its more recent decisions the Inter-American System has taken a proactive approach by interpreting those rights from a particular disability rights perspective. This article will argue that in doing so, the Inter-American System has, in some aspects, progressively caught up with international standards of protection regarding disability rights, while in others, it has developed a particular standard of interpretation that is in conflict with the CRPD’s standards. Inter-American jurisprudence is thus slowly becoming an internationally relevant actor for the interpretation of disability rights, one that should be taken into account.
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Newton-Howes, Giles, and Sarah Gordon. "Who controls your future: The convention on the rights of persons with disabilities from a service user focused perspective." Australian & New Zealand Journal of Psychiatry 54, no. 2 (December 11, 2019): 134–37. http://dx.doi.org/10.1177/0004867419893443.
Повний текст джерелаАнотація:
Although notions of personal autonomy are increasingly enshrined as the primary principle of ethical medical practice, psychiatry appears to have real difficulty in applying this. Notions such as compulsory treatment and mental health legislation serve to reinforce paternalism. This may not be in the interests of either the patient or the doctor. The Convention on the Rights of Persons with Disabilities (CRPD), although providing no new rights to mental health patients, has led to guidance as to what existing rights entail and how they should be applied. While service users were involved in the drafting of the Convention on the Rights of Persons with Disabilities, what is lacking is service user focused perspectives in the critique and debate that has ensued in response to the Convention on the Rights of Persons with Disabilities committee’s informed guidance as to the correct interpretation of the rights. Furthermore, consideration of how to translate the rights into practice is also lacking. This co-produced viewpoint aims to contribute to this debate and provides a brief overview of a novel educational approach to translating the Convention on the Rights of Persons with Disabilities committee’s guidance into clinical practice.
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Hendriks, Aart. "UN Convention on the Rights of Persons with Disabilities." European Journal of Health Law 14, no. 3 (2007): 273–98. http://dx.doi.org/10.1163/092902707x240620.
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Sharma, Sachin. "Rights of Persons with Disabilities and Responsiveness of Law." Scholars International Journal of Law, Crime and Justice 5, no. 6 (June 7, 2022): 197–201. http://dx.doi.org/10.36348/sijlcj.2022.v05i06.003.
Повний текст джерелаАнотація:
Persons with disabilities are important part of human diversity. With increase in population there come various challenges in before disabled people. Their conditions in respect of dignified living are continue to be complicated. Though after constitution of United Nations Convention for the Rights of Persons with Disabilities (UNCRPD), there come significant changes in respect to the rights of disabled people. This paper tries discussing contemporary laws and its responsiveness towards people with disabilities. It is also dealing with constitutional commitments towards persons with disabilities. The paper concludes despite having laws and polices related to disabilities, there is need to change the societal attitude towards disability. This can be achieved by following the CRPD’s mantra of ‘nothing about us, without us’.
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Radivojevic, Zoran, and Nebojsa Raicevic. "International protection of persons with mental disabilities." Temida 10, no. 3 (2007): 11–24. http://dx.doi.org/10.2298/tem0703011r.
Повний текст джерелаАнотація:
In International law, the status of persons with mental disabilities is regulated within the framework on the protection of persons with disabilities. Their rights are protected not only by international treaties comprising legal provisions of binding character for the parties but also by means of the so-called "soft law" comprising international documents which are not legally binding. Most of the general and subject specific treaties on human rights do not explicitly deal with the status of persons with disabilities. Only recently have some treaties been made containing legal provisions on special protection of persons with disabilities. The most important treaty of this kind is the UN Convention on the Rights of Persons with Disabilities, adopted in the year 2006. The protection of such persons is regulated in much more detail by "soft law" which includes a number of documents adopted by the UN, the Council of Europe and the European Union. Although most of these documents primarily pertain to the rights and the status of persons with disabilities, there are a few that exclusively deal with the protection of persons with mental disorder.
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Broderick, Andrea. "Equality of What? The Capability Approach and the Right to Education for Persons with Disabilities." Social Inclusion 6, no. 1 (March 26, 2018): 29–39. http://dx.doi.org/10.17645/si.v6i1.1193.
Повний текст джерелаАнотація:
The right to education is indispensable in unlocking other substantive human rights and in ensuring full and equal participation of persons with disabilities in mainstream society. The cornerstone of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities seeks to ensure access to inclusive education for persons with disabilities on an equal basis with others as well as the full development of human potential. Since the adoption of the Convention, there has been much theorising about inclusive education; however, there has been little focus on the meaning of equality in the context of the right to education for persons with disabilities. The capability approach, developed by Amartya Sen and further refined by Martha Nussbaum, focuses on ensuring equality and developing human potential. It is often viewed as a tool that can be used to overcome the limitations of traditional equality assessments in the educational sphere, which only measure resources and outcomes. This article explores whether the capability approach can offer new insights into the vision of educational equality contained in the Convention and how that vision can be implemented at the national level.
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Mapusa, Siska Giofana. "Evaluative Review of Government Obligations in Protecting the Right to Work for Persons with Disabilities through National and Regional Regulations (Ambon City) After the Ratification of the Convention on the Rights of Persons with Disabilities." Balobe Law Journal 1, no. 2 (October 28, 2021): 57. http://dx.doi.org/10.47268/balobe.v1i2.649.
Повний текст джерелаАнотація:
Introductioan: Indonesia is a country that upholds the protection of human rights . One of the human rights pillars of concern for Indonesia is legal protection for Persons with Disabilities.Purposes of the Research: The study aims to determine whether the national regulations in Indonesia have accommodated the implementation of the Right to Work in accordance with Article 27 of the Convention on the Rights of Persons with Disabilities (CRPD) and the availability of regulation at the regional level, especially in Ambon as a form of protection for the Disability Right to Work.Methods of the Research: This research was conducted using normative methods. The results of this study were presented in a descriptive analysis report.Results of the Research: The results showed that the Act and regulations in Indonesia have not been maximal in providing protection for workers with disabilities because not all rights in Article 27 of the CRPD were regulated in national regulations. Relating to the protection of the right to work for persons with disabilities in the city of Ambon, there was no district regulations.