Rights Of Disabled People Research Articles

Rights of Persons with Disabilities and Responsiveness of Law

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’.

Assessing Africa Readiness to Host Travelers with Disabilities: A Review of Accessible Accommodation Studies in African Countries

Even though Africa has been involved in the movement towards protecting the rights of disabled people, the emerging market is still under-served. Despite having multiple tourist attractions, the continent has not fully implemented its tourism and disability policies to make sure that barrier-free accommodation services are offered to disabled guests. The purpose of this study was to review and analyze studies done on the accommodation sector in African countries and to establish the extent to which the existing accommodation establishments were user-friendly to disabled people. Google Scholar, EBSCOhost, and science direct were used to generate academic journals. Two main themes mainly demand and supply was developed from the content analysis. On the demand side, quality of services and user-friendly services were the main challenges limiting the accommodation sector from offering barrier-free services to disabled guests while on the supply side, accessible room facilities were seen as a critical issue. Hotel service providers needed to make sure that there were accessible facility in bar and restaurant including ramps, elevators, hearing aids, leveled access routes as well as spacious rooms to host disabled guests. Provision of barrier-free services as recommended in the social disability model would be possible if service providers were willing to change their attitude regarding disability. Once the attitude is changed then it would be easy to resolve the structural and communication barriers.

Intersections of Personal Assistance Services for Rural Disabled People and Home Care Workers' Rights.

It is very difficult to find and keep workers to provide home-based care for disabled people, especially in rural places. There is a tension between the rights of disabled people and the rights of home-based personal care workers. In this brief review, we explore the intersections of historical and social forces that shaped federal-level policies for both disability rights and the rights of personal care workers, as well as the current state of the policies. This paper provides a narrow focus on federal policies relevant to both groups, while also considering how the urbancentric nature of advocacy and policymaking has failed to address important issues experienced by rural people. In addition to briefly reviewing relevant federal policies, we also explore sources of support and resistance and how urbanormativity, ableism, and sexism intersect to influence how the needs of people with disabilities and their personal care workers are conceptualized and addressed. We conclude with recommendations for how to better address the needs of rural people with disabilities using home-based personal care services and the workers who provide them.

Legal Protect of the Deaf in International Documents and the Iranian Legal System

Background and Aim: This article seeks to examine rights of deaf and unable to hear individuals in international documents as well as domestic Iranian law. In this review, supports in the mentioned documents are discussed and the weaknesses, strengths, objections, and challenges in the laws are analyzed and examined. Lack of access to community facilities lead to marginalization of deaf people. Access to community facilities is an important factor that creates equal opportunities and realizes rights of deaf people. Recent Findings: Iran’s accession to the Treaty on the Rights of disabled people, the Global treaty on Cultural, Public, Economic as well as Children’s title, is one of salient points of these protection laws. By implementing Iran’s national and global commitments regarding titles of the deaf, it is concluded that Comprehensive Law and its executive regulations have been adopted several years before accession to the Contract on the Disability, but they cover most of concepts of the Contract on Education. Conclusion: Given the Senate and the convention, no significant legal action was taken and the program did not address deaf directly. The lack of an effective mechanism for laws protecting the disabled people right is an institutional as well as structural obstacle for realization of disabled people, especially deaf. Keywords: Disability; hard of hearing; human rights; international law; low hearing loss

Anna Nilsson, Compulsory Mental Health Interventions and the CRPD: Minding Equality (Hart Publishing, 2021, xi + 186pp, £67.50) ISBN 97815099315 76 (hb)

The Convention on the Rights of Persons with Disabilities (‘CRPD’) is the first international human rights treaty to recognize rights specifically for disabled people. It has been heralded as revolutionary in creating a ‘paradigm shift’ in how disability is understood within law. The CRPD moves away from a medical model of disability (which focuses on the individual’s limitations) to a social model of disability (which focuses on social barriers and how they can be alleviated to better promote the rights of disabled people.) Nilsson rightly points out that much of the originality of the CRPD’s approach rests with its focus on equal treatment and non-discrimination (pp 12–14). One of the areas in which disabled people are still discriminated against is in the context of compulsory mental health treatment. The presence of a psychosocial disability is still used in the majority of domestic mental health laws to justify compulsion. This includes where an individual is refusing treatment a professional believes they require and the person either lacks decision making ability, or there is a risk of self harm, harm to others, serious deterioration in health or a combination of these factors (pp 45–49). Therefore, one of the questions dominating CRPD implementation is if and when compulsory treatment is justified under the CRPD.

Improving Social Policies for Disabled People in China based on existing situation

Centered around the social status of and social policy related to disabled people in China, this paper aims to analyze the unfair treatment disabled people in China face. The research shows that because of bias against disabled people and the lack of facilities for them, disabled people in China do not have equal human rights. To improve this situation, developing countries like China should not only promote equal rights for disabled people but also rehabilitate disabled people’s self-esteem. The government should also eradicate negative stereotypes, such as immoral people punished by the god, of disabled people by educating young children the cause of disability in school and the old in the communities. Finally, compared with Western countries, China needs to build more facilities for the disabled. Introduction

Occupational justice in direct-funded attendant services: Possibilities and constraints

ABSTRACT In direct-funded attendant services, public funds are transferred to service users to recruit, hire, train, and manage support staff. An outcome of activist efforts to deinstitutionalize support services, direct funding models are often said to increase the choice and control that disabled people have in their attendant services and in everyday life. Focusing on one direct funding program in Ontario, Canada, the overarching reflexive ethnographic study explored the work that physically disabled adults contribute to organize and manage their own attendant services. In this paper we present a secondary analysis of qualitative interview data, examining the impact of participation in direct funding on service users’ occupational engagement. The results of this analysis suggest that direct funding promotes occupational rights by providing supports needed to participate in a range of meaningful occupations. At the same time, occupational engagement was found to be constrained at individual and group levels. In this paper we apply occupational justice concepts to analyze systemic constraints on occupational engagement and occupational choice, including program eligibility criteria and societal factors that condition access to and use of public resources. The discussion highlights how direct funding can support occupational engagement and constrain occupational choice, illuminating the complexity of occupational justice as a dynamic concept that may be promoted and obstructed simultaneously within a given context. We situate direct funding within an ongoing history of institutionalized supports for disabled people and identify specific factors that may promote or inhibit the occupational rights of disabled people who use direct-funded attendant services.

The experiences of disabled people in the United Arab Emirates: Barriers to participation in higher education and employment

I draw on the United Nations Convention on the Rights of Persons with Disabilities as a human rights model of disability to analyze how the United Arab Emirates (UAE) is meeting its obligations toward disabled people in higher education and employment. This paper argues that institutions in the Emirate of Abu Dhabi adopted a paternalistic and reactive approach to address the rights of disabled people. Drawing on the experiences of disabled people in the UAE and evidence from interviews conducted from 2016 to 2018, the analysis identifies several key challenges to inclusion that stem from a weak enforcement and accountability framework, which results in a lack of accessibility measures and supports in university and workplace settings. The paper recommends interventions that would create an institutional environment where disabled people are treated as rights holders and given equal and equitable access to higher education and employment. Points of interest This paper studies the barriers that disabled people face in higher education and employment in the United Arab Emirates (UAE). The UAE is a very rich oil-producing country located in the Arabian Gulf with a small number of citizens and a large migrant population. The key problems disabled people talked about are how they are denied equal access to learning supports in the university and how employers do not give them measures and tools to do their work. Because the UAE has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD), it should not allow that disabled people are treated unfairly or that they are treated in an unequal way. The UAE should make its laws stronger and monitor the implementation of the CRPD.

Szociális farmszolgáltatást igénybe vevő fogyatékos és megváltozott munkaképességű személyek alapjogi védelme

Jelen tanulmány a szociális farmszolgáltatást igénybe vevő hátrányos helyzetű személyeket – azok közül is kifejezetten a fogyatékos és megváltozott munkaképességű személyeket – megillető azon alapjogokat vizsgálja, melyek elengedhetetlenek számukra foglalkoztatásuk biztosítása érdekében. Ezek az emberek nagyon gyakran kiszorulnak a munkaerő-piacról, sőt meg sem tudnak jelenni ott. Ezért bírnak nagy jelentőséggel számukra az Alaptörvényben biztosított alapjogok, melyek lehetővé teszik ezeknek az embereknek (is), hogy egyenlően bánjanak velük, és lehetőséget kapjanak a foglalkoztatásra. Az alkotmányos védelem megvalósulását továbbá munkajogi és szociális jogi jogszabályok is megerősítik.

PROSPECTS OF SOCIAL AND LEGAL PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES IN THE REPUBLIC OF UZBEKISTAN AT THE PRESENT STAGE

The article deals with the problems of formation of disability protection concept and definition of disability in international law. International standards of the rights of persons with disabilities in the context of human rights are analyzed. Studied international legal mechanisms of implementation of rights of persons with disabilities, and promoting the implementation of disability rights at the international level: the theoretical and regulatory framework. The author pays attention to the social protection of the rights of disabled people in Uzbekistan.

Inclusive (social) citizenship and persons with dementia

This article aims to advance knowledge of inclusive (social) citizenship, through an empirical analysis of the access work of persons with a dementia. Drawing on the notion of cognitive accessibility and empirical data collected in Southern England using a novel methodology of go-along walking interviews with 15 people with dementia followed by a sit-down interview that included a nominated family member, this paper examines how persons with dementia access the outside world. The study found that access work entailed three spheres of activity: ‘access to location technologies’, ‘access to ordinary places’, and ‘consciously sharing the responsibility of access work’. Overall, this article contributes to the growing literature on cognitive accessibility by evidencing the mental demands of access work, as experienced by people with dementia, and need to share the responsibility of access work between humans and non-humans, and state and non-state actors. Points of interest Access to the outside world is important for disabled people, including people with dementia. This study examined the outdoor experiences of 15 persons with dementia living at home in southern England, to find out what access means for someone with a neurological condition. This study found that access work involved ‘access to location technologies’, ‘access to ordinary places’, and ‘consciously sharing the responsibility of access work’. The study shows how important it is to take account of cognition when promoting access rights for disabled people, including people with dementia.

Disability's Fourth Amendment

The Supreme Court’s Fourth Amendment jurisprudence is under-theorized in terms of issues relating to disability. Across the lower courts, although disability features prominently in excessive force cases, typically involving individuals with psychiatric disabilities, it features less prominently in other areas of Fourth Amendment doctrine. Similarly, scholars have yet to address substantively how the vast scope of police discretion the Fourth Amendment affords renders individuals with disabilities vulnerable to policing and police violence. Although there has been robust engagement with theories of criminalization and social control in critiques of Fourth Amendment doctrine that address race and racism, thus far, only limited engagement with disability and its intersections with other current and historically marginalized subordinated identities has occurred. This article centers disability as a lens for analysis in Fourth Amendment jurisprudence. In the article, I discuss the ways in which disability mediates interactions with law enforcement and how Fourth Amendment doctrine renders disabled people vulnerable to police intrusions and police violence. More specifically, the focus of my critique is on the Terry doctrine, consensual encounters, consent searches, and the objective reasonableness standard under Graham. Applying a disability and critical race lens to each these doctrines, taken together, demonstrates how Fourth Amendment doctrine both fails to adequately protect the constitutional rights of disabled people and reinforces a “normative bodymind” by rendering vulnerable to police surveillance, suspicion, searches, and force those persons whose physical and psychological conditions, abilities, appearances, behaviors, and responses do not conform to the dominant norm. By focusing in on how Fourth Amendment doctrine both erases disability and fails to adequately protect disabled people’s privacy and security interests, I suggest how the doctrine itself renders disabled people more vulnerable to policing and police violence.

SOCIO-ECONOMIC PROBLEMS OF DISABLED POPULATION IN MODERN SOCIETY

The article is devoted to the analysis of the socio-economic reasons for the disability of the population in modern society, the substantiation of the basic terms and concepts that reveal the essence of the theoretical, methodological and substantive foundations of the concept of “disabled”. It examines the main reasons for the emergence and spread of disability as a social phenomenon. An important point of the article is a section describing the socio-economic barriers faced by people with disabilities in modern socio-economic conditions and associated with a lack of understanding on the part of the relevant government agencies of the need to show genuine concern for the intellectual, economic and emotional development of disabled people. At the present stage of development of the social structure, despite the presence of a sufficient number of regulatory and legal sources, as well as research on the problem of the rights of persons with disabilities, there is a tendency that many of them do not know their rights, in particular of a socio-economic nature. Consequently, the problem of studying the socio-economic reasons for the disability of the population in the conditions of modern society is very topical, since disabled people of all categories must know their rights, and the relevant social service bodies must fully guarantee the observance of the socio-economic rights of disabled people.

Star Performances: Ed Roberts on the Speaking Circuit, 1983-1995

This article uses historical research methods to explore noted disability rights leader Ed Roberts' performances on the speaker circuit between 1983, when he left his position as director of the California Department of Rehabilitation, and his death in 1995. This article examines how he managed his performed identity, his self as presented on stage, in order to be a disability star. Using his own life story as a poignant example, he narrated an autobiography of how a paralyzed man could live a vigorous, successful, indeed a joyful life. His personal stories communicated his lived experiences of battling discrimination and stereotypes. Roberts skillfully and strategically marshalled his own growing celebrity as the most prominent disabled American while he promoted the cause of civil rights for disabled people.

RIGHT OF ACCESSIBILITY OF PEOPLE WITH DISABILITIES: AN ASSESSMENT IN THE FRAMEWORK OF BARRIER-FREE CITY APPROACH

Dünya nüfusunun yaklaşık %15’i engellilerden oluşmaktadır. Engellilik en yalın ifadeyle bir kısıtlılık ve dezavantajlılık halidir. Bu durum onların günlük yaşamlarında, diğer bireylerden daha çok sayıda ve çeşitli sorunla mücadele etmelerine neden olmaktadır. Engelliliği bireysel özelliklerden ziyade, toplumsal ve çevresel etmenlere bağlayan çağdaş anlayış, konuyu aynı zamanda bir haklar meselesi olarak görmektedir. Engellilerin en başta gelen haklarından birisi erişebilirliktir. Bu hakkın kullanılamaması engellilerin sorunlarını büyütmektedir. Engelliler açısından erişebilirlik fizik ve sanal çevreye, kaynaklara ve hizmetlere ulaşabilme, bunların nimetlerinden faydalanabilme anlamına gelmektedir. Engelsiz kent, bu hakkın kullanılabilmesine yönelik bir yaklaşımdır. Çalışmanın amacı da engellilerin erişebilirlik hakkını bu yaklaşım çerçevesinde değerlendirmektir. Kentler günümüzün temel yerleşim birimleridir. Küresel ölçekte, engelli nüfusun önemli bir bölümü kentsel alanlarda yaşamaktadır. Dolayısıyla kentlerde engellilerin erişim sorunlarının çözülmesi, engelli politikalarının başlıca amaçlarındandır. Bu bağlamda gerek uluslararası, gerek ulusal çok sayıda düzenleme ve standart oluşturulmuştur. Engelsiz kent girişimlerinin sayısı da her geçen gün artmaktadır. Ancak bunların küçük bir bölümü başarıya ulaşabilmektedir. Yerel yönetimlerin mali sorunları, siyasal öncelikler, engelliliğe ilişkin algı gibi çok sayıda neden bu girişimlere sekte vurmaktadır. Bu nedenle engelsiz kent girişimlerinin uzun vadeli bir planlama ve engelliler başta olmak üzere kentteki tüm paydaşları içeren bir politika anlayışıyla ele alınması gerekmektedir.

Disability Rights During COVID-19: Emergency Law and Guidelines in England.

Disabled people may be disproportionately impacted by the response to the COVID-19 outbreak because of the kinds of countermeasures needed to tackle it, and serious disruptions to the services on which they rely. There are reports from the disability community in England and elsewhere that measures taken to contain the spread of COVID-19 impact negatively on their human rights and experiences. This commentary focuses on the healthcare and social care systems in England and describes how laws and practices have changed under the COVID-19 pandemic, and how these changes affect the rights of disabled people.

Introducing a Human Rights-based Disability Research Methodology

Abstract Research has the potential to be a powerful tool for the realisation of the rights of disabled people. However, antiquated research practices continue to marginalise disabled people by excluding them from research; inadequately remunerating them for participation in research; undertaking research that assumes difference; and not including their voice in the leadership design or implementation of research. This article builds on emancipatory, participatory and inclusive research methodologies to introduce a new human rights-based disability research methodology that presents a roadmap to overcome these problems and transform research into a means of rights realisation. It presents a protocol for the methodology that was created by the international Disability Human Rights Research Network. Finally, it explores many challenges that researchers may face when endeavouring to implement the methodology.

Rights and Representation: Media Narratives about Disabled People and Their Service Animals in Canadian Print News


 
 
 Canadian news coverage is reflecting and shaping an evolution of thought about how we must publicly account for animals’ roles in the disability rights movement. Through a textual analysis of 26 news media articles published between 2012 and 2017, this research demonstrates that the media play a key role in reporting on discrimination, yet media narratives about service animals and their owners too often fail to capture the complexity of policies and laws that govern their lives. In Canada, there is widespread public confusion about the rights of disabled people and their service animals. This incertitude is relevant to both disability and animal oppression. This research identifies nine frames within the media narratives, as well as evaluating perspectives from critical animal studies in the news articles. These frames, which emerge in the media reports, in their descriptions of human and (less often) animal rights, illustrate public confusion surrounding these rights. The confusion is inevitable given the many laws in Canada that govern service animals. Thus, to give context to the news coverage, this article also surveys the legal protections for disabled people who use service animals in Canada, and suggests that until the news media understand the legalities surrounding service animals, they will not be well equipped to fulfil their role of informing the public. This is a lost opportunity in light of the media’s potential role as a pivotal tool to educate the public about disability and animal rights.
 
 

About quality of life of individuals disabled because of amputation in the Russian Federation

The article presents characteristics of the factors affecting the quality of life of individuals with amputations of upper and lower limbs. The sources of the study were data of Rosstat, publications of Russian and foreign authors, the Federal Law "On social protection of disabled people in the Russian Federation", the UN Convention on the rights of disabled people and the State program of the Russian Federation "Accessible environment". On the basis of study results the actual characteristic of factors of quality of life of disabled amputees in the Russian Federation was presented.

Ensuring equal citizenship for disabled people: A matter of rights or a matter of costs?

While the rights of disabled people are widely recognised by governments around the world, the costs of disability measures seem to be a major barrier to their implementation. Disability research needs therefore to engage with the issue of costs in disability politics. Drawing upon citizenship theory, this article considers the salience of costs in the development of citizenship rights for various groups of citizens in a given socio-economic context. Moreover, it highlights the role of social movements in this development and their need to navigate the recognition-redistribution dilemma. The article proposes that the written claims of disability activists offer a rich empirical material to unpack the complexity of costs in disability politics in a given context. Focusing on the case of Sweden, the article examines 312 blog posts and 162 debate articles. Three different ways of referring to costs are discussed, as the analysis shows that the disability activists criticise, embrace and reframe the issue of costs in disability politics.