Human Rights Model Of Disability Research Articles

Political Representation and the Human Rights Model of Disability: A Bulgarian Case

Political Representation and the Human Rights Model of Disability: A Bulgarian Case

The Human Rights Model of Disability in Times of Triage

The Human Rights Model of Disability in Times of Triage

Prison systems must embrace disability rights as a human rights imperative

For decades, India has been a staunch supporter of the human rights regime. However, lately, its positive role has been jeopardised by glaring instances of human rights violations against prisoners, especially those with disabilities. Since the edifice of the Convention on the Rights of Persons with Disabilities and the subsequent Rights of Persons with Disabilities Act emphasises non-discrimination and reasonable accommodation, our policies, laws, and procedures need to be aligned with the human rights model of disability. We offer insights into the current challenges and propose disability-inclusive prison reforms, advocating for data disaggregation, legislative amendments, accessibility measures, and decision-making autonomy support. Upholding ethical healthcare standards is vital. Adhering to human rights principles and legal mandates in policymaking is crucial to combat systemic injustices and ensure equitable access to justice for all.

Representation of Disabled People in the Federal Media (by the Materials of the Content Analysis)

Introduction. The representation of people with disabilities affects the formation of the image in the public mind. The media play a significant role in shaping the representation of people with disabilities, and this affects the assessment, perception, value judgments about people with disabilities, which for a long time were built incorrectly, stereotyped, and did not contribute to integration, and contradicted the ongoing social policy of the state. Based on the study, the authors noted the neutral nature of the presentation of materials in print media, the use of the term “disabled”, which corresponds to the human rights model of disability, and their representation through materials related to the social policy of the state and charity.Methodology and sources. The research formed on the basis of understanding sociology, structural functionalism, phenomenology and modern communication theories. The article uses the ideas of M. Weber, T. Parsons, N. Luhmann, G. Lasswell, D.P. Gavra, M. Heidegger and E. Yarskaya-Smirnova. The main research method is the qualitative content analysis of federal media articles.Results and discussion. The study made it possible to identify the dominant ideas about people with disabilities and formulate recommendations for changing the nature of the representation of disability and the image of a person with a disability. The image of a disabled person is built on the basis of a medical model of disability and stereotypes based on perception through pity, sacrifice and helplessness. The predominance of such materials in the information field could form a negative image of people with disabilities as helpless people and being a “burden” in the minds of society members. It is required to increase the number of materials in the media that tell about the achievements of people with disabilities, as well as the formation of a monitoring system that will allow monitoring the observance of the rights of people with disabilities in the media.Conclusion. Based on a comparative analysis of the author's research and materials of other authors, it was made a conclusion about the stagnation of the representation of people with disabilities in the federal media, which is a social problem. More frequent use of the image of a disabled person as an independent actor and popularization of the trend for inclusion are required to solve it. Further options for studying the representation of people with disabilities in the media are presented.

The human rights of children with disabilities: How can medical professionals better fulfil rather than breach them?

The vulnerability of children with disabilities to human rights abuses, including in health care, is well documented. Medical professionals can too often breach rather than fulfil the rights of children with disabilities, often through misunderstandings about the law, an inevitable consequence of, as identified by the United Nation's Committee for the Rights of the Child, medical professionals too often not receiving systematic and effective training in children's rights. This paper explores some key rights vital to the health and well-being of children with disabilities and shows how the guidance known as General Comments published by the United Nation's Committee on the Rights of the Child can assist medical professionals in ensuring the rights of children with disabilities in their care are fulfilled. It will also outline the human rights model of disability and explain how adopting this model in day-to-day practice, as required by international law, will empower medical professionals to help fulfil the human rights of children with disabilities. Suggestions are also made as to how training in human rights for medical professionals might be facilitated. WHAT THIS PAPER ADDS: The rights of children with disabilities are wide-ranging and come from multiple sources. Education and training of medical professionals in the rights of children with disabilities is often poor and low priority, resulting in rights breaches. Partnership training and gaining familiarity with United Nations General Comments and the Human Rights Model of disability can promote the human rights of children with disabilities.

Applying the ‘Human Rights Model of Disability’ to Informed Consent: Experiences and Reflections from the SHAPES Project

Understanding the complexity of informed consent processes is critically important to the success of research that requires participants to test, develop, or inform research data and results. This is particularly evident in research involving persons experiencing neurodegenerative diseases (e.g., Alzheimer’s disease, dementia) that impair cognitive functioning, who according to national law are considered to have a diminished capacity, or to lack the capacity, to consent to research participation. Those who would potentially benefit most from applied research participation may be excluded from participating and shaping data and outcomes. This article offers insights into challenges faced by the Smart and Healthy Ageing through People Engaging in Supportive Systems (SHAPES) Project in obtaining the consent of older persons, including older persons with disabilities. The promotion of continuing health, active ageing, and independent living is central to SHAPES, requiring project partners to reflect on traditional informed consent approaches to encourage the full, cognisant participation of older persons with disabilities. We examine how this issue may be addressed, with reference to the inclusive approach of SHAPES. In respecting the inalienable legal capacity of all legal persons, SHAPES uses the UN Convention on the Rights of Persons with Disabilities (CRPD) and the human rights model of disability as part of the theoretical framework. A novel, inclusive, representative informed consent framework was designed and is detailed herein. This framework provides significant opportunity to advance the inclusion of persons with disabilities or those experiencing neurodegenerative diseases in innovative research and is readily transferable to other research studies. The SHAPES approach is a substantial contribution to research on informed consent, demonstrating the utility of the human rights model of disability in facilitating the full research participation of target populations.

International engagement with North Korea: disability, human rights and humanitarian aid

This article examines disability rights in North Korea as an area of shared interest between humanitarian workers (who operate inside, with the consent of North Korean authorities) and human rights actors (who work outside, in defiance of the regime). Disability issues represent a notable deviation from the usual separation evident between these actors when it comes to their work on North Korea, insofar as the issue is one that both groups agree represents a critical area for engagement. Drawing from a small but deep pool of expert interviews, this article argues that international practitioners across these approaches recognise evidence of improvements in the area of disabilities inside North Korea and perceive potential for further meaningful change in a country that can be difficult to understand and challenging to achieve progress within. It further argues that the human rights model of disability provides a conceptual framing rooted in the disability studies literature, which allows for a clearer articulation of the shared meanings embedded in the different approaches to disability in North Korea.

Residential Care Controversy: The Promise of the UN Convention on the Rights of Persons with Disabilities to Protect All Children

Conflicting interpretations of the Convention on the Rights of the Child (CRC) and Convention on the Rights of Persons with Disabilities (CRPD) send mixed messages on the safety and legitimacy of residential care, resulting in the replacement of large institutions with smaller ones, often called ‘residential care’ or 'group homes.' The CRPD requires governments to create protections and supports to allow all people with disabilities to live in the community. CRPD Committee General Comment No. 5 says that, for children, living in the community means growing up in a family – not in a large or small facility. This article demonstrates how the family inclusion mandate of General Comment No. 5 is rooted in the 'human rights model of disability,' fundamental to equal protection under the CRPD for all children with actual or perceived disabilities. The article proposes solutions to ensure full implementation of both the CRC and CRPD.

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.

The Recast Reception Conditions Directive and the Rights of Asylum Seekers with Disabilities: Opportunities, Challenges and the Quest for Reform

Abstract In recent years, the European Union (EU) has, like much of the developed world, experienced a sustained period of inward migration from refugee-producing States in Africa and the Middle-East. This ‘refugee crisis’ has placed a strain not only on the political will of the EU institutions and Member States to find a satisfactory resolution to deal with the flow of migrants, but also on their ability to put in place fair processes for any resulting claims for asylum and to adequately support the needs of asylum seekers while those claims are being processed. This article discusses the latter issue from a discreet angle, focusing on how the EU has addressed the needs of asylum seekers with disabilities. As a party to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which enjoys sub-constitutional status within the EU legal order, the EU is obligated to interpret all legislation in light of the Convention. Thus, this article seeks to assess the degree to which Directive 2013/33/EU on the material reception conditions for asylum seekers can protect and promote the rights of asylum seekers with disabilities and fulfill the ‘human rights model of disability’ embedded within the CRPD. It also assesses the most recent proposal to replace the Directive, and examines whether the potential shortcomings within it have been addressed thus far. Ultimately, it finds that the ambiguities and lack of procedural certainty within the current Directive provide too much room to derogate from the standards arguably mandated by the Convention, and these have yet to be addressed within the new Proposal.

A Disability Rights Approach to Climate Governance

Despite international recognition of the greater vulnerability of persons with disabilities to climate change, disability issues have received little attention from practitioners, policy makers, and scholars in this field. As countries move forward with measures to combat climate change and adapt to its impacts, it is critical to understand how these efforts can be designed and implemented in ways that can respect, protect, and fulfill the human rights of disabled persons. Drawing on the human rights model of disability enshrined in the United Nations Convention on the Rights of Persons with Disabilities, we set out a disability rights approach to climate governance that identifies the differential impacts of climate change for disabled persons and outlines the principles, obligations, and standards for designing and adopting accessible climate mitigation and adaptation policies and programs. On the whole, we argue that States should identify and pursue synergies between the realization of disability rights and the pursuit of initiatives to decarbonize their economies as well as prepare their societies against future climate impacts. In addition to fulfilling the rights of persons with disabilities and fostering a more inclusive world, disability- inclusive climate solutions can have resonant outcomes that can enable a greater share of the population to contribute to the emergence of carbon neutrality and enhance the climate resilience of society as whole.

How right is right-based mental health law?

Human rights’ frameworks are increasingly being recognized in general, and mental health in particular. Human rights can thus act as powerful catalysts for change in areas such as mental health care that has historically suffered from stigma, discrimination, and loss of dignity of patients. Mental health law in India has evolved over the past few decades, in keeping with improved delivery of care, societal changes, and increasing awareness of a person's human rights and privileges. The new Mental Healthcare Act, 2017 has shifted the focus to a rights-based approach to provide treatment, care, and protection of a person with mental illness compared to previous Mental Health Act 1987. This dynamic shift is to align, harmonize, and fulfill the requirements of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This article reviews the existing international human rights model of disability and recovery, and the Mysore Declaration, and does a critical review of UNCRPD.

Feminismo y discapacidad: El derecho humano a la educación inclusiva desde una perspectiva de género

This article shows a brief analysis of the emergence of a new feminism since the 90s, driven by organized women with disabilities. It is based on the criticism that the human rights model of disability makes about the ableist and the patriarchal system still in force. The right to education, in this context, appears as a key element to ensure the full development, advancement and empowerment of women with disabilities, however, the Spanish educational system continues to show important deficiencies that prevent it from being considered an inclusive model. Based on the Report of the research on the situation of inclusive education in Spain, carried out by the Committee on the Rights of Persons with Disabilities of the United Nations, this issue is analysed from a gender perspective, showing that women and girls with disabilities still go through their particular first wave of feminism where the demand for a true education is a pending issue.Keywords: Women and girls with disability, feminism, disability, human rights, ableism, patriarchy, inclusive education.

General Comment 6 (2018) on Equality and Non-discrimination

Article 5 of the Convention on the Rights of Persons with Disabilities (CRPD) deals with equality and non-discrimination. It specifically provides: 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention. General comment no 6 clarifies the obligations of States parties regarding equality for and non-discrimination of persons with disabilities. It begins by considering equality for and non-discrimination of persons with disabilities in international law (Section II) followed by a discussion of the human rights model of disability and inclusive equality (Section III). It then discusses the legal character of non-discrimination and equality (Section IV), the normative content of Article 5 CRPD (Section v), the general obligations of States parties under the Convention relating to non-discrimination and equality (Section VI), the relationship of Article 5 with other specific articles of the Convention (Section VII), followed by implementation at the national level (Section VIII).

IConstruct: virtual disabilities in online settings

The present study focused on cultural constructions of disability in virtual settings, examining specifically how cultural constructions of disability were mediated through the use of online technology. This was accomplished by identifying and analyzing Greek Cypriot online news media articles and online readers’ posts in response to these articles. Findings indicated that disability in these online settings mainly reproduced traditional models of disability, with the charity model being more prevalent. However, there were instances in which dominant discourses of disability were ruptured through the introduction of counter-narratives in users’ posts which echoed the human rights model of disability. Implications for the fields of media, education and disability studies are discussed in relation to the possibility of using digital media to contribute to the challenge of critical media literacy to address issues of diversity and disability.

Disability in a Human Rights Context

The Convention on the Rights of Persons with Disabilities (CRPD) is a modern human rights treaty with innovative components. It impacts on disability studies as well as human rights law. Two innovations are scrutinized in this article: the model of disability and the equality and discrimination concepts of the CRPD. It is argued that the CRPD manifests a shift from the medical model to the human rights model of disability. Six propositions are offered why and how the human rights model differs from the social model of disability. It is further maintained that the CRPD introduces a new definition of discrimination into international public law. The underlying equality concept can be categorized as transformative equality with both individual and group oriented components. The applied methodology of this research is legal doctrinal analysis and disability studies model analysis. The main finding is that the human rights model of disability improves the social model of disability. Three different models of disability can be attributed to different concepts of equality. The medical model corresponds with formal equality, while the social model with substantive equality and the human rights model can be linked with transformative equality.

The evolving construction and conceptualisation of ‘disability’ in Bhutan

This study – a year-long ethnographic exploration of disability and education in Bhutan – finds that two dominant discourses around ‘disability’ are entering Bhutan simultaneously: the discourse of the medical model of disability and the discourse of the social or human rights model of disability. In this paper, I argue that these two discourses are especially exposed in the Bhutanese context to be opposing forces in shaping local conceptualisation and construction of ‘disability’. By examining the Bhutan case, it can be seen that these kinds of disparate and contentious exogenous constructions of ‘disability’ occur everywhere in the world and negotiate with local constructions of ‘disability’ uneasily. Understanding the interactions of disability discourses in the Bhutanese context can help to understand the interactions of disability discourses writ large.