Comedian Mike Ward v. The Quebec Human Rights Commission: The Moral Boundaries of Jokes About the Disabled

2020 ◽  
pp. 109-128
Author(s):  
Christelle Paré
Author(s):  
Lúcia Souza d'Aquino ◽  
Guilherme Mucelin

This work analyzes the evolution of private law, centered on individualism and totalizing codification, towards private law of solidarity, centered on solidarism, which valorizes the person before his particularities and his laws of protection. Thus, with the strengthening of constitutional principles and human rights, the disabled person is described, as a consumer, as hypervulnerable, worthy of specific protection, which will only be effective with the dialogue between the Consumer Protection Code and the Status of the Disabled Person. The research problem centers on how to protect the disabled person as a consumer from the plurality of standards that affect this relationship, in particular the Consumer Protection Code and the Status of Persons with Disabilities. Using a hypothetical methodology, it is assumed that the dialogue of sources method is the appropriate means to effectively protect people with disabilities in the consumer market


2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir

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.


2014 ◽  
Vol 3 (2) ◽  
Author(s):  
Alexander M. Phiri

This article asks questions about power and partnership in disability research in Africa. Research has been located too much in one type of organisation or another and not sufficiently in the interaction between a range of legitimate stakeholders. Across Africa and Europe, and government and civil society dialogues, the African development research agenda must be owned by Africans. Fully inclusive national and international research partnerships are crucial, but they must be driven from Africa. European constructions of and interventions concerning people with disability have often been inhumane, seeking to eliminate them from society. African cultures have also stigmatised people with disability. I call for a new African-driven research agenda that promotes the human rights of people with disability, and has people with disability not only participating in this research, but directing it. The Southern African Federation of the Disabled (SAFOD) Research Programme (SRP) is breaking new ground in this regard by allowing ‘the researched’ to become ‘the researcher’.


2017 ◽  
Vol 2 (1) ◽  
pp. 92
Author(s):  
Kuni Nasihatun Arifah

The fulfillment of Human Rights is one of the indicators of a Legal State, Indonesia as a State of law mandated in the body of the 1945 Constitution of the State's obligation to fulfill human rights for every citizen of his country without exception including to the disabled, disabled is one of the citizens who are prone to discrimination. Perda Kota Surakarta No.2 Year 2008 about disability equality regulates the rights and obligations of the disabled and the obligation of government in realizing equality of disability including physical accessibility in public transportation and public service. In order to implement the regulation, regulation can be implemented. The form of impelemntasi aksebilitas public transportation facilities in Surakarta is with the BST (Bus Trans Surakarta) , halte bus and bus Begawan Abiyasa. After  implementation is run, there is an effort to increase Accessibility that is with the supervision of local regulations, the construction of tirtonadi terminal, and coordination.Hambatan that the Government in the effort to fulfill the right of accessibility Public transportation is a matter of funds and coordination between agencies.The result of the research shows that the implementation of the rights of  Perda No.2 of 2008 on disability equality in Surakarta through three processes namely socialization, coordination and implementation and supervision and assessment, all of which have been running well but still require a lot of improvement especially in terms of coordination of implementation.


Mousaion ◽  
2016 ◽  
Vol 34 (2) ◽  
pp. 54-66
Author(s):  
Godwin Makaudze

Contemporary Shona society in Zimbabwe has witnessed the mushrooming of organisations meant to protect the disabled and the vulnerable. In addition, empowering legislative measures have been put in place. In most cases, however, such efforts bear limited fruits, especially because they are not in sync with Shona practice. They are pursued as if the Shona people had never known the existence and observance of human rights and privileges. Using the Afrocentricity theory and drawing examples from the Shona ngano (folktale) genre, this article posits that Shona oral traditions are laden with the indigenous people’s philosophy and approach to various kinds of impairments and disadvantages which can be adopted and adapted by contemporary societies.


2020 ◽  
Vol 185 ◽  
pp. 03028
Author(s):  
Xiaoxiao Deng ◽  
Weiwei Liu ◽  
Xin Zhao

The 15-20% of the world's population has certain disability. They have treated bad, looked low, ignored beyond their law, educations and medical care has been denied, also have been underestimated. This is 21st century, people are being kind and helpful in many places, the disabled are achieving in all fields but still some with not the open mind are struggling to accept disabled people even their parents in some cases. Government and science had helped them in uncountable things and also been a devil in number of things. Government introduced laws and policies favouring disabled people. Science and technology helped them to do things which they can’t. Separate medical care services and welfare organisations are there to help for disabled people in several ways including education and insurance. In India, human rights commission is there to give a shout to disabled people rights and also to debate about their dignity. But is this good enough for their life. Technology can do more than this to make their life even better and better. Government can implement strict laws and bills against people who are discriminating and harassment on disabled.


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