Disability Law and Human Rights

2022 ◽  
Keyword(s):  
2013 ◽  
Vol 41 (4) ◽  
pp. 807-820
Author(s):  
Tushti Chopra

Human rights are basic, inalienable, interdependent, and universally recognized rights that are sine qua non for existence and growth of any human to be his best. These human rights are to be enjoyed by all human beings (individually or collectively) by virtue of being human, irrespective of their limitations or disabilities; due to the stated reason, the rights of disabled people as a “group right” are recognized as a third-generation human right.


2018 ◽  
Vol 9 (2) ◽  
pp. 111-126
Author(s):  
Amir Fiqih Alqadafi

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


The UN Convention on the Rights of Persons with Disabilities (CRPD) has been in force for nearly a decade. This book examines how the Convention has been given effect and interpreted in thirteen different jurisdictions. It has two main interconnected aims. The first is to investigate and compare the way in which the CRPD has been interpreted and applied by courts in different jurisdictions. The second is to investigate and deepen understanding of the CRPD’s influence at the domestic level. The first of these aims situates this study within the emerging field of comparative international law—to which it offers the first major contribution addressing an international human rights treaty other than the UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). The second situates it within the field of disability law—to which it offers the first sustained analysis of how the CRPD influences domestic court judgments. Besides the thirteen jurisdiction-specific chapters (written by experts in both the CRPD and the particular jurisdiction in question), comparative analysis is provided in four chapters—addressing respectively the interpretation of CRPD provisions by domestic courts; the legal status of the CRPD in domestic law and its relevance to domestic case law; the uses made of the CRPD by domestic courts; and the judiciary’s role and perception of its relationship with the CRPD. The book also includes reflections on the implications of this study, and previous comparative international law studies of CEDAW, for human rights theory.


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