‘Even though I Am Blind, I Am Still Human!’: the Neglect of Adolescents with Disabilities’ Human Rights in Conflict-Affected Contexts

AbstractDrawing on qualitative research undertaken with adolescents with disabilities from refugee and host communities in Jordan and the State of Palestine, this article critically interrogates the framing of child neglect, which to date has situated the state as a protector rather than a perpetrator, the narrow understanding of adolescent needs and the responsibility of international actors for ensuring that the full range of human rights of adolescents with disabilities is supported. We frame our findings on adolescent neglect through a multidimensional capabilities lens and argue that although both adolescence as a distinct lifecycle stage and the rights of persons with disabilities have moved up the development agenda, adolescents with disabilities remain largely invisible, and especially so in conflict-affected contexts. Our findings highlight that adolescents with disabilities have limited access to schooling, skills building for economic empowerment and healthcare, due to accessibility challenges, cost and highly limited specialist provisioning. Moreover, adolescents with disabilities also have very little access to psychosocial support or opportunities to develop the independence which is a hallmark of adolescence and critical for successful transitions into early adulthood. Rather than working to meet those needs, the government and UN agencies tasked with provisioning in conflict-affected areas continue to miss opportunities to link young people with disabilities to existent services and tend to rely on NGOs to deliver small-scale, time-bound programming rather than assuming responsibility for appropriate programming at scale.

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MODEL PERLINDUNGAN SOSIAL BAGI PENYANDANG DISABILITAS DI KABUPATEN CIANJUR DIKAJI DALAM PERSPEKTIF HAK ASASI MANUSIA

JURNAL ILMIAH LIVING LAW ◽

10.30997/jill.v11i2.2102 ◽

2019 ◽

Vol 11 (2) ◽

pp. 131

Author(s):

Tanti Kirana Utami

Keyword(s):

Human Rights ◽

Social Security ◽

Research Method ◽

Social Protection ◽

The State ◽

Human Beings ◽

Persons With Disabilities ◽

Analytical Research ◽

The Government ◽

Policies And Programs

Law Number 39 of 1999 concerning Human Rights regulates the obligations of the State in protecting each of its citizens, including the respect, protection and fulfillment of the rights of persons with disabilities. Persons with disabilities should get the same opportunity in developing themselves through independence as human beings with dignity. Based on the foregoing it is very important to conduct research on persons with disabilities to find out the objective conditions of persons with disabilities in Cianjur district and to find out policies and programs for social protection activities for persons with disabilities. The research method used is normative juridical with descriptive analytical research specifications. The results showed that the condition of persons with disabilities in Cianjur Regency was caused due to birth or illness with various disabilities spread in several districts and social protection for persons with disabilities in Cianjur regency carried out in the form of providing various facilities and social security in stages. The conclusion of this study is the data of persons with disabilities in Cianjur Regency already included including social protection provided by the government. For this reason, it is expected that various facilities and social security will be improved and local regulations made

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Usage of quotas in the state budget: A case study of Karnataka in India

Disability Studies Quarterly ◽

10.18061/dsq.v29i1.169 ◽

2009 ◽

Vol 29 (1) ◽

Cited By ~ 2

Author(s):

Pradeep Kumar

Keyword(s):

Safety Net ◽

The State ◽

State Governments ◽

Font Size ◽

Poverty Eradication ◽

State Budget ◽

Persons With Disabilities ◽

Development Agenda ◽

The Government

<span style="font-size: 12pt; font-family: Arial;">Persons with disabilities constitute nearly ten percent of the population of India, and the Persons with Disabilities Act of 1995 allocates 3% quota in all poverty alleviation programmes and schemes of the government. Though the system of quota has a legislative mandate to be used as a safety net, many studies have indicated that the state governments have failed in implementing the same in the case of people with disabilities. Karnataka has been one of the most progressive states in mainstreaming disability into the development agenda of the state, and through a democratic process of "participatory governance" it has ensured that the allocation of 3% quota is successfully implemented in all the poverty eradication programmes of the state.</span>

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Implementation of the 2006 Convention on the Rights of Persons with Disabilities in Zimbabwe: A review

African Journal of Disability ◽

10.4102/ajod.v7i0.389 ◽

2018 ◽

Vol 7 ◽

Author(s):

Cowen Dziva ◽

Munatsi Shoko ◽

Ellen F. Zvogbo

Keyword(s):

Human Rights ◽

The State ◽

Limited Resources ◽

Disability Rights ◽

Persons With Disabilities ◽

Extant Literature ◽

Research Institutes ◽

Policies And Measures ◽

The Government ◽

Main Instrument

Background: The Convention on the Rights of Persons with Disabilities came into place in 2006, as the main instrument for advancing the human rights of persons with disabilities. For many African states, the Convention came amidst ubiquitous marginalisation and discrimination of persons with disabilities. As expected, the Convention has been hailed as a landmark in the struggle to reframe the needs and concerns of persons with disabilities.Objectives: This article reviews the implementation of the Convention by the Zimbabwean government.Method: The study relies on reviews of extant literature on disability rights. Reviewed documents include the Convention, constitution and other related national laws, policies and measures pertaining to disability rights.Results: This article lauds the state for promulgating a disability-friendly constitution that resembles the Convention to effectuate a human rights approach to disability issues. Relatedly, the state came up with institutions that collaborate with research institutes and disability organisations to conduct research, provide services to persons with disabilities, raise awareness and advocacy and litigate for disability rights.Conclusion: In spite of these efforts, this article shows that Zimbabwe has yet to close the gap on the ideals of the Convention, mainly because of limited resources amongst state-funded institutions for advancing disability issues. The government of Zimbabwe is challenged to domesticate all provisions of the Convention and to provide resources to institutions for progressive realisation of the rights of persons with disabilities.

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KONSEP PERLINDUNGAN HAK KONSTITUSIONAL PENYANDANG DISABILITAS DI INDONESIA

Refleksi Hukum Jurnal Ilmu Hukum ◽

10.24246/jrh.2017.v1.i2.p161-174 ◽

2017 ◽

Vol 1 (2) ◽

pp. 161

Author(s):

Arie Purnomosidi

Keyword(s):

Human Rights ◽

The State ◽

Constitutional Rights ◽

Persons With Disabilities ◽

State Administrators ◽

The Government

Berbicara tentang hak konstitusional, berarti membicarakan tentang hak dasar manusia yang dimuat dalam konstitusi. Hak-hak yang diatur dalam konstitusi merupakan batas yang tidak bisa dilanggar oleh penyelenggara Negara dalam menjalankan kekuasaan Negara, baik sebagai hak warga Negara atau hak asasi. Dalam UUD 1945 hak-hak yang secara tegas disebut sebagai hak asasi manusia yaitu sebagaimana termuat dalam Bab XA UUD 1945. Salah satu hak konstitusional yang diatur dalam UUD NRI 1945 adalah hak konsitutisional penyandang disabilitas. Hak konstitusional penyandang disabilitas ini perlu untuk diatur baik dalam konstitusi maupun di dalam undang-undang yang bertujuan bukan hanya untuk menjamin pemenuhan hak dan kebutuhan para penyandang disabilitas, tetapi juga memberikan tanggung jawab pada pemerintah dan masyarakat untuk lebih berperan aktif dalam memberikan perlindungan terhadap harkat dan martabat para penyandang disabilitas.<br /><br /><em>Discourse on constitutional rights includes the discussion about basic human rights as contained in the constitution. The rights stipulated in the constitution, both citizens as well as human rights, provide a limit which can not be infringed by the state administrators in performing their authority. In the Constitution of 1945 the rights which are explicitly referred to as human rights are contained in Chapter XA. One of the constitutional rights set forth in the constitution is the constitutional rights of persons with disabilities. The constitutional rights of persons with disabilities need to be regulated in the constitution as well as in legislation not only to ensure the fulfillment of the rights and needs of persons with disabilities, but also to provide the basis for the responsibility of the government and the community to be more active in providing protection of the dignity of persons with</em><br /><em>disabilities.</em>

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People’s Movement in Odisha: An Assessment

Indian Journal of Public Administration ◽

10.1177/0019556117699744 ◽

2017 ◽

Vol 63 (2) ◽

pp. 265-283

Author(s):

Subhendu Ranjan Raj

Keyword(s):

Human Rights ◽

Large Scale ◽

Civil Disobedience ◽

The State ◽

State Governments ◽

Growth Strategies ◽

Protest Movements ◽

The People ◽

The Government ◽

Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

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Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

Legal Research Development an International Refereed e-Journal ◽

10.53724/lrd/v5n4.06 ◽

2021 ◽

Vol 5 (IV) ◽

pp. 34-42

Author(s):

Dr. Ram Charan Meena,

Keyword(s):

Human Rights ◽

Human Beings ◽

Social Approach ◽

Persons With Disabilities ◽

Psychological Barriers ◽

Contemporary Situation ◽

The Law ◽

The Government ◽

Definition Of ◽

The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

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Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan

Kanun: Jurnal Undang-undang Malaysia ◽

10.37052/kanun.32(2)no6 ◽

2020 ◽

Vol 32 (2) ◽

pp. 297-319

Author(s):

Norita Azmi ◽

◽

Salawati Mat Basir

Keyword(s):

Human Rights ◽

Minority Group ◽

Disabled Persons ◽

Persons With Disabilities ◽

Legal Provisions ◽

Federal Constitution ◽

Norms And Values ◽

The Disabled ◽

The Government ◽

The Right

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.

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‘The Highest Attainable Standard’: The Right to Health for Refugees with Disabilities

Societies ◽

10.3390/soc9020033 ◽

2019 ◽

Vol 9 (2) ◽

pp. 33 ◽

Cited By ~ 2

Author(s):

Smith-Khan ◽

Crock

Keyword(s):

Human Rights ◽

Full Range ◽

Good Practice ◽

Legal Framework ◽

Right To Health ◽

Host Countries ◽

Persons With Disabilities ◽

Health And Wellbeing ◽

Socioeconomic Rights ◽

The Right

The Convention on the Rights of Persons with Disabilities (CRPD) creates duties for States Parties and UN agencies to ensure that individuals under their protection have equal enjoyment of the full range of human rights. This includes the Article 25 right to enjoy ‘the highest attainable standard of health without discrimination on the basis of disability.’ However, refugees, who are forced to seek protection outside their state, face particular obstacles to maintaining an adequate level of wellbeing and accessing services to meet their health needs. Among this group, those who have a disability may confront multiple intersecting challenges. This paper draws on the findings of research across countries that play host to significant refugee populations. It explores the contribution of the CRPD to the international human rights framework for refugees, with particular attention to the right to health. Incorporating evidence from the field, it discusses the implementation of these rights and related duties in humanitarian responses across the world. This article discusses common barriers to health services for refugees with disabilities in six host countries. Based on the broad conceptualization of health and wellbeing established in the international legal framework, it also examines the relationship between the fulfilment of Article 25 and other basic socioeconomic rights. It provides examples of good practice and identifies strategies to better ensure the rights set out in Article 25 of the CRPD.

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Problem of Statelessness in Nepal

NUTA Journal ◽

10.3126/nutaj.v6i1-2.23230 ◽

2019 ◽

Vol 6 (1-2) ◽

pp. 64-69

Author(s):

Rameshwor Upadhyay

Keyword(s):

Human Rights ◽

The State ◽

Fundamental Rights ◽

The Other ◽

Universal Principle ◽

Legal Obligations ◽

The World ◽

Women And Children ◽

The Government ◽

International Instruments

This paper highlighted Nepalese statelessness issue from Nationality perspective. Nationality is one of the major human rights concerns of the citizens. In fact, citizenship is one of the major fundamental rights guaranteed by the constitution. According to the universal principle related to the statelessness, no one shall be arbitrarily deprived of his or her nationality. In this connection, on one hand, this paper traced out the international legal obligations created by the conventions to the state parties in which state must bear the responsibility for making national laws to comply with the international instruments. On the other hand, this paper also appraised statelessness related lacunae and shortcomings seen in Municipal laws as well as gender discriminatory laws that has been supporting citizens to become statelessness. By virtue being a one of the modern democratic states in the world, it is the responsibility of the government to protect and promote human rights of the citizens including women and children. Finally, this paper suggests government to take necessary initiation to change and repeal the discriminatory provisions related to citizenship which are seen in the constitution and other statutory laws.

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Reformative and rehabilitative programs for prisoners with cognitive impairments: Australia’s international obligations

Alternative Law Journal ◽

10.1177/1037969x17710615 ◽

2017 ◽

Vol 42 (2) ◽

pp. 102-106

Author(s):

Emma Henderson ◽

Nicole Shackleton ◽

Stephanie Falconer

Keyword(s):

Human Rights ◽

Cognitive Impairments ◽

The State ◽

Political Rights ◽

Mental Impairment ◽

Persons With Disabilities ◽

International Obligations ◽

Civil And Political Rights

While there has been much recent controversy relating to the abusive treatment of young prisoners and the failure of the State to properly facilitate the rehabilitation and reformation of young detainees, little attention has been paid to similar failures in relation to prisoners with cognitive impairments. In this article, we argue that Article 10.3 of the International Covenant on Civil and Political Rights and Article 26 of the Convention on the Rights of Persons with Disabilities require Australia to ensure that the conditions of detention of all prisoners are primarily reformative and rehabilitative. Analysing relevant jurisprudence, we argue that Australia is systematically failing to meet its human rights obligations to prisoners found ‘not guilty’ by reason of mental impairment.

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