Art.19 Living Independently and Being Included in the Community

2018 ◽  
Author(s):  
Fiala-Butora János ◽  
Rimmerman Arie ◽  
Gur Ayelet
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Living Alone ◽  
Community Living ◽  
Freedom Of Choice ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The United Nations ◽  
And Control

This chapter examines Article 19 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). ‘Living independently and being included in the community’, is one of the most important rights in the CRPD, since choice, freedom, and inclusion are considered as prerequisites for exercising all other rights. To facilitate such autonomy and participation, it requires ratifying states to ensure that people with disabilities have the opportunity to choose where and with whom they live; and that they have access to the range of services necessary to support community living and to prevent isolation or segregation. Living independently does not mean living alone; rather, it means exercising freedom of choice and control over decisions affecting one’s life with the same level of independence and interdependence within society on an equal basis with other.

scholarly journals Moving from the Implicit to the Explicit: ‘Spiritual Rights’ and the United Nations Convention on the Rights of Persons with Disabilities

2015 ◽  
Vol 4 (3) ◽  
pp. 103
Author(s):  
Russell Whiting ◽  
Sándor Gurbai
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Extended Period ◽  
Christian Doctrine ◽  
Persons With Disabilities ◽  
The Disabled ◽  
United Nations Convention ◽  
The United Nations

This article considers spiritual rights in relation to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It notes that unlike in other legally binding UN treaties spiritual rights is not a term covered in this convention. The purpose of the article is to explore how that exclusion happened, what it means, what lies behind it and also to suggest one way of considering how the convention might have been enriched by explicitly including spiritual rights. Firstly, the article discusses the use of the term spiritual rights. It goes on to analyse how spiritual rights are recognized in some UN treaties and not others. The article then examines the travaux préparatoires of the convention and studies how spiritual rights were excluded after an extended period of debate between delegates. The article challenges the view of some delegates that if spiritual rights is included in other conventions that should be sufficient. It uses the Christian doctrine of incarnation to explore what might be distinctive about spiritual rights for people with disabilities. Boros and Vanier’s interpretations of the doctrine are briefly considered before a fuller exploration of the “Disabled God” incarnationalism of the theologian Nancy Eiesland, who was in fact involved in the drafting of UNCRPD. The idea of the Disabled God is also shown to be meaningful outside of a Christian context with an example from Shintoism. The article concludes that whilst spiritual rights is certainly a contested term, its omission from the UNCRPD is to be lamented. 

scholarly journals The United Nations Convention on the Rights of Persons with Disabilities and its Implications for the Equality Rights of Canadians with Disabilities: The Case for Education

2011 ◽  
Vol 29 ◽  
pp. 73 ◽  
Author(s):  
Ravi Malhotra ◽  
Robin F. Hansen
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Equality Rights ◽  
Road Map ◽  
Personnes Handicapées ◽  
History Of ◽  
United Nations Convention ◽  
The United Nations

In this paper, we examine the history of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities and its implications for the equality rights of people with disabilities in education. We specifically consider leading recent cases in the area such as Eaton, Auton, Wynberg and Moore in order to provide a road map to advocates of people with disabilities as to potential strategies that will empower people with disabilities. While disability rights advocates lost all four cases, we suggest ways in which Article 24 might shift the balance in favour of disability rights advocates.Dans cet article, les auteurs tracent l’historique de l’article 24 de la Convention des Nations Unies sur les droits des personnes handicapées et examinent ses conséquences sur les droits à l’égalité des personnes handicapées au regard de l’enseignement. Ils examinent tout particulièrement certaines décisions récentes faisant autorité dans le domaine comme Eaton, Auton, Wynberg et Moore pour attirer l’attention des défenseurs des droits des handicapés sur les stratégies susceptibles de renforcer les positions des handicapés. Bien que le tribunal n’ait pas retenu les arguments des défenseurs des droits des handicapés dans aucune de ces quatre causes, les auteurs proposent des façons dont l’article 24 pourrait faire pencher la balance en faveur des défenseurs des droits des handicapés.

Disability and Capability: Exploring the Usefulness of Martha Nussbaum's Capabilities Approach for the UN Disability Rights Convention

2013 ◽  
Vol 41 (4) ◽  
pp. 768-780 ◽  
Author(s):  
Caroline Harnacke
Keyword(s):  
Human Rights ◽  
United Nations ◽  
People With Disabilities ◽  
Capabilities Approach ◽  
Disability Rights ◽  
Disabled People ◽  
Persons With Disabilities ◽  
Cultural Rights ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) aims at empowering people with disabilities by granting them a number of civil and political, but also economic, social, and cultural rights. This is a groundbreaking agreement for all persons with disabilities, especially because it is the first human rights agreement for disabled people, and it is legally binding. For those states who signed it, it also brings various governmental obligations. Implementing the CRPD will clearly be politically challenging and also very expensive for all states, but even more so for poor ones.

How Can the Right of Young Children with Disability to be Heard be Enacted within the Policy Constructs of Participant Choice and Control?

2018 ◽  
Vol 26 (3) ◽  
pp. 423-445
Author(s):  
Jackie Brien
Keyword(s):  
Young Children ◽  
United Nations ◽  
Critical Examination ◽  
Persons With Disabilities ◽  
Children With Disability ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right ◽  
And Control

This comprehensive literature review provides a critical examination of the concepts inherent in Australia’s National Disability Insurance Scheme, participant choice and control. These concepts are explored in relation to enacting the child’s right to be heard, as outlined in the United Nations Convention on the Rights of the Child and the United Nations Convention on the Rights of Persons with Disabilities.Enacting this right is found to be dependent on the image of young children with disability, acknowledging children’s citizenship rights and balancing these with perspectives regarding the need for protection and the child’s place in family and community. The social-relational model of disability is helpful in understanding how the enactment of the right to be heard may be supported. Parents and early childhood professionals who are sensitive to the child’s perspective may take the role as social mediators of child voice, choice and control, along with practices supporting children’s evolving capacities to enact their own rights and aspirations.

scholarly journals THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND ITS EFFECTS ON THE PROMOTION OF ELITE DISABILITY SPORT: A WORLDWIDE ANALYSIS

2018 ◽  
pp. 119-138
Author(s):  
Jaime Prieto ◽  
Juan L. Paramio-Salcines
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Active Role ◽  
Persons With Disabilities ◽  
Disability Sport ◽  
Sports Events ◽  
Athletes With Disabilities ◽  
Elite Level ◽  
United Nations Convention ◽  
The United Nations

Little attention has been focused on the analysis of the interrelation between disability and elite disability sport from the human rights perspective as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) demands of those countries that ratified this global regulation. More than a decade since its promulgation in December 2006, the United Nations itself and a plethora of authors recognises that disability in general and disability sport by extension has not yet been seen as a human rights issue in many countries, principally in developing countries. This paper is divided into four main parts. First, academic literature in relation to disability, human rights policy and sport at elite level is explored. Second, it examines the active role of the International Paralympic Committee, regarded as a major advocate for the rights of the sport promotion of athletes with disabilities, to implement the Convention by the organisation of sports events for Paralympic athletes worldwide at all levels of the sport development continuum. Third, it explains the methods and data collection followed in the study and the following section presents results of the analysis. Finally, it draws an international scenario that might be valuable in informing academics, institutions and professionals to promote elite disability sport from the human rights perspective.

scholarly journals DeCovidation = Deinstitutionalization. Independent Living and Inclusion in the Community

2020 ◽  
Vol 21 ◽  
pp. 26-36
Author(s):  
Rasa Genienė
Keyword(s):  
Content Analysis ◽  
United Nations ◽  
Eastern Europe ◽  
Independent Living ◽  
Central And Eastern Europe ◽  
The Elderly ◽  
Soviet Regime ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The United Nations

The global coronovirus (Covid-19) pandemic has been revealed what about half of the world’s deaths are recorded in large institutions of the elderly and people with disabilities, and these are later thought to be incentives for states to take active deinstitutionalisation efforts. In order for deinstitutionalisation actions to respond to its ideological origins, which lie in the provisions of the United Nations Convention on the Rights of Persons with Disabilities, in the necessary legal instruments and in clarifying that Member States are responsible. The article reveals how the deinstitutionalisation processes that have already started are implemented and evaluated in Central and Eastern Europe and discusses their problems. Content analysis was used to investigate the Soviet regime, leading to the implementation of official and alternative (shadow) reports on the United Nations Convention on the Rights of Persons with Disabilities.

Art.43 Consent to Be Bound

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
Persons With Disabilities ◽  
Legal Effect ◽  
United Nations Convention ◽  
The United Nations ◽  
Multilateral Treaties

This chapter examines Article 43 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The formal act by which a state consents to be bound by a treaty is expressed through ratification. The various legal terms used to denote such consent (ie acceptance, approval, or accession) produce the same functional and legal effect in the international sphere. Their differences lie chiefly in the states’ internal/constitutional sphere. Article 43 CRPD departs from equivalent provisions in other treaties under the UN aegis, as well as other multilateral treaties, at least in phrasing. Other multilateral treaties specifically distinguish between the two classical types of consent: a) that which is open to signatory states, namely ratification, acceptance and approval and; b) that which is open to non-signatories, namely accession. Article 43 does not make this distinction explicit. Its wording seems to suggest that acceptance and approval are excluded from its ambit, but given that both of these produce exactly the same legal effects as ratification, the distinction is practically meaningless.

Art.37 Cooperation between States Parties and the Committee

2018 ◽  
Author(s):  
Gledhill Kris
Keyword(s):  
United Nations ◽  
Persons With Disabilities ◽  
Ordinary Meaning ◽  
Optional Protocol ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Committee oversees the implementation of the CRPD by its states parties through an assessment of periodic reports and by hearing disputes submitted under the CRPD’s Optional Protocol. Article 37 CRPD contains two distinct obligations: that owed by the signatory states of cooperation with the Committee (article 37(1)), and that of the Committee to bear in mind the need to augment domestic capacities to give effect to the CRPD (article 37(2)). An understanding of the import of this turns on the ‘ordinary meaning’ of the words used ‘in their context’ and bearing in mind their ‘object and purpose’. Accordingly, this chapter examines various relevant features and looks at the practice of the Committee to date in order to suggest the meaning of these obligations.

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