Art.26 Habilitation and Rehabilitation

Services And Supports ◽

The Individual ◽

This chapter examines Article 26 of the United Nations Convention on the Rights of Persons with Disabilities, which reaffirms the relevance of rehabilitation as a means for the full enjoyment of the right to the highest attainable standard of physical and mental health, the right to employment, the right to education, and the right to independent living of persons with disability. The focus of the article is on access to rehabilitation services and programmes. Article 26 addresses both rehabilitation and habilitation to mark the distinction between services and supports that return an individual to a situation of independence, ability, inclusion, and participation—such as would be experienced prior to an injury or the onset of a health condition—as well as services and supports that bring the individual to maximal independence—in the case of children born with congenital impairments.

Art.10 Right to Life

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0011 ◽

2018 ◽

Author(s):

Nizar Smitha

Keyword(s):

United Nations ◽

Human Beings ◽

Right To Life ◽

Optional Protocol ◽

Micro Level ◽

The United Nations ◽

The Individual ◽

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.

Art.22 Respect for Privacy

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0023 ◽

2018 ◽

Author(s):

Land Molly ◽

Giannoumis Anthony ◽

Kitkowska Aga ◽

Mikhaylova Maria

Keyword(s):

United Nations ◽

Personal Health ◽

Right To Privacy ◽

Control Information ◽

The Right To Privacy ◽

Disability Status ◽

The Individual ◽

This chapter examines the legal and normative obligations of states under Article 22 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) to protect individuals with disabilities against unlawful and arbitrary interference with their privacy, both in general and in particular with respect to their personal, health, and rehabilitation information. For persons with disabilities, the right to privacy plays a particularly important role in helping to guarantee rights such as the rights to equality, to freedom from discrimination, to employment, and to education, among others. This is because the right to privacy provides individuals with the right to control information about themselves, including information related to their disability status. The ability to control and limit discovery and disclosure of one’s disability status is essential in helping to protect the individual from discrimination and stigma.

Art.24 Education

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0025 ◽

2018 ◽

Author(s):

Anastasiou Dimitris ◽

Gregory Michael ◽

Kauffman James M

Keyword(s):

Human Rights ◽

United Nations ◽

Lifelong Learning ◽

Economic Justice ◽

Educational Opportunities ◽

Right To Education ◽

Human Rights Treaties ◽

This chapter examines Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which recognizes the right of persons with disabilities (PWD) to education and lifelong learning, specifying obligations of states parties that are necessary for realizing this right. Consistent with the CRPD as a whole and with other human rights treaties, it seeks to eliminate discrimination against and equalize educational opportunities for PWD. Nevertheless, it is argued that several tensions and ambiguities embodied in Article 24 raise questions about its efficacy for ultimately achieving its important vision. Despite its categorization as an ‘economic, social, and cultural right’, Article 24 appears to operate in practice primarily as an anti-discrimination measure, which inhibits its potential for securing socio-economic justice for all PWD. In this regard, it diverges from the paradigm that has characterized other international statements on the right to education.

Is the Right to Access to the Services and Supports Ensured for the Deaf and Hard-of-Hearing Children? An Ethnographic Study Based on the Experience of Hearing Parents

Societies ◽

10.3390/soc8030053 ◽

2018 ◽

Vol 8 (3) ◽

pp. 53

Author(s):

Carolina Puyaltó ◽

Charles Gaucher ◽

Ann Beaton

Keyword(s):

Hard Of Hearing ◽

Ethnographic Study ◽

Hearing Parents ◽

Depth Interview ◽

Services And Supports ◽

The Right ◽

Hearing Children ◽

Access Services

The right of people with disabilities to access services and supports they need is internationally recognized by the United Nations’ Convention (CRPD) on the Rights of Persons with Disabilities. However, deaf and hard-of-hearing children face obstacles to access services requested by their parents. As part of a broader ethnographic research project focused on the experience of Francophone hearing parents of deaf and hard-of-hearing children, this study explores the obstacles encountered by parents in their struggle to ensure that the needs of their children are met. 117 parents from Canada (n = 52), Belgium (n = 15), France (n = 23), and Switzerland (n = 27) participated in an in-depth interview. The main findings show that parents face important difficulties to access the available services due to their rural location, situated far from the main health services and due to the long wait times. Also, the unavailability of some of the rehabilitation and educational services represent another important obstacle that leads parents to become the main advocates for their children rights. Finally, some lines of action to implement the CRPD provisions are drawn to contribute to the right of deaf and hard-of-hearing children to access to the services they need.

DeCovidation = Deinstitutionalization. Independent Living and Inclusion in the Community

Socialinė teorija empirija politika ir praktika ◽

10.15388/stepp.2020.21 ◽

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 ◽

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.

Chronic Illness

Foundations of Global Health & Human Rights ◽

10.1093/oso/9780197528297.003.0014 ◽

2020 ◽

pp. 285-306

Author(s):

Oliver Lewis ◽

Soumitra Pathare

Keyword(s):

Mental Health ◽

Human Rights ◽

Independent Living ◽

People With Disabilities ◽

Well Being ◽

Implementation Challenges ◽

National Implementation ◽

The Right ◽

Models Of Service Delivery

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.

Handbook of Research on Diagnosing, Treating, and Managing Intellectual Disabilities - Advances in Psychology, Mental Health, and Behavioral Studies ◽

Recent Trends and Issues in Vocational Rehabilitation of People with ID

10.4018/978-1-5225-0089-6.ch015 ◽

2016 ◽

pp. 283-309

Author(s):

Bijoy Kumar Dehuri ◽

Bhavna Mukund

Keyword(s):

Intellectual Disability ◽

Vocational Rehabilitation ◽

Supported Employment ◽

Well Being ◽

Rehabilitation Services ◽

Integrated Employment ◽

Recent Trends ◽

People With Intellectual Disabilities ◽

United Nations Convention

Employment has many advantages for people. Besides earning an income, work provides opportunities for social interaction, a means of structuring and occupying time, enjoyable activity and involvement, and a sense of personal achievement. Work is considered therapeutic and essential for both the physiological survival and psychological well-being of people in contemporary societies and hence it's importance in people with intellectual disability. The rights of people with disabilities have been given new attention with the entry into force of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in May 2008. The various policies, issues and trends in vocational rehabilitation of people with intellectual disabilities in existence in different countries need to be examined along with different models in existence to develop appropriate executable models whereby such rehabilitation services could be made available early in life to such individuals and after training they could be provided with supported employment or integrated employment as the case may be.

Art.23 Respect for Home and the Family

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0024 ◽

2018 ◽

Author(s):

Fiala-Butora János

Keyword(s):

Human Rights ◽

Family Life ◽

Intimate Relationships ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

The Family ◽

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

Art.20 Personal Mobility

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0021 ◽

2018 ◽

Author(s):

Kovudhikulrungsri Lalin ◽

Hendriks Aart

Keyword(s):

Human Rights ◽

United Nations ◽

Human Beings ◽

Personal Mobility ◽

Cultural Activities ◽

European Court ◽

The United Nations ◽

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.

Art.15 Protection against Torture and Cruel or Inhuman or Degrading Treatment or Punishment

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0016 ◽

2018 ◽

Author(s):

Fennell Phil

Keyword(s):

Health Care ◽

Informed Consent ◽

United Nations ◽

Right To Health ◽

Legal Capacity ◽

Right To Health Care ◽

Degrading Treatment ◽

This chapter examines Article 15 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which prohibits torture and cruel, inhuman, or degrading treatment or punishment (CIDTP), irrespective of the circumstances and the victim’s behaviour. Article 15 rights overlap with rights under other CRPD articles, including the right to legal capacity on an equal basis with others under Article 12; the right to liberty and security under Article 14; the right to protection against violence, exploitation and abuse under Article 16; the right to physical and mental integrity under Article 17 and; the right to health care on an equal basis with others and based on informed consent under Article 25.