The Right to Participation of People with Mental Disabilities in Legal and Policy Reforms

2012 ◽  
pp. 585-598 ◽  
Author(s):  
Oliver Lewis ◽  
Nell Munro
Keyword(s):  
Mental Disabilities ◽  
Policy Reforms ◽  
Right To Participation ◽  
The Right

scholarly journals Pemenuhan Hak Politik Penyandang Disabilitas Mental dalam Pemilihan Umum

Kosmik Hukum ◽  
2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rizkon Maulana ◽  
Indriati Amarini ◽  
Ika Ariani Kartini
Keyword(s):  
Secondary Data ◽  
The Political ◽  
Political Rights ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
General Elections ◽  
Pros And Cons ◽  
Right To Vote ◽  
The Right ◽  
Political Right

The fulfillment of political rights for persons with mental disabilities in general elections has not been running as it should be. Pros and cons arise when collecting data on citizens who have the right to vote at the time of general elections. This research analyzes how the fulfillment of the political rights of persons with mental disabilities in legislation and the obstacles experienced in fulfilling the political rights of persons with mental disabilities. This research is a normative juridical study using secondary data as the main data, namely books, journals, research results, and legislation. Secondary data were analyzed normatively qualitative. The results showed that the political rights of persons with disabilities, including persons with mental disabilities, are a component of human rights that must be fulfilled in a democratic country. The fulfillment of the political rights of persons with disabilities is generally based on Law Number 8 of 2016, namely Article 13 which stipulates that persons with disabilities have the political right to vote and be elected in public office. These rights are important to be respected, protected and fulfilled in order to achieve justice for eliminating political discrimination against persons with disabilities. As for the obstacles experienced in fulfilling the political rights of persons with mental disabilities, namely the difficulty in conveying socialization materials to persons with mental disabilities and the level of voter participation among persons with mental disabilities is still low.Keywords: Political Rights, General Election, Mental Disability

scholarly journals A duális képzés eredményességre gyakorolt hatása

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Zsófia Kocsis
Keyword(s):  
Higher Education ◽  
Academic Performance ◽  
Higher Education Policy ◽  
Qualitative Data ◽  
Traditional Education ◽  
Policy Reforms ◽  
Student Group ◽  
Significant Development ◽  
The Right ◽  
Qualitative Part

Világszerte kihívást jelent a felsőoktatási intézményeknek, hogy képzéseivel előkészítse a hallgatók munkaerőpiaci elhelyezkedését. A felsőoktatási politikai reformok keresik a megfelelő megoldást erre, s az egyik ilyen megoldásnak tekintjük a duális képzést. A duális képzés célja az egyetemek és a munkaadók közötti kooperáció támogatása, amelynek többek között a német szakképzésben vannak hagyományai (Baethge & Wolter, 2015; Göhringer, 2002). Tanulmányunkban kvantitatív és kvalitatív adatokra támaszkodva vizsgáljuk a Magyarországon 2015-ben indult duális képzés és a hagyományos típusú képzésben résztvevő hallgatók tapasztalatit, valamint a munka és a tanulás integrációját, és az eredményességi percepciókat. Arra a kérdésre kerestük a választ, hogy melyik hallgató csoportnak jobb a tanulmányi eredménye, s milyen fejlődést érzékelnek a munkavégzéssel kapcsolatos képességeikben. Eredményeink azt mutatták, hogy a duális hallgatóknak jobbak a tanulmányi eredményeik, mint a hagyományos képzésben lévőké. A kutatás interjús részében fény derült arra, hogy a hallgatók jelentős képességfejlődést érzékelnek, azonban eredményeink további kvantitatív eljárások lebonyolítására hívja fel a figyelmet.Universities worldwide are challenged to prepare their students for expectation of the labor market. Higher education policy reforms are looking for the right solution, our opinion is that a dual education can be one of the best solution. The purpose of dual education is to confirm relationship between higher education institutions and employers, which has traditions in German vocational training (Baethge & Wolter, 2015; Göhringer, 2002). In our research based on quantitative and qualitative data, we examine the experiences of students in dual education and traditional education, the balance between work and study, and the academic performance of students.  During the research, we tried to find the answer to the questions of which student group had better academic achievement and how they thought improvement in their abilities. The results have shown that dual students have better academic performance than those in traditional education. Based on the qualitative part of the research, the students perceive significant development of skills.  Our results encourage us to call for further quantitative procedures.

Celebrating the chameleon educational policy reforms of 2050

2021 ◽  
pp. 147821032110403
Author(s):  
Jennifer Clutterbuck
Keyword(s):  
Educational Policy ◽  
Global Education ◽  
Cost Benefit ◽  
Economic Cost ◽  
Cost Ratio ◽  
Policy Reforms ◽  
25Th Anniversary ◽  
Benefit Cost Ratio ◽  
Educational Engagement ◽  
The Right

The Chameleon Educational Policy Reforms’ (CEPR) 25th anniversary was celebrated at the Global General Assembly with the 2075 Decennial Analysis of Schooling (DecAS) announcement of the attainment of a benefit-cost ratio of >1.0. The attainment of a global positive net value of education is directly linked to the educational reforms established to ‘provide the right access to the right education for all people’ (CEPR, 2050). The Chameleon reforms, informed by The Algorithm, produce policies that instantly adapt to the learning environment and needs of students. Barriers that effect students’ learning are removed, in stark contrast to historic processes that viewed students as the barrier to be removed from learning environments. The case studies presented in this paper are guided by three questions: ‘Where are we now?’, ‘How did we get here?’, and ‘Are we there yet?’. Questioning the ‘here and now’, directs a look back from educational engagement currently governed by the CEPR to key moments and movements in the attainment of past grand policy announcements that no child be left behind to live in poverty. And ‘yet’, leads to critical consideration of the ongoing engagement with The Algorithm. Artifacts detailing the 2045 commencement of annual donations from the richest two percent to fully fund global education remain sealed. The results of the annual donations are, however, publicly available; and some would say exploited (Gerve, 2072). Achieving self-sustainable economic cost-benefit status for the CEPR may release the Donators from those agreements and untether society from the Donators.

Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Edson P. Yarcia ◽  
Jan Michael Alexandre C. Bernadas
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Right To Health ◽  
The Philippines ◽  
The State ◽  
Policy Reforms ◽  
Physical And Mental Health ◽  
Content Type ◽  
The Right

Purpose This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.

scholarly journals Seeking victims’ perspective on remedy: the case of Brasil Verde Farm’s workers

2018 ◽  
Vol 14 (2) ◽  
pp. 334-366
Author(s):  
Regiane Cristina de Oliveira
Keyword(s):  
Oral History ◽  
Slave Labor ◽  
Ongoing Debate ◽  
Standards Of Living ◽  
Right To Participation ◽  
The Right

Abstract The awareness that slavery did not disappear with abolition has brought back discussions about dichotomies and tensions that were left unresolved in the context of the abolition. Remedy for people that were enslaved is among these unresolved issues. Brazil became one of the first countries to recognize the existence of contemporary slavery. However, when workers are rescued by government’s agents from slave labor, remedy measures seem inadequate to guarantee that they will surpass the vulnerabilities that lead them to be exploited in the first place. To understand the challenges preventing the effectiveness of the remedy system, this article relies on the collaboration with workers from Barras (Piauí), that were subjected to slave labor in the Brasil Verde Farm. The workers’ narratives – collected through oral history methodology, during a fieldtrip to Piauí, in March 2016 –, help to overcome the ongoing debate on remedy studies related to the discourse of victims’ “wants and needs”, and reveal that any reparation measure that intend to promote social emancipation has to deal with the absences of the right to participation, security, adequate standards of living, health, adequate housing, education, and also access to land.

State civil disobedience: A republican perspective

2018 ◽  
Vol 14 (3) ◽  
pp. 331-348 ◽  
Author(s):  
Danny Michelsen
Keyword(s):  
International Relations ◽  
Civil Disobedience ◽  
Social Rights ◽  
Constitutional Rights ◽  
State Action ◽  
The Status ◽  
Right To Participation ◽  
Legitimate State ◽  
The Right ◽  
International Trade Laws

The article deals with the question of whether or under which circumstances it is reasonable to interpret some forms of illegal state action as civil disobedience and whether republican political theory can make a difference to the justification of those actions. It is argued that the theory of freedom as non-domination and the interpretation of the right to participation as the “right of rights” in a legitimate state provide a better justificatory scheme for cases in which developing or emerging countries break international trade laws for the purpose of protecting constitutional rights than Rawls’ theory of civil disobedience, because it takes the problem of power asymmetries in international relations and the status of social rights more seriously. However, these republican standards do not offer different practical solutions for a specific type of state disobedience, humanitarian intervention, because transferring the standards of non-domination and the fundamental right to participation to international relations would lead to a “maximalist” interpretation of human rights, which would undermine the function of such interventions as an instrument of last resort against oppressive governments.

Legislating personhood: realising the right to support in exercising legal capacity

2014 ◽  
Vol 10 (1) ◽  
pp. 81-104 ◽  
Author(s):  
Eilionoir Flynn ◽  
Anna Arstein-Kerslake
Keyword(s):  
Decision Making ◽  
Political Philosophy ◽  
United Nations ◽  
People With Disabilities ◽  
Decision Makers ◽  
Legal Capacity ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The Right

AbstractThis paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities, and others). The United Nations Convention on the Rights of Persons with Disabilities (CRPD) challenges this notion by guaranteeing respect for the right to legal capacity for people with disabilities on an equal basis with others and in all areas of life (Article 12). The paper uses the CRPD to argue for a conception of personhood that is divorced from cognition and a corresponding recognition of legal capacity as a universal attribute that all persons possess. Finally, a support model for the exercise of legal capacity is proposed as a possible alternative to the existing models of substituted decision-making that deny legal capacity and impose outside decision-makers.

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