scholarly journals Disability Rights During COVID-19: Emergency Law and Guidelines in England

2020 ◽  
Vol 28 (4) ◽  
pp. 804-816
Author(s):  
Ivanka Antova
Keyword(s):  
Human Rights ◽  
Social Care ◽  
Disability Rights ◽  
Disabled People ◽  
Care Systems

Abstract Disabled people may be disproportionately impacted by the response to the COVID-19 outbreak because of the kinds of countermeasures needed to tackle it, and serious disruptions to the services on which they rely. There are reports from the disability community in England and elsewhere that measures taken to contain the spread of COVID-19 impact negatively on their human rights and experiences. This commentary focuses on the healthcare and social care systems in England and describes how laws and practices have changed under the COVID-19 pandemic, and how these changes affect the rights of disabled people.

A regional disability tribunal for Asia and the Pacific: changing the conversation to a ‘conversation’?

2011 ◽  
Vol 7 (3) ◽  
pp. 319-333 ◽  
Author(s):  
Terry Carney
Keyword(s):  
Human Rights ◽  
Change Strategies ◽  
Disability Rights ◽  
Culturally Appropriate ◽  
Disabled People ◽  
Medium Term ◽  
Policy Choices ◽  
The Pacific ◽  
The Social ◽  
The World

AbstractThis article reviews approaches to the needs of disabled people in Asia and the Pacific, the only part of the world currently lacking regional human rights machinery. The article examines some of the social policy choices involved in prioritising different possible approaches to meeting the needs of disabled people in the region, with a focus on a proposed regional disability rights tribunal (DR-TAP). It is argued that this is not the top priority for immediate action; rather it is contended that capacity building and culturally appropriate attitudinal and other change strategies should instead be pursued over the medium-term horizon.

Sociology of Disability in India: A Victim of Disciplinary Apathy

Social Change ◽  
2017 ◽  
Vol 47 (3) ◽  
pp. 373-386
Author(s):  
Vikash Kumar ◽  
Ketaki Dwivedi
Keyword(s):  
Human Rights ◽  
Science Studies ◽  
Disability Rights ◽  
Disabled People ◽  
Social Scientists ◽  
Policy Makers ◽  
Critical Part ◽  
The Subject ◽  
Rights Issue ◽  
First World

The recognition of disability as a human rights and developmental issue encouraged social scientists to study the phenomenon of disability more scientifically and objectively. Concerns raised by both disabled and non-disabled academicians and disability rights activists in the First World lead to a greater response from academia. The issue of disability thus, over the years, became a critical part of the agenda for public policy and social science studies. A section of western sociologists understood that, by and large, the onus of disability did not lie with affected individuals but rather on society which was responsible for their activity and for imposing restrictions. Unlike western academia, however, the issue of disability has not found space in India. Its absence from the subject matter of Indian sociology has created a gap in the discipline’s understanding, creating the risk to exercise sympathy and charity rather than a sociological sensibility which sees disability as a human rights issue to be dealt with at the level of rehabilitation and social work. The present article seeks to locate disability as an indispensible part of the curricular of the Indian sociology discipline; rejecting the ‘charity’ outlook favoured by sections of academia, policy makers, bureaucracy, activists and the general populace towards disabled people.

Citizen Carer: Carer's Allowance and Conceptualisations of UK Citizenship

2015 ◽  
Vol 44 (3) ◽  
pp. 549-566 ◽  
Author(s):  
BENEDICT E. SINGLETON ◽  
GARY FRY
Keyword(s):  
Financial Support ◽  
Social Care ◽  
Paid Work ◽  
Disabled People ◽  
Welfare Benefits ◽  
Health And Social Care ◽  
Care Systems ◽  
Support Mechanisms ◽  
The Uk ◽  
Benefit System

AbstractCarers make a considerable contribution to the health and social care of sick or disabled people, reducing the strain on health and social care systems. This has been recognised through support mechanisms, including (in the UK) a payment for caring (Carer's Allowance – CA). This article draws upon data from a study of carers receiving CA. Utilising a citizenship perspective, it examines respondents’ perspectives on their role in the UK and shows how CA provides not only financial support but also contributes to normative conceptualisations of citizenship. The data highlight the primacy of paid work in UK citizenship, as well as the stigma associated with receiving welfare benefits. The article concludes by claiming that changes to the UK benefit system need to take into account a ‘recognition’ aspect, reformulating what is considered a worthwhile contribution to society.

Disability and austerity: the perfect storm of attacks on social rights

2019 ◽  
pp. 29-46
Author(s):  
Kirstein Rummery
Keyword(s):  
Social Care ◽  
Disability Rights ◽  
Disabled People ◽  
Budget Cuts ◽  
Gender And Age ◽  
Informal Carers ◽  
Scottish Independence ◽  
The Uk ◽  
The Impact ◽  
Perfect Storm

This chapter will focus on the impact that the post 2008 austerity regime has had on the lives of disabled people in the UK. It will trace the way in which previous hard- fought for rights in social care and welfare that have been developing since 1997 have been stripped back under austerity. It will focus on the stigmatisation of disabled people as ‘shirkers’, welfare conditionality and budget cuts. Looking at social care, direct payments and self-directed support, and the move from Disability Living Allowance to Personal Independence Payments and the impact of other changes in the benefits system, it will examine how these changes have created a ‘perfect storm’ of welfare cutbacks. It will also look at how disability intersects with gender and age to reduce rights and support further, particularly with the reduction of support available to informal carers. Looking forward, this chapter will examine the impact of the 2014 Scottish independence referendum and the devolution of universal credit and DLA to see whether there is likely to be some divergence in disability rights between Scotland the rest of the UK, and speculate about the possible outcomes of Brexit and our withdrawal from the EU.

scholarly journals Destroying Disability: Expanding Application of the Genocide Convention

2021 ◽  
Vol 21 (1) ◽  
pp. 124-152
Author(s):  
Brickelle Bro
Keyword(s):  
Human Rights ◽  
Global Scale ◽  
First Century ◽  
Human Rights Violations ◽  
Genocide Convention ◽  
Disability Rights ◽  
Disabled People ◽  
Group Status ◽  
The World ◽  
Protected Class

Summary Disability is not a protected class under the Genocide Convention, even though disabled people across the world frequently face egregious human rights violations. Many of those practices should be considered genocide because they meet the criteria listed in the definition. In order to amount to genocide, an action must be committed with the intent to destroy a group, in whole or in part, by killing, causing serious harm, inflicting conditions of life calculated to bring about destruction of the group, prevent births, or forcibly transfer children out of the group. Disabled people have been subjected to all these actions. By refusing to grant this group status as a protected class, the international community has allowed acts of genocide to continue into the twenty first century. To prevent future genocides against this group, and advance disability rights on a global scale, disabled people need the protections provided in the Genocide Convention.

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.

India

2018 ◽  
Author(s):  
Shreya Atrey
Keyword(s):  
Human Rights ◽  
Final Analysis ◽  
Case Law ◽  
Social Model ◽  
Disability Rights ◽  
Appellate Courts ◽  
Persons With Disabilities ◽  
High Courts ◽  
The Supreme Court ◽  
Domestic Law

This chapter provides an expository account of Indian appellate courts’ engagement with the Convention on the Rights of Persons with Disabilities (CRPD) and the developing case law on disability rights. As a dualist State, India has ratified but not incorporated the CRPD into its domestic law. This has not deterred frequent references to the CRPD in litigation at the highest level. The appellate courts—High Courts and the Supreme Court—have resorted to the CRPD in diverse ways. The analysis of the small but not insignificant body of case law shows that these instances can be classified into two broad themes of ‘citation’ and ‘interpretation’. In the final analysis, the overall impact of references to the CRPD can be considered largely positive but still modest in the absence of new legislation embracing the human rights framework and social model of the CRPD in India.

Children with Disabilities: Achievements, Prospects, and Challenges Ahead

2020 ◽  
pp. 593-613
Author(s):  
Maya Sabatello ◽  
Mary Frances Layden
Keyword(s):  
Human Rights ◽  
Inclusive Education ◽  
Final Section ◽  
Children With Disabilities ◽  
Vulnerable Groups ◽  
Disability Rights ◽  
The World ◽  
Child Friendly ◽  
State Of Affairs ◽  
Successes And Challenges

Children with disabilities are among the most vulnerable groups in the world—and a children’s rights approach is key for reversing historical wrongs and for promoting an inclusive future. To establish this argument, this chapter explores the state of affairs and legal protections for upholding the rights of children with disabilities. It critically examines major developments in the international framework that pertain to the rights of children with disabilities, and it considers some of the prime achievements—and challenges—that arise in the implementation of a child-friendly disability rights agenda. The chapter then zooms in on two particularly salient issues for children with disabilities, namely, inclusive education and deinstitutionalization, and highlights the successes and challenges ahead. The final section provides some concluding thoughts about the present and the prospect of upholding the human rights of children with disabilities.

scholarly journals Carer Empowerment Is Key to Reduce Dementia Care Inequalities in the Middle East

2021 ◽  
Vol 18 (8) ◽  
pp. 4378
Author(s):  
Syed Fahad Javaid ◽  
Aishah Al-Zahmi ◽  
Munir Abbas
Keyword(s):  
Middle East ◽  
Social Care ◽  
Evidence Based ◽  
Political Factors ◽  
Knowledge Based ◽  
Care And Support ◽  
Health And Social Care ◽  
Care Systems ◽  
Spiritual Perspectives ◽  
Do So

Dementia represents a significant problem in the Middle East. Sociocultural and political factors that shape conceptions of health and care tend to stifle research and the dissemination of knowledge throughout the Middle East. These socio-political challenges concerning engagement with individuals living with dementia and their carers include language barriers, stigmatization, logistical constraints, lack of informal support outside of hospitals, and over-dependence on clinicians for dementia information. There is an urgent need in the Middle East to increase care and support for adults with dementia and their carers, enhance research efforts and improve the dissemination of information related to dementia in the region. One possible way to do so is to begin to promote a knowledge-based culture throughout the Middle East. This can be achieved by aligning traditional deterministic and spiritual perspectives of mental health with more Western, scientific, and evidence-based models. We suggest employing practical, multidimensional approaches to deal with the stated challenges, both at individual and societal levels. Doing so will improve knowledge of dementia and allow health and social care systems in the Middle East to begin to address a growing problem.

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