Disability

Author(s):  
Sonali Shah

Traditionally, disability was considered to be a personal trouble, as opposed to the social issue and public policy concern that it is today. Children with physical and cognitive impairments were shunned away from mainstream society into asylums or workhouses. They were typically discussed and analyzed through a medical lens, pathologized and conceived as a social problem to be regulated, cured, or killed. The emergence of ideologies constructing disabled children and adults as dependent victims unable to contribute to the development of society encouraged the development of charities for disabled people and exploitation of textual and nontextual narratives of the “vulnerable disabled child” to evoke sympathy and induce the public’s financial generosity. The ideological mantra that impairment was the cause of individual and family disadvantage was embedded in the cultural consciousness of society and thus influenced how disabled people (across the lifecourse) “made themselves known” and were made known to others (i.e., as inferior, developmentally delayed, financial and emotional burdens to their family and society). It led to the expansion of the rehabilitation industry and new social policies that focused on altering or incarcerating the impaired body. However this was challenged by the upsurge of the British Disabled People’s Movement in the 1960s and 1970s. Based on the ideas of the Union of Physically Impaired against Segregation, the movement campaigned for social equality and human rights legislation in all spheres of social life and generated a new understanding of disability. With the historic shift in thinking about both childhood and disability as a public issue rather than a personal matter, there has been increasing interest in the social world of both disabled people and all children and young people. The United Nations Convention on the Rights of the Child (particularly Article 12) and the Children Act 1989 initiated subsequent developments with regard to children having a right to be involved in decisions about their lives. The United Nations Convention on the Rights of Persons with Disabilities means that disabled children today are the first generation to grow up in an era of full international civil rights. This bibliography lists works that include the voices and experiences of disabled children and young people in research about their everyday lives, including health and medical treatment, education, and identity. These works demonstrate the richness and diversity of disabled children’s individual lives, thus challenging the traditional conception that disabled children are a homogenous group.

2015 ◽  
Vol 23 (1) ◽  
pp. 52-77 ◽  
Author(s):  
Helen Connolly

The rights and experiences of unaccompanied asylum seeking children living in industrialised nations are rarely seen from the perspectives of children themselves. This paper takes a narrative based approach to report on the lives 29 unaccompanied asylum seeking young people in the uk. The research from which this paper emerges explored the ways in which they thought the rights of the United Nations Convention on the Rights of the Child (1989) were or were not being realised on their behalf. It highlights the significance of making the promises that are held within the uncrc into viable strategies of protection for unaccompanied asylum seeking children as they search for a new place to belong to and a new place that belongs in them.


2020 ◽  
Vol 28 (3) ◽  
pp. 447-470
Author(s):  
Elaine E. Sutherland

Abstract The United Nations Convention on the Rights of the Child sets the gold standard for the rights of children and young people, placing the obligation on States parties to ensure their realisation. Since most children live in families, recognising their rights has implications for other family members, particularly their parents. Article 5 creates a framework for balancing the rights and obligations of the parties – the child, the parents and the state – in this triangular relationship, requiring States parties to respect the right of parents to direct and guide the child in the exercise of Convention rights. Yet other Convention provisions address the parties’ roles, calling into question the need for Article 5. This article sets the scene for those that follow in this issue, exploring what the drafters of the Convention were seeking to achieve in Article 5 and highlighting issues that proved controversial, before focussing on the work of the United Nations Committee on the Rights of the Child to drill down into its content and address its place in the Convention.


2017 ◽  
Vol 46 (1-2) ◽  
pp. 121-133
Author(s):  
Candice Ashley Pollack

The United Nations Convention on the Rights of the Child creates an express obligation on State parties to take into consideration the views and opinions of children and youth in matters that affect them. State parties, children’s rights advocates, scholars, and non-profits have all recognized the importance of the right to participation, and have undertaken many different approaches to ensure the authenticity of the experience for children and young people. The following note details some of the accepted principles for meaningful youth engagement, and reflects back on the experience of the Youth Rapporteur Programme at the 2015 edition of the International Summer Course on the Rights of the Child.


Author(s):  
Keeling Amanda

This chapter examines Article 16 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). That disabled people experience higher rates of exploitation, violence, and abuse is an undisputed fact. Indeed, it is a significant problem globally which requires immediate redress and, on this basis, the framing of the issue as a specific human right with detailed attendant obligations is important. Article 16 calls for an awareness that measures put in place to care for or protect disabled people can be a significant cause of the harm that they experience, and that segregation and isolation from the community allow for abuses of power by those who are supposed to be caring for disabled people. Article 16 also extends state obligations beyond the narrow purview of institutions and into a wider variety of arenas, including family relationships and private homes.


Youth Justice ◽  
2020 ◽  
pp. 147322542094159
Author(s):  
Hannah Smithson ◽  
Paul Gray ◽  
Anna Jones

This article presents the findings from a pioneering project between a university and 10 regional youth justice services. The project resulted in the co-production, with young people, of a framework of principles termed ‘Participatory Youth Practice’ (PYP). The benefits and challenges of producing PYP are discussed. We argue that the framework – grounded in Article 12 of the United Nations Convention on the Rights of the Child and ‘child first, offender second’ principles – is a formative step in the process of creating a youth justice system that respects and acknowledges children and young people’s rights and enables them to meaningfully participate in decision-making processes.


2011 ◽  
Vol 18 (1) ◽  
pp. 77-95
Author(s):  
Avril Mullane ◽  
John Bosco Conama ◽  
Robert Fourie

Background: Deaf individuals are often subject to legislation expressing deafness in medical or disability terms, which neglects sociolinguistic domains. Objective: To evaluate Irish legislation relevant to Deaf individuals and the recognition of Irish Sign Language (ISL), in light of international human rights obligations. Method: The Equal Status Act (2000), The Equality Act (2004), The Disability Act (2005), The Education Act (1998), and The Education for Persons with Special Educational Needs (EPSEN 2004) were evaluated in the light of the Universal Declaration of Human Rights (UDHR, 1948), the United Nations Convention on the Rights of the Child (1990), and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD, 2008), with particular reference to sociolinguistic issues affecting Deaf communities in Ireland. Results and conclusion: The sociolinguistic rights of Irish Deaf communities are not explicitly safeguarded within current Irish law because lawgivers have failed to adequately consult these communities when constructing legislation.


2016 ◽  
Vol 20 (4) ◽  
pp. 494-502 ◽  
Author(s):  
Imelda Coyne ◽  
Inger Hallström ◽  
Maja Söderbäck

In this article, we argue for a conceptual move from family-centred care (FCC) to a child-centred care approach and the implications for clinical nursing practice. Firstly, we argue that the parents and professional dominance constructs an asymmetric relationship towards the child, which may take away the focus from the child; Secondly, we need to renew efforts to promote the fundamental principles of protection, promotion and participation rights for children and young people according to the United Nations Convention on the Rights of the Child declaration and thirdly, we need to strengthen the child’s perspective and to view the child as an agent representing own experiences and wishes to be respected and negotiated.


2018 ◽  
Vol 17 (1) ◽  
pp. 105-124 ◽  
Author(s):  
Salomé Sola-Morales ◽  
Nicole Alejandra Campos Garrido ◽  

(analytical): The objective of this research has been to analyze the Chilean state’s discourse on the protection of children and young people’s rights. We used quantitative and qualitative methodologies to carry out this research that were focused on an analysis of the discourse of the Chilean state. The main finding is that young people under the age of 18 play secondary roles in government policies and are not considered social actors in the Chilean state’s discourse on children and young people. In addition, they don’t or can’t express opinions and they are discriminated against when they form part of a precarious social context or they have broken the law. In conclusion, the study affirms that the discourse of the Chilean state goes against the principles of the United Nations Convention on the Rights of the Child, signed on the 20th of November 1990.


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