Difficulties with the Meaning of Equality, Non-Discrimination and Participation in the CRPD, and their Application to the Abolition with Support Model

2021 ◽  
pp. 140-166
Author(s):  
Kay Wilson
Keyword(s):  
Good Reason ◽  
Disabled Persons ◽  
Good Faith ◽  
Health Law ◽  
Persons With Disabilities ◽  
The Third ◽  
Intersecting Identities ◽  
Right To Participation ◽  
The Difference ◽  
The Right

Chapter 7 considers the difficulties with the meaning of equality and non-discrimination in the CRPD and what this means for the call for the abolition of mental health law. These difficulties include determining the equality of what, equality with respect to whom and finding an appropriate comparator, determining whether involuntary detention and treatment is a benefit or detriment, and how to address the difference and sameness of persons with mental impairments. Specifically, whether the difference between persons with and without mental impairments is real and whether supported decision-making is sufficient to make persons with mental impairments equal to those without disabilities. It also introduces and discusses the third limb of the interpretive compass, the right to participation. It argues that the right to participation is a right for persons with disabilities and their organizations to be consulted with in good faith about policy and individual health decisions and for their views to be taken seriously. It does not mean that States Parties have to do everything persons with disabilities want, nor is it a power of veto. That said, States Parties should probably implement the wishes of persons with disabilities unless there is a good reason not to. Even so, the right to participation raises a number of difficulties in determining whether disabled persons organizations are sufficiently representative of their constituents and all persons with disabilities generally, including those with intersecting identities.

Motivazioni dell'agire dei medici che hanno applicato l'eutanasia nel regime nazi-fascista

2009 ◽  
pp. 87-101
Author(s):  
Michael von Cranach
Keyword(s):  
Medical Profession ◽  
Third Reich ◽  
Disabled Persons ◽  
The Third ◽  
The Third Reich ◽  
The Right ◽  
Keywords Eugenics

- Michael von Cranach in this paper reports the killing of hundreds of thousands of disabled persons, mentally or physically ill, slaughtered in gas chambers or given lethal drugs, in the Third Reich during the Nazi period. The genocide of helpless and ailing persons (in addition to that of Jews, Gypsies and homosexuals) put into operation under the principles of eugenics, defence and health of the Arian race. In reality, the genocide represented a sadistic exercise of power, that alleged itself the right to decide on citizens' life or death. Many physicians connived with the regime and were consequently considered the progressive élite of the medical profession. Keywords: eugenics, defence of the race, biopolitics, exercise of power, scientific and progressive medicine under the Third Reich.

Mental Health Law

2021 ◽  
Author(s):  
Kay Wilson
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Health Law ◽  
Conceptual Basis ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Mental Health Law ◽  
Abolitionist Movement ◽  
Treaty Interpretation ◽  
The Right

The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (‘CRPD’) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into ‘camps’. Mental Health Law: Abolish or Reform? aims to cut through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts—dignity (including autonomy), equality, and participation—to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of both mental health law and the abolitionist movement including its goals and how and why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the ‘interpretive compass’, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main current abolition and reform options: Abolition with Support, Mental Capacity with Support, and Support Except Where There is Harm. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize of all of their CRPD rights.

Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan

2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir
Keyword(s):  
Human Rights ◽  
Minority Group ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
Federal Constitution ◽  
Norms And Values ◽  
The Disabled ◽  
The Government ◽  
The Right

Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.

scholarly journals Familiarity Changes as a Function of Perceptual Shifts

2010 ◽  
Vol 13 (2) ◽  
pp. 518-524 ◽  
Author(s):  
Salvador Algarabel ◽  
Alfonso Pitarque
Keyword(s):  
Forced Choice ◽  
Choice Test ◽  
New Words ◽  
The Third ◽  
Study Test ◽  
Forced Choice Task ◽  
The Difference ◽  
The Right ◽  
Better Than ◽  
Additional Phase

This experiment compares the yes-no and forced recognition tests as methods of measuring familiarity. Participants faced a phase of 3 study-test recognition trials in which they studied words using all the letters of the alphabet (overlapping condition, O), and an additional phase in which targets and lures did not share any letters (non-overlapping condition, NO). Finally, subjects performed a forced-choice task in which they had to choose one of two new words, each from one of the subsets (Parkin et al., 2001). Results in the NO condition were better than in the O condition in the yes-no recognition test, while the forced-choice rate was significantly higher than .50, showing their sensitivity to familiarity. When the letter set of the words for study in the third list of the NO condition was switched, the difference between NO and O conditions disappeared in yes-no test, while the force-choice rate was not higher than .50. We conclude that both the yes-no test and the forced-choice test are valid and equivalent measures of familiarity under the right conditions.

scholarly journals Morphometric Characteristics of the Conal Coronary Artery

2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Ivan Stankovic ◽  
Milica Jesic
Keyword(s):  
Coronary Artery ◽  
Insufficient Evidence ◽  
Morphometric Characteristics ◽  
Surgical Revascularization ◽  
The Third ◽  
Per Se ◽  
The Difference ◽  
The Right ◽  
Morphometric Characterization

The right conal (conus) artery either presents as the first ventricular branch of the right coronary artery (RCA) or arises directly from the aorta, in which case, it is considered the third coronary artery (TCA). Morphometric characterization of this artery is important for interpretation of coronarography, surgical revascularization of myocardium and embryological interpretations. Eight out of 23 hearts presented the TCA (34.8%). The difference in the frequency of the TCA between the sexes was statistically insignificant (p>0.05). In all the specimens, the ostium of the TCA was to the left of and superior to the ostium of the RCA. The supernumerary (third) coronary artery formed Vieussens' arterial ring in 50% of the cases with the TCA, while the conal branch of the RCA formed the anastomosis with the conal branch at a higher frequency (63% of the cases). The ratio of external diameters of the RCA and TCA was 2.84 ±0.78, while the ratio of external diameters of the RCA and its conal branch was 2.61±0.74. The difference in the ratios was statistically insignificant (p>0.05). There were no findings indicating that the presence of the TCA could be detrimental or advantageous when compared to the classical coronary scheme (right and left coronary arteries originating from the aortic sinuses). Based solely on the TCA's morphological features, there is insufficient evidence to suggest that the presence of the TCA per se, is associated with a known clinical or disease state.

scholarly journals کتاب " القطوف الدانیہ فی تحقیق الجماعۃ الثانیہ "کی تلخیص و مستنبطات اور جماعتِ ثانیہ میں کراہتِ تحریم کا تحقیقی جائزہ

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 328-337
Author(s):  
Dr. Qaisar Bilal Khattak ◽  
Mr. Nasir Mehmood Khattak ◽  
Dr Sadiq Ali Khattak
Keyword(s):  
Deep Understanding ◽  
Classical Literature ◽  
Common People ◽  
Public Places ◽  
The Third ◽  
The Difference ◽  
The Right ◽  
Clear Line ◽  
Made In

The fact that always be considered is the contemplation of internal feelings of every practiced Muslim to please Almighty Allah. It occurs via observing and following His commands and orders through prescribed manner of the Messenger Muhammad Peace Be upon Him, but sometimes it becomes so complex and multipart to identify the right step of actions, streamline with shariah standards even difficult to recognize the difference between preferred and Non-preferred, lawful and prohibited. So among these situations, second congregational prayed in one masjid, an issue faced by common people. The classical literature is the witness of unanimous ruling in two situations of second congregational prayer; i.e. congregation (Jama’at) in the Masjid and congregation in public places. The third situation requires little deep understanding to know the actual ruling of shariah, which is congregation (Jama’at) in the same Masjid but appointed Imam performs original Jama’at. Different scholars have presented different opinions. This paper emphasis on the third situation where the detailed discussion has been made in the light of the mentioned book in the title to draw the neat and clear line of action for the practiced Muslim along with the provision of different narrations and Shariah rulings in order to interpret the reality and to avoid all sort of confusions.

Art.30 Participation in Cultural Life, Recreation, Leisure, and Sport

2018 ◽  
Author(s):  
Bantekas Ilias ◽  
Chow Pok Yin Stephenson ◽  
Karapapa Stavroula ◽  
Polymenopoulou Eleni
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
United Nations ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The Right ◽  
Right Of Access

This chapter examines Article 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article covers many, sometimes disparate, issues, although the underlying entitlements are accessibility and availability. One of the cornerstones of Article 30 is access to culture, one of the least studied human rights and its content remains contested. Culture is subject to several limitations, such as censorship, freedom of expression constraints, sensitivities towards religions, and hate speech. Do these limitations apply to the right of access to culture of disabled persons in the same way as they do to their non-disabled counterparts? Paragraph 3 is perhaps the most contentious of all. It suggests that existing intellectual property laws should be construed in such a way as to avoid imposing any unreasonable or discriminatory barriers against persons with disabilities to the enjoyment of their right of access to cultural materials.

scholarly journals Mental health, human rights and social inclusion for adults and children

2016 ◽  
Vol 20 (2) ◽  
pp. 67-73
Author(s):  
Sue Holttum
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Social Inclusion ◽  
National Study ◽  
Persons With Disabilities ◽  
Content Type ◽  
The Third ◽  
Rights Of The Child ◽  
Adults And Children ◽  
The Difference

Purpose – The purpose of this paper is to consider three recent papers relating to human rights and applicable to adults or children given mental health diagnoses. Design/methodology/approach – The first paper discussed how to measure progress in different countries in their policy changes to abide by the UN Convention on rights of persons with disabilities, and discussed how all relevant groups could be involved. The second paper considered the problem of children’s rights being eroded by overuse of the mental health diagnosis of attention deficit hyperactivity disorder (ADHD) when they are restless. The third paper reported on an evaluation of how well advocacy services are enabling people who are sectioned to have a say in their care. Findings – When assessing how well countries are doing in ensuring the rights of people with disabilities, the first paper’s authors concluded that all groups must participate in the evaluation, even though there are many different agendas. The second paper reported on how professionals and parents could come to a shared understanding of how children might be wrongly given a diagnosis of ADHD and jointly suggested some solutions. The third paper illustrated how important advocacy is, and the difference it can make to the lives of people who are sectioned. Originality/value – The first paper’s authors are engaged in ground-breaking research to assess whether disabled people’s rights under the UN Convention are being honoured. The second paper raised vital questions about the misuse of diagnosis, contravening the UN Convention on the rights of the child, and illustrated how parents and professionals can come together in support of these rights. The third paper reported on the first systematic national study on the implementation of advocacy services to defend the rights of people who are sectioned to have a say in their care.

Corinna

1970 ◽  
Vol 20 (2) ◽  
pp. 277-287 ◽  
Author(s):  
M. L. West
Keyword(s):  
Good Reason ◽  
Fourth Century ◽  
Fifth Century ◽  
Second Century ◽  
Third Century ◽  
The Third ◽  
The Difference ◽  
Made In

In the controversy over the date of Corinna, the following points may be taken as agreed:1. An edition was made in Boeotia about the end of the third or beginning of the second century B.C.2. The texts of Corinna current in the late Hellenistic and Roman periods were all descended from that Boeotian edition.3. Before its dissemination, Corinna was unknown in Greece at large. If she wrote at an earlier period, she must have been remembered only locally.The difference between Boeotian spelling of the fifth century and that of the fourth is very great: but the difference in this respect between the mid-fourth century and the late third or early second is comparatively slight. It is therefore tenable that whereas there would be a good reason for the re-spelling of fifth-century Boeotian into the later convention of any period, there would be no obvious or adequate reason for re-spelling Boeotian of the fourth century into the orthography of the third, or that of the third into that of the second. Even those features of fourth-century spelling which have ceased to preponderate are by no means unknown or even uncommon at the end of the third century.

scholarly journals The Test of Implicit Attitudes Towards Persons with Visual, Intellectual and Motor Disabilities (IAT-VIMD): A Preliminary Study

2021 ◽  
Vol Online First ◽  
Author(s):  
Paweł Kurtek
Keyword(s):  
External Validity ◽  
Implicit Attitudes ◽  
Dominant Role ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
Motor Disabilities ◽  
Explicit Attitudes ◽  
Preliminary Study ◽  
Visual Motor ◽  
The Difference

The implicit attitudes, compared to explicit attitudes moderated by social pressure, play a dominant role in everyday interactions with disabled persons. Therefore, the purpose of the paper is to present the development of Implicit Attitudes Test toward Persons with Visual, Intellectual, and Motor Disabilities (IAT-VIMD). It has been developed to compare the favorization vs devaluation tendency towards non-disabled and disabled adults. We applied photographs showing people in everyday situations to assure spontaneous reactions of the respondents. Ninety-two respondents aged 19–22 years took part in the research. The procedure is based on the IAT (Implicit Association Test) index, developed by Greenwald, McGhee, & Schwartz (1998), i.e. the difference in response time to affective compatible vs non-compatible signals. Statistical analysis confirmed the content validity based on the Competent Judges’ agreement as regards the type of disability, the level of visibility and the level of overall life activity of the object. The external validity was verified with The Conditional Respect for Persons with Disabilities Questionnaire (CRPD-Q) by Kurtek (2018). Next the absolute stability of the test was proved. The presented IAT-VIMD meets the psychometric criteria of content and theoretical validity as well as reliability, and has the potential to become a useful measure of implicit attitudes towards adults with visual, motor and intellectual disabilities in various social groups. The discussion points to the test’s limitations and recommendations for future development and use. In particular, a need for further research on the external validity of the test has been emphasized.

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