scholarly journals On the obligation to make reasonable accommodation for an employee with a disability

2021 ◽  
pp. 203195252110274
Author(s):  
Katja Karjalainen ◽  
Marjo Ylhäinen
Keyword(s):  
Human Rights ◽  
Social Practice ◽  
Social Inclusion ◽  
Working Life ◽  
Contract Law ◽  
Theoretical Framework ◽  
Reasonable Accommodation ◽  
Persons With Disabilities ◽  
Contractual Relationship ◽  
The Right

The UN Convention on the Rights of Persons with Disabilities (UNCRPD) features interesting labour law related aspects. The goals of this article are to reconcile horizontal human rights and contract law in the context of reasonable accommodation in working life and to establish guidelines by which to assess the obligation to make accommodation, for example in relation to the EU Employment Equality Directive. This article utilises the framework of just social practice, which makes reference to welfarism in Nordic contract law. Just social practice creates a theoretical framework in which to investigate the rights and obligations attached to reasonable accommodation in working life, because it may be argued that its basic premises correspond to the ultimate justification of the accommodation rights provided for by the UNCRPD: the idea of social inclusion. The first part of the article seeks to identify common features between the UNCRPD and contract law. It sketches the theoretical framework of just social practice, in which contract law and human rights coincide within the context of employment. The second part of the article elaborates what the process of reasonable accommodation within the framework of just social practice constitutes and introduces specific steps that are followed when the right to accommodation is in question. The article also identifies the factors that have an influence on reasonableness evaluations as being either internal or external to the contractual relationship and exemplifies how contract law principles are to be applied when assessing reasonableness. The article argues that reconciliation of the goals of private law and human rights within the framework of just social practice makes it possible to argue that contract law principles can function as a tool for social inclusion.

scholarly journals The Right To Work in Article 27 Of The Un-Convention On The Rights of Persons With Disabilities: Towards An Inclusive Employment

2019 ◽  
Vol 9 (2) ◽  
pp. 235-252
Author(s):  
Yeni Rosdianti
Keyword(s):  
Human Rights ◽  
Social Inclusion ◽  
Modern Human ◽  
Structural Barriers ◽  
United Nation Convention ◽  
Persons With Disabilities ◽  
Right To Work ◽  
Human Rights Norms ◽  
The Right ◽  
Inclusive Society

Work is essential for every human being, not only in economic meaning, but also in the sense of dignity. It guarantees to sustain life and also a tool of inclusion as a vital social relationship in a society. Dignity outlines the principle of equality to form an inclusive society. Thereunto, a social inclusion is an objective whereby disadvantaged groups are fully respected yet enjoying their maximum equal participation in the society. Social inclusion is the ultimate goal of disability movements. In this respect, human rights play its crucial roles to acknowledge the rights of persons with disabilities which centered on an equality and non-discrimination principles. United Nation Convention on the Rights of Persons with Disabilities (hereinafter CRPD), that has been ratified by Indonesian Government in 2011, draws the enormous attention specifically on the protection of the persons with disabilities within a broad application of general human rights norms. This treaty is considered as a modern human rights model of disability. With respect to work and employment for persons with disability, article 27 elucidates a development of the right to work of persons with disabilities to aim an inclusive employment. For this reasons, CRPD acknowledges the positive measures to be applied as the vigorous means in removing structural barriers to date. Abstrak“Bekerja” memegang peranan penting dalam kehidupan umat manusia, tidak hanya dalam arti ekonomi namun juga bermakna pemuliaan martabat manusia. Bekerja, selain dapat  menjamin penghidupan, juga merupakan alat pencapaian inklusi dan partisipasi setara dalam relasi sosial. Martabat manusia menjadi landasan prinsip kesetaraan untuk membentuk masyarakat inklusif dimana kelompok rentan secara penuh dihormati hak-haknya hingga dapat berpartisipasi secara maksimal di tengah-tengah masyarakat. Hak Asasi Manusia (HAM) memegang peranan penting dalam hal ini, khususnya terkait dengan pemajuan hak-hak penyandang disabilitas dalam kerangka prinsip-prinsip kesetaraan dan non-diskriminasi. Konvensi Persatuan Bangsa-Bangsa tentang Hak-hak Penyandang Disabilitas (Atau selanjutnya disebut CRPD) yang telah diratifikasi  oleh Pemerintah Indonesia pada tahun 2011, meletakkan dasar yang kokoh bagi perlindungan hak-hak penyandang disabilitas dalam penerapan kaidah-kaidah dasar HAM. Konvensi ini dianggap sebagai model disabilitas terkini yang mengacu pada pendekatan HAM. Terkait dengan hak atas pekerjaan khususnya untuk penyandang disabilitas, pasal 27 CRPD meletakkannya dalam rangka mencapai dunia kerja yang inklusif dan setara. Untuk itu, CRPD mendorong langkah-langkah positif (positive measures) sebagai sarana menyingkirkan hambatan struktural yang dihadapi oleh penyandang disabilitas selama ini.

scholarly journals RIGHT TO INCLUSIVE EDUCATION FOR CHILDREN WITH DISABILITIES AT STAKE IN LITHUANIA /KLAUSIMAI IR IŠŠŪKIAI DĖL NEGALIĄ TURINČIŲ VAIKŲ TEISĖS MOKYTIS ĮTRAUKAUS UGDYMO SĄLYGOMIS LIETUVOJE

2020 ◽  
Vol 1 (41) ◽  
pp. 10
Author(s):  
Jonas Ruškus
Keyword(s):  
Human Rights ◽  
Inclusive Education ◽  
Children With Disabilities ◽  
Medical Model ◽  
Reasonable Accommodation ◽  
State Party ◽  
Persons With Disabilities ◽  
Educational Discourse ◽  
The Right ◽  
Human Rights Standards

<p>Since 2010 Lithuania is a State Party of the Convention on the Rights of Persons with Disabilities of the United Nations. The development of education policy in Lithuania as concerns the right to inclusive education for children with disabilities is analysed as well as the factual trends of education of children with disabilities in segregated and regular educational settings. Author explores the assumption that intersection of the patterns of medical model of and neoliberal mindset in educational discourse impedes the implementation of human rights standards, reasonable accommodation particularly.</p><p>Nuo 2010 m. Lietuva yra Jungtinių Tautų Neįgaliųjų teisių konvencijos šalis narė. Analizuojama švietimo politikos plėtra Lietuvoje, atsižvelgiant į neįgalių vaikų teisę į įtraukųjį ugdymą, taip pat faktinės neįgalių vaikų ugdymo tendencijos segregacinėje ir įprastoje ugdymo aplinkoje. Autorius nagrinėja prielaidą, kad medicininio modelio ir neoliberalios mąstysenos struktūrų susikirtimas edukaciniame diskurse trukdo įgyvendinti žmogaus teisių standartus, ypač tinkamą sąlygų pritaikymą.</p>

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

scholarly journals Default and Termination of Contract: A comparative Study between Indonesia and The United Kingdom

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 469
Author(s):  
Akhmad Budi Cahyono
Keyword(s):  
United Kingdom ◽  
Comparative Study ◽  
Comparative Studies ◽  
Common Law ◽  
Contract Law ◽  
Legal Rules ◽  
Contractual Relationship ◽  
The United Kingdom ◽  
Injured Party ◽  
The Right

Default is something that often occurs in contractual relationship. It can be not perform its obligations in the contract in all or in a part, performing its obligations but not in accordance with was agreed, performing its obligations but not in time, and performing something that is prohibited in the contract. Due to default, the injured party may claim compensation and / or terminate the contract. The problem is, the Indonesian Civil Code does not specify how a contract can be terminated in case of default. Therefore, it is necessary to conduct a comparative study in other countries in terms of how a default can terminate the contract. The British which adopt common law tradition where jurisprudence is the main source of law is the right choice for conducting comparative studies. Countries with common law traditions have detailed legal rules based on jurisprudence. As in Indonesia, according to British contract law, defaults also can terminate the contract. However, unlike in Indonesia, according to British contract law, termination due to a default is only allowed in the event that the default is very serious. The very serious forms of default will be elaborated and become a part of the discussion in this paper.

scholarly journals Indonesian Government Policy To Provide Employment Opportunities For Persons With Disabilities

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Rachmadani Fatria Agung Gumelar ◽  
Martinus Sardi
Keyword(s):  
Human Rights ◽  
Normative Study ◽  
Role Of Government ◽  
Persons With Disabilities ◽  
Library Research ◽  
Government Role ◽  
Role Based ◽  
Specific Regulation ◽  
The Right

Persons with disabilities still find it difficult to find and obtain work because they are considered less productive and incapable to work. However, every human being has human rights including the right to obtain work and to persons with disabilities. This study aims to understand the Indonesian government's role based on human rights instruments' concern for work opportunities. The research used a normative study with a descriptive qualitative analysis which is focused on library research and analysis of the compilation of written data. The author found that the role of government is through policies and realization on the program where the direction not only supervision within sanction to the employer but also develop quality and placement of disabilities workforce, open special labor market and promotion to all stakeholder for providing recruitment. Nonetheless, the national government role in the realization of obligation from the human rights legal instruments both international or national still not comprehensively comply with the provision because the specific regulation relates to employment still have discrimination provision, absence of government technical regulation about disabilities employment, lack of regulation and policy measures to encourage private sectors for hire persons with disabilities.

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.

Chronic Illness

2020 ◽  
pp. 285-306
Author(s):  
Oliver Lewis ◽  
Soumitra Pathare
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Independent Living ◽  
People With Disabilities ◽  
Well Being ◽  
Persons With Disabilities ◽  
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.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
The Right

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

2018 ◽  
Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Personal Mobility ◽  
Cultural Activities ◽  
European Court ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

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.

Sign in / Sign up

Export Citation Format

Share Document