الحماية الدولية لحق الأشخاص ذوي الإعاقة في الصحة والرعاية الصحية في إطار الأمم المتحدة = International Protection of the Right Persons with Disabilities to Health and Health Care within the Framework of the United Nations

Author(s):  
بوترعة ، شمامة
2018 ◽  
Vol 28 (6) ◽  
pp. 2057-2061
Author(s):  
Momchil Mavrov

The right to equal access to health care is a fundamental irrevocable right for every person which should be guaranteed in every legal system. It is clear from the established international standards in the field of health that the right of access to healthcare guarantees universal access on an equal basis to really available quality and acceptable health services and health facilities. According to the World Health Organization, access to health services also includes health promotion and disease prevention. In regard to people with disabilities and disadvantaged people, ensuring effective access to healthcare is extremely important, in mind their vulnerability and increased need for moral, social and financial support. The international community has always paid serious attention to the protection of the fundamental rights and freedoms of people with disabilities, especially their health care rights. Evidence for this positive policy is the many legal acts adopted within the United Nations system and within the European Union.The most important of these acts are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, all adopted by the United Nations, as well as the Charter of Fundamental Rights of the European Union, the European Disability Strategy and other European acts. The listed legal instruments proclaim the right of every person to the highest attainable standard of health and as an element of it is protected and the right to equal access to quality health care for all persons.At the same time with creating an appropriate legal framework to protect the health rights of people with disabilities, specialized bodies have been set up within the United Nations system and within the European Union to monitor and control the implementation of international treaties. This approach of the international community deserves support, as only the introduction of comprehensive and adequate measures could provide for a sufficiently high level of protection of the rights of persons with disabilities, who as full citizens of society should have equal and appropriate conditions for full exercising their subjective health rights, without discrimination on the basis of their disability.


Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart

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.


Author(s):  
Fennell Phil

This chapter examines Article 15 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which prohibits torture and cruel, inhuman, or degrading treatment or punishment (CIDTP), irrespective of the circumstances and the victim’s behaviour. Article 15 rights overlap with rights under other CRPD articles, including the right to legal capacity on an equal basis with others under Article 12; the right to liberty and security under Article 14; the right to protection against violence, exploitation and abuse under Article 16; the right to physical and mental integrity under Article 17 and; the right to health care on an equal basis with others and based on informed consent under Article 25.


Author(s):  
Nizar Smitha

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.


2018 ◽  
Vol 63 (12) ◽  
pp. 809-812
Author(s):  
Mathieu Dufour ◽  
Thomas Hastings ◽  
Richard O’Reilly

The United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD) in 2006. When Canada ratified the CRPD, it reserved the right to continue using substitute decision making schemes even if the CRPD was ‘interpreted as requiring their elimination’. This was a prescient decision because the CRPD Committee, which is tasked with overseeing the interpretation and implementation of the CRPD, subsequently opined that all legislation supporting substitute decision making schemes contravene the CRPD and must be revoked. The CRPD Committee insists that every person can make decisions with sufficient support and that if a person lacks capacity to make a decision, we must rely on their ‘will and preferences’. Many international legal scholars have called this interpretation unrealistic. We agree and, in this article, describe how this unrealistic approach would result in extensive harm and suffering for people with severe cognitive or psychotic disorders. The reader should also be aware that the CRPD Committee also calls for the elimination of all mental health acts and the United Nations Commissioner for Human Rights for the abandonment of the not criminally responsible (NCR) defence.


Author(s):  
Corsi Jessica Lynn

This chapter examines Article 5 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the concepts of equality and non-discrimination. It explores the myriad advances embodied in Article 5 and analyses the legal import of each paragraph. It also considers the potential challenges to implementing Article 5, including clashes between the CRPD Committee’s interpretation and that of states parties, and conflicts between equality rights, such as the right to abortion and arguments that non-discrimination under the CRPD requires bans on aborting disabled foetuses. What emerges is a picture of equality and non-discrimination born of ‘a three-dimensional view of the reality of life as a person with a disability’.


2018 ◽  
Vol 7 (2) ◽  
pp. 199-224 ◽  
Author(s):  
Andrea Broderick

The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.


Author(s):  
P.T.T. Nwachukwu ◽  
◽  
L. Asuelime

This paper is aimed at exploring the role of the United Nations Disability Inclusion Strategy as a rights-based concept in understanding the recent COVID-19 outbreak; and how Cultural-Safety Capability Information, visible within the DSM-5, is linked with the achievable recovery and inclusion for persons with disabilities and post-COVID-19 pandemic for health and social care practitioners. There are two measured, actionable targets from the Disability Inclusion Strategy that are geared towards achievable standards of health for persons with disabilities, which are the identifying and eliminating of obstacles and barriers to accessibility in healthcare facilities and the training of healthcare personnel on disability inclusion and improving service delivery for persons with disabilities. The concepts of recovery and inclusion are discussed within a rights-based, and Cultural-Safety Capability Information (DSM-5) approaches in order to curb the COVID-19 info-demic (Information epidemic). This paper has recommendations for the United Nations Disability Inclusion Strategy as a rights-based idea and the re-educating and re-orientation of both the right-holders, persons with disabilities, for example, and the duty-bearers. This paper also discusses the health and social care practitioners and their realisation of health care and recovery, curbing inequalities in accessing health care, education, and easing participation for persons with disabilities during the COVID-19 pandemic.


2019 ◽  
Vol 11 (1) ◽  
pp. 194
Author(s):  
Henok Ashagrey Kremte

Article 13 of the United Nations Convention on the Rights of Persons with Disabilities guarantees access to justice in the context of disability as a human right and puts concrete and binding duties on state parties. It lays down a duty to safeguard effective access to justice for persons with disabilities on an equal basis with others. Nevertheless, persons with disabilities are extremely susceptible to marginalization and discrimination in Africa and are often denied access to justice. The situation in the Kingdom of Lesotho is not an exception to this reality. The research thus aims at unveiling challenges in the implementation of Article 13 of the United Nations Convention on the Rights of Persons with Disabilities on the right to access justice in the Kingdom of Lesotho and proposes possible recommendations. To this effect, the country’s policies and legislative framework were reviewed to determine the extent to which the right to access justice of persons with disabilities is met and aligned with the United Nations Convention on the Rights of Persons with Disabilities. Factors that hinder persons with disabilities from accessing justice mechanisms in the country were also scrutinized, and the research concluded that persons with disabilities face difficulties in accessing justice because of social, legal and structural obstacles, and recommended legislative, administrative, judicial and other measures. In reaching this conclusion, the research adopted four methodologies of data collection: interview, on-site visit, focus group discussions and desk review research. The research used a human-rights based approach to disability issues so as to frame the enquiry, design the tools for analysis, and made practical findings and recommendations.


Sign in / Sign up

Export Citation Format

Share Document