scholarly journals Kosningar, lýðræði og fatlað fólk

2017 ◽  
Vol 13 (1) ◽  
pp. 83 ◽  
Author(s):  
Rannveig Traustadóttir ◽  
James G. Rice

The right to vote is a fundamental right of citizenship in democratic nations, and participation in elections in one of the most important acts undertaken by citizens. Although these rights are guaranteed to all citizens, international research shows that disabled people are widely excluded from participation in elections. Disabled people are less likely to vote than non-disabled people and often encounter various obstacles when they try to participate in elections. This article discusses the voting participation of disabled people in consideration of the international research. The main barriers that disabled people encounter in the voting process will first be outlined. This will be followed by questions concerning the effects these obstacles produce, not only for disabled citizens, but what this means overall for the health of democracy and democratic institutions when a portion of the citizenry encounter serious obstacles concerning their basic civil rights. Icelandic research in this field is extremely limited and no systematic statistical data exists on the participation of disabled people in elections, or politics in general, in this country. Based on data drawn from sources from two of the largest disabled people’s organization in the country, the focus here is on the experiences, circumstances and opportunities for disabled people to participate in elections in the country. The findings draw attention to the obligations of the state to promote and ensure the participation of disabled people in politics and public life in light of the recent ratification in Iceland of the UN Convention on the Rights of Persons with Disabilities (CRPD).

2017 ◽  
Vol 13 (1) ◽  
pp. 83
Author(s):  
Rannveig Traustadóttir ◽  
James G. Rice

The right to vote is a fundamental right of citizenship in democratic nations, and participation in elections in one of the most important acts undertaken by citizens. Although these rights are guaranteed to all citizens, international research shows that disabled people are widely excluded from participation in elections. Disabled people are less likely to vote than non-disabled people and often encounter various obstacles when they try to participate in elections. This article discusses the voting participation of disabled people in consideration of the international research. The main barriers that disabled people encounter in the voting process will first be outlined. This will be followed by questions concerning the effects these obstacles produce, not only for disabled citizens, but what this means overall for the health of democracy and democratic institutions when a portion of the citizenry encounter serious obstacles concerning their basic civil rights. Icelandic research in this field is extremely limited and no systematic statistical data exists on the participation of disabled people in elections, or politics in general, in this country. Based on data drawn from sources from two of the largest disabled people’s organization in the country, the focus here is on the experiences, circumstances and opportunities for disabled people to participate in elections in the country. The findings draw attention to the obligations of the state to promote and ensure the participation of disabled people in politics and public life in light of the recent ratification in Iceland of the UN Convention on the Rights of Persons with Disabilities (CRPD).


Author(s):  
T. I. Otcheskaya

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.


2016 ◽  
Vol 12 (2) ◽  
pp. 443
Author(s):  
Freydís Jóna Freysteinsdóttir ◽  
Gylfi Jónsson

The aim of this study was to examine how the transfer of the affairs of disabled people from the state to the municipalities had proceeded. The process of the transfer was examined and then the largest municipality, Reykjavík, was chosen for a closer examination on the policy and implementation concerning services for disabled people. A qualitative study was conducted in the autumn of 2012. Eight interviews were taken with key professionals who had been involved directly in the transfer or worked on the affairs of disabled people before or after the transfer. A specialist in the affairs of disabled people was interviewed at the Ministry of Welfare and at the Association of Local Authorities in Iceland. Furthermore, a key professional was interviewed in each of the six municipal services in Reykjavík. The interviewees believed that having decided on and gone through with the transfer was the right thing to do. They believed that services closer to the people who need it would be a better choice. The person that uses the services only needs to go to one place in order to receive it, instead of two as before. However, the interviewees had not seen a considerable improvement in the services as expected. A considerable additional funds are needed for the affair. The transition from the state to the municipalities was not sufficiently prepared. The affairs of disabled people requires a lot of interdisciplinary work as well, which the interviewees thought was proceeding well.


2020 ◽  
pp. 12-23
Author(s):  
Y. A. Kulikova ◽  
A. V. Kornienko ◽  
G. V. Jukevich

The article deals with issues related to the problem of vocational rehabilitation of disabled people. The competence of the Russian Federation in the fi eld of rehabilitation of disabled persons in the person of its Federal authorities and management, subjects of the Russian Federation and local self-government bodies is specifi ed. The content of such concepts as "services for professional rehabilitation of disabled people" in accordance with the state standard GOST R 53873-2010 Rehabilitation of disabled people is disclosed. Professional rehabilitation services for the disabled; "professional rehabilitation program" and "options for professional rehabilitation". Despite the fact that professional rehabilitation and adaptation in the workplace is an integral part of the state policy in the fi eld of social protection of persons with disabilities, there are many unresolved problems and diffi culties in this area.


2019 ◽  
Vol 16 (2) ◽  
pp. 274
Author(s):  
Muwaffiq Jufri ◽  
Mukhlish Mukhlish

Pemisahan agama dan kepercayaan dalam konstitusi adalah suatu kebijakan yang menimbulkan beragam permasalahan. Seringkali para penghayat kepercayaan mengalami intimidasi ataupun hal-hal lain yang mengganggu pelaksanaan hak sipilnya untuk menganut dan mengamalkan ajaran kepercayaan yang dianutnya. Dengan dalih kepercayaan bukan agama, para pelaku anarkisme seringkali melakukan pelarangan dan kekerasan terhadap para penganut kepercayaan. Kajian ini menggunakan metode penelitian hukum normatif. Sedangkan hasil penelitiannya ialah bahwa 1) Alasan hukum pemisahan pengaturan antara agama dengan aliran kepercayaan disebabkan oleh politik pembedaan pendefinisian keduanya dimana kepercayaan diamsusikan sebagai tradisi dan ajaran luhur masyarakat yang bersumber dari budaya yang keberadaannya di luar agama. 2) Pemisahan agama dan kepercayaan berakibat hukum tidak diakuinya aliran kepercayaan sebagai agama resmi negara, padahal status aliran kepercayaan merupakan agama lokal yang diyakini sebagai agama oleh para penganutnya. Pemisahan ini juga mengakibatkan hadirnya beragam sikap diskriminatif yang berpotensi mengganggu dan merampas hak setiap warga negara dalam meyakini suatu agama, dalam hal ini hak beragama yang diganggu dan dirampas ialah hak untuk meyakini agama lokal sebagai agama warisan leluhur bangsa Indonesia. The separation of religion and indigenous religion in the constitution is a policy that causes various problems. Often the beliefs of the indigenous religion are intimidating or other things that interfere with the exercise of civil rights to embrace and put into practice the beliefs embraced. Under the pretext of non-religious convictions, the perpetrators of anarchism often make prohibitions and violence against believers. This research uses normative legal methods. The results of the research are: The first, the legal reason for the separation of rules between religion and indigeneous religion is caused by the politics of defining both of them in which beliefs are interpreted as traditions and noble teachings of society originating from cultures which are outside of religion; The second, that the separation of religion and indigenous religion that is caused in the law does not recognize the indigenous religion as the official religion of the state, while the status of the indigenous religion is a local religion that is considered as a religion by his believers. This separation also makes several of discriminatory attitudes come up to have potency in disrupting and robbing every citizen’s right to believe in a religion. In this case, the right which is bullied is the right to believe in local religion as the religion of the Indonesian ancestral heritage.


2020 ◽  
Vol 11 (1) ◽  
pp. 57-72
Author(s):  
Razia Gul

This research article reflects policy development regarding disabled people in Pakistan. International efforts and policy development for the wellbeing of disabled people paved the way for generating debates and discussions on the condition and the rights of disabled people in Pakistan. Subsequently, laws have been enacted for the protection and promotion of the rights of disabled people in the country. Available literature on the polices related to disabled people have been critically reviewed and discussed. UN Convention on the Rights of Persons with Disabilities (CRPD) possesses immense and historic importance for inclusive society and it is being considered the first legally binding international treaty by which communities can hold their respective states for the enforcement of its articles and promote the quality of life of disabled people. Pakistan has ratified CRPD in the year 2011, following government’s commitment to promote social, political, economic and civil rights of disabled people. In this regard, Pakistan enacted sporadic but important laws both in Provincial and National Assemblies. However, these policies could not bring about changes in the lives of disabled people. There is no proper mechanism at national and local level to implement the policies developed for the wellbeing of such downtrodden people.


Author(s):  
Natalia Sakhno

Worldwide, December 3 is the international day of persons with disabilities. As early as 1982, a 10-year programme of action for persons with disabilities was adopted, called the Decade of persons with disabilities, and at its end in 1992, the General Assembly declared December 3 as the International day of people with disabilities. The goal of this day was to promote the rights of persons with disabilities in all spheres of public life, as well as to attract the attention of the General public to the problems of disabled people. Every year there are more and more people with disabilities, so only in the Russian Federation the total number of disabled people is 9% of the population. Someone comes to terms with their fate and closes in the walls of their home, and someone continues to lead an active life, not wanting to change something in the usual way in connection with their new status. Such strong-minded people learn new professions, acquire previously unknown skills, and try to expand their horizons in various ways available to them. And some unique individuals in the desire to prove to others, and first of all to themselves, that disability is not a sentence, even take part in sports competitions organized specifically for people with disabilities. And if for any famous athlete participation in the Olympics, and even more so victory in it, is a matter of prestige and world recognition, for a disabled person participation in the Paralympic games primarily means victory of the spirit over the body, victory over their own helplessness and infirmity, recognition of the fact of beauty and fullness of life.


Legal Ukraine ◽  
2020 ◽  
pp. 6-12
Author(s):  
Oleksandr Nelin

At the present stage of their development the Ukrainian society and the state are characterized by their pursuit to provide maximum realization of human and civil rights and to create a full-scale civil society. Obviously, in this context, a significant attention is paid to the human rights in Ukraine, however there is insufficient research systematically conceptualizing the human rights employing philosophical and legal instruments and methodology. The author highlights that particular attention in the mechanism of organizational and legal remedies is paid to judicial and extrajudicial protection of human and civil rights. In accordance with the Article 55 of the Constitution of Ukraine the judicial protection of human and civil rights is maintained through the system of general jurisdiction courts of Ukraine. The state ensures the right of every person to appeal in court against any decisions, actions or inactivity of the state bodies, local self-government bodies and government officials that violate human and civil rights. In case of exhausting all remedies of his/her rights and liberties protection in national courts the person can appeal to the international courts, e.g. to the European Court of Human Rights. At present, Ukraine holds the third position in the number of its citizens’ appeals to this distinguished international legal institution. Every person is able to appeal to the extrajudicial institutions authorized to protect the constitutional human and civil rights and liberties. In Ukraine there is a special body for this purpose — the Ukrainian Parliament Commissioner for Human Rights, whose activities are determined by the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights» of 23 December, 1997. In case when all extrajudicial remedies of human rights protection are exhausted, a person has the right, guaranteed by the Constitution of Ukraine, to appeal to the international human rights organizations (Art. 55). In terms of the current theory and practice of guaranteeing the constitutional human and civil rights, together with the national regulatory, organizational and legal guarantees, it is worth to distinguish the international guarantees of the constitutional human and civil rights and liberties in Ukraine. The special international legal guarantees of the human and civil rights and liberties are usually divided into regulatory and institutional ones. Key words: human and civil rights and liberties, constitutional state, national legal doctrine, international law, imitation of human rights, constitutional and legal mechanism for ensuring human rights and liberties.


2021 ◽  
Vol 66 ◽  
pp. 118-122
Author(s):  
T. A. Masalova

The article considers the issues of guarantees of protection of the policeman's right to financial security, in particular, the definition of "guarantees of protection of the policeman's right to financial security", defines the purpose, objectives and functions of the investigated guarantees, and outlines the structure of basic guarantees. Thus, guarantees for the protection of the right of police officers to financial security are considered as a set of legal and organizational-legal means, methods and conditions by which the police and state bodies ensure the real restoration of the violated right to remuneration. It is concluded that today the guarantees of protection of the police officer's right to monetary security are a special manifestation of guarantees of protection of the employee's right to remuneration. This position allows us to draw the following conclusions: (1) the extension to the police of labor law and other guarantees of protection of labor rights of employees contributes to the expansion of the set of human-centered principles available in labor law in this area. This does not allow the state to subject police officers to labor exploitation, which degrades their human dignity, and obliges them to properly ensure and protect the right of these officers to a decent reward for their work; (2) as the real existence of guarantees of human and civil rights and freedoms in Ukraine is still far from adequate, the guarantees of protection of the police officer's right to financial security are not sufficiently perfect. Meanwhile, it should be borne in mind that the importance of police work, as well as ensuring a high level of social security of these officers has led to the creation and operation of a legal mechanism to protect the right of police officers to a decent reward. conditions under which a police officer may confirm and protect the right to financial security by all means and methods available to him, which do not endanger the state of national security of the state.


2021 ◽  
pp. 8-11
Author(s):  
A.V. Golovinov ◽  
Yu.V. Golovinova

Within the framework of this publication, the authors analyze some of the problems of the realizationby Russian women of the constitutional right to freedom of labor. The emphasis is placed on the principleof equality as a basic platform that allows women to effectively exercise their right to freedom of work. The authors proceed from the fact that equality as a principle of law is nothing more than the ideal of ajust structure of the state and society, which is characterized by the comprehensive implementation andprotection of human and civil rights and freedoms. Therefore, equality canonizes parity in the relationshipbetween the individual and the state, discrimination on the part of state bodies with this interpretation isexcluded.The article shows that the Russian state, striving to improve the conditions of women’s work, in orderto effectively protect their constitutional rights, creates a system of normative legal acts that fix the list ofprofessions and types of professional work, which women have no right to replace. This, in turn, leads to thelatter’s appeal to the courts, up to the Supreme Court of the Russian Federation and the European Court ofHuman Rights in Strasbourg.


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