scholarly journals Should we say "functional diversity" to refer to "disability"?

2021 ◽  
pp. 109-132
Author(s):  
Macario Alemany
Keyword(s):  
United Nations ◽  
Functional Diversity ◽  
Political Correctness ◽  
People With Disabilities ◽  
The State ◽  
Persons With Disabilities ◽  
Marginalised Groups ◽  
Legislative Reforms ◽  
Correct Expression ◽  
The Way

This article addresses "political correctness" (PC) regarding the rights of people with disabilities and specifically the state of the question in Spain. First, we focus on the expression itself and clarify what is understood by PC. This implies reviewing, albeit briefly, the main conceptual and ideological framework PC is grounded in. Second, we describe the new conceptualisation of disability given by the United Nations Committee on the Rights of Persons with Disabilities, tasked with ensuring compliance with the Convention on the Rights of Persons with Disabilities. In Spain, this Convention is about to give rise to substantial legislative reforms in civil and procedural matters, leading to a turnaround in the way the matter has been traditionally treated. Thirdly, we expose a critique of the demands to turn "functional diversity" into the sole politically correct expression to refer to the condition of people with disabilities. To finish, I come back to the question of PC and present my position on the effects of this doctrine on the prevention of discrimination against marginalised groups.

scholarly journals Vocational guidance and assistance system for the employment of persons with disabilities and persons with disabilities within the framework of the international movement “Abilimpix”

2021 ◽  
Vol 24 (2) ◽  
pp. 5-9
Author(s):  
Tatyana N. Ananyeva ◽  
Galina I. Ilyukhina ◽  
Yulia V. Sazonova
Keyword(s):  
Social Life ◽  
People With Disabilities ◽  
Modern Society ◽  
Well Being ◽  
The State ◽  
Persons With Disabilities ◽  
Institutional Conditions ◽  
Professional Activities ◽  
Health And Well Being

Human health and well-being largely depend on a sufficient standard of living, educational opportunities and participation in social and social life, and successful professional activities. It should be recognized that in the surrounding society it is in these areas of life that people with disabilities and disabilities are especially disadvantaged, but not neglected by society and the state. Currently, in the Russian Federation, the State programme Accessible Environment is being implemented to support and assist persons with disabilities and disabilities, with the aim of creating legal, economic and institutional conditions conducive to the integration of persons with disabilities into society and improving their quality of life. The programme contains three subprogrammes that are effectively implemented in modern society, namely: (1) Ensuring the accessibility of priority facilities and services in priority areas of life of persons with disabilities and other mobile populations; (2) Improvement of the system of comprehensive rehabilitation and habilitation of persons with disabilities; (3) Improvement of the state system of medical and social expertise. The organizers of the Abilimpix social movement were able to demonstrate to people with disabilities their individual capabilities and prospects for accessibility to all types, forms and means of obtaining knowledge and professional skills, their effective application in practice.

scholarly journals Determination of United Nations Security Council Resolutions by States

2016 ◽  
Vol 9 (10) ◽  
pp. 156
Author(s):  
Malihe Behfar ◽  
Hassan Savari
Keyword(s):  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
The State ◽  
International Peace ◽  
State Action ◽  
Peace And Security ◽  
The Way

In United Nations history, the legality of Security Council Resolutions, in many cases, is challenged. Generally these challenges take by states that affected Security Councils decisions. With notice that states are the representative for implementation of Security Council Resolutions, they intervene their determination and interpretation in the way that implement Security Council Decisions. In some cases, domestic and regional courts determine the state action in implementation Security Council Resolutions. Although this cases couldn’t provide direct review on Resolutions but affected by way of implementation. Determination by states is probable and arises some concerns about decrease effectiveness of Security Council in maintenance of international peace and security.

„Respite care” as a significant instrument of support for carers of persons with disabilities

2019 ◽  
Vol 2 (XIX) ◽  
pp. 151-167
Author(s):  
Maciej Borski
Keyword(s):  
People With Disabilities ◽  
Respite Care ◽  
The State ◽  
European Countries ◽  
Public Authorities ◽  
Persons With Disabilities ◽  
The Family

Naturally, it is the family who is predestined to take care of people with disabilities. However, they cannot be left alone with all their problems. What turns out to be necessary is the support from the state. It seems that nowadays public authorities recognize the necessity, however, they are trying to achieve the goal with the least possible financial involvement. What might constitute a very good example confirming the thesis is the long-term negligence of the state in the area of assistance to carers of persons with disabilities in the form of the so-called respite care. The author’s objective was to set this institution in a broader context of support for carers of persons with disabilities. For this purpose, what will be elaborated on is not only the origins and current legal measures functioning in Poland, but also those in selected European countries.

Legislating personhood: realising the right to support in exercising legal capacity

2014 ◽  
Vol 10 (1) ◽  
pp. 81-104 ◽  
Author(s):  
Eilionoir Flynn ◽  
Anna Arstein-Kerslake
Keyword(s):  
Decision Making ◽  
Political Philosophy ◽  
United Nations ◽  
People With Disabilities ◽  
Decision Makers ◽  
Legal Capacity ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The Right

AbstractThis paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities, and others). The United Nations Convention on the Rights of Persons with Disabilities (CRPD) challenges this notion by guaranteeing respect for the right to legal capacity for people with disabilities on an equal basis with others and in all areas of life (Article 12). The paper uses the CRPD to argue for a conception of personhood that is divorced from cognition and a corresponding recognition of legal capacity as a universal attribute that all persons possess. Finally, a support model for the exercise of legal capacity is proposed as a possible alternative to the existing models of substituted decision-making that deny legal capacity and impose outside decision-makers.

scholarly journals People with Disabilities, Self-Determination and Very Personal Acts

Teisė ◽  
2020 ◽  
Vol 114 ◽  
pp. 122-131
Author(s):  
Gaetano Di Martino
Keyword(s):  
Social Protection ◽  
People With Disabilities ◽  
Self Determination ◽  
Active Part ◽  
Persons With Disabilities ◽  
Way Of Thinking ◽  
The Relationship ◽  
The Way

The evolution of medical, social and economic sciences and, more generally, the way of thinking has profoundly changed the relationship between Society and people with disabilities: these persons, from the recipients of social protection and care, have become an active part of Society. Therefore, this publication analyzes the basis and limits of the powers of persons with disabilities in the context of ethical, political, religious and legal values.

scholarly journals Moving from the Implicit to the Explicit: ‘Spiritual Rights’ and the United Nations Convention on the Rights of Persons with Disabilities

2015 ◽  
Vol 4 (3) ◽  
pp. 103
Author(s):  
Russell Whiting ◽  
Sándor Gurbai
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Extended Period ◽  
Christian Doctrine ◽  
Persons With Disabilities ◽  
The Disabled ◽  
United Nations Convention ◽  
The United Nations

This article considers spiritual rights in relation to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It notes that unlike in other legally binding UN treaties spiritual rights is not a term covered in this convention. The purpose of the article is to explore how that exclusion happened, what it means, what lies behind it and also to suggest one way of considering how the convention might have been enriched by explicitly including spiritual rights. Firstly, the article discusses the use of the term spiritual rights. It goes on to analyse how spiritual rights are recognized in some UN treaties and not others. The article then examines the travaux préparatoires of the convention and studies how spiritual rights were excluded after an extended period of debate between delegates. The article challenges the view of some delegates that if spiritual rights is included in other conventions that should be sufficient. It uses the Christian doctrine of incarnation to explore what might be distinctive about spiritual rights for people with disabilities. Boros and Vanier’s interpretations of the doctrine are briefly considered before a fuller exploration of the “Disabled God” incarnationalism of the theologian Nancy Eiesland, who was in fact involved in the drafting of UNCRPD. The idea of the Disabled God is also shown to be meaningful outside of a Christian context with an example from Shintoism. The article concludes that whilst spiritual rights is certainly a contested term, its omission from the UNCRPD is to be lamented. 

scholarly journals The Montoya Case: How Neoliberalism Has Impacted Medical Inadmissibility in Canada and Transformed Individuals with Disabilities into "Citizens Minus"

2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Valentina Capurri
Keyword(s):  
Historical Context ◽  
The State ◽  
Human Being ◽  
Court Cases ◽  
Canadian Society ◽  
Individuals With Disabilities ◽  
Persons With Disabilities ◽  
Mainstream Media ◽  
The Way

In this paper, I read the narrative developed by mainstream media in the Montoya case in the context of a dominant neoliberal understanding of the worth of persons with disabilities in Canadian society. I argue that the way newspapers framed the story of the Montoya family feeds into the neoliberal script of who counts as a human being, and thus results in a disservice to individuals with disabilities. I also situate the case in a broader historical context as I examine a few court cases, all including dependents, related to the medical admissibility provision. My goal is to demonstrate how the courts have validated the state argument that distinguishes between valuable (read economically profitable) and non-valuable immigrants, further entrenching the neoliberal discourse of who counts and who is disposable in our society. This is a concerning trend that results in the commodification and layering of citizenship and should be resisted.

Inklusion und Exklusion von Menschen mit Behinderung. Anwendungsoptionen der Theorie sozialer Schließung

2019 ◽  
Vol 68 (12) ◽  
pp. 927-945
Author(s):  
Stefan Zapfel ◽  
Bartholomäus Zielinski
Keyword(s):  
United Nations ◽  
Social Life ◽  
People With Disabilities ◽  
State Intervention ◽  
Disabled Persons ◽  
Anglo Saxon ◽  
Persons With Disabilities ◽  
Social Closure ◽  
People With Disability ◽  
Menschen Mit Behinderung

Zusammenfassung Zentrales Ziel der von der Bundesrepublik ratifizierten UN-Behindertenrechtskonvention ist die Herstellung und Gewährleistung von Inklusion und Teilhabe behinderter Menschen. Dennoch lassen sich nach wie vor vielfältige Exklusionen beobachten, die behinderten Menschen die gesellschaftliche Teilhabe erschweren. Dieser Artikel zieht die Theorie sozialer Schließung heran, um der Untersuchung der Inklusionschancen behinderter Menschen ein weiteres Element hinzuzufügen. Dabei wird zunächst die Webersche Ursprungskonzeption dargestellt, danach werden Theorieerweiterungen aus dem angelsächsischen Raum ergänzt, bevor wir auf Genese und Variabilität von Exklusionen eingehen. Behandelt werden daraufhin staatliche Interventions- und Stabilisierungsmöglichkeiten sozialer Ausschlüsse sowie Anwendungsoptionen und -grenzen der Theorie für die Teilhabe behinderter Menschen. Abstract: Inclusion and Exclusion of People with Disability. Application Options in Terms of the Theory of Social Closure One aim of the Convention of the United Nations on the Rights of Persons with Disabilities is guaranteeing inclusion of people with disabilities. Nevertheless exclusion still impedes participation of persons with disabilities in social life. This article deals with the theory of social closure to enrich research of inclusion of disabled persons. Therefore, we discuss the Weberian conception and Anglo-Saxon amplifications of the theory. After that, we focus on the emergence and variability of exclusion, options of state intervention, and application options and limits of the theory concerning inclusion of persons with disabilities.

Art.9 Accessibility

2018 ◽  
Author(s):  
Lawson Anna
Keyword(s):  
United Nations ◽  
Ad Hoc ◽  
Case Law ◽  
Persons With Disabilities ◽  
Article 9 ◽  
United Nations Convention ◽  
The United Nations ◽  
Domestic Case ◽  
The Way

This chapter examines Article 9 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which articulates rights to accessibility. The chapter is divided into three main sections in addition to the introduction. The first of these focuses on the Ad Hoc Committee debates that shaped Article 9. This will be organized thematically under four distinct headings so as to facilitate analysis of key recurring issues. The second and third sections deal with the current text of Article 9 (paragraphs 9(1) and 9(2) respectively), its implications, and the way in which it has been understood and applied, particularly by the CRPD Committee. Cross-cutting themes will be highlighted throughout as will any relevant domestic case law.

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