scholarly journals Disabled consumers in solidary private law

2020 ◽  
Vol 48 (2) ◽  
Author(s):  
Lúcia Souza d'Aquino ◽  
Guilherme Mucelin
Keyword(s):  
Human Rights ◽  
Consumer Protection ◽  
People With Disabilities ◽  
Research Problem ◽  
Private Law ◽  
Consumer Market ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Status

This work analyzes the evolution of private law, centered on individualism and totalizing codification, towards private law of solidarity, centered on solidarism, which valorizes the person before his particularities and his laws of protection. Thus, with the strengthening of constitutional principles and human rights, the disabled person is described, as a consumer, as hypervulnerable, worthy of specific protection, which will only be effective with the dialogue between the Consumer Protection Code and the Status of the Disabled Person. The research problem centers on how to protect the disabled person as a consumer from the plurality of standards that affect this relationship, in particular the Consumer Protection Code and the Status of Persons with Disabilities. Using a hypothetical methodology, it is assumed that the dialogue of sources method is the appropriate means to effectively protect people with disabilities in the consumer market

scholarly journals MEMBANGUN INKLUSIVITAS KEBERAGAMAAN ANTARA MASYARAKAT DENGAN PENYANDANG TUNA DAKSA MELALUI BIMBINGAN FIKIH IBADAH DI “RUMAH KASIH SAYANG” DESA KREBET JAMBON PONOROGO

2020 ◽  
Vol 3 (1) ◽  
pp. 14-38
Author(s):  
Afif Syaiful Mahmudin
Keyword(s):  
People With Disabilities ◽  
Religious Culture ◽  
Disabled People ◽  
Participatory Action ◽  
Persons With Disabilities ◽  
Physically Disabled ◽  
The People ◽  
The Disabled ◽  
Village People ◽  
Research Questions

Persons with physical disabilities recorded under the auspices of the "Rumah Kasih Sayang" institution are 12 people. Ideally, the practice of worship should be carried out easily by everyone, but in fact there are still many people with disabilities who experience difficulties in implementing it, not even a few of them have left worship because of low religious-related understanding and lack of motivation from the community to include persons with disabilities. carry out daily worship obligations. These problems are experienced by people with disabilities, especially physically disabled in the "Rumah Kasih Sayang" in Krebet village. People with disabilities by the community are considered as groups who are no longer obliged to worship, they are sufficiently fostered with a variety of skills obtained from the institution, empowered by breeding goats from compensation without even being physically invited to pray together in the mosque or prayer room. Religious inclusiveness needs to be built between the community and the physically disabled, the community must be given an understanding that as long as the disabled person meets the taklif provisions, there is no privilege that disqualifies the obligation of worship for the disabled. The research questions are: 1) What are the implications of the fiqh guidance of worship for the disabled in the "Rumah Kasih Sayang" Krebet Jambon Village? 2) What are the implications of fiqh material for worship for the people of Krebet Jambon Village ?. To answer the formulation of the problem, the researcher used a Participatory Action Research (PAR) approach. The results of this study are: 1) Deaf people can practice well the procedures of daily worship in accordance with the fiqh hospitality of disabled people while being able to carry out the obligation to worship together with the surrounding community. 2) People get new insights about fiqh worship for people with disabilities, changing their negative stigma towards disabled people and leading to the realization of an inclusive religious culture in Krebet Jambon Ponorogo Village.

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.

Regulatory mechanisms for ensuring accessibility, individualization and inclusion of vocational education for the disabled and people with disabilities in rural areas of Russia

2020 ◽  
pp. 19-30
Author(s):  
V. G. Novikov ◽  
E. A. Gridasova ◽  
Yu. A. Kulikova ◽  
S. A. Gorokhov
Keyword(s):  
Higher Education ◽  
Students With Disabilities ◽  
Inclusive Education ◽  
Agricultural Education ◽  
Rural Areas ◽  
People With Disabilities ◽  
Legal Regulation ◽  
Rural Residents ◽  
Persons With Disabilities ◽  
The Disabled

The article deals with the issues of legal regulation of ensuring accessibility of higher education for the disabled and people with disabilities. The relevance of obtaining agricultural education in the Russian Federation, which should be as close as possible to the main consumer — the rural population, is emphasized. The openness of agricultural education to the needs of rural residents will help reduce migration fl ows and preserve young people in rural areas. Attention is drawn to the fact that obtaining agricultural education is possible and accessible not only for people without disabilities, but also for people with disabilities. The advantage of providing higher agricultural education to this category of rural residents is that they are not aimed at migration, they live permanently and for a long time in a certain territory. The review of the current legal acts regulating the issues of accessibility and training in higher education organizations for persons with disabilities and persons with disabilities is presented. The article analyzes current trends in the legal fi eld of inclusive education. The article considers the concept and legal status of disabled people and students with disabilities, the concept of inclusive education and the requirement for its implementation at all levels, including higher education.

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.

scholarly journals Discapacidad y mediación

Aldaba ◽  
2018 ◽  
pp. 99
Author(s):  
Gloria Álvarez Ramírez
Keyword(s):  
Social Environment ◽  
People With Disabilities ◽  
Equality Of Opportunity ◽  
Self Determination ◽  
Access To Justice ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Will ◽  
The Right

Pese a las importantes transformaciones sufridas en los últimos años sobre la concepción y el tratamiento de las personas con discapacidad que la ubican como sujeto de derechos capaz de decidir por sí mismo, lo cierto es que persisten determinadas barreras físicas, sensoriales, en la comunicación y, especialmente, en la percepción, resultantes de la interacción entre la persona con discapacidad y un entorno social hostil que dificultan el ejercicio del derecho al acceso a la justicia; y esquivar estas situaciones sin tratar de solucionarlas, supone abocar a las personas con discapacidad a un difícil acceso, o lo que es peor, al impedimento en la defensa de sus derechos. El campo de acción de los sistemas de gestión y resolución de conflictos que, por su esencia misma de flexibilidad, agilidad y, principalmente, la exigencia de que quienes acuden a ellos lo hagan desde el ejercicio de la libertad o desde la autonomía de la voluntad, resulta de sumo interés para las personas con discapacidad, en la medida en que procuran la igualdad de oportunidades, la accesibilidad y la potenciación de la libre determinación.In spite of the important changes undergone in recent years in the conception and treatment of people with disabilities who place them as a subject of rights capable of deciding for themselves, certain physical and sensorial barriers persist in communication and, especially in perception, resulting from the interaction between the disabled person and a hostile social environment that hinder the exercise of the right to access to justice; and avoid these situations without trying to solve them, is to give people with disabilities difficult access, or, worse, the impediment in the defense of their rights. The field of action of the systems of management and resolution of conflicts that, by its very essence of flexibility, agility and, mainly, the requirement that those who come to them do it from the exercise of freedom or from the autonomy of the will, Is of great interest to persons with disabilities, insofar as they seek equality of opportunity, accessibility and the enhancement of self-determination.

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 Sårbarhet, mangfold og menneskerettigheter

2020 ◽  
pp. 129-151
Author(s):  
Hans Morten Haugen
Keyword(s):  
Human Rights ◽  
People With Disabilities ◽  
Status Quo ◽  
Enabling Technology ◽  
World Council Of Churches ◽  
Persons With Disabilities ◽  
A Value ◽  
The World ◽  
World Council ◽  
The Church

The article examines recent understandings of vulnerability and exposedness, and studies proving that people with disabilities are more exposed to violence, discrimination, and various forms of exclusion. Diversity has been elevated as a value, both in societies and in churches. The UN Convention on the Rights of Persons with Disabilities (CRPD) is the only human rights treaty that names specific human rights principles, and one of these principles is diversity. There are also opposing trends to the enhanced recognition of diversity, summarized in three points: preservation of status quo; highlighting majority normality; and budgetary efficiency are given priority over empowering solutions. The Church of Norway, inspired by the World Council of Churches, wants to promote inclusion and empowerment, but is itself lagging behind, for instance in providing access to enabling technology.

scholarly journals Menyoal Kesenjangan dan Diskriminisi Publik Terhadap Penyandang Disabilitas

2021 ◽  
Vol 2 (2) ◽  
pp. 169-178
Author(s):  
Risky Novialdi ◽  
Isvarwani Isvarwani ◽  
Fauzi Fauzi ◽  
Ilyas Ismail ◽  
Muammar Qadafi
Keyword(s):  
Human Rights ◽  
Sexual Harassment ◽  
Public Services ◽  
Daily Life ◽  
People With Disabilities ◽  
Disability Rights ◽  
Public Places ◽  
Persons With Disabilities ◽  
Main Requirement ◽  
The Family

Disabilitas menjadi topik permasalahan yang serius periode belakangan ini, hal tersebut dikarenakan penyandang disabilitas rawan akan berbagai tindakan diskriminasi secara fisik maupun mental, bahkan difabel rentan menjadi korban pelecehan seksual dalam ruang lingkup keluarga ataupun non difabel. Para disabilitas menghadapi berbagai problematika dalam kehidupan sehari-hari. Penyandang disabilitas seringkali di tolak dengan alasan keterbatasan mereka, bahkan ada beberapa yang menjadikan sehat jasmani dan rohani sebagai syarat utama untuk bisa mangakses bidang-bidang tertentu. Bahkan pelanggaran Hak Asasi Manusia (HAM) terhadap penyandang disabilitas masih dijumpai di lokasi sekitar. Kesenjangan yang diterima oleh penyandang disabilitas menjadi tekanan tersendiri bagi para difabel untuk memenuhi segala aspek kebutuhannya. Pemenuhan hak-hak disabilitas masih kurang diperhatikan, baik dalam sarana bangunan atau infastruktur, maupun fasilitas-fasilitas di tempat umum. Ketidaksetaraan juga terjadi dalam sektor pendidikan, lapangan pekerjaan, politik, dan aksesibilitas terhadap transportasi. Hal tersebut menunjukkan adanya perlakuan yang berbeda yang diterima oleh penyandang disabilitas terhadap layanan publik yang ramah bagi penyandang disabilitas.Disability has become a serious problem topic in recent times, this is because people with disabilities are prone to various acts of discrimination physically and mentally, even people with disabilities are vulnerable to being victims of sexual harassment within the family or non-disabled spheres. People with disabilities face various problems in their daily life. Persons with disabilities are often rejected on the grounds of their limitations, there are even some who make physically and mentally healthy as the main requirement to be able to access certain fields. Even human rights violations against persons with disabilities are still found in nearby locations. The gap that is accepted by people with disabilities is a separate pressure for people with disabilities to meet all aspects of their needs. Fulfillment of disability rights is still lacking in attention, both in building facilities or infrastructure, as well as facilities in public places. Inequality also exists in the sectors of education, employment, politics, and accessibility to transportation. This shows that there is a different treatment received by persons with disabilities towards public services that are friendly to persons with disabilities.

scholarly journals Human Rights and Neoliberalism in Australian Welfare to Work Policy: Experiences and Perceptions of People with Disabilities and Disability Stakeholders

2014 ◽  
Vol 34 (4) ◽  
Author(s):  
Sarah Parker Harris ◽  
Randall Owen ◽  
Karen R Fisher ◽  
Robert Gould
Keyword(s):  
Human Rights ◽  
Service Providers ◽  
National Level ◽  
People With Disabilities ◽  
Welfare To Work ◽  
Disability Rights ◽  
Font Size ◽  
Persons With Disabilities ◽  
Accessible Information ◽  
The Government

<span style="font-family: Times New Roman; font-size: small;"> </span><p class="MsoNormal" style="margin: 0in 0in 3pt; text-align: justify; line-height: 150%; tab-stops: 6.5in; mso-layout-grid-align: none;"><span>Recent policy approaches in Australia, influenced by neoliberalism, have constrained the implementation of international disability rights at the national level. Within the neoliberal and human rights approaches to social policy, what is the lived experience of people with disabilities? In focus groups with people with disabilities and interviews with disability stakeholders in Australia, participants were asked about their experiences and perspectives of welfare to work programs. We analyzed the data by drawing on the United Nations Convention on the Rights of Persons with Disabilities as a framework. The analysis revealed tensions between the rights and responsibilities of citizens and the government, and a disconnection between policy discourse and policy practice. The results suggest that disability rights are jeopardized unless governments take responsibility to create the policy environment for rights-based policy to be implemented; including the equalization of opportunities, providing accessible information and communication about employment, and addressing the administration and process practices that employment service providers follow.</span></p><span style="font-family: Times New Roman; font-size: small;"> </span>

scholarly journals DISABILITY, LAWS AND MODELS: AN OVERVIEW

2020 ◽  
Vol 2 (1) ◽  
pp. 50-54
Author(s):  
Shyam Ganvir ◽  
Ankita Arun Gundecha
Keyword(s):  
Human Rights ◽  
Activities Of Daily Living ◽  
Daily Living ◽  
Legal Status ◽  
People With Disabilities ◽  
Comprehensive Analysis ◽  
Research Report ◽  
Persons With Disabilities ◽  
Perceptions Of Disability ◽  
Educational Scholarship

There are various growing definitions and perceptions of disability. It leads to various complications leading to independency for all other activities of daily living, making occupational limitations and economically dependent. So there is a need to make them aware of various schemes available in India, for supporting them for various economic, pension and educational scholarship schemes. The rights and laws of persons with disabilities must, therefore, be understood and studied from a variety of perspectives, including human rights and various other laws in India, which will fill the gap or close the gap between persons with disabilities and persons with disabilities in their personal attainment in the true sense of the term. Throughout this research report, the writer puts a great deal of focus on the different legislative frameworks and regulations existing throughout our country and allows a comprehensive analysis on how such laws have led to the advancement of the legal status of people with disabilities in India.

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