scholarly journals Access to Inclusive Education for Students with Autism: An Analysis of Canada’s Compliance with the United Nations Convention on the Rights of Persons with Disabilities

2020 ◽  
Vol 9 (5) ◽  
pp. 328-346
Author(s):  
Phil Lord
Keyword(s):  
United Nations ◽  
Inclusive Education ◽  
Education System ◽  
Medical Model ◽  
Persons With Disabilities ◽  
Canadian Education ◽  
Students With Autism ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

This article argues that Canada fails to meet its obligation under article 24 of the United Nations Convention on the Rights of Persons with Disabilities to provide students with autism with access to inclusive education. Moving beyond Canadian legislation, under which every province and territory recognises the right of all students to an inclusive education, it analyses Canada’s education system and the implementation of the goal of inclusive education. It points out the effect of five interrelated factors on the inclusiveness of the Canadian education system and its accessibility for students with autism: reductions in funding for education; the inadequacy of individual support measures and parent participation; the lack of education and training for teachers; the use of language indicative of the medical model of disability by governments; and "voluntary segregation" – the voluntary removal of children from the public education system by their parents. It concludes that Canada likely does not meet its obligations under the United Nations Convention on the Rights of Persons with Disabilities.

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.

Art.10 Right to Life

2018 ◽  
Author(s):  
Nizar Smitha
Keyword(s):  
United Nations ◽  
Human Beings ◽  
Right To Life ◽  
Persons With Disabilities ◽  
Optional Protocol ◽  
United Nations Convention ◽  
Micro Level ◽  
The United Nations ◽  
The Individual ◽  
The Right

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.

Art.5 Equality and Non-Discrimination

2018 ◽  
Author(s):  
Corsi Jessica Lynn
Keyword(s):  
United Nations ◽  
Three Dimensional ◽  
Persons With Disabilities ◽  
Equality Rights ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right ◽  
Article 5

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’.

scholarly journals The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?

2018 ◽  
Vol 7 (2) ◽  
pp. 199-224 ◽  
Author(s):  
Andrea Broderick
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Social Dimension ◽  
European Convention ◽  
Political Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

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.

scholarly journals Implementation of Inclusive Education Under the Convention on the Rights of Disabled People: A Comparative Legal Aspect

2020 ◽  
Vol 37 (65) ◽  
pp. 198-208
Author(s):  
Anna V. Lebed ◽  
Anna A. Guseva ◽  
Alexander A. Karabutov ◽  
Marina V. Markhgeym ◽  
Ivan A. Rusin
Keyword(s):  
United Nations ◽  
Inclusive Education ◽  
Western Europe ◽  
Legal Aspect ◽  
Initial Report ◽  
Persons With Disabilities ◽  
Dialectical Approach ◽  
Analysis And Synthesis ◽  
United Nations Convention ◽  
The United Nations

The article presents a comparative analysis of inclusive education training in the Russian Federation, Germany and Italy based on the analysis of the provisions of the United Nations Convention on the Rights of Persons with Disabilities, also related to the development of inclusive education in member countries. At a methodological level, the study was built on the basis of a dialectical approach to the study of legal phenomena and processes, using a general intellectual process for the processing of sources of type: (systemic, logical, analysis and synthesis), all within the framework of documentary observation close to legal hermeneutics. The study of the concluding observations on the initial report of the states participating in the Convention mentioned above allows concluding that the approaches to inclusion are heterogeneous in different countries of Western Europe before signing and ratifying the United Nations Convention on the rights of People with disabilities. Furthermore, the document sought to determine the level of development of inclusive education, its problems and prospects in Russia compared to the states of Western Europe.

scholarly journals Unveiling the Challenges in the Implementation of Article 13 of the United Nations Convention on the Rights of Persons With Disabilities on the Right to Access to Justice: A Case Study of Lesotho

2019 ◽  
Vol 11 (1) ◽  
pp. 194
Author(s):  
Henok Ashagrey Kremte
Keyword(s):  
United Nations ◽  
Access To Justice ◽  
Human Right ◽  
Group Discussions ◽  
Persons With Disabilities ◽  
Legislative Framework ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right ◽  
Human Rights Based Approach

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.

The Right to Inclusive Education Under International Law: Following Italy's Lead

2014 ◽  
Vol 17 (1) ◽  
pp. 21-32 ◽  
Author(s):  
Arlene S Kanter ◽  
Michelle L Damiani ◽  
Beth A Ferri
Keyword(s):  
United Nations ◽  
International Law ◽  
Inclusive Education ◽  
Education System ◽  
People With Disabilities ◽  
Lessons Learned ◽  
World Health ◽  
Persons With Disabilities ◽  
Italian Experience ◽  
The Right

Abstract It is estimated in the world today, that more than one billion people have a disability (World Health Organization, 2011). Many people with disabilities receive no education, and, of those who do, few receive an education on an equal basis with their non-disabled peers. In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD). The CRPD seeks to achieve equality for people with disabilities in all areas of life, including education. Article 24 of the CRPD specifically calls upon States Parties to “ensure an inclusive education system at all levels and lifelong learning” (United Nations, 2006, Art.24, para. 1). In this article, the authors provide an overview of the right to inclusive education under international law prior to the CRPD, followed by a discussion of Article 24 of the CRPD. The authors then discuss the role of inclusive education in Italy, which has long been regarded as a leader in the field of inclusive education. The authors conclude the article with a discussion of lessons learned from the Italian experience that may help other countries as they work towards implementation of Article 24's mandate of an inclusive education system.

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