scholarly journals Reasonableness in the Concept of Reasonable Accommodation

2016 ◽  
pp. 42-59
Author(s):  
Rafael De Asís Roig
Keyword(s):  
Universal Design ◽  
People With Disabilities ◽  
The Other ◽  
Reasonable Accommodation ◽  
Human Right ◽  
Universal Accessibility ◽  
Methodological Tool ◽  
Principle Of Proportionality ◽  
The One ◽  
In Virtue Of

Reasonable accommodation is one of the pillars upon which the recognition of the rights of people with disabilities rests. It acquires its full meaning when understood in connection with the concept of universal design, since both concepts fall within the framework of universal accessibility. An accurate understanding of reasonable accommodation requires, on the one hand, clarifying its connection with universal design and accessibility, and on the other, unraveling what “reasonable” means. The reasonableness in accommodation takes to three kinds of reflections. On the one hand the one concerning non-discrimination, which requires to assess, when examining whether the adjustment is justified or not, if it entails a violation of the principle of equality (since it differentiates or it does not, in an unjustified manner, thus harming a human right such as accessibility). In this justifying test there is an essential methodological tool at hand, which shall be regarded as the second great reflection on reasonableness in accommodation: the principle of proportionality. In virtue of this principle, the reasonableness test requires facing the adjustment’s adequacy and necessity and, in addition to that, the advantages or sacrifices that produces on rights. And since both of these reflections do not ensure a single answer, reasonableness requires a last reflection on the basis of acceptability. The adjustment’s justification, or the lack of it, shall be subject to the community’s acceptance or rejection.

Accessible E-Government through Universal Design

2011 ◽  
pp. 16-19 ◽  
Author(s):  
U. Peter
Keyword(s):  
Business Process ◽  
Design Principle ◽  
Universal Design ◽  
People With Disabilities ◽  
The Other ◽  
The Internet ◽  
Cross Sectional ◽  
Other Hand ◽  
The One

The accessible design of e-government ensures that these offers can also be used by people with disabilities (accessibility). Moreover, experience shows that clarity and comprehensibility of the offers benefit from their careful and deliberate design and structuring while keeping in mind accessibility requirements. Therefore, accessibility is useful for all citizens who want to attend to their administrative issues via the Internet (universal design). Accessibility as a cross-sectional subject has to be considered holistically: On the one hand, following the “universal design” principle, it becomes clear that all users benefit from an accessible solution, independent of their abilities and independent of their situation, environment or conditions. On the other hand, especially in e-government, the complete business process has to be considered: An offer accessible in itself may not be usable if an installation routine or plug-in has to be loaded from a non-accessible page or if the work procedure involves a media break.

Accessible E-Government through Universal Design

2011 ◽  
pp. 608-612
Author(s):  
Ulrike Peter
Keyword(s):  
Business Process ◽  
Design Principle ◽  
Universal Design ◽  
People With Disabilities ◽  
The Other ◽  
The Internet ◽  
Cross Sectional ◽  
Other Hand ◽  
The One

The accessible design of e-government ensures that these offers can also be used by people with disabilities (accessibility). Moreover, experience shows that clarity and comprehensibility of the offers benefit from their careful and deliberate design and structuring while keeping in mind accessibility requirements. Therefore, accessibility is useful for all citizens who want to attend to their administrative issues via the Internet (universal design). Accessibility as a cross-sectional subject has to be considered holistically: On the one hand, following the “universal design” principle, it becomes clear that all users benefit from an accessible solution, independent of their abilities and independent of their situation, environment or conditions. On the other hand, especially in e-government, the complete business process has to be considered: An offer accessible in itself may not be usable if an installation routine or plug-in has to be loaded from a non-accessible page or if the work procedure involves a media break.

scholarly journals Inclusion of Workers with Disabilities in Production 4.0: Legal Foundations in Europe and Potentials Through Worker Assistance Systems

2019 ◽  
Vol 11 (21) ◽  
pp. 5978 ◽  
Author(s):  
Benedikt G. Mark ◽  
Sarah Hofmayer ◽  
Erwin Rauch ◽  
Dominik T. Matt
Keyword(s):  
Industry 4.0 ◽  
Manufacturing Sector ◽  
People With Disabilities ◽  
Critical Discussion ◽  
The Other ◽  
Industrial Companies ◽  
Employees With Disabilities ◽  
Legal Foundations ◽  
Assistance Systems ◽  
The One

The inclusion of employees with disabilities in production is an issue that has rarely been addressed by scientists from the manufacturing sector. In this article, we examine to what extent the trend towards Industry 4.0 offers potential for the inclusion of people with disabilities in Production 4.0. First, we examine relevant legal foundations and restrictions in Europe and in more detail in Austria, Italy, and Norway. Next, based on a literature review, we examine which technological aids in the form of worker assistance systems derived from Industry 4.0 can make jobs in the manufacturing sector accessible for people with disabilities. Three types of assistance systems have been examined: sensorial aid systems, physical aid systems, and cognitive aid systems. In a concluding discussion of the results, we finally summarize the implications on management and policies as well as the potential and limitations of identified worker assistance technologies. On the one hand, the study is intended to draw the attention of researchers and industrial companies to new technological possibilities for the inclusion of people with disabilities in production. On the other hand, difficulties and grievances due to the legal foundations are pointed out to stimulate a critical discussion here as well.

A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia

2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Status Quo ◽  
The Other ◽  
Faith Communities ◽  
Human Right ◽  
The Status ◽  
Research Gap ◽  
The One ◽  
The Right

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.

Two-Tier Moral Codes

1989 ◽  
Vol 7 (1) ◽  
pp. 112-132 ◽  
Author(s):  
Holly M. Smith
Keyword(s):  
Moral Status ◽  
The Other ◽  
Moral Principle ◽  
Moral Code ◽  
Moral Principles ◽  
Other Hand ◽  
Individual Actions ◽  
The One ◽  
In Virtue Of

A moral code consists of principles that assign moral status to individual actions – principles that evaluate acts as right or wrong, prohibited or obligatory, permissible or supererogatory. Many theorists have held that such principles must serve two distinct functions. On the one hand, they serve a theoretical function, insofar as they specify the characteristics in virtue of which acts possess their moral status. On the other hand, they serve a practical function, insofar as they provide an action-guide: a standard by reference to which a person can choose which acts to perform and which not. Although the theoretical and practical functions of moral principles are closely linked, it is not at all obvious that what enables a principle to fill one of these roles automatically equips it to fill the other. In this paper I shall briefly examine some of the reasons why a moral principle might fail to fill its practical role, i.e., be incapable of guiding decisions. I shall then sketch three common responses to this kind of failure, and examine in some detail the adequacy of one of the most popular of these responses.

The Beginnings of Formal Logic: Deduction in Aristotle’s Topics vs. Prior Analytics

Phronesis ◽  
2015 ◽  
Vol 60 (3) ◽  
pp. 267-309 ◽  
Author(s):  
Marko Malink
Keyword(s):  
Formal Logic ◽  
The Other ◽  
Distinctive Features ◽  
The One ◽  
In Virtue Of

It is widely agreed that Aristotle’s Prior Analytics, but not the Topics, marks the beginning of formal logic. There is less agreement as to why this is so. What are the distinctive features in virtue of which Aristotle’s discussion of deductions (syllogismoi) qualifies as formal logic in the one treatise but not in the other? To answer this question, I argue that in the Prior Analytics—unlike in the Topics—Aristotle is concerned to make fully explicit all the premisses that are necessary to derive the conclusion in a given deduction.

Dignity and Equality in Pufendorf’s Natural Law Theory

2019 ◽  
pp. 147-168 ◽  
Author(s):  
Simone Zurbuchen
Keyword(s):  
Social Inequality ◽  
Natural Law ◽  
Moral Status ◽  
The Other ◽  
Moral Standing ◽  
Human Beings ◽  
Other Hand ◽  
Natural Law Theory ◽  
The One ◽  
In Virtue Of

The chapter explores the ambiguity of the notion of dignity in Pufendorf’s natural law theory. On the one hand, dignity (dignatio) denotes the moral status of human beings in virtue of which they have to treat each other as equals. On the other hand, Pufendorf holds dignity and natural equality to be compatible with social inequality, notably with servitude and slavery. Moreover, when he deals with the comparative value and reputation (existimatio) of human beings, he admits that their moral status is conditioned by their readiness to behave as social beings. Human beings can thus lose their basic moral standing and are then considered as common enemies of all.

Why the West is Perceived as Being Unworthy of Cooperation

2010 ◽  
Vol 38 (3) ◽  
pp. 594-613 ◽  
Author(s):  
Gorik Ooms
Keyword(s):  
Human Rights ◽  
Social System ◽  
Natural Rights ◽  
The Other ◽  
The West ◽  
The Social ◽  
Natural Sense ◽  
The One ◽  
Sense Of Justice ◽  
In Virtue Of

Natural selection generated a natural sense of justice. This natural sense of justice created a set of natural rights; rights humans accorded to each other in virtue of being members of the same tribe. Sharing the responsibility for natural rights between all members of the same tribe allowed humans to take advantage of all opportunities for cooperation. Human rights are the present day political emanation of natural rights. Theoretically, human rights are accorded by all humans to all humans in virtue of being humans; however, the idea that the corresponding responsibility is now shared among all humans is not broadly accepted. The natural sense of justice creates an ambiguity: on the one hand humans consider the nation they belong to as the social system that should guarantee their human rights (and likewise they do not consider themselves as having responsibility for the human rights of inhabitants of other nations); on the other hand, as cooperation between nations intensifies, expectations of global mutual responsibility increase as well.

scholarly journals Not as Straight-Forward as that It’s Just ‘An Added Fuss’ – Untangling How Indian Psychiatrists Construe Domestic Human Rights Legislation

2021 ◽  
pp. 70-91
Author(s):  
Alena Kahle
Keyword(s):  
Mental Illness ◽  
Human Rights ◽  
United Nations ◽  
Mental Healthcare ◽  
People With Disabilities ◽  
The Other ◽  
Indian Government ◽  
United Nations Convention ◽  
The Law ◽  
The One

After its ratification of the 2006 United Nations Convention on the Rights of People with Disabilities (UNCRPD), the Indian government proceeded to work through a list of laws from various fields – employment, housing, healthcare, personal status – that would need to be amended to guarantee the rights in the UNCRPD. Regarding the healthcare of persons with mental illness, the law-drafters deemed it insufficient to merely amend the existing law and proceeded to draft a new, innovative mental healthcare law. When the Mental Healthcare Act (MHA) was passed in 2017, responses were strongly polarised: On the one hand, it was lauded for staying true to the vision of the UNCRPD (Duffy & Kelly, 2019), while on the other hand, especially psychiatrists heavily criticised that they anticipated the law would adversely affect their ability to treat patients

scholarly journals Peta Fiqh Mu‘âsir Muslim Progresif

2014 ◽  
Vol 7 (1) ◽  
pp. 61
Author(s):  
Iffah Muzammil
Keyword(s):  
Modern Society ◽  
The Other ◽  
Human Right ◽  
Negative Image ◽  
Islamic Jurisprudence ◽  
The One ◽  
New Situation ◽  
Modern Era ◽  
Muslim Scholars

Many contemporary Muslim scholars argue that Islamic jurisprudence (<em>fiqh</em>) is not ready to face the demands of the modern era. Modernity is so powerful that it weakens the foundation of <em>fiqh </em>on the one hand, and opens up new opportunities that cannot be reached by <em>fiqh </em>on the other. The method that <em>fiqh </em>has introduced is in itself incapable of adapting to new situation and also incapable of addressing new issues such as the issue of human right, constitusionalism and the like. It is in this context that the contemporary Muslim scholars speak out for reform in the methodology of <em>fiqh </em>as well the application of thismethodology in addressing new issues. This paper is concerned with discussing this problem by referring to the thought of some leading authority in this regard such as Abdullahi Ahmed an-Na‘im, Aboe el-Fadl and Nas}r H{âmid Abû Zayd. The paper argues that for these scholars, <em>fiqh </em>has lost its role and power in the modern society because of its discriminative trait. <em>Fiqh </em>must therefore deal with this negative image if it is to restore its influence in the modern civilization.

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