The right to move of the disabled' as a basic right

2021 ◽  
Vol 38 (4) ◽  
pp. 77-110
Author(s):  
Changseok Park
Keyword(s):  
2006 ◽  
Vol 58 ◽  
pp. 1-22
Author(s):  
Jonathan Wolff

Utilitarianism has a curious history. Its most celebrated founders—Jeremy Bentham and John Stuart Mill—were radical progressives, straddling the worlds of academic philosophy, political science, economic theory and practical affairs. They made innumerable recommendations for legal, social, political and economic reform, often (especially in Bentham's case) described in fine detail. Some of these recommendations were followed, sooner or later, and many of their radical ideas have become close to articles of faith of western liberalism. Furthermore many of these recommendations were made expressly to improve the condition of the deprived, or of oppressed groups. Yet the moral theory which inspired this reforming zeal is, at least officially, utilitarianism, and when we teach this theory to our students we feel it our duty to point out the horrors that could be justified by any theory which assesses the moral quality of actions in terms of the maximization of good consequences over bad. No consequence is so bad that it cannot, in principle, be outweighed by a large aggregation of smaller goods. Hence there are circumstances in which utilitarianism can require slavery, the punishment of the innocent, and redistribution of resources from the poor to the rich, or from the disabled and the sick to the able bodied and healthy. Indeed, in the right circumstances, it can justify pretty much anything you can think of. For all their intelligence and imagination neither Bentham nor Mill seemed to recognise or discuss these catastrophic possibilities.


2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir

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.


Aldaba ◽  
2018 ◽  
pp. 99
Author(s):  
Gloria Álvarez Ramírez

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.


1987 ◽  
Vol 4 (4) ◽  
pp. 278-292 ◽  
Author(s):  
Gail M. Dummer ◽  
Martha E. Ewing ◽  
Rochelle V. Habeck ◽  
Sara R. Overton

The attributions of 147 athletes with cerebral palsy who participated in the 1985 National Cerebral Palsy/Les Autres Games were investigated following competition relative to their reactions to objectively and subjectively defined success or failure. Attributions were the dependent variable in a 2 × 2 (More-Disabled/Less-Disabled × Win/Loss) MANOVA. Attributions were also analyzed in a 2 × 4 (More-Disabled/Less-Disabled × Satisfied/Dissatisfied, Winner/Loser) MANOVA designed to determine the influence of perceived success or failure upon causal explanations of performance. There were no significant differences in the use of attributions by gender; however, there were differences in the use of attributions across disability classifications. Disabled winners used both internal and external explanations to a greater degree than losers, which was inconsistent with previous literature. Previous results linking persistence in sport to the use of internal and stable attributions were supported. Subjective outcome, defined in terms of satisfaction with performance, was a more powerful explanation of achievement behavior for the disabled athletes in this study than objective outcome. Satisfaction was associated with demonstration of positive qualities such as using the right strategy and ability, with realistic assessment of ability, and with enjoying competition.


2021 ◽  
pp. 107-126
Author(s):  
Biljana Milanović-Dobrota ◽  
Aleksandra Đurić-Zdravković ◽  
Mirjana Japundža-Milisavljević ◽  
Sara Vidojković

In spite of the legal framework intended for the promotion and protection of rights of the disabled, such persons are still facing significant difficulties in the labour market. Intellectually disabled persons are in a particularly difficult position, primarily due to the negative perceptions held by citizenry which stem from the lack of knowledge and information about their labour potentials. We conducted research in order to determine the most prevalent obstacles in the employment of intellectually disabled persons, as perceived by employed non-disabled persons. The research comprised a sample of 269 subjects of both sexes, of differing educational levels and employed in the private and public sector in the Republic of Serbia. The analysis of the attained results points to the need for certain kinds of educational interventions, whose programmes would improve the knowledge and awareness of employed persons regarding the right to work of intellectually disabled persons, promote diversity and create an inclusive working environment. The different modes of training, reinterpretation and transformation of previous experience, informing and establishing positive contacts with intellectually disabled persons, conducted by a multidisciplinary team of experts would establish a stable base for the removal of obstacles in the employment process.


Ekonomia ◽  
2019 ◽  
Vol 24 (3) ◽  
pp. 97-113
Author(s):  
Agnieszka Sadowa

Housing conditions as a determinant of the quality of life of disabled people, based on the example of people with sight dysfunctionOne of the basic needs of a person is to have a place to live. Virtually everyone dreams of having their own place, to relax and feel safe. Such a space is an important place for people with disabilities, because it is often the only place that is tailored to their needs, where they feel safer than in any other spaces. Every citizen of the country has the right to housing, which is provided by numerous docu­ments and regulations.The purpose of this article is to evaluate the impact of housing conditions on the quality of life of people with disabilities. The following thesis has been formulated in the work: the disabled aim to improve the quality of their lives by changing housing conditions.Literature sources have been reviewed to define basic concepts, the results of previous studies have been correlated. After accessing the database, the results of the research carried out in March 2015 by the foundation “Nie widzę problemu” literally meaning “I do not see the problem” with involvement of employees and students of the University of Wroclaw have been compiled.The analysis shows that respondents most often live together with their parents and spend a large part of their income on purchases related to household appliances. As much as 60% of re­spondents do not own a flat. Approximately 68% find the buildings they live in are not suited to their needs, however only 23% of them try to get social housing.Translated by Karolina Riemel


2019 ◽  
Vol 4 (3) ◽  
pp. 315
Author(s):  
Kholis Rroisah ◽  
Wendy Budiati Rakhmi

Freedom to gain knowledge, information and technology is very important by everyone including blind people which one realized the right of access to literary works through the Marrakesh Treaty 2013. Regulation about facilitating access to copyright of published works for blind people in Indonesia is still considered inadequate to give protection in the implementation of freedom to gain knowledge. This study applied normative juridical approach described descriptive-analytically. Accessibility to the scientific work of the blind people is a part of human rights which must be respected, protected and fulfilled by the State. The Government has an important role in the realization of the wider access of the disabled by formalizing the governmental regulation in accordance with the mandate of Article 44 paragraph (4) of the Copyright Act 2014 and the Government shall immediately establish The Disabilities National Commission granted the authority and responsibility to fulfill the facilitation of access for blind people and limited reading by guiding Marrakesh Treaty or by looking at other country's regulatory practices.


2017 ◽  
Vol 2 (1) ◽  
pp. 92
Author(s):  
Kuni Nasihatun Arifah

The fulfillment of Human Rights is one of the indicators of a Legal State, Indonesia as a State of law mandated in the body of the 1945 Constitution of the State's obligation to fulfill human rights for every citizen of his country without exception including to the disabled, disabled is one of the citizens who are prone to discrimination. Perda Kota Surakarta No.2 Year 2008 about disability equality regulates the rights and obligations of the disabled and the obligation of government in realizing equality of disability including physical accessibility in public transportation and public service. In order to implement the regulation, regulation can be implemented. The form of impelemntasi aksebilitas public transportation facilities in Surakarta is with the BST (Bus Trans Surakarta) , halte bus and bus Begawan Abiyasa. After  implementation is run, there is an effort to increase Accessibility that is with the supervision of local regulations, the construction of tirtonadi terminal, and coordination.Hambatan that the Government in the effort to fulfill the right of accessibility Public transportation is a matter of funds and coordination between agencies.The result of the research shows that the implementation of the rights of  Perda No.2 of 2008 on disability equality in Surakarta through three processes namely socialization, coordination and implementation and supervision and assessment, all of which have been running well but still require a lot of improvement especially in terms of coordination of implementation.


2020 ◽  
Vol 1 (1) ◽  
pp. 56-76
Author(s):  
Sholikul Hadi

  In the 1970s and 1980s, scientific studies on Islamic economics and finance in the Middle East and other Muslim countries were initiated, which resulted in the establishment of the Islamic Development Bank and banks and other institutions labeled Islam. In fact, the scope of Islamic economics is much broader than just Islamic finance. The author agrees with Taqyuddin An-Nabhani, that generations of Muslims have been fascinated with Capitalist thinking, because they see its success, without fully understanding the reality of its thoughts, even to the inferior feeling (inferiority) of Islam's ability to produce solutions. The purpose of this research is to examine Umar ibn Khattab's policies in distributing Baitul Maal property and to find out the implications of Umar ibn Khattab's policies on today's economy. This research is a literature research (Library Research) with a historical approach, and collects data from primary materials, namely books concerning Umar ibn Khattab's policies and secondary data, namely relevant supporting books. The stages of this research are the analysis of text or phenomena into its components, grouping the same statements and actions into one component, identifying rules that unite various categories, identifying universal rules that construct statements and inter-relations of actions, and systematics of rules obtained through text procedures. or action. The results of this study, namely that during his caliphate, Umar ibn Khattab had made the necessary regulations and took every possible step to ensure that no one was left to starve, without clothing or a place to live in an Islamic country, including the disabled, helpless. because of illness, old age, widows, unemployment, poor people, people who need assistance regardless of caste, skin color, or beliefs are given financial assistance from Baitul Maal. Umar ibn Khattab's policies can be implied in today's economy, such as the prohibition of selling other people's property without the knowledge of the owner, government intervention in the market, prohibition of hoarding assets, reviving dead land, land ownership limits, on found goods, property that is lawful for the government, and criteria for people who have the right to be prioritized for holding and holding government mandates.    


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