scholarly journals The Convention on the Rights of Persons with Disabilities and the social model of health: new perspectives

2014 ◽  
pp. 74 ◽  
Author(s):  
Penelope Weller
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Social Model ◽  
Persons With Disabilities ◽  
People With Mental Illness ◽  
European Court ◽  
The Social ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Health Laws

Contemporary mental health laws are embedded in basic human rights principle, and their ongoing evolution is influenced by contemporary human rights discourse, international declarations and conventions, and the authoritative jurisprudence of the European Court of Human Rights (ECrtHR). The<em> Convention on the Rights of Persons with Disabilities</em> (CRPD) is the most recent expression of international human rights applicable to people with disability including people with mental illness.3 It provides a fresh benchmark against which to assess the human rights compatibility of domestic mental health laws.

scholarly journals LEGAL ANALYSIS OF ARTICLE 7 OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: CHILDREN WITH DISABILITIES

2017 ◽  
pp. 116
Author(s):  
IGNACIO CAMPOY CERVERA
Keyword(s):  
Human Rights ◽  
Children With Disabilities ◽  
Ad Hoc ◽  
Social Model ◽  
Legal Analysis ◽  
Persons With Disabilities ◽  
Rights Of The Child ◽  
European Court ◽  
The Social ◽  
Depth Analysis

The aim of this article is to carry out an in-depth analysis of Article 7, “Children with disabilities”, of the Convention on the Rights of Persons with Disabilities. First of all it is explained how the Article 7 is the result of two different models of human rights: the “renewed” protectionism in relation with the children’s rights and the social model in relation with the rights of persons with disabilities. After, it is explained how was the development of the creation of Article 7 within the Ad Hoc Committee which was created for the elaboration of the Convention. In an extensive section it is analysed the wording of Article 7, particularly taking account of the General Comments of the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child. Finally, the analysis of the meaning and scope of Article 7 is completed, taking into account other articles of the Convention and the jurisprudence of the European Court of Human Rights

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

14. Land Law and Human Rights

Land Law ◽  
2020 ◽  
pp. 593-629
Author(s):  
Chris Bevan
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
European Convention ◽  
Land Law ◽  
European Court ◽  
The Supreme Court ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
The Relationship

This chapter examines the relationship between land law and human rights. From a distinctly land law perspective, the human rights discourse has given rise to much debate, which continues to fuel much academic commentary including recent examination of the availability of horizontal effect in McDonald v McDonald in the Supreme Court and in the European Court of Human Rights. The chapter focuses chiefly on the two most pertinent provisions of the European Convention on Human Rights (ECHR) for land law; namely Art. 1 of the First Protocol and Art. 8 and reflects on the, at times, difficult relationship between land law and human rights.

scholarly journals Religion, culture, and discrimination against persons with disabilities in Nigeria

2016 ◽  
Vol 5 (1) ◽  
Author(s):  
Edwin Etieyibo ◽  
Odirin Omiegbe
Keyword(s):  
Mental Illness ◽  
Oculocutaneous Albinism ◽  
Social Model ◽  
Social Environments ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
People With Mental Illness ◽  
The Social ◽  
Angular Kyphosis ◽  
Nigerian Government

Background: There is not a lot in the literature on disability in Nigeria concerning the role that religion, culture and beliefs play in sustaining discriminatory practices against persons with disabilities.Objectives: Many of these practices are exclusionary in nature and unfair. They are either embedded in or sustained by religion, culture and beliefs about disability and persons with disabilities.Methods: Drawing on various resources and research on disability, this paper looks at these practices in respect of these sustaining factors. Some of the discriminatory practices that constitute the main focus of the paper are the trafficking and killing of people with mental illness, oculocutaneous albinism and angular kyphosis, raping of women with mental illness and the employment of children with disabilities for alms-begging.Results: The examination of these practices lends some significant weight and substance to the social model of disability, which construes disability in the context of oppression and the failure of social environments and structures to adjust to the needs and aspirations of people with disabilities.Conclusion: Given the unfairness and wrongness of these practices they ought to be deplored. Moreover, the Nigerian government needs to push through legislation that targets cultural and religious practices which are discriminatory against persons with disabilities as well as undertake effective and appropriate measures aimed at protecting and advancing the interests of persons with disabilities.

Globalization and Multi-cultural Knowledge of Human Rights

1998 ◽  
pp. 7-14
Author(s):  
Jay Drydyk
Keyword(s):  
Human Rights ◽  
Cultural Knowledge ◽  
Secretary General ◽  
The Self ◽  
Political Movement ◽  
Amnesty International ◽  
Political Experience ◽  
The Social ◽  
Rights Discourse ◽  
Human Rights Discourse

Responding to a call by Pierre Sané, Secretary-General of Amnesty International, for a worldwide political movement to overcome the social damage that has been wrought by economic globalization, this paper asks whether such a movement can invoke current conceptions of human rights. In particular, if human rights are Euro-centric, how well would they serve the self-understanding of a movement that is to be global, culturally pluralistic and counterhegemonic to Northern capital? I argue that it is not human rights that are Eurocentric, but only certain conceptions of human rights. Properly understood, human rights are justifiable from within all cultures. Moreover, current conceptions of human rights are not as narrow as they were in 1948, when the Universal Declaration was drafted. Nearly five decades of international dialogue have transformed human rights discourse in ways that are profoundly anti-Eurocentric, and further transformations are already underway. There are resources of moral and political experience, within all cultures, which argue strongly in favor of these transformations. Therefore, a more consistent and more complete knowledge of human rights can emerge cross-culturally if the dialogue is not abused and if the relevant moral and political experience is let into the dialogue from all quarters.

scholarly journals Involuntary Detention and Treatment: Are We Edging Toward a “Paradigm Shift”?

2020 ◽  
Vol 46 (2) ◽  
pp. 231-235 ◽  
Author(s):  
George Szmukler
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorder ◽  
Paradigm Shift ◽  
Treatment Decision ◽  
Physical Illness ◽  
Persons With Disabilities ◽  
Health Laws

Abstract Recent challenges to conventional mental health laws concerning involuntary detention and treatment of persons with a mental disorder have led to proposals, or indeed an insistence, that fundamental reform is necessary. A key theme has been the need to eliminate unfair discrimination against people with a mental disorder because their human rights are not respected on an equal basis with other people. Some proposals depart radically from conventional assumptions concerning the justification of involuntary detention and treatment. One is a “fusion law,” a generic law applying to all persons lacking the ability to make a treatment decision, whether resulting from a “mental” or “physical” illness. An authoritative interpretation of the UN Convention on the Rights of Persons with Disabilities (2006) goes so far as to maintain that involuntary interventions are a violation of the Convention.

scholarly journals The victim and the criminal process: an analysis of recent trends in regional and international tribunals

Legal Studies ◽  
2003 ◽  
Vol 23 (1) ◽  
pp. 1-32 ◽  
Author(s):  
Jonathan Doak
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Human Rights Law ◽  
Clear Trend ◽  
Criminal Process ◽  
European Court ◽  
Recent Trends ◽  
International Tribunals ◽  
Rights Discourse ◽  
Human Rights Discourse

This paper examines the recent trends in regional and international tribunals that relate to the position of the victim in the criminal process. Recent decisions in both the European Court of Human Rights and other international tribunals have illustrated a new and progressive attitude towards the role of the crime victim. This can be attributed, in part, to the breakdown of the public/private divide in human rights law and the mutually expanding parameters of both human rights discourse and criminal law. It is argued here that cross-fertilisation between these disciplines, which is widely evident in current policy making and judicial decision-making, has meant that the traditional failures of human rights law and the criminal law to protect victims are being addressed – at least to some extent. A line of European and international case law has developed which suggests that victims of crime have acquired a number of enforceable substantive rights, similar to those held by victims of abuse of power. While the potential for victims to be further empowered will always be inherently limited in adversarial jurisdictions, it is none the less a welcome development that a clear trend is emerging which indicates that international policy makers and tribunals are viewing criminal justice issues in a much more holistic manner.

Genetic Determinism and Discrimination: A Call to Re-Orient Prevailing Human Rights Discourse to Better Comport with the Public Implications of Individual Genetic Testing

2007 ◽  
Vol 35 (2) ◽  
pp. 282-294 ◽  
Author(s):  
Karen Eltis
Keyword(s):  
Human Rights ◽  
Genetic Testing ◽  
Social Stigma ◽  
Vulnerable Groups ◽  
Social Risks ◽  
The Social ◽  
Rights Discourse ◽  
The Individual ◽  
Study Participants ◽  
Human Rights Discourse

“Privacy considerations no longer arise out of particular individual problems; rather, they express conflicts affecting everyone.”Along with the promise of assuaging the scourge of disease, the so-called genetic revolution unquestioningly imports a slew of thorny human rights issues that touch on matters such as dignity, disclosure, and the subject of this article – genetic testing and the social stigma potentially deriving therefrom.It is now rather evident that certain otherwise therapeutically promising forms of research can inadvertently involve social risks exceeding the individual preoccupations of eclectic study participants. With that as the case, the following proposes to examine the peculiar stigma attached to genetic information and its potential human rights implications extending beyond the insurance and employment context. In so doing, it raises the intersection of interests between self-identified members of historically vulnerable groups and the group itself, which the law seems to take for granted in the genetics context.

scholarly journals The Politics of Victimhood in Human Rights Violations: The Case of the Erased Residents of Slovenia

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Barbara Gornik
Keyword(s):  
Human Rights ◽  
Former Yugoslavia ◽  
European Convention ◽  
The Political ◽  
Human Rights Violations ◽  
Compensation Scheme ◽  
European Court ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Permanent Residents

During the process of gaining national independence the Slovenian government unlawfully erased 25,671 individuals, mainly citizens of other republics of the former Yugoslavia from the Slovenian Register of Permanent Residents. In 2012 the European Court of Human Rights in the case of Kurić and others vs. Republic of Slovenia held that there had been a violation of the 8th, 13th and 14th Articles of the European Convention on Human rights. Following this judgement the Slovenian government adopted a compensation scheme for the Erased introducing the criteria determining conditions for their redress. The article reflects on the political and legal construction of victimhood and reveals the notions of political loyalty, legal conformity and territorial attachment as one of the most decisive elements of victimhood. It shows that the subjectivity of victims in the case of the Erased is not defined within the human rights discourse but is grounded in nationalist terms.

scholarly journals Human Rights: Setting the Stage for Protecting Refugee Women

Refuge ◽  
1998 ◽  
pp. 31-36
Author(s):  
Maryanna Schmuki
Keyword(s):  
Human Rights ◽  
Social Construction ◽  
Women Refugees ◽  
Refugee Women ◽  
Human Rights Regime ◽  
The Social ◽  
Women’S Human Rights ◽  
Rights Discourse ◽  
Women's Human Rights ◽  
Human Rights Discourse

This paper explores the social construction of women refugees from the perspective of the human rights regime with an eye to revealing whether the voices of refugee women are reflected. To this end the paper examines the development of women refugees as a category within human rights discourse and how this category has been bolstered by the concept of women's human rights within the last decade.

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