scholarly journals Aplicación de los ajustes razonables en Qatar. Un análisis sobre la garantía de la igualdad de las personas con discapacidad en el derecho común qatarí = Application of reasonable accommodation in Qatar. An analysis on the guarantee of the equality of persons with disabilities in the Qatari Law

Author(s):  
Rafael de Asís Roig ◽  
María Carmen Barranco Avilés ◽  
María Laura Serra ◽  
Patricia Cuenca Gómez ◽  
Francisco Javier Ansuátegui Roig ◽  
...  

RESUMEN: Este trabajo considera la conceptualización y aplicación de la figura de los ajustes razonables en Qatar tras nueve años desde la ratificación de la Convención sobre los Derechos de las Personas con Discapacidad (CDPD). En él se trata de analizar la situación de igualdad y no discriminación de las personas con discapacidad utilizando como medida de impacto la figura de ajustes razonables. El artículo destaca las principales fallas y virtudes del Estado de Qatar respecto a esta figura y traza un camino a fin de poder avanzar en la inclusión de las personas con discapacidad a la luz de la CDPD. ABSTRACT: This paper considers the conceptualization and application of reasonable acommodation in Qatar after nine years since the ratification of the Convention on the Rights of Persons with Disabilities (CRPD). It analyzes the situation of equality and non-discrimination of people with disabilities using the figure of reasonable adjustments as an impact measure. The article highlights the main failures and virtues of the State of Qatar regarding reasonable accommodation and draws a path to move forward in the inclusion of people with disabilities in the light of the CRPD. PALABRAS CLAVE: ajustes razonables, igualdad, CDPD, Qatar. KEYWORDS: reasonable accommodation, equality, CRPD, Qatar.

2021 ◽  
Vol 24 (2) ◽  
pp. 5-9
Author(s):  
Tatyana N. Ananyeva ◽  
Galina I. Ilyukhina ◽  
Yulia V. Sazonova

Human health and well-being largely depend on a sufficient standard of living, educational opportunities and participation in social and social life, and successful professional activities. It should be recognized that in the surrounding society it is in these areas of life that people with disabilities and disabilities are especially disadvantaged, but not neglected by society and the state. Currently, in the Russian Federation, the State programme Accessible Environment is being implemented to support and assist persons with disabilities and disabilities, with the aim of creating legal, economic and institutional conditions conducive to the integration of persons with disabilities into society and improving their quality of life. The programme contains three subprogrammes that are effectively implemented in modern society, namely: (1) Ensuring the accessibility of priority facilities and services in priority areas of life of persons with disabilities and other mobile populations; (2) Improvement of the system of comprehensive rehabilitation and habilitation of persons with disabilities; (3) Improvement of the state system of medical and social expertise. The organizers of the Abilimpix social movement were able to demonstrate to people with disabilities their individual capabilities and prospects for accessibility to all types, forms and means of obtaining knowledge and professional skills, their effective application in practice.


2019 ◽  
Vol 2 (XIX) ◽  
pp. 151-167
Author(s):  
Maciej Borski

Naturally, it is the family who is predestined to take care of people with disabilities. However, they cannot be left alone with all their problems. What turns out to be necessary is the support from the state. It seems that nowadays public authorities recognize the necessity, however, they are trying to achieve the goal with the least possible financial involvement. What might constitute a very good example confirming the thesis is the long-term negligence of the state in the area of assistance to carers of persons with disabilities in the form of the so-called respite care. The author’s objective was to set this institution in a broader context of support for carers of persons with disabilities. For this purpose, what will be elaborated on is not only the origins and current legal measures functioning in Poland, but also those in selected European countries.


Author(s):  
Adam Mikrut

The authorities of the Republic of Poland have ratified the Convention on the Rights of Persons with Disabilities and have undertaken the responsibility to implement such changes in the internal law and in social policy which aim at ensuring full and equal enjoyment of all rights and freedoms by people with disabilities and preventing their discrimination in different aspects of life. One of the ways of fulfilling this commitment is described as ‘reasonable accommodation’. The author of this article has attempted to find manifestations of such activities in the field of school legislation and its practical examples. As a result, it turned out that in the analysed area many solutions are in line with the spirit of the ‘reasonable accommodation’.


2021 ◽  
pp. 109-132
Author(s):  
Macario Alemany

This article addresses "political correctness" (PC) regarding the rights of people with disabilities and specifically the state of the question in Spain. First, we focus on the expression itself and clarify what is understood by PC. This implies reviewing, albeit briefly, the main conceptual and ideological framework PC is grounded in. Second, we describe the new conceptualisation of disability given by the United Nations Committee on the Rights of Persons with Disabilities, tasked with ensuring compliance with the Convention on the Rights of Persons with Disabilities. In Spain, this Convention is about to give rise to substantial legislative reforms in civil and procedural matters, leading to a turnaround in the way the matter has been traditionally treated. Thirdly, we expose a critique of the demands to turn "functional diversity" into the sole politically correct expression to refer to the condition of people with disabilities. To finish, I come back to the question of PC and present my position on the effects of this doctrine on the prevention of discrimination against marginalised groups.


2021 ◽  
pp. 104420732110063
Author(s):  
Jody Heymann ◽  
Elizabeth Wong ◽  
Willetta Waisath

People with disabilities experience significantly worse employment outcomes than individuals without disabilities. In a study of 91 countries, employment-to-population ratios were significantly lower for people with disabilities. Moreover, studies find clear evidence of discrimination in wages, training, and promotions. The United Nations (UN) Convention on the Rights of People with Disabilities (CRPD) commits countries to enact legislation prohibiting discrimination and guaranteeing reasonable accommodation. However, there has yet to be a global systematic analysis of the extent to which countries are upholding their CRPD commitments. We built the first global database to document employment-related legislative provisions in all countries for persons with disabilities. We report on non-discrimination protections and reasonable accommodation across all 193 UN member states. We find progress and ongoing gaps. Sixty-two percent of countries broadly prohibit disability-based employment discrimination, but far fewer prohibit indirect discrimination (33%) and harassment (30%). Just over half (52%) of countries guarantee reasonable accommodation to workers with disabilities. Similarly, just over half of countries (53%) do not prohibit pay discrimination or discrimination in promotion/demotion. In conclusion, we discuss the need to address gaps in national legislation and to enhance efforts to implement and enforce existing legal rights.


2015 ◽  
Vol 63 (3Sup) ◽  
pp. 67-74 ◽  
Author(s):  
Karin Garzón-Díaz

<p><strong>Resumen</strong></p><p><strong>Antecedentes. </strong></p><p>Los estudios sobre discapacidad históricamente han contado con diferentes racionalidades epistemológicas, que a su vez, han permeado discursos y prácticas sociales sobre las realidades de las personas con discapacidad y sobre la forma y contenido como un Estado enuncia sus políticas públicas. Categorías como opresión, exclusión y marginación han sido constantes en la representación que hacen las sociedades de la discapacidad, así como en la emergencia de modelos teóricos que intentan interpretar su complejidad como un asunto de impacto económico, político, cultural y social. El papel de las narrativas se convierte en un recurso de análisis para contribuir a la comprensión de la situación.</p><p><strong>Objetivo. </strong></p><p>Describir narrativas de niños y niñas en relación con la situación de discapacidad.</p><p><strong>Material y métodos. </strong></p><p>A partir de un taller pedagógico, se exploraron percepciones de niños y niñas en cuatro instituciones educativas en la ciudad de Bogotá, D.C. a través del análisis de contenido del discurso.</p><p><strong>Resultados. </strong></p><p>La implicación de los niños y niñas, en relación con las realidades de las personas con discapacidad, fue una constante: la racionalidad de sus narrativas refleja las posibilidades de contar con formas de vida en común.</p><p><strong>Conclusión. </strong></p><p>El sistema de valores y las subjetividades se convierten en movilizadores en las formas como un Estado representa igualdad y realización humana. Las narrativas empleadas en concertación y orientación de políticas públicas ocultan contenidos de discriminación y generan sesgos que afectan la calidad de vida de las personas con discapacidad, sus familias y la sociedad misma.</p><p><strong>Palabras clave: </strong>Narrativas personales; Niños; Personas con discapacidad; Política pública (DeCS).</p><p><strong>Summary</strong></p><p><strong>Background. </strong>Historically, Disability studies have had different epistemological rationalities which have permeated speeches and social practices about the realities of persons with disabilities and about the form and content in which a State enunciates its public policies. Categories such as oppression, exclusion, and marginalization have been a constant in the representation that societies make about disability, as well as the emergence of theoretical models that attempt to interpret its complexity as a matter of economic, political, cultural and social impact. The role of narratives becomes a resource of analysis to contribute to the understanding of the situation.</p><p><strong>Objective. To </strong>Describe narratives of children with respect to disability situations.</p><p><strong>Material and methods.</strong></p><p>From a pedagogical workshop, perceptions of children were explored in four educational institutions in Bogotá city through the analysis of the speech content. </p><p><strong>Results</strong></p><p>The involvement of children in relation to the realities of people with disabilities was a constant; the rationality of their narratives reflects the possibilities of considering life styles in common.</p><p><strong>Conclusion</strong></p><p>Values system and subjectivities become a dynamic role in the ways in which a State portrays equality and human accomplishment. Narratives used in the establishment and guidance of public polices hide contents of discrimination and create biases that affect the quality of life of disabled people, their families and society itself.</p><p><strong>Key words: </strong>Personal narratives; Childhood; People with disabilities; Public policy (MeSH).</p>


2020 ◽  
Vol 8 (3) ◽  
pp. 45-57
Author(s):  
Andrii Zhorniak

The article examines the impact of political processes caused by political decisions of various branches of government, and their consequences for the participation of persons with disabilities in the socio-political life of the state. The legislation of Ukraine on the regulation of public relations in terms of integration of persons with disabilities into society through employment is analyzed. Emphasis is placed on the dynamics of growth in the number of people with disabilities, which is associated with the general aging of the population and increasing the risk of disability, the reduction of economic activity in this category, which in some countries translates it into subsidies at the state level. The normative regulation of integration processes and stimulation of labor activity of persons with disabilities in the developed countries of the world is considered. It was found that the policy aimed at social integration of people with special needs needs to be modernized and improved at all levels, including the activities of local governments, national and international level. The author notes that only in synergy and joint work, using common socio-political tools, it is possible to achieve the inclusion of people with disabilities in the life of communities and achieve high results in the development of the state. Based on the declared, defined in the Constitution of Ukraine content, activities, directions and direction of development of the state in relation to the citizen of Ukraine, it is proved that the relationship of every citizen, not excluding people with special needs, should be considered as a union of power-man relations. And if a person with a disability has the right, it means that the state is obliged to provide him with the opportunity to exercise this right. It was stressed that social security, which guarantees the right of a citizen to a decent standard of living, should not be limited to the payment of benefits, subsidies, but should be aimed at creating conditions for "disclosure" in various spheres of public life, including formal employment. It is proved that in Ukraine there are measures to create conditions aimed at socialization and participation of persons with disabilities in the life of the state. But given that at the constitutional level, persons with disabilities have equal rights along with other categories of citizens, there is a need to amend the Constitution in order to improve the legal framework for persons with disabilities, as the terms "equality" and "non-discrimination" in relation to the disabled are not identical and differ significantly in content. According to the author, this will allow to realize the strategic goal of a modern civilized state - to provide high living standards for its citizens, taking into account the category of people with special needs.


2021 ◽  
Vol 10 ◽  
pp. 538-547
Author(s):  
Faissal Malik ◽  
◽  
Syawal Abduladjid ◽  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini ◽  
...  

The purpose of this research is to find out how the principles of legal protection for persons with disabilities and how the implementation of legal protection for persons with disabilities. Indonesia has strong legal principles in making Indonesia a constitutional state with the existence of regulations on guarantees for the protection and empowerment of persons with disabilities which are reflected in; Pancasila as the state philosophy, the Preamble of the 1945 Constitution, Law, TAP MPR, Conventions and International Declarations on human rights. Likewise, legal recognition of persons with disabilities can be seen from the regulations, both Indonesian state regulations, and regulations, or international organizations that provide legal guarantees for the rights of persons with disabilities.


2019 ◽  
pp. 295
Author(s):  
KATARZYNA WOJEWODA-BURACZYŃSKA

Support for people with disabilities is a constitutional obligation imposed on the state. The problem of disability is noticed not only at the state level, but also at the international level. This is evidenced by documents adopted by the international community regarding the rights of people with disabilities. The interest of the international community in the problems of people with disabilities has led to the creation of special mechanisms for financing the support of this social group. In Poland, funds from the European Union go to a special part of the budget – budgets of European funds. The article is devoted to the general characteristics of the budget of European funds, with particular reference to the rules of spending money. The article also discusses the financial instruments for supporting people with disabilities financed from the European budget. The revenue of the European funds are European funds. It is worth noticing that the catalogue of European funds does not involve all funds from EU budget as well as funds received as part of the aid granted by the Member States of the European Free Trade Association. However, the expenditure of European funds is the expenditure on the implementation of programmes co-financed from European funds in part that is eligible for a refund. This expenditure can acquire the form of expenditure eligible for a refund incurred by the state budgetary units or advances paid to other beneficiaries. Despite that the revenue and expenditure of European funds constitute at the same time the revenue and expenditure of the state budget, the outcome of the European funds has no impact on the level of the surplus or deficit of the state budget. In the light of the clear connection between the revenue and expenditure included in European funds and the programmes, the support of persons with disabilities from European funds is possible only when the programme financed from these funds involves activities of this type. In order to determine the scope of support available for persons with disabilities, it is vital to analyse the content of programmes financed from European fundsindicated in the annexes to the Budget Act for tasks addressed to persons with disabilities that are possible to be implemented as part of their framework.


2020 ◽  
Vol 10 (6) ◽  
pp. 129-136
Author(s):  
ALEKSANDR BUGROVSKII ◽  

There is a research gap in the study of interest groups in the social sphere, arguing the possibility of examination the activities of all-Russian public organizations of the disabled, blind, and deaf in interaction with the state authorities in the Russian system of social protection of disabled people. The context of reforming the social sphere in Russia is important because it is suggesting the opposite to conservative principles the transition to market relations and effective management of institutions of social protection. The researchers consider public organizations created in the USSR as of “the power transmission belts” of the state, however these actors may represent interest groups preserving the conservative practices in the social sphere. The aim of the article is to verify whether all-Russian public associations of people with disabilities are interest groups in Russian social policy. The investigation compares the actions of conservative nongovernmental organizations with the theoretical characteristics of interest groups. To argue that the selected actors promote certain interests in the social protection system, a review of the research literature of characteristics of interest groups was conducted. Then, the characteristics were traced in the statutory activities of the investigated organizations. The analysis of the legislation and statutory activities of All-Russian organizations of people with disabilities revealed the possibilities of the organizations to influence political decision-making in relation to persons with disabilities, as well as to contribute to the persistence of the conservative course of social policy, despite the introduced innovations in Russian legislation.


Sign in / Sign up

Export Citation Format

Share Document