scholarly journals Persons with Intellectual Disability and Access to Justice in Nigeria: Challenges and the Way Forward

2019 ◽  
Vol 5 (2) ◽  
pp. 180 ◽  
Author(s):  
Augustine Edobor Arimoro
Keyword(s):  
Intellectual Disability ◽  
Intellectual Disabilities ◽  
Federal Government ◽  
Legal Protection ◽  
Disabled Persons ◽  
Access To Justice ◽  
Legal Aid ◽  
Persons With Disabilities ◽  
The Disabled ◽  
United Nations Convention

Conservatively, there are approximately about two million persons in Nigeria who may be referred to as persons with intellectual disabilities. These persons suffer from several challenges ranging from economic to non-inclusion in the society. In the paper, the discussion focuses on persons with intellectual disabilities and the effective access to justice as a fundamental right. The paper finds that even though Nigeria has adopted and ratified the United Nations Convention on the Rights of Persons with Disabilities, the Federal Government of Nigeria has not been proactive in supporting the persons with disabilities in the country to enjoy these rights. Furthermore, despite the provision in the 1999 Constitution of the Federal Republic of Nigeria to ensure freedom from discrimination, there is no direct effect on procedure to ensure that the rights of the disabled persons are protected. The paper proposes for a framework for the protection of the person with intellectual disability which includes legal protection, legal awareness, legal aid, adjudication and for civil society oversight of the access of persons with intellectual disabilities to justice.

scholarly journals OBLIGATION TO SUPPORT DISABLED PERSONS IN COMPLIANCE WITH THE PRESENT INTERNATIONAL LEGAL NORMS AND OTHER INTERNATIONAL PROVISIONS

2019 ◽  
Vol 5 (4) ◽  
pp. 155
Author(s):  
Ehor Nazymko ◽  
Olena Nazymko
Keyword(s):  
Older Persons ◽  
Legal Status ◽  
Legal Protection ◽  
Disabled Persons ◽  
International Standards ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Method ◽  
The Disabled

One of the fundamental social, socio-forming institutions, which are strictly protected, including through the relevant rules of the current law, is the longstanding institute of support for persons who are unable to provide for themselves through the special disability or incapacity at all. A very important socio-institutional and socio-regulatory component of such an institution is a social consensus about the support of people with physical disabilities, which is constantly reproduced and permanently required by social communities. Among many components of the mentioned consensus, of great importance was also the indispensable obligation to carry out the full, decent or at least minimally necessary financial and material and other such support, provided by law and moral and ethical tradition, first by the parents of their young and minor children, and then, in turn, by adult, legally capable children of their older persons, including disabled, socially vulnerable parents. In spite of the necessity of careful treatment by society towards the disabled, in each country, this obligation is regulated in different ways. Therefore, it seems appropriate to analyse the obligation to keep disabled persons within the meaning of current international law and other international provisions. Methodology. The goal is solved using the cognitive potential of the system of philosophical, scientific, and special methods. The analysis and synthesis made it possible to identify the signs of incapacity for work and the specifics of the responsibilities for the maintenance of disabled persons. The methods of grammatical consideration and interpretation of legal norms have contributed to the identification of universal legal constructs that can be used in the national legislation of any sovereign country of the world. The comparative-legal method allowed determining the directions of development of national legislation of sovereign countries in order to bring them into conformity with generally accepted international standards. Practical implications. The peculiarities of the social and legal status of disabled persons require scientists to develop consistent measures of the proper legal protection of their rights. This requires establishing a clear contentspectral relationship between the concepts of such vulnerable, helpless social-group categories as “older persons”, “persons with disabilities”, and “mentally retarded persons”, which implies a broad socio-physical contextual concept of “disabled person”. The national legislation of each sovereign country should provide for a mechanism developed at the international level for collecting funds for the benefit of certain socially vulnerable persons, including the disabled.

scholarly journals The ‘Disabled’ as a Subject of Law: Utopian Discourse or Pragmatic Paradigm?

1970 ◽  
Vol 3 (2) ◽  
pp. 1-23
Author(s):  
Mukherjee Gaurav
Keyword(s):  
United Nations ◽  
Legal Framework ◽  
Access To Justice ◽  
Legal Systems ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Status ◽  
International Obligations ◽  
United Nations Convention ◽  
Pragmatic Paradigm

Legal systems across the world have envisaged the ‗subjects of law‘ on the basis of gender, race or disability. The feminist school of thought opines that appropriate interventions are necessary on the identified structures that have the male non disabled as the subject of its legal discourse. The critical legal school believes that legal systems are built in ways that benefit certain groups of persons who seek to perpetuate the status quo. This paper seeks to understand the prevailing law in relation to the access to justice for individuals with disability and answer whether accommodations have been made to comply with India‘s international obligations vis-à-vis the United Nations Convention on Rights of Persons with Disabilities. It shall also be the endeavour of this paper to compare as to how the developed and developing nations fare with relation to their United Nations Convention on Rights of Persons with Disabilities obligations to ensure that persons with disability have effective access to justice within the boundaries of the legal framework. The paper also demonstrates how the Indian legal system might be altered in order to make better procedural and substantive accommodations by drawing lessons from other nations.

How Persons with Intellectual Disabilities Are Fighting for Decision-Making Rights

2022 ◽  
Vol 121 (831) ◽  
pp. 30-35
Author(s):  
Chester A. Finn ◽  
Matthew S. Smith ◽  
Michael Ashley Stein
Keyword(s):  
Decision Making ◽  
Intellectual Disability ◽  
United Nations ◽  
Intellectual Disabilities ◽  
Legal Capacity ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
New Approach ◽  
The United Nations

Paternalistic attitudes about what is in the interests of a person with an intellectual disability have long led to abuses, and are embedded in the guardianship laws still in place in most countries. Self-advocates, who identify as people with intellectual or other disabilities and are committed to demanding their rights and educating others about them, are calling for a new approach. They have found support for reforms in the Convention on the Rights of Persons with Disabilities, adopted by the United Nations in 2006 and since acceded to by 182 countries. By supporting the fundamental right of those with disabilities to make decisions, it has enabled disability rights advocates to successfully challenge legal capacity restrictions and push for “supported decision-making.”

To the question about problems in the fi eld of vocational rehabilitation of the disabled

2020 ◽  
pp. 12-23
Author(s):  
Y. A. Kulikova ◽  
A. V. Kornienko ◽  
G. V. Jukevich
Keyword(s):  
Vocational Rehabilitation ◽  
Russian Federation ◽  
Social Protection ◽  
Disabled Persons ◽  
Rehabilitation Program ◽  
The State ◽  
Disabled People ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Russian Federation

The article deals with issues related to the problem of vocational rehabilitation of disabled people. The competence of the Russian Federation in the fi eld of rehabilitation of disabled persons in the person of its Federal authorities and management, subjects of the Russian Federation and local self-government bodies is specifi ed. The content of such concepts as "services for professional rehabilitation of disabled people" in accordance with the state standard GOST R 53873-2010 Rehabilitation of disabled people is disclosed. Professional rehabilitation services for the disabled; "professional rehabilitation program" and "options for professional rehabilitation". Despite the fact that professional rehabilitation and adaptation in the workplace is an integral part of the state policy in the fi eld of social protection of persons with disabilities, there are many unresolved problems and diffi culties in this area.

Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan

2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir
Keyword(s):  
Human Rights ◽  
Minority Group ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
Federal Constitution ◽  
Norms And Values ◽  
The Disabled ◽  
The Government ◽  
The Right

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.

Recent Trends and Issues in Vocational Rehabilitation of People with ID

2016 ◽  
pp. 283-309
Author(s):  
Bijoy Kumar Dehuri ◽  
Bhavna Mukund
Keyword(s):  
Intellectual Disability ◽  
Vocational Rehabilitation ◽  
Supported Employment ◽  
Well Being ◽  
Rehabilitation Services ◽  
Persons With Disabilities ◽  
Integrated Employment ◽  
Recent Trends ◽  
People With Intellectual Disabilities ◽  
United Nations Convention

Employment has many advantages for people. Besides earning an income, work provides opportunities for social interaction, a means of structuring and occupying time, enjoyable activity and involvement, and a sense of personal achievement. Work is considered therapeutic and essential for both the physiological survival and psychological well-being of people in contemporary societies and hence it's importance in people with intellectual disability. The rights of people with disabilities have been given new attention with the entry into force of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in May 2008. The various policies, issues and trends in vocational rehabilitation of people with intellectual disabilities in existence in different countries need to be examined along with different models in existence to develop appropriate executable models whereby such rehabilitation services could be made available early in life to such individuals and after training they could be provided with supported employment or integrated employment as the case may be.

scholarly journals Discapacidad y mediación

Aldaba ◽  
2018 ◽  
pp. 99
Author(s):  
Gloria Álvarez Ramírez
Keyword(s):  
Social Environment ◽  
People With Disabilities ◽  
Equality Of Opportunity ◽  
Self Determination ◽  
Access To Justice ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Will ◽  
The Right

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.

scholarly journals Moving from the Implicit to the Explicit: ‘Spiritual Rights’ and the United Nations Convention on the Rights of Persons with Disabilities

2015 ◽  
Vol 4 (3) ◽  
pp. 103
Author(s):  
Russell Whiting ◽  
Sándor Gurbai
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Extended Period ◽  
Christian Doctrine ◽  
Persons With Disabilities ◽  
The Disabled ◽  
United Nations Convention ◽  
The United Nations

This article considers spiritual rights in relation to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It notes that unlike in other legally binding UN treaties spiritual rights is not a term covered in this convention. The purpose of the article is to explore how that exclusion happened, what it means, what lies behind it and also to suggest one way of considering how the convention might have been enriched by explicitly including spiritual rights. Firstly, the article discusses the use of the term spiritual rights. It goes on to analyse how spiritual rights are recognized in some UN treaties and not others. The article then examines the travaux préparatoires of the convention and studies how spiritual rights were excluded after an extended period of debate between delegates. The article challenges the view of some delegates that if spiritual rights is included in other conventions that should be sufficient. It uses the Christian doctrine of incarnation to explore what might be distinctive about spiritual rights for people with disabilities. Boros and Vanier’s interpretations of the doctrine are briefly considered before a fuller exploration of the “Disabled God” incarnationalism of the theologian Nancy Eiesland, who was in fact involved in the drafting of UNCRPD. The idea of the Disabled God is also shown to be meaningful outside of a Christian context with an example from Shintoism. The article concludes that whilst spiritual rights is certainly a contested term, its omission from the UNCRPD is to be lamented. 

scholarly journals Intellectual Disability Nursing

2019 ◽  
Vol 3 (2) ◽  
Keyword(s):  
Decision Making ◽  
Mental Retardation ◽  
Intellectual Disability ◽  
Developmental Disabilities ◽  
Intellectual Disabilities ◽  
Special Needs ◽  
Negative Attitudes ◽  
Persons With Disabilities ◽  
The Social ◽  
The World

Persons with mental retardation enter a group of persons with disabilities. We also use the term “persons with developmental disabilities” and “persons with special needs” but recently, for persons with mental retardation, we use the term “persons with intellectual disabilities”. Sometimes negative opinions and negative attitudes, violence and discrimination were not directed against them, but such practices were advancing to the social pattern of behavior towards them. Even today we are witnessing that there is still a pattern of behavior toward them. Although society has been educating and expanding its vision and understanding of the world around it, it often happens that their abilities and their abilities create superficial conclusions. The presence of mental retardation does not justify any form of discrimination. Although more and more institutions dealing with improving the lives of persons with intellectual disabilities, they are in some ways deprived of their own choice and decision-making.

Intellectual Disability in the Twentieth Century

2019 ◽  
Keyword(s):  
Twentieth Century ◽  
Intellectual Disability ◽  
Intellectual Disabilities ◽  
Life Stories ◽  
Policy And Practice ◽  
Persons With Disabilities ◽  
People With Intellectual Disabilities

This book provides a transnational perspective on intellectual disability in the twentieth century with contributions from distinguished authors in 14 countries across 5 continents. Each chapter outlines policies and practice from the featured nation. Life stories illustrate their impact on people with intellectual disabilities and their families. The book brings together accounts of how intellectual disability was viewed, managed and experienced in countries across the globe. It examines the origins and nature of contemporary attitudes, policy and practice; and sheds light on the challenges of implementing the UN Convention on the Rights of Persons with Disabilities (UNCPRD).

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