scholarly journals The Role of Estonian Community Settings for Achieving Independent Living for Persons with Disabilities in Eastern European Countries

2021 ◽  
Vol 9 (1) ◽  
pp. 128-142
Author(s):  
Vugar Mammadov
Keyword(s):  
Independent Living ◽  
Medical Model ◽  
Social Model ◽  
Eastern European ◽  
Community Settings ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
The Social ◽  
Medical Model Of Disability ◽  
Eastern European Countries

This article is dedicated to analysing the implementation of Article 19 (paragraphs ‘b’ and ‘c’) of the Convention on the Rights of Persons with Disabilities (hereby: the CRPD) in community settings in Estonia and how Estonian experiences can shift the development of independent living and deinstitutionalization in other non-European Union member countries of Eastern Europe. In this regard, this article depicts the details of independent living for persons with mental health problems according to the UN CRPD Committee. Furthermore, the introduction of Maarja Küla (village) SA and its role in providing independent living has been highlighted as well. Finally, the primary obstacles in Eastern European countries ahead of establishing an independent living as well as solutions for the implementation of Article 19 are underlined, and as an author, I have emphasized how to foster deinstitutionalization in the conclusion. In most congregated community settings where organizational management techniques have relied on the medical model of disability rather than the social model of disability, inhabitants suffer from legal incapacitation in most cases. These community settings had been established before the adoption of the CRPD, but gradually have been developed and adjusted to the fundamental principles of the Convention. In my view, a human rights approach has been emerging in such places, though the UN CRPD Committee has urged to rectify management methods and to promote the social model of disability.  This research paper also aims to describe the current situation in community settings that has arisen following the pandemic and to find out scientific and practical solutions to abolish the remaining elements of the medical model of disability and to substitute the human rights approach towards a social model of disability in the management and philosophical views of community settings for persons with disabilities.

Art.1 Purpose

2018 ◽  
Author(s):  
Kakoullis Emily ◽  
Ikehara Yoshikazu
Keyword(s):  
Medical Model ◽  
Social Model ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Societal Participation ◽  
United Nations Convention ◽  
Medical Model Of Disability

This chapter examines Article 1 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article sets out the purpose of the CRPD and describes its target group. It enshrines a ‘paradigm shift’ in approach to the concept of ‘disability’ in international human rights law: a shift from an approach underpinned by a ‘medical model of disability’ that views persons with disabilities as ‘objects’ of medical treatment and in need of charity; to a ‘social model of disability’, which views persons with disabilities as ‘subjects’ with rights and focuses on the barriers persons with disabilities face that may hinder their societal participation.

scholarly journals The Social Model of Disability and Music Therapy: Practical Suggestions for the Emerging Clinical Practitioner

2018 ◽  
Vol 18 (1) ◽  
Author(s):  
Robert Gross
Keyword(s):  
Music Therapy ◽  
Medical Model ◽  
Social Model ◽  
Music Therapists ◽  
Social Model Of Disability ◽  
The Social ◽  
Medical Model Of Disability ◽  
The Individual

More and more music therapists are becoming aware of the social model of disability. The social model of disability maintains that the locus of disability rests in the capacity for society to create barriers for people with physical or mental differences. Much of music therapy practice still invests in the medical model of disability, which maintains that disability is an inherent personal flaw in the individual which requires remediation. This paper argues that music therapy practice should adopt the social model of disability, and maintains that, in particular, music-centered music therapy is one theory of music therapy that resonates well with the social model of disability. The paper includes advice for the emerging music therapy clinician on how better to incorporate social model of disability perspectives in practice based on the work of previous scholars who have written extensively about the social model.

Responses of the Occupational Therapy Profession to the Perspective of the Disability Movement, Part 1

1996 ◽  
Vol 59 (1) ◽  
pp. 17-22 ◽  
Author(s):  
Judith Craddock
Keyword(s):  
Occupational Therapy ◽  
Independent Living ◽  
Medical Model ◽  
Social Model ◽  
Disabled People ◽  
Social Model Of Disability ◽  
The Social ◽  
Occupational Therapy Interventions ◽  
The Impact ◽  
Disability Movement

Since the 1960s, people with disabilities have been developing their own perspective on what it means to be disabled. At the vanguard of this development was the independent living movement which, with other organisations of disabled people, identified disabled people as a group experiencing a particular oppression, disabled by social processes and handicapped by society's lack of commitment to the creation of enabling environments. Part 1 of this article examines the genesis and development of the disability movement. The ideas and analysis that the disability movement has generated and its critique of the medical model of disability are outlined, and its impact — both ideological and legislative — is reviewed. The changing professional philosophy of occupational therapy is described and the impact on it of changing social values is assessed. Part 2 will review the explicit responses of the occupational therapy profession to the disability movement. The validity of the social model of disability for occupational therapy interventions will be considered and an analysis will be presented of the implications for the profession's philosophy and practice of the adoption of the social model of disability in appropriate areas of practice.

Lessons from the Experience of U.N. Convention on the Rights of Persons with Disabilities: Addressing the Democratic Deficit in Global Health Governance

2010 ◽  
Vol 38 (3) ◽  
pp. 564-579 ◽  
Author(s):  
Janet E. Lord ◽  
David Suozzi ◽  
Allyn L. Taylor
Keyword(s):  
Global Health ◽  
Social Protection ◽  
Medical Model ◽  
Social Model ◽  
Model Framework ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Socially Constructed ◽  
High Commissioner ◽  
Traditional Approaches

The United Nations Convention on the Rights of Persons with Disabilities (the CRPD or the Convention), adopted on December 13, 2006, and entered into force on May 3, 2008, constitutes a key landmark in the emerging field of global health law and a critical milestone in the development of international law on the rights of persons with disabilities. At the time of its adoption, the U.N. High Commissioner for Human Rights heralded the CRPD as a rejection of the understanding of persons with disabilities “as objects of charity, medical treatment and social protection” and an embrace of disabled people as “subjects of rights.”The text of the Convention itself, and the highly participatory process by which it was negotiated, signal a definitive break from previous international approaches that focused on disability within a medical model framework. In contrast to traditional approaches, the CRPD embraces a social model of disability, concentrating the disability experience not in individual deficiency, but in the socially constructed environment and the barriers that impede the participation of persons with disabilities in society.

scholarly journals PROTECTION OF PERSONS WITH DISABILITIES RIGHTS: PRINCIPLES UNDER THE CONVENTION AND THE NATIONAL CASE-LAW

Medicne pravo ◽  
2021 ◽  
pp. 86-94
Author(s):  
R. B. Hobor
Keyword(s):  
Case Law ◽  
Social Model ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
National Courts ◽  
The Social ◽  
Physical Health Problems ◽  
High Attitude ◽  
The Right ◽  
Key Resources

In spite of all the short-comings, the level of protection of rights and capabilities of people with disabilities has become a good indicator of nation’s development, and such a trend is nothing but hopeful. At the same time, one can hardly imagine that this high attitude would be attainable without the influence of left liberal ideologies, that among omnibus achievements granted the shift from medical to social disabilities model.This situation cannot stand but to resemble in a certain state of rights and capabilities exercise, and even the availability of access to the key resources is impossible to bring to the point of marginalization of the mental and physical health problems. As the analyzed material shows, left liberal ideologists,being responsible for shaping the current International Law on Persons with Disabilities, finally succeeded in promoting their principle ideas in the nation case-law. The right to water, lay down on the ship’s practice, as you will look lower, you can use the clever illustration of that relief flow, as the national judiciary can fix the development of the rights and capabilities of individuals from the same basis.The article further develops the idea, that national courts sometimes tend to use realistic approach (as invented by R. Pound, J. Llewellyn, O.W. Holmes) for the sake of implementing the social model of disability. It has been concluded that legal realism is a transmitter for left liberal values in the modern western societies.

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.

scholarly journals The repercussion of the Convention on the Rights of Persons with Disabilities in Brazilian courts

2021 ◽  
Vol 12 (4) ◽  
pp. 2601-2627
Author(s):  
Pedro Pulzatto Peruzzo ◽  
Enrique Pace Lima Flores
Keyword(s):  
Social Model ◽  
Research Focus ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Optional Protocol ◽  
The Social ◽  
Human Rights Treaties ◽  
United Nations Convention ◽  
The Impact

Abstract The United Nations Convention on the Rights of Persons with Disabilities (CRPD) was the first treaty to be incorporated as a Constitutional law, according to the determination of the Brazilian Constitution for human rights treaties. In addition, the Optional Protocol was also promulgated, recognizing the competence of the Committee on the Rights of Persons with Disabilities to supervise the application of the treaty in Brazil. This study aims to analyze the impact of the Committee and Convention in Brazilian courts, specifically in the courts that have jurisdiction to rule on cases based on treaties, that is, the Federal Justice. An extensive survey of judicial decisions was carried out in order to verify whether the protections of the treaty are applied. This research focus on the efforts to ensure the rights of persons with disabilities on the Brazilian legal system, based on the commitment to international cooperation to guarantee and promote the rights and principles announced in the CRPD, particularly regarding the social model of disability, which is the main protective concept used in the treaty.

scholarly journals A Clash of Conventions? Participation, Power and the Rights of Disabled Children

2017 ◽  
Vol 5 (3) ◽  
pp. 93-103 ◽  
Author(s):  
Ralph Sandland
Keyword(s):  
Social Model ◽  
Best Interests ◽  
Disabled Children ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Rights Of The Child ◽  
The Social ◽  
Adequate Understanding ◽  
Participation Rights ◽  
Substantive Law

This article considers the neglected topic of the relationship between the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, with regard to the participation rights of disabled children. It analyses key articles in both conventions and considers relevant general comments from both convention committees (the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities), and their interpretation by academic contributors. The article argues that much work on this topic fails to develop an adequate understanding of power relations, and that the ‘social model of disability’ which underpins the disabilities convention, when applied to ‘childhood’ (as opposed to ‘children’) suggests that the implications of that convention for the participation rights of all children, not only disabled children, are profound. This is because the disabilities convention rejects the relevance of tests of capacity and ‘best interests’ for disabled adults, for reasons which are equally germane to disabled children, and children in general. The article concludes with discussion of the difficulties in implementing the insights derived from the analysis of the disabilities convention in substantive law in the absence of a right to freedom from age discrimination for children, and suggests other, less far-reaching, reforms that could be made this notwithstanding.

scholarly journals Daouidi v Bootes Plus SL and the Concept of ‘Disability’ in EU Anti-Discrimination Law

2019 ◽  
Vol 10 (1) ◽  
pp. 69-84 ◽  
Author(s):  
Delia Ferri
Keyword(s):  
Medical Model ◽  
Social Model ◽  
Social Model Of Disability ◽  
Attitudinal Barriers ◽  
Direct Discrimination ◽  
The Social ◽  
Social Environmental ◽  
Definition Of ◽  
First Time

Daouidi v Bootes Plus SL is one the latest decisions in which the CJEU has been directly confronted with the concept of disability in the realm of EU anti-discrimination legislation. In particular, in this judgment, the Court attempted to identify when the dismissal of a worker due to temporary incapacity of an unknown duration may constitute direct discrimination on the grounds of disability. This decision appears to be significant in that, for the first time, the CJEU discusses the meaning of ‘long-term limitation’ for the purpose of Directive 2000/78. Although the Court treads carefully, it attempts to further elucidate and bring new elements to the definition of disability in EU anti-discrimination law. In spite of the fact that the Court is potentially widening the notion of disability, it appears, once again, quite reticent in its approach to the role of social, environmental and attitudinal barriers in disabling an individual, and remains somewhat ‘trapped’ in the medical model of disability. All in all, this analysis endeavors to highlight that the CJEU is struggling to move beyond a rhetorical recognition of the social model of disability and to apply this in practice.

Disability as Disjuncture: A Theory to Guide Social Work Practice

2015 ◽  
Vol 4 (1and2) ◽  
Author(s):  
Elizabeth DePoy ◽  
Stephen Gilson
Keyword(s):  
Social Work ◽  
Medical Model ◽  
Work Practice ◽  
Social Work Practice ◽  
The Body ◽  
Social Model ◽  
The Social ◽  
Full Participation ◽  
Medical Model Of Disability ◽  
Negative Stereotyping

Over the past several decades, disability and social work have become increasingly strange bedfellows, in large part due to the espousal of the medical model of disability on the part of social workers. This approach locates disability with the body as a deficit in need of repair, revision, or ongoing professional scrutiny. In opposition to this approach, disability scholars proposed the social model, which holds negative stereotyping and oppression as disabling factors, thereby creating a binary debate on cause and appropriate response to disability. We suggest that this binary is not useful in guiding social work to consider disability as a complex phenomenon, which requires multifaceted action responses. We therefore propose disability as disjuncture. This interactive model synthesizes a wealth of interdisciplinary fields to inform social work analysis and response to disability that meets the goals of advancing individual function, locating disability within a broad diversity dialog, and thus promoting equivalence of rights, choice, and opportunity for full participation for those who fit within the disability category. We conclude with exemplars of the thinking and action processes, guided by disjuncture theory, that illustrate the potency of this framework and its guiding properties for progressive social work disability practice.

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