scholarly journals Hak atas Pekerjaan bagi Penyandang Disabilitas di Sektor Publik: Antara Model Disabilitas Sosial dan Medis

2021 ◽  
Vol 4 (1) ◽  
pp. 1-48
Author(s):  
Muhammad Dahlan ◽  
Syahriza Alkohir Anggoro
Keyword(s):  
Human Rights ◽  
Public Sector ◽  
Medical Model ◽  
Legal Framework ◽  
Educational Background ◽  
Social Model ◽  
Persons With Disabilities ◽  
The Public ◽  
Medical Model Of Disability ◽  
The Government

The opportunity to fulfill the rights to work for persons with disabilities has been increasing since the ratification of Convention on the Rights of Persons with Disabilities (CRPD). Indonesia has adopted a “quota scheme” through the Law Number 8 of 2016 on Persons with Disabilities where government institution has set a minimum quantity of two percent as the number of workers for persons with disabilities as affirmative action targeted at promoting human rights. This article examines the progress of the legal framework for persons with disabilities by using a case study in civil cervants in the public sector. We argue that despite Indonesia’s disability legal regime has pushed the social model of disabilities that promotes human rights-based approach, its implementation is still based on the medical model of disability, in which it sees persons with disabilities on physical condition, and thus, they are assumed to be able to work in a certain field determined by the government. This article argues that affirmative policy does not provide equal opportunities to persons with disabilities as the special formation and medical requirements prevent them from applying for occupations that match their interests and educational background. The use of the medical model of disability in providing employment opportunities in the public sector prevents the level of participation and the formation of an inclusive workplace environment. Abstrak Peluang untuk memenuhi hak atas pekerjaan bagi para penyandang disabilitas terus meningkat sejak ratifikasi Convention on the Rights of Persons with Disabilities (CRPD). Indonesia mengadopsi “skema kuota” melalui UU Nomor 8 Tahun 2016 tentang Penyandang Disabilitas di mana institusi negara menetapkan minimal dua persen jumlah formasi pekerja bagi para penyandang disabilitas sebagai tindakan afirmatif yang ditargetkan untuk mempromosikan hak asasi manusia. Artikel ini memeriksa sejauh mana kerangka kerja hukum disabilitas di Indonesia memfasilitasi pemenuhan hak atas pekerjaan bagi penyandang disabilitas dengan menggunakan contoh kasus pada penyelenggaraan ketenagakerjaan di sektor publik. Kami berpendapat bahwa meskipun rezim hukum disabilitas di Indonesia menekankan model sosial disabilitas yang mempromosikan pendekatan berbasis hak asasi manusia, implementasinya masih didasarkan pada model medis disabilitas yang memandang penyandang disabilitas berdasarkan kondisi fisik dan karenanya diasumsikan hanya dapat masuk pada bidang pekerjaan yang telah ditentukan oleh negara. Artikel ini berpendapat bahwa kebijakan afirmatif tidak memberikan peluang yang setara bagi penyandang disabilitas karena formasi khusus dan persyaratan medis menghambat mereka untuk melamar pada bidang pekerjaan yang sesuai dengan minat dan latar belakang pendidikannya. Penggunaan model medis disabilitas dalam penyelenggaraan kesempatan kerja di sektor publik pada gilirannya menghambat tingkat partisipasi dan pembentukan lingkungan kerja yang inklusif.

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 Employment Legal Framework for Persons with Disabilities in China: Effectiveness and Reasons

2020 ◽  
Vol 17 (14) ◽  
pp. 4976
Author(s):  
Yuling Hao ◽  
Peng Li
Keyword(s):  
Medical Model ◽  
Legal Framework ◽  
Social Model ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Limited Effectiveness ◽  
Enforcement Mechanisms ◽  
Poor Outcomes ◽  
Legal Frameworks ◽  
Definition Of

In order to promote the employment of persons with disabilities, two dominant legal approaches—anti-discrimination legislation based on the social model of disability and an employment quota scheme based on the medical model—are usually employed on a nation-state basis in disability policies. This article systematically examines the reasons why both the anti-discrimination and employment quota scheme legal frameworks have limited effectiveness in promoting employment of persons with disabilities in China. We found that the lack of a definition of disability, the lack of a definition of discrimination, and the absence of effective enforcement mechanisms are the reasons for poor outcomes of the anti-discrimination legal framework. For the employment quota scheme, conflicts between the mainstream labor market legal framework and the quota scheme legal framework have prompted employers to pay penalties rather than hire persons with disabilities. China should address these issues in the current legal system in the short term. Meanwhile, the CRPD should be more strongly emphasized in China. This article argues for the human rights model espoused by the CRPD, instead of the medical model, to develop a coherent and sustainable disability legal framework for promoting participation of persons with disabilities, rather than focusing on viewing them as recipients of care.

Introduction

2021 ◽  
pp. 1-33
Author(s):  
Kay Wilson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Health Problems ◽  
Medical Model ◽  
Social Model ◽  
Health Law ◽  
Persons With Disabilities ◽  
Mental Health Law ◽  
Social Model Of Disability ◽  
Key Terms

Chapter 1 introduces the key question asked by the book: whether mental health law should be abolished or reformed and defines all the key terms (e.g. mental health law, mental impairment, involuntary detention and treatment, voluntary treatment, abolition and reform, etc). It puts mental health law into its wider social context pointing out that while at least 20 per cent of the community in any given year and 50 per cent in their lifetime have a mental health problem, mental health law only applies to a relatively small number of persons with severe mental health problems who are medically assessed to be at risk of harming themselves or others. It sets out the background to the fierce controversy about the future of mental health law during the United Nations Convention on the Rights of Persons with Disabilities (CRPD) negotiations and since its entry into force in 2008. It explains the conceptual framework for the book being human rights treaty interpretation and the jurisprudential or ethical analysis consistent with Ronald Dworkin of three core CRPD and human rights concepts—dignity (including autonomy), equality, and participation—to create the ‘interpretive compass.’ It discusses the social model of disability, the medical model, the human rights model, and the interactive model. It defines the scope of the book in that it excludes consideration of mental health specific criminal law doctrines like fitness to plead and the insanity defence and clarifies that the focus is on mental health law rather than other forms of substitute decision-making like guardianship. It explains the structure of the book.

scholarly journals Persons with disabilities in institutions as victims of discrimination and human rights violations

Temida ◽  
2016 ◽  
Vol 19 (1) ◽  
pp. 109-134
Author(s):  
Biljana Janjic ◽  
Kosana Beker
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Historical Context ◽  
Legal Framework ◽  
Social Model ◽  
Human Rights Violations ◽  
Negative Attitudes ◽  
Persons With Disabilities ◽  
The Social ◽  
Changing Practices

The paper describes the position of persons with disabilities in residential institutions in Serbia, with particular focus on the position of women. Our goal is to determine some of the reasons for human rights violations and discrimination against persons with disabilities in institutions through understanding the historical context and attitudes towards them, and to understand the extent to which international human rights framework impacts the improvement of their position. Results of analyses show that adoption of the international and national legal framework grounded in the theory of social model is a necessary but not sufficient condition for de facto equality, because of the rooted negative attitudes towards rights, possibilities, and needs of persons with disabilities that nurture justifications and excuses for multiple deprivations and discrimination. The change of the paradigm and improvement of the position of persons with disabilities requires awareness-raising of the social protection system with the aim of overcoming prejudices and changing practices.

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.

scholarly journals Introduction: Equality and Human Rights in Britain

2011 ◽  
Vol 10 (2) ◽  
pp. 191-192
Author(s):  
Sheila Riddell ◽  
Nick Watson
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Public Sector ◽  
Radical Change ◽  
Legal Framework ◽  
First Century ◽  
British Government ◽  
The Public ◽  
Uk Government ◽  
The Uk

The first ten years of the twenty-first century has seen the British Government introduce radical change to its equality policy. These changes have included the creation of a single equalities body, the Equality and Human Rights Commission (EHRC); the expansion of the equality terrain to include age, sexuality and sexual orientation and faith and belief in addition to gender, race and disability as protected grounds; the decision to coalesce human rights and equality legislation under the direction the EHRC; the development of an Equalities Framework; the promulgation of a new Equality Act (2009) with the aim of creating a single legal framework to cover all equality legislation together with the development of specific Equality Duties for the public sector around the areas of gender, race and disability with the aim of ‘mainstreaming’ equality. Barbara Roche, the then Minister responsible for equality co-ordination across the UK Government described these changes as ‘the most significant review of equality in over a quarter of a century’.

scholarly journals EDUKASI UNDANG-UNDANG NOMOR 8 TAHUN 2016 TENTANG PENYANDANG DISABILITAS DI KECAMATAN SEWON KABUPATEN BANTUL

2019 ◽  
Vol 1 (1) ◽  
pp. 41-46
Author(s):  
Despan Heryansyah ◽  
Keyword(s):  
Human Rights ◽  
Public Services ◽  
Educational Background ◽  
Government Officials ◽  
Public Servants ◽  
Persons With Disabilities ◽  
The Poor ◽  
Normal People ◽  
The Government ◽  
Village Government

The poor public servants of persons with disabilities are caused by many things, ranging from the educational background of village government officials, to the culture that has lived and developed in the community that people with disabilities cannot be equated with other normal people. However, efforts to create public services that are equal and friendly to persons with disabilities must continue, this is not only in order to protect the human rights of every citizen but also in carrying out the mandate of the constitution. Facing this condition, the Indonesian Government then issued Law Number 8 of 2016 concerning Persons with Disabilities. This law is the basis and reference for the government in providing services to persons with disabilities with a basic concept of respect for human dignity. The basis of service for persons with disabilities is at least related to two things, the main focus of which is on removing barriers. First, the availability of facilities and facilities available to reach persons with disabilities. Second, the paradigm of the government or government apparatus for persons with disabilities in providing public services. Sewon Subdistrict was used as an object of service because it considered quite a lot of disability operators. Indeed, until now, there is no definite number of persons with disabilities in Sewon sub-district, because the government itself does not conduct the database. Admittedly, this is one of the weaknesses that have occurred so far, let alone responsiveness and response to a number of problems they face, even the data collection on the number of the local government does not have it

E-Government : an exploratory study of online government procurement

2008 ◽  
Vol 5 (2) ◽  
pp. 15
Author(s):  
Maniam Kaliannan
Keyword(s):  
Public Sector ◽  
Empirical Investigation ◽  
Government Procurement ◽  
Management Tool ◽  
Government Service ◽  
The Public ◽  
Organizational Perspective ◽  
Effective Manner ◽  
The Government ◽  
Government Level

The quest to improve the government service delivery is becoming an important agenda for most governments. The introduction oflCT in the public sector especially E-Government initiatives opens up a new chapter in the government administration throughout the world. Governments have deployed ICT to serve their citizens in an efficient and effective manner. This paper presents an empirical investigation of Malaysian government's e-Procurement initiative (locally known as e-Perolehan). The aim of the paper is to examine factors that influence the current and future use of the system within the supplier community. These factors are grouped in three perspectives, (i) organizational perspective; (ii) technological perspective; and (Hi) environmental perspective. The general consensus amongst both the buyer and seller communities is that e-procurement will become an important management tool to enhance the performance of supply chain especially in the public sector. However, before this occurs, the findings suggest that several issues must be addressed by the relevant authorities in light of the three perspectives as mentioned above, to improve the procurement process at the federal government level.

India

2018 ◽  
Author(s):  
Shreya Atrey
Keyword(s):  
Human Rights ◽  
Final Analysis ◽  
Case Law ◽  
Social Model ◽  
Disability Rights ◽  
Appellate Courts ◽  
Persons With Disabilities ◽  
High Courts ◽  
The Supreme Court ◽  
Domestic Law

This chapter provides an expository account of Indian appellate courts’ engagement with the Convention on the Rights of Persons with Disabilities (CRPD) and the developing case law on disability rights. As a dualist State, India has ratified but not incorporated the CRPD into its domestic law. This has not deterred frequent references to the CRPD in litigation at the highest level. The appellate courts—High Courts and the Supreme Court—have resorted to the CRPD in diverse ways. The analysis of the small but not insignificant body of case law shows that these instances can be classified into two broad themes of ‘citation’ and ‘interpretation’. In the final analysis, the overall impact of references to the CRPD can be considered largely positive but still modest in the absence of new legislation embracing the human rights framework and social model of the CRPD in India.

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.

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