scholarly journals Disabled Independent Living: From the Perspectives of Built Environment

2020 ◽  
Vol 5 (2) ◽  
pp. 107-112
Author(s):  
Nurul Fadzila Zahari ◽  
◽  
Adi Irfan Che Ani ◽  
Robiah Abdul Rashid ◽  
Haslina Hashim ◽  
...  

In 2006, Malaysia has signed the Convention of Rights of Person with Disabilities (CRPD) and put oath to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. Even with the advent of the UNCRPD, the existing built environment fails the neighbourhood accessibility needs of people with disability. Little is known about the extent of built environment inaccessibility, and an improved measure, at a neighbourhood scale, is required. This paper argues that built environment practitioners must recognize the disabling potency of current built environment practice. It argues that they need to engage directly with people with disabilities to improve understanding of accessibility needs.

Author(s):  
Oliver Lewis ◽  
Soumitra Pathare

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.


Author(s):  
Lewis Oliver ◽  
Pathare Soumitra

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.


2017 ◽  
Vol 18 (1) ◽  
pp. 21
Author(s):  
Khairil Azmin Mokhtar ◽  
Ikmal Hisham Md Tah

Persons with disabilities, either acquired or developed at some stages of his life due to factors such as injury and disease, are still a person with the same legal status and rights as individuals who do not have any disability. This paper, through conceptual and doctrinal analysis, explores the similarities and differences between human rights based’s approach and Shariah’s approach towards people with disability. People with disability have equal right to live and to have a noble livelihood. The Convention on Rights of People with Disabilities of the United Nations has adopted the concept of human rights-based approach which requires people with disability tobe treated in a proper way. The convention believes that this group should not be treated differently and given similar opportunity to be developed and progressed as any other human being. On the same note, Islam sees disability as morally neutral. It is seen neither as a blessing nor as a curse. Accordingly, disability is accepted as being an inevitable part of the human condition. It is simply a fact of life which has to be addressed appropriately by the society of the day. In Islam people with disabilities are not being arbitrarily segregated and being discriminated unjustly. They should be given equal opportunity to progress and develop their potential just like any other human being. The final analysis shows that there is harmonious interpretation between Western human right and Islamic jurisprudence to protect this minority.


Author(s):  
Oliver Lewis

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.


Author(s):  
Lúcia Souza d'Aquino ◽  
Guilherme Mucelin

This work analyzes the evolution of private law, centered on individualism and totalizing codification, towards private law of solidarity, centered on solidarism, which valorizes the person before his particularities and his laws of protection. Thus, with the strengthening of constitutional principles and human rights, the disabled person is described, as a consumer, as hypervulnerable, worthy of specific protection, which will only be effective with the dialogue between the Consumer Protection Code and the Status of the Disabled Person. The research problem centers on how to protect the disabled person as a consumer from the plurality of standards that affect this relationship, in particular the Consumer Protection Code and the Status of Persons with Disabilities. Using a hypothetical methodology, it is assumed that the dialogue of sources method is the appropriate means to effectively protect people with disabilities in the consumer market


2020 ◽  
pp. 129-151
Author(s):  
Hans Morten Haugen

The article examines recent understandings of vulnerability and exposedness, and studies proving that people with disabilities are more exposed to violence, discrimination, and various forms of exclusion. Diversity has been elevated as a value, both in societies and in churches. The UN Convention on the Rights of Persons with Disabilities (CRPD) is the only human rights treaty that names specific human rights principles, and one of these principles is diversity. There are also opposing trends to the enhanced recognition of diversity, summarized in three points: preservation of status quo; highlighting majority normality; and budgetary efficiency are given priority over empowering solutions. The Church of Norway, inspired by the World Council of Churches, wants to promote inclusion and empowerment, but is itself lagging behind, for instance in providing access to enabling technology.


2021 ◽  
Vol 2 (2) ◽  
pp. 169-178
Author(s):  
Risky Novialdi ◽  
Isvarwani Isvarwani ◽  
Fauzi Fauzi ◽  
Ilyas Ismail ◽  
Muammar Qadafi

Disabilitas menjadi topik permasalahan yang serius periode belakangan ini, hal tersebut dikarenakan penyandang disabilitas rawan akan berbagai tindakan diskriminasi secara fisik maupun mental, bahkan difabel rentan menjadi korban pelecehan seksual dalam ruang lingkup keluarga ataupun non difabel. Para disabilitas menghadapi berbagai problematika dalam kehidupan sehari-hari. Penyandang disabilitas seringkali di tolak dengan alasan keterbatasan mereka, bahkan ada beberapa yang menjadikan sehat jasmani dan rohani sebagai syarat utama untuk bisa mangakses bidang-bidang tertentu. Bahkan pelanggaran Hak Asasi Manusia (HAM) terhadap penyandang disabilitas masih dijumpai di lokasi sekitar. Kesenjangan yang diterima oleh penyandang disabilitas menjadi tekanan tersendiri bagi para difabel untuk memenuhi segala aspek kebutuhannya. Pemenuhan hak-hak disabilitas masih kurang diperhatikan, baik dalam sarana bangunan atau infastruktur, maupun fasilitas-fasilitas di tempat umum. Ketidaksetaraan juga terjadi dalam sektor pendidikan, lapangan pekerjaan, politik, dan aksesibilitas terhadap transportasi. Hal tersebut menunjukkan adanya perlakuan yang berbeda yang diterima oleh penyandang disabilitas terhadap layanan publik yang ramah bagi penyandang disabilitas.Disability has become a serious problem topic in recent times, this is because people with disabilities are prone to various acts of discrimination physically and mentally, even people with disabilities are vulnerable to being victims of sexual harassment within the family or non-disabled spheres. People with disabilities face various problems in their daily life. Persons with disabilities are often rejected on the grounds of their limitations, there are even some who make physically and mentally healthy as the main requirement to be able to access certain fields. Even human rights violations against persons with disabilities are still found in nearby locations. The gap that is accepted by people with disabilities is a separate pressure for people with disabilities to meet all aspects of their needs. Fulfillment of disability rights is still lacking in attention, both in building facilities or infrastructure, as well as facilities in public places. Inequality also exists in the sectors of education, employment, politics, and accessibility to transportation. This shows that there is a different treatment received by persons with disabilities towards public services that are friendly to persons with disabilities.


2021 ◽  
Author(s):  
Phan Luan

The research applied quantitative and qualitative methods to measure satisfaction and analyze possible barriers in accessing public administration services for people with disabilities. By using field trials, the study involves people with disabilities throughout the entire research process to ensure the voice from insiders has been brought out. The results presented that the levels of satisfaction of people with disabilities can be influenced by their perceptions of their rights, local culture, or the urbanization pressure. Notably, the higher the awareness of the right to independent living of people with disabilities is, the lower their satisfaction level is, regardless of receiving support from their relatives or public servants. In surveyed sites, the accessibility of people living with disabilities depends heavily on the political leaders' awareness of the rights of persons with disabilities. Several recommendations for people with disabilities, caregivers, organizations working on disability, and government agencies have been proposed to ensure a favorable environment for people with disabilities to actively exercise their right to access public administration services.


2014 ◽  
Vol 34 (4) ◽  
Author(s):  
Sarah Parker Harris ◽  
Randall Owen ◽  
Karen R Fisher ◽  
Robert Gould

<span style="font-family: Times New Roman; font-size: small;"> </span><p class="MsoNormal" style="margin: 0in 0in 3pt; text-align: justify; line-height: 150%; tab-stops: 6.5in; mso-layout-grid-align: none;"><span>Recent policy approaches in Australia, influenced by neoliberalism, have constrained the implementation of international disability rights at the national level. Within the neoliberal and human rights approaches to social policy, what is the lived experience of people with disabilities? In focus groups with people with disabilities and interviews with disability stakeholders in Australia, participants were asked about their experiences and perspectives of welfare to work programs. We analyzed the data by drawing on the United Nations Convention on the Rights of Persons with Disabilities as a framework. The analysis revealed tensions between the rights and responsibilities of citizens and the government, and a disconnection between policy discourse and policy practice. The results suggest that disability rights are jeopardized unless governments take responsibility to create the policy environment for rights-based policy to be implemented; including the equalization of opportunities, providing accessible information and communication about employment, and addressing the administration and process practices that employment service providers follow.</span></p><span style="font-family: Times New Roman; font-size: small;"> </span>


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