scholarly journals Menyoal Kesenjangan dan Diskriminisi Publik Terhadap Penyandang Disabilitas

2021 ◽  
Vol 2 (2) ◽  
pp. 169-178
Author(s):  
Risky Novialdi ◽  
Isvarwani Isvarwani ◽  
Fauzi Fauzi ◽  
Ilyas Ismail ◽  
Muammar Qadafi
Keyword(s):  
Human Rights ◽  
Sexual Harassment ◽  
Public Services ◽  
Daily Life ◽  
People With Disabilities ◽  
Disability Rights ◽  
Public Places ◽  
Persons With Disabilities ◽  
Main Requirement ◽  
The Family

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.

scholarly journals Human Rights and Neoliberalism in Australian Welfare to Work Policy: Experiences and Perceptions of People with Disabilities and Disability Stakeholders

2014 ◽  
Vol 34 (4) ◽  
Author(s):  
Sarah Parker Harris ◽  
Randall Owen ◽  
Karen R Fisher ◽  
Robert Gould
Keyword(s):  
Human Rights ◽  
Service Providers ◽  
National Level ◽  
People With Disabilities ◽  
Welfare To Work ◽  
Disability Rights ◽  
Font Size ◽  
Persons With Disabilities ◽  
Accessible Information ◽  
The Government

<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>

Disability and Capability: Exploring the Usefulness of Martha Nussbaum's Capabilities Approach for the UN Disability Rights Convention

2013 ◽  
Vol 41 (4) ◽  
pp. 768-780 ◽  
Author(s):  
Caroline Harnacke
Keyword(s):  
Human Rights ◽  
United Nations ◽  
People With Disabilities ◽  
Capabilities Approach ◽  
Disability Rights ◽  
Disabled People ◽  
Persons With Disabilities ◽  
Cultural Rights ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) aims at empowering people with disabilities by granting them a number of civil and political, but also economic, social, and cultural rights. This is a groundbreaking agreement for all persons with disabilities, especially because it is the first human rights agreement for disabled people, and it is legally binding. For those states who signed it, it also brings various governmental obligations. Implementing the CRPD will clearly be politically challenging and also very expensive for all states, but even more so for poor ones.

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.

scholarly journals Disabled consumers in solidary private law

2020 ◽  
Vol 48 (2) ◽  
Author(s):  
Lúcia Souza d'Aquino ◽  
Guilherme Mucelin
Keyword(s):  
Human Rights ◽  
Consumer Protection ◽  
People With Disabilities ◽  
Research Problem ◽  
Private Law ◽  
Consumer Market ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Status

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

Chronic Illness

2020 ◽  
pp. 285-306
Author(s):  
Oliver Lewis ◽  
Soumitra Pathare
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Independent Living ◽  
People With Disabilities ◽  
Well Being ◽  
Persons With Disabilities ◽  
Implementation Challenges ◽  
National Implementation ◽  
The Right ◽  
Models Of Service Delivery

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.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

Enabling Virtual Knowledge Networks for Human Rights Monitoring for People with Disabilities

2012 ◽  
Vol 4 (2) ◽  
pp. 1-17 ◽  
Author(s):  
Christo El Morr ◽  
Mihaela Dinca-Panaitescu ◽  
Marcia Rioux ◽  
Julien Subercaze ◽  
Pierre Maret ◽  
...  
Keyword(s):  
Human Rights ◽  
People With Disabilities ◽  
Knowledge Networks ◽  
Knowledge Network ◽  
Evidence Based ◽  
Disability Rights ◽  
Policy Makers ◽  
Building Capacity ◽  
Community People ◽  
Operational Tool

Holistic disability rights monitoring is an imperative approach to permit translation of rights on paper into rights in reality for people with disabilities. However, evidence-based knowledge produced through such a holistic monitoring approach has to be accessible to a broad range of stakeholders, e.g., groups such as: researchers, representatives of disability community, people with disabilities, media, policy makers, and the general public. Besides, the collected evidence should contribute to building capacity within disability community around human rights questions. This article explains the design process of a Virtual Knowledge Network (VKN) as an operational tool to support mobilization and dissemination of evidence-based knowledge produced by the Disability Rights Promotion International Canada (DRPI-Canada) project. This VKN is embedded in the more general framework of DRPI, grounded in a human rights approach to disability that acknowledges the importance of creating knowledgeable communities in order to make the disability rights monitoring efforts sustainable.

„Respite care” as a significant instrument of support for carers of persons with disabilities

2019 ◽  
Vol 2 (XIX) ◽  
pp. 151-167
Author(s):  
Maciej Borski
Keyword(s):  
People With Disabilities ◽  
Respite Care ◽  
The State ◽  
European Countries ◽  
Public Authorities ◽  
Persons With Disabilities ◽  
The Family

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.

scholarly journals Sårbarhet, mangfold og menneskerettigheter

2020 ◽  
pp. 129-151
Author(s):  
Hans Morten Haugen
Keyword(s):  
Human Rights ◽  
People With Disabilities ◽  
Status Quo ◽  
Enabling Technology ◽  
World Council Of Churches ◽  
Persons With Disabilities ◽  
A Value ◽  
The World ◽  
World Council ◽  
The Church

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.

scholarly journals DISABILITY, LAWS AND MODELS: AN OVERVIEW

2020 ◽  
Vol 2 (1) ◽  
pp. 50-54
Author(s):  
Shyam Ganvir ◽  
Ankita Arun Gundecha
Keyword(s):  
Human Rights ◽  
Activities Of Daily Living ◽  
Daily Living ◽  
Legal Status ◽  
People With Disabilities ◽  
Comprehensive Analysis ◽  
Research Report ◽  
Persons With Disabilities ◽  
Perceptions Of Disability ◽  
Educational Scholarship

There are various growing definitions and perceptions of disability. It leads to various complications leading to independency for all other activities of daily living, making occupational limitations and economically dependent. So there is a need to make them aware of various schemes available in India, for supporting them for various economic, pension and educational scholarship schemes. The rights and laws of persons with disabilities must, therefore, be understood and studied from a variety of perspectives, including human rights and various other laws in India, which will fill the gap or close the gap between persons with disabilities and persons with disabilities in their personal attainment in the true sense of the term. Throughout this research report, the writer puts a great deal of focus on the different legislative frameworks and regulations existing throughout our country and allows a comprehensive analysis on how such laws have led to the advancement of the legal status of people with disabilities in India.

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