scholarly journals Obsolescencia del juicio de interdicción

2020 ◽  
pp. 86-99
Author(s):  
María Del Rosario Huerta Lara
Keyword(s):  
Civil Rights ◽  
United Nations ◽  
Medical Model ◽  
Human Person ◽  
Fundamental Rights ◽  
Social Model ◽  
Disabled People ◽  
The United Nations

RESUMEN: En México, el ejercicio de los derechos fundamentales de las personas con discapacidad tiene como primera traba, la vigencia de un régimen jurídico gobernado por la exclusión, la marginalidad y la vulnerabilidad, en menoscabo de la autonomía de las personas que padecen algún tipo de discapacidad física o mental.Contra sensu, la Convención de Naciones Unidas sobre los Derechos de las Personas con Discapacidad formula una amplia tutela basada en el reconocimiento irreductible de la persona humana. Cuando se trata de discapacidades del orden mental, la Convención ha propuesto un modelo social cuyo contenido tuitivo no se limita al reconocimiento de la personalidad jurídica sino que se extiende a la capacidad jurídica y procesal, contrapuesta al modelo médico acogidos en la mayoría de las legislaciones del orden jurídico nacional.Este trabajo plantea una redimensión de la problemática considerando a las personas con discapacidad como sujetos de derechos plenos, basados en el principio de la equidad jurídica y sustantiva, por lo que se propone la armonización del Derecho Civil mexicano a los principios de la Convención sobre los Derechos de las Personas con Discapacidad, lo que significaría una amplia reforma en el ámbito estatal.Palabras clave: Juicio, personalidad y capacidad jurídica de personas con discapacidad.ABSTRACT: In México, the exercise of the fundamental rights of disabled people has a as a first obstacle, the validity of a juridical regime ruled by exclusion, marginalization and vulnerability which associated with the lessening of the autonomy of people with some type of physical or mental disability.The Convention of the United Nations, upon the Rights of disabled people, formulates contra sensu a broad responsibility based upon the irreductible recognition of the human person. Regarding mental disabling, the Convention has proposed a social model whose responsibility is not limited to the recognition of the juridical personality, but extends to the juridical and procesal capacity oposite to the medical model aproved in most federal and state legislations.This essay poses a redimentioning of the issue considering disabled people as individuals with full rights based on the principal of juridical and sustantive equity. Considering all the afore mentioned, this essay proposes the armonization of the mexican civil rights with the principles of the Convention on the rights of disabled people, which means a brosd reform within the state.Keywords: Trial, personality and juridical capacity of disabled people.

International Law, the ECHR, and the EU

2021 ◽  
pp. 212-312
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Fundamental Rights ◽  
Special Importance ◽  
International Human Rights Law ◽  
Intergovernmental Organization ◽  
The United Nations ◽  
The Relationship ◽  
The Eu

This chapter focuses on the relationship between international law, the European Convention on Human Rights (ECHR), and the EU. International law features with respect to the EU both as an object of the EU's internal fundamental rights regime and as a source of human rights obligations. Whereas the latter reflects the original conception of international human rights law, the former is capable of generating unease due to the scope for contravening the principle of supremacy of international law. Moreover, although the ECHR can, in principle, be regarded as international law, it is of special importance to the legal order of the EU and its Member States, in addition to representing the most developed regional regime of human rights protection in the world. The specific character of the EU as neither a typical international (intergovernmental) organization nor a state often complicates the relationship with international law further. Nonetheless, Article 3(5) TEU requires the EU to contribute, in its international relations, ‘to the protection of human rights as well as the strict observance and the development of international law, including the respect for the principles of the United Nations Charter’. The chapter then looks at other Council of Europe instruments and the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD).

scholarly journals ParticipaTIC: Lessons from developing accessible on-line training for disabled people’s leaders

2019 ◽  
Vol 29 (Supplement_4) ◽  
Author(s):  
M Cuenot ◽  
W Sherlaw
Keyword(s):  
United Nations ◽  
Speech Synthesis ◽  
People With Disabilities ◽  
Disabled Persons ◽  
Font Size ◽  
Disabled People ◽  
On Line ◽  
United Nations Convention ◽  
The United Nations ◽  
Inclusive Society

Abstract The ParticipaTIC Erasmus+ project led by the EHESP School of Public Health in partnership with disability organizations and associations from France, Belgium, Switzerland, and Romania has co-designed an accessible digital platform. In line with the 2010-2020 European strategy and the United Nations Convention on the rights of disabled persons we aim to strengthen the competences of the leaders of disabled persons’ organizations to defend the rights of disabled people, and to develop participation. ParticipaTIC offers 4 modules on ‘What is disability?’, ‘Competencies for disability organization leaders’, ‘the United Nations Convention’ and ‘How to carry out a local accessibility analysis’. Different contrasts, font size, speech synthesis, captioned videos and content summaries in ‘Easy to read and understand’ French are available together with a cloned platform in Romanian and English. Two guides have also been produced on 1) on-line accessibility and 2) co-constructing an on-line accessible platform. Beyond the deliverables, adapting on-line instruction to the different capacities of people with disabilities raises many issues. New competencies for accessible design are needed. Tradeoffs between content, pedagogical style and accessibility seem inevitable. On-line activities need adaptations but these may be complex and costly. Taken-for-granted assumptions about what is attractive, and well-designed are called into question when designing for people with visual, auditory, and intellectual impairments. Lessons from ParticipaTIC are remarkably similar to those of participatory thinking design: advance in small steps, evaluating successive design phases with people with disabilities for fitness of purpose. Ultimately trainers need to redesign themselves to take into account unsuspected worlds, those of our fellow citizens with different capacities. Important lessons beyond the world of on-line instruction for the building of a truly inclusive society have emerged.

The United Nations, the Cold War, and Its Legacy

2012 ◽  
Author(s):  
Gerd Hankel
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Soviet Union ◽  
United Nations ◽  
Human Person ◽  
Power Politics ◽  
Member States ◽  
The United Nations ◽  
The Cold War

According to the Preamble of the Charter of the United Nations, the member states of this organization resolved ‘to save succeeding generations from the scourge of war’ as well as to act in a way that demonstrates ‘faith in fundamental human rights, in the dignity and worth of the human person’. As demonstrated by the emergence and consolidation of the Cold War, the reality of the situation was very different. The two superpowers (USA and Soviet Union) pursued their own agendas based on their respective power politics. For the most part, the United Nations watched helplessly from the sidelines. The states were meticulous in their efforts to ensure that the United Nations was not allocated any powers that could have led to any appreciable infringement of their sovereignty.

Disability

2012 ◽  
Author(s):  
Sonali Shah
Keyword(s):  
Young People ◽  
United Nations ◽  
Disabled Children ◽  
Disabled People ◽  
Persons With Disabilities ◽  
Children And Young People ◽  
Rights Of The Child ◽  
The Social ◽  
United Nations Convention ◽  
The United Nations

Traditionally, disability was considered to be a personal trouble, as opposed to the social issue and public policy concern that it is today. Children with physical and cognitive impairments were shunned away from mainstream society into asylums or workhouses. They were typically discussed and analyzed through a medical lens, pathologized and conceived as a social problem to be regulated, cured, or killed. The emergence of ideologies constructing disabled children and adults as dependent victims unable to contribute to the development of society encouraged the development of charities for disabled people and exploitation of textual and nontextual narratives of the “vulnerable disabled child” to evoke sympathy and induce the public’s financial generosity. The ideological mantra that impairment was the cause of individual and family disadvantage was embedded in the cultural consciousness of society and thus influenced how disabled people (across the lifecourse) “made themselves known” and were made known to others (i.e., as inferior, developmentally delayed, financial and emotional burdens to their family and society). It led to the expansion of the rehabilitation industry and new social policies that focused on altering or incarcerating the impaired body. However this was challenged by the upsurge of the British Disabled People’s Movement in the 1960s and 1970s. Based on the ideas of the Union of Physically Impaired against Segregation, the movement campaigned for social equality and human rights legislation in all spheres of social life and generated a new understanding of disability. With the historic shift in thinking about both childhood and disability as a public issue rather than a personal matter, there has been increasing interest in the social world of both disabled people and all children and young people. The United Nations Convention on the Rights of the Child (particularly Article 12) and the Children Act 1989 initiated subsequent developments with regard to children having a right to be involved in decisions about their lives. The United Nations Convention on the Rights of Persons with Disabilities means that disabled children today are the first generation to grow up in an era of full international civil rights. This bibliography lists works that include the voices and experiences of disabled children and young people in research about their everyday lives, including health and medical treatment, education, and identity. These works demonstrate the richness and diversity of disabled children’s individual lives, thus challenging the traditional conception that disabled children are a homogenous group.

American and Soviet Perspectives on Human Rights

Worldview ◽  
1979 ◽  
Vol 22 (11) ◽  
pp. 15-21 ◽  
Author(s):  
Harold J. Berman
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Fundamental Rights ◽  
World Peace ◽  
Potential Threat ◽  
Peace And Security ◽  
The United Nations ◽  
United Nations Charter

With the rapidly increasing interdependence of all people who inhabit the planet Earth, it has become widely accepted that the ways in which a country acts toward its own citizens may also have important consequences for citizens of other countries. More particularly, a state that systematically represses the fundamental rights of its own subjects is apt to be viewed as a potential threat to the peace and security of other states as well. This view is supported by the United Nations Charter, which expressly links the cause of human rights with the cause of world peace.

CHILDREN'S RIGHT TO HEALTH IN THE ACTS OF THE UNITED NATIONS ORGANIZATION

2018 ◽  
Vol 28 (6) ◽  
pp. 2051-2055
Author(s):  
Mariya Hristozova
Keyword(s):  
United Nations ◽  
Right To Health ◽  
Fundamental Rights ◽  
International Standards ◽  
Children's Health ◽  
Children’S Health ◽  
International Treaty ◽  
Rights Of The Child ◽  
The United Nations ◽  
The Right

One of the most vulnerable people in every society is children who, due to their physical, emotional, psychological and social immaturity, can not protect their fundamental rights and freedoms themselves and need increased support from the international community and national authorities. In view of these objective circumstances, in the system of the United Nations has adopted a number of legal acts which lay down minimum international standards for the protection of children's righThe most important and comprehensive international treaty for the protection of children 's rights is the 1989 United Nations Convention on the Rights of the Child. This Act proclaims a number of civil, economic, social and cultural rights for children who should be protected in all legal systems, such as: the right to education, the right to social security, the right to a standard of living appropriate to the physical, mental, social development of the child and other rights.Article 24 of the UN Convention also sets out the right of every child to enjoy "the highest attainable standard of health and health services to treat illness and restore his health." The right of children to health includes in its content, separate, autonomous rights and freedoms, such as the right to access quality medical care and remedies for illness and health rehabilitation, the right to control one's own health and body and others.In fulfillment of their obligations under the UN Convention on the Rights of the Child, States have an obligation to take comprehensive measures to ensure the fundamental human rights enshrined in the international treaty, including children's health, such as legislative, administrative, economic and other measures.However, the adoption of an appropriate legal framework is not sufficient to ensure effective protection of children's health. That right falls under the category of social rights, the full exercise of which requires active cooperation from the States. Today in a number of reports by international organizations is stated that many countries do not have sufficient financial resources to ensure the practical implementation of their obligations under international treaties, which creates a real risk to the children's right to health and for all their fundamental rights. In view of these disturbing data, further steps need to be taken to strengthen and guarantee all children's fundamental rights, especially their right to health, both at international and national level.

Art.16 Freedom from Exploitation, Violence, and Abuse

2018 ◽  
Author(s):  
Keeling Amanda
Keyword(s):  
United Nations ◽  
Family Relationships ◽  
Significant Problem ◽  
Disabled People ◽  
Human Right ◽  
Persons With Disabilities ◽  
State Obligations ◽  
United Nations Convention ◽  
The United Nations ◽  
Private Homes

This chapter examines Article 16 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). That disabled people experience higher rates of exploitation, violence, and abuse is an undisputed fact. Indeed, it is a significant problem globally which requires immediate redress and, on this basis, the framing of the issue as a specific human right with detailed attendant obligations is important. Article 16 calls for an awareness that measures put in place to care for or protect disabled people can be a significant cause of the harm that they experience, and that segregation and isolation from the community allow for abuses of power by those who are supposed to be caring for disabled people. Article 16 also extends state obligations beyond the narrow purview of institutions and into a wider variety of arenas, including family relationships and private homes.

On Other Shores: When is Separate Inherently Unequal?,

2010 ◽  
Author(s):  
Martha Minow
Keyword(s):  
United States ◽  
New York ◽  
Soviet Union ◽  
Civil Rights ◽  
United Nations ◽  
The United States ◽  
Academic Scholarship ◽  
The Soviet Union ◽  
The United Nations ◽  
The U.S

Even before it was decided by the U.S. Supreme Court, Brown v. Board of Education had a global profile. Swedish economist Gunnar Myrdal in a work that the Carnegie Corporation commissioned in 1944 in search of an unbiased view of American race relations, supplied a searing indictment of America’s treatment of the “Negro,” and his work, An American Dilemma, became a key citation in the Court’s famous footnote eleven. Initially, President Dwight D. Eisenhower showed no sympathy for the school integration project and expressed suspicion that the United Nations and international economic and social rights activists were betraying socialist or even communist leanings in supporting the brief. But as the United States tried to position itself as a leader in human rights and supporter of the United Nations, the Cold War orientation of President Eisenhower’s Republican administration gave rise to interest in ending official segregation, lynchings, and cross burnings in order to elevate the American image internationally. The Department of Justice consulted with the State Department on the drafting of an amicus brief in Brown that argued that ending racially segregated schools would halt the Soviet critique of racial abuses tolerated by the U.S. system of government and thereby help combat global communism. Ending segregation emerged as part of a strategy to win more influence than the Soviet Union in the “Third World.” African-American civil rights leader and journalist Roger Wilkins later recalled that ending official segregation became urgent as black ambassadors started to visit Washington, D.C., and the United Nations in New York City. Tracking the influence of Brown in other countries is thornier than tracking its influence inside the United States where the topic has motivated a cottage industry in academic scholarship. As this book has considered, the litigation has by now a well-known and complicated relationship to actual racial integration within American schools. Some argue that the case exacerbated tensions and slowed gradual reform that was already under way.

scholarly journals Unconscious bias and the medical model: How the social model may hold the key to transformative thinking about disability discrimination

2019 ◽  
Vol 19 (1) ◽  
pp. 26-47 ◽  
Author(s):  
Stephen Bunbury
Keyword(s):  
Medical Model ◽  
Social Model ◽  
Disabled People ◽  
Unconscious Bias ◽  
Disability Discrimination ◽  
Critical Theories ◽  
The Social ◽  
The Law ◽  
People’S Attitudes ◽  
Definition Of

This article seeks to gain access to a new way to engage with disability discrimination and the legal approaches to it by focusing on the two central models: the medical and social models. It discusses how the law has based the definition of disability on the medical model and suggests that this may strengthen some of the underlying factors that contribute to segregation and discrimination of disabled people. This article argues that the law should now switch focus to the social model, in an attempt to transform people’s attitudes towards disabled people and become a positive force to reduce discrimination. It makes reference to the reasonable adjustment duty contained in sections 20 and 21 Equality Act 2010, the Framework Directive and by way of comparison the American with Disabilities Act 1990. Relevant critical theories are integrated as a means to explore the conception and the hierarchy that exist between able-bodied individuals and disabled individuals.

scholarly journals Combating Social Exclusion Faced by Disabled People in the Wage Labour Market in Hong Kong

2017 ◽  
Vol 17 (4) ◽  
pp. 547-561
Author(s):  
Ruby C. M. Chau ◽  
Sam W. K. Yu ◽  
Kathy Boxall
Keyword(s):  
Hong Kong ◽  
Social Exclusion ◽  
Structural Changes ◽  
Medical Model ◽  
Social Model ◽  
Disabled People ◽  
Social Model Of Disability ◽  
Wage Labour ◽  
Key Issues ◽  
Medical Model Of Disability

This article contributes to the search for suitable approaches to combat social exclusion faced by disabled people in capitalist wage labour markets. Referring to policy and service examples in Hong Kong, it reviews four social exclusion approaches – the Moral Underclass (MUD), Social Integrationist (SID), Redistributive (RED) and Collective Production (COP) approaches. These approaches are explored in relation to three key issues: (1) the diverse preferences of disabled people; (2) the myth of infeasibility regarding unconventional approaches and (3) the defects of the medical model of disability. The article argues that the MUD and SID approaches are more associated with the medical model of disability and emphasise individual changes. The RED and COP approaches contain more features of the social model of disability and are in favour of social and structural changes. The COP approach stresses the diverse preferences of disabled people and supports innovative services to combat social exclusion.

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