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

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.

Tracing the Boundaries between Disability and Sickness in the European Union: Squaring the Circle?

European Journal of Health Law ◽

10.1163/15718093-12341392 ◽

2016 ◽

Vol 23 (1) ◽

pp. 5-35

Author(s):

Silvia Favalli ◽

Delia Ferri

Keyword(s):

European Union ◽

Case Law ◽

Social Model ◽

The European Union ◽

Court Of Justice ◽

The Social ◽

Definition Of ◽

Employment Equality

In recent years the European Union (eu) has sought to develop a far-reaching policy regarding persons with disabilities. However, to date, eu non-discrimination legislation does not provide any clear legal definition of what constitutes a disability. The Court of Justice of the European Union (cjeu) has attempted to fill this gap and, in several decisions, has elaborated on the concept of disability and its meaning under eu law. The cjeu, with reference to the application of the Employment Equality Directive, has explained the notion of disability mainly by comparing and contrasting it to the concept of sickness. Against this background, this article critically discusses recent case law and attempts to highlight that, even though the Court has firmly embraced the social model of disability envisaged by the un Convention on the Rights of Persons with Disabilities, the boundaries between the concepts of sickness and disability remain blurred.

Recognizing and Respecting the Rights of Children with Disabilities in the Classroom

International Journal of Education ◽

10.5296/ije.v8i3.9444 ◽

2016 ◽

Vol 8 (3) ◽

pp. 1

Author(s):

Cornelia Schneider

Keyword(s):

Children With Disabilities ◽

Children's Rights ◽

Relationship Building ◽

Children’S Rights ◽

Social Model ◽

Human Beings ◽

Rights Of The Child ◽

The Right

The UN Convention on the Rights of the Child was adopted and ratified in 1990 by the UN General Assembly, and signed by most member countries of the United Nations. However, its implementation is slow, complex, and can to-date be considered as incomplete in most countries, particularly as children’s rights often seem to be in contradiction with traditional perceptions of children as dependent, immature and incompetent human beings under their parents’ tutelage. Furthermore, it appears that children’s rights are at risk of colliding with the rights of the family. These issues are even more strongly highlighted when it comes to children with disabilities, as those children often are perceived as vulnerable and incompetent. The UN Convention on the Rights of Persons with Disabilities of 2006 emphasizes the right to full participation based on the social model of disability, including the right to inclusive education for children with disabilities. This article addresses both conventions, the contradictions within but also with each other, which impede the rights of children with disabilities as much as traditional perceptions of childhood do. It will then demonstrate how the recognition of the rights of children with disabilities can be improved by using the frameworks of sociology of childhood (Corsaro, 2015) and the work on relationship building and solidarity by Honneth (1995). Lastly, the article will give examples of how to implement and respect the rights of children with disabilities in schools, by using the example of the Index for Inclusion.

Religion, culture, and discrimination against persons with disabilities in Nigeria

African Journal of Disability ◽

10.4102/ajod.v5i1.192 ◽

2016 ◽

Vol 5 (1) ◽

Cited By ~ 15

Author(s):

Edwin Etieyibo ◽

Odirin Omiegbe

Keyword(s):

Mental Illness ◽

Oculocutaneous Albinism ◽

Social Model ◽

Social Environments ◽

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.

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

Revista Direito e Práxis ◽

10.1590/2179-8966/2020/47403 ◽

2021 ◽

Vol 12 (4) ◽

pp. 2601-2627

Author(s):

Pedro Pulzatto Peruzzo ◽

Enrique Pace Lima Flores

Keyword(s):

Social Model ◽

Research Focus ◽

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.

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

Social Inclusion ◽

10.17645/si.v5i3.955 ◽

2017 ◽

Vol 5 (3) ◽

pp. 93-103 ◽

Cited By ~ 4

Author(s):

Ralph Sandland

Keyword(s):

Social Model ◽

Best Interests ◽

Disabled Children ◽

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.

Models of Disability and Their Influence on Judicial Decisions: A Preliminary Approach from the Perspective of the Spanish Case Law

Studia Iuridica Lublinensia ◽

10.17951/sil.2020.29.3.173-185 ◽

2020 ◽

Vol 29 (3) ◽

pp. 173

Author(s):

Antonio-Luis Martínez-Pujalte

Keyword(s):

Supreme Court ◽

Case Law ◽

Social Model ◽

Future Research ◽

Judicial Decisions ◽

Models Of Disability ◽

The Social

The purpose of this article is to show the influence on judicial decisions of the approach to disability embedded in the person’s mentality. A brief introduction to the different paradigms of disability is previously provided, distinguishing mainly between the medical and the social model, and noting that the latter has been incorporated by the Convention on the Rights of Persons with Disabilities. The analysis of two recent decisions of the Spanish Supreme Court illustrates the influence of the different models of disability on legal judgements. Finally, some conclusions from this analysis are suggested, which can mark a path for future research.

Design to Break Barriers

The Music Technology Cookbook ◽

10.1093/oso/9780197523889.003.0054 ◽

2020 ◽

pp. 351-360

Author(s):

Jesse Rathgeber

Keyword(s):

Design Process ◽

Disability Studies ◽

Critical Consciousness ◽

Disabled Persons ◽

Social Model ◽

Iterative Design ◽

The Social ◽

New Instruments

In this experience, learners will develop a critical consciousness of barriers to participation rooted in ableism that are “baked into” instruments. This critical consciousness will assist learners in creating controllers with lower/no barriers for disabled persons/persons with disabilities. Learners will encounter concepts such as the “social model of disability” that come from Disability Studies scholarship in order to find and address disabling features of commercially-available instruments and to design new instruments, controllers, and practices that are anti-ableist. Through these experiences, learners will develop skills and knowledge related to using microcontrollers such as the Makey Makey and coding platforms such as Scratch through an iterative design process.

Contributions of a Teacher Training Program to Inclusive Education

Paidéia (Ribeirão Preto) ◽

10.1590/1982-4327e2907 ◽

2019 ◽

Vol 29 ◽

Author(s):

Marivete Gesser ◽

Reginaldo Medeiros Martins

Keyword(s):

Inclusive Education ◽

Basic Education ◽

People With Disabilities ◽

Social Model ◽

Pedagogical Strategies ◽

Educational Processes ◽

Content Analysis Method ◽

The Social

Abstract This study aimed to identify the contributions of the discipline of “Disabilities and Inclusion” offered by the Specialization Course on Gender and Diversity at School (GDS) to promote inclusive educational processes for people with disabilities in basic education. Nine GDS students who were professionals from educational area participated in the research. The information was obtained through a focus group, recorded with the participants’ consent and analyzed based on the thematic content analysis method. The results indicated that there was a change in conception of disability, previously based in charitable and/or in biomedical conceptions, now more in line with the Social Model of Disability and with the precepts of the Convention on the Rights of Persons with Disabilities. In addition, the knowledge obtained by the participants contributed to the construction of pedagogical strategies more focused on the inclusion of people with disabilities considering their specificities.

The Accessibility for Manitobans Act: Ambitions and Achievements in Antidiscrimination and Citizen Participation

Canadian Journal of Disability Studies ◽

10.15353/cjds.v5i4.313 ◽

2016 ◽

Vol 5 (4) ◽

pp. 1

Author(s):

Laverne Jacobs ◽

Britney De Costa ◽

Victoria Cino

Keyword(s):

Citizen Participation ◽

Positive Impact ◽

Well Being ◽

Social Goals ◽

Social Model ◽

Human Right ◽

Disability Discrimination ◽

The Social

The Accessibility for Manitobans Act (AMA) was enacted in December, 2013. Manitoba is the second Canadian province to enact accessibility standards legislation. The first province was Ontario, which enacted the Ontarians with Disabilities Act in 2001, and, later, a more fortified and enforceable Accessibility for Ontarians with Disabilities Act, 2005. The AMA presents a strong set of philosophical and social goals. Its philosophical goals mark accessibility as a human right, and aim to improve the health, independence and well-being of persons with disabilities. The AMA’s social goals have the potential to make a positive impact on the development of equality law norms within the context of disability discrimination. Nevertheless, the AMA would be strengthened with a more robust and explicit appreciation of how disability discrimination issues are experienced. The Act should show a greater recognition of the relevance of embodied impairment to individuals with disabilities, and there should be more significant scope for the statute to address intersectionality within disability discrimination. These two challenges replicate the two principal critiques of the social model of disability –the model of disability on which the AMA is based. Finally, for the legislation to be successful, issues of compliance and enforcement that require positive uses of discretion on the part of the civil service should be addressed early on. The findings of this article may be useful for the implementation of the AMA and for the design of future accessibility legislation in Canada and elsewhere.

Analysing the Definition of Disability in the UN Convention on the Rights of Persons with Disabilities: is it really based on a 'Social Model' approach?

International Journal of Mental Health and Capacity Law ◽

10.19164/ijmhcl.v2017i23.630 ◽

2017 ◽

Vol 2017 (23) ◽

pp. 25 ◽

Cited By ~ 2

Author(s):

Katerina Kazou

Keyword(s):

Social Situation ◽

Social Model ◽

International Classification Of Functioning ◽

Personal Factors ◽

Environmental Barriers ◽

The Social ◽

Wide Range ◽

Definition Of

This article challenges the generally accepted view that the UN Convention on the Rights of Persons with Disabilities 2006 (CRPD) is based on the ‘social model of disability’. The ‘social model’ understands disability as a social situation, and particularly a form of social oppression imposed on people with impairments, which is caused by social and environmental barriers that exclude them from participating in society and which is entirely distinguished from their individual impairment. The article argues that the definition of disability in the CRPD is closer to the definition provided in WHO’s International Classification of Functioning, Disability and Health (ICF). The ICF understands disability as the multi-dimensional and interactive experience of a wide range of difficulties in functioning; in particular, these difficulties include impairments, limitations in performing activities and restrictions in participating in life situations, and arise out of the complex interaction between health conditions, personal factors and barriers in the physical and social environment. Associating the CRPD with the ICF rather than the ‘social model’ might have positive implications for its implementation, as it can avoid the criticism faced by the ‘social model’ for its limitations, especially for considering impairment as being entirely irrelevant to the experience of disability, and therefore governments and policy makers might be less sceptical towards the CRPD and more willing to engage with it. At the same time, the valuable insights of the ‘social model’ regarding the disabling effect of social and environmental barriers can be retained, as the ICF recognises this too, but without ignoring the relevance of impairment to the experience of disability or minimising the health needs of persons with disabilities.