scholarly journals Refugees with Disabilities: A Human Rights Perspective

Refuge ◽  
2001 ◽  
pp. 23-30
Author(s):  
Lina Anani
Keyword(s):  
Human Rights ◽  
Selection Criteria ◽  
Preliminary Survey ◽  
Disability Rights ◽  
International Level ◽  
Persons With Disabilities ◽  
Human Rights Movement ◽  
Rights Discourse ◽  
Movement Disability ◽  
Human Rights Discourse

This paper will provide a preliminary survey of the evolution and positioning of disability rights as human rights and the discrepancy between Canadian resettlement policies with regard to refugees and Canada's rhetoric with regard to persons with disabilities. Some of the activities of the disability rights movements are outlined and significant achievements at the international level through the United Nations are examined. Similar to the women's human rights movement, disability rights are also emerging from the margins towards the mainstream of human rights discourse. Canada's legislation and policies towards persons with disabilities have mirrored these developments in providing protection. However, for refugees with disabilities the benefits seem minimal. In fact, while proclaiming the rhetoric of disability rights to its own citizens, Canada has implemented policies which are discriminatory towards refugees with disabilities. Canada's overseas resettlement selection criteria is at odds with its domestic and international positions regarding the human rights of persons with disabilities.

scholarly journals Including Disability in Business and Human Rights Discourse and Corporate Practice

2021 ◽  
pp. 1-24
Author(s):  
Michael Ashley STEIN ◽  
Ilias BANTEKAS
Keyword(s):  
Human Rights ◽  
Multinational Corporations ◽  
Disabled Persons ◽  
Disability Rights ◽  
Employment Practices ◽  
Persons With Disabilities ◽  
Business And Human Rights ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Self Enforcement

Abstract Despite significant progress in business and human rights (BHR) discourse and the practices of multinational corporations (MNCs), persons with disabilities and disability rights are absent from both the key instruments and practice of BHR. This lacuna exists despite the near-universal ratification of the United Nations (UN) Convention on the Rights of Persons with Disabilities, as well as the fact that disabled persons constitute over 15 per cent of the global population and MNC operations impact them greatly and disproportionately. We argue that MNCs have a central role, responsibility and opportunity to foment change globally in fulfilling the human rights of persons with disabilities through their employment practices and by leveraging their economic power to fulfil other aspects of disability-based human rights. Doing so requires the development and self-enforcement of disability-specific human rights due diligence (HRDD) processes, and creating a general culture of diversity, equity and inclusion that encompasses disability.

scholarly journals The Convention on the Rights of Persons with Disabilities and the social model of health: new perspectives

2014 ◽  
pp. 74 ◽  
Author(s):  
Penelope Weller
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Social Model ◽  
Persons With Disabilities ◽  
People With Mental Illness ◽  
European Court ◽  
The Social ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Health Laws

Contemporary mental health laws are embedded in basic human rights principle, and their ongoing evolution is influenced by contemporary human rights discourse, international declarations and conventions, and the authoritative jurisprudence of the European Court of Human Rights (ECrtHR). The<em> Convention on the Rights of Persons with Disabilities</em> (CRPD) is the most recent expression of international human rights applicable to people with disability including people with mental illness.3 It provides a fresh benchmark against which to assess the human rights compatibility of domestic mental health laws.

Common Ground of Feminism and Cultural Relativism in Human Rights Discourse

1998 ◽  
pp. 52-57
Author(s):  
Krishna Mallick
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Sex Determination ◽  
Medical Technology ◽  
Common Ground ◽  
Cultural Relativism ◽  
International Level ◽  
Cultural Conditioning ◽  
Rights Discourse ◽  
Human Rights Discourse

Feminists and cultural relativists are highly critical of human rights even if their criticisms have taken two diametrically opposed sides. This has created a conflict between the two groups. In this paper, I summarize the views of feminists and cultural relativists and then show that there are many similarities between them despite their differences, for they share a common ground concerning human rights discourse. Based on the similarities, I believe that both must work together on this matter by making changes in an inclusive way with regard to human rights violations. This is true not only at the international level but also at national levels. To demonstrate this, I analyze the issue of the sex-determination test in India and show that if feminists and cultural relativists joined hands, then the problem of aborting female fetuses in India (due to cultural conditioning and leading to the larger problem of adverse sex ratios) could be resolved. I conclude by proposing that medical technology could be channeled in the direction of progress if feminists and cultural relativists work jointly for the promotion of women's rights by recognizing 'different voices' of women across race, class, age, culture, sexual orientation and wealth.

Housing as a Basic Human Right: A Reflection on South Africa

2019 ◽  
Vol 31 (1) ◽  
Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Social Development ◽  
Urban Poor ◽  
Active Role ◽  
Human Right ◽  
Economic Rights ◽  
Development Agenda ◽  
Rights Discourse ◽  
Human Rights Discourse

This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a prerequisite for the optimum development of individuals, families and communities. Without the other related socio-economic rights, the provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through the Reconstruction and Development Programme, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development-oriented housing delivery.

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

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.

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