scholarly journals THE ACCESSIBILITY OF BUILDINGS AND HOUSES FOR DISABLED PERSONS: THE LAW AND PRACTICE IN MALAYSIA

2012 ◽  
Vol 15 (1) ◽  
Author(s):  
Azlinor Sufian
Keyword(s):  
Social Development ◽  
Public Housing ◽  
Initial Step ◽  
Disabled Persons ◽  
Easy Access ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
Statutory Requirement ◽  
Full Participation ◽  
The Law

Malaysia is one of the signatories to the proclamations of Asia & Pacific Decade of Disabled Persons (1993-2002), yet Malaysia is still lacking of comprehensive laws as regards to rights of persons with disabilities. The only law available is the Uniform Building (Amendment) By Laws, 1991(UBBL Amendment 1991) that provides for building requirements for disabled persons. This by law may be regarded as an initial step taken by Malaysia to ensure a disabled person’s right to full participation in social development. Despite the existence of this by law, most buildings in Malaysia do not have proper facilities or provide easy access for persons with disabilities. Similarly as far as housing is concerned there is no statutory requirement stipulating that housing (in particular public housing) should be designed to accommodate the needs of persons with disabilities. It is the aim of this article to look into some legal provisions related to barrier free buildings including housing in Malaysia.

Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan

2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir
Keyword(s):  
Human Rights ◽  
Minority Group ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
Federal Constitution ◽  
Norms And Values ◽  
The Disabled ◽  
The Government ◽  
The Right

Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.

scholarly journals PAYUNG HUKUM PENYANDANG DISABILITAS DALAM KONTEKS DUKUNGAN DAN AKSESIBILITAS TERHADAP PEMBANGUNAN SOSIAL BERKELANJUTAN

2018 ◽  
Vol 1 (2) ◽  
pp. 201
Author(s):  
Muhammad Ramadhana Alfaris
Keyword(s):  
Social Development ◽  
Analytical Methods ◽  
Physical Disabilities ◽  
People With Disabilities ◽  
Health Access ◽  
Persons With Disabilities ◽  
Education Access ◽  
Political Access ◽  
Physical Limitations ◽  
The Law

Disability is a condition experienced by a person with various kinds of physical limitations. The thing of unfair is a sensitive part for people with disabilities, starting from discrimination, less of support, community stigma, and many inadequate access for people with disabilities. Therefore, the identification of problems in this study discusses the legal umbrella for persons with disabilities as well as support and accessibility to sustainable social development. This study uses descriptive analytical methods to explain the existing situation by using a normative juridical approach to identify and examine the law. The result is there are still many discriminatory attitudes towards persons with disabilities, such as from education access that is not yet the totality of persons with disabilities, then economic access for people with disabilities is less considered, then in health access that is still not fulfilled, especially health against physical disabilities, and less education of political access access for people with disabilities.Kata Kunci: payung hukum disabilitas, dukungan, aksesibilitas, pembangunan sosial.

Shared Responsibilities for Full Participation in Society: Planning Further Integration of the ICF Into AAC

2016 ◽  
Vol 1 (12) ◽  
pp. 83-93 ◽  
Author(s):  
Mary Blake Huer ◽  
Travis T. Threats
Keyword(s):  
Environmental Factors ◽  
Augmentative And Alternative Communication ◽  
Functional Limitations ◽  
Community Support ◽  
World Health ◽  
International Classification Of Functioning ◽  
Personal Factors ◽  
Social Service Agencies ◽  
Persons With Disabilities ◽  
Full Participation

The World Health Organization's (WHO's) 2001 International Classification of Functioning Disability and Health (ICF) has as one of its central tenets the full inclusion of persons with disabilities in society. It acknowledges the need for medical and rehabilitation intervention in its biopscychosocial framework. However, the WHO realizes that society must do its part to facilitate this full participation and empowerment. Persons with complex communication needs (PWCCN) often need augmentative and alternative communication (AAC) in order to express themselves. However, in order to access and successfully use AAC, PWCCN need access to the necessary AAC devices and services, as well as a willing society to interact with them as full contributing members of society. The factors outside of a person's specific physical and/or cognitive functional limitations are addressed in the ICF via the Personal and Environmental Factors. Personal Factors include the individual's personality traits, lifestyle, experiences, social/educational/professional background, race, gender, and age. Environmental Factors include community support systems, social service agencies, governments, social networks, and those persons that interact with the PWCCN. This article addresses the sociopolitical influences on PWCCN and their functioning from a human rights perspective. The necessary introspective role of speech-language pathologists in this process is explored.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

Ghana's Children's Act 560: A Rethink of its Implementation?

2011 ◽  
Vol 19 (2) ◽  
pp. 151-165 ◽  
Author(s):  
Patrick McCrystal ◽  
Esmeranda Manful
Keyword(s):  
Child Care ◽  
Child Protection ◽  
Professional Training ◽  
Social Care ◽  
Legal Protection ◽  
Initial Step ◽  
Legal Rights ◽  
Rights Of The Child ◽  
Administrative Framework ◽  
The Law

AbstractIn 1998 Ghana harmonised its child care legislation to conform to the Convention on the Rights of the Child by enacting the Children's Act 1998, Act 560. Some stakeholders expressed misgivings at its capacity to ensure child protection, but little literature exists on the views of professionals working within the law. This paper presents an investigation of the views of professionals who are mandated to work within the law to ensure the rights of the child to legal protection in Ghana. The findings suggest that there is a gap between legal intent and practice. It is concluded from these findings that for better child protection, the provision of legal rights for children is only an initial step; the administrative framework including better professional training, adequate resources for social care agencies and the establishment of new structures also needs to be reconsidered.

scholarly journals Monitoring mechanisms designed to serve persons with intellectual disabilities: exploring the implementation of Article 16 CRPD in Cyprus

2018 ◽  
Vol 15 (1) ◽  
pp. 33-50 ◽  
Author(s):  
Emily Julia Kakoullis
Keyword(s):  
Human Rights ◽  
Intellectual Disabilities ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
National Human ◽  
Adults With Intellectual Disabilities ◽  
National Human Rights Institutions ◽  
Relationship Of ◽  
Forms Of Violence ◽  
The Relationship

AbstractIn its concluding observations for Cyprus, the UN Convention on the Rights of Persons with Disabilities (CRPD) Committee stated that it ‘is concerned about the insufficiency of legal provisions and accessible mechanisms to detect, report, prevent and combat all forms of violence’.1This paper focuses on the independent monitoring obligation Article 16(3) CRPD places on states parties, and discusses the implications of the insufficient implementation of Article 16(3) as it affects adults with intellectual disabilities in Cyprus. It examines the existing monitoring frameworks, explains why they do not meet with Article 16(3) CRPD requirements and explores the relationship of the national human rights institutions (NHRIs) with Article 16(3). This paper enables understanding as to how, despite pre-existing monitoring frameworks in place, no independent monitoring action has been taken since the ratification of the CRPD. It argues that there is an immediate need for measures to achieve the implementation of Article 16(3) and makes recommendations for Cyprus and other states parties.

scholarly journals Language of disability as a factor of discrimination of persons with disabilities

Temida ◽  
2015 ◽  
Vol 18 (1) ◽  
pp. 111-126
Author(s):  
Filip Miric
Keyword(s):  
Social Networks ◽  
Special Needs ◽  
Language Disability ◽  
People With Disabilities ◽  
Social Situation ◽  
Contemporary Society ◽  
Persons With Disabilities ◽  
Full Participation ◽  
The Subject ◽  
The Impact

The incorrect labeling of people with disabilities as people with special needs constitutes not only a violation of equality but also a special criminological and criminal justice phenomenon. There are no special needs, but just different ways of satisfying them. The subject of this paper is an analyses of the impact of labeling people with disabilities and language disability on a discriminatory process and considers whether the victimization of persons with disabilities engenders inequality. The labeling of people with disabilities throughout history will also be considered. A questionnaire was distributed via Facebook in order to explore the opinions of users of social networks on language disability and its impact on discrimination. The aim of the paper is to highlight the effect labeling has on the overall social situation of people with disabilities. It is argued that the accurate usage of appropriate linguistic terminology would help prevent the victimization of persons with disabilities and accentuate the realization of their full participation in contemporary society.

scholarly journals Pemakaian Kaedah Istihlak dan Istihalah dalam Penentuan Produk Halal di Malaysia Berdasarkan Bidangkuasa Perundangan dan Keputusan Hukum Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia

2019 ◽  
Vol 15 (1) ◽  
pp. 23-43
Author(s):  
Zulfaqar mamat Ab rahman
Keyword(s):  
Decision Making ◽  
Well Being ◽  
National Council ◽  
Legal Provisions ◽  
Differences Of Opinion ◽  
Library Studies ◽  
The Law

Sometimes there is a doubt in society, especially Muslims today about food and consumables that have been mixed in terms of content. The purpose of this study is to see the extent of istihlak and istihalah methods in the production of a halal product in Malaysia. Library studies have been used in establishing the basis of decision making for these two methods, views and differences of opinion between the fuqaha on various fiqh school of thought are also highlighted based on their main books. Furthermore, istihlak and istihalah's position in halal product processing in Malaysia is reviewed by examining the enactments and related acts. In addition, the fatwa and legal provisions decided by the authorized party, The National Council of Fatwa Commitee Malaysia were also reviewed to evaluate the application of this method more thoroughly. The study found that istihlak and istihalah methods used in the production of halal products in Malaysia are only in a narrow and restricted context as practice in the Syafie school of thought. Priority to the Syafie school of thought which is the official sects of the country in the determination and interpreting of the law and fatwa continues to be maintained in order to safeguard the harmony and well-being of society in general. ABSTRAK Kajian ini bertujuan untuk melihat sejauhmana kaedah istihlak dan istihalah diterima dalam  menentukan penghasilan sesuatu produk halal di Malaysia. Kajian perpustakaan telah digunakan dalam menetapkan asas penetapan hukum  bagi kedua-dua kaedah ini, pandangan dan perbezaan pendapat antara fuqaha mazhab juga diketengahkan berdasarkan kitab-kitab utama mereka. Seterusnya kedudukan istihlak dan istihalah dalam pemprosesan produk halal di Malaysia dikaji dengan meneliti enakmen dan akta berkaitan. Selain itu, fatwa dan ketetapan hukum yang diputuskan pihak yang diberi kuasa iaitu Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia juga diteliti untuk menilai pemakaian kaedah ini secara lebih menyeluruh. Kajian mendapati kaedah istihlak dan istihalah yang digunakan dalam penghasilan produk halal di Malaysia hanya dalam konteks yang sempit dan terhad sahaja sebagaimana amalan dalam mazhab Syafie. Keutamaan kepada mazhab Syafie yang menjadi pegangan rasmi negara dalam menentu dan mentafsirkan hukum serta fatwa terus dikekalkan demi menjaga keharmonian dan kesejahteraan masyarakat secara amnya.

scholarly journals International protection of persons with mental disabilities

Temida ◽  
2007 ◽  
Vol 10 (3) ◽  
pp. 11-24
Author(s):  
Zoran Radivojevic ◽  
Nebojsa Raicevic
Keyword(s):  
Soft Law ◽  
The European Union ◽  
Mental Disabilities ◽  
International Treaties ◽  
Council Of Europe ◽  
International Protection ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
The Status ◽  
Special Protection

In International law, the status of persons with mental disabilities is regulated within the framework on the protection of persons with disabilities. Their rights are protected not only by international treaties comprising legal provisions of binding character for the parties but also by means of the so-called "soft law" comprising international documents which are not legally binding. Most of the general and subject specific treaties on human rights do not explicitly deal with the status of persons with disabilities. Only recently have some treaties been made containing legal provisions on special protection of persons with disabilities. The most important treaty of this kind is the UN Convention on the Rights of Persons with Disabilities, adopted in the year 2006. The protection of such persons is regulated in much more detail by "soft law" which includes a number of documents adopted by the UN, the Council of Europe and the European Union. Although most of these documents primarily pertain to the rights and the status of persons with disabilities, there are a few that exclusively deal with the protection of persons with mental disorder.

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