The Abolition of the Disability Rating System and the Role of the Court in Ensuring Effective Remedies for Persons with Disabilities

2018 ◽  
Vol 23 (1) ◽  
pp. 41-86
Author(s):  
Sung-An CHA
Author(s):  
Lisa Waddington

This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.


2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Rachmadani Fatria Agung Gumelar ◽  
Martinus Sardi

Persons with disabilities still find it difficult to find and obtain work because they are considered less productive and incapable to work. However, every human being has human rights including the right to obtain work and to persons with disabilities. This study aims to understand the Indonesian government's role based on human rights instruments' concern for work opportunities. The research used a normative study with a descriptive qualitative analysis which is focused on library research and analysis of the compilation of written data. The author found that the role of government is through policies and realization on the program where the direction not only supervision within sanction to the employer but also develop quality and placement of disabilities workforce, open special labor market and promotion to all stakeholder for providing recruitment. Nonetheless, the national government role in the realization of obligation from the human rights legal instruments both international or national still not comprehensively comply with the provision because the specific regulation relates to employment still have discrimination provision, absence of government technical regulation about disabilities employment, lack of regulation and policy measures to encourage private sectors for hire persons with disabilities.


2021 ◽  
Vol 03 (03) ◽  
pp. 299-303
Author(s):  
Hassan Mohammed ABUOKATYYIF

Many are strategies to ensure disability in areas of education and health and access to place and information, but in this experience, we are in the role of civil society organizations in providing possible services in the community integration of an important chip, especially the time of crises and wars (The subject of this experience). We aimed to prepare a model for an inclusive and supportive summer club for children with disabilities with ordinary children from 7 to 14 years old, taking into account the awareness and understanding of ordinary students or children and accept them for their counterparts, unity, mobility and others. We have divided the club into many programs, paragraphs and science and put them through video, participation and entertainment as well as many supporting psychosocial and participation and entertainment as well as many supporting mental and social programs and contracted a specialized organization that took it upon itself to study the behaviors and submit reports with the club's specialists. the topics of the club have covered an interactive and entertainment study as well as the science of Quran and development and life skills such as drawing and coloring – young media, theater and crochet – computer principles as well as weekly and monthly encouraging competitions which made us believe that we have been in the theme of cleaving and integration, and this is evident in the clear harmony through competitions, dances, songs, and the fear and tightness and intensity we have noticed at the beginning of the club, which made us seek to mainstream and develop the idea and recommend to the government, private sector and civil society and urged them to conduct efforts for effective participation and ensure persons with disabilities, especially children to remove them from the situation of war and conflict and support their psychological and social balance..


Author(s):  
Grislayne Guedes Lopes da Silva ◽  
Reinaldo Miranda de Sá Teles

O presente artigo tem como principal objetivo averiguar como as empresas de Ecoturismo e Turismo de Aventura percebem a atuação do poder público e do privado em ações direcionadas para a acessibilidade. Considerando que o objeto de estudo é a acessibilidade, no decorrer da pesquisa buscou-se compreender como questões relacionadas a esse tema são percebidas pelos empreendedores; se o mercado está se adequando para receber esse perfil de público com deficiência ou mobilidade reduzida; e se há demonstração de interesse em tornar atividades acessíveis para essa demanda crescente. Os principais resultados do estudo demonstram que a maioria das empresas não estão preparadas para atender esse público, porém apontam direções que visam a melhoria no atendimento do público em questão e a qualidade da oferta de Ecoturismo e Turismo de Aventura no quesito acessibilidade. Accessibility in Ecotourism and Adventure Tourism: the role of the government and private companies The main objective of this article is to ascertain how Ecotourism and Adventure Tourism companies perceive the role of the government and private companies in activities related to accessibility. Whereas the focus of this study is accessibility, during the research phase it was sought to understand how issues related to this topic are perceived by entrepreneurs, if the market is adapting to be able to accommodate persons with disabilities or reduced mobility, and any interest has been demonstrated in making activities accessible in light of this growing demand. The main results of the study show that most companies are not prepared to accommodate this segment of the population; however, suggestions are made for improving their ability to meet the needs of this public, as well as the quality of Ecotourism and Adventure Tourism services in terms of accessibility. KEYWORDS: Government; Private companies; Accessibility; Qualitative research.


Author(s):  
Eva Vicente ◽  
Cristina Mumbardó-Adam ◽  
Verónica M. Guillén ◽  
Teresa Coma-Roselló ◽  
María-Ángeles Bravo-Álvarez ◽  
...  

The Convention on the Rights of Persons with Disabilities have proclaimed the basic right of people to make one’s own choices, have an effective participation and inclusion. Research in the field of disability have stressed self-determination as a key construct because of its impact on their quality of life and the achievement of desired educational and adulthood related outcomes. Self-determination development must be promoted through specific strategies and especially, by providing tailored opportunities to practice those skills. Providing these opportunities across environments could be especially relevant as a facilitator of self-determination development. This manuscript aims to ascertain if opportunities at home and in the community to engage in self-determined actions are mediating the relationship between people intellectual disability level and their self-determination. Results have confirmed direct effects of intellectual disability level on self-determination scores. Indirect effects also predicted self-determination and almost all its related components (self-initiation, self-direction, self-regulation, self-realization, and empowerment) through opportunities in the community and at home. Autonomy was predicted by the intellectual disability level through an indirect effect of opportunities at home, but not in the community. These results highlight the need for further research to better operationalize and promote contextually rooted opportunities for people with intellectual disability to become more self-determined.


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