scholarly journals Is the Right to Access to the Services and Supports Ensured for the Deaf and Hard-of-Hearing Children? An Ethnographic Study Based on the Experience of Hearing Parents

Societies ◽  
2018 ◽  
Vol 8 (3) ◽  
pp. 53
Author(s):  
Carolina Puyaltó ◽  
Charles Gaucher ◽  
Ann Beaton
Keyword(s):  
Hard Of Hearing ◽  
Ethnographic Study ◽  
Persons With Disabilities ◽  
Hearing Parents ◽  
Depth Interview ◽  
United Nations Convention ◽  
Services And Supports ◽  
The Right ◽  
Hearing Children ◽  
Access Services

The right of people with disabilities to access services and supports they need is internationally recognized by the United Nations’ Convention (CRPD) on the Rights of Persons with Disabilities. However, deaf and hard-of-hearing children face obstacles to access services requested by their parents. As part of a broader ethnographic research project focused on the experience of Francophone hearing parents of deaf and hard-of-hearing children, this study explores the obstacles encountered by parents in their struggle to ensure that the needs of their children are met. 117 parents from Canada (n = 52), Belgium (n = 15), France (n = 23), and Switzerland (n = 27) participated in an in-depth interview. The main findings show that parents face important difficulties to access the available services due to their rural location, situated far from the main health services and due to the long wait times. Also, the unavailability of some of the rehabilitation and educational services represent another important obstacle that leads parents to become the main advocates for their children rights. Finally, some lines of action to implement the CRPD provisions are drawn to contribute to the right of deaf and hard-of-hearing children to access to the services they need.

Art.26 Habilitation and Rehabilitation

2018 ◽  
Author(s):  
Bickenbach Jerome ◽  
Skempes Dimitrios
Keyword(s):  
Independent Living ◽  
Health Condition ◽  
Rehabilitation Services ◽  
Physical And Mental Health ◽  
Right To Education ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
Services And Supports ◽  
The Individual ◽  
The Right

This chapter examines Article 26 of the United Nations Convention on the Rights of Persons with Disabilities, which reaffirms the relevance of rehabilitation as a means for the full enjoyment of the right to the highest attainable standard of physical and mental health, the right to employment, the right to education, and the right to independent living of persons with disability. The focus of the article is on access to rehabilitation services and programmes. Article 26 addresses both rehabilitation and habilitation to mark the distinction between services and supports that return an individual to a situation of independence, ability, inclusion, and participation—such as would be experienced prior to an injury or the onset of a health condition—as well as services and supports that bring the individual to maximal independence—in the case of children born with congenital impairments.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

Art.20 Personal Mobility

2018 ◽  
Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Personal Mobility ◽  
Cultural Activities ◽  
European Court ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.

Art.15 Protection against Torture and Cruel or Inhuman or Degrading Treatment or Punishment

2018 ◽  
Author(s):  
Fennell Phil
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
United Nations ◽  
Right To Health ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Right To Health Care ◽  
United Nations Convention ◽  
Degrading Treatment ◽  
The Right

This chapter examines Article 15 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which prohibits torture and cruel, inhuman, or degrading treatment or punishment (CIDTP), irrespective of the circumstances and the victim’s behaviour. Article 15 rights overlap with rights under other CRPD articles, including the right to legal capacity on an equal basis with others under Article 12; the right to liberty and security under Article 14; the right to protection against violence, exploitation and abuse under Article 16; the right to physical and mental integrity under Article 17 and; the right to health care on an equal basis with others and based on informed consent under Article 25.

Art.10 Right to Life

2018 ◽  
Author(s):  
Nizar Smitha
Keyword(s):  
United Nations ◽  
Human Beings ◽  
Right To Life ◽  
Persons With Disabilities ◽  
Optional Protocol ◽  
United Nations Convention ◽  
Micro Level ◽  
The United Nations ◽  
The Individual ◽  
The Right

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.

Art.7 Children with Disabilities

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
Children With Disabilities ◽  
Best Interests ◽  
Right To Life ◽  
Persons With Disabilities ◽  
Rights Of The Child ◽  
General Welfare ◽  
Survival And Development ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.

scholarly journals Disability Rights in Botswana: Perspectives of Individuals With Disabilities

2019 ◽  
Vol 31 (1) ◽  
pp. 46-56
Author(s):  
Sourav Mukhopadhyay ◽  
Emmanuel Moswela
Keyword(s):  
Service Providers ◽  
Disability Rights ◽  
Individuals With Disabilities ◽  
Persons With Disabilities ◽  
Information Barriers ◽  
Transport Barriers ◽  
United Nations Convention ◽  
The Government ◽  
Depth Interviews ◽  
Access Services

Even though the United Nations Convention on the Rights of Persons With Disabilities (UN-CRPD) 2006 has been in existence for the last 10 years, the Government of Botswana has not ratified the convention. As a result, individuals with disabilities (IWDs) fail to access services and are at the mercy of the service providers. This qualitative study involved in-depth interviews with 30 IWDs about their experiences related to disability rights. Analysis of the data indicated that IWDs face several challenges in exercising their basic rights; these challenges being (a) stigmatization, (b) infrastructural barriers, (c) transport barriers, and (d) information barriers. Findings suggested that awareness of disability rights among IWDs, caregivers, and the general public was generally low. As a result, many IWDs were not aware of their rights and therefore could not exercise their rights fully.

Legislating personhood: realising the right to support in exercising legal capacity

2014 ◽  
Vol 10 (1) ◽  
pp. 81-104 ◽  
Author(s):  
Eilionoir Flynn ◽  
Anna Arstein-Kerslake
Keyword(s):  
Decision Making ◽  
Political Philosophy ◽  
United Nations ◽  
People With Disabilities ◽  
Decision Makers ◽  
Legal Capacity ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The Right

AbstractThis paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities, and others). The United Nations Convention on the Rights of Persons with Disabilities (CRPD) challenges this notion by guaranteeing respect for the right to legal capacity for people with disabilities on an equal basis with others and in all areas of life (Article 12). The paper uses the CRPD to argue for a conception of personhood that is divorced from cognition and a corresponding recognition of legal capacity as a universal attribute that all persons possess. Finally, a support model for the exercise of legal capacity is proposed as a possible alternative to the existing models of substituted decision-making that deny legal capacity and impose outside decision-makers.

scholarly journals Accessibility of facilities and services for people with disabilities in the paradigm of law

2021 ◽  
Vol 10 (44) ◽  
pp. 188-197
Author(s):  
Dmytro Pryimachenko ◽  
Vladyslav Lipynskyi ◽  
Anna Maslova ◽  
Svitlana Voloshina ◽  
Olena Varhuliak
Keyword(s):  
Quality Of Life ◽  
Positive Experience ◽  
Minimum Level ◽  
Special Design ◽  
Persons With Disabilities ◽  
Major Topic ◽  
Domestic Legislation ◽  
United Nations Convention ◽  
The Right

The authors of the article touch on the major topic of ensuring access of persons with disabilities to facilities and services, which is an indicator of guaranteeing the rights and freedoms of such citizens and ultimately determines the quality of life of such people. The article analyzes the current Ukrainian legislation, as well as international legal acts governing relations regarding access of persons with disabilities to the general infrastructure. The methodology of the article includes methods of analysis, synthesis, formal-legal and comparative-legal methods. The essence of the right of persons with disabilities to access facilities and services is the legally guaranteed possibility of these persons to freely use all facilities and services without any barriers, including through the adaptation of the latter or their special design. The authors of the article thoroughly researched the concept and content of the right of persons with disabilities to access facilities and services. Finally, the authors concluded that the current domestic legislation, although ensuring the minimum level of rights of persons with disabilities in the study area but needs to be improved taking into account the positive experience of European countries and following the United Nations Convention on the Rights of Persons with Disabilities.

Sign in / Sign up

Export Citation Format

Share Document