scholarly journals Access to justice for people with disabilities in employment

2019 ◽  
Vol 4 (1) ◽  
pp. 9-16
Author(s):  
Imam Wicaksono
Keyword(s):  
Social Services ◽  
Legal Protection ◽  
People With Disabilities ◽  
Access To Justice ◽  
Persons With Disabilities ◽  
Public Facilities ◽  
State Constitution ◽  
Legal Case ◽  
The Right ◽  
Structure Of Education

Access to Justice for people with disabilities is a term used to describe the legal protection given to persons with disabilities in their efforts to meet their needs from things that can endanger persons with disabilities themselves.The right to obtain employment including for workers with disabilities is regulated in the Indonesian state constitution. Therefore, these rights are protected and guaranteed by law, so companies that employ persons with disabilities in particular must protect the rights of persons with disabilities.The method used in this study is this research is a type of normative law research using normative legal case studies in the form of legal behavior products. Persons with disabilities must receive the support needed in the structure of education, health, employment and social services, so that the rights of persons with disabilities are in the perspective of human rights. Normatively, there are actually several legal instruments that have been born to protect the rights of persons with disabilities to work. Law No. 13 of 2003 concerning Employment which forbids discrimination to persons with disabilities The right of persons with disabilities to obtain accessibility contained in Article 18 of Law No.8 / 2016 concerning Persons with Disabilities, namely, obtaining accessibility to utilize public facilities and obtain adequate accommodation as a form of accessibility for individuals.   

scholarly journals Discapacidad y mediación

Aldaba ◽  
2018 ◽  
pp. 99
Author(s):  
Gloria Álvarez Ramírez
Keyword(s):  
Social Environment ◽  
People With Disabilities ◽  
Equality Of Opportunity ◽  
Self Determination ◽  
Access To Justice ◽  
Persons With Disabilities ◽  
The Disabled ◽  
The Will ◽  
The Right

Pese a las importantes transformaciones sufridas en los últimos años sobre la concepción y el tratamiento de las personas con discapacidad que la ubican como sujeto de derechos capaz de decidir por sí mismo, lo cierto es que persisten determinadas barreras físicas, sensoriales, en la comunicación y, especialmente, en la percepción, resultantes de la interacción entre la persona con discapacidad y un entorno social hostil que dificultan el ejercicio del derecho al acceso a la justicia; y esquivar estas situaciones sin tratar de solucionarlas, supone abocar a las personas con discapacidad a un difícil acceso, o lo que es peor, al impedimento en la defensa de sus derechos. El campo de acción de los sistemas de gestión y resolución de conflictos que, por su esencia misma de flexibilidad, agilidad y, principalmente, la exigencia de que quienes acuden a ellos lo hagan desde el ejercicio de la libertad o desde la autonomía de la voluntad, resulta de sumo interés para las personas con discapacidad, en la medida en que procuran la igualdad de oportunidades, la accesibilidad y la potenciación de la libre determinación.In spite of the important changes undergone in recent years in the conception and treatment of people with disabilities who place them as a subject of rights capable of deciding for themselves, certain physical and sensorial barriers persist in communication and, especially in perception, resulting from the interaction between the disabled person and a hostile social environment that hinder the exercise of the right to access to justice; and avoid these situations without trying to solve them, is to give people with disabilities difficult access, or, worse, the impediment in the defense of their rights. The field of action of the systems of management and resolution of conflicts that, by its very essence of flexibility, agility and, mainly, the requirement that those who come to them do it from the exercise of freedom or from the autonomy of the will, Is of great interest to persons with disabilities, insofar as they seek equality of opportunity, accessibility and the enhancement of self-determination.

scholarly journals Derecho a la salud, personas con discapacidad y acceso a la justicia / Right to health, people with disabilities and access to justice

2018 ◽  
pp. 11-24
Author(s):  
Juan Santiago Ylarri
Keyword(s):  
People With Disabilities ◽  
Case Law ◽  
Right To Health ◽  
Access To Justice ◽  
Constitutional Rights ◽  
Judicial Process ◽  
Persons With Disabilities ◽  
Class Actions ◽  
The Supreme Court ◽  
The Right

El presente trabajo tiene por objeto analizar el acceso a la justicia en materia del derecho a la salud, en particular, de las personas con discapacidad. En primer lugar, se examinan las normas que regulan la cuestión y la jurisprudencia de la Corte Suprema en la materia. Luego, se hace referencia a diversos precedentes en materia de acceso a la justicia de las personas con discapacidad. También, se desarrollan las acciones de clase como un mecanismo apto para garantizar los derechos de las personas con discapacidad.Se concluye que los tribunales no deberían ser especialmente rigurosos en los aspectos formales de los procesos judiciales, a fin asegurar una adecuada tutela de los derechos constitucionales en juego.   In this paper we will analyze access to justice on the right to health, particularly for people with disabilities. First, we will examine the rules governing the issue and the case law of the Supreme Court in the matter. We will refer to the case law regarding access to justice for people with disabilities. Also class actions are studied as a mechanism to guarantee the rights of persons with disabilities. We conclude that courts should not be particularly rigorous in the formal aspects of judicial process, in order to ensure appropriate protection of constitutional rights at stake.

Chronic Illness

2020 ◽  
pp. 285-306
Author(s):  
Oliver Lewis ◽  
Soumitra Pathare
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Independent Living ◽  
People With Disabilities ◽  
Well Being ◽  
Persons With Disabilities ◽  
Implementation Challenges ◽  
National Implementation ◽  
The Right ◽  
Models Of Service Delivery

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.

THE COMPLIANCE OF THE CIVIL PROCEDURE LAW WITH ARTICLE 13 OF UN CONVENTION ON THE RIGHT OF PERSONS WITH DISABILITIES

2019 ◽  
pp. 150
Author(s):  
Aldis Kaļva
Keyword(s):  
Civil Procedure ◽  
Access To Justice ◽  
Persons With Disabilities ◽  
Civil Proceedings ◽  
The Right

The paper explores the compliance of the Civil Procedure Law with Article 13 of the UN Convention on the Rights of Persons with Disabilities. Latvia has ratified the UN Convention on the Rights of Persons with Disabilities in 2010; therefore it is important to study how the rights of persons with disabilities stated in the convention are respected in civil proceedings in practice with respect to effective access to justice.

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 KELOMPOK DIFABEL DAN KESEMPATAN KERJA: PENANGGULANGAN DISKRIMINASI DI DUNIA KERJA DALAM PERSPEKTIF PEKERJAAN SOSIAL

2019 ◽  
Vol 5 (02) ◽  
pp. 121
Author(s):  
Anisa Anisa
Keyword(s):  
Social Services ◽  
Equal Opportunity ◽  
Development Program ◽  
People With Disabilities ◽  
Secondary Data ◽  
Government Policies ◽  
Equal Rights ◽  
Literature Study ◽  
Public Facilities ◽  
Development Policies

Disability is a state where people experiencing who have not do things in the usual way. Even so, people with disabilities are still a part of society that must earn equal rights. This article aims: 1) to identify the existing condition regarding with the discrimination of diffable gropus in Indonesia, especially when they will participate to inte the workforce, 2) to analyze an effort to overcome public stigma for diffable groups in the work environment through a social work approach. The method of this study used literature study with collecting secondary data from various source. The result of study showed that diffable groups have equal opportunity with all people to obtain jobs and participate in the economic development. Futhermore people with disabilities, government policies, social workers, social services, and public facilities play a crucial role in making it easier for people with disabilities in the workforce. Therefore, the government’s efforts to be responsible for the welfare of all its citizens can be conducted equal access by implementing an inclusive social development program. Inclusive program can also mean that development policies are designed fairly and equitably by involving all communities actively so that all Indonesian citizens can enjoy the results of development.

scholarly journals Problematika Penyandang Disabilitas Dalam Pemilu Studi Kasus Pemilu Legislatif Tahun 2014 di Jakarta

2016 ◽  
Vol 5 (1) ◽  
pp. 34-44
Author(s):  
Nadya Kharima
Keyword(s):  
People With Disabilities ◽  
Voting Rights ◽  
General Election ◽  
Persons With Disabilities ◽  
Field Officer ◽  
Election System ◽  
General Elections ◽  
The Right

General election, as a locust for citizens, functions to practice their voting rights, including those people with different abilities. Although there have been policies covering the right of the later, until now, the election system still facing problems for fulfilling the right for people with disabilities. Based on report documents of two general elections, this article discusses several crucial challenges such as data on people with disabilities, accessibility to voting venue, lack of understanding of both field officer and persons with disabilities. Thus, these situations reflect a big agenda for the expected future elections in regard to in the fulfillment of persons with disabilities rights.Keywords: Penyandang Disabilitas, Pemilu, Aksebilitas.

scholarly journals International Legal Protection of Labour Rights of People with Disabilities

2018 ◽  
Vol 6 (2) ◽  
pp. 16-20
Author(s):  
Валентина Микрина ◽  
Valentina Mikrina ◽  
Дамир Бекяшев ◽  
Damir Bekyashev
Keyword(s):  
Legal Protection ◽  
People With Disabilities ◽  
Decent Work ◽  
Regulatory Activity ◽  
Vulnerable Group ◽  
Rights Protection ◽  
Labour Rights ◽  
Full Participation ◽  
The World ◽  
The Right

Restriction or lack of capacity to be engaged in labour activities must not become an encumbrance for efficient employment of people with disabilities. International legal protection of such a vulnerable group should be based on the principles of complete equality of rights and full participation in the life of society. The article deals with the international legal mechanisms of labour rights protection of people with disabilities under the acts passed by the UN and ILO. Ensuring due legal protection of labour rights of people with disabilities in the world of work will facilitate their realization of the right to decent work, which is the main goal of the regulatory activity of the ILO.

scholarly journals Persons with Intellectual Disability and Access to Justice in Nigeria: Challenges and the Way Forward

2019 ◽  
Vol 5 (2) ◽  
pp. 180 ◽  
Author(s):  
Augustine Edobor Arimoro
Keyword(s):  
Intellectual Disability ◽  
Intellectual Disabilities ◽  
Federal Government ◽  
Legal Protection ◽  
Disabled Persons ◽  
Access To Justice ◽  
Legal Aid ◽  
Persons With Disabilities ◽  
The Disabled ◽  
United Nations Convention

Conservatively, there are approximately about two million persons in Nigeria who may be referred to as persons with intellectual disabilities. These persons suffer from several challenges ranging from economic to non-inclusion in the society. In the paper, the discussion focuses on persons with intellectual disabilities and the effective access to justice as a fundamental right. The paper finds that even though Nigeria has adopted and ratified the United Nations Convention on the Rights of Persons with Disabilities, the Federal Government of Nigeria has not been proactive in supporting the persons with disabilities in the country to enjoy these rights. Furthermore, despite the provision in the 1999 Constitution of the Federal Republic of Nigeria to ensure freedom from discrimination, there is no direct effect on procedure to ensure that the rights of the disabled persons are protected. The paper proposes for a framework for the protection of the person with intellectual disability which includes legal protection, legal awareness, legal aid, adjudication and for civil society oversight of the access of persons with intellectual disabilities to justice.

scholarly journals Tiếp cận dịch vụ hành chính công đối với người khuyết tật - Hướng đến sự thiết kế dung hợp

2021 ◽  
Author(s):  
Phan Luan
Keyword(s):  
Public Administration ◽  
Independent Living ◽  
People With Disabilities ◽  
Research Process ◽  
Field Trials ◽  
Public Servants ◽  
Persons With Disabilities ◽  
The Right ◽  
The Voice ◽  
Quantitative And Qualitative Methods

The research applied quantitative and qualitative methods to measure satisfaction and analyze possible barriers in accessing public administration services for people with disabilities. By using field trials, the study involves people with disabilities throughout the entire research process to ensure the voice from insiders has been brought out. The results presented that the levels of satisfaction of people with disabilities can be influenced by their perceptions of their rights, local culture, or the urbanization pressure. Notably, the higher the awareness of the right to independent living of people with disabilities is, the lower their satisfaction level is, regardless of receiving support from their relatives or public servants. In surveyed sites, the accessibility of people living with disabilities depends heavily on the political leaders' awareness of the rights of persons with disabilities. Several recommendations for people with disabilities, caregivers, organizations working on disability, and government agencies have been proposed to ensure a favorable environment for people with disabilities to actively exercise their right to access public administration services.

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