INTERNATIONAL STANDARDS FOR THE RIGHTS OF PERSONS WITH DISABILITIES IN THE CONTEXT OF HUMAN RIGHTS

2021 ◽  
Vol 65 (04) ◽  
pp. 160-163
Author(s):  
Lala Ahad Mammadova ◽  
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
People With Disabilities ◽  
Severe Disabilities ◽  
International Standards ◽  
Modern World ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Non Governmental Organizations ◽  
The World

People with disabilities are the most vulnerable and most disadvantaged group in the world. It is estimated that more than a billion people, or about 15% of the world's population, live with some form of disability. More than 250 million older people have moderate or severe disabilities. Disability in the modern world has manifested itself as one of the global problems affecting the interests of almost all spheres of activity, but despite the existing national, regional and international legal norms, as well as the activities of international organizations and the efforts of non-governmental organizations around the world, belonging to people with disabilities human rights are still not adequately respected. This article discusses such important aspects, as discrimination faced by people with disabilities, formation of international legal protection of the rights of persons with disabilities and implementation of international documents in national law by states. Key words: disability, human rights, discrimination, social equality, legal protection

scholarly journals Sårbarhet, mangfold og menneskerettigheter

2020 ◽  
pp. 129-151
Author(s):  
Hans Morten Haugen
Keyword(s):  
Human Rights ◽  
People With Disabilities ◽  
Status Quo ◽  
Enabling Technology ◽  
World Council Of Churches ◽  
Persons With Disabilities ◽  
A Value ◽  
The World ◽  
World Council ◽  
The Church

The article examines recent understandings of vulnerability and exposedness, and studies proving that people with disabilities are more exposed to violence, discrimination, and various forms of exclusion. Diversity has been elevated as a value, both in societies and in churches. The UN Convention on the Rights of Persons with Disabilities (CRPD) is the only human rights treaty that names specific human rights principles, and one of these principles is diversity. There are also opposing trends to the enhanced recognition of diversity, summarized in three points: preservation of status quo; highlighting majority normality; and budgetary efficiency are given priority over empowering solutions. The Church of Norway, inspired by the World Council of Churches, wants to promote inclusion and empowerment, but is itself lagging behind, for instance in providing access to enabling technology.

scholarly journals TODAY’S THREATS OF HUMAN RIGHTS IN THE CONTEXT OF PROTECTION OF THE RIGHT TO LIFE

10.23856/2915 ◽  
2018 ◽  
Vol 29 (4) ◽  
pp. 128-134 ◽  
Author(s):  
Jerzy Koperek ◽  
Adam Koperek ◽  
Abraham Kome
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Social Structures ◽  
Modern World ◽  
Natural Death ◽  
Right To Life ◽  
The World ◽  
Legalize Abortion ◽  
The Right

In the modern world protecting the right to life encounters various obstacles. Personalistic ethics encouraging attitudes pro vita is also taking the dialogue with contemporary philosophical and political currents, including those that do not accept the integral concept of man, but rather they are in favor of his reductionist vision, which in turn it lead to reduced ability to protect human rights, despite their proclamation as the rights of individuals. Appearing in this position „anthropological error”, it also leads to a reductionist vision of social structures such as family, society, nation or state. Moreover, such a vision of man and the world around him, it also determines the constitutional dimension of the state. Consequently, this leads to the creation and operation of various forms of democracy that instead create conditions for legal protection of the right to life from conception to natural death, legalize abortion and euthanasia. This is a serious contemporary threat to the right to life.

scholarly journals OBLIGATION TO SUPPORT DISABLED PERSONS IN COMPLIANCE WITH THE PRESENT INTERNATIONAL LEGAL NORMS AND OTHER INTERNATIONAL PROVISIONS

2019 ◽  
Vol 5 (4) ◽  
pp. 155
Author(s):  
Ehor Nazymko ◽  
Olena Nazymko
Keyword(s):  
Older Persons ◽  
Legal Status ◽  
Legal Protection ◽  
Disabled Persons ◽  
International Standards ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Method ◽  
The Disabled

One of the fundamental social, socio-forming institutions, which are strictly protected, including through the relevant rules of the current law, is the longstanding institute of support for persons who are unable to provide for themselves through the special disability or incapacity at all. A very important socio-institutional and socio-regulatory component of such an institution is a social consensus about the support of people with physical disabilities, which is constantly reproduced and permanently required by social communities. Among many components of the mentioned consensus, of great importance was also the indispensable obligation to carry out the full, decent or at least minimally necessary financial and material and other such support, provided by law and moral and ethical tradition, first by the parents of their young and minor children, and then, in turn, by adult, legally capable children of their older persons, including disabled, socially vulnerable parents. In spite of the necessity of careful treatment by society towards the disabled, in each country, this obligation is regulated in different ways. Therefore, it seems appropriate to analyse the obligation to keep disabled persons within the meaning of current international law and other international provisions. Methodology. The goal is solved using the cognitive potential of the system of philosophical, scientific, and special methods. The analysis and synthesis made it possible to identify the signs of incapacity for work and the specifics of the responsibilities for the maintenance of disabled persons. The methods of grammatical consideration and interpretation of legal norms have contributed to the identification of universal legal constructs that can be used in the national legislation of any sovereign country of the world. The comparative-legal method allowed determining the directions of development of national legislation of sovereign countries in order to bring them into conformity with generally accepted international standards. Practical implications. The peculiarities of the social and legal status of disabled persons require scientists to develop consistent measures of the proper legal protection of their rights. This requires establishing a clear contentspectral relationship between the concepts of such vulnerable, helpless social-group categories as “older persons”, “persons with disabilities”, and “mentally retarded persons”, which implies a broad socio-physical contextual concept of “disabled person”. The national legislation of each sovereign country should provide for a mechanism developed at the international level for collecting funds for the benefit of certain socially vulnerable persons, including the disabled.

scholarly journals Legal Protection for People with Disabilities in the Perspective of Human Rights in Indonesia

2021 ◽  
Vol 10 ◽  
pp. 538-547
Author(s):  
Faissal Malik ◽  
◽  
Syawal Abduladjid ◽  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini ◽  
...  
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Legal Protection ◽  
People With Disabilities ◽  
The State ◽  
Persons With Disabilities ◽  
Legal Recognition ◽  
State Regulations ◽  
Legal Principles ◽  
Constitutional State

The purpose of this research is to find out how the principles of legal protection for persons with disabilities and how the implementation of legal protection for persons with disabilities. Indonesia has strong legal principles in making Indonesia a constitutional state with the existence of regulations on guarantees for the protection and empowerment of persons with disabilities which are reflected in; Pancasila as the state philosophy, the Preamble of the 1945 Constitution, Law, TAP MPR, Conventions and International Declarations on human rights. Likewise, legal recognition of persons with disabilities can be seen from the regulations, both Indonesian state regulations, and regulations, or international organizations that provide legal guarantees for the rights of persons with disabilities.

scholarly journals HAK ASASI MANUSIA BAGI PENYANDANG DISABILITAS DALAM MENDAPAT PEKERJAAN YANG LAYAK TANPA ADANYA DISKRIMINASI

2018 ◽  
Vol 15 (2) ◽  
Author(s):  
Pramadita Hasbullah ◽  
Rahayu Rahayu
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
People With Disabilities ◽  
Information Services ◽  
Descriptive Data ◽  
Persons With Disabilities ◽  
Minority Community ◽  
Legal Writing ◽  
The World ◽  
Work Type

<p>People with disabilities are a minority community in the world. Communities who consider that persons with disabilities have limitations that interfere with their activities, especially in working to make discrimination of the rights of people with disabilities. Governments in various countries of the world have issued various regulations that support the realization of the rights of people with disabilities, especially in getting a job. The purpose of writing this article is to find out how legal protection for people with disabilities who experience discrimination in the world of work. Type of writing using normative legal writing that produces descriptive data analysis. Government laws and regulations have been established to prohibit discrimination on the basis of disability of all forms of employment, but the unavailability of information services and lack of care for disability workers is still a hindrance.</p>

THE IMPORTANCE OF INTERNATIONAL DOCUMENTS IN THE EDUCATION OF PERSONS WITH DISABILITIES AND THEIR SOCIAL AND LEGAL ANALYSIS

2021 ◽  
Vol 6 (8) ◽  
pp. 22-30
Author(s):  
Bekjon Ismoilov ◽  
Keyword(s):  
Positive Impact ◽  
People With Disabilities ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
International Standards ◽  
Children And Youth ◽  
Legal Analysis ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Legitimate Interests

The article examines the conceptual significance of international legal norms representing the rights, freedoms and legitimate interests of persons with disabilities. In particular, a comprehensive analysis of the positive impact of UNinternational documents on the lives of people with disabilities is carried out. We know that the national legal framework and international legal norms have a special place inthe integration of people with disabilities into a healthy society. In particular, the organization of education for children and youth with disabilities in accordance with international standards will increase the effectiveness of education for people with disabilities. and also, the article analyzes in detail the types of education for children with special needs in accordance with the existing regulatory framewor

scholarly journals Peculiarities of Using International Legal Standards in the Field of Ensuring the Rights of Persons Sentenced to Deprivation of Freedom in Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 158-169
Author(s):  
O. S. Pochanska
Keyword(s):  
Human Rights ◽  
General Education ◽  
Legal Status ◽  
Legal Protection ◽  
International Standards ◽  
Social Adaptation ◽  
Legal Norms ◽  
Legal Standards ◽  
Effective System ◽  
Characteristic Features

It is established that international standards in the field of human rights are developed by international organizations and institutions, specified in the process of law enforcement of international judicial agencies, and subsequently applied in certain national systems, directly influencing the development of legislation and national practice of protecting the convicts. It is noted that international standards for ensuring the rights of persons sentenced to imprisonment define the mandatory or recommended for states normative minimum legal status of a convict, including his legal protection and the relevant legalities and responsibilities of state agencies and officials. The content and characteristic features of international legal standards in the field of human rights are determined. The main forms of using international legal norms, principles, rules and recommendations on the legal status of persons sentenced to imprisonment in the national legislation of Ukraine are highlighted; their content is analyzed. It is emphasized that the practical solution to the problem of application of international standards of convicts’ treatment in the penitentiary system of Ukraine, in particular, provides: prevention of prohibited methods of treatment of convicts that degrade their human dignity; ensuring the legality of the activities of the staff of penitentiary institutions and agencies; bringing the conditions of detention of convicts into compliance, providing proper medical care, general education and vocational training of convicts, etc.; creation of an effective system of resocialization and social adaptation of convicts; expansion of public control over the observance of the rights of convicts while serving a criminal sentence in the form of imprisonment.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

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