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 Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

scholarly journals THE IMPLEMENTATION OF SURAKARTA REGIONAL REGULATION NUMBER 2 YEAR 2008 ABOUT DISABILITY EQULITY OF TRANSPORTATION FACILITY ACCESSIBILITY

2017 ◽  
Vol 2 (1) ◽  
pp. 92
Author(s):  
Kuni Nasihatun Arifah
Keyword(s):  
Human Rights ◽  
Public Service ◽  
Public Transportation ◽  
The Body ◽  
The Disabled ◽  
The Government ◽  
The Right ◽  
Physical Accessibility ◽  
Transportation Facilities

The fulfillment of Human Rights is one of the indicators of a Legal State, Indonesia as a State of law mandated in the body of the 1945 Constitution of the State's obligation to fulfill human rights for every citizen of his country without exception including to the disabled, disabled is one of the citizens who are prone to discrimination. Perda Kota Surakarta No.2 Year 2008 about disability equality regulates the rights and obligations of the disabled and the obligation of government in realizing equality of disability including physical accessibility in public transportation and public service. In order to implement the regulation, regulation can be implemented. The form of impelemntasi aksebilitas public transportation facilities in Surakarta is with the BST (Bus Trans Surakarta) , halte bus and bus Begawan Abiyasa. After  implementation is run, there is an effort to increase Accessibility that is with the supervision of local regulations, the construction of tirtonadi terminal, and coordination.Hambatan that the Government in the effort to fulfill the right of accessibility Public transportation is a matter of funds and coordination between agencies.The result of the research shows that the implementation of the rights of  Perda No.2 of 2008 on disability equality in Surakarta through three processes namely socialization, coordination and implementation and supervision and assessment, all of which have been running well but still require a lot of improvement especially in terms of coordination of implementation.

Art.30 Participation in Cultural Life, Recreation, Leisure, and Sport

2018 ◽  
Author(s):  
Bantekas Ilias ◽  
Chow Pok Yin Stephenson ◽  
Karapapa Stavroula ◽  
Polymenopoulou Eleni
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
United Nations ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The Right ◽  
Right Of Access

This chapter examines Article 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article covers many, sometimes disparate, issues, although the underlying entitlements are accessibility and availability. One of the cornerstones of Article 30 is access to culture, one of the least studied human rights and its content remains contested. Culture is subject to several limitations, such as censorship, freedom of expression constraints, sensitivities towards religions, and hate speech. Do these limitations apply to the right of access to culture of disabled persons in the same way as they do to their non-disabled counterparts? Paragraph 3 is perhaps the most contentious of all. It suggests that existing intellectual property laws should be construed in such a way as to avoid imposing any unreasonable or discriminatory barriers against persons with disabilities to the enjoyment of their right of access to cultural materials.

scholarly journals Undang-Undang di Malaysia dan Jaminan Hak Orang Kurang Upaya untuk Bekerja

2016 ◽  
Author(s):  
HIRWAN JASBIR JAAFAR ◽  
HARLIDA ABDUL WAHAB ◽  
NURLI YAACOB
Keyword(s):  
Research Methodology ◽  
People With Disabilities ◽  
Persons With Disabilities ◽  
Legal Studies ◽  
Right To Work ◽  
Normal People ◽  
Federal Constitution ◽  
The Law ◽  
The Government ◽  
The Right

Convention on the Rights of Persons with Disabilities (CRPD) has been signed by Malaysian Government on 8 April 2008. It shows the desire and commitment of the Government of Malaysia to give recognition to the rights of People with Disabilities. The aim of this article is to review the rights to work for Persons with Disabilities under the Federal Constitution and Person with Disabilities Act 2008 in Malaysia. This study will use Legal studies as research methodology and it involved two types of method which is doctrine study of the law and socio-legal studies. The studies showed that the rights to work for PWDs in Malaysia stated as generally in the Federal Constitution and the rights has been detailed in Person With Disabilities Act 2008. The existence of the right to work exclusively under the Person With Disabilities Act 2008 makes those rights not only for normal people but it is also owned by the PWDs. However, the existence of legislation alone is not enough if followed by enforcement. Thus, the improvement in the law and its implementation should be further strengthened through several proposals suggested by this article. It is to ensure the rights of the PWDs to get the job be given serious attention by the community in line with the original purpose of Persons with Disabilities Act 2008 being created.

The Right to Education of Persons with Disabilities: Disabled in Interpretation and Application

2003 ◽  
Vol 21 (1) ◽  
pp. 7-37
Author(s):  
Claire Breen
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Primary Education ◽  
Disabled Persons ◽  
Right To Education ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Free Primary Education ◽  
International Human ◽  
The Right

In July 2001, the Irish Supreme Court decided that the right to a free primary education as contained in the Irish Constitution could not be extended to a 23-year-old autistic man, Jamie Sinnott. Much of the Supreme Court judgment is an exercise in statutory interpretation. The Court considered the meaning of both ‘primary’ and ‘education’ in the context in which it appeared in the Constitution – that of the rights of parents regarding the education of their children. Whilst it was happy to find that the type of on-going care and support required by Jamie Sinnott could be classified as education, nevertheless, the majority of the Irish Supreme Court limited the meaning of ‘primary’ education to that required by children and thereby excluding the care and support, which it recognised as ‘education’, required by profoundly handicapped adults. The impact of the Court's exercise in statutory interpretation is that, in Ireland, the right to free primary education is to be defined with regard to age and not needs. This paper examines the decision of the Irish Supreme Court against the background of the general right to education as provided for in international human rights law in an effort to ascertain the extent to which the Supreme Court decision, as it reflects Irish domestic law regarding the provision of free primary education, correlates with Ireland's international human rights obligations. In so doing, it will reveal the limited extent to which the rights of disabled person have been ‘integrated’ into the general right to education. To that end, Part 1 of this article will focus upon the Sinnott Case as it provides an effective summary of domestic law regarding primary education as contained in the Constitution, statute and case law as well as being the benchmark for the rights of disabled persons to education in Ireland. Part 2 will consider the provisions of international human rights law regarding that pertain to the rights of disabled persons. Part 3 will consider the right to education as provided for in international human rights treaties by comparing the provisions regarding the general right to education, provisions regarding primary education, and provisions regarding persons with disabilities. Part 4 concludes this article by drawing together the right to education and the rights of disabled individuals in an analysis of language and interpretation in an effort to determine the extent to which the rights of individuals, such as Jamie Sinnott are protected by both national and international law.

The impact of the Rio 2016 Olympic and Paralympic Games on the visitor economy: a human rights perspective.

2021 ◽  
pp. 145-159
Author(s):  
Gabriel Marin Vandenbroucke ◽  
Simon Gérard ◽  
Anthony May
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Black Communities ◽  
Street Vendors ◽  
Persons With Disabilities ◽  
The Government ◽  
The Right ◽  
Committee Government ◽  
The City ◽  
Paralympic Games

Abstract The overall findings of this research point to a mix of positive and negative human rights impacts of the Rio 2016 Olympic and Paralympic Games, and on the visitor economy of the host city. On a positive note, affirmative action included persons with disabilities and from underprivileged communities in the workforce. New sports and leisure centres were built. Freedom of expression and association was reinforced by protesters demonstrating and using the platform of the event to raise issues. Several initiatives by the Organizing Committee, government, companies, and associations constituted positive mechanisms for leverage of the human rights to education and to participate in the cultural life of the community, albeit with limited long-term impacts. These wider economic and social successes associated with the hosting of the Games can positively contribute to the quality and inclusivity of the visitor economy. redevelopment, the Games' land use displaced thousands of people, violating the right to housing and several other human rights through abusive practices used by the government in the eviction process. Under the pretext of creating safe spaces for visitors and safeguarding their image of the city, the government's violence towards poor and black communities was aggravated, with the militarisation of the city impacting on the right to life, protection, education, and justice. Attempting to mask the city's socio-economic problems and undesirable aspects for sponsors and visitors, freedom of expression was undermined as protesters were targeted by the police and street vendors were driven out of public spaces.

scholarly journals The Communist Party of China’s Approach to Human Rights and the Death Penalty

2017 ◽  
Vol 18 (2) ◽  
pp. 117-154
Author(s):  
Huang Gui
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Communist Party ◽  
Leadership Role ◽  
Right To Life ◽  
Human Rights Protection ◽  
Legal Provisions ◽  
The Government ◽  
The Right ◽  
Individual Human

Under the Constitution of China, the Communist Party (cpc) does not merely play a leadership role in the political field, but also in the legal arena. Legislation must reflect the Party’s outlook and achieve its policies, including any legal provisions governing particular systems, such as arrangements for the death penalty. After introducing the relationship between the cpc and legislation, this article will discuss the shift in the cpc’s approach to human rights and changes to the death penalty system in the Maoist, Deng Xiaoping and post-Deng eras. In the Maoist era, the government rejected human rights, but its policy on execution – at least on paper – was cautious and even stricter than during the other eras; the cpc recognised and accepted human rights in the Deng era, but emphasised national security and stability. As a result, individual human rights were not fully taken into account. Execution was considered an important measure to control crime and the scope of the relevant legislation was expanded. Post-Deng, human rights have developed gradually. Human rights protection has been incorporated into the Constitution and individual human rights have become more valued, but the cpc still focuses on state security, development and stability, and has not valued the right to life to the same extent as the right to subsistence. Although steps to reform the death penalty are being taken, 46 crimes are still punishable by death. The cpc should change its outlook and focus on the right to life, and abolish the death penalty de facto and de jure.

The Disabled in the Labor Market

1973 ◽  
Vol 4 (3) ◽  
pp. 164-170
Author(s):  
Simon Olshansky
Keyword(s):  
Labor Market ◽  
Minority Group ◽  
Disabled Persons ◽  
Job Applicants ◽  
Large Measure ◽  
Persons With Disabilities ◽  
The Social ◽  
The Disabled ◽  
Group Members ◽  
Hiring Policies

Persons with disabilities enter and progress in the labor market much as do other minority group members. However, some have not only to cope with the discriminatory practices of employers but also with problems of self-management which stem directly from their disability. Employers tend to hire the best persons available. They view job applicants as risk carriers, and feel little moral responsibility for their employment. In large measure they are quite satisfied with their hiring policies and practices. Finally, for some disabled persons there may exist a conflict between social and self acceptance because of the social pressure to become what they cannot become non-disabled.

scholarly journals Implementation of the Death Penalty in the Perspective of Human Rights in Indonesia

2016 ◽  
Vol 2 (3) ◽  
pp. 385
Author(s):  
La Sina
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Criminal Code ◽  
Life Imprisonment ◽  
Indonesian Government ◽  
Legal Provisions ◽  
Death Sentences ◽  
The Law ◽  
The Government ◽  
The Right

The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judge’s decision.

scholarly journals ACCESSIBILITY RIGHTS TO PUBLIC FACILITIES FOR DISABILITIES IN INDONESIA

2017 ◽  
Vol 2 (2) ◽  
pp. 221
Author(s):  
Dewi Nurvianti
Keyword(s):  
Human Rights ◽  
Persons With Disabilities ◽  
International Convention ◽  
National Legislation ◽  
Public Facilities ◽  
The Government ◽  
The Right ◽  
Laws And Regulations

The disabilities people in Indonesia, interacting with their environment experienced many obstacles, especially in accessing public facilities. To eliminate all these obstacles, the Government of Indonesia pursues one way of doing so by fulfilling the right to accessibility to public facilities for PwDs. Such fulfillment efforts begin by ratifying the International Convention on Persons with Disabilities that govern the fulfillment of those rights. In addition, the effort taken also to give birth to the national legislation about persons with disabilities namely Law No. 8 of 2016. In the Act is regulated one of several rights, namely the right to accessibility. In this article we will describe the right accesibiltas which is part of human rights and the availability of legal guarantees in Indonesia on the right to accessibility for persons with disabilities in some legislation related to public facilities, namely the right to accessibility to building, spatial and region and transportation. The conclusions presented in this article are, firstly, the right to accessibility is an integral part of the concept of human rights. Secondly, the right to accessibility to public facilities for persons with disabilities is accommodated in several laws and regulations in Indonesia.

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