scholarly journals Hate Speech Against Disabled Persons: A Forensic Analysis of Legal Framework in India and Beyond

2022 ◽  
Vol 16 (1) ◽  
Keyword(s):  
Hate Speech ◽  
Legal Framework ◽  
Disabled Persons ◽  
Forensic Analysis

United States: Exceptional Freedoms, Fabricated Fears

Hate Spin ◽  
2016 ◽  
Author(s):  
Cherian George
Keyword(s):  
United States ◽  
Free Speech ◽  
Religious Freedom ◽  
Hate Speech ◽  
The United States ◽  
Legal Framework ◽  
Constitutional Protections ◽  
High Degree

The United States has exceptionally strong Constitutional protections for free speech, but also for religious freedom. This chapter considers how this unique legal framework affects hate spin in the country. It finds that although hate speech can be expressed with a high degree of impunity, strong anti-discrimination laws limit the harms caused by such speech. Hate spin can, nonetheless, succeed in fostering fear and cultivating prejudice against minorities. The chapter examines how a network of anti-Muslim activists have used hate spin to campaign against mosque building, to oppose multi-cultural textbooks, and to introduce legislation protecting states from the fabricated threat of encroaching Muslim law. Beyond their stated goals, which may be frustrated by courts, these campaigns often have the symbolic purpose of spreading Islamophobia.

scholarly journals The importance of educational interventions for the overcoming of obstacles in the employment of intellectually disabled persons

2021 ◽  
pp. 107-126
Author(s):  
Biljana Milanović-Dobrota ◽  
Aleksandra Đurić-Zdravković ◽  
Mirjana Japundža-Milisavljević ◽  
Sara Vidojković
Keyword(s):  
Educational Interventions ◽  
Legal Framework ◽  
Disabled Persons ◽  
Working Environment ◽  
Intellectually Disabled ◽  
The Disabled ◽  
Private And Public ◽  
Negative Perceptions ◽  
The Republic ◽  
The Right

In spite of the legal framework intended for the promotion and protection of rights of the disabled, such persons are still facing significant difficulties in the labour market. Intellectually disabled persons are in a particularly difficult position, primarily due to the negative perceptions held by citizenry which stem from the lack of knowledge and information about their labour potentials. We conducted research in order to determine the most prevalent obstacles in the employment of intellectually disabled persons, as perceived by employed non-disabled persons. The research comprised a sample of 269 subjects of both sexes, of differing educational levels and employed in the private and public sector in the Republic of Serbia. The analysis of the attained results points to the need for certain kinds of educational interventions, whose programmes would improve the knowledge and awareness of employed persons regarding the right to work of intellectually disabled persons, promote diversity and create an inclusive working environment. The different modes of training, reinterpretation and transformation of previous experience, informing and establishing positive contacts with intellectually disabled persons, conducted by a multidisciplinary team of experts would establish a stable base for the removal of obstacles in the employment process.

Atrocity Speech Law

2017 ◽  
Author(s):  
Gregory S. Gordon
Keyword(s):  
World War Ii ◽  
Hate Speech ◽  
Large Body ◽  
Case Law ◽  
Legal Framework ◽  
Crimes Against Humanity ◽  
Government Officials ◽  
Mass Violence ◽  
Mass Atrocity ◽  
The Individual

Hate speech is widely considered a precondition for mass atrocity. Since World War II a large body of case law has interpreted the key offenses criminalizing such discourse: (1) incitement to genocide; and (2) persecution as a crime against humanity. But the law has developed in a fragmented manner. Surprisingly, no volume has furnished a comprehensive analysis of the entire jurisprudential output and the relation of each of its parts to one another and to the whole. Atrocity Speech Law fills this gap and provides needed perspective for courts, government officials, and scholars. Part 1, “Foundation,” explores the historical relationship between speech and atrocity and the foundations of the current legal framework. Part 2, “Fragmentation,” details the discrepancies and deficiencies within that framework. Part 3, “Fruition,” proposes fixes for the individual speech offenses and suggests a more comprehensive solution: a “Unified Liability Theory,” pursuant to which there would be four criminal modalities placed in one statutory provision and applying to genocide, crimes against humanity, and war crimes: (1) incitement; (2) speech abetting; (3) instigation; and (4) ordering. Apart from the issue of fragmentation, experts have failed to find an accurate designation for this body of law. “International Incitement Law” and “International Hate Speech Law,” two of the typical labels, do not capture the law’s breadth or its proper relationship to mass violence. So with a more holistic and accurate approach in mind, this book proposes a new name for the overall body of international rules and jurisprudence: “atrocity speech law.”

HUMANISTIC ASPECTS IN THE LANGUAGE PLANING POLICIES

2018 ◽  
Vol 28 (7) ◽  
pp. 2335-2338
Author(s):  
Agim Poshka
Keyword(s):  
Social Media ◽  
Free Speech ◽  
Public Speaking ◽  
Hate Speech ◽  
Negative Impact ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
Language Rights ◽  
The Balkans ◽  
The Impact

It is believed that language policies aim to organize, encourage but sometimes even discourage language rights. Although slowly states in the Balkans started to believe that language rights could be used as a tool for creation of social cohesion, there is one aspect of language practice that is ignored but seems to cause quite negative impact, and that is hate speech. This paper investigated modes in which this dangerous tool is harming inter-ethnic and inter-cultural stability in the region. It is a long term interest to the judicial system of every country to limit the negative impact that hate speech has to certain fragile societies. The study also reflects on particular laws that aim to expand the span of freedom of speech and minimize the presence of hate speech in public life. This derogatory behavior can ultimately produce hatred and in some cases even human sacrifices. A definition that is often available in literature regarding hate speech is that “hate speech is an abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation”. In other words the basic concept of using language for solely communicational purpose has switched to use language to insult, intimidate, or threaten a group or an individual and is primarily based on a particular characteristic or disability. In its violent history, Europe has witnessed a considerable number of cases of human rights violations, and recent ones often get the “prefix” of hate speech. Certain domains of public speaking undoubtedly require legal measures and few societies have already designed their legal framework in order to address the issue The conditions have become even more dramatic with the introduction of social media. There are thousands of pages and blogs in which hate speech is expressed publicly. In an article published by the legaldictionary.net it states that with the advent of social media, the issue of offensive and threatening speech has become a global problem”. There are many cases in which hate speech is used as an argument of free speech. The process becomes even more challenging when the officials are expected to draw a line between where free speech ends and hate speech begins. Certain domains of public speaking undoubtedly require legal measures and as a result few societies have designed legal framework in order to address the issue and this study provides different methods and approaches are considered in the process. The study also cites a number of international cases which aim to create a greater picture of these deleterious phenomena and although there are many elements of the ethical and moral dilemma in regards to the freedom of expression it is important that we are aware of the responsibility and the impact we have when using hate speech in any public appearances.

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.

HUMANISTIC ASPECTS IN THE LANGUAGE PLANING POLICIES

2018 ◽  
Vol 28 (7) ◽  
pp. 2335-2338
Author(s):  
Agim Poshka
Keyword(s):  
Social Media ◽  
Free Speech ◽  
Public Speaking ◽  
Hate Speech ◽  
Negative Impact ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
Language Rights ◽  
The Balkans ◽  
The Impact

It is believed that language policies aim to organize, encourage but sometimes even discourage language rights. Although slowly states in the Balkans started to believe that language rights could be used as a tool for creation of social cohesion, there is one aspect of language practice that is ignored but seems to cause quite negative impact, and that is hate speech. This paper investigated modes in which this dangerous tool is harming inter-ethnic and inter-cultural stability in the region. It is a long term interest to the judicial system of every country to limit the negative impact that hate speech has to certain fragile societies. The study also reflects on particular laws that aim to expand the span of freedom of speech and minimize the presence of hate speech in public life. This derogatory behavior can ultimately produce hatred and in some cases even human sacrifices. A definition that is often available in literature regarding hate speech is that “hate speech is an abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation”. In other words the basic concept of using language for solely communicational purpose has switched to use language to insult, intimidate, or threaten a group or an individual and is primarily based on a particular characteristic or disability. In its violent history, Europe has witnessed a considerable number of cases of human rights violations, and recent ones often get the “prefix” of hate speech. Certain domains of public speaking undoubtedly require legal measures and few societies have already designed their legal framework in order to address the issue The conditions have become even more dramatic with the introduction of social media. There are thousands of pages and blogs in which hate speech is expressed publicly. In an article published by the legaldictionary.net it states that with the advent of social media, the issue of offensive and threatening speech has become a global problem”. There are many cases in which hate speech is used as an argument of free speech. The process becomes even more challenging when the officials are expected to draw a line between where free speech ends and hate speech begins. Certain domains of public speaking undoubtedly require legal measures and as a result few societies have designed legal framework in order to address the issue and this study provides different methods and approaches are considered in the process. The study also cites a number of international cases which aim to create a greater picture of these deleterious phenomena and although there are many elements of the ethical and moral dilemma in regards to the freedom of expression it is important that we are aware of the responsibility and the impact we have when using hate speech in any public appearances.

Legal framework to put health actions for disabled people in practice in the unique health system

2011 ◽  
Vol 5 (4) ◽  
pp. 1007
Author(s):  
Evanira Rodrigues Maia ◽  
Eliana Gonçalves Nobre ◽  
Lorita Marlena Freitag Pagliuca
Keyword(s):  
Health Care ◽  
Health System ◽  
Legal Framework ◽  
Disabled Persons ◽  
Main Theme ◽  
Disabled People ◽  
System Method ◽  
El Sistema ◽  
Resource Transfers ◽  
Year 2000

ABSTRACT Objective: to analyze the documents from 1992 to 2008 of the Ministry of Health on the health assistance to disabled people in the Unique Health System. Method: reflexive study based on the ministerial decrees collected at the Virtual Healthcare Library and LEGIS SAÚDE. Results: most of the 84 decrees found were issued in the year 2000, when the National Health Policy for Disabled People was published. Resource transfers to cost health actions stood out as the main theme, followed by the creation of health care programs and policies for disabled people. The themes privileged the practice of care actions in cases of sensory, physical and mental disabilities. The content of the decrees aims to guarantee rights to health care in health promotion, prevention, rehabilitation and maintenance actions. Conclusion: the centralization of the federal government is evidenced with respect to the formulation of guidelines and the organization of services. These guidelines need to be disseminated among managers, health professionals and communities in order to promote access to the care possibilities they contain. Descriptors: disabled persons; health public Policy; legislation; Single Health System.RESUMO Objetivo: analisar os documentos do Ministério da Saúde de 1992 a 2008 sobre assistência à saúde da pessoa com deficiência no SUS. Método: estudo reflexivo a partir das portarias ministeriais coletadas na Biblioteca Virtual em Saúde e LEGIS SAÙDE. Resultados: localizadas 84 portarias, a maioria data de 2000, ano de publicação da Política Nacional de Saúde da Pessoa com Deficiência. Sobressai o repasse de recursos para custeio, seguido pela criação de programas e políticas de atenção à saúde. Foram privilegiadas as ações de assistência nas deficiências sensoriais, físicas e mentais. Os documentos visam garantir os direitos de assistência à saúde nas ações de promoção, prevenção, reabilitação e manutenção da saúde. Conclusão: evidencia-se a centralização do governo federal quanto à formulação de diretrizes e organização dos serviços. Ressalte-se  necessária a divulgação dos documentos junto a gestores, profissionais de saúde e comunidade para promover o acesso às possibilidades de assistência nelas contidas. Descritores: pessoas com deficiência; políticas públicas de saúde; legislação; Sistema Único de Saúde. RESUMENObjetivo: analizar los documentos del Ministerio de Salud, de 1992 a 2008, acerca de la salud de las personas con discapacidad en el Sistema Único de la Salud (SUS). Método: estudio reflexivo a partir de las órdenes ministeriales recogidas en la Biblioteca Virtual en Salud y LEGIS SALUD. Resultados: fueron localizadas 84 ordenanzas, la mayoría de 2000, año de publicación de la Política Nacional de Salud para las Personas con Discapacidad. Sobresalió la transferencia de recursos para la financiación seguida por la creación de programas y políticas para la atención en salud. Fueron predominantes las acciones de asistencia en las deficiencias sensoriales, físicas y mentales. El objetivo de los documentos era garantizar los derechos de atención de salud en las acciones de promoción, prevención, rehabilitación y mantenimiento de salud. Conclusión: se percibió la centralización del Gobierno Federal mientras a la formulación de políticas y organización de servicios. Se destaca la necesidad de la divulgación de los documentos con los administradores, profesionales de salud y comunidad para promover el acceso a las posibilidades de asistencia que figuran en ellos. Descriptores: personas con discapacidad; políticas públicas de salud; legislación; Sistema Único de Salud.

scholarly journals Innovative forms of social and psychological rehabilitation of persons with disabilities

2019 ◽  
Vol 1 (II) ◽  
pp. 115-128
Author(s):  
Оксана КРАВЧЕНКО ◽  
Наталія ДУБОВА ◽  
Валентина ХАРИТОНОВА
Keyword(s):  
Employment Status ◽  
People With Disabilities ◽  
Legal Framework ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
Work Activities ◽  
Legal Principles ◽  
Domestic Practice ◽  
Social Organizational ◽  
Further Development

The article deals with the problem of social integration of people with disabilities, the ultimate goal of which is to solve the issues of their the employment as it is an urgent need for present Ukraine. The normative and legal framework on the issues connected with employment of this category of citizens was analysed, the organizational and legal principles of homework application were revealed, economic and social benefits of disabled persons’ employment at home were determined. The purpose of this research was to substantiate the effectiveness of homework as a type of social and psychological rehabilitation of people with disabilities. To reach the article objective we used the following research methods: analysis of international and Ukrainian legislation on the promotion of disabled people’s employment; survey, which involved 70 disabled persons having different nosologies; analysis of the employment status of people with disabilities in Ukraine and further development of recommendations for homework introduction into domestic practice to support people who are in difficult living conditions. Due to this, the normative and legal framework on the employment of this category of citizens was analysed; the economic and social advantages of homework were determined. The results of our research highlight the fact that work activities, in particular homework, can help to overcome some barriers and stereotypes connected with employment: psychological, physical, social, organizational, regulatory (related to the imperfection of the regulatory framework).

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