scholarly journals The right to education of persons with disabilities

2017 ◽  
pp. 32-45
Author(s):  
Guillermo Moreno De Gracia
Keyword(s):  
Paradigm Shift ◽  
Human Being ◽  
Right To Education ◽  
Persons With Disabilities ◽  
Legal Standard ◽  
The Law ◽  
Diversity Curriculum ◽  
The Right ◽  
Educational Inclusion ◽  
Physical Accessibility

When speaking about education, we can't just think about the ordinary human being called "normal", but it should also address diversity. Curriculum accommodations, adaptations and physical accessibility are greatly important for educational inclusion to exist. A paradigm shift for educators involves the knowledge and acknowledgement of what disability is. On this note we outline from the legal standard all the instruments currently available which guarantee the right to education of personswith disabilities. Not only it is the Law or the standard, but there has to exist knowledge and acknowledgement of what it is in order for everyone to apply and comply.

scholarly journals The main stages of the process of formation and development of inclusive education in the United States in the context of multicultural educational policy

2021 ◽  
Author(s):  
E.S. Kurysheva
Keyword(s):  
United States ◽  
Educational Policy ◽  
Inclusive Education ◽  
The United States ◽  
Alternative Development ◽  
Right To Education ◽  
Persons With Disabilities ◽  
The Law ◽  
The Right

This article identifies the main stages of the formation of inclusive education (segregative, integrative, inclusive), reveals the evolutionary nature of inclusive education. The article analyzes the content of the main document regulating the right to education of children with alternative development - The Law on Education of Persons with Disabilities (1975).

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 Políticas estudiantiles en la formación docente: Problemas pedagógicos y debates en perspectiva suramericana

2018 ◽  
Vol 26 ◽  
pp. 159 ◽  
Author(s):  
Alejandra Birgin ◽  
Alejandro Vassiliades
Keyword(s):  
Teacher Training ◽  
Latin American ◽  
International Organizations ◽  
Right To Education ◽  
New Students ◽  
Training Institutions ◽  
Teaching Positions ◽  
The Right ◽  
Educational Inclusion ◽  
Latin American Countries

Within the framework of the process of enrollment expansion in teacher training (in the context of the expansion of the higher education level), some Latin American countries have developed specific policies for the student population of teacher training institutions. In this article we analyze how these policies bring new questions to the field of teacher training, linked to the ways in which “new” students are questioned and their effects on the construction of teaching positions. For this, we address a series of speeches from international organizations (with marked influence in the region), which coincide in describing future teachers as deficit subjects. At the same time, we go through a set of student policies that assumed diverse orientations regarding the right to education of these populations and regarding the right of their future students. We understand that these policies and discourses have an effect on the configuration of teaching positions with respect to educational inclusion.

scholarly journals Alianza estado-sociedad C=civil: Debates y desafíos en la co-gestión de políticas de inclusión educativa en Uruguay y Argentina

2020 ◽  
Vol 28 ◽  
pp. 43
Author(s):  
Andres Peregalli
Keyword(s):  
Civil Society ◽  
Qualitative Methodology ◽  
Institutional Design ◽  
Right To Education ◽  
Educational Management ◽  
Bridge Programs ◽  
Medium Level ◽  
Management Paradigms ◽  
The Right ◽  
Educational Inclusion

In Latin America different policies sustained in State-Civil Society alliances are implemented in order to warrant the right to education in marginalized sectors. Uruguay and Argentina carry out “bridge” programs and “completion” plans for adolescents, youngsters and adults to enter, re-enter or finish Medium Level Studies. I compare the characteristics of the alliance State-Civil Society in the co-management of the “Aulas Comunitarias” (Communitarian Classrooms) Program (PAC, Uruguay, 2007) and the “Plan de Finalización de Estudios Secundarios para Jóvenes y Adultos” (Finalization of Secondary Studies for youngsters and adults Plan) (FinEs 2, Argentina, 2008), aiming to understand their contributions to the processes of educational inclusion, as well as their limits. I analyze their genesis, political-institutional design/ways of organization and form of co-management contemplating: a) political-institutional approach to analyze public policy, b) Neo-institutionalism: sociopolitical as well as organizational and historic, c) co-management, d) educational management (paradigms: administrative and strategic). I implement a qualitative methodology, selecting co-management (as performed until December, 2015) as the unit of analysis. The findings show that PAC y FinEs 2 warrant the right to education supported by the attachment of several actors and sectors to their objectives. The quality of the contribution of alliances differs according the political-institutional design, kind of organization and forms of co-management: PAC shows a strategic co-management and FinEs 2 and administrative co-management.

scholarly journals PENYEBAB TIDAK BEKERJANYA HUKUM PEMENUHAN HAK PENYANDANG DISABILITAS PADA LAYANAN TRANSPORTASI DI JAWA TIMUR PERSPEKTIF PERLINDUNGAN KONSUMEN DAN MAQASHID SYARIAH

JURISDICTIE ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 33
Author(s):  
Musa Taklima
Keyword(s):  
Consumer Protection ◽  
Primary Data ◽  
Persons With Disabilities ◽  
Limited Mobility ◽  
Legal Norms ◽  
Legal Literacy ◽  
Transport Organization ◽  
Transportation Accessibility ◽  
The Law ◽  
The Right

<p><em>This study aims to describe first, the main factors causing the inability of the law to fulfill transportation accessibility rights for persons with disabilities in East Java, secondly, the legal review of consumer protection and maqashid sharia against non-fulfillment of transportation accessibility rights for persons with disabilities, third, legal solutions to compliance transportation accessibility rights of persons with disabilities in East Java. The research method used is empirical research with a sociological juridical approach that is related to the effectiveness of the law to fulfill the accessibility rights of persons with disabilities in the field of transportation, which relies on primary data obtained through guided free interviews from primary data sources as well: (1) Transportation Service of East Java Province , (2) Regional Representative Council of the East Java Highway Transport Organization (Organda), which is then analyzed descriptively by a deductive pattern. The results of this study, first, legal norms used to burden the obligation to fulfill the right of accessibility of persons with disabilities to business actors are mandatory norms not prohibitors, business actors do not have legal awareness because they do not know about these obligations and apparatuses also do not have legal norms this is because of ignorance of this obligation, second, in the perspective of legal consumer protection, accessibility is a consumer right specifically for persons with disabilities given Law No. 8 of 2016 and also the obligation of business actors provided by Law No. 22 of 2009, there is no realization of accessibility rights in transportation, business people have ignored consumer rights of disability as well as obligations that must be fulfilled by business actors, maqashid Syariah's perspective sees the implications of not achieving transportation accessibility rights can result in their limited mobility to find work which leads to acts requesting that this need collide with hifdz al-mal and al-'urd. Third, the solution for fulfilling the right of accessibility of persons with disabilities in the transportation sector is (1) Establishment of a National Disability Commission that can advocate for the neglect of the rights of persons with disabilities in macro, (2) legal literacy as a legal literacy media on the rights of persons with disabilities.</em></p><p><em> </em></p><em>Penelitian ini bertujuan untuk mendeskripsikan pertama,<strong> </strong>faktor utama penyebab tidak bisa bekerjanya hukum pemenuhan hak asesibilitas transportasi bagi penyandang disabilitas di Jawa Timur, kedua, tinjauan hukum perindungan konsumen dan maqashid syariah terhadap tidak terpenuhinya hak aksesibilitas transportasi bagi penyandang disabilitas, ketiga, solusi hukum terhadap pemenuhan hak aksesibilitas transportasi penyandang disabilitas di Jawa Timur. Metode penelitian yang digunakan adalah penelitian empiris dengan pendekatan yuridis sosiologis yaitu terkait dengan efektivitas hukum pemenuhan hak aksesibilitas penyandang disabilitas dibidang transportasi, yang bertumpuh kepada data primer yang didapat melalui wawancara bebas terpimpin dari sumber data primer pula yaitu: (1) Dinas Perhubungan Provinsi Jawa Timur, (2) Dewan Perwakilan Daerah Organisasi Angkutan Jalan Raya (Organda) Jawa Timur, yang kemudian dianalisis secara deskriptif analisis dengan pola deduktif. Adapun hasil penelitian ini, pertama, norma hukum yang digunakan untuk membebani kewajiban pemenuhan hak aksesibilitas penyandang disabilitas kepada pelaku usaha adalah norma mandatur bukan prohibitor, pelaku usaha tidak memiliki kesadaran hukum karena mereka tidak mengetahui tentang kewajiban ini dan apparat juga tidak memiliki keterikatan dengan norma hukum ini karena ketidaktahuan terhadap kewajiban ini, kedua, dalam perspektif hukum perlindungan konsumen, aksesibilitas merupakan hak konsumen khusus bagi penyandang disabilitas yang diberikan Undang-Undang No. 8 Tahun 2016 dan juga merupakan kewajiban pelaku usaha yang diberikan oleh Undang-Undang No. 22 Tahun 2009, tidak terealisasinya hak aksesibilitas dalam transportasi, pelaku usaha telah mengabaikan hak konsumen disabilitas sekaigus juga kewajiban yang harus dipenuhi oleh pelaku usaha, perspektif maqashid Syariah melihat implikasi tidak terwujudnya hak aksesibilitas transportasi dapat mengakibatkan sempitnya mobilitas mereka untuk mencari pekerjaan sehingga berujung pada perbuatan meminta minta yang terntunya ini berbenturan dengan hifdz al-mal dan al-‘urd. Ketiga, solusi agar hak aksesbilitas penyandang disabilitas di bidang transportasi terpenuhi adalah (1) Pembentukan Komisi Disabilitas Nasional yang bisa mengadvokasi pengabaian hak-hak penyandang disbailitas secara makro, (2) legal literacy sebagai media melek hukum tentang hak-hak penyandang disabilitas.</em>

scholarly journals EFEKTIFITAS PERATURAN DAERAH KOTA MAKASSAR NOMOR 6 TAHUN 2013 DALAM PEMENUHAN HAK DASAR PENDIDIKAN PENYANDANG DISABILITAS DI KOTA MAKASSAR

2019 ◽  
Vol 13 (2) ◽  
Author(s):  
Firman Umar ◽  
Nur Syarif Ramadhan
Keyword(s):  
Students With Disabilities ◽  
City Government ◽  
School Level ◽  
Educational Institutions ◽  
Right To Education ◽  
Persons With Disabilities ◽  
Basic Rights ◽  
The Government ◽  
The Right ◽  
The City

This study aims to determine: (1) The fulfillment of basic rights to education for Persons with Disabilities in Makassar based on Local Regulation Makassar City No. 6 of 2013, (2) Obstacles encountered in obtaining the basic right of education of persons with disabilities in the city of Makassar, (3 ) the right solution to overcome the obstacles encountered in obtaining the basic right of education of persons with disabilities in the city of Makassar. This research is a study that used a qualitative descriptive approach, which is where the primary data source being informers are students with disabilities the high school level, students with disabilities S1, officials of Education Department of Makassar, members of Parliament of Makassar, the Management Organization disabilities, Pembina NGOs and Parents persons with disabilities. The data collection procedures used were interviews and documentation. While the analysis of the data used is descriptive analysis. The results showed that: (1) Makassar City Government has sought the fulfillment of the basic right to education for persons with disabilities in the city of Makassar. it is evidenced with the local regulations require every institution in which education in the city of Makassar to provide opportunities for persons with disabilities to education. The effect of the presence of these regulations is at the moment with disabilities have been able to attend school at any educational institutions both at school SLB, Regular schools and universities. (2) they encountered several obstacles that obtained with disabilities in getting the right to education that is still no educational establishments are not willing to accept persons with disabilities to attend regular schools, educational facilities are not accessible for persons with disabilities and there are educators at regular schools who do not understand in dealing with students with disabilities. (3) to overcome these obstacles, the government should socialize more about the policies that guarantee basic rights of education of persons with disabilities in educational institutions that are still not willing to accept students with disabilities. In addition, the government should identify the persons with disabilities who attend regular school, then allocate the budget for the procurement of infrastructure and training of educators in dealing with students with disabilities in regular schools and universities.

Being Well

2017 ◽  
Author(s):  
Crystal Parikh
Keyword(s):  
Right To Health ◽  
Ana Castillo ◽  
Human Being ◽  
Persons With Disabilities ◽  
Family Romance ◽  
The Core ◽  
Family Saga ◽  
The Family ◽  
Jhumpa Lahiri ◽  
The Right

Considering the family romance and family saga as adapted in narrative fiction by Jhumpa Lahiri and Ana Castillo, in tandem with the Convention on the Rights of Persons with Disabilities, Chapter Five argues for a conception of the right to health that recognizes embodied vulnerability as the core feature of human being.

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.

scholarly journals The Right to Inclusive Education in the Light of the Convention on the Rights of Persons with Disabilities

1970 ◽  
pp. 329-342
Author(s):  
Boubacar Sidi Diallo
Keyword(s):  
Human Rights ◽  
Students With Disabilities ◽  
Inclusive Education ◽  
Academic Progress ◽  
Social Situation ◽  
Quality Education ◽  
Educational Institutions ◽  
Right To Education ◽  
Persons With Disabilities ◽  
The Right

This article examines the rights of persons with disabilities in the field of inclusive education based on fundamental human rights outlined in the Convention on the Rights of Persons with Disabilities. Inclusive education is essential to achieve universal respect for the right to education, including persons with disabilities. Only inclusive education systems can offer persons with disabilities both quality education and the opportunity to improve their social situation. Inclusive education is not just about placing students with disabilities in mainstream educational institutions; it also means making them feel welcome, respected and valued. The values that underlie the concept of inclusive education reinforce the capacity of everyone to achieve their goals and to conceive of diversity as a source of enrichment. Students with disabilities need appropriate support to participate in the education system on an equal basis with other students. Ordinary educational institutions must provide students with disabilities with a learning environment that maximizes academic progress and socialization.

scholarly journals Fulfillment of Labor Rights for Persons with Disabilities in Indonesia

2020 ◽  
Vol 10 ◽  
pp. 272-280
Author(s):  
Nazifah Nazifah ◽  
◽  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini
Keyword(s):  
Labor Rights ◽  
Human Being ◽  
Decent Work ◽  
Literature Study ◽  
Persons With Disabilities ◽  
Physical Conditions ◽  
Physical Background ◽  
The Right ◽  
Political Economic ◽  
Racial Ethnic

The purpose of this research is to fulfill the rights of persons with disabilities to obtain jobs following their fields without reducing their rights. The research method used is normative juridical with literature study. Decent work is a right for every human being without exception. Various racial, ethnic, and religious backgrounds that are part of a human's identity do not become a barrier for him to get his right. Likewise with the physical or non-physical conditions that underlie a human being. Every human being who has a certain physical or non-physical background also has the same rights to get decent work, including persons with disabilities. The State of Indonesia ratified the Convention on the Rights of Persons with Disabilities into Law Number 19 of 2011. In the preamble of the law, it was explained that the countries that signed the convention had the obligation to promote and protect the rights and dignity of persons with disabilities and promote their participation in the civil, political, economic, social, and cultural spheres is based on equal opportunities, meaning that the Indonesian Government is obliged by law to fulfill the rights of persons with disabilities, especially about the right to work in Indonesia.

Sign in / Sign up

Export Citation Format

Share Document