Pastoral ministry and persons with disabilities: The case of the Apostolic Faith Mission in Zimbabwe

Critical Gap ◽

Apostolic Faith Mission ◽

Construction Of Disability ◽

The Impact ◽

The Church

Background: The Persons with Disability (PWD) are the minority group dehumanized in the church. The subject of disability is complicated because of the impact of the Judeo-Christian teachings. The Apostolic Faith Mission (AFM) in Zimbabwe is a leading Pentecostal church with a pastoral ministry theology which emphasises divine healing, miracles, signs and wonders. Thus, the space of PWD and how the PWD either connects or benefits from this Pentecostal heritage is a critical gap in this study.Objectives: The objective of this study was to explore the construction of disability through the practices and processes of the pastoral ministry in the AFM.Method: This study followed qualitative research and used the social model of disability as theoretical framework. The data were collected from 26 participants who are PWD and pastors using in-depth interviews, focus groups and participant observations.Results: The results showed the AFM pastoral practices created invisible barriers that militate against PWD. Thus, the pastoral ‘divine solutions’ and ‘triumphalist messages and teachings’ are ‘prescriptive’ and ineffective in reducing ‘the plight of PWD in Zimbabwe’.Conclusion: The study concludes that the pastoral ministry should be ‘one efficient vehicle’ with which the church can care for and ‘transform persons with disabilities’. Pastors should break the glass ceiling by expecting pastors to minister better and more effectively creating a safe space for persons with disabilities. A caring community should be the nature of both the AFM and the pastoral ministry responsible for meeting the needs of the persons with disabilities.

The repercussion of the Convention on the Rights of Persons with Disabilities in Brazilian courts

Revista Direito e Práxis ◽

10.1590/2179-8966/2020/47403 ◽

2021 ◽

Vol 12 (4) ◽

pp. 2601-2627

Author(s):

Pedro Pulzatto Peruzzo ◽

Enrique Pace Lima Flores

Keyword(s):

Social Model ◽

Research Focus ◽

Optional Protocol ◽

The Social ◽

Human Rights Treaties ◽

United Nations Convention ◽

The Impact

Abstract The United Nations Convention on the Rights of Persons with Disabilities (CRPD) was the first treaty to be incorporated as a Constitutional law, according to the determination of the Brazilian Constitution for human rights treaties. In addition, the Optional Protocol was also promulgated, recognizing the competence of the Committee on the Rights of Persons with Disabilities to supervise the application of the treaty in Brazil. This study aims to analyze the impact of the Committee and Convention in Brazilian courts, specifically in the courts that have jurisdiction to rule on cases based on treaties, that is, the Federal Justice. An extensive survey of judicial decisions was carried out in order to verify whether the protections of the treaty are applied. This research focus on the efforts to ensure the rights of persons with disabilities on the Brazilian legal system, based on the commitment to international cooperation to guarantee and promote the rights and principles announced in the CRPD, particularly regarding the social model of disability, which is the main protective concept used in the treaty.

Lessons from the Experience of U.N. Convention on the Rights of Persons with Disabilities: Addressing the Democratic Deficit in Global Health Governance

The Journal of Law Medicine & Ethics ◽

10.1111/j.1748-720x.2010.00512.x ◽

2010 ◽

Vol 38 (3) ◽

pp. 564-579 ◽

Cited By ~ 17

Author(s):

Janet E. Lord ◽

David Suozzi ◽

Allyn L. Taylor

Keyword(s):

Global Health ◽

Social Protection ◽

Medical Model ◽

Social Model ◽

Model Framework ◽

Socially Constructed ◽

High Commissioner ◽

Traditional Approaches

The United Nations Convention on the Rights of Persons with Disabilities (the CRPD or the Convention), adopted on December 13, 2006, and entered into force on May 3, 2008, constitutes a key landmark in the emerging field of global health law and a critical milestone in the development of international law on the rights of persons with disabilities. At the time of its adoption, the U.N. High Commissioner for Human Rights heralded the CRPD as a rejection of the understanding of persons with disabilities “as objects of charity, medical treatment and social protection” and an embrace of disabled people as “subjects of rights.”The text of the Convention itself, and the highly participatory process by which it was negotiated, signal a definitive break from previous international approaches that focused on disability within a medical model framework. In contrast to traditional approaches, the CRPD embraces a social model of disability, concentrating the disability experience not in individual deficiency, but in the socially constructed environment and the barriers that impede the participation of persons with disabilities in society.

PROTECTION OF PERSONS WITH DISABILITIES RIGHTS: PRINCIPLES UNDER THE CONVENTION AND THE NATIONAL CASE-LAW

Medicne pravo ◽

10.25040/medicallaw2021.02.086 ◽

2021 ◽

pp. 86-94

Author(s):

R. B. Hobor

Keyword(s):

Case Law ◽

Social Model ◽

National Courts ◽

The Social ◽

Physical Health Problems ◽

High Attitude ◽

The Right ◽

Key Resources

In spite of all the short-comings, the level of protection of rights and capabilities of people with disabilities has become a good indicator of nation’s development, and such a trend is nothing but hopeful. At the same time, one can hardly imagine that this high attitude would be attainable without the influence of left liberal ideologies, that among omnibus achievements granted the shift from medical to social disabilities model.This situation cannot stand but to resemble in a certain state of rights and capabilities exercise, and even the availability of access to the key resources is impossible to bring to the point of marginalization of the mental and physical health problems. As the analyzed material shows, left liberal ideologists,being responsible for shaping the current International Law on Persons with Disabilities, finally succeeded in promoting their principle ideas in the nation case-law. The right to water, lay down on the ship’s practice, as you will look lower, you can use the clever illustration of that relief flow, as the national judiciary can fix the development of the rights and capabilities of individuals from the same basis.The article further develops the idea, that national courts sometimes tend to use realistic approach (as invented by R. Pound, J. Llewellyn, O.W. Holmes) for the sake of implementing the social model of disability. It has been concluded that legal realism is a transmitter for left liberal values in the modern western societies.

Art.1 Purpose

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0002 ◽

2018 ◽

Author(s):

Kakoullis Emily ◽

Ikehara Yoshikazu

Keyword(s):

Medical Model ◽

Social Model ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Societal Participation ◽

United Nations Convention ◽

Medical Model Of Disability

This chapter examines Article 1 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article sets out the purpose of the CRPD and describes its target group. It enshrines a ‘paradigm shift’ in approach to the concept of ‘disability’ in international human rights law: a shift from an approach underpinned by a ‘medical model of disability’ that views persons with disabilities as ‘objects’ of medical treatment and in need of charity; to a ‘social model of disability’, which views persons with disabilities as ‘subjects’ with rights and focuses on the barriers persons with disabilities face that may hinder their societal participation.

Recognizing and Respecting the Rights of Children with Disabilities in the Classroom

International Journal of Education ◽

10.5296/ije.v8i3.9444 ◽

2016 ◽

Vol 8 (3) ◽

pp. 1

Author(s):

Cornelia Schneider

Keyword(s):

Children With Disabilities ◽

Children's Rights ◽

Relationship Building ◽

Children’S Rights ◽

Social Model ◽

Human Beings ◽

Rights Of The Child ◽

The Right

The UN Convention on the Rights of the Child was adopted and ratified in 1990 by the UN General Assembly, and signed by most member countries of the United Nations. However, its implementation is slow, complex, and can to-date be considered as incomplete in most countries, particularly as children’s rights often seem to be in contradiction with traditional perceptions of children as dependent, immature and incompetent human beings under their parents’ tutelage. Furthermore, it appears that children’s rights are at risk of colliding with the rights of the family. These issues are even more strongly highlighted when it comes to children with disabilities, as those children often are perceived as vulnerable and incompetent. The UN Convention on the Rights of Persons with Disabilities of 2006 emphasizes the right to full participation based on the social model of disability, including the right to inclusive education for children with disabilities. This article addresses both conventions, the contradictions within but also with each other, which impede the rights of children with disabilities as much as traditional perceptions of childhood do. It will then demonstrate how the recognition of the rights of children with disabilities can be improved by using the frameworks of sociology of childhood (Corsaro, 2015) and the work on relationship building and solidarity by Honneth (1995). Lastly, the article will give examples of how to implement and respect the rights of children with disabilities in schools, by using the example of the Index for Inclusion.

Religion, culture, and discrimination against persons with disabilities in Nigeria

African Journal of Disability ◽

10.4102/ajod.v5i1.192 ◽

2016 ◽

Vol 5 (1) ◽

Cited By ~ 15

Author(s):

Edwin Etieyibo ◽

Odirin Omiegbe

Keyword(s):

Mental Illness ◽

Oculocutaneous Albinism ◽

Social Model ◽

Social Environments ◽

People With Mental Illness ◽

The Social ◽

Angular Kyphosis ◽

Nigerian Government

Background: There is not a lot in the literature on disability in Nigeria concerning the role that religion, culture and beliefs play in sustaining discriminatory practices against persons with disabilities.Objectives: Many of these practices are exclusionary in nature and unfair. They are either embedded in or sustained by religion, culture and beliefs about disability and persons with disabilities.Methods: Drawing on various resources and research on disability, this paper looks at these practices in respect of these sustaining factors. Some of the discriminatory practices that constitute the main focus of the paper are the trafficking and killing of people with mental illness, oculocutaneous albinism and angular kyphosis, raping of women with mental illness and the employment of children with disabilities for alms-begging.Results: The examination of these practices lends some significant weight and substance to the social model of disability, which construes disability in the context of oppression and the failure of social environments and structures to adjust to the needs and aspirations of people with disabilities.Conclusion: Given the unfairness and wrongness of these practices they ought to be deplored. Moreover, the Nigerian government needs to push through legislation that targets cultural and religious practices which are discriminatory against persons with disabilities as well as undertake effective and appropriate measures aimed at protecting and advancing the interests of persons with disabilities.

A Clash of Conventions? Participation, Power and the Rights of Disabled Children

Social Inclusion ◽

10.17645/si.v5i3.955 ◽

2017 ◽

Vol 5 (3) ◽

pp. 93-103 ◽

Cited By ~ 4

Author(s):

Ralph Sandland

Keyword(s):

Social Model ◽

Best Interests ◽

Disabled Children ◽

Rights Of The Child ◽

The Social ◽

Adequate Understanding ◽

Participation Rights ◽

Substantive Law

This article considers the neglected topic of the relationship between the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, with regard to the participation rights of disabled children. It analyses key articles in both conventions and considers relevant general comments from both convention committees (the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities), and their interpretation by academic contributors. The article argues that much work on this topic fails to develop an adequate understanding of power relations, and that the ‘social model of disability’ which underpins the disabilities convention, when applied to ‘childhood’ (as opposed to ‘children’) suggests that the implications of that convention for the participation rights of all children, not only disabled children, are profound. This is because the disabilities convention rejects the relevance of tests of capacity and ‘best interests’ for disabled adults, for reasons which are equally germane to disabled children, and children in general. The article concludes with discussion of the difficulties in implementing the insights derived from the analysis of the disabilities convention in substantive law in the absence of a right to freedom from age discrimination for children, and suggests other, less far-reaching, reforms that could be made this notwithstanding.

Tracing the Boundaries between Disability and Sickness in the European Union: Squaring the Circle?

European Journal of Health Law ◽

10.1163/15718093-12341392 ◽

2016 ◽

Vol 23 (1) ◽

pp. 5-35

Author(s):

Silvia Favalli ◽

Delia Ferri

Keyword(s):

European Union ◽

Case Law ◽

Social Model ◽

The European Union ◽

Court Of Justice ◽

The Social ◽

Definition Of ◽

Employment Equality

In recent years the European Union (eu) has sought to develop a far-reaching policy regarding persons with disabilities. However, to date, eu non-discrimination legislation does not provide any clear legal definition of what constitutes a disability. The Court of Justice of the European Union (cjeu) has attempted to fill this gap and, in several decisions, has elaborated on the concept of disability and its meaning under eu law. The cjeu, with reference to the application of the Employment Equality Directive, has explained the notion of disability mainly by comparing and contrasting it to the concept of sickness. Against this background, this article critically discusses recent case law and attempts to highlight that, even though the Court has firmly embraced the social model of disability envisaged by the un Convention on the Rights of Persons with Disabilities, the boundaries between the concepts of sickness and disability remain blurred.

Employment Legal Framework for Persons with Disabilities in China: Effectiveness and Reasons

International Journal of Environmental Research and Public Health ◽

10.3390/ijerph17144976 ◽

2020 ◽

Vol 17 (14) ◽

pp. 4976

Author(s):

Yuling Hao ◽

Peng Li

Keyword(s):

Medical Model ◽

Legal Framework ◽

Social Model ◽

Limited Effectiveness ◽

Enforcement Mechanisms ◽

Poor Outcomes ◽

Legal Frameworks ◽

Definition Of

In order to promote the employment of persons with disabilities, two dominant legal approaches—anti-discrimination legislation based on the social model of disability and an employment quota scheme based on the medical model—are usually employed on a nation-state basis in disability policies. This article systematically examines the reasons why both the anti-discrimination and employment quota scheme legal frameworks have limited effectiveness in promoting employment of persons with disabilities in China. We found that the lack of a definition of disability, the lack of a definition of discrimination, and the absence of effective enforcement mechanisms are the reasons for poor outcomes of the anti-discrimination legal framework. For the employment quota scheme, conflicts between the mainstream labor market legal framework and the quota scheme legal framework have prompted employers to pay penalties rather than hire persons with disabilities. China should address these issues in the current legal system in the short term. Meanwhile, the CRPD should be more strongly emphasized in China. This article argues for the human rights model espoused by the CRPD, instead of the medical model, to develop a coherent and sustainable disability legal framework for promoting participation of persons with disabilities, rather than focusing on viewing them as recipients of care.

What Can Disability Learn from the Breastfeeding Wars?

Disability Studies Quarterly ◽

10.18061/dsq.v31i2.1595 ◽

2011 ◽

Vol 31 (2) ◽

Cited By ~ 1

Author(s):

Angela Lea Nemecek

Keyword(s):

Social Model ◽

Feminist Movement ◽

Prosthetic Devices ◽

The Social ◽

Feminist Perspectives ◽

Construction Of Disability ◽

Disabled Workers

This paper uses disability and feminist perspectives to argue that the construction of breastfeeding in the workplace illuminates fundamental aspects of the construction of disability.  Breastfeeding workers parallel disabled workers in many ways: both require accommodations, both often rely on prosthetic devices, and both have difficult achieving the kind of worker “independence” that contemporary workplaces value.  By examining these parallels, and considering the subordinate status of interdependent bodies, this paper explores the implications of the feminist movement’s hesitation to rally behind breastfeeding rights.  It also offers a new way of looking at the social model of disability as one that is capable of constructing disability even in the absence of impairment.