The Social Rights of People with Disabilities : Reconciling Care and Justice

2021 ◽  
Author(s):  
Svetlana Polovko ◽  
◽  
Vladimir Shatrevichs ◽  
Gunta Grinberga-Zalite ◽  
◽  
...  

EU is promoting social innovation - the European Disability Strategy is part European Pillars of Social Rights. It is estimated that more than 80 million Europeans with disabilities are in need of special services. People with disabilities experience a lot challenges that arise from socializing, so that they cannot fully enjoy their life's. Innovating or anticipating disability-related social innovations can contribute to product and services for disabled people, but also to eliminate social barrier and to integrate them into society. The aim is to analyse the ways for implementation of social innovation which is bringing maximum value of life for people with disabilities. We expect that factor values affecting people with disabilities may vary since we have different regional infrastructure, social support and services. This literature review study sheds researches social inclusion among people with disabilities. Results: We investigated main domains and factors representing main values for people with disabilities. Findings from this study indicate that people with disabilities may feel deep depression and anxiety in response to social isolation. This study may contribute to values of perceived isolation and promote social barrier elimination. Conclusion: The social tasks associated with regional disability-oriented infrastructure as support require attention in literature. Offering social innovation and assessing current level of needs in regions to people with disabilities will significantly increase social value.


2017 ◽  
Vol 21 (4) ◽  
Author(s):  
Tatiana Silva Tavares ◽  
Elysângela Dittz Duarte ◽  
Roseni Rosângela de Sena

Abstract Objective: To analyze the current Brazilian public policies that guarantees the social rights of children with chronic conditions, in the areas of health, social assistance and education. Method: Documentary research of laws that shape policies related to the attention to children with chronic illness and people with disabilities in the areas of human rights, health, social assistance and education. A critical analysis of the discourse of three selected legislations was carried out. Results: Children with chronic conditions are covered by legislation for the representation of children with chronic diseases or disabilities. There are discourses of the social model of disability, of children and people with disabilities as subjects of rights, of the state's responsibility in relation to the guarantee of social rights and the co-responsibility of the family. Discourses associated with the ideology of human rights in conflict with the ideology of normalization were evidenced. Conclusion: The actions defined for this group are incipient and with signs of restricting financing, revealing ideological struggles.


2020 ◽  
Vol 338 ◽  
pp. 265-275
Author(s):  
Daniel Zimmermann

In July 2019 the new president of the European Commission, Ursula von der Leyen, presented her guidelines for the period of presidency 2019-2024. While most proposals perpetuate the current reform agenda, the focus on the social dimension of the single market is remarkable. Von der Leyen has not only announced the full implementation of the European Pillar on Social Rights, but also highlighted new investment in digital competences seen as a key to competitiveness and innovation of the European economy. This paper will discuss whether the dynamics of the digital single market could lead to a new impetus on EU social policy and on European funding of training programmes. Therefore, an overview of significant funding programmes promoting digital skills is given.


2020 ◽  
pp. 25-31
Author(s):  
N. N. Khomutova ◽  
K. A. Vizner ◽  
S. A. Makhortova ◽  
S. N. Chudievich

The problem of the discrimination of people with disabilities remains being an urgent social problem. Misunderstanding of the meaning of this problem by others results in a situation when invalid’s level of life cannot be equal to a healthy person’s level of life. This article raises the issue of ableism in order to explore the idea of barrier-free environment integration. The results of a social survey are demonstrating a good level of respondent’s awareness concerning this problem and their will to participate in a discussion and taking of measures for the integration of a barrier-free environment with the intention to raise the invalid’s level of life.


Author(s):  
Marco Antonio Cruz-Morato ◽  
Carmen Dueñas-Zambrana ◽  
Josefa García-Mestanza

The situation of labour inclusion of people with disabilities in Spain is still too negative, in spite of the different efforts carried out by public and private sector. Previous research points to social discrimination as one of the main causes of the situation. Ilunion Hotels is one of the most important hotel companies in Spain focused on labour inclusion of people with disabilities. The objective of this paper is to explore the social inclusion case of Ilunion Hotels of the Costa del Sol, the actions that they have developed to improve the labour integration of this collective, based on a behavioral economics theoretical model (with a high relevance of the influence of social stigma, stress theories and coping to stress responses). We look into the specific situation of two of the three hotels developed as Special Employment Centres (sheltered employment contexts defined by Spanish legislation) and the possible impact of their Support Units for Professional Activity. Case study methodology is considered the most appropriate, according to the research objective, supported by semi-structured interviews with the hotel managers. The results show that, although Special Employment Centres are effective in improving labour integration in the short term and could contribute to change the long-term social perspectives about workers with disabilities, they could be also reinforcing the social stigma existing in the ordinary market.


2015 ◽  
Vol 22 (1) ◽  
pp. 39-67
Author(s):  
Sylvie Da Lomba

For more than a decade, the Council of Europe has expressed deep concern over irregular migrants’ poor access to basic social rights. With this in mind, I consider the extent to which the European Convention on Human Rights can contribute to protect irregular migrants in the social sphere. To this end, I consider the role of international supervisory bodies in social rights adjudication and discuss the suitability of international adjudication as a means to uphold irregular migrants’ social rights. Having reached the conclusion that international adjudication can help protect irregular migrants’ social rights, I examine the ‘social dimension’ of the European Convention on Human Rights and the significance that the European Court of Human Rights attaches to immigration status. I posit that the importance that the Court attaches to resource and immigration policy considerations in N v. United Kingdom significantly constrains the ability of the European Convention on Human Rights to afford irregular migrants protection in the social sphere.


Author(s):  
Lyudmyla Bogachova ◽  
◽  
Tetiana Herhulenko ◽  

In the article, within the framework of the general exploration of human rights was made an attempt to substantiate the importance of social rights as a separate category of rights that belongs to the «second generation» of human rights and needs analysis within the state and legal reality. Attention was paid to the historical aspect of the development of social rights. The events, that inevitably influenced the emergence, development and ideological justification of the need for recognition of social rights are analyzed, the causal links involved in their formation are also indicated. In publication the connection of social rights with the concept of the welfare state is revealed, the main purpose of this state is to promote the realization of these rights. The fundamental features of this form of organization of government and society make it possible to evaluate the great dependence of the realization of social rights on socially oriented policy and economy of the country. For a deep understanding of the essence and ideas embedded in the content of social rights, the features and characteristics of this category of rights are studied. Attention is also paid to the different approaches to the concept of social rights expressed by researchers in this issue. The sources in which social human rights are legally fixed are considered (the Universal Declaration of Human Rights, the European Social Charter, the Constitution of Ukraine, the German Social Code). Also there is a comparative analysis of the enshrinement of these rights in courses mentioned above. Particular attention is paid to the characteristics of social rights listed in the German Social Code, as well as to the content of the agreement between Ukraine and Germany about cooperation in the social sphere. Great attention in the publication is paid to the studying of events in Ukraine that hinder the realization of social rights. The coronavirus pandemic and military events in the East of the country have negative impact on the implementation of social rights. The statistical data confirming the violation of the housing rights and medical care at present are given. Conclusion is formulated about the need of analyzing social rights as a specialized group of human rights, which have passed a significant historical path of formation and have unique characteristics and features.


2021 ◽  
Vol 37 (1) ◽  
pp. 75-115
Author(s):  
Soo Jung Jang ◽  
Kyungheun Baek ◽  
Byoung-Inn Kim ◽  
Hyejung Lee ◽  
Jin Bhang Oh

2021 ◽  
Vol 67 (06) ◽  
pp. 54-57
Author(s):  
Zülfiyyə Asim qızı Yolçiyeva ◽  

As we know, there are many fields of pedagogical science. One of the most important areas is special pedagogy. Special pedagogy studies the issues of education and upbringing of children with physical and mental disabilities. People with disabilities are those who are relatively disabled in terms of any part of the body or the brain. In our country, special attention is paid to the education of people with disabilities. Inclusive education creates conditions for the protection of social equality, education and other special needs of children with disabilities. According to the teaching methodology, inclusive education prevents discrimination against children, allows people with various diseases to get a perfect education and succeed. Its main task is to create an environment for vocational training of people with disabilities. In modern times, people with disabilities should not be seen as sick, but as people with disabilities. This shapes the social approach to disability. The social model allows these children to exercise their rights to develop their skills. The purpose of inclusive physical education is to teach students to move together, which promotes the improvement and development of human psychophysical abilities. Different exercises should be chosen for each lesson and combined in such a way as to have a comprehensive effect on the body and ensure that each student can perform. It is necessary to ensure the general requirements and their specificity when arranging lessons. Sports have a great impact on the development of the personality of children with disabilities as normal children. Sport is one of the most important conditions for everyone and is acceptable for any age group. All these procedures are more effective when performed in unison. Let's protect our child's life together for a healthy life and step into a healthy future Key words: Inclusion, inclusive education, inclusive physical education, a person with disabilities, special education


2017 ◽  
Vol 1 (100) ◽  
pp. 849
Author(s):  
Miguel Agudo Zamora

Resumen:Este trabajo analiza la situación en el modelo constitucional español del principio de no regresividad de los derechos sociales. Se parte del análisis sucinto del modelo social de nuestra Constitución lo que implica el reconocimiento de derechos económicos y sociales. Este reconocimiento es la plasmación constitucional de los principios de solidaridad y de cohesión social. El principio de cohesión social ha sido definido por el Consejo de Europa e incluido explícitamente en los tratados constitutivos de la Unión Europea. La necesidad de lograr la cohesión social fundamenta la inclusión en las Constituciones y en los tratados internacionales del principio de no regresividad de los derechos sociales. En la Constitución española de 1978 este principio no se incluye expresamente. La no inclusión en la Constitución de este principio supone un peligro para la cohesión social en tiempos de crisis económica. Por su parte, el Tribunal Constitucional ha sentado una doctrina ambigua sobre este asunto, que ha sido analizada en este trabajo, así como las más significativas aportaciones doctrinales sobre la materia. Para saber cuáles son los limites de la regresividad de los derechos sociales que dotan de contenido este principio se ha realizado una comparativa internacional y de los principios constitucionales. Del estudio del ordenamiento internacional y de los valores y principios constitucionales se ha obtenido una serie de límites a la regresividad del contenido, eficacia y protección de los derechos sociales. Concluye este trabajo sugiriendo una propuesta de reforma constitucional que incluya el principio de no regresividad de los derechos sociales en el texto constitucional estableciendo una serie de requisitos de aquellas medidas que puedan suponer una regresión de contenido de los mismos tales como que deberán justificarse plenamente en referencia a la totalidad de los derechos, valores y principios recogidos en la Constitución y en los tratados internacionales suscritos por el Estado español y en el contexto del aprovechamiento pleno del máximo de los recursos de que se disponga; se aplicarán tras el examen más exhaustivo de todas las alternativas posibles; tendrán en todo caso carácter temporal hasta que las circunstancias económicas permitan restablecer el ámbito material de contenido, eficacia, protección y garantía prexistente de los derechos sociales afectados; en todo caso respetarán el contenido mínimo esencial de los derechos sociales como manifestación de la dignidad humana; serán razonables y estarán suficientemente motivadas; no vulnerarán, entre otros, los principios de seguridad jurídica, confianza legítima, no discriminación e irretroactividad de disposiciones restrictivas de derechos individuales, serán proporcionadas y respetarán los principios de solidaridad, cohesión y sostenibilidad social. Summary1. State, solidarity and social cohesion. 2. Doctrinal and jurisprudential notes on the principle of non-regressivity of social rights. 3. Limits to the regressivity of social rights. a) Limits derived from international law. b) Limits derived from dignity as essential content of social rights. c) Limits derived from the prohibition of arbitrariness: the need for sufficient motivation. 4. Conclusion: constitutionalamendment and non-regressivity of social rights.Abstract:This paper analyzes the constitutional recognition of the principle of non-regressivity of social rights in Spain. It starts from the succinct analysis of the social model of our Constitution which implies the recognition of economic and social rights. This recognition is the constitutionalization of the principles of solidarity and social cohesion. The principle of social cohesion has been defined by the Council of Europe and explicitly included in the constitutive treaties of the European Union. The need to achieve social cohesion underpins the inclusion in the Constitutions and international treaties of the principle of non-regression of social rights. In the Spanish Constitution of 1978 this principle is not expressly included. The non-inclusion in the Constitution of this principle poses a danger to social cohesion in times of economic crisis. For its part, the Constitutional Court has established an ambiguous doctrine on this subject, which has been analyzed in this work, as well as the most significant doctrinal contributions on the subject. In order to know which are the limits of the regressivity of the social rights that give content of this principle an international comparison has been made as well as a study of constitutional principles. Limits to the regressivity of content, effectiveness and protection of social rights have been obtained from the study of international order and constitutional values and principles. This paper concludes by suggesting a proposal for constitutional amendment that includes the principle of non-regressivity of social rights in the Spanish Constitution establishing some requirements of those measures that imply a regression of their content such as: they shall be fully justified in relationship with all the rights, values and principles contained in the Constitution and in the international treaties signed by the Spanish State and in the context of full exploitation of the maximum resources available; Shall be applied after a more comprehensive examination of all possible alternatives; Shall in any case be of a temporary nature until the economic circumstances permit the restoration of the content, effectiveness, protection and pre-existing guarantee of the social rights affected; In any case they will respect the essential minimum content of social rights as a manifestation of human dignity; Shall be reasonable and sufficiently motivated; Shall not infringe, inter alia, the principles of legal certainty, legitimate expectations, non-discrimination and non-retroactivity of provisions restricting individual rights; Shall be proportionate and shall respect the principles of solidarity, cohesion and social sustainability.


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