scholarly journals INCLUSÃO DA PESSOA COM DEFICIÊNCIA NA SOCIEDADE DA INFORMAÇÃO: CONSIDERAÇÕES SOBRE A CIDADANIA ATIVA E PASSIVA NO PROCESSO ELEITORAL - DOI: http://dx.doi.org/10.5216/rfd%20ufg.v40i2.42886

2017 ◽  
Vol 40 (2) ◽  
pp. 152
Author(s):  
Flavia Piva Almeida Leite ◽  
Adalberto Simão Filho ◽  
José Marcelo Menezes Vigliar
Keyword(s):  
United Nations ◽  
Information Society ◽  
Public Policies ◽  
People With Disabilities ◽  
Point Of View ◽  
The Internet ◽  
Persons With Disabilities ◽  
Optional Protocol ◽  
Right To Vote ◽  
The Right

Resumo: A pesquisa parte da visão legislativa posterior à adesão do país a Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo, promulgados pela Organização das Nações Unidas, que contribuíram para a edição da Lei nº 13.146, de 02 de julho de 2015 que Institui a Lei Brasileira de Inclusão da Pessoa com Deficiência (Estatuto da Pessoa com Deficiência). O ambiente de sociedade da informação é avaliado do ponto de vista das políticas públicas estabelecidas no Marco Civil de internet pela Lei 12.965/14. O desafio do direito de votar e de ser votado por parte da pessoa com deficiência, também é abordado juntamente com a ideia de acessibilidade digital e de cidadania. Abstract: The research part of the subsequent legislative vision to the country's accession to the Convention on the Rights of Persons with Disabilities and its Optional Protocol, promulgated by the United Nations, which contributed to the enactment of Law No. 13,146, of July 2, 2015 that establishes Brazilian Law of Inclusion of People with Disabilities (Status of Persons with Disabilities ). The information society environment is evaluated from the point of view of public policies established in the Internet Civil Marco by Law 12,965 / 14. The challenge of the right to vote and to be voted by the person with disabilities is also discussed along with the idea of digital accessibility and citizenship.

Art.10 Right to Life

2018 ◽  
Author(s):  
Nizar Smitha
Keyword(s):  
United Nations ◽  
Human Beings ◽  
Right To Life ◽  
Persons With Disabilities ◽  
Optional Protocol ◽  
United Nations Convention ◽  
Micro Level ◽  
The United Nations ◽  
The Individual ◽  
The Right

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.

Legislating personhood: realising the right to support in exercising legal capacity

2014 ◽  
Vol 10 (1) ◽  
pp. 81-104 ◽  
Author(s):  
Eilionoir Flynn ◽  
Anna Arstein-Kerslake
Keyword(s):  
Decision Making ◽  
Political Philosophy ◽  
United Nations ◽  
People With Disabilities ◽  
Decision Makers ◽  
Legal Capacity ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The Right

AbstractThis paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities, and others). The United Nations Convention on the Rights of Persons with Disabilities (CRPD) challenges this notion by guaranteeing respect for the right to legal capacity for people with disabilities on an equal basis with others and in all areas of life (Article 12). The paper uses the CRPD to argue for a conception of personhood that is divorced from cognition and a corresponding recognition of legal capacity as a universal attribute that all persons possess. Finally, a support model for the exercise of legal capacity is proposed as a possible alternative to the existing models of substituted decision-making that deny legal capacity and impose outside decision-makers.

scholarly journals Sytuacja niepełnosprawnych sensorycznie w obszarze edukacji i aktywności zawodowej w opinii przedstawicieli środowiska osób niesłyszących i niewidzących

2018 ◽  
pp. 13-28
Author(s):  
Marzenna Zaorska
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Point Of View ◽  
Blind People ◽  
Universal Education ◽  
Persons With Disabilities ◽  
Common Cause ◽  
Practical Point ◽  
The Government ◽  
Work And Employment

The Convention on the Rights of Persons with Disabilities, adopted by the United Nations on December 13, 2006, signed by the Government of Poland on March 20, 2007, and ratified on September 6, 2012, obliges to respect all the provisions contained in this document, including those concerning access to universal education, the labour market and employment. However, from a practical point of view, there are many barriers and problems experienced by different environments of people with disabilities in the enforcement of their rights. Hence, the article includes the opinions of representatives of the deaf and blind people on current restrictions and discrimination, as well as proposals addressed to the education and work and employment spheres of those participating in the debates organized under the project „Convention on the Rights of Persons with Disabilities – a common cause”, the main contractor of which is the Polish Forum of People with Disabilities.

scholarly journals INTERNATIONAL PROTECTION OF THE RIGHT OF EQUAL ACCESS TO HEALTH CARE OF PEOPLE WITH DISABILITIES

2018 ◽  
Vol 28 (6) ◽  
pp. 2057-2061
Author(s):  
Momchil Mavrov
Keyword(s):  
Health Care ◽  
United Nations ◽  
Access To Health Care ◽  
People With Disabilities ◽  
Fundamental Rights ◽  
Equal Access ◽  
Persons With Disabilities ◽  
Access To Health ◽  
The United Nations ◽  
The Right

The right to equal access to health care is a fundamental irrevocable right for every person which should be guaranteed in every legal system. It is clear from the established international standards in the field of health that the right of access to healthcare guarantees universal access on an equal basis to really available quality and acceptable health services and health facilities. According to the World Health Organization, access to health services also includes health promotion and disease prevention. In regard to people with disabilities and disadvantaged people, ensuring effective access to healthcare is extremely important, in mind their vulnerability and increased need for moral, social and financial support. The international community has always paid serious attention to the protection of the fundamental rights and freedoms of people with disabilities, especially their health care rights. Evidence for this positive policy is the many legal acts adopted within the United Nations system and within the European Union.The most important of these acts are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, all adopted by the United Nations, as well as the Charter of Fundamental Rights of the European Union, the European Disability Strategy and other European acts. The listed legal instruments proclaim the right of every person to the highest attainable standard of health and as an element of it is protected and the right to equal access to quality health care for all persons.At the same time with creating an appropriate legal framework to protect the health rights of people with disabilities, specialized bodies have been set up within the United Nations system and within the European Union to monitor and control the implementation of international treaties. This approach of the international community deserves support, as only the introduction of comprehensive and adequate measures could provide for a sufficiently high level of protection of the rights of persons with disabilities, who as full citizens of society should have equal and appropriate conditions for full exercising their subjective health rights, without discrimination on the basis of their disability.

The Right to Inclusive Education Under International Law: Following Italy's Lead

2014 ◽  
Vol 17 (1) ◽  
pp. 21-32 ◽  
Author(s):  
Arlene S Kanter ◽  
Michelle L Damiani ◽  
Beth A Ferri
Keyword(s):  
United Nations ◽  
International Law ◽  
Inclusive Education ◽  
Education System ◽  
People With Disabilities ◽  
Lessons Learned ◽  
World Health ◽  
Persons With Disabilities ◽  
Italian Experience ◽  
The Right

Abstract It is estimated in the world today, that more than one billion people have a disability (World Health Organization, 2011). Many people with disabilities receive no education, and, of those who do, few receive an education on an equal basis with their non-disabled peers. In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD). The CRPD seeks to achieve equality for people with disabilities in all areas of life, including education. Article 24 of the CRPD specifically calls upon States Parties to “ensure an inclusive education system at all levels and lifelong learning” (United Nations, 2006, Art.24, para. 1). In this article, the authors provide an overview of the right to inclusive education under international law prior to the CRPD, followed by a discussion of Article 24 of the CRPD. The authors then discuss the role of inclusive education in Italy, which has long been regarded as a leader in the field of inclusive education. The authors conclude the article with a discussion of lessons learned from the Italian experience that may help other countries as they work towards implementation of Article 24's mandate of an inclusive education system.

scholarly journals Pemenuhan Hak Politik Penyandang Disabilitas Mental dalam Pemilihan Umum

Kosmik Hukum ◽  
2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rizkon Maulana ◽  
Indriati Amarini ◽  
Ika Ariani Kartini
Keyword(s):  
Secondary Data ◽  
The Political ◽  
Political Rights ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
General Elections ◽  
Pros And Cons ◽  
Right To Vote ◽  
The Right ◽  
Political Right

The fulfillment of political rights for persons with mental disabilities in general elections has not been running as it should be. Pros and cons arise when collecting data on citizens who have the right to vote at the time of general elections. This research analyzes how the fulfillment of the political rights of persons with mental disabilities in legislation and the obstacles experienced in fulfilling the political rights of persons with mental disabilities. This research is a normative juridical study using secondary data as the main data, namely books, journals, research results, and legislation. Secondary data were analyzed normatively qualitative. The results showed that the political rights of persons with disabilities, including persons with mental disabilities, are a component of human rights that must be fulfilled in a democratic country. The fulfillment of the political rights of persons with disabilities is generally based on Law Number 8 of 2016, namely Article 13 which stipulates that persons with disabilities have the political right to vote and be elected in public office. These rights are important to be respected, protected and fulfilled in order to achieve justice for eliminating political discrimination against persons with disabilities. As for the obstacles experienced in fulfilling the political rights of persons with mental disabilities, namely the difficulty in conveying socialization materials to persons with mental disabilities and the level of voter participation among persons with mental disabilities is still low.Keywords: Political Rights, General Election, Mental Disability

Chronic Illness

2020 ◽  
pp. 285-306
Author(s):  
Oliver Lewis ◽  
Soumitra Pathare
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Independent Living ◽  
People With Disabilities ◽  
Well Being ◽  
Persons With Disabilities ◽  
Implementation Challenges ◽  
National Implementation ◽  
The Right ◽  
Models Of Service Delivery

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.

Art.37 Cooperation between States Parties and the Committee

2018 ◽  
Author(s):  
Gledhill Kris
Keyword(s):  
United Nations ◽  
Persons With Disabilities ◽  
Ordinary Meaning ◽  
Optional Protocol ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Committee oversees the implementation of the CRPD by its states parties through an assessment of periodic reports and by hearing disputes submitted under the CRPD’s Optional Protocol. Article 37 CRPD contains two distinct obligations: that owed by the signatory states of cooperation with the Committee (article 37(1)), and that of the Committee to bear in mind the need to augment domestic capacities to give effect to the CRPD (article 37(2)). An understanding of the import of this turns on the ‘ordinary meaning’ of the words used ‘in their context’ and bearing in mind their ‘object and purpose’. Accordingly, this chapter examines various relevant features and looks at the practice of the Committee to date in order to suggest the meaning of these obligations.

Art.20 Personal Mobility

2018 ◽  
Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Personal Mobility ◽  
Cultural Activities ◽  
European Court ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.

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