From Safety Nets to Support Networks: Beyond ‘Vulnerability’ in Protection for Consumers with Cognitive Disabilities

2018 ◽  
Vol 41 (3) ◽  
Author(s):  
Yvette Maker ◽  
Jeannie Marie Paterson ◽  
Anna Arstein-Kerslake ◽  
Bernadette McSherry ◽  
Lisa Brophy

This article considers the significance of the obligations in the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) for consumer protection law and policy. The current legal response to consumers who require additional decision-making support is primarily focused on mechanisms to release consumers classified as ‘vulnerable’ from transactions tainted by concerns about a lack of genuine consent. While these legal responses provide an important safety net of protection against predatory and exploitative behaviour, they are limited in their ability to encourage social participation and equal access to goods and services for consumers with cognitive disabilities. We argue that the CRPD requires an approach to consumer protection that provides more meaningful support for consumers with cognitive disabilities and make suggestions about what this support might entail in terms of changes to both the legislative regime and contracting practices.

2017 ◽  
Vol 35 (2) ◽  
pp. 64-84
Author(s):  
Piers Gooding ◽  
Anna Arstein-Kerslake ◽  
Sarah Mercer ◽  
Bernadette Mc Sherry

In the 10 years since Australia has ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the issue of the indefinite detention of persons with cognitive disabilities found unfit to stand trial has received considerable attention. Concerns have been raised by national media, law reform bodies and United Nations human rights agencies. Yet there remain few examples of formal change to unfitness to stand trial laws in Australia. This article focuses on the role of procedural accommodations in meeting CRPD requirements, and other accessibility measures to ensure accused persons with cognitive disabilities are able to take part in criminal proceedings on an equal basis with others. It examines support measures that appear in existing statute and case law within Australia and considers the need to develop new forms of support.


Author(s):  
G. Anthony Giannoumi ◽  
Molly Land ◽  
Wondwossen Mulualem Beyene ◽  
Peter Blanck

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) obligates State Parties to ensure full and equal access to the web for persons with disabilities. However, copyright law and policy sometimes poses challenges to realizing full and equal access to the web for persons with varying physical, mental, and cognitive disabilities. Recent developments in international law and policy that promote the use of technological protection measures (TPM) as a means for protecting copyrighted digital content on the web create barriers to accessibility for certain individuals with disabilities. This article uses theories of multilevel governance and social regulation to explore the relationship among laws and policies that aim to ensure web accessibility, and laws and policies to preserve and promote the use of TPM. It employs a case study of U.S. law and policy to examine how different levels of governance have ensured and supported the rights of persons with cognitive disabilities and web content publishers. This article argues that the Marrakesh Treaty acts as a bridge between the copyright and human rights regimes, can promote the meaningful participation of persons with an array of cognitive and other disabilities in the design and implementation of national and international copyright laws and policies, and thus fosters harmonization of TPM with the principles of web accessibility.


2021 ◽  
pp. 104420732110231
Author(s):  
Peter Blanck

Supported decision-making (“SDM”) is an emerging paradigm in which people use friends, family members, and professionals to help them understand and address the situations and choices they encounter in everyday life. The aim of SDM is to empower individuals to make their own decisions to the maximum extent possible to increase self-determination. SDM is an alternative to overly restrictive guardianship or substitute decision-making regimes to which persons with cognitive and mental health disabilities historically have been relegated in law and policy. This special issue examines emergent issues involving SDM in areas of research, law, and policy. It examines SDM from American and comparative law, research, and policy perspectives, as recognized in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, and from the perspective of the lived experience.


2021 ◽  
Vol 44 (4) ◽  
Author(s):  
Frances Simmons ◽  
Grace Wong

Since the criminalisation of forced marriage in Australia in 2013, the number of cases reported to Australian authorities has risen sharply. This article draws on a qualitative study with eight survivors of forced marriage in Australia to explore survivors understanding of the legal concepts of forced marriage and family violence; experiences of coercion and control in the lead up to, and within, a forced marriage; the obstacles survivors encountered when they sought help; their reflections on justice and the limitations of legal responses to forced marriage; and how survivors can shape law and policy reform. The findings of this study underline the need to reframe Australia’s response to forced marriage to address the complex processes of coercion and control which lead to forced marriage and to create meaningful opportunities for survivors to shape the design, implementation and evaluation of legal and policy responses to forced marriage.


1987 ◽  
Vol 81 (2) ◽  
pp. 331-347 ◽  
Author(s):  
W. E. Butler

On April 28, 1983, the Soviet Union became the first maritime country of consequence and the largest sea power signatory to the 1982 United Nations Convention on the Law of the Sea to enact legislation implementing the provisions of that instrument regulating the innocent passage of foreign warships. The stature of the Soviet Union within the framework of the Convention and the policy changes embodied in the 1983 legislation confer a special importance on these new Rules, whose text and interpretation will become a standard emulated by other countries. The present article examines the text of the Rules against the background of previous Soviet legislation, the 1982 Convention and its negotiating history, and the application of the Rules.


2021 ◽  
Vol 194 ◽  
pp. 531-680

531Human rights — Rights of women in Northern Ireland — Pregnant women and girls — Autonomy and bodily integrity — Right to respect for private and family life — Rights of persons with disabilities — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Abortion law in Northern Ireland — Prohibition on abortion in cases of serious malformation of foetus, rape and incest — Balancing of rights — Whether moral and political issues relevant — Role of courts and Parliament — Whether abortion law incompatible with Articles 3 and 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be madeHuman rights — Right to respect for private and family life — Qualified right — Abortion law in Northern Ireland — Prohibition on abortion in cases of serious malformation of foetus, rape and incest — Interference with right to respect for private and family life under Article 8 of European Convention on Human Rights, 1950 — Whether interference justified — Whether interference prescribed by law — Whether having legitimate aim — Whether necessary in democratic society — Whether proportionate — In case of fatal foetal abnormality — In case of rape — In case of incest — In case of serious foetal abnormality — Balancing of rights — European Court of Human Rights — Margin of appreciation accorded to United Kingdom represented by Northern Ireland Assembly — Whether legislative situation in Northern Ireland tenable — Role of legislature and courts — Whether Northern Ireland abortion law incompatible with Article 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be madeHuman rights — Rights of persons with disabilities — Treaties — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Northern Ireland abortion law prohibiting abortion in cases of serious malformation of the foetus — Foetus having potential to develop into child with disability in cases of serious foetal abnormality — Value of life with and without disability — Whether life having equal worth — United Nations Committee on the Rights of Persons with Disabilities recommending States amend abortion laws so as to value equally the life of a person with disabilities — Whether Northern Ireland abortion law disproportionate in cases of serious foetal abnormality — Whether abortion law in Northern Ireland incompatible with Article 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be made532Human rights — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Article 3 of European Convention on Human Rights, 1950 — Rights of girls and women in Northern Ireland pregnant with foetuses with fatal abnormality or due to rape or incest — Article 3 absolute right — Effect on victim — Whether mothers continuing against their will with fatal foetal abnormality pregnancies or pregnancies due to rape or incest, or having to travel to England for an abortion, likely to suffer inhuman and degrading treatment — Whether any ill-treatment under Article 3 reaching minimum level of severity — Obligations owed by the State under Article 3 of European Convention — Vulnerability of women — Personal autonomy — Whether abortion law in Northern Ireland incompatible with Article 3 of European Convention — Whether declaration of incompatibility should be madeRelationship of international law and municipal law — Treaties — Implementation — Interpretation — Effect in domestic law — International treaties to which United Kingdom a party — European Convention on Human Rights, 1950 — Human Rights Act 1998 — United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Whether moral and political issues relevant — Balancing of rights — Northern Ireland abortion law interfering with right under Article 8 of European Convention on Human Rights, 1950 — Whether interference justified — Whether prescribed by law — Whether having legitimate aim — Whether necessary in democratic society — Whether proportionate — Relevance of moral and political views — Role of courts and Parliament in abortion debate — Whether pregnant women and girls subjected to inhuman or degrading treatment — Whether reaching minimum level of severity for breach of Article 3 of European Convention — Whether Northern Ireland abortion law incompatible with Articles 3 and 8 of European Convention on Human Rights, 1950 Convention — Whether declaration of incompatibility should be madeRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Effect in domestic law — Abortion law in Northern Ireland — Sections 58 and 59 of the Offences against the Person Act 1861 — Section 25(1) of the Criminal Justice Act (NI) 1945 — Right to respect for private and family life — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Whether abortion law in 533Northern Ireland incompatible with Article 8 of European Convention — Balancing of rights — Whether abortion law justified — Whether moral and political values relevant — Margin of appreciation accorded to States by European Court of Human Rights — Whether abortion law in Northern Ireland incompatible with Articles 3 and 8 of European Convention — Whether declaration of incompatibility should be madeTreaties — Interpretation — Implementation — Application — Effect in domestic law — European Convention on Human Rights, 1950 — Interpreting European Convention in light of other international treaties to which United Kingdom a party — United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Relevance of unincorporated international treaties when applying European Convention via Human Rights Act 1998 — The law of the United Kingdom


2018 ◽  
pp. 119-138
Author(s):  
Jaime Prieto ◽  
Juan L. Paramio-Salcines

Little attention has been focused on the analysis of the interrelation between disability and elite disability sport from the human rights perspective as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) demands of those countries that ratified this global regulation. More than a decade since its promulgation in December 2006, the United Nations itself and a plethora of authors recognises that disability in general and disability sport by extension has not yet been seen as a human rights issue in many countries, principally in developing countries. This paper is divided into four main parts. First, academic literature in relation to disability, human rights policy and sport at elite level is explored. Second, it examines the active role of the International Paralympic Committee, regarded as a major advocate for the rights of the sport promotion of athletes with disabilities, to implement the Convention by the organisation of sports events for Paralympic athletes worldwide at all levels of the sport development continuum. Third, it explains the methods and data collection followed in the study and the following section presents results of the analysis. Finally, it draws an international scenario that might be valuable in informing academics, institutions and professionals to promote elite disability sport from the human rights perspective.


Author(s):  
Asif Javed ◽  
Vaqar Ahmed ◽  
Bakhrul Khair Amal

Sustainable Development Goal (SDG) 1 intends to end poverty of all forms and the government of Pakistan is also targeting poverty alleviation through social safety nets. ‘Ehsaas’ is the major social safety nets proramme which include various initiatives that are benefiting millions of households. The study examines the state of poverty in Pakistan and also highlights the spending under each social safety net. Furthermore, the study also evaluates the Livelihood Enhancement and Protection (LEP) programme which is a major initiative for poverty alleviation under Ehsaas programme. Survey in Khyber Pakhtunkhawa and Balochistan provinces were conducted of those beneficiaries who are getting asset and skills training. It was found that asset provision and skills trainings are helpful in increasing the earnings and provide sustainable livelihood opportunities to poor households.


Sign in / Sign up

Export Citation Format

Share Document