scholarly journals Unveiling the Challenges in the Implementation of Article 13 of the United Nations Convention on the Rights of Persons With Disabilities on the Right to Access to Justice: A Case Study of Lesotho

2019 ◽  
Vol 11 (1) ◽  
pp. 194
Author(s):  
Henok Ashagrey Kremte
Keyword(s):  
United Nations ◽  
Access To Justice ◽  
Human Right ◽  
Group Discussions ◽  
Persons With Disabilities ◽  
Legislative Framework ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right ◽  
Human Rights Based Approach

Article 13 of the United Nations Convention on the Rights of Persons with Disabilities guarantees access to justice in the context of disability as a human right and puts concrete and binding duties on state parties. It lays down a duty to safeguard effective access to justice for persons with disabilities on an equal basis with others. Nevertheless, persons with disabilities are extremely susceptible to marginalization and discrimination in Africa and are often denied access to justice. The situation in the Kingdom of Lesotho is not an exception to this reality. The research thus aims at unveiling challenges in the implementation of Article 13 of the United Nations Convention on the Rights of Persons with Disabilities on the right to access justice in the Kingdom of Lesotho and proposes possible recommendations. To this effect, the country’s policies and legislative framework were reviewed to determine the extent to which the right to access justice of persons with disabilities is met and aligned with the United Nations Convention on the Rights of Persons with Disabilities. Factors that hinder persons with disabilities from accessing justice mechanisms in the country were also scrutinized, and the research concluded that persons with disabilities face difficulties in accessing justice because of social, legal and structural obstacles, and recommended legislative, administrative, judicial and other measures. In reaching this conclusion, the research adopted four methodologies of data collection: interview, on-site visit, focus group discussions and desk review research. The research used a human-rights based approach to disability issues so as to frame the enquiry, design the tools for analysis, and made practical findings and recommendations.

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.

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.

Art.5 Equality and Non-Discrimination

2018 ◽  
Author(s):  
Corsi Jessica Lynn
Keyword(s):  
United Nations ◽  
Three Dimensional ◽  
Persons With Disabilities ◽  
Equality Rights ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right ◽  
Article 5

This chapter examines Article 5 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the concepts of equality and non-discrimination. It explores the myriad advances embodied in Article 5 and analyses the legal import of each paragraph. It also considers the potential challenges to implementing Article 5, including clashes between the CRPD Committee’s interpretation and that of states parties, and conflicts between equality rights, such as the right to abortion and arguments that non-discrimination under the CRPD requires bans on aborting disabled foetuses. What emerges is a picture of equality and non-discrimination born of ‘a three-dimensional view of the reality of life as a person with a disability’.

scholarly journals The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?

2018 ◽  
Vol 7 (2) ◽  
pp. 199-224 ◽  
Author(s):  
Andrea Broderick
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Social Dimension ◽  
European Convention ◽  
Political Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.

Art.16 Freedom from Exploitation, Violence, and Abuse

2018 ◽  
Author(s):  
Keeling Amanda
Keyword(s):  
United Nations ◽  
Family Relationships ◽  
Significant Problem ◽  
Disabled People ◽  
Human Right ◽  
Persons With Disabilities ◽  
State Obligations ◽  
United Nations Convention ◽  
The United Nations ◽  
Private Homes

This chapter examines Article 16 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). That disabled people experience higher rates of exploitation, violence, and abuse is an undisputed fact. Indeed, it is a significant problem globally which requires immediate redress and, on this basis, the framing of the issue as a specific human right with detailed attendant obligations is important. Article 16 calls for an awareness that measures put in place to care for or protect disabled people can be a significant cause of the harm that they experience, and that segregation and isolation from the community allow for abuses of power by those who are supposed to be caring for disabled people. Article 16 also extends state obligations beyond the narrow purview of institutions and into a wider variety of arenas, including family relationships and private homes.

scholarly journals Access to Inclusive Education for Students with Autism: An Analysis of Canada’s Compliance with the United Nations Convention on the Rights of Persons with Disabilities

2020 ◽  
Vol 9 (5) ◽  
pp. 328-346
Author(s):  
Phil Lord
Keyword(s):  
United Nations ◽  
Inclusive Education ◽  
Education System ◽  
Medical Model ◽  
Persons With Disabilities ◽  
Canadian Education ◽  
Students With Autism ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

This article argues that Canada fails to meet its obligation under article 24 of the United Nations Convention on the Rights of Persons with Disabilities to provide students with autism with access to inclusive education. Moving beyond Canadian legislation, under which every province and territory recognises the right of all students to an inclusive education, it analyses Canada’s education system and the implementation of the goal of inclusive education. It points out the effect of five interrelated factors on the inclusiveness of the Canadian education system and its accessibility for students with autism: reductions in funding for education; the inadequacy of individual support measures and parent participation; the lack of education and training for teachers; the use of language indicative of the medical model of disability by governments; and "voluntary segregation" – the voluntary removal of children from the public education system by their parents. It concludes that Canada likely does not meet its obligations under the United Nations Convention on the Rights of Persons with Disabilities.

How Can the Right of Young Children with Disability to be Heard be Enacted within the Policy Constructs of Participant Choice and Control?

2018 ◽  
Vol 26 (3) ◽  
pp. 423-445
Author(s):  
Jackie Brien
Keyword(s):  
Young Children ◽  
United Nations ◽  
Critical Examination ◽  
Persons With Disabilities ◽  
Children With Disability ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right ◽  
And Control

This comprehensive literature review provides a critical examination of the concepts inherent in Australia’s National Disability Insurance Scheme, participant choice and control. These concepts are explored in relation to enacting the child’s right to be heard, as outlined in the United Nations Convention on the Rights of the Child and the United Nations Convention on the Rights of Persons with Disabilities.Enacting this right is found to be dependent on the image of young children with disability, acknowledging children’s citizenship rights and balancing these with perspectives regarding the need for protection and the child’s place in family and community. The social-relational model of disability is helpful in understanding how the enactment of the right to be heard may be supported. Parents and early childhood professionals who are sensitive to the child’s perspective may take the role as social mediators of child voice, choice and control, along with practices supporting children’s evolving capacities to enact their own rights and aspirations.

Sign in / Sign up

Export Citation Format

Share Document