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2022 ◽  
pp. 0145482X2110736
Author(s):  
Xue Hui Li ◽  
Su Qiong Xu ◽  
Luan Jiao Hu

Introduction The United Nations Committee on the Rights of Persons with Disabilities identified the Chinese blind massage policy as “reserved employment” in its Concluding Observations in 2012. In response, this paper reviewed the policy on blind massage in China and discussed its effectiveness and social impact. Methods: Adopting a historical perspective, this paper describes the development stages of the blind massage policy in China. It reveals the social construction process of the blind massage policy. Government data were provided to help analyze the positive and negative effects of the policy according to the United Nations’ Convention on the Rights of Persons with Disabilities. Results: The blind massage policy is a national strategy involving semi-reserved employment to improve the low employment rate of people with visual impairments in China. It promoted employment of people with visual impairments at the start, but, as the system of the blind massage gradually took shape, it restricted these individuals from choosing a career freely. The blind massage policy has resulted in deep-rooted social prejudices, and it demonstrates disability-based discrimination and charity-oriented practices. Discussion: The Chinese blind massage policy is discriminatory and does not reflect the modern concept of disability rights advocated in the United Nations’ Convention on the Rights of Persons with Disabilities. Implications for practitioners: The Chinese government needs to promote institutional reforms to provide better education and employment for people with visual impairments to change the limited content of vocational training and eliminate discriminatory policies.


2022 ◽  
Vol 4 (2) ◽  
pp. 26
Author(s):  
Bambang S. Irianto

This research is classified as normative legal research. The approach used is the statute approach, legal principles, legal theories, legal concepts. The juridical approach in this research is a problem approach based on the applicable laws and regulations, while the normative approach is a problem approach that examines the law in law so that conclusions can be drawn that are logical, coherent and systematic. Case Approach with the case approach is done by examining cases related to the issue at hand, and has become a decision that has permanent legal force.The results of the study show that there is still inconsistency in law enforcement in the EEZ for fishery potential by the Indonesian Navy in the Exclusive Economic Zone (EEZ), Indonesia is based on the United Nations convention regarding the Law of the Sea in 1982 with Law Number 17 of 1985 concerning legalization. on the United Nations Convention on the Law of the Sea (UNCLOS) and Law Number 45 of 2009 concerning Fisheries. Illegal fishing still occurs in the Indonesian Exclusive Economic Zone by foreign vessels, which is caused by weak patrols in the ZEEI area and is supported by the opening of the ZEEI area, the patrol vessels are less modern to compete with foreign fishing vessels, and the fish resources that are in the ZEEI have not been exploited by Indonesian fishermen according to Law No. 45 of 2009 concerning Fisheries is carried out by legal proceedings and is tried in court, and is sentenced to a sentence which is usually a fine. In the event that a prison sentence is allowed.  


2022 ◽  
Vol 16 (2) ◽  
pp. 476-502
Author(s):  
Yayan Sopyan

As one of the countries that ratified the United Nations Convention on the Rights of the Child in 1990 which was subsequently promulgated into the Child Protection Act, Indonesia is still unsuccessful in protecting children. This mainly occurs in the context of protection illegal migrant workers’ children who were born in the country where their parents work. In Sarawak, Malaysia, for instance, there are 43,445 stateless children. This study aims to portray the stateless children in Sarawak, Malaysia, and the efforts of the Indonesian government to protect their right to access justice. This research is normative-qualitative with observations and in-depth interviews with consultant general staff and Indonesian volunteers In Sarawak as one of the main research methods. The results of this study indicate that stateless condition makes it possible for the children to get other rights, such as education. Meanwhile, the Indonesian government has already made regulations and efforts to provide access to basic human rights for children of stateless migrant workers, including itsbat nikah abroad to legalize unregistered marriage among workers. However, it has not been fully successful because the problems are so complex that it needs to involve several parties, especially the Malaysian government, and plantation owners as employers of the migrant workers. Likewise, harder and more coordinated efforts are also needed to fulfill their citizenship right. (Sebagai salah satu negara yang meratifikasi Konvensi PBB tentang Hak Anak pada 1990 dan kemudian dikristalkan menjadi Undang-undang Perlidungan Anak, Indonesia ternyata belum sepenuhnya berhasil melindungi hak-hak anak. Ini utamanya berlaku dalam konteks perlindungan terhadap anak para buruh migran yang lahir dan tinggal di negara tempat orang tuanya bekerja. Di Sarawak, Malaysia, ada 43.445 anak-anak tanpa kewarganegaraan. Penelitian ini bertujuan memotret kondisi anak buruh migran ilegal tanpa kewarganegaraan di Serawak, Malaysia, serta menjelaskan upaya pemerintah Indonesia untuk melindungi hak-hak mereka. Penelitian ini bersifat normatif-kualitatif dengan observasi dan wawancara mendalam kepada pegawai Konsulat Jenderal dan relawan Indonesia sebagai salah satu metode penggalian data utamanya. Hasil dari penelitian ini menunjukkan bahwa status tanpa kewarganegaraan menghalangi anak-anak tersebut mengakses hak-haknya yang lain, semisal pendidikan. Sementara itu, pemerintah Indonesia sudah memiliki beberapa aturan tertulis dan berupaya memberikan akses keadilan bagi anak para buruh migran tersebut, termasuk melalui program itsbat nikah di luar negeri. Namun demikian, situasi belum sepenuhnya terkendali karena permasalahan yang begitu kompleks dan mengharuskan keterlibatan banyak pihak, utamanya pemerintah Malaysia dan para pemilik perkebunan. Perlu juga dilakukan upaya yang lebih keras dan terkordinasi agar hak-hak tersebut dapat terpenuhi.)


2022 ◽  
pp. 65-89
Author(s):  
María Cristina Cardona-Moltó ◽  
Cristina Miralles-Cardona

Since the ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women in 1979, education has been regarded as an essential vehicle to face gender inequities. As a result, universities are increasingly recognizing the need for mainstreaming gender into education to ensure that all graduates are prepared for developing a gender-sensitive practice. With the purpose of bringing evidence of present developments in connection with current European policies, student teachers' and educators' perceptions of gender mainstreaming implementation from three education programs at the University of Alicante, Spain were explored. Findings reveal that there is a common view that gender mainstreaming has not emerged as a priority in teacher education and that institutional indifference in implementing a gender approach in teaching is a norm. The study contributes to identifying areas of need suggesting actions for making progress in gender equality training at institutional and curricular levels.


2022 ◽  
pp. 629-648
Author(s):  
Sefakor Grateful-Miranda Ama Komabu-Pomeyie

Ghana has many interventions or systems to eradicate poverty among vulnerable people, especially those with disabilities. Ghana's Parliament launched the Social Protection Program in conformity with the United Nations Convention on the Right of People with Disabilities (UNCRPD) as well as the Disability Law of Ghana. One of these programs is the Social Protection Program, under which rehabilitation and RLG ICT training of People with Disabilities (PWDs) have been implemented in the classroom. The main goal of this program is to educate PWDs, granting them employable skills and thereby enabling them to become independent citizens. This chapter, which is related to one of the recommended topics, “Issues and Challenges of Digital Tools and Applications in the Classroom,” draws on and employs a phenomenological approach to confirm the lack of culturally responsiveness of technology to the Ghanaian disability community. Participants indicated they were disconnected from the program because the technological devices were foreign and not connected to their indigenous culture.


2022 ◽  
pp. 584-598
Author(s):  
Barbara Fogarty-Perry ◽  
Margaret McKenzie

This chapter takes a dual focus/lens to applying and performing research methods in inclusive and special education in a tertiary/post-secondary setting with a group of students with dyslexia. It links the core ideas of United Nations Convention on the rights of persons with disabilities Article 24, Inclusive Education to describing the development and implementation of a co-constructed, collaborative project to identify success strategies for students with dyslexia, utilizing both student and teacher perspectives and experiences, and examines the fit of utilizing ethnographic approaches in this. As practitioner –researchers, authors provide a narrative case study of a project which was developed/co-constructed to respond to a set of identified needs for a group of students presenting with dyslexia. Authors then examine how the project practices link to research methodology, particularly ethnography, and produce both a set of strategies to work inclusively in the future with students with dyslexia and also construct a methodological approach within the lens of new ethnography. This serves to theories both the project work and guidelines for future use of ethnographic approaches for research in the field of inclusive and special education.


2021 ◽  
Vol 29 ◽  
pp. 39-66
Author(s):  
Maciej Kochanowski

Contractual liability for damages is not limitless, which is also reflected in provisions of United Nations Convention on Contracts for the Internatiownal Sale of Goods (CISG). Limitation of liability can be introduced in several ways; in CISG Convention this was achieved by limiting the liability to foreseeable damages. In Polish scholarship this issue has received only minimal attention. The author of the contribution focuses on the interpretation of Art. 74 second sentence of the CISG. The aim of the contribution is to elaborate on key normative elements affecting the proper evaluation of the foreseeability and to propose a step-by-step method (scheme) of evaluating the foreseeability of damage that — in the author’s opinion — might ensure that such an exact and thorough evaluation according to the aforementioned provision. The author focuses primarily on the relevant time and subject of foreseeability, the perspective that ought to be taken into account, the factors affecting the foreseeability (will of the parties, binding practices and usages, knowledge of the party, as well as on the distinction between the objective foreseeability of damage (which refers to the damage that the party in breach ought to have foreseen) and the subjective foreseeability of damage (which refers to the damage that the party in breach had actually foreseen).


2021 ◽  
Vol 14 (1) ◽  
pp. 277
Author(s):  
Frank Michiels ◽  
Ulrich Feiter ◽  
Stéphanie Paquin-Jaloux ◽  
Diana Jungmann ◽  
Axel Braun ◽  
...  

Access and benefit sharing (ABS) is a framework which refers to a relatively recent type of legal requirements for access to and use of “genetic resources”. They are based on diverse national and regional laws and regulations, which mostly result from the implementation of the United Nations’ Convention on Biological Diversity (CBD) and its supplementary agreement, the Nagoya Protocol. Their ambition is to achieve fair and equitable sharing of benefits arising out of the use of genetic resources as an incentive to conserve and sustainably use them. This paper describes the experiences, practical constraints and complexities encountered by users of genetic resources when dealing with ABS legislation, with a focus on users from the private sector. We provide insights on how ABS laws have fundamentally changed the way of working with genetic resources, in the hope that it inspires re-thinking of the ABS framework, to better support the overall objectives of the CBD.


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