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The purpose of this paper is to provide a commentary on “Intellectual disability in Switzerland: the UN Convention on the Rights of Persons with Disabilities, as a vehicle for progress”.

This commentary highlights the importance of including people with intellectual disabilities in human rights reporting. The commentary builds on available data from academic research as well as civil society reports.

Three main aspects are presented: the lack of involvement of people with intellectual disabilities in human rights reporting, the barriers to their participation in developing and publishing human rights reports and possible strategies to tackle those barriers.

The United Nations Convention on the Rights of Persons with disabilities (CRPD) makes it mandatory to include people with intellectual disabilities in policy-making as well as in monitoring the CRPD. Academics need to change their practice to include people with intellectual disabilities in human rights research.

The purpose of this paper is to assess the quality of healthcare offered by a Greek Public Psychiatric Clinic. Special attention is paid to the degree to which the Clinic promotes human rights, social inclusion, and autonomy.

The paper opted for an exploratory study using the open-ended approach of grounded theory, including 21 depth interviews with patients, staff members and patients’ relatives, documentation review and observation by an independent assessment team consisting of the author, a sociologist with mental disabilities, and a psychologist using the World Health Organization QualityRights tool kit which uses the Convention on the Rights of Persons with Disabilities (CRPD) as its frame. The data complemented by a group discussion with employees in another Clinic of the same hospital.

The paper provides empirical insights about how the steps taken by the Psychiatric Clinic to address several of the themes drawn from the CRPD require either improvement or initiation to comply fully with the convention's themes, and how this compares unfavorably with the Urology Clinic.

Sample size and restriction of the data to only one mental health facility limit the generalizibility of the results. Staff who reported professional burnout and cuts in wages may have been be susceptible to recall bias due to current negative mood. Respondent patients may also have failed to disclose their true experiences due to fear of punishment.

The paper uses a new methodology and instrument to assess current practice in mental health facilities in relation to international human rights standards emanating from the CRPD as well as the degree of parity between mental health and general health services.

This research aims to discuss the key civil rights problems in mental well-being and the solutions to those challenges in standard-setting and institutional practice, as well as proposes an integrated approach to adapting the emerging principles of practice to divisive mental health concerns.

This study is based on review of literature focused on mental health and human rights with special reference to international standards and clinical practices. Recent articles related to mental health and human rights and mechanisms suggested by United nations were included to draw conclusion.

Review of literature suggested to switch from reactive to a constructive and pragmatic approach, which is community-based, emphasizing alliance, rather than action, when the client is still too damaged to agree. Treatment should go hand in hand with mental health and civil rights education in the neighbourhood, as well as opportunities for engagement in shared interests in the group and interaction of other individuals with living experience.

While consent to care is a vital issue for human rights, the view of individuals with psychiatric illnesses as dangerous and “out of reach” is perpetuated by a disproportionate emphasis on it. Treatment should go hand in hand with mental health and civil rights education in the neighbourhood, as well as opportunities for engagement in shared interests in the group and interaction of other individuals with living experience.

The purpose of this paper – written by a practising barrister specialising in the Mental Capacity Act 2005 – is to survey law and practice in England and Wales with a view to sketch out a preliminary answer as to whether it can be said there is, in fact, any legally defensible concept of mental capacity.

Review of case-law in England and Wales and relevant domestic and international law, in particular the Mental Capacity Act 2005 and the Convention on the Rights of Persons with Disabilities (“CRPD”).

It is right, and inescapable, to say that mental capacity is in the eye of the beholder, and will remain so even if we seek to recast our legislative provisions. Rather – and perhaps ironically – the conclusion set out above means that we need to look less at the person being assessed, and more at the person doing the assessing. We also need to further look at the process of assessment so as to ensure that those who are required to carry it out are self-aware and acutely alive to the values and pre-conceptions that they may be bringing to the situation.

It seems to me that it is right, and inescapable, to say that mental capacity is in the eye of the beholder, and will remain so even if we seek to recast our legislative provisions. Absent major developments in neuroscience, it will inescapably remain a concept which requires judgments based on interactions between the assessor and the assessed. But that is not thereby to say that it is an irremediably relative and flawed concept upon which we cannot place any weight. Rather the conclusion set out above means that we need to look less at the person being assessed, and more at the person doing the assessing. We also need further to look at the process of assessment so as to ensure that those who are required to carry it out are self-aware and acutely alive to the values and pre-conceptions that they may be bringing to the situation.

This paper serves as a reflection on the best part of a decade spent grappling with the MCA 2005 in and out of the court room, a decade increasingly informed by and challenged by the requirements of the CRPD.

The purpose of this paper is to provide a commentary on the paper titled “The Zone of Parental Control, The ‘Gilded Cage’ and The Deprivation of a Child’s Liberty: Getting Around Article 5”.

This paper uses the original article as a jumping off point to assess what aids advocacy organisations and human rights instruments can give to children with learning disabilities who enter legal procedures.

Existing human rights laws such as the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities provide innovative principles to reviewing existing policies, but little practical guidance is given to real implementation. Disability advocacy is ambiguous towards the question of representation of children with learning disabilities.

Literature on self-advocacy and especially on the self-advocacy and self-representation of children with learning disabilities is very limited. Access to justice for children with learning disabilities is similarly under-researched and is rarely addressed in disability advocacy.

This study aims to assess the awareness about the rights of people with mental illness in the main psychiatric hospital in Tunisia among the service users, the family members and the staff.

The Convention of Rights of People with Disabilities mandates that State Parties initiate and maintain campaigns and human rights training to promote understanding of the rights of people with mental illnesses, considered as a main factor for their fulfillment. Service users, family members and staff evaluated, through a survey, the importance of ten rights for persons with mental illness, stated in the convention.

Disparities were found in the perception of the different rights by and between the three groups. The highest levels of awareness were associated with the freedom from torture or degrading treatment and the right to live with dignity and respect, whereas the lower importance were assigned to the right to participation in recovery plans, to give consent and to exercise legal capacity.

The lack of awareness and the poor perception of rights of people with mental illness is one of the barriers to their achievement. More training and awareness raising is necessary.

The United States (US) system of special education committed three original sins that perpetuate inequities between children with disabilities and their peers. The purpose of this paper is to examine the history of the US system, contrast this history against international disability law and identify opportunities for leaders to transform policy and practice for inclusive education.

This paper explores the development of the three sins in US special education law: (1) weaving throughout it a medical model of disability, (2) failing to mandate inclusion and (3) hampering meaningful enforcement. The paper contrasts the US system with the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), an international law adopted by 180 nations that requires inclusion of people with disabilities at all levels of systems.

This paper finds that the United States has not embraced inclusion in education, but has permitted a continuum of segregation and integration. After a discussion of the three sins and the CRPD, the authors describe opportunities for international and US leaders to learn from the original sins of the United States and develop a system of true inclusion for all students through the transformation of policy and practice.

This paper contributes to the literature on policy development and implementation, with implications for future amendments to US education law and international public administration of education.

The text examines a phenomenon that is particularly evident in the implementation of inclusive reforms in the German education system. With reference to Helmut Fend's New Theory of School, it describes what happens when inclusion is implemented in a school system that seems to be poorly prepared for it. These theoretical considerations related to school can also serve to critically examine the implementation of ‘inclusive diagnostics’ in the context of current inclusive reforms in education.

This commentary takes the article, “Participation of adults with learning disabilities in the 2015 United Kingdom General Election”, as a jumping-off point for considering a tension between the aim of full and equal equality for all people with disabilities as set out in the Convention on the Rights of Persons with Disabilities and more traditional beliefs, that on occasion, it is necessary to deny legal autonomy of men and women with intellectual disabilities in order to protect them. The paper aims to discuss these issues.

This issue is explored by reviewing the multiple and often conflicting ways in which disability and intellectual disability are conceptualised.

Given the multiple and contradictory ways in which both disability and intellectual disability are understood, any discussion of the rights of persons with disabilities is going to be highly problematic.

Equal recognition before the law and the presumption that all persons with intellectual disabilities can – with support – make autonomous decisions could be treated as an empirical question.

The purpose of this paper is to examine the awareness of intellectual disabilities (ID) amongst professionals in the criminal justice system (CJS) and their knowledge of those persons, either as victims, witnesses, suspects, accused or defendants.

A survey of the professionals in the CJS (n=388), combined with a series of focus group interviews with experienced professionals (n=20), was conducted.

One out of three respondents (police, district attorneys and judges) reported that they have regular contact with suspects who have an ID. Differences in knowledge of ID amongst professionals in the CJS can explain awareness and detection of persons with ID.

Non-responders may represent professionals with no knowledge or less interest in these issues.

Reflections on ID have not previously been studied in the Norwegian CJS. The findings serve as a basis and status quo for further research.