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Article
Publication date: 1 March 2009

Manfred Nowak and Adriana Zarraluqui

This article describes and clarifies the human rights of persons with disabilities in the context of detention in light of the recently adopted and already in force Convention on

Abstract

This article describes and clarifies the human rights of persons with disabilities in the context of detention in light of the recently adopted and already in force Convention on the Rights of Persons with Disabilities (the Convention). Focusing on the Convention, the article sheds light on the legality of certain forms of detention affecting persons with disabilities, the substantive and procedural requirements for their detention, and on their rights in relation to conditions of detention. This article also provides an account of the different treatments and practices inflicted on persons with disabilities in prisons and other institutions and assesses whether they constitute torture and ill treatment. The authors argue that the Convention on the Rights of Persons with Disabilities represents a paradigm shift that requires States to modify and adopt laws, policies and practices that fully respect the right to liberty of persons with disabilities, and their equal enjoyment of rights while in detention, including the right to be free from torture and ill treatment.

Article
Publication date: 18 June 2018

John-Stewart Gordon and Felice Tavera-Salyutov

The purpose of this paper is to examine and comment on disability rights legislation by focusing on international documents on people with impairments of the last decades, in…

Abstract

Purpose

The purpose of this paper is to examine and comment on disability rights legislation by focusing on international documents on people with impairments of the last decades, in order to provide more information on the dynamics of the disability rights movement and their moral plea for full inclusion.

Design/methodology/approach

By analyzing the international legislation and most important guidelines with respect to people with impairments, it is possible to portray a socio-political change by unfolding the agenda of the historical dimension of the decisive events.

Findings

The long and difficult struggle of people with impairments to beneficiaries of full human rights protection is a fundamental socio-political change that is documented by adhering to important international legislation and guidelines.

Originality/value

The examination of recent international legislation with respect to people with impairments provides historical context for current developments in the context of disability and full inclusion by conceding human rights as their moral and legal foundation.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 37 no. 5
Type: Research Article
ISSN: 2040-7149

Keywords

Book part
Publication date: 28 February 2022

Natalie Persadie

Neurodiverse conditions, or developmental disorders, are neither well-known nor understood by the general population in Trinidad and Tobago. Awareness of, or sensitivity toward…

Abstract

Neurodiverse conditions, or developmental disorders, are neither well-known nor understood by the general population in Trinidad and Tobago. Awareness of, or sensitivity toward, children with autism spectrum disorder (ASD), in particular, is lacking in Trinidad and Tobago. Generation A is those persons who will reach adulthood in the next decade or so and be seeking employment opportunities. Given the current challenges faced by persons with ASD in securing and maintaining employment and the fact that this is a generally underexplored area of research, focusing on Generation A provides an opportunity to explore what provisions are in place for individuals with ASD to assist with future transitions into the workplace in Trinidad and Tobago. This chapter focuses on the existing policy, legal, and institutional framework in Trinidad and Tobago for ASD in the workplace, with particular reference to Generation A, to determine how it is currently addressed and what accommodations are being made to facilitate this demographic. A review of ASD-related data and select, relevant policy, law and institutions in Trinidad and Tobago has revealed that very few preparations, if any, are being made to facilitate Generation A individuals' entry into the workplace. The most relevant sector for addressing ASD needs falls to the NGO movement, but these organizations do not focus on employment preparation. Several recommendations for the key stakeholders in this process have been made that can assist in this regard.

Details

Generation A
Type: Book
ISBN: 978-1-80262-263-8

Keywords

Book part
Publication date: 25 January 2023

Angela Genova, Alice Scavarda and Maria Świątkiewicz-Mośny

Welfare policies for persons with disabilities have been strongly affected by the COVID-19 pandemic, and this introductory chapter provides the theoretical background to the book…

Abstract

Welfare policies for persons with disabilities have been strongly affected by the COVID-19 pandemic, and this introductory chapter provides the theoretical background to the book. Definition, data and main European policies about disabilities are outlined. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is the key pillar of disability policies in European countries. In line with a Disability Studies perspective, COVID-19 health surveillance regime has been a challenge in the implementation process of the UNCRPD, highlighting the role of lay knowledge and community of practices in managing everyday challenges for persons with disabilities and their families, and therefore their potential role in becoming part of epistemic communities to support the policy making and implementation process of the UNCRPD.

Article
Publication date: 2 February 2022

Gabor Petri

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…

Abstract

Purpose

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”.

Design/methodology/approach

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.

Findings

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.

Originality/value

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.

Details

Tizard Learning Disability Review, vol. 27 no. 1
Type: Research Article
ISSN: 1359-5474

Keywords

Book part
Publication date: 4 November 2014

Stephen Meyers

This study frames the international disability movement – NGOs, foreign donors, and transnational networks focused on promoting the 2006 UN Convention on the Rights of Persons with

Abstract

Purpose

This study frames the international disability movement – NGOs, foreign donors, and transnational networks focused on promoting the 2006 UN Convention on the Rights of Persons with Disabilities – as an organizational environment. As the movement expands into the Global South, it actively pressures local grassroots associations to adopt a new organizational model in order to become membership-based advocacy organizations. Many groups, however, are embedded in local civic environments that expect them to act as self-help and social support organizations. As such, grassroots associations are caught between two organizational environments, each promoting different models and practices.

Design/methodology/approach

This analysis draws upon 18 months of participant observation and 69 interviews gathered from a local coalition of seven grassroots disability associations in Nicaragua. This ethnographic approach is combined with sociological institutionalism, an analysis that emphasizes the way organizations conform to organizational models that spread across a field.

Findings

The local associations responded in a variety of ways to the advocacy model promoted by the international movement. Organizations either conformed, resisted, or developed hybrid organizational models on the basis of internal characteristics that determined how they straddled the two organizational environments.

Originality/value

This paper highlights the way international models may be ineffective in local environments that have civic traditions and lower levels of governmental capacity than found in the West. Some disability associations, however, will creatively combine local and international models to create new initiatives that make a positive impact in the lives of persons with disabilities at the grassroots.

Details

Environmental Contexts and Disability
Type: Book
ISBN: 978-1-78441-262-3

Keywords

Book part
Publication date: 25 January 2023

Angela Genova, Alice Scavarda and Maria Świątkiewicz-Mośny

The introduction presents the pandemic context as the new sanitary surveillance regime that has even more affected persons with disabilities. This book focuses on welfare…

Abstract

The introduction presents the pandemic context as the new sanitary surveillance regime that has even more affected persons with disabilities. This book focuses on welfare disability policy, services and practices for and with people with disabilities during the COVID-19 pandemic time, examining the period between Winter 2020 and Spring 2022. A pandemic is a time when changes are accelerated, forcing the emergence of new solutions. The pandemic has called for innovation and reform in all disability welfare policies to overcome increasing and changing social needs. Despite the UN Convention of the Rights of Persons with Disabilities and the European Strategy 2021–2030, the impact of the pandemic has been different in each country according to the features of each national policy framework and local responses. Nevertheless, the European policy framework is the context and the benchmarking reference for the analysis carried out in this work. This book develops a sociological analysis of the impact of the COVID-19 pandemic on policies, services and practices in several European contexts adopting a public sociology perspective. Moreover, the book looks at supportive and self-help activities implemented during the pandemic to answer the needs of the persons with disabilities. By collecting these data, the book outlines and develops the concept of a community of practices as a group of people that share a concern for something they do and learn how to do it better by interacting with each other on a regular basis. Then the structure and the methodological choices of the book are presented.

Article
Publication date: 3 January 2017

Gábor Petri

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…

Abstract

Purpose

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”.

Design/methodology/approach

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.

Findings

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.

Originality/value

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.

Details

Tizard Learning Disability Review, vol. 22 no. 1
Type: Research Article
ISSN: 1359-5474

Keywords

Article
Publication date: 30 May 2023

Bridget Penhale

This paper aims to provide an overview and viewpoint on current international initiatives relating to the human rights of older people.

Abstract

Purpose

This paper aims to provide an overview and viewpoint on current international initiatives relating to the human rights of older people.

Design/methodology/approach

The paper provides a review of recent and current developments in relation to the human rights of older people and some discussion of these issues.

Findings

In addition to the UN Universal Declaration of Human Rights, there are separate conventions on the rights of women, children and persons with disabilities. However, there is currently no universal, binding legal instrument on the human rights of older people, although work is in progress at international level in an attempt to remedy this lack.

Research limitations/implications

This brief paper aims to provide an overview of a complex current issue for those not familiar with the topic, so it is not able to provide an in-depth analysis of the topic.

Practical implications

Social workers and other human services professionals, particularly those who work with older adults, including those working in the health-care sector, should have knowledge and understanding about this important issue.

Social implications

Many older people face inequalities that result from existing gaps in the protection of their rights. This includes issues relating to Intersecting forms of discrimination that adversely affect some older adults. Individuals should be able to age with dignity so they can lead dignified, self-determined and secure lives – and need protection of their human rights to enable them to do so.

Originality/value

This paper provides a viewpoint on current international initiatives concerning the human rights of older people.

Details

The Journal of Adult Protection, vol. 25 no. 3
Type: Research Article
ISSN: 1466-8203

Keywords

Book part
Publication date: 25 January 2023

Aina A. Kane and Line Melbøe

Work participation and work facilitation represent basic human rights for everyone. Work represents an important platform for welfare and well-being, but compared to the general…

Abstract

Work participation and work facilitation represent basic human rights for everyone. Work represents an important platform for welfare and well-being, but compared to the general workforce in Norway, persons with cognitive disabilities are severely under-represented. When workplaces locked down under the first COVID-19 outbreak spring 2020, some people were made redundant whilst many continued their work from home. The lockdown affected persons with cognitive disabilities through lockdown of workplaces, vocational training centres and even day activity centres. The scheme of working from home was not as obvious or facilitated for this group, as for other employees. When also visits were banned and common areas for socialisation were locked down, the consequences of these lockdowns were exacerbated. In this chapter we have examined and discussed the COVID-19 restrictions in Norway and how they affected the basic human rights of persons with cognitive disabilities, and also how such rights can be promoted through legislation, governance and service provision.

Details

Disability Welfare Policy in Europe
Type: Book
ISBN: 978-1-80382-819-0

Keywords

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