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1 – 10 of over 1000Manfred 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.
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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.
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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…
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.
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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.
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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.
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The recent UN Convention on the Rights of Persons with Disabilities provides a powerful vision of the opportunities and support which should be available to intellectually…
Abstract
The recent UN Convention on the Rights of Persons with Disabilities provides a powerful vision of the opportunities and support which should be available to intellectually disabled people and their families, based on a principled commitment to equal citizenship. When ratified nationally, this wide‐ranging Convention has the force of law. Nevertheless there is a long road to travel in securing its successful implementation. Looking across different aspects of the Convention (concerned for example with education, community living or employment) we can identify three common ‘building blocks’ for progress, focused respectively on strengthening self‐determination, promoting mainstream inclusion and providing personalised support. Experience in many countries of the ‘North’ suggests 12 key elements in national and local strategies to address these three requirements. It also points to the need for active partnership between civil society organisations, government and the current service system in which managers and other professional staff can play an important catalytic role. One priority is to invest in developing the capacity for the whole‐system leadership required to bring together the other 12 elements of strategy so as to create a virtuous spiral of positive change. We need to find effective ways of sharing experience across countries on how all this can best be done.
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This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise…
Abstract
This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non‐binding or so‐called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.
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The legal system comprises one of the greatest tools for people with disabilities, in order to ensure and protect their fundamental rights. The present study aimed to focus on the…
Abstract
Purpose
The legal system comprises one of the greatest tools for people with disabilities, in order to ensure and protect their fundamental rights. The present study aimed to focus on the scrutiny of the legal system of the Republic of Cyprus. More specifically, the focus was placed on those laws that refer to the employability of people with disabilities, aiming to present the extent to which disability discrimination at work is prevented in the Republic of Cyprus.
Design/methodology/approach
A brief presentation of the laws employed on the prevention of disability discrimination at work worldwide is made; then, a presentation follows on the specific laws employed in the Republic of Cyprus.
Findings
The conditions in Cyprus are quite similar compared to the international standards. Cyprus has already introduced numerous laws and regulations regarding the prevention of disability discrimination at work; also, a code of good practice and guidance against disability discrimination at work has been published. However, regardless of the differences between legislation in various countries, the importance of establishing new laws and regulations depends on the extent to which they find application in each society. Therefore, there is an imperative need to set up a national mechanism to monitor the application of these laws and regulations, in order to ensure that discrimination at work is prevented in practice and not only in theory (meaning the establishment of new laws).
Originality/value
The findings of this study are useful for policy makers regarding issues of disability discrimination at work for people with disabilities in the Republic of Cyprus.
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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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