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1 – 10 of over 16000The 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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This paper examines the implications of the disability rights critique of prenatal testing on the development of genetic policy and abortion rights. It traces the reappearance of…
Abstract
This paper examines the implications of the disability rights critique of prenatal testing on the development of genetic policy and abortion rights. It traces the reappearance of the disabled body in public deliberations over reproductive and genetic politics that use disability to frame arguments about which bodies are worthy of protection, how and why we limit reproductive choices, and what reasons women may use to terminate their pregnancies. The disability critique of prenatal testing and selective abortion finds itself in productive tension with reproductive rights politics, which increasingly features disability in both pro-life and pro-choice messages. The uneasy alliance between disability and pro-life interests has profound implications for both disability legal scholarship and the sociolegal inquiry into the role of rights articulation – and rejection – by social movements.
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Elena Jenkin, Erin Wilson, Matthew Clarke and Robert Campain
This chapter presents a research method for operationalizing a human rights approach with children with disability in developing countries that confronts the tension between a…
Abstract
This chapter presents a research method for operationalizing a human rights approach with children with disability in developing countries that confronts the tension between a universal human rights discourse and local knowledge and customs. This research was undertaken in Papua New Guinea and Vanuatu. Through methods of data collection, analysis of data and the dissemination of findings, the focus was on utilizing human rights concepts and ideas in a way that enabled the local meanings and experiences of children to be re-interpreted against the Articles of the Convention on the Rights of Persons with Disabilities (CRPD). Findings could then be presented in a manner that communicated effectively with governments and local and global organizations, while also honouring the particular experiences of children with disability. Such an approach is, of course, subject to critique and ongoing adaptation.
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This article intervenes in the debate, among US disability rights advocates, about physician-assisted suicide (PAS). Through an ethnographic study, I situate this debate in the…
Abstract
This article intervenes in the debate, among US disability rights advocates, about physician-assisted suicide (PAS). Through an ethnographic study, I situate this debate in the context of the dominant form of end-of-life care in the US hospice. Based on this analysis, I argue that PAS should be an issue of secondary concern to disability rights advocates, and that their primary concern, at the end-of-life, should be the improvement of US hospice care. By thus “putting the ‘right to die’ in its place,” they can achieve consensus among themselves and leverage this consensus to achieve the most substantial advancement of disability rights.
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Paul T. Jaeger, Brian Wentz and John Carlo Bertot
This chapter explores the historical and evolving relationship between human rights, social justice, and library support of these efforts through physical and digital access, as…
Abstract
Purpose
This chapter explores the historical and evolving relationship between human rights, social justice, and library support of these efforts through physical and digital access, as well as relevant legal frameworks.
Methodology/approach
We explore the connection between libraries, technology, human rights, and social justice. The human rights and social justice functions of libraries are descriptive of what libraries have become in the age of the Internet. Many aspects of the information and communication capabilities that are provided through Internet access have been leveraged to promote human rights and social justice throughout the world.
Findings
There is practical evidence through case studies and survey results that libraries have primarily embraced this direction through offering many individuals without Internet access or technology experience a place of physical access, education, and an ongoing atmosphere of inclusion and accessibility as society embraces an increasingly digital future. This focus on rights and justice exists within varying legal structures related to people with disabilities and to values of rights and justice. Many libraries have also created programs and services that are targeted toward online equity for people with disabilities. This proactive response regarding digital accessibility is indicative of the likelihood that there is an inclusive future for libraries and their services to the broadest of their communities.
Social implications
Highlighting this role and a motto of access for all will enable libraries to expand their significant contributions to human rights and social justice that extend beyond the traditional physical infrastructure and space of libraries.
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This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the…
Abstract
This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the question remains why disability rights legislation does not go far enough toward addressing access, stigma, and discrimination issues. People with disabilities have found empowerment from disability rights laws, but these laws are also restrictive because they define people in relation to medical aspects of their disabilities and narrowly define society’s obligation for inclusion. The successes and failures of disability rights laws are an important contribution to the study of conceptions of difference.
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This chapter asserts the theoretical importance of a relational approach for examining the historical development of civil rights for people with intellectual disabilities. A…
Abstract
This chapter asserts the theoretical importance of a relational approach for examining the historical development of civil rights for people with intellectual disabilities. A relational approach examines contestations over rights as embedded within and across various groups, settings, and times. Through this approach, we see, first, that struggles over rights are primarily struggles over “relational visions,” or the desired relational structure across groups. Second, rights for people with disabilities intersect with rights for other minority groups, and therefore, we must examine the broader stratification and relational structure. Third, rights developed differently depending on relational setting. Finally, rights have been used as “technologies of power,” requiring “normative” behavior for inclusion. Overall, a relational approach provides a set of concepts and a theoretical framework that furthers our understanding of citizenship for people with intellectual disabilities as it transformed through time and as it developed alongside citizenship for other populations.
This chapter examines disability rights movement's rejection of a right to physician-assisted suicide (PAS). Supporters of PAS frame the right to enlist a physician's help in…
Abstract
This chapter examines disability rights movement's rejection of a right to physician-assisted suicide (PAS). Supporters of PAS frame the right to enlist a physician's help in determining the nature and timing of one's death as a fundamental liberty interest and as a right to privacy. The disability opposition counters this with disparate impact and slippery slope arguments and stories of disability pride as a rhetorical rejection of a right it deems dangerous and discriminatory. In examining this clash of rights talk, this chapter analyzes the legal and political consequences of anti-rights rhetoric by a movement that is grounded in notions of autonomy and self-determination.
Purpose: The purpose of this chapter is to scrutinize the apparent alliance between international and local disability rights movements by contextualizing the process in which the…
Abstract
Purpose: The purpose of this chapter is to scrutinize the apparent alliance between international and local disability rights movements by contextualizing the process in which the disability rights model is being diffused globally. It seeks to critically examine the transplantation and promotion of the international disability rights movement's rights-based model in China.
Approach: This chapter draws from 18 in-depth interviews with local and international disability rights activists through multisite ethnographic fieldwork in China in 2019.
Findings: This chapter finds that despite opening up spaces for resistance and emancipation locally, the international disability rights movement nevertheless constitutes what I call an enclave of rights that insulates the international rights model from the political, social, and economic realities on the ground. In the case of China, the authoritarian politics that define the relationship between the state and civil society, as well as the economic vulnerability of people with disabilities in the post-socialist market economy, limit, if not invalidate, the rights model espoused by the international disability rights movement.
Implications: The findings of this chapter challenge and complicate the current scholarship of the transnational disability rights movement beyond its normative claims of emancipation. They also explore potential spaces and direction for building a new transnational alliance that takes into account the local experience of disability in a rapidly globalized world.
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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…
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.
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