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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: 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: 1 January 2008

Rick Lines

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…

1177

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.

Details

International Journal of Prisoner Health, vol. 4 no. 1
Type: Research Article
ISSN: 1744-9200

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

Article
Publication date: 13 May 2009

David Towell

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.

Details

Tizard Learning Disability Review, vol. 14 no. 2
Type: Research Article
ISSN: 1359-5474

Keywords

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

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

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: 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.

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