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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…

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

Article
Publication date: 16 November 2012

Victoria Butler‐Cole and Rose Grogan

This paper aims to review recent cases in the Court of Protection on the issue of article 8 ECHR right to respect for family life and whether it requires a starting point that it…

149

Abstract

Purpose

This paper aims to review recent cases in the Court of Protection on the issue of article 8 ECHR right to respect for family life and whether it requires a starting point that it is in an incapacitated adult's best interests to be cared from at home. In this context, it examines the role of article 19 UN Convention on the Rights of Persons with Disabilities (UNCRPD) in the article 8 and best interests analysis carried out by the court under s.4 Mental Capacity Act 2005.

Design/methodology/approach

The article examines the recent cases of K v. A Local Authority, FM and GM v. A Health Board and recent cases on the status of the UNCRPD in English Law to explore whether the UK's obligations under that convention require there to be a starting point that incapacitated adults should be cared for at home.

Findings

The Court of Protection has made it clear that talking in terms of presumptions is unhelpful when it comes to the s.4 MCA 2005 checklist. The broad terms of s.4 require that all relevant circumstances are taken into account which would include any potential infringement of article 8 ECHR.

Originality/value

The article identifies an argument that could be used by campaigners and practitioners who advocate for the right for disabled persons to be cared for at home, through an analysis of recent cases. It notes the argument's limitations with respect to incapacitated adults and the application of s.4 Mental Capacity Act 2005.

Details

Social Care and Neurodisability, vol. 3 no. 4
Type: Research Article
ISSN: 2042-0919

Keywords

Book part
Publication date: 8 August 2016

Marcella Turner-Cmuchal and Stuart Aitken

Within today’s information and knowledge society, learners with disabilities and/or special education needs (SEN) are among the groups most likely to encounter barriers to…

Abstract

Within today’s information and knowledge society, learners with disabilities and/or special education needs (SEN) are among the groups most likely to encounter barriers to accessing and using ICT, while at the same time the essential purpose of using ICT in education for learners with disabilities and/or SEN is to promote equity in educational opportunities.

This chapter considers two key issues:

  • Legislation and policy focussing upon rights and entitlements to ICT as an educational equity issue;

  • Access to appropriate ICTs within an accessible and sustainable ICT infrastructure for learners with disabilities and/or SEN.

Legislation and policy focussing upon rights and entitlements to ICT as an educational equity issue;

Access to appropriate ICTs within an accessible and sustainable ICT infrastructure for learners with disabilities and/or SEN.

In the chapter, how international and European level policy impacts upon the use of ICT in inclusive education will be discussed, followed by the presentation of a profile of a fictitious learner with disabilities who uses ICT as a key tool for accessing educational and inclusive learning opportunities. The case study will be used to exemplify the sorts of issues apparent in many different policy and practice situations across Europe.

Based on this discussion, a consideration of the use of ICT in inclusive education as a tool to enable all learners to be empowered in their learning is presented. This discussion leads to the identification of three potential policy levers that should be further exploited in attempts to address the digital divide and ensure all learners benefit from ICT as a tool for accessing inclusive learning opportunities:

  1. Public procurement;

  2. A widespread programme of training for all stakeholders;

  3. School level policies and action plans for ICT.

Public procurement;

A widespread programme of training for all stakeholders;

School level policies and action plans for ICT.

Details

Implementing Inclusive Education: Issues in Bridging the Policy-Practice Gap
Type: Book
ISBN: 978-1-78635-388-7

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: 15 July 2020

Jill Stavert

The purpose of this study is to inform those who are supporting persons who are dying and are responsible for planning, commissioning or delivering palliative care about the need…

342

Abstract

Purpose

The purpose of this study is to inform those who are supporting persons who are dying and are responsible for planning, commissioning or delivering palliative care about the need to support and maximise the decision-making ability and choices of persons with advanced dementia or severe frailty.

Design/methodology/approach

This article will consider the legal and human rights principles applicable to Scotland, and indeed to other jurisdictions, which govern decisions about care and treatment of persons with and without capacity and the application of these principles to palliative care situations.

Findings

It is important that those involved in the care and support of the dying are fully aware of the need to support and maximise their decision-making ability concerning palliative care and treatment choices.

Research limitations/implications

It is a well-established legal and human rights principle that the decisions of a person with capacity must be respected, including decisions about palliative care and treatment at the end of life. Moreover, recent developments in international human rights law reinforce the message that this principle applies equally to all. Applying this principle into persons with advanced dementia or severe frailty therefore requires skilled assessment and supported decision-making in order to optimise capacity and respect autonomy.

Originality/value

The discussion applies the United Nations Convention on the Rights of Persons with Disabilities approach concerning equality of rights enjoyment and supported decision-making to palliative care and treatment situations.

Details

Journal of Integrated Care, vol. 28 no. 4
Type: Research Article
ISSN: 1476-9018

Keywords

Book part
Publication date: 18 January 2021

Joanne Banks

Increasingly, countries around the world are reforming their traditional ‘special educational needs’ funding models, many of which contradict the overarching principles of…

Abstract

Increasingly, countries around the world are reforming their traditional ‘special educational needs’ funding models, many of which contradict the overarching principles of inclusive education as set out in the United Nations Convention on the Rights of Persons with a Disability (UNCRPD). There is growing awareness across countries that the way education systems are financed directly shapes the extent to which schools can be inclusive. Spiralling costs have also influenced governments who have begun calling for ‘cost control’ and greater transparency and accountability in how resources are distributed and monies are spent. In Ireland, calls for a more equitable resource model for students with disabilities in mainstream education resulted in the introduction of a new system of funding which removed the need for diagnosis to receive supports. However, since ratification of the UNCRPD in 2018, Ireland's system of special education is being considered for full reform with the possibility of moving to a system of inclusive education and the removal of special schools and classes. This raises the question: can two separate funding streams, one for general education and one for special education ever exist in an inclusive system? Having one funding model for all students, although the logical choice, is the source of much concern among parents and disability advocates, many of whom fear it will lead to children with disabilities ‘falling through the cracks’ and used by government as a mechanism to reduce spending overall.

Details

Resourcing Inclusive Education
Type: Book
ISBN: 978-1-80043-456-1

Keywords

Article
Publication date: 15 August 2019

Lorraine Leeson

The purpose of this paper is to examine how the Republic of Ireland’s National Emergency Coordinating Group performed with respect to ensuring access to emergency information for…

Abstract

Purpose

The purpose of this paper is to examine how the Republic of Ireland’s National Emergency Coordinating Group performed with respect to ensuring access to emergency information for deaf sign language (SL) users over the course of two emergency situations in 2017 and 2018 as a result of storms. The storms book-ended parliamentary and public debate around the recognition of the indigenous SL of Ireland, Irish Sign Language (ISL). The author explores if/how increased political awareness led to better access in 2018, and how access provision maps to best practice guidelines set out by the World Association of Sign Language Interpreters (WASLI) and the World Federation of the Deaf (WFD).

Design/methodology/approach

This paper provides empirical insights about the asymmetrical effort that is required of a minority linguistic community, in this instance, community of deaf ISL users and their allies, to secure provision of access to emergency information that is provided as a matter of course to the wider community of hearing English language speakers. The author draws on parliamentary records, social media and print media to document the political, societal and deaf community discourse around ISL recognition and the emergencies.

Findings

The author finds that significant effort was required of deaf people and their allies to secure access to national emergency briefings in 2017, with significant improvement evidenced in 2018 for Storm Emma and the Beast from the East, in the aftermath of the adoption of the ISL Act (December 2017). The author drew on the theory of effortful engaging, which posits that unless we have greater awareness of and pro forma consideration of SLs and deaf people, the burden of work required to ensure appropriate access and participation falls on deaf people.

Research limitations/implications

There is scope for completing a 360° analysis of stakeholders engaged in the process. Further work should also include interviews with deaf community members and emergency response coordinators.

Practical implications

This paper identifies implications for emergency coordinating groups: provision of appropriate interpreting must be a pro forma element in the planning for delivery of any emergency information. Broadcasters must be required to ensure that interpreters are visible on screen at all times during live briefings: what is unseen is “unheard” for SL users. Work remains to ensure that deaf people have access to preparatory information in their language, and that they have ease of access to two-way emergency services. Emergency coordinating teams need to integrate the UNCRPD-mapped WASLI-WFD recommendations into their emergency strategy.

Social implications

Communities depend on information for their survival in times of crisis. Communication requires comprehension and interaction. For SL users, information in an indigenous SL is a lifeline in a time of crisis. This requires emergency response teams to understand that “language” is multi-modal and embed strategies for engaging with deaf communities in all aspects of their processes, with guidance from deaf community leaders and advocates. There is also a need to consider deafblind people and deaf people who have disabilities, who are more vulnerable in crisis situations.

Originality/value

This is the first analysis of state provision of access to information for the Irish deaf community in an emergency setting. It is one of very few empirical analyses of how deaf communities fare in emergency contexts and the first to evaluate a state’s practice vis-à-vis UNCRPD-led guidelines on best practice issued by the WASLI/WFD. The socio-political context described represents a unique period where the Irish deaf community and ISL were central to political and media discourse because of the ISL Act and the death of two deaf brothers in tragic circumstances in Autumn 2017.

Details

Disaster Prevention and Management: An International Journal, vol. 29 no. 2
Type: Research Article
ISSN: 0965-3562

Keywords

Abstract

Details

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

Book part
Publication date: 25 October 2014

Amanda Watkins, Serge Ebersold and András Lénárt

All countries need to track the implementation of their educational policies and legislation. The justifications and pressures for mapping such developments are very clear at the…

Abstract

All countries need to track the implementation of their educational policies and legislation. The justifications and pressures for mapping such developments are very clear at the international level, as can be seen in the 2006 United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) call for data collection and monitoring at State level. They are also apparent at the European level, as outlined in the European Council priorities and targets outlined in the education and training ET 2020 strategy. This chapter will focus on the current situation in European Union member countries. It will attempt to identify the issues that must be addressed by systems of data collection at international and national levels in order to monitor learners’ rights to inclusive education.

Details

Measuring Inclusive Education
Type: Book
ISBN: 978-1-78441-146-6

Keywords

Article
Publication date: 5 January 2021

Andrew Martel, Kirsten Day, Mary Ann Jackson and Saumya Kaushik

The COVID-19 pandemic has engendered changes in previously unimaginable timeframes, leading to new ways of working, which can quickly become the “ordinary” way of working. Many…

2491

Abstract

Purpose

The COVID-19 pandemic has engendered changes in previously unimaginable timeframes, leading to new ways of working, which can quickly become the “ordinary” way of working. Many traditional workplace and educational practices and environments, however, are disadvantageous to people with disability and consequently are under-represented in the workforce and higher education.

Design/methodology/approach

Contributing factors include exclusionary societal and employer attitudes and inaccessible built environments including lack of attention to paths of travel, amenities, acoustics, lighting and temperature. Social exclusion resulting from lack of access to meaningful work is also problematic. COVID-19 has accelerated the incidence of working and studying from home, but the home environment of many people with disability may not be suitable in terms of space, privacy, technology access and connection to the wider community.

Findings

However, remote and flexible working arrangements may hold opportunities for enhancing work participation of people with disabilities. Instigating systemic conditions that will empower people with disability to take full advantage of ordinary working trajectories is key. As the current global experiment in modified work and study practices has shown, structural, organisational and design norms need to change. The future of work and study is almost certainly more work and study from home. An expanded understanding of people with disabilities lived experience of the built environment encompassing opportunities for work, study and socialisation from home and the neighbourhood would more closely align with the UNCRPD's emphasis on full citizenship.

Originality/value

This paper examines what is currently missing in the development of a distributed work and study place continuum that includes traditional workplaces and campuses, local neighbourhood hubs and homes.

Details

Archnet-IJAR: International Journal of Architectural Research, vol. 15 no. 1
Type: Research Article
ISSN: 2631-6862

Keywords

1 – 10 of 99