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Dissertations / Theses on the topic 'Law on the rights of persons with disabilities'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

Atienza, Rodríguez Manuel. "Human Dignity and Rights of Persons with Disabilities." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123464.

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In this article, the author analyzes the impact of the Kantian concept of human dignity in the UN Convention on the Rights of Persons with Disabilities. Likewise, the author elaborates a critique of the principle which argues that persons with disabilities’ individual autonomy and capacity to make decisions must be respected, regardless of the particular circumstances of the case, and finally proposes an interpretation of this principle based on the principle of equality.<br>En el presente artículo, el autor analiza la incidencia del concepto kantiano d e d ignidad h umana e n l a C onvención

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2

Dennison, David Brian. "The status, rights and treatment of persons with disabilities within customary legal frameworks in Uganda: A study of Mukono District." Doctoral thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27074.

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This thesis addresses the question: How do customary legal frameworks impact the status, rights and treatment of persons with disabilities? It is motivated by two underlying premises. First, customary legal frameworks are highly consequential in Sub-Saharan contexts. Second, human impairments are likely to impact status, rights and treatment in customary legal scenarios. In addition, the reality of deep legal pluralism and an anthropologically versed conception of customary law inform the research design. Customary legal content is rightly discerned by researching its substance and application

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3

Mentor, Nigel M. "Transformative provisions of the Convention on the Rights of Persons with Disabilities : International Labour Organisation conventions and South African law relating to an employee with an acquired disability returning to work." Universityof the Western Cape, 2015. http://hdl.handle.net/11394/5353.

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4

Chilemba, Enoch MacDonnell. "The national implementation of international human rights law pertaining to children with disabilities in selected jurisdictions in Africa." Thesis, University of Western Cape, 2014. http://hdl.handle.net/11394/3775.

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Doctor Legum - LLD<br>This thesis considers two jurisdictions, namely Malawi and South Africa, and attributes the problem to the lack of appropriate national implementation of the applicable human rights law by these states. Consequently, the study is based on the underlying assumption that one of the main ways of addressing this problem is for African states to undertake measures that comply with international standards for ensuring the appropriate national implementation of the applicable international human rights law.

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5

Keeling, Amanda. "'Organising objects' : support for legal capacity in adult safeguarding and Article 12 of the UN Convention on the Rights of Persons with Disabilities." Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/43475/.

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This thesis explores social workers’ practice and understanding of support for the exercise of legal capacity in adult safeguarding. The impetus for this study was the ‘revolution’ of article 12 of the UN Convention on the Rights of Persons with Disabilities, which questioned fundamental and long-held legal positions on the rights of people with mental impairments to make decisions about their lives. This shift is a fundamental one, but there is very little existing empirical evidence of how such a revolutionary change in legal frameworks might actually work in practice, and what the challenge

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6

Byrne, Marion Helen. "Measuring compliance of non-forensic mental health laws with article 12 of the convention on the rights of persons with disabilities." Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/134260/2/Marion_Byrne_Thesis%5B1%5D.pdf.

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This thesis responds to calls for greater clarity regarding the human rights standards that should be met by mental health legislation, and a mechanism by which to measure such standards. The research provides a new and contemporary human rights analysis tool, the Analysis Instrument for Mental Health, and uses the tool to demonstrate compliance of Victorian mental health legislation. The outcomes that can be achieved through use of the tool include identification of compliance with human rights, and law reform required to achieve full recognition of the right to equal recognition before the l

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7

Borea, Rieckhof Costanza. "Disability and human rights." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108818.

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All persons are subjects of law, but not everyone has the “capacity” to fully exercise them. On this basis, people with disabilities have seen their opportunities for development as human beings limited.Why it that people with disabilities have been historically marginalized by the Law? In this article, the author presents a detailed analysis on the subject, including the legal paradigm change that was the adoption of the Convention on the Rights of Persons with Disabilities.<br>Todas las personas somos sujetos de Derecho, perono todos tenemos la “capacidad” para poder ejercerlos plenamente. B

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8

Cortez, Segura José Eduardo. "The Promotion of Access to Employment for Persons with Disabilities." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118684.

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The present article analyses the problems that occur in the contemporary world about the access to employment for persons with disabilities. Thus, beginning with the definition of disability and describing the support that has the Peruvian State to assume a social role, the article advances to describe the main ways of promotion of this kind of employment and the measures implemented in this matter.<br>El presente artículo hace un análisis sobre los problemas que se presentan en el mundo contemporáneo respecto a la promoción de acceso al empleo para personas con discapacidad. Así, partiendo de

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9

Huang, Yi. "The implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in China : understanding and reforming relevant law and legal culture." Thesis, University of Leeds, 2016. http://etheses.whiterose.ac.uk/17102/.

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This thesis is centred on Article 12 of the Convention on the Rights of Persons with Disabilities (the CRPD) - equal recognition before the law - and its implementation at the national level in China. Based on an in-depth understanding of Article 12 and the empirical research conducted in China regarding the relevant Chinese legal culture, this thesis closely examines the challenges concerning the implementation of Article 12 in China and the symbiotic relationship between the implementation of Article 12 in China and the relevant cultural context. It begins by developing a framework to theori

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10

Skowron, Paul. "Mental Capacity law and the justification of actions against a person's expressed wishes." Thesis, University of Manchester, 2018. https://www.research.manchester.ac.uk/portal/en/theses/mental-capacity-law-and-the-justification-of-actions-against-a-persons-expressed-wishes(be90e535-e680-43da-a13d-0abac3fa9c46).html.

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When should it be permissible to act against someone's expressed wishes in their best interests? In both political philosophy and legal practice, answers to this question often appeal to the concept of autonomy. Broadly, the idea is that if a person is sufficiently self-governing, then their wishes must prevail; but if they are not, then their wishes need not be respected when promoting whatever is good for them. This thesis analyses both philosophical models of autonomy and the practice of judges in England and Wales when implementing the Mental Capacity Act 2005. With regard to the philosoph

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11

Marečková, Jana. "Human rights of persons with mental disabilities : international and Czech perspectives /." Saarbrücken : VDM Verlag Dr. Müller, 2008. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=9783639073768.

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12

Dube, Angelo Buhle. "Protection of the rights of persons living with disabilities under the African human rights system." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5441.

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The purpose of this work is to examine the nature or form of disability rights, and whether the African regional human rights system adequately protects them. In other words, the study tries to understand whether the current appalling status of people living with disabilities can be blamed on normative paucity of the African human rights system. The author will therefore comb the African human rights instruments to determine this, and based on the findings, will assess the propriety or otherwise of adopting a disability specific instrument for the continent and recommend accordingly.<br>Thesis

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13

Wiid, Yvette. "The right to social security of persons with disabilities in South Africa." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4774.

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Doctor Legum - LLD<br>In recent years, the rights of persons with disabilities have received substantial attention both in South Africa and internationally. While certain rights have received widespread coverage, other rights have not yet been examined to determine the importance thereof for persons with disabilities and to establish the best way in which these rights can be implemented. A right which has not yet been examined in detail is the right to social protection, as guaranteed by Article 28 of the United Nations Convention on the Rights of Persons with Disabilities. Social protection i

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14

Jere, Victor Makhubalo. "The right to equality in the work place for persons with physical disablities in Malawi : does the Convention on the Rights of Persons with Disabilites offer any hope?" Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8059.

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The study is critically analysing the current legal framework in Malawi in so far as the right to equality and non-discrimination in the work place and the right to work for people with physical disabilities (PWPDs) is concerned. The paper will assess whether Malawi’s legal framework effectively protects the right to equality and non-discrimination in the work place for PWPDs in conformity with international standards. Finally, the paper will, in the event that Malawi’s legal framework does not conform to international standards, offer suggestions on how it can be reformed to comply with inter

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Collingbourne, Tabitha. "Realising disability rights? : implementation of the UN Convention on the Rights of Persons with Disabilities in England : a critical analysis." Thesis, University of Sheffield, 2012. http://etheses.whiterose.ac.uk/3904/.

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This thesis is about understandings, how those understandings shape the law and how the law helps to shape those understandings. Its first premise is that law is not neutral: it is formed and functions within a complex and dynamic socio-political context from which it is inseparable. From that premise, the thesis argues that partial understanding of the context in which the law has been formed may result in mis- or partial understandings, and thus mis- or partial application, of the law itself. The argument is made through political discourse analysis of the UN Convention on the Rights of Pers

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16

Nhancale, Paulo. "Reform of legal protection of persons with disabilities in Mozambique." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18631.

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Mozambique is a least developed country (LDC), and is among the five lowest on the Human Development Index and is known to have no specific protection of people with disabilities (PWDs) with as up to specific legislation has been adopted but g but general laws on social welfare. Although the 2004 Constitution has a generic protection norm nothing much can be found in the whole system. Unfortunately, the 1990 Constitution was more protective and more specifics; the former roughly reduced the extent of protection that existed before. It can be said that Mozambique does not have any protection of

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17

Rivas, Velarde Minerva Concepcion. "The Convention on the Rights of Persons with Disabilities and its implications for the health and wellbeing of indigenous peoples with disabilities." Thesis, The University of Sydney, 2014. http://hdl.handle.net/2123/12271.

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This thesis explores how the expressed health needs of indigenous peoples with disabilities resonate with the mandate of Article 25 ‘Health’ of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The perceptions of indigenous peoples with disabilities are investigated, regarding their access to, and expectations of, health care. Their views are compared to those of health workers, senior bureaucrats and United Nations delegates. A qualitative approach was taken to the research presented in this thesis, framing the research methodology on indigenous enquiry. An exp

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18

Bjoerkan, Maren. "International displacement and state compliance with international human rights standards: the current protection of internally displaced persons' right to physical security in Nigeria." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28030.

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There are approximately 65.3 million forcibly displaced people in the world. A large majority of these people are internally displaced. Of the 40.8 million internally displaced persons' (IDPs) worldwide, Nigeria had a total of 1,955,000 IDPs at the end of 2016. Consequently, Nigeria is among the countries with the highest number of displaced persons globally. A wide range of political, economic, social, and environmental factors, including poverty, corruption, and internal armed conflict, affect the population in Nigeria and contribute to internal instability. Thus, as Nigeria represents a com

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Banda, Natasha. "Protection of the rights of persons living with cognitive disabilities in the context of HIV & AIDS under the African Human Rights system." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/37281.

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The purpose of this paper is to analyse the link between human rights and, HIV and AIDS. It also assesses whether persons who experience inequality, prejudice, marginalisation and limitations in their social, economic and cultural rights are at a greater risk of HIV exposure. The study aims to assess whether persons living with cognitive disabilities have been a marginalised in the international and regional responses to HIV and AIDS, because cognitive disabilities impact on the basic social skills of an individual such as reading, writing, interacting with people and affect the ability o

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20

Bondesson, Andrea. "United Nations convention on the rights of persons with disabilities : Swedish compliance with the requirements of the convention." Thesis, Stockholms universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-120752.

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21

Hawkins, Robert Wayne. "Please Hold: Australia’s Communication Policy Response to the United Nations Convention on the Rights of Persons with Disabilities." Thesis, University of Sydney, 2020. https://hdl.handle.net/2123/24114.

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This thesis evaluates three Australian communications policy areas from a critical disability theory (CDT) framework and identifies the quality of those policies as they speak to people with disability. The research interrogates three case studies to evaluate how the United Nations Convention on the Rights of persons with Disabilities (CRPD) has influenced Australian communications policy. The case studies are: (1) access to the National Relay Service; (2) access to appropriate telecommunications equipment; and (3) access to online audio-visual media. The research reveals that for many Austra

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Sikka, Annuradha. "Trafficking in Persons in Canada: Looking for a "Victim"." Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31786.

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This dissertation looks at the concept of “trafficking in persons” and how it has been created, interpreted and utilized in the international sphere and in Canada. Using the approach of Critical Legal Pluralism (CLP), it examines the legal regulation of trafficking as being created through a bi-directional constitutive process, with paradigmatic conceptions of trafficking having a hand in creating regulation as well as being influenced by it. Through a review of data retrieved using a variety of qualitative methods as well as classic legal analysis, this dissertation explores the operation of

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23

Mycroft, Michaela. "Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?" Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/30876.

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Disability in South Africa is a complex issue to understand and address. Society is structured in such a way that ableism persists, creating ongoing challenges for minority groups such as those living with a disability. In the light of the above, this dissertation examines the right to education for children with disabilities. This dissertation has a narrowed focus, through a desktop study investigating legislation and policies addressing and supporting the right to education in South Africa. If the right to education is effectively addressed, it could lead to improved access to equality, dign

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Kakoullis, Emily Julia. "A shift from welfare to rights : a case study of the ratification process for the convention on the rights of persons with disabilities in Cyprus." Thesis, University of Bristol, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.686638.

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The domestic ratification process that States undergo prior to ratifying UN human rights conventions is an under researched area. In 2006, the UN Convention on the Rights of Persons with Disabilities (CRPD) was adopted. The CRPD is of historic significance as it is the first international human rights law instrument to explicitly set out the human rights of persons with disabilities. It is said to 'crystalise' and clarify a 'paradigm shift', in international human rights law; as historically persons with disabilities were seen as 'objects' to be managed, whereas the CRPD views persons with dis

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Mandipa, Esau. "A critical analysis of the legal and institutional frameworks for the realisation of the rights of persons with disabilities in Zimbabwe." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18613.

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The Zimbabwean society views persons with disabilities (PWDs) ‘as useless liabilities that have no role to play in society.’ The Zimbabwean Government has also forgotten PWDs since they are not mentioned in all the country’s national budgets. This has led to uncountable barriers faced by PWDs in their bid to be included as equal members of the society. Some of the barriers are constant discrimination, sheer poverty, lack of access to mainstream public services and stigma. Hundreds to thousands of PWDs beg for alms in the streets of every town and city. Zimbabwe then has to be reminded that all

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Chilemba, Enoch MacDonnell. "A critical appraisal of the right to primary education of children with disabilities in Malawi." Thesis, University of Pretoria, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7124_1360933073.

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27

Huber, Guilherme Ziegler. "O CONTROLE JURISDICIONAL DE CONVENCIONALIDADE: análise do tratado internacional das pessoas com deficiência em relação à legislação previdenciária brasileira e argentina." Universidade Federal de Santa Maria, 2016. http://repositorio.ufsm.br/handle/1/6405.

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This work has the objective analysis about the treatment of the conventionality control laws in the Brazilian and Argentine legal scenario. As we search problem is to analyze what the hierarchy of international human rights treaties entered into both legal systems and, in result, analyze the existence or not of vertical compatibility and material between the laws governing the retirement of people with disabilities in each of these countries on the International Convention on the Rights of Persons with Disabilities. Regarding methodology, we chose to use the deductive method of approach, based

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Alsaif, Ahmad S. "The rights of disabled persons and discrimination : a comparative study in British, American and Saudi Arabian disability law." Thesis, University of Newcastle Upon Tyne, 2009. http://hdl.handle.net/10443/1047.

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In Saudi Arabia, as in other Arabic countries, disabled people are prevented by exclusion and marginalisation from obtaining their clear rights. In advanced countries, principles of equality and human dignity determine the position whereby disabled rights are a matter for procedures of justice, not merely for charity. Therefore in the West effective antidiscrimination legislation operates to protect the disabled. By reference to Western concepts and practice, this thesis attempts to propose appropriate means according to Islamic principles to establish the rights of disabled persons and to rec

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Murungi, Lucyline Nkatha. "The significance of article 24(2) of the UN Convention on the Rights of Persons with Disabilities for the right to primary education of children with disabilities: a comparative study of Kenya and South Africa." Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8452_1382534032.

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<p>The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and redefined approaches to issues of disability. Fundamentally, the CRPD embodies a paradigm shift in thinking about disability. It embraces the social model of disability, in terms of which disability is a function of the interaction between a person with impairment and his or her environment as opposed to an inherent limitation of functioning. The social model is, in turn, an

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Series, Lucy Victoria. "The Mental Capacity Act 2005 and the institutional domination of people with learning disabilities." Thesis, University of Exeter, 2013. http://hdl.handle.net/10871/9941.

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People with learning disabilities are subject to a wide range of potential interferences with their choices and freedoms when they are 'placed' in institutional care services. The cumulative and pervasive impact of these regimes can be monumentally detrimental to self and wellbeing. Some have suggested that a new law, the Mental Capacity Act 2005, may limit the interferences that people with disabilities are subject to in care services. In this thesis, I subject the Mental Capacity Act to a critique drawn from new republican political theory. I argue that far from limiting the interferences th

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Emong, Paul. "The realisation of human rights for disabled people in higher education in Uganda : a critical analysis drawing on the UN Convention on the Rights of Persons with Disabilities." Thesis, University of Leeds, 2014. http://etheses.whiterose.ac.uk/6863/.

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The UN Convention on the Rights of Persons with Disabilities (the CRPD) guarantees disabled people a right to education without discrimination and on the basis of equal opportunities. Uganda is a State Party to the CRPD. This research, examines the extent to which Uganda is realising a right to education for disabled people in higher education as per the UN human rights law obligations. To that effect, the research through an empirical study, analyses how the current Ugandan disability law implements the UN human rights law obligations in higher education, its effects on policy for disabled pe

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Gondiwe, Sokolani Bongororo John. "The legal protection of people with disabilities in South African Labour Law." Thesis, University of Limopopo (Turfloop Campus), 2010. http://hdl.handle.net/10386/511.

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Oyero, Rofiah Ololade. "An appraisal of the right to dignity of prisoners and detainees with disabilities : a case study of Ghana and Nigeria." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1099.

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"This paper addresses the right to dignity of a group of people with two vulnerabilities i.e. being a disabled person and a prisoner. The concept of dignity applies to prisoners and detainees irrespective of their offences at any given time. This is a right that is ascribed to a person by virtue of one's humanity and not one's circumstances. In Ghana and Nigeria, the rights of able and disabled prisoners are not given serious consideration. This is probably due to the fact that these two countries are still involved in violations of human rights and they are yet to implement most of the provis

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Achan-Okitia, Patricia. "The internal displacement crisis in Africa : implementation of national and international law on the child marriage phenomenon in Uganda." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5276.

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This research focuses on the role that International Human Rights Law, policy and legislation should play in the protection of the rights of internally displaced children against child marriage. This thesis examines international treaties and domestic laws that purport to prohibit the practice of child marriage with particular attention to laws relating to the protection of internally displaced children (IDPs).<br>Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.<br>Dissertation submitted to the Faculty of Law of the University of Pretoria, in

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Casanovas, López Raquel. "El derecho a la participación en la vida cultural de las personas con discapacidad auditiva y/o visual. Estudio de caso de la situación en la Comunidad Autónoma de Aragón." Doctoral thesis, Universitat de Girona, 2019. http://hdl.handle.net/10803/667602.

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The present investigation deals about the participation rights in the cultural life by disabilities hearing and visual people, analyzing a specific case such as that of the Aragon’s Autonomous Community. The study was carried out after a conceptual analysis of the most relevant terms (human rights, cultural rights and disabilities people rights) and after observing as well the most relevant regulations in each field. Based on the Map of Public Cultural Infrastructures of Aragon (MICPA), a selection of various cultural equipment among the cities or capitals of region of more than 100,000 inha

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Iakobishvili, Ekaterine. "Exploring the applicability and limitations of international human rights law to the protection of transgender persons : a case study on detention." Thesis, University of Essex, 2018. http://repository.essex.ac.uk/21964/.

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This thesis explores and analyses the applicability and limitations of human rights law as it applies to transgender persons. As such limitations are most evident in a strictly sex segregated spaces, the thesis proposes a case study on detention to illustrate potential conflict between the binary models of the sexes, gender fluidity and application of international human rights law to those with transgender or non-binary gender identity. For this, the thesis reviews international human rights law sources, queer theory literature and transgender and non-binary gender studies. This research exam

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Zaremba, Barbara Anne. "Comprehension of Miranda rights by 14-18 year old African-American and Caucasian males with and without learning disabilities." W&M ScholarWorks, 1993. https://scholarworks.wm.edu/etd/1539618501.

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According to a nationwide study completed by the National Center for State Courts in 1980, apprehended juveniles are usually notified of their Miranda rights at various times from the point of contact with the police through and including the adjudicatory hearing. If the juvenile desires to relinquish those rights, he/she is required to sign a document attesting to his/her understanding of and wish to waive those rights. This descretionery privilege places the juvenile on the same Constitutional footing as an adult.;The purpose of this study was to examine the comprehension of Miranda rights b

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McNulty, Edward Patrick. "The right of persons with Down syndrome to the celebration of the sacraments of initiation." Theological Research Exchange Network (TREN), 2002. http://www.tren.com.

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Ricketts, Aidan. "Stretching the metaphor : the political rights of the corporate 'person' : a critique of the extension of political rights to business corporations." Thesis, Queensland University of Technology, 2001.

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40

Keyanti, Frederick Kanjo. "The plight of internally displaced persons (IDPs) during armed conflict: the case of Sudan and Somalia." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7839_1257146321.

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<p>The plight of internally displaced persons (IDPs)in Sudan and Somalia constitutes one of the greatest human tragedy of our time since the end of the Cold War. The concept of IDPs is immense and growing. This research paper addressed the plight of IDPs during armed conflict in Sudan and Somalia. This paper also investigated into the existing institutional and legal frameworks for the protection of IDPs during armed conflict and critically highlight some of the weaknesses of these institutions and legal instruments that protect IDPs during armed conflict.</p>

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Laikind, Lawrence A. "The Application of Article 12 of the Convention on the Rights of Persons with Disabilities(CRPD) to decisions of Australian tribunals and court administering guardianship legislation." Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/101500/1/Lawrence_Laikind_Thesis.pdf.

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This thesis examines compliance of decisions by Australian tribunals and courts administering guardianship legislation with the requirement of Article 12 of the Convention on the Rights of Persons with Disabilities that all adults have the right to universal legal capacity. Over 300 publically available guardianship tribunal and court decisions involving residential accommodation were examined from NSW, Queensland and Victoria. The cases reviewed were from the period between Australia’s ratification of the Convention in 2008 and July 2015. There was variable compliance with the Convention acr

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Arenas, Conejo Míriam. "El activismo de las mujeres con discapacidad." Doctoral thesis, Universitat de Barcelona, 2017. http://hdl.handle.net/10803/454895.

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La tesis aborda el tema del activismo de las mujeres con discapacidad en tanto que fenómeno que apenas ha ocupado un lugar en la investigación sociológica, pese a su relación con temas centrales de la disciplina como son: la desigualdad y la exclusión social o el activismo y los movimientos sociales. Desde la sociología de las ausencias y las emergencias se propone el análisis del punto de vista del activismo de las mujeres con discapacidad, como una forma de abrir espacio e incorporar los saberes elaborados desde los movimientos sociales. Por otro lado, desde las aportaciones del feminismo cr

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Porxas, Roig M. Àngels. "El dogma de las capacidades y la racionalidad: un análisis crítico sobre el tratamiento jurídico de las personas diagnosticadas con problemas de salud mental." Doctoral thesis, Universitat de Girona, 2019. http://hdl.handle.net/10803/672193.

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This thesis is an innovative research that exhaustively analyses the legal treatment of persons with a psychiatric diagnosis. The research is divided in three parts corresponding to the three dimensions of Law: sociological, axiological and normative. The main aim of the thesis is to evidence that the category of the psychiatric diagnosis triggers a normative differentiate treatment, which is discriminatory both compared to the rest of the population and to persons with disabilities. The analysis turns around the shift of paradigm represented by the adoption of the social model of disability

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Ní, Ghráinne Bríd Áine. "Challenges in the relationship between the protection of internally displaced persons and international refugee law." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:5535d05d-aa56-477c-8553-33316d297e0d.

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Internally Displaced Persons ('IDPs') outnumber refugees by two to one and often have the same fears, needs and wants as refugees recognised as such under international law. However, refugee status entails international protection, while IDPs are left to the protection of their own state, which may, but by no means necessarily, be the very entity that has forced them to flee in the first place. In recent years, there have been significant developments in the realm of IDP protection. This includes the conclusion of two regional treaties on the protection of IDPs, the development of relevant sof

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Philpott, Susan Carol. "Realising the right of children with disabilities to early childhood development in South Africa." Thesis, University of Western Cape, 2014. http://hdl.handle.net/11394/3363.

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Doctor Legum - LLD<br>This study sets out to establish what is required of the South African government to comply with international human rights treaties and Constitutional obligations with respect to early childhood development (ECD) for children with disabilities. This requires clarification of the nature, scope and content of ECD and conceptual frameworks for child development and childhood disability are therefore presented. Early childhood is defined as the period from birth to four years of age. It is a period (by comparison to any other phase in the life course) of accelerated gr

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Ande, Meseret Kifle. "The right to alternative care of children with disabilities in Ethiopia and South Africa." University of the Western Cape, 2020. http://hdl.handle.net/11394/7651.

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Doctor Legum - LLD<br>The importance of a nurturing environment on early child development and the central role that a family environment plays to this end are widely recognised. However, most children with disabilities lack family life and parental care and often find themselves disproportionately represented in the category of children that need alternative care arrangements. The limited access to family-based alternative care options for children with disabilities deprived of their family environment is the primary concern of this study. Studies have shown excessive dependence on institut

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Weber, Hedda Anne. "Comparison of the legal protection standards of HIV-infected public employees in Canada and the United States." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30334.

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This thesis examines the legal protection of public employees who are HIV-infected or have AIDS in Canada and the United States. Emphasis is placed on the dealing with mandatory HIV-testing schemes in each country. To this end, the first section presents medical facts about the disease itself, the transmission risks, and testing methods as ethical considerations about HIV-testing schemes. The second section addresses the protection standards guaranteed by the Constitution of the United States and compares them to the standards set out by the Canadian Charter of Rights and Freedoms . Finally, t

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Vant, Megan. "In Legal Limbo? The status and rights of detainees from the 2001 war in Afghanistan." The University of Waikato, 2007. http://hdl.handle.net/10289/2448.

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During the 2001 war in Afghanistan hundreds of people associated with the Taliban or al Qaeda were arrested by United States forces and transported to the Naval Base at Guantanamo Bay, Cuba. The legal status and treatment of these detainees has been an ongoing problem over the last five years. The majority have been given no recourse to justice and allegations of inhuman treatment and torture have been frequent. The first issue raised by the incarceration of these people is whether any of them may be entitled to Prisoner of War status. The evidence shows that, in general, the Taliban and al-Qa

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Yu, Ping. "Administrative model v. adjudication model : the impact of administrative detention in the criminal process of the People's Republic of China /." Thesis, online access from Digital Dissertation Consortium access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?3224316.

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Chapdelaine, Feliciati Clara. "The status of the girl child under international law : a semioethic analysis." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:811e3c7a-40a8-4d1f-a790-7842eb1b8d0c.

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This thesis engages in a semioethic analysis of the English text of international human rights treaties to assess whether the provisions as formulated clearly identify the girl child and take into account her unique condition. Its hypothesis is that the terminology employed to define the girl child and phrase her rights is insufficient to ensure her protection. The thesis firstly explores the unique status of the girl child as a female and a child, and the obstacles she faces in exercising her rights as a result of sexism, childism, and interactive intersectional discrimination. It also presen

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