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Journal articles 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

Wicaksono, Imam. "Access to justice for people with disabilities in employment." Jurnal Hukum Volkgeist 4, no. 1 (2019): 9–16. http://dx.doi.org/10.35326/volkgeist.v4i1.402.

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Access to Justice for people with disabilities is a term used to describe the legal protection given to persons with disabilities in their efforts to meet their needs from things that can endanger persons with disabilities themselves.The right to obtain employment including for workers with disabilities is regulated in the Indonesian state constitution. Therefore, these rights are protected and guaranteed by law, so companies that employ persons with disabilities in particular must protect the rights of persons with disabilities.The method used in this study is this research is a type of norma

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2

Nurhayati, Siti. "Kesetaraan Di Muka Hukum Bagi Penyandang Disabilitas (Analisis Putusan Nomor 28/Pid.B/Pn.Skh/2013)." Realita : Jurnal Penelitian dan Kebudayaan Islam 14, no. 1 (2022): 94–110. http://dx.doi.org/10.30762/realita.v14i1.237.

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The right on the same position on the law means that every citizens including disabilities persons have the same change to use their rights regulated by the institution. Indonesia government has signed Convention on the Rights of Persons with Disabilities in March 30, 2007 in New York. That even shows the strong intention of Indonesia country to respect, save, fulfill, and develop the disabilities personsâ€™ right to fulfill the welfare of the disabilities persons. There is a case happened in Sukaharjo in the decision No. 18/Pid.B/PN.SKH/2013 about a crime defeated the disabilities person. Thi

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3

Yasin, Noer. "Implementasi Kebijakan Pemenuhan Hak Beragama Penyandang Disabilitas oleh Negara Perspektif Maqashid Syariah." De Jure: Jurnal Hukum dan Syar'iah 13, no. 2 (2021): 170–83. http://dx.doi.org/10.18860/j-fsh.v13i2.14462.

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Abstract: The fulfillment of the rights of persons with disabilities is a public concern. Various regulations have been issued to guarantee the rights of persons with disabilities. One of them is the right to have a body in the public space. However, the implementation of these regulations has not run optimally. This article aims to analyze the implementation of the policy on the religious rights of persons with disabilities and the factors that hinder its fulfillment. In addition, this article also describes what solution steps need to be taken in order to provide legal protection for the ful

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4

Mariska, Refi, Dine Mega Aulia, and Fajar Indra Septiana. "The Urgency of Disability Service Units in Higher Education as an Effort to Realize Inclusive Access to Higher Education." Proceeding of International Conference on Special Education in South East Asia Region 3, no. 1 (2024): 520–25. http://dx.doi.org/10.57142/picsar.v3i1.472.

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This research is based on the gap between theory, regulation and implementation of the fulfillment of rights for students with disabilities in higher education based on Law No. 8 of 2016. One of the important issues of rights fulfillment in the Law is the right to education in higher education. Explicitly, the law mentions several obligations of universities, public and private, to play an active role in fulfilling and promoting the rights of persons with disabilities. In this literature study, we aim to study in depth the implementation of each policy and advocacy for the rights of students w

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5

Tamba, Jefri. "A Juridical Study toward Indonesian Disabilities Right for Public Services Accessibility according to Law No. 8 Year 2016." IJDS Indonesian Journal of Disability Studies 4, no. 1 (2017): 63–68. http://dx.doi.org/10.21776/ub.ijds.2017.4.1.9.

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In this study, the author is very attentive to law for disability. In 2016, the Indonesian government has been launched a recovering law for persons with disabilities, namely Law No. 8 Year 2016. Differ with the previous law, Law No. 4 Year 1997 which still less contains the rights of persons with disabilities, especially on the things of public services accessibility. Hence, regarding to the normative analysis toward Law No. 8 Year 2016 which is used in this study. It found that the Indonesian government is already loaded the persons with disabilities right on public services accessibility. T

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Suphia, Suphia, and Tioma R. Hariandja. "Upaya Perlindungan dan Pemenuhan Hak Penyandang Disabilitas di Kabupaten Jember." JURNAL RECHTENS 10, no. 1 (2021): 91–108. http://dx.doi.org/10.36835/rechtens.v10i1.1022.

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Abstrak Peraturan tentang penyandang disabilitas telah dimulai dengan diratifikasinya Convention On The Rights Of Person With Disabilities (Konvensi Mengenai Hak-Hak Penyandang Disabilitas) melalui Undang-Undang Nomor 19 Tahun 2011 Tentang Pengesahan Konvensi. Kemudian dilanjutkan pada Tahun 2016 dengan diterbitkannya Undang-Undang Nomer 8 Tahun 2016 Tentang Penyandang Disabilitas dan kemudian diakomodir oleh Pemerintah Daerah Kabupaten Jember melalui Peraturan Daerah Nomor 7 Tahun 2016 Tentang Perlindungan dan Pemenuhan Hak Penyandang Disabilitas. Keseluruhan peraturan tersebut sudah sinergi

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7

Rizka, Rizka, and Anindia Fadhilah. "One Form of Protection for Persons with Mental Disabilities: An Exploration Study of Indonesian Legislations on the Protection of Inheritance Rights of Persons with Mental Disabilities." Society 10, no. 1 (2022): 220–28. http://dx.doi.org/10.33019/society.v10i1.411.

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Indonesia ratified the Convention on the Rights of Persons with Disabilities (CRPD) and enacted Laws that provide for the right to justice and legal protection for persons with mental disabilities, including the right to own and inherit a legacy. Paradoxically, the same laws legalize actions that undermine their rights. This study examines the legal protection accorded to persons with mental/intellectual disabilities over their inheritance rights as per the Indonesian three-pronged inheritance laws comprising Islamic law, adat law and the civil code. This research is descriptive, using a norma

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8

Nnawykezi, Uche A., and Bosede Remilekun Adeuti. "Disability’s rights to health: an obligation triggered by corona virus pandemic." Age of Human Rights Journal, no. 17 (December 17, 2021): 363–84. http://dx.doi.org/10.17561/tahrj.v17.6303.

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This paper examines the right to health and disabilities rights in the wake of Corona virus pandemic. The objective of this paper is to examine the applicable legal and policy frameworks on the rights of persons with disabilities and how it has adequately protected such persons in the face of Corona virus pandemic. The study adopts analytical, qualitative approach and builds its argument on existing literatures. The paper recommends the existing laws and policies on disability’s rights to health be enforced by relevant agencies, whilst Article 25 of the Convention on the Rights of Persons with

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9

Nazifah, Nazifah, Dewa Gede Sudika Mangku, and Ni Putu Rai Yuliartini. "Fulfillment of Labor Rights for Persons with Disabilities in Indonesia." International Journal of Criminology and Sociology 10 (December 31, 2020): 272–80. http://dx.doi.org/10.6000/1929-4409.2021.10.33.

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The purpose of this research is to fulfill the rights of persons with disabilities to obtain jobs following their fields without reducing their rights. The research method used is normative juridical with literature study. Decent work is a right for every human being without exception. Various racial, ethnic, and religious backgrounds that are part of a human's identity do not become a barrier for him to get his right. Likewise with the physical or non-physical conditions that underlie a human being. Every human being who has a certain physical or non-physical background also has the same righ

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10

Seatzu, Francesco. "The Convention on the Rights of Persons with Disabilities and International Human Rights Law." International Human Rights Law Review 7, no. 1 (2018): 82–102. http://dx.doi.org/10.1163/22131035-00701004.

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This article argues that it is not possible to interpret or apply the International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (Convention on the Rights of Persons with Disabilities or CRPD) and its related Optional Protocol to the Convention on the Rights of Persons with Disabilities without drawing on the texts of other human rights treaties and the related jurisprudence of their judicial or quasi-judicial supervisory bodies. Conversely, it is not possible to supervise the implementation of other human rights treaties, where persons with

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11

S., Laurensius Arliman, Elfrida Ratnawati, and Aida Abdul Razak. "Legal Guarantees for Persons with Disabilities to Secure Decent Work: A Human Rights Perspective from Indonesia." Jurnal Wawasan Yuridika 8, no. 2 (2024): 94–112. https://doi.org/10.25072/jwy.v8i2.4463.

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Employment rights for people with disabilities are often neglected due to the lack of respect for equality before the law and respect for human rights. This study aims to examine: (1) the position and role of national and international law in regulating the right to work for people with disabilities; and (2) the implementation of regulations regarding the right to work for people with disabilities in Indonesia from a human rights perspective. Using normative legal research. The results of the study indicate that the international legal framework, especially the Convention on the Rights of Pers

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Santosa, Satria Aji. "The Right to Education in the Convention on the Rights of Persons with Disabilities: How is it Implemented in Indonesia?" Uti Possidetis: Journal of International Law 5, no. 3 (2024): 548–68. http://dx.doi.org/10.22437/up.v5i3.20011.

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This paper analyses the rights to education for persons with disabilities in Indonesia according to the existing national law and the Convention on the Rights of Persons With Disabilities. It is found that the persons with disabilities are still experiencing ambiguity when it comes to the implementation of their rights to education in Indonesia. This paper concludes that the form of protection of the rights for persons with disabilities to obtain education in Indonesia has not met the criteria set by the Convention on the Rights of Persons With Disabilities because there are still differences

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13

Oyugi, Phoebe. "The Implementation of Article 12 of the Convention on the Rights of People with Disabilities in Kenya." Kabarak Journal of Law and Ethics 3, no. 1 (2021): 21–36. http://dx.doi.org/10.58216/kjle.v3i1.153.

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Equality and non-discrimination before the law are fundamental human rights principles enshrined in both international and regional human rights instruments. However, earlier human rights instruments did not expressly protect persons with disabilities from discrimination and, therefore, they were regarded as objects of charity, rather than subjects of human rights. Through the years, the law has developed to provide better protection for persons with disabilities, culminating in the ratification of the Convention on the Rights of People with Disabilities (CRPD). Article 12 of the CRPD provides

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14

Satoto, Sukamto, Hartati Hartati, and Nazifah Nazifah. "Formulation of Legal Protection for Persons with Disabilities in The Civil Service Recruitment System in The Perspective of Human Rights." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 6, no. 2 (2021): 319. http://dx.doi.org/10.17977/um019v6i2p319-324.

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This research aimed to fulfill the rights of persons with disabilities to get jobs according to their fields without reducing their rights. One of them was the recruitment of civil servant candidates. The research method used was normative juridical with literature study. Decent work is a right for every human being without exception. Various racial, ethnic, and religious backgrounds that are part of human identity do not prevent him from getting his rights, likewise with the physical or non-physical conditions that underlie a human being. Every human being who has a certain physical or non-ph

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15

Çalı, Başak, and Alexandre Skander Galand. "A Tale of Disregard? Reception of the Jurisprudence of the United Nations Committee on the Rights of Persons with Disabilities before the European Court of Human Rights." Human Rights Quarterly 47, no. 3 (2025): 394–425. https://doi.org/10.1353/hrq.2025.a965925.

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ABSTRACT: The Convention on the Rights of Persons Disabilities (CRPD) was hailed as a transformative human rights treaty when it came into force in 2008. The CRPD not only promises the remediation of the under-protection of the rights of persons with disabilities in international human rights law, but it also aims to transform the deep and structural inequalities underpinning the governance of disability through law and policy. The Committee on the Rights of Persons with Disabilities (CRPD Committee) has adopted and extended this transformative ethos in its jurisprudence. In this article, we e

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Caballero-Pérez, Adriana. "Voting Rights and Disability: Legal Challenges for Colombia." Jurídicas 20, no. 2 (2023): 33–53. http://dx.doi.org/10.17151/jurid.2023.20.2.3.

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This article contains a legal interpretation of relevant international human rights law provisions relating to voting rights of persons with disabilities. The focus is on a comprehensive interpretation of Article 29(a) of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which provides for the right to political participation for persons with disabilities. This interpretation is based on the application of the rules of the Vienna Convention on the Law of Treaties (Articles 31 and 32). The overall aim of this article is to identify and analyse the legal obligation

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17

Aliyah, Siti. "Implementation of Law Number 8 of 2016 Regarding Legal Protection and Fulfillment of the Rights of Persons with Disabilities in Indonesia." JISIP (Jurnal Ilmu Sosial dan Pendidikan) 8, no. 3 (2024): 2062. http://dx.doi.org/10.58258/jisip.v8i3.7226.

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sensory limitations who, in interacting with their surrounding environment, still experience obstacles and difficulties in participating fully and actively in society. Apart from having limitations in physical aspects, intellectual limitations, mental limitations, the definition is often also added, namely those who have difficulty participating fully and effectively with other communities. The problem in this research is how is the implementation of Law No. 8 of 2016 regarding the legal protection of persons with disabilities in Indonesia? How is the implementation of Law No. 8 of 2016 toward

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18

Tindo’o, Mirnawati. "Responsibilities of Regional Heads in Fulfilling Disability Rights." QISTINA: Jurnal Multidisiplin Indonesia 3, no. 2 (2024): 1377–89. https://doi.org/10.57235/qistina.v3i2.4172.

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Persons with disabilities are people who have experienced physical, intellectual, mental or sensory limitations for a long time and may have difficulty interacting with their environment and participating fully and effectively with other citizens. Law Number 8 of 2016 concerning Persons with Disabilities requires the government and society to provide guidance on efforts to improve the social welfare of persons with disabilities. The aim is to protect and realize the rights of persons with disabilities to carry out respect, promotion, protection and fulfillment of rights to fully respect human

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19

Sudiatmaka, Ketut, Ratna Artha Windari, Made Sugi Hartono, and I. Gusti Ayu Apsari Hadi. "LEGAL PROTECTION AND THE EMPOWERMENT OF THE DISABLED COMMUNITY IN BULELENG REGENCY." Ganesha Law Review 2, no. 1 (2020): 1–16. http://dx.doi.org/10.23887/glr.v2i1.112.

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   This study aims to find out about the protection and empowerment of people with disabilities in Buleleng Regency. In Buleleng regency, either government or private buldings including their public places are not built with fully provided accessibility for persons with disabilities. Furthermore, the persons with disabilities still having trouble to obtain their rights due to social and cultural factors, economic factors, weak policies and law enforcement in favor of disabled and also there is no legal umbrella that clearly regulates the protection and empowerment of persons

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20

Simanjuntak, Jeremia. "Policy on Fulfilling the Rights of Persons with Disabilities in Indonesia: Quo Vadis?" IJDS: Indonesian Journal of Disability Studies 8, no. 01 (2021): 211–77. http://dx.doi.org/10.21776/ub.ijds.2021.008.01.16.

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The Law on persons with disabilities is an aspiration and hope in achieving equality, equal rights and opportunities for persons with disabilities in Indonesia. The implementation of this law is currently not well implemented and has not succeeded in creating equality, equal rights and opportunities for persons with disabilities in their social life. Persons with disabilities still experience various difficulties in their social life and their rights are often neglected. The method used in writing this article is a qualitative method with a descriptive approach. The data collection technique i

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Saeed Abu Fara and Mohammed Z. Jaradat. "Palestinian Legislation Governing the Rights of Persons with Disabilities In light of International Conventions "Legislative Alignments"." مجلة جامعة فلسطين الأهلية للبحوث والدراسات 1, no. 1 (2022): 59–92. http://dx.doi.org/10.59994/pau.2022.1.59.

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The principle of equality is fundamental in the democratic state and the rule of Law. According to this principle, the state takes care of all categories of human society, especially persons with disabilities. As a result, the national Legislation regulates the rights of persons with disabilities in parallel with international Legislation; the state will get a prominent position in the international community. The International Convention on the Rights of Persons with Disabilities of 2006 was the first comprehensive and general regulation of the rights of persons with disabilities. This is the

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Anggraini, Nastitie Kusuma, and Heru Susetyo. "Fulfillment of the Constitutional Rights of Persons with Disabilities to Employment Opportunities in the Banking Industry of State-Owned Enterprises." Journal of Law, Politic and Humanities 4, no. 6 (2024): 2119–32. https://doi.org/10.38035/jlph.v4i6.604.

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Employment is one of many important aspect in the area of human rights protection. Indonesia’s citizens have the right to work and a decent livelihood, including people with disabilities. As one of the efforts to enhance opportunities to improve the welfare of persons with disabilities, Indonesian Law Number 8 of 2016 on Persons with Disabilities was formulated, which contains various arrangements regarding the rights of persons with disabilities and the State’s obligations to fulfill those rights. This study aimed to provide an overview of these regulation’s fulfillment, especially that relat

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Nurmala, Leni Dwi, and Rustam Hs Akili. "Legal Protection of Persons with Disabilities as a Management of Guarantee on Human Rights." Musamus Law Review 5, no. 1 (2022): 50–60. http://dx.doi.org/10.35724/mularev.v5i1.4217.

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Human rights are universal and fundamental to all human beings. Human rights are rights that are inherent in the human person since birth that are used to maintain their dignity and human values. These rights must be believed to be gifts or gifts from God Almighty which no one has the right to rob, remove or revoke these rights. In Indonesia, with a very high population, the existence of persons with disabilities cannot be denied. Disability can occur due to health problems that arise from birth, chronic or acute illnesses, and injuries that can be caused by accidents, wars, riots, disasters,

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Pryimachenko, Dmytro, Vladyslav Lipynskyi, Anna Maslova, Svitlana Voloshina, and Olena Varhuliak. "Accessibility of facilities and services for people with disabilities in the paradigm of law." Revista Amazonia Investiga 10, no. 44 (2021): 188–97. http://dx.doi.org/10.34069/ai/2021.44.08.18.

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The authors of the article touch on the major topic of ensuring access of persons with disabilities to facilities and services, which is an indicator of guaranteeing the rights and freedoms of such citizens and ultimately determines the quality of life of such people. The article analyzes the current Ukrainian legislation, as well as international legal acts governing relations regarding access of persons with disabilities to the general infrastructure. The methodology of the article includes methods of analysis, synthesis, formal-legal and comparative-legal methods. The essence of the right o

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Mangku, Dewa Gede Sudika, Ni Putu Rai Yuliartini, and I. Wayan Lasmawan. "Legal Protection for People with Disabilities in Indonesia in the Perspective of Justice Theory." Unnes Law Journal 8, no. 2 (2022): 245–62. http://dx.doi.org/10.15294/ulj.v8i2.52406.

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Respect, protection and fulfillment of the rights of persons with disabilities are the obligations of the state. This is also confirmed in Law Number 39 of 1999 concerning Human Rights, so that society has the responsibility to respect the rights of Persons with Disabilities. During this time, Persons with Disabilities have experienced a lot of discrimination which results in not fulfilling the implementation of the rights of persons with disabilities. The passing of Law Number 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons with Disabilities on November 10, 2

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Smith, Matthew S., Md Rejaul Karim Siddiquee, Michael Ashley Stein, and Janet E. Lord. "Mobilizing Disabled Peoples’ Organizations to Implement Bangladesh’s Disability Law." Journal of Human Rights Practice 13, no. 2 (2021): 433–45. http://dx.doi.org/10.1093/jhuman/huab034.

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Abstract Six years after ratifying the UN Convention on the Rights of Persons with Disabilities, Bangladesh enacted the Rights and Protection of Persons with Disabilities Act, 2013, which recognized enforceable rights for Bangladeshis with disabilities for the first time and created a novel complaints procedure for seeking remedies outside of court. Yet little had been done to raise awareness of the Rights and Protection of Persons with Disabilities Act’s rights or its novel procedure, until a collaboration between BlueLaw International, an inclusive development firm, and three Bangladeshi org

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Purwinarto, Dona Putri, Syarifah Faizah, Cindy Pricillia Amanda, et al. "Perlindungan Hukum terhadap Tenaga Kerja Penyandang Disabilitas Fisik dalam Perspektif Hukum Ketenagakerjaan dan UU No.8 Tahun 2016 tentang Penyandang Disabilitas." AHKAM 2, no. 2 (2023): 302–12. http://dx.doi.org/10.58578/ahkam.v2i2.1121.

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People with disabilities also have the same rights as citizens. In fact, there is still a lot of discrimination of the rights of persons with disabilities in working and looking for work. The usefulness of this research is as a reference for development efforts in the field of law, especially in the field of labor regarding the application of legal protection for persons with disabilities. The purpose of this research is to provide knowledge to readers in understanding the importance of the role of society, government, and companies in respecting the rights of persons with disabilities. This r

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Taklima, Musa. "PENYEBAB TIDAK BEKERJANYA HUKUM PEMENUHAN HAK PENYANDANG DISABILITAS PADA LAYANAN TRANSPORTASI DI JAWA TIMUR PERSPEKTIF PERLINDUNGAN KONSUMEN DAN MAQASHID SYARIAH." JURISDICTIE 10, no. 1 (2019): 33. http://dx.doi.org/10.18860/j.v10i1.5830.

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<p><em>This study aims to describe first, the main factors causing the inability of the law to fulfill transportation accessibility rights for persons with disabilities in East Java, secondly, the legal review of consumer protection and maqashid sharia against non-fulfillment of transportation accessibility rights for persons with disabilities, third, legal solutions to compliance transportation accessibility rights of persons with disabilities in East Java. The research method used is empirical research with a sociological juridical approach that is related to the effectiveness of

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Muchtar, Masrudi, Utomo, Latifa Suhada Nisa, Dewi Siska, and Maliani. "Evaluasi Penerimaan CPNS bagi Penyandang Disabilitas di Pemerintah Provinsi Kalimantan Selatan." Jurnal Kebijakan Pembangunan 15, no. 2 (2020): 203–17. http://dx.doi.org/10.47441/jkp.v15i2.136.

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The recruitment of civil servant for persons with disabilities by the Provincial Government of South Kalimantan is one of the manifestations of Law No. 8 of 2016 concerning Persons with Disabilities. The law changes the paradigm that makes persons with disabilities as dignified humans who have the same rights as other citizens, including the right to decent work. Affirmation policies have been given to persons with disabilities, but in practice, there are still people with disabilities who feel discriminated against. This condition needs to be evaluated. The purpose of this study is to describ

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Nasution, Nurul Fitria, and Muhammad Arsad Nasution. "Hak Politik Penyandang Disabilitas di Angkola Selatan." Jurnal El-Thawalib 2, no. 6 (2021): 708–21. http://dx.doi.org/10.24952/el-thawalib.v2i6.4790.

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Persons with disabilities are any person who experiences physical, intellectual, mental, and/or sensory limitations in the long term who in interacting with the environment can experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights. This equality of rights includes the right to participate in politics as an example of political rights for persons with disabilities, namely to participate in general elections. Based on Article 13 of Law No. 8 of 2016 states that one of the political rights for persons with disabilities is the right to

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Sharma, Sachin. "Rights of Persons with Disabilities and Responsiveness of Law." Scholars International Journal of Law, Crime and Justice 5, no. 6 (2022): 197–201. http://dx.doi.org/10.36348/sijlcj.2022.v05i06.003.

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Persons with disabilities are important part of human diversity. With increase in population there come various challenges in before disabled people. Their conditions in respect of dignified living are continue to be complicated. Though after constitution of United Nations Convention for the Rights of Persons with Disabilities (UNCRPD), there come significant changes in respect to the rights of disabled people. This paper tries discussing contemporary laws and its responsiveness towards people with disabilities. It is also dealing with constitutional commitments towards persons with disabiliti

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Taupiqqurrahman, Taupiqqurrahman. "Advocating for Disability Voting Rights in Framework Ius Constituendum." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 1 (2024): 909. http://dx.doi.org/10.31941/pj.v23i1.3767.

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Protecting and guaranteeing the rights of every citizen is the obligation of the state, but in fact there are still acts of discrimination in the rights of citizens experienced by persons with disabilities. One form of discrimination carried out is related to political rights by setting physical health requirements for prospective members of the DPR, provincial DPRD, and district/city DPRD. Although there is no definite limit to measure the level of physical health. In addition, the electoral law contradicts the law on persons with disabilities which states that persons with disabilities have

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Zahra Alsabilah and Dr. Hery Firmansyah, S.H., M.Hum., MPA. "Legal Protection for Persons with Disabilities Who Become Victims of Sexual Violence." Journal of Law, Politic and Humanities 5, no. 2 (2024): 724–29. https://doi.org/10.38035/jlph.v5i2.1019.

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As a human rights violation, sexual violence against persons with disabilities requires special attention from the Indonesian legal system. People with disabilities are more vulnerable to sexual violence, yet they are often overlooked in legal proceedings. This article discusses legal protection for persons with disabilities who become victims of sexual violence and the difficulties faced in enforcing their rights. This research analyzes Law No. 8 of 2016 on Persons with Disabilities and Law No. 12 of 2022 on Sexual Violence Crimes through a normative juridical approach. The results show that

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Thuo, Luciana. "Implementation of Political Participation Standards for Persons with Intellectual Disabilities in Kenya." Strathmore Law Journal 2, no. 1 (2016): 97–131. http://dx.doi.org/10.52907/slj.v2i1.17.

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This paper reviews international standards on political participation by persons with intellectual disabilities and how they are implemented in Kenya. On one hand, Article 25 of the International Covenant on Civil and Political Rights(ICCPR) allows limitation of rights based on ‘reasonable and objective’ criteria. Whereas it is considered unreasonable to restrict participation rights of persons with physical disabilities, General Comment 25 to the ICCPR permits restrictions based on ‘established mental incapacity’. On the other hand, the Convention on the Rights of Persons with Disabilities (C

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Ahmad Muhammad Abdullah, Fatimah, and Arif Ali Arif. "Social And Political Rights of Persons With Disabilities In Islamic Law." International Journal of Fiqh and Usul al-Fiqh Studies 4, no. 1 (2020): 84–97. https://doi.org/10.31436/ijfus.v4i1.179.

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This research aims at identifying social and political rights of the disabled, especially, with the consideration of increasing number of disabled and ignorance of some people in the society about their rights and needs, which causes them to face negligence and hardship and leads them to isolation, which is rejected by Islam. The inductive method is used in this research to find the evidences in jurisprudential and social references on the concern of Islamic Sharīʿah about the issue, as well as the analytical approach, by analyzing the texts of Islamic rules through the extrapolation of their

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Warsono, Warsono, and Mashari Mashari. "The Concept of State Responsibility in Fulfilling the Rights of Persons with Disabilities in the Manpower Sector in Indonesia." International Journal of Criminology and Sociology 10 (July 14, 2021): 1163–71. http://dx.doi.org/10.6000/1929-4409.2021.10.135.

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This study aims to analyze the implementation of state responsibilities in fulfilling the rights of persons with disabilities in the field of employment in Indonesia and the supporting and inhibiting factors of the state in fulfilling the rights of persons with disabilities in the field of employment. The method used in this research is normative legal research, with legal studies using legal systematics, research that will synchronize regulations, and make comparisons with applicable laws and use legal history. The study results found that the state fulfills the rights of persons with disabil

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Ferri, Delia. "The Unorthodox Relationship between the EU Charter of Fundamental Rights, the UN Convention on the Rights of Persons with Disabilities and Secondary Rights in the Court of Justice Case Law on Disability Discrimination." European Constitutional Law Review 16, no. 2 (2020): 275–305. http://dx.doi.org/10.1017/s1574019620000164.

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Court of Justice – Discrimination on the basis of disability – Article 21 and 26 of the Charter of Fundamental Rights – UN Convention on the Rights of Persons with Disabilities – Employment Equality Directive – Relationship between different sources of law protecting the right of persons with disabilities – Charter as interpretative aid – Charter as a parameter of validity – Scope of application of the Charter – Constitutionalisation of the UN Convention

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Radivojevic, Zoran, and Nebojsa Raicevic. "International protection of persons with mental disabilities." Temida 10, no. 3 (2007): 11–24. http://dx.doi.org/10.2298/tem0703011r.

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In International law, the status of persons with mental disabilities is regulated within the framework on the protection of persons with disabilities. Their rights are protected not only by international treaties comprising legal provisions of binding character for the parties but also by means of the so-called "soft law" comprising international documents which are not legally binding. Most of the general and subject specific treaties on human rights do not explicitly deal with the status of persons with disabilities. Only recently have some treaties been made containing legal provisions on s

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Made, Ni, Ibrahim R, Ni Ketut Supasti Dharmawan, Anak Agung Istri Agung Ari Atu Dewi, and Anak Agung Istri Agung Ari Atu Dewi. "Protection of Tourism Rights for Persons with Disabilities." International Journal of Educational Research & Social Sciences 4, no. 4 (2023): 657–62. http://dx.doi.org/10.51601/ijersc.v4i4.684.

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People with disabilities in Indonesia still experience difficulties in benefiting from the facilities at tourist attractions. The matter is not only related to tourist attractions but most of the supporting facilities for the implementation of tourism activities such as hotels, tour packages and adequate means of transportation are also difficult to find for persons with disabilities to support tourism activities. Motivated by these matters, there are two issues examined in the study: (1) how is the protection of persons with disabilities legally regulated in Indonesia? (2) How is the fulfillm

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Puan Dinda Aisyah, Maria Maya Lestari, and Ledy Diana. "Penerapan Pasal 27 Convention On The Rights Of Persons With Disabilities 2006 Dalam Undang-Undang Nomor 8 Tahun 2016 Tentang Penyandang Disabilitas." Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 1, no. 3 (2024): 167–75. http://dx.doi.org/10.62383/aktivisme.v1i3.340.

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Article 27 letters (g) and (h) of the 2006 Convention on the Rights of Persons with Disabilities regulates that state parties must employ persons with disabilities in the government sector and promote employment for persons with disabilities in the private sector through appropriate policies and measures which may include concrete action programs, incentives and other steps. Based on data from the Ministry of Manpower in 2021 and 2022, less than 1% of people with disabilities can work in the public and private sectors. The main problems in this research are: How is Article 27 of the Convention

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Ega Anzani, Rakhmat Saleh, and Yunizir. "Fulfillment Of The Right To Mental Disability In Elections At Ogan Komering ULU District." Neo Journal of economy and social humanities 2, no. 3 (2023): 194–203. http://dx.doi.org/10.56403/nejesh.v2i3.111.

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The right to vote is an inherent human right, universally recognized and protected by international law. It is essential to ensure that every eligible citizen is given equal rights and opportunities to participate in the democratic process by casting their vote without exception. Because the non-involvement of persons with disabilities takes away from the true meaning of democracy, they must be involved in the democratic process. If the political rights of a person or group are not fulfilled, the election may be questioned. To guarantee fair elections, persons with disabilities must be equally

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Waddington, Lisa. "EU Criminal Law and Persons with Disabilities: Reflections on “Vulnerability” and the Influence of the CRPD." AJIL Unbound 116 (2022): 84–89. http://dx.doi.org/10.1017/aju.2022.7.

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This essay examines how EU criminal law, which regulates certain aspects of criminal procedural law of the twenty-seven EU member states, addresses the situation of persons with disabilities who come into contact with the criminal justice system. EU law on victims and on suspects and accused persons (partially) addresses disability through the prism of “vulnerability.” This essay argues that associating persons with disabilities with “vulnerability” can be stigmatizing. Moreover, the Convention on the Rights of Persons with Disabilities (CRPD), which requires that persons with disabilities hav

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Smith, Matthew S., and Michael Ashley Stein. "Connecting the Right of Collective Legal Capacity by Indigenous Peoples with the Right of Individual Legal Capacity by Persons with Disabilities." International Human Rights Law Review 9, no. 2 (2020): 147–83. http://dx.doi.org/10.1163/22131035-00902007.

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Abstract This Article explores the juridical implications of indigenous peoples’ right to legal capacity in the Inter-American system for cases involving the same right of persons with disabilities within that system and beyond. It explicates the Inter-American Court of Human Rights’ (IACtHR) three-factor test in Saramaka People v Suriname and analogizes its reasoning with rationales underpinning the right to legal capacity under the United Nations Convention on the Rights of Persons with Disabilities (crpd). It then demonstrates how the IACtHR can apply a Saramaka-style test to future cases b

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Munir, Muhammad. "Hak Pekerja Peyandang Disabilitas Di Jawa Timur Perspektif Maslahah Mursalah." Jurnal Istiqro 6, no. 1 (2020): 82. http://dx.doi.org/10.30739/istiqro.v6i1.556.

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Human Rights as basic rights that are inherently inherent in human beings with universal nature, need to be protected, respected, and maintained, so that the protection and human rights of vulnerable groups, especially persons with disabilities. Persons with disabilities also have the same right in employment opportunities to obtain welfare through equal employment opportunities without discrimination. Although the Government has paid attention to the rights of workers with disabilities at work including protection of accessibility, but unfortunately in reality these regulations do not work pr

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Delfina Gusman, Didi Nazmi, and Yunita Syofyan. "Pemenuhan Hak Memperoleh Pekerjaan Bagi Penyandang Disabilitas Berdasarkan Undang-Undang Nomor 8 Tahun 2016 tentang Penyandang Disab." Riau Law Journal 6, no. 2 (2022): 231–45. https://doi.org/10.30652/rlj.6.2.231-245.

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Human Rights (HAM) is a gift from God to his creatur human rights should not be kept away or separated from the personal existence of the individual or human being. Protection of persons with disabilities has 22 (twenty two) rights. This arrangement is regulated through Article 5 Law Number 8 Year 2016 regarding an elaboration of the rights that will be received for individuals with disabilities in carrying out the nature of their lives until they die. Persons with disabilities also have the right to work and get rewarded for their hard work and of course it has been regulated through the writ

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Paikah, Nur. "IMPLEMENTASI UNDANG-UNDANG NOMOR 8 TAHUN 2016 TENTANG PENYANDANG DISABILITAS DALAM PERLINDUNGAN DAN PEMENUHAN HAK PENYANDANGDISABILITAS DI KABUPATEN BONE." Ekspose: Jurnal Penelitian Hukum dan Pendidikan 16, no. 1 (2019): 335. http://dx.doi.org/10.30863/ekspose.v16i1.91.

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The preamble of the 1945 Constitution philosophically and constitutionally, based on the basic philosophy of Pancasila and the 1945 Constitution, every citizen has equal opportunity in terms of employment, accessing public facilities, obtaining life and decent living, including for persons with disabilities. Law No. 8 of 2016 on Persons with Disabilities emphasizes that "Persons with disabilities are part of an Indonesian society with equal standing, rights, obligations, and roles". Article 5 of Law no. 8 of 2016 on Persons with Disabilities that: "Every person with disabilities has equal righ

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GOSTIN, LAWRENCE O. "Beyond Moral Claims: A Human Rights Approach in Mental Health." Cambridge Quarterly of Healthcare Ethics 10, no. 3 (2001): 264–74. http://dx.doi.org/10.1017/s0963180101003061.

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Human rights law is a powerful, but often neglected, tool in advancing the rights and freedoms of persons with mental disabilities. International law may seem marginal or unimportant in developed countries with democratic and constitutional systems of their own. Yet, even democracies often resist reform of mental health law and policy, and domestic courts do not always compel changes necessary for the rights and welfare of persons with mental disabilities. Additionally, human rights are obviously important for countries without democratic and constitutional systems because they may provide the

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Nurvianti, Dewi. "ACCESSIBILITY RIGHTS TO PUBLIC FACILITIES FOR DISABILITIES IN INDONESIA." Tadulako Law Review 2, no. 2 (2017): 221. http://dx.doi.org/10.22487/j25272985.2017.v2.i2.8945.

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The disabilities people in Indonesia, interacting with their environment experienced many obstacles, especially in accessing public facilities. To eliminate all these obstacles, the Government of Indonesia pursues one way of doing so by fulfilling the right to accessibility to public facilities for PwDs. Such fulfillment efforts begin by ratifying the International Convention on Persons with Disabilities that govern the fulfillment of those rights. In addition, the effort taken also to give birth to the national legislation about persons with disabilities namely Law No. 8 of 2016. In the Act i

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Harpur, Paul, and Michael Ashley Stein. "Indigenous Persons with Disabilities and the Convention on the Rights of Persons with Disabilities." International Human Rights Law Review 7, no. 2 (2018): 165–200. http://dx.doi.org/10.1163/22131035-00702002.

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This article analyses how disability human rights protections and processes under the United Nations Convention on the Rights of Persons with Disabilities (crpd) have responded to the heightened vulnerability created when disability intersects with indigeneity. It considers the evolution of international human rights law instruments for indigenous persons with disabilities. It further examines the drafting history of the crpd related to indigenous-specific content and examines the crpd Committee’s engagement with the human rights protections and violations of indigenous persons with disabiliti

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Pathakji, Neha. "A Reflexive Law Approach and Accessibility Rights of Persons with Disabilities to the Virtual World: Seeking the Midas Touch of Corporations." QUT Law Review 15, no. 2 (2015): 140. http://dx.doi.org/10.5204/qutlr.v15i2.578.

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<em>The </em>United Nations Convention on the Rights of Persons with Disabilities<em> undeniably made a paradigm shift in the discourse and construction of ‘disability’. It seeks to recognise the inherent dignity, value and autonomy of persons with disabilities as members of human society and their right to live in the world in an inclusive and participatory manner on an equal basis with others. The right to live in the world encompasses the right to live in the virtual world. This necessitates ensuring accessibility to the Internet. Whereas international human rights law rec

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