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Journal articles on the topic 'Rights of Persons with Disabilities (CRPD)'
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1
Praniko Imam Sagita and Hendri Abdul Qohar. "IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES ON THE RIGHT TO A FAIR TRIAL FOR PERSONS WITH INTELLECTUAL DISABILITIES." JILPR Journal Indonesia Law and Policy Review 6, no. 1 (2024): 205–15. https://doi.org/10.56371/jirpl.v6i1.359.
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Human rights are rights inherent in every individual as a gift from God Almighty, which must be respected, protected and fulfilled by the state. The Convention on the Rights of Persons with Disabilities (CRPD) is an international treaty that aims to promote, protect and guarantee the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. This research aims to increase awareness and understanding of the rights of persons with intellectual disabilities, particularly in ensuring access to a fair trial in accordance with the principles of the Convention on the Rights of Persons with Disabilities (CRPD). This research uses a normative juridical method by analyzing international and national laws and regulations related to the implementation of the CRPD in ensuring the right to a fair trial for persons with intellectual disabilities. The results showed that although Indonesia has ratified the Convention on the Rights of Persons with Disabilities (CRPD), its implementation in the judiciary is still constrained by the lack of understanding of legal officials, limited facilities, bias against the right to testimony of persons with disabilities, and weak enforcement of regulations.
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Notoprayitno, Maya Indrasti. "KETAKUTAN YANG BERALASAN PADA PENGUNGSI PENYANDANG DISABILITAS (Well-Founded Fear within Refugees with Disabilities)." terAs Law Review : Jurnal Hukum Humaniter dan HAM 3, no. 1 (2021): 35. http://dx.doi.org/10.25105/teras-lrev.v3i1.10744.
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<p><em>Persons with disabilities are vulnerable group and would be found anywhere in any situation. They become refugees since their conditions of persecution and they should leave out from their country. Unfortunately, the problem occured when persons with mental disabilities could not indicate their well-founded fear as stated in the 1951 Convention on the Status of Refugees. Regarding the problem, Convention on the Rights of Persons with Disabilities (CRPD) may be the answer to settle the problem since CRPD is the human rights approach to disability and recognizes the right of persons with disabilities to equality in most aspects of life. From CRPD, refugees with disabilities can show a well-founded fear thus giving a hope for them in obtaining refugee status and gaining access equivalent to refugees in general. UNHCR uses the CRPD as a reference in carrying out the responsibilities and commitments for the rights of refugees with disabilities.</em></p>
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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 disabilities. It demonstrates that the crpd Committee has advanced these rights by acknowledging the rights of indigenous persons in the general course of its work, but has fallen short of adequately recognising the special vulnerabilities that are created when disability and indigeneity intersect. This evaluation is illustrated by expounding on the crpd Committee’s recommendation in Noble v Australia, a communication brought by an indigenous person with a ‘mental and intellectual disability’ whose indigenous status was not engaged.
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Situmorang, Ave Gave Christina, and Winanda Kusuma. "Implementasi Convention on The Rights of Persons With Disabilities (Crpd) Terhadap Akses Pekerjaan Dan Lapangan Kerja Bagi Penyandang Disabilitas Di Indonesia." Uti Possidetis: Journal of International Law 4, no. 2 (2023): 165–99. http://dx.doi.org/10.22437/up.v4i2.23674.
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The Convention on The Rights of Persons With Disabilities (CRPD) is a special international human rights instrument that regulates the rights of persons with disabilities as a concrete effort to respect, protect and guarantee the rights of persons with disabilities throughout the world. Indonesia has ratified the convention on the rights of persons with disabilities. Even though Indonesia has ratified the CRPD convention, the fulfillment of human rights (HAM) for Indonesian citizens, especially the rights of persons with disabilities to get a job, has not been maximized. This paper is a research that examines juridically the implementation of the CRPD Convention in Indonesia regarding the employment of persons with disabilities. The research method used by the author is a legal research method focusing on library research. Normative legal research focuses on the study of data such as laws and regulations, legal theory as well as scientific legal research worksThe Convention on The Rights of Persons With Disabilities (CRPD) is a special international human rights instrument that regulates the rights of persons with disabilities as a concrete effort to respect, protect and guarantee the rights of persons with disabilities throughout the world. Indonesia has ratified the convention on the rights of persons with disabilities. Even though Indonesia has ratified the CRPD convention, the fulfillment of human rights (HAM) for Indonesian citizens, especially the rights of persons with disabilities to get a job, has not been maximized. This paper is a research that examines juridically the implementation of the CRPD Convention in Indonesia regarding the employment of persons with disabilities. The research method used by the author is a legal research method focusing on library research. Normative legal research focuses on the study of data such as laws and regulations, legal theory as well as scientific legal research works
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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 disabilities are concerned, without drawing on the text of the CRPD and related interpretative conclusions of the Committee on the Rights of Persons with Disabilities (CRPD Committee).
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Wijaya, Amelia Tharuni, and Lestari Nurhajati. "IMPLEMENTASI CRPD DALAM ASPEK AKSESIBILITAS TRANSPORTATION PUBLIK DI DKI JAKARTA." Bricolage : Jurnal Magister Ilmu Komunikasi 4, no. 02 (2018): 180. http://dx.doi.org/10.30813/bricolage.v4i02.1660.
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<p>ABSTRACT Classified as one of the minority group in the world, people with disabilites are still going through discrimination. Built in 2006 Convention on The Rights of Persons with Disabilities (CRPD) took the chance to be an international convention that established the rights for people with disabilities. Five years since CRPD stands, Indonesian Government finally ratify this convention. The measurement took by Indonesian Government forced both central government and local government to implement it thoroughly. The objective of this research is understanding how the implementation of the CRPD related to accessibility in public transportation inside DKI Jakarta. This research using qualitative method with indepth interview approach to the implementator CRPD also to the user of this program. The result of this research show that the implementation of CRPD related to accessibility in public transportation is done by establishing local regulation that corresponds with CRPD and the existence of Transjakarta Cares program, supported by PT Transjakarta in 2016. Existence of Transjakarta Cares does help person with disabilities to get their rights to acquire the accessibility of accessible transportation.</p><p><strong>Keywords:</strong> Implementation, CRPD, accessibility, public transportation facility</p><p><br />ABSTRAK<br />Penyandang disabilitas merupakan salah satu kelompok minoritas di dunia yang masih mengalami diskriminasi. Melihat hal tersebut, Convention on The Rights of Persons with Disabilities (CRPD) hadir di tahun 2006 dan berperan sebagai konvensi internasional penegak hak-hak penyandang disabilitas. Lima tahun sejak CRPD berlaku, Pemerintah Indonesia memutuskan untuk meratifikasi konvensi tersebut. Tindakan yang diambil oleh Pemerintah Indonesia tersebut menuntut pemerintah pusat maupun pemerintah daerah untuk mengimplementasikannya secara menyeluruh. Tujuan penelitian ini adalah untuk mengetahui bagaimana implementasi Convention on The Rights of Persons with Disabilities (CRPD) dalam aspek aksesibilitas fasilitas transportasi publik di DKI Jakarta. Metode penelitian yang digunakan adalah kualitatif, dengan wawancara mendalam pada para pelaksana CRPD dan pengguna jasa layanan tersebut. Hail penelitian ini menunjukan bahwa implementasi CRPD terkait aksesibilitas fasilitas transportasi publik di DKI Jakarta dilakukan melalui pembuatan peraturan daerah sesuai dengan CRPD dan adanya program layanan Transjakarta Cares yang diberikan oleh PT Transjakarta pada tahun 2016. Dengan adanya Transjakarta Cares ini sangat membantu para penyandang disabilitas mendapatkan hak nya untuk memperoleh aksesibilitas transportasi yang aksesibel.</p><p><strong>Kata kunci:</strong> Implementasi, CRPD, aksesibilitas, fasilitas transportasi publik</p>
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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 for the right to equal recognition before the law for persons with disabilities which entails the right to legal capacity. This provision reflects a long established and non-derogable human rights principle also enshrined, for example, in article 16, as read together with article 4 (2), of the International Covenant on Civil and Political Rights (ICCPR). Despite the significant development of legal protection, the implementation of the right to legal capacity for persons with disabilities leaves a lot to be desired. Many jurisdictions conflate legal capacity with mental capacity, the latter of which is a controversial concept. Persons with disabilities are denied the right to make personal decisions and to participate in judicial proceedings, on the basis that they lack the requisite mental capacity. Such denial of the right to make decisions constitutes a violation of the long established and non-derogable right to legal capacity enshrined in article 12 of the CRPD. The paper discusses the implementation of article 12 of the CRPD in Kenya. It examines the conflation of legal capacity and mental capacity for persons with disabilities and interrogates the approaches employed in the determination of mental capacity. Furthermore, the paper examines different Acts of Parliament in Kenya and discusses their level of compliance with article 12 of the CRPD.
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Rozinskis, Russell, and Chloe Rourke. "Challenging Involuntary Treatment and Confinement in Canada Through the United Nations Convention on the Rights of Persons with Disabilities (CRPD)." Studies in Social Justice 18, no. 3 (2024): 418–39. http://dx.doi.org/10.26522/ssj.v18i3.4246.
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The Convention on the Rights of Persons with Disabilities (CRPD) came into force in 2008. People with disabilities, including people with psychosocial disabilities, were instrumental to its development. Article 12 and Article 14 of the CRPD, which respectively affirm the universal legal capacity and right to liberty of persons with disabilities, were viewed as key victories by disability rights movements. These provisions are particularly important for people with psychosocial disabilities who are routinely subjected to human rights violations through psychiatric detainment and involuntary treatment authorized under domestic mental health legislation in many states. We aim to advance discourse surrounding the CRPD and its development by centring mad peoples’ voices and individuals with lived experience through a literature review and interviews with key disability rights advocates. Using Canada as a case study, we critically examine the implementation of the CRPD and the need to align mental health acts with our international human rights obligations. We argue that forced psychiatric interventions violate the rights of persons with psychosocial disabilities and cause inherent harm. There is an urgent need to move towards new paradigms of care that promote the dignity and autonomy of people with psychosocial disabilities.
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Caballero Pérez, Adriana. "Building up a constructive relationship between law and the social sciences to investigate the “CRPD-in-action”: experiences from a descriptive study." Oñati Socio-Legal Series 12, no. 6 (2022): 1704–32. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1358.
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Voting rights of persons with disabilities must be ensured by States Parties to the Convention on the Rights of Persons with Disabilities (CRPD). The CRPD sets out legal obligations of States Parties to ensure de jure and de facto realisation of the right to vote by persons with disabilities. How can a disability researcher analyse compliance by States Parties with the CRPD? The present article argues that for achieving a fully developed disability legal scholarship, legal studies about the implementation of the CRPD need to combine the perspectives of jurisprudence and social sciences. Based on the author’s experience in carrying out the ongoing study “Voting Matters”, this article examines an innovative theoretical and methodological framework to understand how the CRPD is implemented through law and policy, and “in practice”. This means to investigate the “CRPD-in-action”. It concludes that this is a challenging task that can be accomplished through an evidence-based approach and a mixed-research design.
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Kayess, Rosemary. "The CRPD and Segregation." Alter 18-2 (2024): 21–37. http://dx.doi.org/10.4000/11sl7.
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This paper explores the pervasive nature of the value system that is at the heart of the segregation of people with disabilities and analyses how it informs international law. It examines institutional responses to disability and how contemporary human rights provides a framework for social transformation and a process of deinstitutionalisation. First, the paper illuminates how the medical model underpins the conceptualisation of disability and results in an ableist standard within society. Secondly, the paper discusses the Convention on the Rights of Persons with Disabilities and the human rights model of disability that is fundamental to implementing Convention rights. The paper then describes the systematic and holistic interpretation of the CRPD by the Committee on the Rights of Persons with Disabilities regarding the institutionalisation of people with disabilities and shows how article 19 of the Convention – Living independently and being included in the community – is to be understood in relation to other building blocks of the Convention. Finally, the paper explains how and why the institutionalisation of people with disabilities is segregation and a fundamental denial of human rights.
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Gupta, Shivani, Agnes Meershoek, and Luc P. de Witte. "Using the Capability Approach to Review the National Legislative Frameworks for Support Services for Persons with Disabilities in Four Countries in Asia." Societies 12, no. 6 (2022): 185. http://dx.doi.org/10.3390/soc12060185.
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Implementation of the United Nations Convention on the rights of persons with disabilities (UN CRPD) requires countries to harmonise their legislative frameworks with it. This paper investigates the national legislative frameworks of four Asian countries to see the extent to which they provide support services in accordance with Article 19 of the UN CRPD. The UN CRPD requires persons with disabilities to have access to and choice and control over support services. To analyse the policy alignment with the UN CRPD, an analytical framework based on the Capability Approach (CA) was developed. The results show that most countries address support services, including assistive devices, only from the perspective of a social security measure for persons with disabilities living in poverty, failing to uphold the rights of those not meeting those eligibility criteria. However, while support services are inseparably linked to social security, they also are a right for persons with disabilities. Therefore, a paradigm shift is required in the approach of support services and the distributive systems of countries, from one that addresses persons with disabilities as those requiring care considered a burden, to one that considers them rights holders with equal opportunities, for which, support services are a pre-requisite.
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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 brought by persons with disabilities challenging legal capacity restrictions. The Article further argues that the European Court of Human Rights (ECtHR) should also apply this rule to align its legal capacity jurisprudence with the crpd’s mandates. Finally, it suggests that the Committee on the Rights of Persons with Disabilities (crpd Committee) ought to consider this rule when resolving individual communications and thereby guide courts.
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Rosdianti, Yeni. "The Right To Work in Article 27 Of The Un-Convention On The Rights of Persons With Disabilities: Towards An Inclusive Employment." Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan 9, no. 2 (2019): 235–52. http://dx.doi.org/10.22212/jnh.v9i2.1024.
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Work is essential for every human being, not only in economic meaning, but also in the sense of dignity. It guarantees to sustain life and also a tool of inclusion as a vital social relationship in a society. Dignity outlines the principle of equality to form an inclusive society. Thereunto, a social inclusion is an objective whereby disadvantaged groups are fully respected yet enjoying their maximum equal participation in the society. Social inclusion is the ultimate goal of disability movements. In this respect, human rights play its crucial roles to acknowledge the rights of persons with disabilities which centered on an equality and non-discrimination principles. United Nation Convention on the Rights of Persons with Disabilities (hereinafter CRPD), that has been ratified by Indonesian Government in 2011, draws the enormous attention specifically on the protection of the persons with disabilities within a broad application of general human rights norms. This treaty is considered as a modern human rights model of disability. With respect to work and employment for persons with disability, article 27 elucidates a development of the right to work of persons with disabilities to aim an inclusive employment. For this reasons, CRPD acknowledges the positive measures to be applied as the vigorous means in removing structural barriers to date. Abstrak“Bekerja” memegang peranan penting dalam kehidupan umat manusia, tidak hanya dalam arti ekonomi namun juga bermakna pemuliaan martabat manusia. Bekerja, selain dapat menjamin penghidupan, juga merupakan alat pencapaian inklusi dan partisipasi setara dalam relasi sosial. Martabat manusia menjadi landasan prinsip kesetaraan untuk membentuk masyarakat inklusif dimana kelompok rentan secara penuh dihormati hak-haknya hingga dapat berpartisipasi secara maksimal di tengah-tengah masyarakat. Hak Asasi Manusia (HAM) memegang peranan penting dalam hal ini, khususnya terkait dengan pemajuan hak-hak penyandang disabilitas dalam kerangka prinsip-prinsip kesetaraan dan non-diskriminasi. Konvensi Persatuan Bangsa-Bangsa tentang Hak-hak Penyandang Disabilitas (Atau selanjutnya disebut CRPD) yang telah diratifikasi oleh Pemerintah Indonesia pada tahun 2011, meletakkan dasar yang kokoh bagi perlindungan hak-hak penyandang disabilitas dalam penerapan kaidah-kaidah dasar HAM. Konvensi ini dianggap sebagai model disabilitas terkini yang mengacu pada pendekatan HAM. Terkait dengan hak atas pekerjaan khususnya untuk penyandang disabilitas, pasal 27 CRPD meletakkannya dalam rangka mencapai dunia kerja yang inklusif dan setara. Untuk itu, CRPD mendorong langkah-langkah positif (positive measures) sebagai sarana menyingkirkan hambatan struktural yang dihadapi oleh penyandang disabilitas selama ini.
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Skarstad, Kjersti. "Human rights through the lens of disability." Netherlands Quarterly of Human Rights 36, no. 1 (2018): 24–42. http://dx.doi.org/10.1177/0924051917753251.
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Notions discriminatory to persons with disabilities commonly underpin political theories of rights. While persons without disabilities are considered “normal” and independent, persons with disabilities are commonly seen as “deviant” and dependent. Persons with intellectual disabilities are also seen as lacking the autonomy required to have human rights. Acknowledging the equal human rights of all human beings, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) refutes such notions. Drawing upon relational theory, this Article provides a theoretical basis to some of the novel features of the CRPD. In contrast to many dominant theories of rights, the author argues that 1) disability constitutes a natural part of human diversity, 2) human beings are interdependent, 3) rights are achieved through supportive relations, and 4) human rights are ideals that inform how we should treat each other. The Article shows that a human rights theory fully inclusive of persons with intellectual disabilities also strengthens the human rights of others.
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Abobaker, Mohammed Yahya. "Empowering Persons with Disabilities in Saudi Arabia: Strengthen Compliance with the International Convention on the Rights of Persons With Disabilities in Employment Opportunities from the Perspective of SDGS." Journal of Lifestyle and SDGs Review 5, no. 2 (2024): e02968. http://dx.doi.org/10.47172/2965-730x.sdgsreview.v5.n02.pe02968.
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Objective: This study is investigating the alignment of Saudi Arabia Law on the Rights of Persons with Disabilities (SLRPD) with international Convention on the Rights of Persons with Disabilities (CRPD) and Sustainable Development Goals (SDGs), focusing on empowering persons with disabilities in employment opportunities. Method: The study employs a comparative analysis approach, reviewing legal literature and international convention related to person with disability rights, and analyzing article10 from SLRPD with the article 27 from CRPD, and their effectiveness in achieving the SDGs, particularly on empowering persons with disabilities in employment opportunities. Results and Discussion: The research demonstrates that the integration of Article 10 of SLRPD with Article 27 of CRPD significantly improves Saudi Arabia's compliance with CRPD, particularly in employment. However, continuous evaluation of these frameworks is necessary to ensure their effectiveness and inclusivity. Research Implications: The findings inform dissension makers on the importance of aligning national laws with international standards to promote employment equality for persons with disabilities. The study also supports ongoing legal reforms to advance the goals of Saudi Arabian Vision 2030 and the SDGs. Originality/Value: This research provides original insights into the impact of the latest Saudi Arabia's legal frameworks on empowering persons with disabilities in employment, highlighting the Kingdom’s leadership in disability rights and its commitment to international standards.
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Winzer, Margret, and Kas Mazurek. "The Convention on the Rights of Persons with Disabilities: Notes on Genealogy and Prospects." Journal of International Special Needs Education 17, no. 1 (2014): 3–12. http://dx.doi.org/10.9782/2159-4341-17.1.3.
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Abstract The dense and complex Convention on the Rights of Persons with Disabilities (CRPD) is both a human rights treaty and a development tool. It supplements the web of existing human rights instruments insofar as they relate to disability. Schooling is enshrouded as a rights-based case; inclusive education as a development tool for all persons with disabilities. The human rights agenda that informs the CRPD is intimately related to, and erected upon, earlier ideas and histories; education links to a series of world conferences that identified broad development goals and targets. This paper addresses the genealogy of the CRPD. It elaborates these two interlinked perspectives- the intersection of human rights and disability and the education-related positions. It finds that the CRPD may indeed exert a powerful influence in positively affecting the lives of persons with disabilities but, so far, prospects remain limited. The rights protections and education directions have not yet advanced to robust equality measures.
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Virtanen, Riku-Heikki. "Towards a Permanent Consultation Mechanism for Persons with Disabilities. A Study from the Perspective of the Un Convention on the Rights of Persons with Disabilities." Baltic Journal of Law & Politics 11, no. 1 (2018): 158–86. http://dx.doi.org/10.2478/bjlp-2018-0007.
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Abstract The Convention on the Rights of Persons with Disabilities (UN CRPD) stipulates an obligation for states to consult persons with disabilities in the development and implementation of legislation and policies with respect of implementing this Convention. Consultations with persons with disabilities have not as yet become a widespread practice in national legal orders. When it comes to EU member states, for example, not all of them incorporate the said obligation in national legislation. In its Concluding Observations the CRPD Committee suggests that the obligation to consult is a cross-cutting duty covering all rights guaranteed in the UN CRPD. Eventually, the draft General Comment No. 7 to the UN CRPD has arrived at a wider interpretation of the scope of an obligation to consult. Although a much wider scope of opportunity to be consulted is provided for the indigenous peoples by the ILO Convention No. 169, it has become a matter of consideration in several cases before regional human rights organs while the convention has not got a significant number of ratifications. Provided that the UN CRPD is much more broadly ratified by the states, will the adoption of this General Comment exert influence on empowering persons with disabilities? In order to find an answer to this question, this article explores the genesis of a general legal obligation to consult persons with disabilities on a permanent basis which would be wider in scope than matters of implementing the UN CRPD in international human rights law.
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Umeasiegbu, Veronica I., Malachy Bishop, and Elias Mpofu. "The Conventional and Unconventional About Disability Conventions: A Reflective Analysis of United Nations Convention on the Rights of Persons With Disabilities." Rehabilitation Research, Policy, and Education 27, no. 1 (2013): 58–72. http://dx.doi.org/10.1891/2168-6653.27.1.58.
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This article presents an analysis of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in relation to prior United Nations conventions on disability and U.S. disability policy law with a view to identifying the conventional and also the incremental advances of the CRPD. Previous United Nations conventions related to disability have had, at best, partial success in effectively protecting the human rights of individuals with disabilities. The CRPD, as a policy instrument, has considerable potential for advancing the legal rights of persons with disabilities in the United States and globally. This article reviews this potential from national and international perspectives and explores the implications of the CRPD for rehabilitation counseling advocacy and education.
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Nilsson, Anna, and Linus Broström. "Participation in Research and the CRPD." International Journal of Mental Health and Capacity Law 2019, no. 25 (2020): 3. http://dx.doi.org/10.19164/ijmhcl.v2019i25.937.
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This article discusses the implications of the United Nations’ Convention on the Rights of Persons with Disabilities (“CRPD”) for domestic policies on research involving persons with disabilities, including those with limited decision-making abilities. It starts with an examination of the protection the Convention affords to persons with disabilities against being enrolled in research projects, and argues that it does offer some such protection, but that the precise extent of this protection depends on conceptual and other matters that are not easily resolved by straightforward treaty interpretation. The article then proceeds with an analysis of whether the CRPD includes a right to participate in research projects on an equal basis with others. It argues that there are good reasons to interpret the CRPD to include such a right and explores its normative content. The article describes how the prohibition on discrimination delineates the scope for lawful exclusion of persons with disabilities in research studies and illustrates how discrimination analysis can be used to distinguish lawful practices from unlawful ones. It stops short, however, of drawing general conclusions about when exclusion is prohibited by the CRPD, arguing that this will depend on unresolved issues about the correct interpretation of the Convention’s right to legal capacity, and on an analysis of the rights and interests at stake in any given situation.
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Abobaker, Mohammed Yahya. "Developing Saudi Arabia’s disability rights legislation in compliance with the United Nations convention on the rights of persons with disabilities in education system." Journal of Infrastructure, Policy and Development 8, no. 13 (2024): 9343. http://dx.doi.org/10.24294/jipd9343.
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The Convention on the Rights of Persons with Disabilities (CRPD) constitutes a crucial international framework that underscores the significance of inclusive education for individuals with disabilities, a vital goal for nations globally. This study seeks to examine the alignment of the recently established Saudi Law on the Rights of Persons with Disabilities (SLRPD) with the CRPD in the educational sector. The study employs a comparative analytical methodology to examine pertinent legal material and international treaties regarding inclusive education for individuals with disabilities. The findings indicate that the SLRPD substantially improves the rights of persons with disabilities by facilitating access to educational opportunities. Article 8 of the bill significantly enhances Saudi Arabia’s adherence to Article 24 of the CRPD objectives regarding inclusive education. The report emphasizes Saudi Arabia’s dedication to the ongoing evaluation and enhancement of its legal frameworks to facilitate access to educational opportunities for disabled children and youth. Under Saudi Arabia’s Vision 2030, the Kingdom has made significant strides in assisting those with disabilities, aligning with worldwide norms and its strategic goals. The research advises nations to intensify their initiatives for inclusive education by bolstering intersectoral collaboration, amplifying awareness activities, and cultivating relationships with international organizations. These measures will not only guarantee ongoing adherence to the CRPD but will also empower persons with disabilities to attain sustainable educational opportunities.
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Cukalevski, Emily. "Supporting Choice and Control—An Analysis of the Approach Taken to Legal Capacity in Australia’s National Disability Insurance Scheme." Laws 8, no. 2 (2019): 8. http://dx.doi.org/10.3390/laws8020008.
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In mid-2013, the Australian federal government introduced the National Disability Insurance Scheme (NDIS), a ground-breaking reform of disability support services, encapsulated by the mantra of increasing “choice and control”. The scheme provides eligible persons with disabilities a legislated entitlement to supports they may require to increase their independence and social and economic participation. The NDIS has been hailed as a major step forward in Australia’s efforts to realize the human rights of persons with disabilities, in accordance with the UN Convention on the Rights of Persons with Disabilities (CRPD). A core aspect of the CRPD is guaranteeing persons with disabilities their civil and political right to equality before the law, including their right to enjoy legal capacity on an equal basis with others, as provided by Article 12 of the CRPD. The purpose of this paper is to examine how the concept of choice and control has been operationalized within the NDIS and to critically analyze the extent to which it accords with the requirements of Article 12. It will be argued that even though the NDIS expressly seeks to implement the CRPD as one of its key objectives, it ultimately falls short in fully embracing the obligations of Article 12 and the notions of autonomy and personhood underlying it.
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Zengeta, Melaku T. "Access to Justice: New Right or a Reaffirmation of Existing Human Rights for Persons with Disabilities?" Yustisia Jurnal Hukum 11, no. 3 (2022): 157. http://dx.doi.org/10.20961/yustisia.v11i3.68402.
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<div class="WordSection1"><p><em>The Convention for the Rights of Persons with Disabilities (CRPD), as a specific human rights instrument, seems to create a new disability-specific right to access justice under Article 13. This study analyzed the place of specific rights for people with disability to access justice in the CRPD. This study concludes that Article 13 of the CRPD has expanded the traditional conceptions of access to justice since it also covers effective remedy and fair hearing. Several inherent limitations, or impairments, which interact with multidimensional and inherent barriers, have prevented persons with disabilities from accessing justice based on equality. The article has shown that the new set of rights is a guarantee of justice. </em></p></div>
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Morrissey, Fiona. "The United Nations Convention on the Rights of Persons with Disabilities: A New Approach to Decision-Making in Mental Health Law." European Journal of Health Law 19, no. 5 (2012): 423–40. http://dx.doi.org/10.1163/15718093-12341237.
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Abstract The UN Convention on the Rights of Persons with Disabilities (CRPD) requires us to engage in new approaches to decision-making in mental health law. The reclassification of mental health rights to the realm of disability rights is an important step towards equal treatment for persons with psychosocial disabilities. Law reformers worldwide are beginning to consider the implications of the provisions. Legislators will be required to understand the underlying philosophy of the CRPD to realise the rights set out in it. The CRPD possesses a number of innovative provisions which can transform decision-making in the mental health context. Article 12 provides a new conceptualisation of persons with disabilities and their capacity to participate by requiring support to exercise legal capacity. While good practice exists, the provision has yet to be fully implemented by many State Parties. This article discusses the impact of the CRPD on mental health law, legal capacity law and describes examples of supported decision-making models for mental health care.
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Szerletics, Antal. "Paternalism vs. autonomy? Substitute and supported decision-making in England and Hungary." Hungarian Journal of Legal Studies 62, no. 1 (2022): 75–95. http://dx.doi.org/10.1556/2052.2021.00333.
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Abstract This paper explores substitute and supported decision-making in the light of the UN Convention on the Rights of Persons with Disabilities (CRPD). The CRPD, adopted by the UN General Assembly in 2006, introduces a ‘paradigm shift’ in the regulation of legal capacity by endorsing the idea of universal legal capacity, i.e. that everyone, including persons with disabilities ‘enjoy legal capacity on an equal basis with others’. After examining the conceptual and regulatory issues surrounding substitute and supported decision-making and the requirements of the CRPD and the first General Comment of the UN Committee on the Rights of Persons with Disabilities (GC1), the paper proceeds to examine the regulations of the Mental Capacity Act 2005 (England & Wales) and the Hungarian Civil Code and their (non-)compliance with the CRPD and GC1.
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Wescott, Holly, Delia Ferri, and Malcolm MacLachlan. "Participation, Legal Capacity, and Gender: Reflections from the United Nations Partnership on the Rights of Persons with Disabilities Project in Serbia." Disabilities 3, no. 1 (2023): 129–46. http://dx.doi.org/10.3390/disabilities3010010.
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The United Nations Convention on the Rights of Persons with Disabilities (CRPD) establishes that people with disabilities shall enjoy their human rights on an equal basis with others. Those rights include the right to legal capacity and to protection against discrimination, including intersectional and multiple forms of discrimination on the basis of disability and gender. In an effort to support the realisation of the CRPD, the United Nations team in Serbia undertook a project to address the implementation of these rights under the UN Partnership on the Rights of Persons with Disabilities (UNPRPD) programme. Namely, by bringing together stakeholders from the UN, government and civil society, the UNPRPD project in Serbia sought to create structural changes to uphold the rights of people with disabilities. With a view of understanding the process of change within, rather than the outcomes of, this UPRPD project, twenty-eight semi-structured interviews were conducted using the Most Significant Change Technique (MSCT) with key stakeholders involved in such a project. The interviews were analysed using Interpretive Phenomenological Analysis (IPA) to preserve the unique and diverse perspectives of participants who had differing roles across the project. The analysis allowed us to identify a number of facets of the process that facilitate structural change: coalition-building events; strengthening stakeholder capacity and relationships; the participation of persons with disabilities; and innovation in terms of what made the project significant, novel and in itself a change. All these facets are discussed in this article, with the purpose of supporting global efforts in alignment with the CRPD. On the whole, this article aims to support a better understanding of disability-inclusive development projects in line with the CRPD and to give evidence on how countries may begin to tackle the structural exclusion of persons with disabilities in society.
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Harnacke, Caroline. "Disability and Capability: Exploring the Usefulness of Martha Nussbaum's Capabilities Approach for the UN Disability Rights Convention." Journal of Law, Medicine & Ethics 41, no. 4 (2013): 768–80. http://dx.doi.org/10.1111/jlme.12088.
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The United Nations Convention on the Rights of Persons with Disabilities (CRPD) aims at empowering people with disabilities by granting them a number of civil and political, but also economic, social, and cultural rights. This is a groundbreaking agreement for all persons with disabilities, especially because it is the first human rights agreement for disabled people, and it is legally binding. For those states who signed it, it also brings various governmental obligations. Implementing the CRPD will clearly be politically challenging and also very expensive for all states, but even more so for poor ones.
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Lord, Janet E., David Suozzi, and Allyn L. Taylor. "Lessons from the Experience of U.N. Convention on the Rights of Persons with Disabilities: Addressing the Democratic Deficit in Global Health Governance." Journal of Law, Medicine & Ethics 38, no. 3 (2010): 564–79. http://dx.doi.org/10.1111/j.1748-720x.2010.00512.x.
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The United Nations Convention on the Rights of Persons with Disabilities (the CRPD or the Convention), adopted on December 13, 2006, and entered into force on May 3, 2008, constitutes a key landmark in the emerging field of global health law and a critical milestone in the development of international law on the rights of persons with disabilities. At the time of its adoption, the U.N. High Commissioner for Human Rights heralded the CRPD as a rejection of the understanding of persons with disabilities “as objects of charity, medical treatment and social protection” and an embrace of disabled people as “subjects of rights.”The text of the Convention itself, and the highly participatory process by which it was negotiated, signal a definitive break from previous international approaches that focused on disability within a medical model framework. In contrast to traditional approaches, the CRPD embraces a social model of disability, concentrating the disability experience not in individual deficiency, but in the socially constructed environment and the barriers that impede the participation of persons with disabilities in society.
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Celik, Elif. "Exploring the use of the concept human dignity in disability human rights law: from UNCRPD to EctHR." Age of Human Rights Journal, no. 17 (December 17, 2021): 27–53. http://dx.doi.org/10.17561/tahrj.v17.6321.
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The UN Convention on the Rights of Persons with Disabilities (CRPD) accommodates the concept of human dignity more fully than does any other human rights treaty. The role and interpretation of dignity is thus particularly interesting from the perspective of disability human rights and case law. This study examines the role and significance of the concept of dignity in relation to the human rights disability discourse and jurisdiction through the guidance and impact of the CRPD. It examines the currently available jurisprudence of the CRPD Committee and the European Court of Human Rights (ECtHR) in light of the CRPD, seeking to identify the rights that are particularly related to the concept of dignity through the perspective of disability and to identify the requirements of the respect for dignity for persons with disabilities. While accepting the limitations of the sources in this examination due to the recent history of the CRPD, the study nevertheless locates some points where human dignity has particular relevance to the realisation of the rights protected in the CRPD.
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Ruškus, Jonas. "Transformative Justice for Elimination of Barriers to Access to Justice for Persons with Psychosocial or Intellectual Disabilities." Laws 12, no. 3 (2023): 51. http://dx.doi.org/10.3390/laws12030051.
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By adopting the Convention on the Rights of Persons with Disabilities (the CRPD) in New York, the United Nations heralded a new epoch on how disability-related matters ought to be comprehended and addressed across the globe. The aim of this article is to argue the role and substance of the CRPD, under which each State Party has a responsibility and duty to protect, promote and implement access to justice for all persons with disabilities on equal bases with others. Systemic and structural barriers to access to justice that are faced by persons with psychosocial or intellectual disabilities are highlighted, and the determinants of them are identified including boundaries of the principle of formal equality. The human-rights-based response within the framework of obligations of the States Parties of the CRPD to ensure access to justice for persons with psychosocial or intellectual disabilities is argued, with specific consideration of the principle of transformative equality. The analysis is based on the CRPD Committee’s jurisprudence, including Concluding observations for the States Parties, General Comments, statements and guidelines.
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Wiranata, I. Made Anom. "Gerakan Hak-Hak Disabilitas di Bali: Analisis Fenomenologi dalam Penyebaran Norma Internasional Hak-Hak Disabilitas." Andalas Journal of International Studies (AJIS) 11, no. 2 (2023): 108. http://dx.doi.org/10.25077/ajis.11.2.108-121.2022.
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The Convention on the Rights of Persons with Disabilities (CRPD) ratified by Indonesia in 2011, presents the perspective of the fulfillment of the rights of persons with disabilities. The process of internalizing disability rights norms at the domestic level does not occur linearly, but through the struggles of the disability rights activists in their respective regions. Taking place in Bali, this study investigates the motivations and causes of the involvement of disability rights actors in disseminating disability rights norms. By using a transnationalism theory and phenomenological methods, this study finds that the spread of international norms on disability rights in Bali occurred as a social movement that had grown before the ratification of the CRPD. There is an open interaction between local, national and international actors. The self-struggle against discrimination and the interaction of movement actors in Bali with international volunteers who have a cosmopolitan consciousness, gave birth to the movement agency. CRPD provides an opportunity and direction for movement actors to advocate local regulations for the fulfillment of disability rights. In their social environment, they build awareness to the persons with disabilities and their families, as well as showed the wider community that persons with disabilities have the competence to be independent.
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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 have effective access to justice and receive appropriate accommodations, does not link these rights to a prior recognition of “vulnerability.” Even though the EU is a party to the CRPD, the 2013 Recommendation from the European Commission on Procedural Safeguards for Vulnerable Persons Suspected or Accused in Criminal Proceedings, frames disability in terms of “vulnerability.” In contrast, parts of the EU Victims’ Rights Directive address the situation of individuals with disabilities without using the language of vulnerability.
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Mapusa, Siska Giofana. "Evaluative Review of Government Obligations in Protecting the Right to Work for Persons with Disabilities through National and Regional Regulations (Ambon City) After the Ratification of the Convention on the Rights of Persons with Disabilities." Balobe Law Journal 1, no. 2 (2021): 57. http://dx.doi.org/10.47268/balobe.v1i2.649.
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Introductioan: Indonesia is a country that upholds the protection of human rights . One of the human rights pillars of concern for Indonesia is legal protection for Persons with Disabilities.Purposes of the Research: The study aims to determine whether the national regulations in Indonesia have accommodated the implementation of the Right to Work in accordance with Article 27 of the Convention on the Rights of Persons with Disabilities (CRPD) and the availability of regulation at the regional level, especially in Ambon as a form of protection for the Disability Right to Work.Methods of the Research: This research was conducted using normative methods. The results of this study were presented in a descriptive analysis report.Results of the Research: The results showed that the Act and regulations in Indonesia have not been maximal in providing protection for workers with disabilities because not all rights in Article 27 of the CRPD were regulated in national regulations. Relating to the protection of the right to work for persons with disabilities in the city of Ambon, there was no district regulations.
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Facchinetti, Anna. "IL DIRITTO AL CIBO PER LE PERSONE CON DISABILITÀ TRA OBBLIGHI STATALI E POLITICHE PUBBLICHE." Il Politico 260, no. 1 (2024): 96–110. http://dx.doi.org/10.4081/ilpolitico.2024.922.
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The paper analyses the issue of the right to food of persons with disabilities in order to identify the policies that States should adopt to comply with their treaty obligations. To this purpose, it offers a combined reading of the International Covenant on Economic, Social and Cultural Rights (CESCR) and of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The paper argues that the dimensions of physical and economic accessibility – characterizing the right to food as interpreted by the CESCR Committee – must be read in the light of the right and general principle of accessibility for persons with disabilities enshrined in the CRPD. Member States to both treaties, such as Italy, are under the obligation to adopt all the required and appropriate measures to ensure the physical and digital accessibility not only of the food market, but also of the means to gain a living, thus granting economic access to food. States must guarantee meaningful participation to persons with disabilities, through their representative organizations, in the policy development process.
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Abdul Majid, Marina. "Bioprinting’s Introduction within the Context of the Convention on the Rights of Persons with Disabilities and Malaysia’s Persons with Disabilities Act 2008 through the Right to Science." Societies 10, no. 2 (2020): 40. http://dx.doi.org/10.3390/soc10020040.
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Advances in bioprinting have enabled scientists to develop tissue and organs for the formation of artificial ears and noses, the treatment of injured joints because of arthritis, and the provision of medical care to people with disabilities. Malaysia’s disabled population can benefit from bioprinting because the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and Malaysia’s Persons with Disabilities Act 2008 (PDA 2008) both include an indirect right to science expressed through the promotion of research and development (R&D), technology transfer, and new technologies. This qualitative study aims to identify relevant provisions within the CRPD and PDA 2008 that could support bioprinting research. This study utilises a multidisciplinary approach that combines biomedicine, law, and the social sciences. It analyses the travaux préparatoires of CRPD negotiations, the CRPD, the PDA 2008, and related documents for clues that negotiators once considered as the right to science. The results show that the travaux préparatoires of CRPD negotiations refer to biomedicine, while Article 4(1) (g)–(h) of the CRPD and Articles 9(1) (k) and 33(3) of the PDA 2008 refer to R&D, new technologies, and technology transfer, all of which indirectly imply the right to science and enable the introduction of bioprinting.
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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 obligations of Colombia under Article 29(a) of the CRPD regarding the introduction of new technologies for the exercise of the right to vote for persons with disabilities, including screen readers, electronic voting systems equipped with magnification devices, and tactile ballots. The analysis of these commitments presented here may serve as a guide to assess the Colombian State’s compliance with international human rights law, for example through the recent electoral reform project, including the amendment of the National Electoral Law (Legislative Decree 141 of 2022), as provided for by Legislative Decree 2241 of 1986. Reform of Colombia’s electoral law must ensure that people with disabilities have access to accessible voting materials, can vote secretly and independently, and can freely express their political opinions, in accordance with article 29(a) of the Convention on the Rights of Persons with Disabilities.
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Petri, Gabor. "Commentary on: Intellectual disability in Switzerland: the Convention on the Rights of Persons with Disabilities as a vehicle for progress." Tizard Learning Disability Review 27, no. 1 (2022): 40–45. http://dx.doi.org/10.1108/tldr-11-2021-0036.
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Purpose The purpose of this paper is to provide a commentary on “Intellectual disability in Switzerland: the UN Convention on the Rights of Persons with Disabilities, as a vehicle for progress”. Design/methodology/approach This commentary highlights the importance of including people with intellectual disabilities in human rights reporting. The commentary builds on available data from academic research as well as civil society reports. Findings Three main aspects are presented: the lack of involvement of people with intellectual disabilities in human rights reporting, the barriers to their participation in developing and publishing human rights reports and possible strategies to tackle those barriers. Originality/value The United Nations Convention on the Rights of Persons with disabilities (CRPD) makes it mandatory to include people with intellectual disabilities in policy-making as well as in monitoring the CRPD. Academics need to change their practice to include people with intellectual disabilities in human rights research.
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Ringel, Wiebke. "Non-discrimination, Accommodation, and Intersectionality under the CRPD: New Trends and Challenges for the UN Human Rights System." Max Planck Yearbook of United Nations Law Online 20, no. 1 (2017): 98–130. http://dx.doi.org/10.1163/13894633_02001005.
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On 3 May 2008, the Convention on the Rights of Persons with Disabilities (CRPD) entered into force. The CRPD is the first human rights treaty adopted by the UN General Assembly in the 21st century. It is also the first binding international law instrument that specifically and comprehensively addresses disability from a human rights perspective. Building on existing UN human rights treaties, the CRPD aims to strengthen the effective enjoyment of all human rights by persons with disabilities. Specifically, the new convention seeks to remedy the neglect and marginalization of the rights of persons with disabilities not just at the national level but also at the international level, most notably within the UN treaty system. In this regard, the new convention endorses innovative and new approaches relating to, inter alia, the notions of disability, nondiscrimination, and intersectionality. This article analyses selected emerging key issues, including the principle of reasonable accommodation and the intersectionality of disability and gender. A specific focus will be on the emerging jurisprudence of the responsible treaty body, the UN Committee on the Rights of Persons with Disabilities. While some of the aspects discussed may appear to primarily arise under a disability-specific perspective, it is suggested that they could potentially provide an impetus to advance the UN human rights system in general, beyond the context of disability.
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Pathare, Soumitra, Laura Shields, Jaya Sagade, and Renuka Nardodkar. "The need to reform mental health legislation in Commonwealth countries." International Psychiatry 11, no. 1 (2014): 1–2. http://dx.doi.org/10.1192/s1749367600004148.
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The United Nations Convention on the Rights of Persons with Disabilities (CRPD) serves as a comprehensive and legally binding framework for the rights of persons with mental illness. The extent to which countries have adapted their mental health legislation to reflect the binding provisions outlined in the CRPD is unclear. This paper reviews the situation across the Commonwealth.
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Cabral, Adino Nunes, Elderito Pinto Salsinha, Humberto Pereira, Novia Costilia Freitas, and Vladimir Valério Moniz da Silva Da Silva. "Protection of the Political Rights of Persons with Disabilities in Timor-Leste." International Journal of Innovation and Thinking 2, no. 5 (2025): 279–89. https://doi.org/10.71364/ijit.v2i5.29.
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The protection of political rights for persons with disabilities during general elections has not been implemented as it should be. There remains a societal debate regarding the facilities and access provided by the government to enable persons with disabilities to exercise their voting rights in elections. The state, through the government and the national parliament, has ratified the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of Persons with Disabilities (CRPD). The Constitution of the Republic guarantees citizens the right to participate in political life and specifically ensures the equality of rights and obligations for persons with disabilities. This study is a normative juridical research using secondary data as the main source, including books, journals, previous research results, and legislation. The secondary data were analyzed qualitatively and normatively. There are obstacles faced by persons with disabilities when exercising their voting rights in elections.
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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 (CRPD) does not foresee any limitation of participation rights; rather it recognises the freedom of persons with disabilities to be involved in decision-making, including the right to vote and hold public office. Kenya is a party to both instruments, having acceded to the ICCPR in 1972 and ratified the CRPD in 2008. Kenya’s law does not deprive persons with intellectual disabilities of legal capacity. In fact, Article 54(2) of the Constitution of Kenya (2010 Constitution)seeks to increase participation of persons with disabilities in decision making and public life by providing, inter alia, for the progressive inclusion of persons with disabilities in at least five percent of all elective and nominated positions. Whereas Kenya’s law allows for limited guardianship, it is the informal guardianship created by the family, on whom persons with intellectual disabilities are dependent for support, which poses the greatest barrier to the exercise of participation rights. This informal guardianship, combined with negative societal attitudes and ignorance at all levels including the Judiciary, the electoral management body (the Independent Electoral and Boundaries Commission (IEBC)) and even the wider disability movement, makes political participation rights for persons with intellectual disabilities illusory. If the situation of persons with intellectual disabilities is not addressed, only persons with physical and sensory disabilities will be able to take up the affirmative action measure created by Article 54(2) of the 2010 Constitution.
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Sk, Iftesham Islam. "Persons With Disabilities And Their Right To Work Bangladesh's Failure To Respect International Human Rights Model of Disability." Journal of International Law And Comity 3, no. 2 (2023): 53–84. https://doi.org/10.5281/zenodo.8171322.
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In this article, the researcher has tried to expose the bitter truth behind the Right to Work of Persons with Disabilities in Bangladesh. The present article shows the current situation in Bangladesh regarding the Right to Work of Persons with Disabilities, which has never been discussed and brought before the Public. The article emphasizes the human rights approach to ensure the Right to work Under Article 27 of CRPD. Loopholes have been highlighted in the Existing Rights and Protection of Persons with Disabilities Act 2013, which Should be amended. It discusses issues such as inclusive education, employment opportunities, and accessibility. It also explores the role of government policies and civil society organisations in promoting the right to work for Persons with Disabilities.
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Broderick, Andrea. "The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?" Cambridge International Law Journal 7, no. 2 (2018): 199–224. http://dx.doi.org/10.4337/cilj.2018.02.02.
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The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.
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Opoku, Maxwell Peprah, Wisdom Kwadwo Mprah, Judith Mckenzie, Bernard Nsaidzedze Sakah, and Eric Badu. "Lives of persons with disabilities in Cameroon after CRPD: voices of persons with disabilities in the Buea Municipality in Cameroon." International Journal on Disability and Human Development 16, no. 1 (2017): 67–75. http://dx.doi.org/10.1515/ijdhd-2016-0009.
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Abstract Introduction: The Convention on the Rights of Persons with Disabilities (CRPD) has been touted as a major breakthrough towards achieving equal rights for persons with disabilities. The promulgation of the convention provided clear guidelines for signatory countries to revise their legislation as well as to formulate policies that will take into consideration the needs of persons with disabilities. As Cameroon is a signatory to the convention, it is expected that disability-friendly policies have been implemented to enhance the living conditions of persons with disabilities. This study examined, from the perspectives of participants, the life experiences of persons with disabilities in the Buea Municipality 7 years after Cameroon signed the CRPD. Methods: The study adopted a qualitative method, involving focus-group discussions with 36 participants from three disability groups: hearing impaired, visually impaired, and physically impaired. Findings: The study found that persons with disabilities in the Buea Municipality faced many challenges in their daily endeavors. These challenges are a result of a lack of inclusive policies, leading to their exclusion from social and economic activities such as education, employment, and healthcare. Conclusion: Although the study is limited in scope, the findings suggest that persons with disabilities in the Buea Municipality were yet to benefit from the CRPD. It is, therefore, suggested that the government of Cameroon should formulate inclusive policies to address the numerous challenges facing persons with disabilities in the Buea Municipality.
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RODRÍGUEZ DEL POZO, PABLO, MARÍA DEL CARMEN BARRANCO AVILÉS, PATRICIA CUENCA GÓMEZ, KHALID AL ALI, JAVIER ANSUÁTEGUI ROIG, and RAFAEL DE ASÍS ROIG. "THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) AND QATAR'S DOMESTIC LEGISLATION: THE POTENTIAL IMPACT ON THE MAIN LEGAL DOMAINS." Age of Human Rights Journal, no. 9 (December 5, 2017): 18. http://dx.doi.org/10.17561/tahrj.n9.2.
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Equal rights for persons with disabilities is the ultimate goal mandated by the CRPD, and it can probably be gradually achieved in Qatar as steps are taken towards reconsidering the approach to disability at large. This paper examines what impact the CRPD has on the country’s legislation. To that end, we explore how the sensitive domains –health, education, employment, and justice– need to be re-evaluated in light of the CRPD, where recent improvements in the rights of persons with disabilities in Qatar can enable compliance and where the greater challenges lie. We maintain that although legal reforms are needed for Qatar to comply with CRPD, within existing legislation there is notable potential to accommodate particular amendments that could significantly assist the move towards CRPD compliance. We suggest some structural steps aimed at improving compliance, consisting of the establishment of specific institutions, the promotion of associations that represent persons with disabilities and, above all, advancement of a fundamental shift in the way disability is perceived by society, moving away from the old medical notion of disability with its focus on special features and rehabilitation and instead adopting the social model that mandates inclusion and equality.
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Ferri, Delia. "Reasonable Accommodation as a Gateway to the Equal Enjoyment of Human Rights: From New York to Strasbourg." Social Inclusion 6, no. 1 (2018): 40–50. http://dx.doi.org/10.17645/si.v6i1.1204.
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The UN Convention on the Rights of Persons with Disabilities (CRPD) explicitly embeds the concept of reasonable accommodation within the principle of non-discrimination. Article 2 of the CRPD unambiguously recognizes that reasonable accommodation is vital in enabling persons with disabilities to enjoy and exercise their rights on an equal basis with others. This article argues that in the ten years since its entry into force, the CRPD has stimulated a process of cross-fertilization. In particular, it contends that the CRPD has played a crucial role in the advancement of disability equality, and in the recognition of reasonable accommodation as a gateway to the equal enjoyment of all human rights within the European human rights system. By adopting a legal perspective and a traditional doctrinal approach, this article focuses on relevant European Court of Human Rights (ECtHR) case law. It shows the gradual adoption by the ECtHR of the concept of reasonable accommodation as an essential element to remove specific barriers or disadvantages to which a particular disabled individual would otherwise be subject. The primary emphasis of this short article is on the ECtHR case law and on the extent to which it has translated the CRPD and the work of the CRPD Committee into the European human rights system.
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Goggin, Gerard. "Communications rights, disability, and law: The convention on the rights of persons with disabilities in national perspective." Law in Context. A Socio-legal Journal 35, no. 2 (2017): 129–49. http://dx.doi.org/10.26826/law-in-context.v35i2.21.
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Communications and media are now recognised as a vital area of disability, especially when it comes to digital technology. In this article, I discuss the way that rights to communication, articulated in the Convention on the Rights of Persons with Disabilities (CRPD), played out in the 2006-2016 period. I trace the evolution of communications as a part of human rights internationally, and then how these rights are considerably advanced with a new formulation in the CRPD. I also analyse the interplay between these communications rights in the CRPD with the law, policy, and regulation at the national level, using the case of Australia. In particular, I discuss a key element of communications rights - universal service (or the entitlement of everyone to telecommunications, and in the present conjuncture, mobile phones and broadband internet). I find that while the CRPD is a useful tool, it has fallen well short in terms of force in the Australian context. In particular, a key obstacle is a striking lack of a comprehensive, overarching legal and policy framework on communications rights. In this situation, I suggest it is imperative to build a comprehensive national legal framework, underpinned by contemporary understandings of disability, and the CRPD, to achieve communications rights for people with disabilities and everyone.
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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.
Full textAbstract:
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 normative approach with a measure of doctrinal research. Indonesian laws still provide for substituted decision-making for persons with mental disabilities, which legalizes denying their right to legal agency. Ambiguities abound in the laws on important aspects, like how one is declared incapable of making legal decisions. Supported decision-making mechanisms for persons with mental disabilities in Indonesian laws would provide the basis for setting up support centers where persons with mental disabilities can access the necessary support to enable them to make legal decisions. This study can be useful in addressing issues that infringe on the legal rights and protections of people with mental disabilities.
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Dahlan, Muhammad, and Syahriza Alkohir Anggoro. "Hak atas Pekerjaan bagi Penyandang Disabilitas di Sektor Publik: Antara Model Disabilitas Sosial dan Medis." Undang: Jurnal Hukum 4, no. 1 (2021): 1–48. http://dx.doi.org/10.22437/ujh.4.1.1-48.
Full textAbstract:
The opportunity to fulfill the rights to work for persons with disabilities has been increasing since the ratification of Convention on the Rights of Persons with Disabilities (CRPD). Indonesia has adopted a “quota scheme” through the Law Number 8 of 2016 on Persons with Disabilities where government institution has set a minimum quantity of two percent as the number of workers for persons with disabilities as affirmative action targeted at promoting human rights. This article examines the progress of the legal framework for persons with disabilities by using a case study in civil cervants in the public sector. We argue that despite Indonesia’s disability legal regime has pushed the social model of disabilities that promotes human rights-based approach, its implementation is still based on the medical model of disability, in which it sees persons with disabilities on physical condition, and thus, they are assumed to be able to work in a certain field determined by the government. This article argues that affirmative policy does not provide equal opportunities to persons with disabilities as the special formation and medical requirements prevent them from applying for occupations that match their interests and educational background. The use of the medical model of disability in providing employment opportunities in the public sector prevents the level of participation and the formation of an inclusive workplace environment.
 Abstrak
 Peluang untuk memenuhi hak atas pekerjaan bagi para penyandang disabilitas terus meningkat sejak ratifikasi Convention on the Rights of Persons with Disabilities (CRPD). Indonesia mengadopsi “skema kuota” melalui UU Nomor 8 Tahun 2016 tentang Penyandang Disabilitas di mana institusi negara menetapkan minimal dua persen jumlah formasi pekerja bagi para penyandang disabilitas sebagai tindakan afirmatif yang ditargetkan untuk mempromosikan hak asasi manusia. Artikel ini memeriksa sejauh mana kerangka kerja hukum disabilitas di Indonesia memfasilitasi pemenuhan hak atas pekerjaan bagi penyandang disabilitas dengan menggunakan contoh kasus pada penyelenggaraan ketenagakerjaan di sektor publik. Kami berpendapat bahwa meskipun rezim hukum disabilitas di Indonesia menekankan model sosial disabilitas yang mempromosikan pendekatan berbasis hak asasi manusia, implementasinya masih didasarkan pada model medis disabilitas yang memandang penyandang disabilitas berdasarkan kondisi fisik dan karenanya diasumsikan hanya dapat masuk pada bidang pekerjaan yang telah ditentukan oleh negara. Artikel ini berpendapat bahwa kebijakan afirmatif tidak memberikan peluang yang setara bagi penyandang disabilitas karena formasi khusus dan persyaratan medis menghambat mereka untuk melamar pada bidang pekerjaan yang sesuai dengan minat dan latar belakang pendidikannya. Penggunaan model medis disabilitas dalam penyelenggaraan kesempatan kerja di sektor publik pada gilirannya menghambat tingkat partisipasi dan pembentukan lingkungan kerja yang inklusif.
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Fernández de Buján, Antonio. "Konstytucja a niepełnosprawność – ochrona osób niepełnosprawnych jako paradygmat państwa społecznego w Hiszpanii." Prawo w Działaniu 52 (2022): 7–29. http://dx.doi.org/10.32041/pwd.5201.
Full textAbstract:
Spain is one of the signatory countries of Convention on the Rights of Persons with Disabilities (CRPD) from 2006. The present article undertakes to analyse the impact of the CRPD on the Spanish legislation, especially the Act 8/2021 from 2 June 2021 on the reform of civil and procedural legislation in support of persons with disabilities. Special attention will be given to the access to jurisdiction of persons with disabilities. Another central point is the reform of Article 49 of the Spanish Constitution which – though with good intention – declares is it a national objective – to dismount the discrimination of persons with “reduced” (disminuidos) abilities.
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Azmi, Norita, and Salawati Mat Basir. "Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan." Kanun: Jurnal Undang-undang Malaysia 32, no. 2 (2020): 297–319. http://dx.doi.org/10.37052/kanun.32(2)no6.
Full textAbstract:
Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.