The Role of Reasonable Accommodation in Securing Substantive Equality for Persons with Disabilities: The UN Convention on the Rights of Persons with Disabilities

2010 ◽  
Author(s):  
Janet Lord ◽  
Rebecca Brown
Keyword(s):  
Reasonable Accommodation ◽  
Persons With Disabilities ◽  
Substantive Equality

Reasonable accommodation in Irish equality law: an incomplete transformation

Legal Studies ◽  
2020 ◽  
pp. 1-20
Author(s):  
Lucy-Ann Buckley ◽  
Shivaun Quinlivan
Keyword(s):  
Best Practice ◽  
Reasonable Accommodation ◽  
Active Engagement ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Substantive Equality ◽  
Multiple Contexts ◽  
Transformative Potential ◽  
Structural Impact ◽  
International Human

Abstract The UN Convention on the Rights of Persons with Disabilities is the first international human rights convention to state expressly that discrimination includes the failure to provide reasonable accommodation. The duty has been described as transformative but has also been critiqued for its lack of structural impact. This paper evaluates the transformative potential of the reasonable accommodation duty encompassed by the Convention, and considers how its potential can be realised. It argues that the duty is transformative because of the substantive equality it provides for individuals, and because it requires both active engagement with persons with disabilities and proactive consideration of barriers to inclusion, in multiple contexts. However, it contends that full realisation of the duty's transformative potential depends on appropriate legislative formulation. This may be a problem in dualist states where application of the Convention is not automatic and pre-existing legislation may be perceived as satisfying the obligation. The paper supports this contention with an analysis of Irish law, arguing that the full transformative potential of the reasonable accommodation duty has not yet been achieved in Ireland, and identifying the reasons for this. The paper examines the practical consequences of inadequate implementation and highlights pitfalls and best practice.

The Role of the Judiciary and Its Relationship to the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Legal System ◽  
Amicus Curiae ◽  
Persons With Disabilities ◽  
Legal Duty ◽  
The Relationship ◽  
Do So

This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.

Italy

2018 ◽  
Author(s):  
Delia Ferri
Keyword(s):  
Significant Influence ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Constitutional Court ◽  
Judicial Activism ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Indirect Discrimination ◽  
Legal Concepts ◽  
Domestic Law

Italy was among the first countries to sign the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, and ratified it in 2009 by Law 18/2009. Since then, the Convention has displayed significant influence on case law, and provoked a degree of judicial activism. This chapter provides an overview of how Italian courts have used and interpreted the CRPD. It highlights how Italian lower and higher courts, including the Constitutional Court and the Court of Cassation, have attempted to overcome the gap between domestic law and the CRPD, by ‘rethinking’ legal concepts in light of the Convention. This is evident with regards to the field of legal capacity and the domestic provisions of the civil code on the ‘administration of support’, but also to non-discrimination legislation, the scope of which has been evidently enlarged to encompass the failure to provide reasonable accommodation as a form of indirect discrimination.

The Role of the Pediatrician in Implementing the Americans With Disabilities Act: Subject Review

PEDIATRICS ◽  
1996 ◽  
Vol 98 (1) ◽  
pp. 146-148
Author(s):  
Keyword(s):  
American Academy ◽  
Special Needs ◽  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
Reasonable Accommodation ◽  
Individuals With Disabilities ◽  
American Academy Of Pediatrics ◽  
Counseling Adolescents ◽  
Recreational Programs

In this statement, the American Academy of Pediatrics reaffirms the importance of the Americans With Disabilities Act (ADA), which guarantees people with disabilities certain rights to enable them to participate more fully in their communities. Pediatricians need to know about the ADA provisions to be able to educate and counsel their patients and patients' families appropriately. The ADA mandates changes to our environment, including reasonable accommodation to the needs of individuals with disabilities, which has application to schools, hospitals, physician offices, community businesses, and recreational programs. Pediatricians should be a resource to their community by providing information about the ADA and the special needs of their patients, assisting with devising reasonable accommodation, and counseling adolescents about their expanded opportunities under the ADA.

scholarly journals Indonesian Government Policy To Provide Employment Opportunities For Persons With Disabilities

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Rachmadani Fatria Agung Gumelar ◽  
Martinus Sardi
Keyword(s):  
Human Rights ◽  
Normative Study ◽  
Role Of Government ◽  
Persons With Disabilities ◽  
Library Research ◽  
Government Role ◽  
Role Based ◽  
Specific Regulation ◽  
The Right

Persons with disabilities still find it difficult to find and obtain work because they are considered less productive and incapable to work. However, every human being has human rights including the right to obtain work and to persons with disabilities. This study aims to understand the Indonesian government's role based on human rights instruments' concern for work opportunities. The research used a normative study with a descriptive qualitative analysis which is focused on library research and analysis of the compilation of written data. The author found that the role of government is through policies and realization on the program where the direction not only supervision within sanction to the employer but also develop quality and placement of disabilities workforce, open special labor market and promotion to all stakeholder for providing recruitment. Nonetheless, the national government role in the realization of obligation from the human rights legal instruments both international or national still not comprehensively comply with the provision because the specific regulation relates to employment still have discrimination provision, absence of government technical regulation about disabilities employment, lack of regulation and policy measures to encourage private sectors for hire persons with disabilities.

scholarly journals DAKAR SUMMER SCHOOL AND STRATEGIES FOR SUPPORTING PERSONS WITH DISABILITIES IN THE LIBYAN SOCIETY (AN EXP. IN THE SOCIAL INTEGRATION OF CHILDREN)

2021 ◽  
Vol 03 (03) ◽  
pp. 299-303
Author(s):  
Hassan Mohammed ABUOKATYYIF
Keyword(s):  
Civil Society ◽  
Summer School ◽  
Community Integration ◽  
Civil Society Organizations ◽  
Persons With Disabilities ◽  
Education And Health ◽  
The Social ◽  
War And Conflict ◽  
The Government

Many are strategies to ensure disability in areas of education and health and access to place and information, but in this experience, we are in the role of civil society organizations in providing possible services in the community integration of an important chip, especially the time of crises and wars (The subject of this experience). We aimed to prepare a model for an inclusive and supportive summer club for children with disabilities with ordinary children from 7 to 14 years old, taking into account the awareness and understanding of ordinary students or children and accept them for their counterparts, unity, mobility and others. We have divided the club into many programs, paragraphs and science and put them through video, participation and entertainment as well as many supporting psychosocial and participation and entertainment as well as many supporting mental and social programs and contracted a specialized organization that took it upon itself to study the behaviors and submit reports with the club's specialists. the topics of the club have covered an interactive and entertainment study as well as the science of Quran and development and life skills such as drawing and coloring – young media, theater and crochet – computer principles as well as weekly and monthly encouraging competitions which made us believe that we have been in the theme of cleaving and integration, and this is evident in the clear harmony through competitions, dances, songs, and the fear and tightness and intensity we have noticed at the beginning of the club, which made us seek to mainstream and develop the idea and recommend to the government, private sector and civil society and urged them to conduct efforts for effective participation and ensure persons with disabilities, especially children to remove them from the situation of war and conflict and support their psychological and social balance..

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