Implementing the International Convention on the Rights of Persons with Disabilities in Qatar: From charity to human rights

2016 ◽  
Vol 2016 (1) ◽  
Author(s):  
Pablo Rodríguez del Pozo ◽  
María del Carmen Barranco-Avilés ◽  
Khalid Al Ali ◽  
Rafael de Asís-Roig
Keyword(s):  
Human Rights ◽  
Persons With Disabilities ◽  
International Convention

Os Direitos de Educação de Qualidade das Pessoas com necessidades Educacionais Especiais na Perspectiva Inclusiva

2018 ◽  
Vol 19 (2) ◽  
pp. 130
Author(s):  
Julia Alejandra Pezuk ◽  
Eduardo Natali Della Valentina ◽  
João Fernando Brinkmann dos Santos
Keyword(s):  
Human Rights ◽  
Special Needs ◽  
Developmental Disorders ◽  
Quality Education ◽  
Special Educational Needs ◽  
Persons With Disabilities ◽  
International Convention ◽  
Legal Documents ◽  
Inclusive School ◽  
The Right

A educação é um direito universal de todos os indivíduos que prevê a formação do ser humano no conhecimento disponível. No entanto, sabemos atualmente que a educação requer adequações para diversas situações a fim de que seja inclusiva e para todos, e inclua educandos portadores de necessidade especiais para garantir a eles os mesmos direitos e oportunidades. Nesse contexto entender melhor a qualidade e a forma como a educação é feita para todas as pessoas, especialmente para aqueles indivíduos que tem necessidades especiais é fundamental. Por isso a presente pesquisa refere-se a uma revisão de literatura estruturada pelo tema “o direito à educação de qualidade das pessoas com necessidades educativas especiais na perspectiva inclusiva”. Na busca por entender Assim, por meio desta revisão, se objetiva apontar o direito à educação de qualidade a todos, referenciando diversos documentos legais desde a “Declaração Universal dos Direitos Humanos” de 1948 até a “Convenção Internacional Sobre os Direitos das Pessoas com Deficiência” de 2009, compilando informações e propostas de valorização para o atendimento a pessoas com deficiência, transtornos globais de desenvolvimento e altas habilidades na escola inclusiva. É imprescindível notar que a convergência desses documentos garante acesso, permanência e participação a todos, incluindo, portanto, educandos portadores de necessidades especiais.Palavras-chave: Inclusão. Qualidade. Direito. Educação.AbstractEducation is a universal right for all individuals, also called learners, that guarantee the formation of human using the available knowledge that we have today. However, we currently know that education requires adaptations to diverse situations in order to be inclusive and for all, to be capable to include learners with special needs to guarantee to them the same rights and opportunities. In this context, understanding better the quality and the way education is made for all learner, especially for those individuals who have special needs its fundamental. Therefore, the present research refers to a literature-structured review by the theme "the right to quality education of people with special educational needs in an inclusive perspective". The aim of this review is to highlight the right education with quality for everyone, referencing various legal documents from the Universal Declaration of Human Rights of 1948 to the International Convention on the Rights of Persons with Disabilities "Of 2009, compiling information and valuation proposals for the care of people with disabilities, global developmental disorders and high skills in inclusive school. It is important to note that the convergence of these documents guarantees access, permanence and participation to all learners, including, therefore, students with special needs.Keywords: Inclusion. Quality. Right. Education.

scholarly journals Cinco años de vigencia de la Convención Internacional sobre los Derechos de las Personas con Discapacidad. Avances y retos pendientes

2017 ◽  
pp. 17
Author(s):  
Patricia Cuenca Gómez
Keyword(s):  
Human Rights ◽  
International Law ◽  
Paradigm Shift ◽  
Persons With Disabilities ◽  
International Convention ◽  
National Legislation ◽  
Social Diffusion

<p>This paper intends to make balance of the five years of implementation of the International Convention on the Rights of Persons with Disabilities. Advances and challenges in the implementation of the paradigm shift imposed by this Convention in the treatment of disability in International Law of Human Rights, in national legislation and its social diffusion will be analyzed.</p><p><strong>Published online</strong>: 11 December 2017</p>

The Convention on the Rights of Persons with Disabilities and International Human Rights Law

2018 ◽  
Vol 7 (1) ◽  
pp. 82-102
Author(s):  
Francesco Seatzu
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
International Convention ◽  
Optional Protocol ◽  
Human Rights Treaties ◽  
International Human

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).

scholarly journals ACCESSIBILITY RIGHTS TO PUBLIC FACILITIES FOR DISABILITIES IN INDONESIA

2017 ◽  
Vol 2 (2) ◽  
pp. 221
Author(s):  
Dewi Nurvianti
Keyword(s):  
Human Rights ◽  
Persons With Disabilities ◽  
International Convention ◽  
National Legislation ◽  
Public Facilities ◽  
The Government ◽  
The Right ◽  
Laws And Regulations

The disabilities people in Indonesia, interacting with their environment experienced many obstacles, especially in accessing public facilities. To eliminate all these obstacles, the Government of Indonesia pursues one way of doing so by fulfilling the right to accessibility to public facilities for PwDs. Such fulfillment efforts begin by ratifying the International Convention on Persons with Disabilities that govern the fulfillment of those rights. In addition, the effort taken also to give birth to the national legislation about persons with disabilities namely Law No. 8 of 2016. In the Act is regulated one of several rights, namely the right to accessibility. In this article we will describe the right accesibiltas which is part of human rights and the availability of legal guarantees in Indonesia on the right to accessibility for persons with disabilities in some legislation related to public facilities, namely the right to accessibility to building, spatial and region and transportation. The conclusions presented in this article are, firstly, the right to accessibility is an integral part of the concept of human rights. Secondly, the right to accessibility to public facilities for persons with disabilities is accommodated in several laws and regulations in Indonesia.

India

2018 ◽  
Author(s):  
Shreya Atrey
Keyword(s):  
Human Rights ◽  
Final Analysis ◽  
Case Law ◽  
Social Model ◽  
Disability Rights ◽  
Appellate Courts ◽  
Persons With Disabilities ◽  
High Courts ◽  
The Supreme Court ◽  
Domestic Law

This chapter provides an expository account of Indian appellate courts’ engagement with the Convention on the Rights of Persons with Disabilities (CRPD) and the developing case law on disability rights. As a dualist State, India has ratified but not incorporated the CRPD into its domestic law. This has not deterred frequent references to the CRPD in litigation at the highest level. The appellate courts—High Courts and the Supreme Court—have resorted to the CRPD in diverse ways. The analysis of the small but not insignificant body of case law shows that these instances can be classified into two broad themes of ‘citation’ and ‘interpretation’. In the final analysis, the overall impact of references to the CRPD can be considered largely positive but still modest in the absence of new legislation embracing the human rights framework and social model of the CRPD in India.

Germany

2018 ◽  
Author(s):  
Valentin Aichele
Keyword(s):  
Human Rights ◽  
International Law ◽  
Direct Effect ◽  
Federal Courts ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Public International Law ◽  
Monitoring Mechanism ◽  
International Human ◽  
Human Rights Norms

This chapter analyses the use and interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in sixty-nine decisions of German federal courts between 2009 and mid-2016. German courts’ failure to be proactive in demonstrating ‘friendliness towards public international law’ when dealing with international human rights norms has been criticised. The National CRPD Monitoring Mechanism addressed problems in the application of the law. This chapter investigates the courts’ understanding of basic CRPD concepts, judicial techniques, interpretation methods and specific CRPD provisions. The importance of the concepts of self-executing provisions and direct effect is discussed. In quantitative terms, German courts have referred to the CRPD more often than any other UN international human rights instrument. Furthermore, in qualitative terms, federal courts have become more receptive towards the CRPD. However, it is clear that much of the potential for courts to use the CRPD in the realisation of the rights of persons with disabilities remains untapped.

Council of Europe

2018 ◽  
Author(s):  
Oliver Lewis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Persons With Disabilities ◽  
European Committee ◽  
European Court ◽  
Human Rights Treaties ◽  
Fundamental Freedoms ◽  
Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

scholarly journals Global mental health should engage with the ethics of involuntary admission

2021 ◽  
Vol 15 (1) ◽  
Author(s):  
Marisha N. Wickremsinhe
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health Services ◽  
Clinical Ethics ◽  
Psychiatric Care ◽  
Global Mental Health ◽  
Mental Healthcare ◽  
Involuntary Admission ◽  
Persons With Disabilities ◽  
Psychosocial Disability

AbstractGlobal mental health, as a field, has focused on both increasing access to mental health services and promoting human rights. Amidst many successes in engaging with and addressing various human rights violations affecting individuals living with psychosocial disabilities, one human rights challenge remains under-discussed: involuntary inpatient admission for psychiatric care. Global mental health ought to engage proactively with the debate on the ethics of involuntary admission and work to develop a clear position, for three reasons. Firstly, the field promotes models of mental healthcare that are likely to include involuntary admission. Secondly, the field aligns much of its human rights framework with the UN Convention on the Rights of Persons with Disabilities, which opposes the discriminatory use of involuntary admission on the basis of psychosocial disability or impairment. Finally, global mental health, as a field, is uniquely positioned to offer novel contributions to this long-standing debate in clinical ethics by collecting data and conducting analyses across settings. Global mental health should take up involuntary admission as a priority area of engagement, applying its own orientation toward research and advocacy in order to explore the dimensions of when, if ever, involuntary admission may be permissible. Such work stands to offer meaningful contributions to the challenge of involuntary admission.

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