From Disability Rights to the Rights of the Dying (and Back Again

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Harold Braswell

2017-12-01

Full Text Available This article argues for civil rights for dying people. The creation of such rights should be understood as complementary to, but distinct from, existing initiatives to provide dying people with social benefits. A basis for rights for terminally ill people can be found in the disability rights movement. Through an ethnographic case study of two dying individuals, I argue that terminally ill people can be subjected to disability discrimination as it is understood within the dominant theoretical framework of disability rights: the social model of disability. Nevertheless, while disability rights provides a theoretical basis for understanding discrimination against people who are dying, existing U.S. disability rights legislation largely does not recognize, nor address this discrimination. For this reason, it is necessary to develop a separate set of rights of the dying. I conclude by arguing that such “dying rights” are a logical extension of disability rights, and will bring ancillary benefits to both disabled people and the disability rights movement itself. There is thus a strong foundation for a legal and political alliance between disability rights advocates and advocates for people who are dying.

Sexual rights and disability.

Science.gov (United States)

Di Nucci, Ezio

2011-03-01

This paper argues against Appel's recent proposal-in this journal-that there is a fundamental human right to sexual pleasure, and that therefore the sexual pleasure of severely disabled people should be publicly funded-by thereby partially legalising prostitution. An alternative is proposed that does not need to pose a new positive human right; does not need public funding; does not need the legalisation of prostitution; and that would offer a better experience to the severely disabled: charitable non-profit organisations whose members would voluntarily and freely provide sexual pleasure to the severely disabled.

Hidden Contradictions and Conditionality: Conceptualisations of Inclusive Education in International Human Rights Law

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Byrne, Bronagh

2013-01-01

The nature of education that children with disabilities should receive has been subject to much debate. This article critically assesses the ways in which the international human rights framework has conceptualised "inclusive education". It argues that the right to education for children with disabilities in international law is…

"A Lesson in Love": The Right to Autonomy of the Disabled

Directory of Open Access Journals (Sweden)

Fernanda Holanda Fernandes

2016-06-01

Full Text Available The International Convention on the Rights of Persons with Disabilities aims to promote the autonomy of these individuals. In this context, it guarantees the right to sexuality, family pool, legal recognition, civil and political rights, etc. From this perspective, the goal is to understand autonomy as an element of human dignity and the theoretical foundations of exercise for people with disabilities. As an example, presents the movie "I Am Sam" in the history of a parent with mental retardation and their legal battle for custody of their daughter.

Embracing the New Disability Rights Paradigm: The Importance of the Convention on the Rights of Persons with Disabilities

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Harpur, Paul

2012-01-01

In 2008 the United Nations Convention on the Rights of Persons with Disabilities (CRPD) commenced operation. The CRPD has created a dynamic new disability rights paradigm that empowers disability people's organizations and creates a new paradigm for disability scholars. This paper analyses the impact of the CRPD and provides practical guidance as…

Violence and abuse against people with disabilities: A comparison of the approaches of the European Court of Human Rights and the United Nations Committee on the Rights of Persons with Disabilities.

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Lewis, Oliver; Campbell, Ann

This paper explores how, and how effectively, two systems of international law have addressed exploitation, violence and abuse of people with mental disabilities. The two international systems reviewed were the Council of Europe's European Court of Human Rights and the United Nations Committee on the Rights of Persons with Disabilities. The two issues dealt with are (a) forced institutionalisation and denial of community-based services and (b) medically-sanctioned treatment as abuse or violence. The paper offers a comparative analysis of the way in which the two bodies have dealt with exploitation, violence and abuse of people with disabilities, and offers recommendations as to how the two bodies could adjust their approaches to come into closer alignment. Copyright © 2017. Published by Elsevier Ltd.

Precision Medicine and Advancing Genetic Technologies—Disability and Human Rights Perspectives

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Aisling de Paor

2016-08-01

Full Text Available Scientific and technological developments are propelling genetics and genetic technologies into the public sphere. Scientific and technological innovation is becoming more refined, resulting in an increase in the availability and use of genetic testing, and other cutting edge genetic technologies, including gene editing. These genetic advances not only signal a growing trend towards precision medicine, but also provoke consideration of the protection of genetic information as an emerging human rights concern. Particular ethical and legal issues arise from a disability perspective, including the potential for discrimination and privacy violations. In consideration of the intersection of genetics and disability, this article highlights the significant concerns raised as genetic science and technology advances, and the consequences for disability rights, particularly the core concepts of non-discrimination, and respect for diversity and difference. On examining international human rights perspectives, it looks particularly at the UN Convention on the Rights of Persons with Disabilities and how it may be used to guide best practice in this area. With an acknowledgement of historical abuses of genetic science, this article highlights the need to maintain caution as to the potential consequences of advancing genetic technologies on persons with disabilities and indeed on society as a whole.

The Right to Work by the Persons with Disabilities in the Public Sphere

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Milena Sousa de Oliveira

2015-12-01

Full Text Available The strugles lived by the persons with disabilities on their quest for attaining their proper rights have taken the shape of a true democratic battle with the increasing number of persons in this situation and the uprise in their worldwide influence. The advances reached by this minority group have drawn, at first, international attention and, subsequently, national acceptance, leading to the signature of the New York Covention, in 2008. In fact, the equality principle - treating the equals equally and the unequals unequally - looses its meaning without the defiinition of what are these inequalities and who are the people who suffer from it. One of the main approaches for achieving equality is by protecting these people's right to work, inclusive within the public sphere. Work a productive act of citizenship and, as such, cannot be denied or limited due to the disability. For the persons with disabilities, working in the public service is a challenge which has been only partially solved. Although their access to jobs in the public service has been widely guaranteed, it is still necessary to ensure the essential conditions for the effective accomplishment of their assigned duties. The main goal of this paper is to analize the evolution of the national and international law in terms of the current understanding that implementing the rights of people with disabilities should be centered on inclusion. After a brief investigation of the legislation protecting the rights of the people with disabilities, we make a detailed study of the internal, State and Federal Law in order to identify the presence or absence of regulations that promote the adaptation or readaptation of workers with disabilities. The analysis will be focused on the comparison between the worker's attained post and his/hers actual duties and the responsabilities, specially in the cases on which the readaptation process act in terms of promoting the exclusion of the person with

Analysis of the recent international documents toward inclusive education of children with disabilities

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Tabatabaie Minou

2012-01-01

Full Text Available Analysis of various international documents clearly suggests that international documents have provided a significantmotivation to efforts undertaken at the national level about education of children with disabilities. UN Convention on theRights of the Child imposed a requirement for radical changes to traditional approaches to provision made for children withdisabilities. One year later, the 1990 World Conference on Education for all focused attention on a much broader range ofchildren with disabilities who may be excluded from or marginalized within education systems. Its development has involveda series of stages during which education systems have explored different ways of responding to children with disabilities andothers who experience difficulties in learning. This conference declared the inclusive education is regarded as the only meansto achieve the goal of "Education for All". This trend was reaffirmed by next international documents. And finally, accordingto the article 24 of the Convention on the rights of persons with disabilities, disabled persons should be able to accessgeneral tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equalbasis with others through reasonable accommodation of their disabilities. All of these documents played an important role inbringing the attention on to children with disabilities, especially on education as a vehicle for integration and empowerment.This research examines the new international trends occurring regarding the education of children with disabilities and finallyresults that the new trends show a movement from special education to inclusive education and moving from seclusion toinclusion and provide that solutions must focus on prevention, cure and steps to make these children as normal as possible.In this regard, States must ensure the full realization of all human rights and fundamental freedoms for all disabled people,on an

Reproductive autonomy of women and girls under the Convention on the Rights of Persons with Disabilities.

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Ngwena, Charles G

2018-01-01

Women and girls with disabilities have historically been denied the freedom to make their own choices in matters relating to their reproduction. In the healthcare sector they experience multiple discriminatory practices. Women and girls with intellectual disabilities are particularly vulnerable to coerced or forced medical interventions. The present article considers the contribution the Convention on the Rights of Persons with Disabilities makes towards affirming the rights of women and girls with disabilities to enjoy reproductive autonomy, including autonomy related to reproductive health, on an equal basis with individuals without disabilities. The Convention is paradigm-setting in its maximal approach to affirming the rights of individuals with disabilities to make autonomous choices under conditions of equality and non-discrimination. The Convention is the first human rights treaty to clearly affirm that impairment of decision-making skills is not a justification for depriving a person with cognitive or intellectual disability of legal capacity. © 2017 International Federation of Gynecology and Obstetrics.

Disabled Children: The Right to Feel Safe

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Mepham, Sarah

2010-01-01

This article explores the fundamental right of disabled children to feel safe and be free from bullying, harassment and abuse. The article proposes that, 20 years since the United Nations Convention on the Rights of the Child, disabled children are still facing barriers to securing this right. The article focuses on recent Mencap research that…

The Intersection of Intellectual Disability and Dementia: Report of The International Summit on Intellectual Disability and Dementia.

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Watchman, Karen; Janicki, Matthew P

2017-11-02

An International Summit on Intellectual Disability and Dementia, held in Glasgow, Scotland (October 13-14, 2016), drew individuals and representatives of numerous international and national organizations and universities with a stake in issues affecting adults with intellectual disability (ID) affected by dementia. A discussion-based consensus process was used to examine and produce a series of topical reports examining three main conceptual areas: (a) human rights and personal resources (applications of the Convention for Rights of People with Disabilities and human rights to societal inclusion, and perspectives of persons with ID), (b) individualized services and clinical supports (advancing and advanced dementia, post-diagnostic supports, community supports and services, dementia-capable care practice, and end-of-life care practices), and (c) advocacy, public impact, family caregiver issues (nomenclature/terminology, inclusion of persons with ID in national plans, and family caregiver issues). Outcomes included recommendations incorporated into a series of publications and topical summary bulletins designed to be international resources, practice guidelines, and the impetus for planning and advocacy with, and on behalf of, people with ID affected by dementia, as well as their families. The general themes of the conceptual areas are discussed and the main recommendations are associated with three primary concerns. © The Author 2017. Published by Oxford University Press on behalf of The Gerontological Society of America. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

Bad Bedfellows: Disability Sex Rights and Viagra

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Wentzell, Emily

2006-01-01

The disability rights movement grounds material critiques of the treatment of people with disabilities in a social constructionist perspective, locating disability in the social rather than physical realm, and demedicalizing the concept of disability. However, this conceptualization is threatened by the medicalization of non-normative erections as…

Characteristics of international websites with information on developmental disabilities.

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Reichow, Brian; Gelbar, Nicholas W; Mouradjian, Keri; Shefcyk, Allison; Smith, Isaac C

2014-10-01

The Internet often serves as a primary resource for individuals seeking health-related information, and a large and growing number of websites contain information related to developmental disabilities. This paper presents the results of an international evaluation of the characteristics and content of the top 10 ranked results (i.e., not including sponsored results - pay-per-click) returned when one of five terms related to developmental disabilities (i.e., ADHD, autism, down syndrome, learning disability, intellectual disability) was entered into one of six country specific Google online search engines (i.e., Australia (https://www.google.com.au), Canada (https://www.google.ca), Ireland (https://www.google.ie), New Zealand (https://www.google.co.nz), the United Kingdom (https://www.google.co.uk), and the United States (https://www.google.com)) on October 22, 2013. Collectively, we found that international consumers of websites related to developmental disabilities will encounter different websites with differing content and terminology, and should be critical consumers to ensure they locate the information they are seeking. Copyright © 2014 Elsevier Ltd. All rights reserved.

Legal capacity as a universal human right and a determinant of social status of people with mental disability

OpenAIRE

Marković Milan M.

2012-01-01

Adoption of the UN Convention on the Right of Persons with Disabilities (2006) brought about a core shift to how the international community and human rights law see and treat human disability in general. This paradigm shift materilizes itself in a number of provisions ranging from those which catalogue the proclaimed human rights as they are in the context of special implementation and protection of people with disabilities, to those that introduce a level of specificity in light of th...

Integrating People with Disabilities: Their Right--Our Responsibility

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Isaac, Rebecca; Raja, B. William Dharma; Ravanan, M. P.

2010-01-01

A full understanding of disability recognizes that it has a powerful human rights dimension and is often associated with social exclusion, and increased exposure and vulnerability to poverty. Disability is a human rights issue. The World Bank (1999) report points out that one in five of the world's poorest are disabled, for whom access to basic…

45 CFR 1385.4 - Rights of individuals with developmental disabilities.

Science.gov (United States)

2010-10-01

... university affiliated programs or for projects of national significance grants must also contain an assurance... DISABILITIES, DEVELOPMENTAL DISABILITIES PROGRAM REQUIREMENTS APPLICABLE TO THE DEVELOPMENTAL DISABILITIES PROGRAM § 1385.4 Rights of individuals with developmental disabilities. (a) Section 110 of the Act, Rights...

Survival, Disability Rights, and Solidarity: Advancing Cyberprotest Rhetoric through Disability March

OpenAIRE

Benjamin W. Mann

2018-01-01

Disability March (DM) was an online contingent of the 2017 Women's March on Washington which allowed protestors who could not attend physical marches due to disabilities to create profiles and descriptions on the website disabilitymarch.com. In this thematic analysis of the 2,251 profiles created through DM, I found emergent themes related to disability disclosure, support for broad health care coverage, support for human rights, and opposition to the new political administration. Comments su...

Survival, Disability Rights, and Solidarity: Advancing Cyberprotest Rhetoric through Disability March

Directory of Open Access Journals (Sweden)

Benjamin W. Mann

2018-02-01

Full Text Available Disability March (DM was an online contingent of the 2017 Women's March on Washington which allowed protestors who could not attend physical marches due to disabilities to create profiles and descriptions on the website disabilitymarch.com. In this thematic analysis of the 2,251 profiles created through DM, I found emergent themes related to disability disclosure, support for broad health care coverage, support for human rights, and opposition to the new political administration. Comments supporting these themes demonstrated that DM functioned as a unique form of cyberprotest that upheld disabled perspectives through solidarity. This study demonstrates that disability cyberprotest movements like DM may promote disabled individuals within broader protest discourse and contemporary policy issues that are often essential to the survival and well-being of marginalized individuals.

Disability Discrimination and the Right of Disabled Persons to ...

African Journals Online (AJOL)

Inequality, discrimination and transformation remain the key challenges which ... disabilities through the enactment of the Employment Equity Act 55 of 1998. ... their constitutional rights to equality, freedom and human dignity, and further, that it ...

Same law-same rights? Analyzing why Sweden's disability legislation failed to create equal rights in mental health.

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Maycraft Kall, Wendy

2014-01-01

This article analyzed the apparent paradox of disability rights in Sweden. Despite strong welfare state traditions and stated Government ambitions to create generous statutory entitlements for all disabled people using a single, comprehensive Disability Act, psychiatric disabilities were principally excluded from the Disability Act's rights and provisions. The study focused on Sweden's Mental Health Reform and Disability Reform using governance perspectives that traced and analyzed the policy-processes of both reforms. Theoretically guided analytical frameworks were developed to help understand the divergent reform outcomes. The first focused on legislative arguments of regulatory specificity and legal enforcement mechanisms to consider whether the Disability Act was formulated in a manner that was easier to apply to certain disabilities. The second analyzed ideological arguments and the influence of Government political beliefs that signaled specific reform 'visions' to implementers and thereby influenced policy implementation. The main findings are that both perspectives matter as the dual influences of legislative and ideological differences tended to exclude mental health service users from the Act's generous disability rights. The overall conclusion was that while legislation was an important regulatory mechanism, the Government's underlying ideological reform vision was also an essential governance instrument that signaled Government intentions to implementing agencies and thus influenced the creation of enduring disability rights. Copyright © 2014 Elsevier Ltd. All rights reserved.

Indigenous Australians, Intellectual Disability and Incarceration: A Confluence of Rights Violations

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Claire E. Brolan

2018-02-01

Full Text Available Abstract: This article reviews the health and wellbeing of Aboriginal and Torres Strait Islander Australians with intellectual disability in the Australian prison system through a human rights lens. There is an information gap on this group of Australian prisoners in the health and disability literature and the multi-disciplinary criminal law and human rights law literature. This article will consider the context of Indigenous imprisonment in Australia and examine the status of prisoner health in that country, as well as the status of the health and wellbeing of prisoners with intellectual disability. It will then specifically explore the health, wellbeing and impact of imprisonment on Indigenous Australians with intellectual disability, and highlight how intersectional rights deficits (including health and human rights deficits causally impact the ability of Indigenous Australians with intellectual disability to access due process, equal recognition and justice in the criminal justice and prison system. A central barrier to improving intersectional and discriminatory landscapes relating to health, human rights and justice for Indigenous Australian inmates with intellectual disability, and prisoners with intellectual disability more broadly in the Australian context, is the lack of sufficient governance and accountability mechanisms (including Indigenous-led mechanisms to enforce the operationalisation of consistent, transparent, culturally responsive, rights-based remedies.

A Clash of Conventions? Participation, Power and the Rights of Disabled Children

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Ralph Sandland

2017-09-01

Full Text Available This article considers the neglected topic of the relationship between the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, with regard to the participation rights of disabled children. It analyses key articles in both conventions and considers relevant general comments from both convention committees (the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities, and their interpretation by academic contributors. The article argues that much work on this topic fails to develop an adequate understanding of power relations, and that the ‘social model of disability’ which underpins the disabilities convention, when applied to ‘childhood’ (as opposed to ‘children’ suggests that the implications of that convention for the participation rights of all children, not only disabled children, are profound. This is because the disabilities convention rejects the relevance of tests of capacity and ‘best interests’ for disabled adults, for reasons which are equally germane to disabled children, and children in general. The article concludes with discussion of the difficulties in implementing the insights derived from the analysis of the disabilities convention in substantive law in the absence of a right to freedom from age discrimination for children, and suggests other, less far-reaching, reforms that could be made this notwithstanding.

Disability Discrimination and the right of disabled persons to access

African Journals Online (AJOL)

StudentLab

jurisprudence of the United States of America as well as to guidelines provided ... gender discrimination, but also disability discrimination especially, in the workplace, ..... Montalti and Bellengère "Is a right to affirmative action the solution to the.

THE EMPLOYMENT RIGHTS OF DISABLED PEOPLE IN THE REPUBLIC OF MACEDONIA

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Daniela Koceva

2016-07-01

Full Text Available The analyses of the legal framework concerning the employment rights of the disabled people in the Republic of Macedonia is a significant research challenge because of its importance regarding the employment rights regulation of the disabled people in all. When analyzing the regulation regarding the disabled people, the editing of their rights is of great importance as a source and promoter of many crucial changes and value components when creating a democratic society with no discrimination. Considering this, the influence of the degree of respecting the value principles and standards is particularly emphasized along with the human rights and freedom of the disabled people when it comes to the development of the democracy and the rule of law. The purpose of this paper is to analyze the Macedonian legal framework for the employment rights of the disabled people and to present the provisions of the most important legal acts concerning this subject.

Health care access and support for disabled women in Canada: falling short of the UN Convention on the Rights of Persons with Disabilities: a qualitative study.

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Gibson, Barbara E; Mykitiuk, Roxanne

2012-01-01

The United Nations Convention on the Rights of Persons with Disabilities and other international human rights conventions guarantee the fundamental human rights to physical, social, and psychological health. The purpose of this study was to examine whether these rights are being upheld in Canada for disabled women. An interpretive, qualitative, focus group design was employed. Participants were women 18 to 67 years of age with a self-identified physical, sensory, cognitive, and/or psychiatric impairment. Eleven focus groups were conducted with 74 disabled women from urban and rural settings in Northern Ontario, Manitoba, and Nova Scotia. The data were analyzed for themes using a flexible coding system derived from and consistent with the research objectives and the study's human rights framework. Participants described multiple intersecting factors that impeded or facilitated access to health care. Services included both generic health services and impairment-specific services. Participants experienced a number of barriers accessing professionals, support programs, and services. These are described under three broad themes: 1) Labyrinthine health service 'systems,' 2) assumptions, attitudes, and discriminatory practices, and 3) inadequate sexual health or reproductive services and supports. The results suggest that Canada falls significantly short of guaranteeing disabled women's human rights to access health care supports and services. Access barriers resulted from the inefficiencies and complexities of the multiple agencies and programs that disabled women had to navigate, difficulties accessing information on available services, and negative attitudes of some health and social service providers. Copyright © 2012 Jacobs Institute of Women's Health. Published by Elsevier Inc. All rights reserved.

The Paralympic Movement: using sports to promote health, disability rights, and social integration for athletes with disabilities.

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Blauwet, Cheri; Willick, Stuart E

2012-11-01

Competitive sports for people with disabilities has grown rapidly over the past several decades, and opportunities for participation are increasingly available throughout the spectrum from developmental to elite. The Paralympic Games, seen as the pinnacle sporting event that represents the broader Paralympic Movement, has provided a platform to showcase the abilities of people with disabilities while also serving as a catalyst for disability rights through ensuring integration, equality of opportunity, and accessibility of the built environment. Concurrently, media coverage of the Paralympic Games has led to an increased awareness of opportunities for sport participation for individuals with disabilities and, with it, the adjustment of norms regarding expectations for exercise as a component of preventive health. In addition, there is evidence of the power of sports to stimulate confidence, self-efficacy, and a self-perceived high quality of life for individuals with disabilities above and beyond the basic benefits to cardiometabolic fitness. When taken together, the promotion of health, disability rights, and social integration through sports has the power to transform the lives of those who participate and to further stimulate the expansion of opportunities available to the next generation of athletes with disabilities. Copyright © 2012 American Academy of Physical Medicine and Rehabilitation. Published by Elsevier Inc. All rights reserved.

Labour Law for Persons with Disability in Iran: From First International Efforts to Decent Work

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Saeed Reza Abadi

2012-04-01

Full Text Available Objective: Analysis and Matching the legal system of Work for Persons with disability in Iran with Standards of International Labor Organization concerning to Decent Work. Materials & Methods: In this descriptive – Analytic study , after studying International efforts around Labor law for Persons With Disability , in the context of general and special Human rights documents and ILO ‘s Standards, the present Legal system for the work of persons with disability in Iran, Include Laws and Regulations has been considered by Using the Library – documentation method. Results: In the scope of fundamental Rights, Iranian legal system 1- About Disabled compulsory Work has enough guarantees like other workers, and there is not any deficiency. 2- About Freedom of syndicalism: there is not any deficiency too, and there is not any limitation for Disabled workers and employers membership in present associations. 3- In subject of equal remuneration, despite of non-ratification any special approval, but the Base Wage has determined the same for disabled workers (like the others in article 41 of the Labor Law. 4- About nondiscrimination, also based on present legal foundations, any kind of discrimination because of disability has been prohibited, and in field of employment, by ratification the comprehensive law recently in 2004 and by joining to convention for persons with disability in 2008 has taken serious steps too. Specially the significant gap of facilities presented in various areas of rationing public sector employment, Direct and Indirect Educational services for entering the labor market , and self –employment between war reterans and other groups of disability has been narrowed. Conclusion: Based on results of present comparative research, legal principles for fundamental Rights of vocation for people with disabilities in Iran attempt to meet the basic standards of Decent Work and thus it seems that the crucial issue, besides the passing the

Role of Self-help Groups in Promoting Inclusion and Rights of Persons with Disabilities

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K P Kumaran

2011-10-01

Full Text Available Purpose:This study examined the role of self help groups in addressing some of the problems faced by persons with disabilities such as social exclusion, discrimination, lack of awareness about their rights and privileges, and absence of livelihood programmes.Method: One hundred persons with disabilities were randomly drawn for the study from 50 self help groups in 2 districts that were covered under a popular poverty alleviation programme implemented by the state of Andhra Pradesh  in India.  An interview schedule was used to collect information.Results: Before joining the group, some of the persons with disabilities were mostly confined to their houses, and viewed as less productive and incapable of leading a ‘normal’ life. After joining the groups, they came out of their seclusion and started to work together for their collective welfare and development. They gained knowledge about their rights and privileges and started income generation activities with the help of loans made available to them.  They gained better acceptance within their families, but attitudes of their communities was slower to change. A feeling that “disability is not inability” seemed to have been internalized among the members of the groups.Conclusion: Self-help groups can be very effective in helping persons with disabilities to come out of their isolation and in promoting their participation and inclusion in societal mainstream.Key Words: Self-help group, persons with disabilitiesdoi 10.5463/DCID.v22i2.78

Disability, Access to Food and the UN CRPD: Navigating Discourses of Human Rights in the Netherlands

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Mitzi Waltz

2018-03-01

Full Text Available In 2016, the Netherlands ratified the UN Convention on the Rights of Persons with Disabilities (UN CRPD, one of the last developed nations to do so. In this article, we explore how equal access to food provides a lens through which barriers to implementing a rights-based approach to disability equality can be examined in countries that are historically resistant to such discourses. Through a literature review, policy research, and interviews with disabled people, representatives of disabled people’s organisations, Dutch legal scholars, food researchers, and foodbanks, we have explored barriers to equal food access in the Netherlands, and current approaches to overcoming social, economic and physical barriers. Our analysis indicates that implementation of the UN CRPD and other relevant international and EU policies continues to be limited in the Netherlands due to narrow interpretations, leading to policies and practices that do not foster equal access to resources and environments. Dutch understandings of disability equality are evolving, but encounter opposition from an entrenched system of separation and resistance to mandating change, including a reluctance to even collect data about inequality. From this basis, we identify knowledge gaps and make recommendations for steps the Netherlands could take to ensure equal access to food.

Disability Discrimination and the Right of Disabled Persons to Access the Labour Market

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MC Marumoagae

2012-03-01

Full Text Available Inequality, discrimination and transformation remain the key challenges which most employers are faced with in the South African labour market. Key among such challenges has also been employers' ability to ensure that persons with disabilities access the labour market. In this paper I highlight employment discrimination experienced by persons with disabilities in South African workplaces, which often prohibits them from accessing employment opportunities. I argue that employers need to consider employing persons with disabilities and also reasonably to accommodate them within South African workplaces. I further illustrate efforts by the legislature to eradicate forms of unjustified discrimination against persons with disabilities through the enactment of the Employment Equity Act 55 of 1998. I argue that all of us need to understand how cultural, social, physical and other barriers continue to prevent persons with disabilities in South Africa from enjoying their constitutional rights to equality, freedom and human dignity, and further, that it is desirable that society at large and government work together towards eradicating barriers which prevent persons with disabilities from accessing the labour market.

A Handbook on Legal Rights of Developmentally Disabled People in Massachusetts.

Science.gov (United States)

Ambrogi, Robert; And Others

The handbook provides information in question-and-answer format on the legal rights of developmentally disabled persons, focusing on those in the state of Massachusetts. An introductory section discusses developmental disabilities and advocacy. The main section, on legal rights, covers such areas as discrimination (including Section 504 of the…

Rights in mind: Thinking differently about dementia and disability.

Science.gov (United States)

Shakespeare, Tom; Zeilig, Hannah; Mittler, Peter

2017-01-01

The aim of this paper is to argue for the utility of a relational model of disability, as a way of conceptualizing dementia. We explore whether dementia should be considered as a disability, and whether people with dementia might consider themselves as disabled people. We review examples of, and issues raised by, the political activism of people with dementia. We consider how language constructs dementia negatively. We discuss how the environment influences the experience of dementia. In conclusion, we show that a relational model of dementia lays the basis for a human rights approach to the condition, based on collaborative partnerships between people with dementia and people from other disability communities.

Disabling Discourses and Human Rights Law: A Case Study Based on the Implementation of the UN Convention on the Rights of People with Disabilities

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Liasidou, Anastasia

2016-01-01

This article examines the symbolic power of language to construct and convey disabling discourses, albeit ample rhetoric, on the need to reinstate and safeguard disabled people's human rights and entitlements. The role of language and its discursive ramifications need to be explored and problematized in the light of legal mandates and…

Legal Rights & Intellectual Disability: A Short Guide.

Science.gov (United States)

Hall, Julia, Ed.; And Others

The book examines actions that may be taken to redress wrongs illegally perpetrated against people with intellectual disabilities in New South Wales, Australia. Ten topic areas are addressed (sample subtopics in parentheses): protecting rights (complaints to government departments, use of the ombudsman); discrimination (legal aid); personal…

Human rights of refugee-survivors of sexual and gender-based violence with communication disability.

Science.gov (United States)

Marshall, Julie; Barrett, Helen

2018-02-01

Article 19 of the Universal Declaration of Human Rights (United Nations, 1948 ) states that all people have the right to seek, receive and impart information using any means. Ensuring that people with communication disability achieve this right is inherently challenging. For people with communication disability, who are refugee-survivors of sexual and gender-based violence (SGBV), additional human rights are challenged, including the right to education, protection from discrimination, a safe place to live, security of person and legal protection. Their experiences and needs, however, are poorly understood. This paper reports on a literature review of the intersectionality between SGBV, being a refugee and having a communication disability, and a preliminary investigation of the situation of refugee-survivors of SGBV with communication disability, in Rwanda. The project involved 54 participants, including 50 humanitarian and partner organisation staff and four carers of refugees with communication disabilities, from two locations (camp-based and urban refugees). Findings from both revealed that, for people with communication disability, barriers are likely to occur at each step of preventing and responding to SGBV. Moreover, stigmatisation of people with communication disability challenges SGBV prevention/support and people with communication disability may be targeted by SGBV perpetrators. SGBV service providers acknowledge their lack of knowledge and skills about communication disability, but wish to learn. Findings highlight the need for increased knowledge and skill development, in order to improve the situation for refugee-survivors of SGBV with communication disability.

The inclusion of disability as a condition for termination of parental rights.

Science.gov (United States)

Lightfoot, Elizabeth; Hill, Katharine; LaLiberte, Traci

2010-12-01

All 50 states and the District of Columbia have statutes outlining the grounds for terminating parental rights (TPR) in relation to child abuse and neglect. Although recent research has found that parents with disabilities are not more likely to maltreat their children than parents without disabilities (Glaun & Brown, 1999; Oyserman, Mowbray, Meares, & Firminger, 2000), studies have found very high rates of TPR of parents with disabilities (Accardo & Whitman, 1989). The objective of this study is to examine how states are including disability in their TPR statutes. This study used legal document analysis, consisting of a comprehensive Boolean search of the state codes of the 50 states and District of Columbia (DC) relating to TPR, using the most recent state code available on Lexis-Nexis in August 2005. TPR and related statutes were searched for contemporary and historical disability related terms and their common cognates, such as: "mental," "disability," "handicap," and "incapacity." Two researchers independently conducted the searches, and the searches were reconciled. A code list was then developed to measure for inclusion of disability, preciseness, scope, use of language, and references to accessibility or fairness. Statutes were then reanalyzed, and groupings developed. Thirty-seven states included disability-related grounds for termination of parental rights, while 14 states did not include disability language as grounds for termination. Many of these state codes used outdated terminology, imprecise definitions, and emphasized disability status rather than behavior. All of the 14 states that do not include disability in TPR grounds allowed for termination based on neglectful parental behavior that may be influenced by a disability. The use of disability language in TPR statutes can put an undue focus on the condition of having a disability, rather than parenting behavior. This paper recommends that states consider removing disability language from their

LEGAL ANALYSIS OF ARTICLE 7 OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: CHILDREN WITH DISABILITIES

Directory of Open Access Journals (Sweden)

IGNACIO CAMPOY CERVERA

2017-12-01

Full Text Available The aim of this article is to carry out an in-depth analysis of Article 7, “Children with disabilities”, of the Convention on the Rights of Persons with Disabilities. First of all it is explained how the Article 7 is the result of two different models of human rights: the “renewed” protectionism in relation with the children’s rights and the social model in relation with the rights of persons with disabilities. After, it is explained how was the development of the creation of Article 7 within the Ad Hoc Committee which was created for the elaboration of the Convention. In an extensive section it is analysed the wording of Article 7, particularly taking account of the General Comments of the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child. Finally, the analysis of the meaning and scope of Article 7 is completed, taking into account other articles of the Convention and the jurisprudence of the European Court of Human Rights.

Disability Rights, Gender, and Development: A Resource Tool for Action. Full Report

Science.gov (United States)

de Silva de Alwis, Rangita

2008-01-01

This resource tool builds a normative framework to examine the intersections of disability rights and gender in the human rights based approach to development. Through case studies, good practices and analyses the research tool makes recommendations and illustrates effective tools for the implementation of gender and disability sensitive laws,…

"The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

Science.gov (United States)

Perlin, Michael L

2014-01-01

In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work. Copyright © 2014 Elsevier Ltd. All rights reserved.

Educating for an Inclusive World: Lessons Learned from a Globally Networked Human Rights and Disability Course for Social Work and Law Students

Science.gov (United States)

Critelli, Filomena; Lewis, Laura; Méndez-López, Adalberto

2017-01-01

This article examines an innovative model of online international education regarding disability through a human rights perspective piloted through a collaboration between Universidad LaSalle, Mexico, and University at Buffalo, United States. The course is organized around a pressing global human rights and development issue. Its objective is to…

Disability Rights, Music and the Case for Inclusive Education

Science.gov (United States)

Lubet, Alex

2011-01-01

Participation in music is both a human right and a disability right. Music is a human need in the Darwinian (not Social Darwinian) evolutionary sense. Similarly, inclusion is an evolved capacity, beneficial to human perpetuation. The policing of music resembles authoritarian regulation of other forms of allegedly pleasurable but actually vital…

The Convention on the Rights of Persons with Disabilities: Notes on Genealogy and Prospects

Science.gov (United States)

Winzer, Margret; Mazurek, Kas

2014-01-01

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…

Human rights and intellectual disabilities in an era of 'choice'.

Science.gov (United States)

Fyson, R; Cromby, J

2013-12-01

Efforts to uphold and promote the human rights of people with intellectual disabilities (ID) are being affected by the increasing emphasis on 'choice' in the delivery of social care services. While rights presume subjects or selves to whom they apply, there is a disconnect between the subjects presumed within human rights frameworks and the variable capacities of a heterogeneous ID population. This disconnect is amplified by choice discourses which characterise current service provision based upon neoliberal ideologies. Conceptual assumptions and theoretical positions associated with human rights in relation to people with ID are critically examined. The analysis results in an argument that current conceptualisations of personhood in relation to human rights exclude people with ID. The adverse effects of this exclusion are exacerbated within services which emphasise the permissive rights associated with a neoliberal agenda of 'choice' over protective rights. In order to ensure that the human rights of people with ID are upheld, neoliberal emphases on choice need to be tempered and a more nuanced and inclusive notion of personhood in relation to universal human rights needs to be adopted. © 2012 The Authors. Journal of Intellectual Disability Research © 2012 John Wiley & Sons Ltd, MENCAP & IASSID.

Civil rights for people with disabilities: obstacles related to the least restrictive environment mandate.

Science.gov (United States)

Palley, Elizabeth

2009-01-01

State and other social service agencies as well as service providers are governed by laws that often provide unclear guidance regarding the rights of people with disabilities. Although some standards can be, and have been, developed to protect the rights of people with disabilities, all people with disabilities are not the same and therefore, each can require very different types of accommodations. Some aspects of disability rights must be individually based, including the requirement that people with disabilities receive educational services in the least restrictive environment and care in the most inclusive setting. The current interpretation of these mandates suggests that agency decisions rely on professional judgments. Unless professionals work with their clients, this reliance can serve to disempower those whom the law was intended to protect. Though much debated, the legal definition of a person with a disability is unclear. This article examines the concept of disability and that of the least restrictive environment as well as that of the "most inclusive setting," explains to whom they apply, discusses how they have been defined both in statutes and case law, and elaborates on the role of social workers as a result of the law's reliance on professional judgment in ascertaining client rights.

Expanding the horizons of disability law in India: a study from a human rights perspective.

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Chopra, Tushti

2013-01-01

Disabled/"differently abled" persons by virtue of being human have the right to enjoy human rights to life, liberty, equality, security, and dignity. However, due to social indifference, psychological barriers, a limited definition of "disability" entitling protection of law, and a lack of proper data, disabled persons in India remain an invisible category. Although several laws exit to ensure their full and effective participation in society, they remain insufficient as they are primarily based on the government's discretion. At the same time, whenever the judiciary finds an opportunity, it acts as a real protector of disabled persons, but it is not feasible to knock on the door of the judiciary for every request. Interestingly, various civil societies and human rights activists have occasionally asserted the rights of the disabled. However, unless the foundation stones of law are fortified, disabled persons cannot fully realize their rights. It is high time to enact effective laws, with timely implementation, to protect their interests and empower their capabilities that are based on a "rights-based approach" rather than on the charity, medical, or social approaches. Thus, the horizons of law must be expanded to provide a "human friendly environment" for all of the disabled to overcome the barriers that impair their development. © 2013 American Society of Law, Medicine & Ethics, Inc.

Afrikaans-speaking parents' perceptions of the rights of their children with mild to moderate intellectual disabilities: A descriptive investigation.

Science.gov (United States)

Erasmus, Alta; Bornman, Juan; Dada, Shakila

2016-06-01

This study aimed to describe the perceptions of Afrikaans-speaking parents regarding the human rights, as defined by the United Nation's Convention on the Rights of the Child (CRC), of their children, aged between 8.0 and 14.11 (years/months), with mild to moderate intellectual disabilities. The underlying premise is that the CRC defines the rights of children, whereas the International Classification of Functioning, Disability and Health, Child and Youth version (ICF-CY) can provide the framework for documenting a deprivation of rights and the conditions under which those rights can be realized. Forty-seven Afrikaans-speaking parents completed a custom-designed survey. The results of the closed-ended questions indicated that most parents felt that their children had rights and that these rights were met. A theme analysis performed on the open-ended questions revealed that parents were mostly concerned about their children's rights pertaining to school education and safety. These rights were discussed in terms of the CRC articles and linked to environmental codes of the ICF-CY. Finally, the limitations and implications of the study are discussed and recommendations are made. © The Author(s) 2015.

Challenges and improvements in the rights of persons with disabilities: A global perspective

Directory of Open Access Journals (Sweden)

María Soledad Cisternas Reyes

2015-10-01

Full Text Available The United Nations Convention on the Rights of the Persons with Disabilities is the first human rights treaty of the 21st century, which established the human rights model for this part of the population. The Convention is structured around two main pillars: equality and non discrimination, and diversified rights for this group. This Convention raises a number of legal innovations among which we highlight the accessibility, rehabilitation, the right to independent living, and the right to inclusion in the community, aspects that invite to explore its nature. In addition to these principles, the work of the treaty body, the Committee of Experts of the Convention on the Rights of Persons with Disabilities, will be analyzed. The Committee has competence to examine individual complaints, and has adopted General Comments on critical issues such as equal recognition before the law and accessibility. Finally, this paper studies the link between the human rights of people with disabilities and the Sustainable Development Goals for the Post-2015 Development Agenda, which has predominated the contemporary debate within the United Nations.

Disability and global development.

Science.gov (United States)

Durocher, Joan; Lord, Janet; Defranco, Allison

2012-07-01

The United States invests billions of taxpayer dollars each year into foreign assistance programs that foster international diplomacy and development directed toward improving the quality of life for people around the world. These programs develop economies and combat poverty, promote democracy and governance, build new infrastructure, advance and protect human rights, among other development goals. The United States cannot effectively accomplish the goals of foreign assistance programs unless it undertakes measures to ensure that the programs are accessible to and inclusive of people with disabilities. The United States has been a leader in advancing the rights of people with disabilities and must continue to promote disability rights through its international development work. Overseas economic development will not be successful unless people with disabilities are included. Because of the significant number of people with disabilities in developing countries, if they are not included, the very economic growth the United States is trying to foster will be hindered. The goals of democracy and governance programs cannot be achieved without the inclusion of people with disabilities. In many countries, domestic law contains blatant discriminatory provisions for people with disabilities that undermine access to justice and full participation in society. The provisions that discriminate against people with disabilities include arbitrary exclusions in electoral codes, sweeping plenary guardianship laws with no due-process protections, discriminatory banking practices, and inaccessible court proceedings. National disability legal frameworks remain underdeveloped throughout the world. Copyright © 2012. Published by Elsevier Inc.

Facing up to disability

Directory of Open Access Journals (Sweden)

Tom Shakespeare

2013-05-01

Full Text Available Ways of thinking about and responding to disability have radically changed in recent decades. Traditionally, disability was regarded in terms of sin, karma, or divine punishment. More recently, disability was made a medical issue and defined in terms of shortcomings of body or mind, which had to be prevented or cured at all costs. In the late 20th century, people with disabilities worldwide became more organised and created national and international disabled people’s organisations. They successfully demanded that disability be seen as a matter of equal opportunities and human rights, a shift which has now been described in the United Nations Convention on the Rights of Persons with Disabilities. This is a global treaty which has so far been signed by 155 states and passed into law by 127.

The sexual and reproductive rights and benefit derived from sexual and reproductive health services of people with physical disabilities in South Africa: beliefs of non-disabled people.

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Hunt, Xanthe; Carew, Mark T; Braathen, Stine Hellum; Swartz, Leslie; Chiwaula, Mussa; Rohleder, Poul

2017-05-01

There is a body of theoretical work, and some empirical research, which suggests that non-disabled people assume people with physical disabilities are not suitable romantic partners, do not have sexual drives or desires, or are not sexually active. It has also been proposed that people with physical disabilities face barriers to sexual healthcare access which are structural as well as social. The present paper explores non-disabled South Africans' beliefs concerning the degree to which non-disabled respondents enjoy sexual and reproductive rights, and benefit from sexual and reproductive healthcare, compared to people without disability. Using a survey, we asked 1989 South Africans to estimate the degree to which people with physical disabilities and people without disability have sexual rights, and benefit from sexual and reproductive healthcare services, respectively. Respondents were more likely to support the idea that the population without disability were deserving of sexual rights compared to people with physical disabilities. Respondents were more likely to rate the degree to which people with physical disability benefit from sexual and reproductive healthcare as less than that for people without physical disabilities. These findings provide some of the first empirical support that non-disabled people perceive people with physical disabilities as having fewer sexual and reproductive rights, and deriving less benefit from sexual and reproductive health services, than the population without disability. To have diminished sexual rights, and benefit less from sexual and reproductive healthcare, we suggest, evinces a negation of the sexual and reproductive needs and capacity of people with physical disabilities.

Children with Disabilities in Disability-Inclusive Disaster Risk Reduction: Focussing on School Settings

Science.gov (United States)

Ronoh, Steve; Gaillard, J. C.; Marlowe, Jay

2017-01-01

Every year, worldwide, disasters affect approximately seven million children with disabilities, highlighting their potential vulnerability. Although there is a growing move internationally to promote the rights of children with disabilities, they still receive little attention from disaster risk reduction (DRR) researchers and policy makers. They…

The Children’s Right to Music Project

OpenAIRE

Guylaine Vaillancourt; Sandi Curtis

2012-01-01

Sponsored by the Canadian Heritage Human Rights Grants and Contributions Program, the Children's Right to Music Project is an innovative program which increases awareness of the rights of children with disabilities as outlined in the United Nations Convention on the Rights of Children, in the International Covenant on Economic, Social, and Cultural Rights, and in the Convention on the Rights of People with Disabilities. Its focus on the rights of children to music represents a creative approa...

Canada's Implementation of the Right to Education for Students with Disabilities

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Shah, Seema

2010-01-01

This article analyses the content and legal implementation of the right to education as a human right in Canada. It seeks to expose the extent to which Canadian legislative mechanisms have succeeded in protecting the right to education of students with disabilities by using students with epilepsy as a test case. To that end, the article examines…

The Conventional and Unconventional about Disability Conventions: A Reflective Analysis of United Nations Convention on the Rights of Persons with Disabilities

Science.gov (United States)

Umeasiegbu, Veronica I.; Bishop, Malachy; Mpofu, Elias

2013-01-01

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…

The right to health of prisoners in international human rights law.

Science.gov (United States)

Lines, Rick

2008-01-01

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

The Inclusion of Disability as a Condition for Termination of Parental Rights

Science.gov (United States)

Lightfoot, Elizabeth; Hill, Katharine; LaLiberte, Traci

2010-01-01

Objectives: All 50 states and the District of Columbia have statutes outlining the grounds for terminating parental rights (TPR) in relation to child abuse and neglect. Although recent research has found that parents with disabilities are not more likely to maltreat their children than parents without disabilities ([Glaun and Brown, 1999] and…

Depression in the context of disability and the "right to die".

Science.gov (United States)

Gill, Carol J

2004-01-01

Arguments in favor of legalized assisted suicide often center on issues of personal privacy and freedom of choice over one's body. Many disability advocates assert, however, that autonomy arguments neglect the complex sociopolitical determinants of despair for people with disabilities. Specifically, they argue that social approval of suicide for individuals with irreversible conditions is discriminatory and that relaxing restrictions on assisted suicide would jeopardize, not advance, the freedom of persons with disabilities to direct the lives they choose. This paper examines the idea promoted by some proponents of assisted suicide that it is reasonable to be depressed about one's diminished quality of life in cases of irreversible illness or disability and, therefore, such depression should not call into question the individual's competence to request assistance in dying. The concept of rational depression is defined and examined in the context of: four real-life cases involving individuals with disabilities who requested assistance in dying; a set of criteria commonly applied to decision-making to determine rationality; and research bearing on the emotional status of people with disabilities. It is concluded that although disability is associated with particular socially mediated stressors, there is no theoretical or empirical evidence to indicate that depression and its role in the "right to die" is dynamically different, more natural, or more reasonable for disabled people than for non-disabled people.

Can the subaltern speak? Visibility of international migrants with communication and swallowing disabilities in the World Report on Disability.

Science.gov (United States)

Pillay, Mershen

2013-02-01

Wylie, McAllister, Davidson, and Marshal (2013) argued that the speech-language pathology profession must be encouraged to consider novel ways to deliver equitable services to people with communication disorders. People with communication disorders include the world's 215 million international migrants who deserve unique commentary when considering disability in the world. Hence, this paper focuses on invisibility of international migrants with communication or swallowing disorders in the World Report on Disability. The analysis of people with disabilities is biased towards citizenship. What of those who are non-citizens? Three issues are highlighted: (a) the demographic construction of migrants; (b) management of communication disability within the migrant patient-speech language pathologist dyad; and (c) strategic re-prioritization of dysphagia as a disability. While relevant to all people, re-prioritization of dysphagia as an impairment (of eating or drinking) resulting in restricted mealtime participation is especially relevant to the healthcare of international migrants. This issue is discussed in terms of how safe or adequate eating and drinking ought to constitute essential discharge criteria in medical settings where discharge (often resulting in deportation) may be decided on one's ability to walk or talk.

Developing human rights based indicators to support country monitoring of rehabilitation services and programmes for people with disabilities: a study protocol.

Science.gov (United States)

Skempes, Dimitrios; Bickenbach, Jerome

2015-09-24

human rights standards in rehabilitation service delivery and organization. The development of a valid and universally applicable set of indicators will have a profound impact on the design and implementation of evidence informed disability policies and programs as it can support countries in strengthening performance measurement through documentation of comparative information on rehabilitation care systems. Most importantly, the resulting indicators can be used by disabled people's organizations as well as national and international institutions to define a minimal standard for monitoring and reporting progress on the implementation of the Convention on the Rights of Persons with Disabilities in the area of rehabilitation.

The general law on persons with disabilities and the right to self-determination of people with mental disabilities.

OpenAIRE

Espinoza Espinoza, Juan; Universidad de San Martín de Porres

2015-01-01

This law is extremely important, since repealed and modified quite a few articles of the Civil Code related to exercise capacity. Indeed, aims to establish the legal framework for the promotion, protection and realization, equal, rights of persons with disabilities, promoting their development and full and effective inclusion in the political, economic, social, cultural and technological (art. 1.°), the defines a disabled person. Esta ley es sumamente importancia por cuanto ha derogado y m...

IMPLEMENTATION OF INTERNATIONAL CLASSIFICATION OF FUNCTION, DISABILITY AND HEALTH IN FIELD OF PEDIATRICS

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Dragoslav KOPACHEV

2004-12-01

Full Text Available The author, as an active participant at the Seminar IMPLEMENTATION OF ICF IN THE FIELD OF PEDIATRICS, held on 14-15 July 2004 at the hotel Panorama – Skopje, states his insight about the organization, work and aims of the seminar. He makes a review on attitudes and fields ICF in pediatric field commits. The commitments of ICF (International Classification of Function, Disability and Health in the Field of Pediatrics have been put on the child with developmental disabilities to be attention-centered; on bio-developmental model in interaction with the environment, on greater possibilities, safety and satisfaction of needs, as well as on greater freedom in participation in the community to realize the legal rights. It is pointed out that ICF in the field of pediatrics supports the idea ‘One for all’.

US Human Rights Conduct and International Legitimacy

DEFF Research Database (Denmark)

Keating, Vincent Charles

Did the Bush administration fundamentally harm the international human rights system through its rejection of human rights norms? This is the central question explored within US Human Rights Conduct and International Legitimacy, which analyses the practices of legitimacy between the Bush...... nations have followed in America's footsteps, and that the Bush administration's deviation from international norms has served to reaffirm worldwide commitment to human rights....

A comparison of the International Classification of Functioning, Disability, and Health to the disability tax credit.

Science.gov (United States)

Conti-Becker, Angela; Doralp, Samantha; Fayed, Nora; Kean, Crystal; Lencucha, Raphael; Leyshon, Rhysa; Mersich, Jackie; Robbins, Shawn; Doyle, Phillip C

2007-01-01

The Disability Tax Credit (DTC) Certification is an assessment tool used to provide Canadians with disability tax relief The International Classification of Functioning, Disability and Health (ICF) provides a universal framework for defining disability. The purpose of this study was to evaluate the DTC and familiarize occupational therapists with the process of mapping measures to the ICF classification system. Concepts within the DTC were identified and mapped to appropriate ICF codes (Cieza et al., 2005). The DTC was linked to 45 unique ICF codes (16 Body Functions, 19 Activities and Participation, and 8 Environmental Factors). The DTC encompasses various domains of the ICF; however, there is no consideration of Personal Factors, Body Structures, and key aspects of Activities and Participation. Refining the DTC to address these aspects will provide an opportunity for fair and just determinations for those who experience disability.

Death with "dignity": the wedge that divides the disability rights movement from the right to die movement.

Science.gov (United States)

Behuniak, Susan M

2011-01-01

Much of the American debate over physician assisted death (PAD) is framed as an ideological split between conservatives and liberals, pro life and pro choice advocates, and those who emphasize morality versus personal autonomy. Less examined, but no less relevant, is a split within the ranks of progressives--one that divides those supporting a right to die in the name of human rights from disability rights activists who invoke human rights to vehemently oppose euthanasia. This paper reviews how "dignity" serves both as a divisive wedge in this debate but also as a value that can span the divide between groups and open the way to productive discourse. Supporters of legalized euthanasia use "dignity" to express their position that some deaths might indeed be accelerated. At the same time, opponents adopt the concept to argue that physician assisted suicide stigmatizes life with a disability. To bridge this divide, the worldviews of two groups, Compassion & Choices and Not Dead Yet, are studied. The analysis concludes that the two organizations are more parallel than contrary--a finding that offers opportunities for dialogue and perhaps even advances in public policy.

US Human Rights Conduct and International Legitimacy

DEFF Research Database (Denmark)

Keating, Vincent Charles

Did the Bush administration fundamentally harm the international human rights system through its rejection of human rights norms? This is the central question explored within US Human Rights Conduct and International Legitimacy, which analyses the practices of legitimacy between the Bush...... nations have followed in America's footsteps, and that the Bush administration's deviation from international norms has served to reaffirm worldwide commitment to human rights....... administration, states, and international organizations in cases of torture, habeas corpus, and rendition. Vincent Keating argues that despite the material power of the United States, there is little evidence that the Bush administration gravely damaged international norms on torture and habeas corpus as few...

Children's rights, international human rights and the promise of ...

African Journals Online (AJOL)

Children's rights, international human rights and the promise of Islamic legal theory. ... Law, Democracy & Development ... law but also religion and ethics, thus offering a multidimensional approach covering the total personality of the child.

Using a multidisciplinary classification in nursing : The international classification of functioning disability and health

NARCIS (Netherlands)

Van Achterberg, T; Holleman, G; Heijnen-Kaales, Y; Van der Brug, Y; Roodbol, G; Stallinga, HA; Hellema, F; Frederiks, CMA

This paper reports a study to explore systematically the usefulness of the International Classification of Functioning, Disability and Health to nurses giving patient care. The International Classification of Functioning, Disability and Health has a history of more than 20 years. Although this World

Using a multidisciplinary classification in nursing: the International Classification of Functioning Disability and Health

NARCIS (Netherlands)

van Achterberg, Theo; Holleman, Gerda; Heijnen-Kaales, Yvonne; van der Brug, Ype; Roodbol, Gabriël; Stallinga, Hillegonda A.; Hellema, Fokje; Frederiks, Carla M. A.

2005-01-01

This paper reports a study to explore systematically the usefulness of the International Classification of Functioning, Disability and Health to nurses giving patient care. The International Classification of Functioning, Disability and Health has a history of more than 20 years. Although this World

Communication rights: Fundamental human rights for all.

Science.gov (United States)

McLeod, Sharynne

2018-02-01

The right to communicate includes the right to "freedom of opinion and expression" and rights and freedoms "without distinction of … language". The 70th anniversary of the Universal Declaration of Human Rights is a time to celebrate and reflect on communication as a human right, particularly with respect to Article 19 and its relationship to national and international conventions, declarations, policies and practices. This review profiles articles from the special issue of International Journal of Speech-Language Pathology (volume 20, issue 1) addressing communication rights from four perspectives: (1) communication rights of all people; (2) communication rights of people with communication disabilities; (3) communication rights of children and (4) communication rights relating to language. Divergent perspectives from across the globe are considered. First-hand accounts of people whose right to communicate is compromised/upheld are included and perspectives are provided from people with expertise and advocacy roles in speech-language pathology, audiology, linguistics, education, media, literature and law, including members of the International Communication Project. Three steps are outlined to support communication rights: acknowledge people - adjust the communication style - take time to listen. Future advocacy for communication rights could be informed by replicating processes used to generate the Yogyakarta Principles.

A Comparative View of Equality Under the UN Convention on the Rights of PERSONS with Disabilities and the Disability Laws of the United States and Canada

Directory of Open Access Journals (Sweden)

Arlene S Kanter

2015-10-01

Full Text Available In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities [CRPD], the first international treaty addressing specifically the rights of people with disabilities, including in the workplace.  The purpose of the CRPD is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity....” The CRPD has been ratified by 160 countries, including Canada, but not yet by the United States. Article 27 of the CRPD, entitled Work and Employment, prohibits not only discrimination against people with disabilities in employment, but also the right of people with disabilities to reasonable accommodations, equal remuneration for work of equal value, safe and healthy working conditions,  assistance in finding, obtaining, maintaining and returning to employment,  rehabilitation, job retention and return-to-work programmes,  as well as affirmative action programmes, incentives and other measures to promote equal employment opportunities. As compared to the Americans with Disabilities Act and the Canadian Charter, the CRPD, therefore, goes beyond prohibiting discrimination and instead seeks to ensure greater substantive equality for people with disabilities in the workplace.  As such, the author proposes that both US and Canadian legislatures and courts should look to the CRPD to help their respective countries move beyond traditional notions of formal equality towards a new right to substantive equality in the workplace for people with disabilities. En 2006, les Nations Unies ont adopté la Convention relative aux droits des personnes handicapées [CDPH], le premier traité international portant explicitement sur les droits des personnes handicapées, y compris les droits dans le milieu de travail. La CDPH a pour objet de « promouvoir, protéger et assurer la pleine et égale jouissance de tous

The awareness of primary caregivers in South Africa of the human rights of their children with intellectual disabilities.

Science.gov (United States)

Huus, K; Dada, S; Bornman, J; Lygnegård, F

2016-11-01

Besides the right to freedom, human rights can be seen as a basic requirement also for the maintenance of human dignity and the opportunity to thrive - particularly in the case of children with disabilities. It is imperative to explore primary caregivers' awareness of the human rights of their children with intellectual disabilities in view of the role they may play in either facilitating or restricting these rights. This paper explores the awareness of 219 primary caregivers of the human rights of their children with intellectual disabilities. A descriptive survey design was used with a custom-designed questionnaire that employed a deductive content analysis based on the articles of the United Nations Convention on the Rights of a Child. Comparisons were drawn between the awareness of primary caregivers from urban and those from rural areas. The majority (85.5%) of participants agreed that their child with intellectual disability had rights. Three broad kinds of right were mentioned (in descending order): provision rights, protection rights and participation rights. Participants from both urban and rural areas mentioned education (a provision right) most frequently. However, participants from urban areas were more aware of the different rights that existed than were their counterparts from rural areas. Primary caregivers in both rural and urban areas are aware of the rights of their children with disabilities, although there are significant differences between them. © 2016 John Wiley & Sons Ltd.

77 FR 72909 - International Day of Persons With Disabilities, 2012

Science.gov (United States)

2012-12-06

... they travel, conduct business, study, or reside overseas. Ratifying the Convention in the Senate would reaffirm America's position as the global leader on disability rights and better position us to encourage... disabilities is guaranteed. Today, let us renew our commitment to meeting that challenge here in the United...

Equality of What? The Capability Approach and the Right to Education for Persons with Disabilities

Directory of Open Access Journals (Sweden)

Andrea Broderick

2018-03-01

Full Text Available The right to education is indispensable in unlocking other substantive human rights and in ensuring full and equal participation of persons with disabilities in mainstream society. The cornerstone of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities seeks to ensure access to inclusive education for persons with disabilities on an equal basis with others as well as the full development of human potential. Since the adoption of the Convention, there has been much theorising about inclusive education; however, there has been little focus on the meaning of equality in the context of the right to education for persons with disabilities. The capability approach, developed by Amartya Sen and further refined by Martha Nussbaum, focuses on ensuring equality and developing human potential. It is often viewed as a tool that can be used to overcome the limitations of traditional equality assessments in the educational sphere, which only measure resources and outcomes. This article explores whether the capability approach can offer new insights into the vision of educational equality contained in the Convention and how that vision can be implemented at the national level.

Disability, access to food and the UN CRPD : Navigating discourses of human rights in the Netherlands

NARCIS (Netherlands)

Waltz, Mitzi; Mol, Tanja; Gittins, Elinor; Schippers, Alice

2018-01-01

In 2016, the Netherlands ratified the UN Convention on the Rights of Persons with Disabilities (UN CRPD), one of the last developed nations to do so. In this article, we explore how equal access to food provides a lens through which barriers to implementing a rights-based approach to disability

Intellectual disability rights and inclusive citizenship in South Africa: What can a scoping review tell us?

Science.gov (United States)

2018-01-01

Background Intellectual disability (ID) is the most prevalent disability in the world. People with intellectual disability (PWID) frequently experience extreme violations of numerous human rights. Despite greater prevalence in South Africa than in high-income countries, most ID research currently comes from the Global North. This leaves us with few contextually sensitive studies to draw from to advance inclusive citizenship. Objectives Our scoping review aims to investigate pertinent ID rights issues in South Africa, synthesise quantitative and qualitative studies, and provide a synopsis of available evidence on which to base future work. We aim to clarify key concepts, address gaps in the literature and identify opportunities for further research. Method We followed strict eligibility criteria. Medical subject heading terms were entered into seven databases. Seven reviewers worked independently, two per paper. Quantitative and qualitative data extraction forms were designed. We followed Preferred Reporting Items for Systematic Review and Meta-Analysis (PRISMA) guidelines and registered a protocol. An inductive approach enabled a thematic analysis of selected studies. Results By following PRISMA guidelines, 82 studies were assessed for eligibility of which 59 were included. Ten sub-themes were integrated into four main themes: the right not to be discriminated against, the right to psychological and bodily integrity, the right to accommodating services and challenges to rights implementation. Conclusion People with intellectual disability face compound difficulties when trying to assert their constitutionally entitled rights. This ongoing project requires serious commitment and action. Statutory obligations to nurture every South African’s human rights naturally extend to PWID and their supporters who forge ahead in a disabling environment. PMID:29850438

Sovereignty, human rights, and international migrations

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Rossana Rocha Reis

2006-01-01

Full Text Available This article discusses the relationship between sovereignty and human rights concerning the elaboration of immigration policies. It deals with the role of the State in international migrations, the effects of the development of an international human rights legislation over the immigration question, and finally discusses the idea that the increasing international migration is leading the State to lose control over its population and territory, two central features of the sovereignty concept.

Housing and Transport: Access Issues for Disabled International Students in British Universities

Science.gov (United States)

Soorenian, Armineh

2013-01-01

This article explores two disabled people's "Seven Needs" to independent living, those of "housing" and "transport" issues, in relation to disabled international students in British universities. Firstly, students' living arrangements, including issues related to the suitability of university accommodation to their…

Health Advocacy: A Vital Step in Attaining Human Rights for Adults with Intellectual Disability

Science.gov (United States)

Brolan, C. E.; Boyle, F. M.; Dean, J. H.; Gomez, M. Taylor; Ware, R. S.; Lennox, N. G.

2012-01-01

Background: People with intellectual disability (ID) experience health inequity compared with the general population, a key contributing factor being disparities in social determinants of health. The enactment of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) provides a platform for the progression and promotion of…

Accessibility to the Public Facilities: A Mean to Achieve Civil Rights of the People with Disabilities in Iran

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Roya Ghasemzadeh

2008-09-01

Full Text Available Objectives: Civil rights may cover different aspects of citizens’ lives. All the members of the society should have equal access to the public facilities and public transportation system. Barriers and obstacles in society may limit the accessibility of these facilities to the disabled people. Methods: This article contains a part of the results in a phenomenological study of the Disability Rights. The purpose of this phenomenological study was to describe experiences of disability rights among 11 physically disabled that were living in Tehran, Iran. The study involves secondary analysis of in-depth transcribed interview data, using colazzi’s method. Results: A total of 655 descriptive expressions were categorized in to 25 preliminary structural elements (sub themes. 7 essential structural elements (themes emerged from an analysis of the sub themes. One of these themes was right to access which was emerged from an analysis of 6 sub themes. Discussion: Disabled people who participated in the interviews. These sub themes that were obtained from an analysis of descriptive expressions of the participants, are: right to access to housing, right to access to education and information, right to access to job facilities, right to access to medical care and rehabilitation, right to access to rest, leisure and sport and right to access to places and transportation system. The right to access theme, was then categorized in to the civil rights field. In this article we will describe the right to access as it was experienced by those physically.

Mind the Gap: The Human Rights of Children with Intellectual Disabilities in Egypt

Science.gov (United States)

Gobrial, E.

2012-01-01

Background: Children with intellectual disabilities (IDs) have the same human value as other children and are entitled to their basic human rights. And yet, in developing countries they face many barriers to accessing these rights. This study focuses on children with IDs in Egypt. Method: A new measure, the Human Rights of children with…

The Discourse on Human Rights and the International Regime of Human Rights

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Eyassu Gayim

2016-11-01

Full Text Available The international regime of human rights governs the kinds of freedoms, liberties, benefits, autonomy and protection which human beings are entitled to, what kind of obligations we have in this connection and what the roles of states are in recognizing and protecting these rights. Yet, the sources, foundation and justifications for these rights and who we are by nature to deserve some rights has been contentious over the centuries, not least because we live in social context, which requires balancing rights by meeting the broader community interests: political order, stability, and satisfying the general welfare. This paper re-visits the major contentious positions in the discourse on human rights for purposes of explaining how the international community has navigated when shaping the contours of the international regime of human rights. Has this regime endorsed, rejected or avoided some of these positions? Does it follow a clear political ideology?

Validity and internal consistency of a whiplash-specific disability measure.

Science.gov (United States)

Pinfold, Melanie; Niere, Ken R; O'Leary, Elizabeth F; Hoving, Jan Lucas; Green, Sally; Buchbinder, Rachelle

2004-02-01

Cross-sectional study of patients with whiplash-associated disorders investigating the internal consistency, factor structure, response rates, and presence of floor and ceiling effects of the Whiplash Disability Questionnaire (WDQ). The aim of this study was to confirm the appropriateness of the proposed WDQ items. Whiplash injuries are a common cause of pain and disability after motor vehicle accidents. Neck disability questionnaires are often used in whiplash studies to assess neck pain but lack content validity for patients with whiplash-associated disorders. The newly developed WDQ measures functional limitations associated with whiplash injury and was designed after interviews with 83 patients with whiplash in a previous study. Researchers sought expert opinion on items of the WDQ, and items were then tested on a clinical whiplash population. Data were inspected to determine floor and ceiling effects, response rates, factor structure, and internal consistency. Packages of questionnaires were distributed to 55 clinicians, whose patients with whiplash completed and returned 101 questionnaires to researchers. No substantial floor or ceiling effects were identified on inspection of data. The overall floor effect was 12%, and the overall ceiling effect was 4%. Principal component analysis identified one broad factor that accounted for 65% of the variance in responses. Internal consistency was high; Cronbach's alpha = 0.96. Results of the study supported the retention of the 13 proposed items in a whiplash-specific disability questionnaire. Dependent on the results of further psychometric testing, the WDQ is likely to be an appropriate outcome measure for patients with whiplash.

The International Classification of Functioning, Disability and Health (ICF) and nursing.

Science.gov (United States)

Kearney, Penelope M; Pryor, Julie

2004-04-01

Nursing conceptualizes disability from largely medical and individual perspectives that do not consider its social dimensions. Disabled people are critical of this paradigm and its impact on their health care. The aims of this paper are to review the International Classification of Functioning, Disability and Health (ICF), including its history and the theoretical models upon which it is based and to discuss its relevance as a conceptual framework for nursing. The paper presents a critical overview of concepts of disability and their implications for nursing and argues that a broader view is necessary. It examines ICF and its relationship to changing paradigms of disability and presents some applications for nursing. The ICF, with its acknowledgement of the interaction between people and their environments in health and disability, is a useful conceptual framework for nursing education, practice and research. It has the potential to expand nurses' thinking and practice by increasing awareness of the social, political and cultural dimensions of disability.

Legal capacity as a universal human right and a determinant of social status of people with mental disability

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Marković Milan M.

2012-01-01

Full Text Available Adoption of the UN Convention on the Right of Persons with Disabilities (2006 brought about a core shift to how the international community and human rights law see and treat human disability in general. This paradigm shift materilizes itself in a number of provisions ranging from those which catalogue the proclaimed human rights as they are in the context of special implementation and protection of people with disabilities, to those that introduce a level of specificity in light of their holders' particular needs. But the strongest presence of the shift to this regard can be found in the Article 12 CRPD that sheds new light on the concept of (legal capacity of people with (mental disabilites. According to this norm and put quite simply - there should be no difference in observing and treating capacity of a person with disabilities to that of any other person. This is not only the matter of prohibiting discrimination on grounds of mental impairments, but furthermore preventing the system from establishing a classification in which a person with psychosocial or intellectual impairment would be a second-rate citizen, an object of law or a victim of legal, social and family abuse, someone who is a burden to his entire environment, someone who does not have a say in any case concerning his own life and wellbeing. Legal capacity should not be a goal to be fighting for, but a universal human right. Of course and unfortunatelly, such a shift is purely a formal one, when not causing due reform within the national systems and without proper implementation in the member states. What is thought urgently needed and directly required by the given provision is removing the system features that allow deprivation of legal capacity on the bases of mental impairments and introducing a humane and human rights oriented model in which the decision making of these people would be autonomous and supported, and with only very restricted exceptions, done by them and not

Special education as a trap: Detours and mazes in ensuring the right to inclusive education for persons with disabilities

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Lucas Correa Montoya

2018-05-01

Full Text Available This article presents a critical analysis of the judicial precedent of the Colombian Constitutional Court when protecting the Right to Education of persons with disabilities. After contrasting the Human Rights standards enshrined in the Convention on the Rights of Persons with Disabilities with the main decisions of the Court, we conclude that it has promoted special and segregated education and therefore it has fostered discrimination on the basis of disability and the violation of other constitutional rights. The article closes identifying the main challenges that judges may face in the future for effectively protect the Right to Inclusive education.

International Conference on Higher Education and Disabilities--Innsbruck, Austria: A Brief History

Science.gov (United States)

Zangla, Ken; Moore, Naomi; Hurst, Alan

2015-01-01

Access to higher education for people with disabilities has been a concern and motivation for change internationally. Collaborative discussions about the attitudes and policies addressing these issues began many years ago with several organizations and agencies representing the interest of people with disabilities. There were international…

Disability rights in dialogue with clinical genetics conference, May 31 to June 2, 1996

Energy Technology Data Exchange (ETDEWEB)

NONE

1996-12-31

The issue of prenatal diagnosis and selective abortion has been hotly debated in the medical, genetic counselling, feminist, parents, disability rights and bio-ethics literature, each of the various positions critiquing each other. People from the disability rights community in particular have began to articulate a critical view of the practice of widespread prenatal diagnosis with intent to abort because the pregnancy might result in a child with a disability. Unfortunately, people from the various disciplines and perspectives, such as bioethics, disability rights, feminism and so forth, by and large, have tended only to write for themselves and their colleagues. Few people have crossed disciplines to try to talk to people with other views. The rapid advances of genome research have continued to produce new prenatal tests, raising many complex ethical questions regarding the applications of prenatal testing. But the widely disparate positions of the various factions has made it difficult to move toward formulation of public policy change necessary to encompass these new genetic technologies. Genetic counselling is in the front lines of the controversial social and ethical issues arising from prenatal diagnosis, in its interface between medical science and the consumer of services. The primary intent of the conference was to invite and facilitate productive dialogue between individuals and groups of people who have traditionally not interacted as a result of their disparate views on these issues and to learn from this process, emphasizing the involvement of people with disabilities and people who work in clinical genetics.

Human rights of persons with mental disabilities. The European Convention of Human Rights.

Science.gov (United States)

Gostin, L O

2000-01-01

It is not necessary to recount the numerous charters and declarations ... to understand human rights.... All persons are born free and equal in dignity and rights. Everyone ... is entitled to all the rights and freedoms set forth in the international human rights instruments without discrimination, such as the rights to life, liberty, security of the person, privacy, health, education, work, social security, and to marry and found a family. Yet, violations of human rights are a reality to be found in every corner of the globe.

Accessibility to the Public Facilities: A Mean to Achieve Civil Rights of the People with Disabilities in Iran

OpenAIRE

Roya Ghasemzadeh; Mohammad Kamali; Ali Chabok; Masoud Fallahi Khoshknab; Manuchehr Shirani

2008-01-01

Objectives: Civil rights may cover different aspects of citizens’ lives. All the members of the society should have equal access to the public facilities and public transportation system. Barriers and obstacles in society may limit the accessibility of these facilities to the disabled people. Methods: This article contains a part of the results in a phenomenological study of the Disability Rights. The purpose of this phenomenological study was to describe experiences of disability r...

International employee perspectives on disability management.

Science.gov (United States)

Wagner, Shannon; Buys, Nicholas; Yu, Ignatius; Geisen, Thomas; Harder, Henry; Randall, Christine; Fraess-Phillips, Alex; Hassler, Benedikt; Scott, Liz; Lo, Karen; Tang, Dan; Howe, Caroline

2018-05-01

To provide an international analysis of employees' views of the influence of disability management (DM) on the workplace. An international research team with representation from Australia, Canada, China, and Switzerland collected survey data from employees in public and private companies in their respective regions. Due to lack of availability of current measures, a research team-created survey was used and a total of 1201 respondents were collected across the four countries. Multiple linear (enter) regression was also employed to predict DM's influence on job satisfaction, physical health, mental health, workplace morale and reduced sickness absence, from respondents' perceptions of whether their company provided disability prevention, stay-at-work, and return-to-work initiatives within their organization. One-way ANOVA comparisons were used to examine differences on demographic variables including company status (public versus private), union status (union versus nonunion), and gender. The perceived influence of DM programs was related to perceptions of job satisfaction; whereas, relationships with mental health, physical health, morale, and sickness absence were variable according to type of DM program and whether the response was related to self or others. Difference analyses (ANOVA) revealed significantly more positive perceptions for private and nonunion organizations; no gender effects were found. There is perceived value of DM from the perspective of employees, especially with respect to its value for coworkers. Implications for Rehabilitation Rehabilitation efforts should continue to focus attention on the value of disability management (DM). In particular, DM that is fully committed to the biopsychosocial model would be supported by this research. Employees reported the most value in the psychosocial variables addressed by DM, such that rehabilitation professionals could focus on these valued aspects to improve buy-in from employees. The interest in

Internalizing forms of problem behavior in school-age children with mild intellectual disability

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Brojčin Branislav

2012-01-01

Full Text Available Mood disorders are very frequent affective symptoms often found in children with disabilities. Even the nonclinical depression or depressive mood in children are characterized by social withdrawal and decline in self-confidence, anger or auto-destructive behavior, as well as decrease in academic achievement. The objective of this research is to determine the prevalence of elevated expression of internalizing behavior in children with mild intellectual disability and to perceive elevated expression association of this form of problem behavior with chronological age, gender, IQ, speech comprehension and speech production of the participants. Subscale used to assess level of internalizing types of problem behavior, which is part of the teacher's Problem Behavior Rating Scale, of the Social Skills Rating System was applied on 120 participants with mild intellectual disability, aged from 8 to 16. Increased level of internalizing problem behavior is found in 25% of the participants, whereas statistically significant correlation is detected only between this variable and IQ. The results obtained in this study indicate the necessity for children and youth with intellectual disability who have elevated level of problem internalization to be identified, for the purpose of undertaking proper measures to eliminate or alleviate those problems. Development of preventive programs directed to reinforce the skills, necessary for resolving emotional and social problems is advised as well.

Rights Discourses in Relation to Education of People with Intellectual Disability: Towards an Ethics of Care that Enables Participation

Science.gov (United States)

Mckenzie, Judith Anne; Macleod, Catriona Ida

2012-01-01

In this paper we argue that human rights approaches for intellectually disabled people have failed to recognise the complexity of rights claims made by and on behalf of this group. Drawing on a research project into discourses of education for intellectually disabled people in the Eastern Cape, South Africa we discern three rights discourses;…

Social participation for people with communication disability in coffee shops and restaurants is a human right.

Science.gov (United States)

Carroll, Clare; Guinan, Nicole; Kinneen, Libby; Mulheir, Denise; Loughnane, Hannah; Joyce, Orla; Higgins, Elaine; Boyle, Emma; Mullarney, Margaret; Lyons, Rena

2018-02-01

Although Article 19 of the Universal Declaration of Human Rights states that "everyone has a right to freedom of opinion and expression", for people with communication disability this may not be a reality. This commentary shares a practical example of how people with communication disabilities together with speech-language pathology (SLP) students, academics and clinical staff co-designed and co-implemented a Communication Awareness Training Programme for catering staff to enable communication access in coffee shops and restaurants. This is an example of how SLPs can embrace their social responsibility to break down barriers for people with communication disabilities. This commentary shares the reflections of those involved and how they felt empowered because they had learned new skills and made a difference. This commentary highlights the need for co-design and co-delivery of programs to raise awareness of communication disability among catering staff and how the stories of people with communication disabilities served as a catalyst for change. It also highlights the need to SLPs to move intervention to a social and community space.

Complementing or Conflicting Human Rights Conventions? Realising an Inclusive Approach to Families with a Young Person with a Disability and Challenging Behaviour

Science.gov (United States)

Muir, Kristy; Goldblatt, Beth

2011-01-01

United Nation's conventions exist to help facilitate and protect vulnerable people's human rights: including people with disabilities (Convention on the Rights of Persons with Disabilities, 2006) and children (Convention on the Rights of the Child, 1989). However, for some families where a family member has a disability, there may be inherent…

Disability and Spanish University: Protection of university students with disabilities

Directory of Open Access Journals (Sweden)

Tamara Álvarez Robles

2016-06-01

Full Text Available Right to education is a fundamental right, internationally recognized. However, this assumption is conditioned by personal circumstances, details, of the holder. In any case, we should emphasize the double dimension of this, firstly the right to receive education/teaching, secondly its consideration as a channel of integration and social participation. It is due to this situation, the involvement of the public powers, in order to implement and develop of this right, must be promoted.   The application of the right to education to people that suffer disabilities has got a great degree of importance under The Convention on the Rights of Persons with Disabilities, held in New York in December 2006. At that time the international community implications were really consolidated. This situation has changed dramatically with the economic crisis that we are suffering in recent times. This is the main reason for the present study, an appeal to implement and apply regulation about disabilities at University studies trough the reform of their statutes and by the increase of the level of the information and training of their workers, especially professors. The universalization of rights, such as education, faces difficulties in achieving its fullness as all holders differ with respect to other recipients of this right. The challenge of this work is to visualize the situation in a very specific environment, university education, and in a very precise context that is the Kingdom of Spain. However, globalization should assume ownership the main problems and challenges identified in this work.  It will be checked in the prolix character of legislation that rules theright af everyone, although you were different to be the holder of the right to education. The existence of a huge number of authorities who supports an inclusive model collides with exogenous difficulties, especially the lack of means, but also endogenous, as the lack of involvement of any of the

Disability, economic globalization and privatization: A case study of India

DEFF Research Database (Denmark)

Hiranandani, Vanmala Sunder

2012-01-01

have benefitted middle-class and highly-skilled disabled persons, the majority of people with disabilities have been left out of India's economic affluence. We contend that India's globalized economy and reduced state role necessitate renewed understanding of human rights, including disability rights.......People with disabilities are one of the most disenfranchised groups in India. Standardized measurements of disability in India and internationally have overlooked the linkages between the economy and disability. In recent decades, neo-liberal economic reforms imposed in developing countries, under...... investigates the implications of economic restructuring in the arenas of social programs, education, employment, accessibility, health, agriculture and food security, and water and land acquisition from a disability perspective. Our analysis shows that while increased employment opportunities and accessibility...

Adverse consequences of article 12 of the UN Convention on the Rights of Persons with Disabilities for persons with mental disabilities and an alternative way forward.

Science.gov (United States)

Scholten, Matthé; Gather, Jakov

2018-04-01

It is widely accepted among medical ethicists that competence is a necessary condition for informed consent. In this view, if a patient is incompetent to make a particular treatment decision, the decision must be based on an advance directive or made by a substitute decision-maker on behalf of the patient. We call this the competence model. According to a recent report of the United Nations (UN) High Commissioner for Human Rights, article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD) presents a wholesale rejection of the competence model. The High Commissioner here adopts the interpretation of article 12 proposed by the Committee on the Rights of Persons with Disabilities. On this interpretation, CRPD article 12 renders it impermissible to deny persons with mental disabilities the right to make treatment decisions on the basis of impaired decision-making capacity and demands the replacement of all regimes of substitute decision-making by supported decision-making. In this paper, we explicate six adverse consequences of CRPD article 12 for persons with mental disabilities and propose an alternative way forward. The proposed model combines the strengths of the competence model and supported decision-making. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Finding the Gaps: A Comparative Analysis of Disability Laws in the United States to the United Nations Convention on the Rights of Persons with Disabilities (CRPD)

Science.gov (United States)

National Council on Disability, 2008

2008-01-01

The purpose of this paper is to help the National Council on Disability (NCD), and others, better understand how the Convention on the Rights of Persons with Disabilities, if ratified by the United States, might impact U.S. disability laws by examining the degree to which U.S. law is consistent with the CRPD. The paper endeavors to analyze the…

Right to education: the school enrollment of people with intellectual disabilities

Directory of Open Access Journals (Sweden)

Luiz Alberto David Araujo

2015-12-01

by the Brazilian Constitution, that has in equality one of its core values. From a newspaper report, denouncing the difficulty of people with disabilities to actualize their enrollment in the regular school system, this article analyzes the current constitutional configuration of rights to inclusion and education of that vulnerable group, pointing out the ways offered by the Brazilian legal system to guarantee and actualize these rights. Any damage caused by the refusal of the school enrollment, diffuse or individual, moral or material, are liable to repairing.

Canadian Disability Policies in a World of Inequalities

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Deborah Stienstra

2018-05-01

Full Text Available Canadian disability-related policies are shaped within a global system of inequalities, including colonialism and neoliberalism. Using a critical theory framework, this article examines the complicated material inequalities experienced by people with disabilities and evident in the intersections of disability, gender, Indigenousness, race, and age. The collectively held ideas that give context to disability policies are at odds. Human rights protections are found in the foundational documents of Canadian society and part of its international commitments, yet these commitments often become window-dressing for a pervasive logic that it is better to be dead than disabled, and medical assistance in dying legislation supports this choice. While human rights protections are essential, they are not sufficient for decolonizing inclusion. Constructive actions between Indigenous peoples and settlers may help to find new ways of addressing disability and inclusion in Canada.

Zika and Reproductive Rights in Brazil: Challenge to the Right to Health.

Science.gov (United States)

Valente, Pablo K

2017-09-01

The Zika virus epidemic rapidly spread across Brazil and Latin America, gaining international attention because of the causal relationship between Zika and birth defects. The high number of cases in Brazil has been attributed to a failure of the state to contain the epidemic and protect the affected people, especially women. Therefore, the public health crisis created by Zika exposed a stark conflict between Brazil's constitutional right to health and the long-standing violation of reproductive rights in the country. Although health is considered to be a right of all in Brazil, women struggle with barriers to reproductive services and lack of access to safe and legal abortions. In response to the epidemic, women's rights advocates have filed a lawsuit with Brazil's supreme court that requires the decriminalization of abortion upon the diagnosis of Zika virus. However, the selective decriminalization of abortion may lead to negative social consequences and further stigmatization of people with disabilities. A solution to the reproductive health crisis in Brazil must reconcile women's right to choose and the rights of people with disabilities.

Moving Towards Inclusive Education as a Human Right, An analysis of international legal obligations to implement inclusive education in law and policy

OpenAIRE

Waddington, L.B.; Toepke, C

2014-01-01

Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a violation of international law and a breach of human rights. The provision of inclusive education is an obligation under international law, as well as the means by which to fulfil the additional l...

Validity and internal consistency of a whiplash-specific disability measure

NARCIS (Netherlands)

Pinfold, Melanie; Niere, Ken R.; O'Leary, Elizabeth F.; Hoving, Jan Lucas; Green, Sally; Buchbinder, Rachelle

2004-01-01

STUDY DESIGN: Cross-sectional study of patients with whiplash-associated disorders investigating the internal consistency, factor structure, response rates, and presence of floor and ceiling effects of the Whiplash Disability Questionnaire (WDQ). OBJECTIVES: The aim of this study was to confirm the

Consensus statement of the International Summit on Intellectual Disability and Dementia on valuing the perspectives of persons with intellectual disability.

Science.gov (United States)

Watchman, Karen; Janicki, Matthew P; Udell, Leslie; Hogan, Mary; Quinn, Sam; Beránková, Anna

2018-01-01

The International Summit on Intellectual Disability and Dementia covered a range of issues related to dementia and intellectual disability, including the dearth of personal reflections of persons with intellectual disability affected by dementia. This article reflects on this deficiency and explores some of the personal perspectives gleaned from the literature, from the Summit attendees and from the experiences of persons with intellectual disability recorded or scribed in advance of the two-day Summit meeting. Systemic recommendations included reinforcing the value of the involvement of persons with intellectual disability in (a) research alongside removing barriers to inclusion posed by institutional/ethics review boards, (b) planning groups that establish supports for dementia and (c) peer support. Practice recommendations included (a) valuing personal perspectives in decision-making, (b) enabling peer-to-peer support models, (c) supporting choice in community-dwelling arrangements and (d) broadening availability of materials for persons with intellectual disability that would promote understanding of dementia.

Therapy or human right? The meaning of recreation for children and youth with disabilities in the "Krembo Wings" youth movement.

Science.gov (United States)

Soffer, Michal; Almog-Bar, Michal

2016-07-01

Research shows that leisure or recreation promotes health, quality of life and wellbeing. Participation in leisure is also a fundamental right of people with disabilities. Studies report disparities in leisure participation between children and youth with and without disabilities. Youth movements are a form of leisure activity, and are of particular importance in Israeli society. In this study we set out to explore how the youth movement Krembo Wings (KW) outlines the meanings of recreation for children and youth with disabilities. Our theoretical framework centers on the critical perspective of a disability study committed to disability rights. We conducted a qualitative study of KW. Data were drawn from multiple sources: published and unpublished documents, website materials, and semi-structured interviews with various key people in the movement. Data were analyzed through directed content analysis and were categorized into either the biomedical model or the social model of disability. Most of our findings show that KW adopts a biomedical understanding of disability. Nonetheless, indicators of the social model, though few, were also evident. Although the biomedical model was found to be dominant in Israel, there are promising indicators of change. Our somewhat mixed findings might suggest that KW is at a transitional phase between biomedical thinking and a more rights-based approach. Copyright © 2016 Elsevier Inc. All rights reserved.

No, we don't think our doctors are out to get us: responding to the straw man distortions of disability rights arguments against assisted suicide.

Science.gov (United States)

Gill, Carol J

2010-01-01

The arguments that disability rights advocates present in opposition to legalized assisted suicide are frequently misconstrued in public debate. The goal of this paper is to identify and analyze key "straw man" fallacies about the disability rights opposition in order to clarify this position and the factors that contribute to its distortion. The author adopts a first-person perspective as a disability scholar/activist who has participated in "right to die" debates for over two decades. Three possible barriers that potentially impede comprehension of disability rights arguments are discussed. Prominent fallacies that assisted suicide proponents attribute to disability rights opponents are analyzed in relation to the dynamics of the assisted suicide debate, social views of disability and incurable illness, and available evidence. The author's position is that disability rights arguments against legalized assisted suicide contribute a complex intellectual and experience-based perspective to the debate that can illuminate immediate and distal consequences of altering public policy. Copyright © 2010 Elsevier Inc. All rights reserved.

Human rights of children with intellectual disabilities: comparing self-ratings and proxy ratings.

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Huus, K; Granlund, M; Bornman, J; Lygnegård, F

2015-11-01

A child rights-based approach to research articulates well with Article 12 of the United Nations Convention on the Rights of the Child (CRC) and highlights the importance and value of including children's own views about aspects that concern them. The aim of this study is to compare children with intellectual disability's own ratings (as self-raters) to those of their primary caregivers (as proxy raters) regarding human rights of children. The study also aims to establish whether there is an inter-rater agreement between the self-raters and proxy raters concerning Maslow's hierarchy of needs. This study is nested in a larger study examining the human rights of children with intellectual disability in South Africa. In total, 162 children with intellectual disability from 11 schools across three provinces and their primary caregivers participated by answering parts of a Children's Rights Questionnaire (CRQ) developed by the researchers based on the United Nation's CRC. We compared the answers for six questions in the questionnaire that were addressed to self-raters (children) and proxy raters (primary caregivers) in the same way. Questions regarding basic needs, such as access to clean water or whether the child had food to eat at home, were answered similarly by self-raters and proxy raters. Larger differences were found when self-raters and proxy raters were asked about whether the child had things or friends to play with at home. Socio-economic variables seemed to affect whether self-raters and proxy raters answered similarly. The results underscore the importance of promoting children's rights to express themselves by considering the opinions of both the children as self-raters and their primary caregivers as proxy raters - not only the latter. The results indicate that it is especially important to include children's own voices when more complex needs are surveyed. Agreement between self- and proxy ratings could be affected by socio-economic circumstances. �

Aligning Physical Activity Measures with the International Classification of Functioning, Disability and Health Framework for Childhood Disability

Science.gov (United States)

Ross, Samantha Mae; Case, Layne; Leung, Willie

2016-01-01

The introduction of the International Classification of Functioning, Disability and Health has placed emphasis on framing health behavior as a multidimensional construct. In relation to childhood physical activity, this encompasses dimensions of functional performance, activity attendance, and subjective perceptions of involvement and enjoyment…

Rights-Based and Person-Centered Approaches to Supporting People with Intellectual Disability: A Dialectical Model

Science.gov (United States)

Glicksman, Stephen; Goldberg, Chaim; Hamel, Corey; Shore, Ryan; Wein, Avraham; Wood, Daniel; Zummo, Joseph

2017-01-01

Protecting human rights has increasingly become a focus of regulation regarding individuals with Intellectual Disability (ID). While this focus on rights has succeeded in protecting people with ID from many of the most insidious abuses of the past, an over-emphasis on the human rights of people with ID while ignoring other aspects of their…

Human rights principles in developing and updating policies and laws on mental health.

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Schulze, M

2016-01-01

The World Health Organization's Mental Health Action Plan 2013-2020 stipulates human rights as a cross-cutting principle (WHO, 2013) and foresees global targets to update policies as well as mental health laws in line with international and regional human rights instruments. The international human rights agreements repeatedly refer to health, including mental health. The most pertinent provisions related to mental health are enshrined in the 2006 Convention on the Rights of Persons with Disabilities (CRPD), which sets out human rights in an accessible and inclusive fashion to ensure the equal participation of persons with disabilities. The inconclusive description of disability in the treaty overtly refers to 'mental impairment' as part of an explicitly evolving understanding of disability. This text sketches some of the underlying concepts as they apply to the realm of mental health: non-discrimination of persons with disabilities and measures that should be taken to ensure accessibility in a holistic understanding; removal of social and attitudinal barriers as much as communication and intellectual barriers but also institutional hurdles. The CRPD's paradigm shift away from framing disability mainly through deficits towards a social understanding of disability as the result of interaction and focusing on capacity is the core on which the provision of mental health services at community level to enable participation in society shall be ensured. Questions of capacity, also to make decisions and the possible need for support in so doing, are sketched out.

Assessment of disabilities in stroke patients with apraxia : Internal consistency and inter-observer reliability

NARCIS (Netherlands)

van Heugten, CM; Dekker, J; Deelman, BG; Stehmann-Saris, JC; Kinebanian, A

1999-01-01

In this paper the internal consistency and inter-observer reliability of the assessment of disabilities in stroke patients with apraxia is presented. Disabilities were assessed by means of observation of activities of daily living (ADL). The study was conducted at occupational therapy departments in

Assessment of disabilities in stroke patients with apraxia: internal consistency and inter-observer reliability.

NARCIS (Netherlands)

Heugten, C.M. van; Dekker, J.; Deelman, B.G.; Stehmann-Saris, J.C.; Kinebanian, A.

1999-01-01

In this paper the internal consistency and inter-observer reliability of the assessment of disabilities in stroke patients with apraxia is presented. Disabilities were assessed by means of observation of activities of daily living (ADL). The study was conducted at occupational therapy departments in

Disability and health-related rehabilitation in international disaster relief

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Reinhardt, Jan D.; Li, Jianan; Gosney, James; Rathore, Farooq A.; Haig, Andrew J.; Marx, Michael; Delisa, Joel A.

2011-01-01

Background Natural disasters result in significant numbers of disabling impairments. Paradoxically, however, the traditional health system response to natural disasters largely neglects health-related rehabilitation as a strategic intervention. Objectives To examine the role of health-related rehabilitation in natural disaster relief along three lines of inquiry: (1) epidemiology of injury and disability, (2) impact on health and rehabilitation systems, and (3) the assessment and measurement of disability. Design Qualitative literature review and secondary data analysis. Results Absolute numbers of injuries as well as injury to death ratios in natural disasters have increased significantly over the last 40 years. Major impairments requiring health-related rehabilitation include amputations, traumatic brain injuries, spinal cord injuries (SCI), and long bone fractures. Studies show that persons with pre-existing disabilities are more likely to die in a natural disaster. Lack of health-related rehabilitation in natural disaster relief may result in additional burdening of the health system capacity, exacerbating baseline weak rehabilitation and health system infrastructure. Little scientific evidence on the effectiveness of health-related rehabilitation interventions following natural disaster exists, however. Although systematic assessment and measurement of disability after a natural disaster is currently lacking, new approaches have been suggested. Conclusion Health-related rehabilitation potentially results in decreased morbidity due to disabling injuries sustained during a natural disaster and is, therefore, an essential component of the medical response by the host and international communities. Significant systematic challenges to effective delivery of rehabilitation interventions during disaster include a lack of trained responders as well as a lack of medical recordkeeping, data collection, and established outcome measures. Additional development of health

Evolving International Practices for Protection of Human Rights- the UN Human Rights Advisory Panel and EU Human Rights Review Panel

Directory of Open Access Journals (Sweden)

Remzije ISTREFI

2017-03-01

Full Text Available This article analyses the unique development of the international human rights non judicial protection mechanism in Kosovo. Since 1999 Kosovo has been placed under international supervision carried out by international organizations, namely the United Nations and the European Union. The UN’s Mission in Kosovo (UNMK was unprecedented both in scope and structural complexity. After the Declaration of Independence by Kosovo authorities on 17 February 2008, the European Union Rule of Law Mission in Kosovo EULEX took over to assist and support the Kosovo authorities in the rule of law area, specifically in the areas of the police, the judiciary and customs. The UNMIK’s extensive mandate and EULEXs limited executive powers in practice have affected human rights of Kosovars as a consequence of the UNMIK and EULEX actions and inactions in the course of exercise of their mandates. This study will try to reveal the processes that lead to establishment of these two unique international human rights Panels and their impact on human rights protection of individuals under international administration. The main question to be addressed is if these two human rights panels are providing the adequate remedy for addressing human rights violations by international actors in a post conflict Kosovo.

International telemedicine consultations for neurodevelopmental disabilities.

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Pearl, Phillip L; Sable, Craig; Evans, Sarah; Knight, Joseph; Cunningham, Parker; Lotrecchiano, Gaetano R; Gropman, Andrea; Stuart, Sheela; Glass, Penny; Conway, Anne; Ramadan, Issam; Paiva, Tania; Batshaw, Mark L; Packer, Roger J

2014-06-01

A telemedicine program was developed between the Children's National Medical Center (CNMC) in Washington, DC, and the Sheikh Khalifa Bin Zayed Foundation in the United Arab Emirates (UAE). A needs assessment and a curriculum of on-site training conferences were devised preparatory to an ongoing telemedicine consultation program for children with neurodevelopmental disabilities in the underserved eastern region of the UAE. Weekly telemedicine consultations are provided by a multidisciplinary faculty. Patients are presented in the UAE with their therapists and families. Real-time (video over Internet protocol; average connection, 768 kilobits/s) telemedicine conferences are held weekly following previews of medical records. A full consultation report follows each telemedicine session. Between February 29, 2012 and June 26, 2013, 48 weekly 1-h live interactive telemedicine consultations were conducted on 48 patients (28 males, 20 females; age range, 8 months-22 years; median age, 5.4 years). The primary diagnoses were cerebral palsy, neurogenetic disorders, autism, neuromuscular disorders, congenital anomalies, global developmental delay, systemic disease, and epilepsy. Common comorbidities were cognitive impairment, communication disorders, and behavioral disorders. Specific recommendations included imaging and DNA studies, antiseizure management, spasticity management including botulinum toxin protocols, and specific therapy modalities including taping techniques, customized body vests, and speech/language and behavioral therapy. Improved outcomes reported were in clinician satisfaction, achievement of therapy goals for patients, and requests for ongoing sessions. Weekly telemedicine sessions coupled with triannual training conferences were successfully implemented in a clinical program dedicated to patients with neurodevelopmental disabilities by the Center for Neuroscience at CNMC and the UAE government. International consultations in neurodevelopmental

Disability and the post-2015 development agenda.

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Tardi, Rachele; Njelesani, Janet

2015-01-01

The article considers the extent to which disability has been recognized and included in two main documents produced to date as part of the United Nations Post-2015 Development agenda process. This is the process that is defining the Sustainable Development Goals (SDGs), which will succeed the UN Millennium Development Goals (MDGs) after the latter reach their target date in 2015. The two documents examined in the article are the Outcome Document (July 2014) of the Open Working Group (OWG) on SDGs and the Report (August 2014) of the Intergovernmental Committee of Experts on Sustainable Development Financing (ICESDF). The OWG consisted of 30 seats shared by 70 UN Member States and was in charge of proposing goals and targets for the SDGs. The ICESDF worked in parallel to the OWG and its report proposed options on an effective financing strategy. The article emphasizes the importance of including persons with disabilities in the Post-2015 Agenda, especially in view of the latter's overarching focus on eradicating poverty. The inclusion of persons with disabilities is being recognized in the Post-2015 Agenda discussions as central to achieving sustainable development. Disability has been explicitly mentioned in the OWG and ICESDF documents. Although the results so far have been very good, more work still needs to be done to ensure that these explicit references are maintained in the final version of the SDGs, which will be adopted in September 2015. Furthermore, the new framework needs to have a stronger human rights foundation on which to ground these references and future indicators. Light for the World is an international confederation of national development non-governmental organizations (NGOs) aiming at an inclusive society, where the rights of persons with disabilities are realized without discrimination. Through a rights-based approach, Light for the World supports 175 programs in 25 countries in the areas of prevention of blindness, rehabilitation, inclusive

The right to appropriate and meaningful education for children with ASD.

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Marshall, David; Goodall, Craig

2015-10-01

This paper will explore from a 'child's rights perspective' the 'right' of children with autistic spectrum disorder (ASD) to appropriate and meaningful education. Human 'rights' principles within international law will be evaluated in relation to how they have been interpreted and applied in relation to achieving this 'right'. The International Convention of the Rights of the Child (United Nations in Convention on the rights of the child, office of the high commissioner, United Nations, Geneva, 1989) and the convention on the rights of the person with disability (United Nations in Convention on the rights of person's with disabilities and optional protocol, office of the high commissioner, United Nations, Geneva, 2006) amongst others will be utilised to argue the case for 'inclusive' educational opportunities to be a 'right' of every child on the autistic spectrum. The efficacy of mainstream inclusion is explored, identifying the position that a 'one size fits all' model of education is not appropriate for all children with ASD.

'You're disabled, why did you have sex in the first place?' An intersectional analysis of experiences of disabled women with regard to their sexual and reproductive health and rights in Gujarat State, India.

Science.gov (United States)

Dean, Laura; Tolhurst, Rachel; Khanna, Renu; Jehan, Kate

Globally, disabled people have significant unmet needs in relation to sexual and reproductive health (SRH). Disabled women in India face multiple discrimination: social exclusion, lack of autonomy with regard to their SRH, vulnerability to violence, and lack of access to SRH care. While they may face shared challenges, an intersectional perspective suggests that considering disabled women as a uniform and 'vulnerable' group is likely to mask multiple differences in their lived experiences. To explore commonality and heterogeneity in the experiences of disabled women in relation to their SRH needs and rights in Gujarat State, India. We conducted 22 in-depth qualitative interviews with women between the ages of 18 and 49 with any form of self-identified disability. Intersectionality was used as a lens for analysis and in sampling. Findings explore the experiences of disabled women in a number of different spheres related to decision making and SRH service use. Recognising heterogeneity is critical to inform rights-based approaches to promote SRH and rights for all disabled women. This suggests a need to encourage strategic alliances between social movements for gender equity and SRH and disability rights, in which common interests and agendas can be pursued whilst recognising and respecting differences.

Remarks before the Paralyzed Veterans of America, Disability Rights Conference (Washington, DC, April 5, 1984).

Science.gov (United States)

Reynolds, Wm. Bradford

This speech by the Assistant Attorney General in the Civil Rights Division of the Department of Justice describes the Reagan Administration's enforcement of section 504 of the Rehabilitation Act and other federal statutes protecting the rights of disabled people in America. The Supreme Court case of "Consolidated Rail Corporation v.…

The United Nations Convention on the Rights of Persons with Disabilities and Participation in Aotearoa New Zealand

Science.gov (United States)

Moriarity, L.; Dew, K.

2011-01-01

The involvement of persons with disabilities in formal decision-making processes is thought to have a range of benefits. However, research suggests that participatory processes may fail to match normative ideals. This study examines the participation of persons with disabilities in the development of the United Nations Convention on the Rights of…

The Right to Freedom of Association in the Workplace: Australia's Compliance with International Human Rights Law

OpenAIRE

Hutchinson, Zoé

2010-01-01

The right to freedom of association in the workplace is a well established norm of international human rights law. However, it has traditionally received insubstantial attention within human rights scholarship. This article situates the right to freedom of association at work within human rights discourses. It looks at the status, scope and importance of the right as it has evolved in international human rights law. In so doing, a case is put that there are strong reasons for states to comply...

International Covenant on Economic, Social and Cultural Rights

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Nicolae Dura

2013-05-01

Full Text Available The text of the International Covenant on Economic, Social and Cultural Rights - a high-class international document on the assurance and legal protection of the human rights - outlined a sum of principles regarding these rights, which fall within the broad range of legal doctrine on fundamental human rights. These principles are not contrary to the principles set out in the Charter of the United Nations and in the Universal Declaration of Human Rights, on the contrary, it were given an evident expression in its text content. That the authors of this Covenant wanted the assertion of these principle provisions, it is actually confirmed by the text of Article 24.

The United Nations Convention on the Rights of Persons with Disabilities: a new approach to decision-making in mental health law.

Science.gov (United States)

Morrissey, Fiona

2012-12-01

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.

Constitutional Socio-Economic Rights and International Law: "You ...

African Journals Online (AJOL)

Adenauer Foundation and Faculty of Law (NWU, Potchefstroom Campus) 3rd Human Rights Indaba on The Role of International Law in Understanding and Applying the Socio-economic Rights in South Africa's Bill of Rights.

A model to facilitate implementation of the International Classification of Functioning, Disability and Health into prosthetics and orthotics.

Science.gov (United States)

Jarl, Gustav; Ramstrand, Nerrolyn

2017-09-01

The International Classification of Functioning, Disability and Health is a classification of human functioning and disability and is based on a biopsychosocial model of health. As such, International Classification of Functioning, Disability and Health seems suitable as a basis for constructing models defining the clinical P&O process. The aim was to use International Classification of Functioning, Disability and Health to facilitate development of such a model. Proposed model: A model, the Prosthetic and Orthotic Process (POP) model, is proposed. The Prosthetic and Orthotic Process model is based on the concepts of the International Classification of Functioning, Disability and Health and comprises four steps in a cycle: (1) Assessment, including the medical history and physical examination of the patient. (2) Goals, specified on four levels including those related to participation, activity, body functions and structures and technical requirements of the device. (3) Intervention, in which the appropriate course of action is determined based on the specified goal and evidence-based practice. (4) Evaluation of outcomes, where the outcomes are assessed and compared to the corresponding goals. After the evaluation of goal fulfilment, the first cycle in the process is complete, and a broad evaluation is now made including overriding questions about the patient's satisfaction with the outcomes and the process. This evaluation will determine if the process should be ended or if another cycle in the process should be initiated. The Prosthetic and Orthotic Process model can provide a common understanding of the P&O process. Concepts of International Classification of Functioning, Disability and Health have been incorporated into the model to facilitate communication with other rehabilitation professionals and encourage a holistic and patient-centred approach in clinical practice. Clinical relevance The Prosthetic and Orthotic Process model can support the implementation

Psychiatry and human rights: a difficult relationship, but with a growing potential.

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Jarab, Jan

2015-01-01

Persons with psychosocial disabilities (mental health problems) are under the protection of the new United Nations Convention on Rights of Persons with Disabilities (CRPD). The CRPD brings a human rights-based approach to disability: it challenges paternalistic views by emphasizing the person as a rights-holder, an active subject, and not just a passive object of care. It also represents a challenge to mainstream human rights movements and mechanisms who have long paid insufficient attention to human rights of persons with (psychosocial) disabilities. It is increasingly understood that human rights of persons with psychosocial disabilities (mental health problems) should not be seen in the narrow perspective, as if the only issue was the most controversial one, that is, deprivation of liberty. In many areas, reform-minded psychiatrists have themselves initiated human rights-friendly reforms. For instance, efforts to implement article 19 of the CRPD—independent living and inclusion in the community—are increasingly becoming part of the mainstream in mental health care. There is potential for further synergy between mental health professionals and human rights activists in looking at the whole range of civil, political, economic, and social rights listed in the Universal Declaration of Human Rights—realizing that all these rights apply also to persons with psychosocial disabilities, and working together towards removing real-life obstacles to their enjoyment.The building of bridges between the two different types of expertise should be encouraged. In this regard, psychiatry would benefit from more cooperation across borders as well as with international human rights bodies, non-governmental organizations and persons with psychosocial disabilities themselves

‘You’re disabled, why did you have sex in the first place?’ An intersectional analysis of experiences of disabled women with regard to their sexual and reproductive health and rights in Gujarat State, India

Science.gov (United States)

Dean, Laura; Tolhurst, Rachel; Khanna, Renu; Jehan, Kate

2017-01-01

ABSTRACT ​Background: Globally, disabled people have significant unmet needs in relation to sexual and reproductive health (SRH). Disabled women in India face multiple discrimination: social exclusion, lack of autonomy with regard to their SRH, vulnerability to violence, and lack of access to SRH care. While they may face shared challenges, an intersectional perspective suggests that considering disabled women as a uniform and ‘vulnerable’ group is likely to mask multiple differences in their lived experiences. Objective: To explore commonality and heterogeneity in the experiences of disabled women in relation to their SRH needs and rights in Gujarat State, India. Methods: We conducted 22 in-depth qualitative interviews with women between the ages of 18 and 49 with any form of self-identified disability. Intersectionality was used as a lens for analysis and in sampling. Results: Findings explore the experiences of disabled women in a number of different spheres related to decision making and SRH service use. Conclusions: Recognising heterogeneity is critical to inform rights-based approaches to promote SRH and rights for all disabled women. This suggests a need to encourage strategic alliances between social movements for gender equity and SRH and disability rights, in which common interests and agendas can be pursued whilst recognising and respecting differences. PMID:28460595

Bioethics and international human rights.

Science.gov (United States)

Thomasma, D C

1997-01-01

Noting how the spread of medical technology is creating clashes with traditional values and within cultures, the author addresses the clash between Western rights-based incentives, as used by the United Nations to guarantee respect for life and dignity, and communitarian traditions. He proposes a mean between wholesale cultural relativism and international absolutism.

Reconsidering Sheltered Workshops in Light of the United Nations Convention on the Rights of Persons with Disabilities (2006

Directory of Open Access Journals (Sweden)

Charlotte May-Simera

2018-02-01

Full Text Available Sheltered work and related practices remain a prevalent service for people with intellectual disabilities. However, as a result of being placed in these, participants overwhelmingly remain segregated and excluded from their wider communities. This paper explores whether, with the advent of the United Nations Convention on the Rights of Persons with Disabilities, we can at least begin to assess the equality implications of such placements and argue that the experience of segregation itself represents numerous rights violations and discrimination. Having considered traditional equality mechanisms and their bearing on people with intellectual disabilities, this discussion explores how far the Convention’s re-envisioning of the basic principles of equality can perhaps provide a more promising outlook and ideological stance. Indeed, during the Convention’s inception, the negotiations circled around the conflicting opinions as to the purpose, usefulness, and future of sheltered work, revealing the existing tensions between protection and autonomy, shrouding all disability policy discussions. As a result, the question of sheltered work is not explicitly addressed in the treaty and the Committee on the Rights of Persons with Disabilities have been unable to definitively declare that the practice of sheltered work constitutes an act of discrimination. However, the Committee does as times demand that sheltered workshops be phased out where it is obvious that the practice of sheltered work is directly linked to the exploitation of workers. Moreover, certain provisions in the Convention might help in determining wrongful discrimination in some, if limited, instances.

Rights and the Role of Family Engagement in Child Welfare: An International Treaties Perspective on Families' Rights, Parents' Rights, and Children's Rights

Science.gov (United States)

Lenzer, Gertrud; Gran, Brian

2011-01-01

According to international human rights treaties, what rights do family members, parents, and children have in family engagement in child welfare decision-making? A sociolegal analytical approach produces a typology of rights, then applies the typology to eight countries' approaches to family engagement to show that strong bundles of rights are…

[Functioning and disability: the International Classification of Functioning, Disability and Health (ICF)].

Science.gov (United States)

Fernández-López, Juan Antonio; Fernández-Fidalgo, María; Geoffrey, Reed; Stucki, Gerold; Cieza, Alarcos

2009-01-01

The World Health Organization's International Classification of Functioning, Disability and Health (ICF) has provided a new foundation for our understanding of health, functioning, and disability. It covers most of the health and health-related domains that make up the human experience, and the most environmental factors that influence that experience of functioning and disability. With the exhaustive ICF, patients' functioning -including its components body functions and structures and activities and participation-, becomes a central perspective in medicine. To implement the ICF in medicine and other fields, practical tools (= ICF Core Sets) have been developed. They are selected sets of categories out of the whole classification which serve as minimal standards for the assessment and reporting of functioning and health for clinical studies and clinical encounters (Brief ICF Core Set) or as standards for multiprofessional comprehensive assessment (Comprehensive ICF Core Set). Different from generic and condition-specific health-status measures, the ICF Core Sets include important body functions and structures and contextual factors. The use of the ICF Core Sets provides an important step towards improved communications between healthcare providers and professionals, and will enable patients and their families to understand and communicate with health professionals about their functioning and treatment goals. Specific applications include multi- and interdisciplinary assessment in clinical settings and in legal expert evaluations and use in disease or functioning-management programs. The ICF has also a potential as a conceptual framework to clarify an interrelated universe of health-related concepts which can be elucidated based on the ICF and therefore will be an ideal tool for teaching students in all medical fields and may open doors to multi-professional learning.

Is the UN Convention on the Rights of Persons with Disabilities Impacting Mental Health Laws and Policies in High-Income Countries? A Case Study of Implementation in Canada.

Science.gov (United States)

Hoffman, Steven J; Sritharan, Lathika; Tejpar, Ali

2016-11-11

Persons with psychosocial disabilities face disparate access to healthcare and social services worldwide, along with systemic discrimination, structural inequalities, and widespread human rights abuses. Accordingly, many people have looked to international human rights law to help address mental health challenges. On December 13, 2006, the United Nations formally adopted the Convention on the Rights of Persons with Disabilities (CRPD) - the first human rights treaty of the 21st century and the fastest ever negotiated. This study assesses the CRPD's potential impact on mental health systems and presents a legal and public policy analysis of its implementation in one high-income country: Canada. As part of this analysis, a critical review was undertaken of the CRPD's implementation in Canadian legislation, public policy, and jurisprudence related to mental health. While the Convention is clearly an important step forward, there remains a divide, even in Canada, between the Convention's goals and the experiences of Canadians with disabilities. Its implementation is perhaps hindered most by Canada's reservations to Article 12 of the CRPD on legal capacity for persons with psychosocial disabilities. The overseeing CRPD Committee has stated that Article 12 only permits "supported decision-making" regimes, yet most Canadian jurisdictions maintain their "substitute decision-making" regimes. This means that many Canadians with mental health challenges continue to be denied legal capacity to make decisions related to their healthcare, housing, and finances. But changes are afoot: new legislation has been introduced in different jurisdictions across the country, and recent court decisions have started to push policymakers in this direction. Despite the lack of explicit implementation, the CRPD has helped to facilitate a larger shift in social and cultural paradigms of mental health and disability in Canada. But ratification and passive implementation are not enough. Further

International financial institutions and human rights: implications for public health.

Science.gov (United States)

Stubbs, Thomas; Kentikelenis, Alexander

2017-01-01

Serving as lender of last resort to countries experiencing unsustainable levels of public debt, international financial institutions have attracted intense controversy over the past decades, exemplified most recently by the popular discontent expressed in Eurozone countries following several rounds of austerity measures. In exchange for access to financial assistance, borrowing countries must settle on a list of often painful policy reforms that are aimed at balancing the budget. This practice has afforded international financial institutions substantial policy influence on governments throughout the world and in a wide array of policy areas of direct bearing on human rights. This article reviews the consequences of policy reforms mandated by international financial institutions on the enjoyment of human rights, focusing on the International Monetary Fund and World Bank. It finds that these reforms undermine the enjoyment of health rights, labour rights, and civil and political rights, all of which have deleterious implications for public health. The evidence suggests that for human rights commitments to be met, a fundamental reorientation of international financial institutions' activities will be necessary.

Fear of falling predicts incidence of functional disability two years later: A perspective from an international cohort study.

Science.gov (United States)

Auais, Mohammad; French, Simon; Alvarado, Beatriz; Pirkle, Catherine; Belanger, Emmanuelle; Guralnik, Jack

2017-12-06

To study the extent to which fear of falling (FOF) is associated with the onset of functional disability over a 2-year period in older adults using self-reported and performance-based measures. In 2012, 1,601 participants (aged 65-74) were recruited from four sites: Kingston and Saint-Hyacinthe, Canada; Manizales, Colombia; and Natal, Brazil. They were re-assessed in 2014. We quantified FOF using the Fall Efficacy Scale-International (FES-I; range: 16-64). Functional disability measures were 1) self-reported incident mobility disability, defined as difficulty climbing a flight of stairs or walking 400 meters and 2) incident poor physical performance, defined as a score <9 on the Short Physical Performance Battery. In the Poisson regression analysis, we included only those participants without functional disability at baseline to calculate incident risk ratios in 2014. 1,355 participants completed the 2014 assessment, of which 917 and 1,078 had no mobility disability and poor physical performance at baseline, respectively. In 2014, 131 (14.3%), and 166 (15.4%) participants reported incident mobility disability and poor physical performance, respectively. After adjusting for age, sex, socioeconomic, and health covariates, a one-point increase in FES-I at baseline was associated with a 4% increase in the risk of reporting incident mobility disability (95% CI: 1.02-1.05) and a 3% increase in the risk of developing poor physical performance at follow up in the overall sample (95%CI: 1.01-1.05). FOF is associated with a higher risk of incident mobility disability and poor physical performance in a cohort of older adults. It is increasingly important to study FOF's effect on functional disability and to take necessary measures to prevent the transition to end-stage disability. © The Author(s) 2017. Published by Oxford University Press on behalf of The Gerontological Society of America. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

Bridging international law and rights-based litigation: mapping health-related rights through the development of the Global Health and Human Rights Database.

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Meier, Benjamin Mason; Cabrera, Oscar A; Ayala, Ana; Gostin, Lawrence O

2012-06-15

The O'Neill Institute for National and Global Health Law at Georgetown University, the World Health Organization, and the Lawyers Collective have come together to develop a searchable Global Health and Human Rights Database that maps the intersection of health and human rights in judgments, international and regional instruments, and national constitutions. Where states long remained unaccountable for violations of health-related human rights, litigation has arisen as a central mechanism in an expanding movement to create rights-based accountability. Facilitated by the incorporation of international human rights standards in national law, this judicial enforcement has supported the implementation of rights-based claims, giving meaning to states' longstanding obligations to realize the highest attainable standard of health. Yet despite these advancements, there has been insufficient awareness of the international and domestic legal instruments enshrining health-related rights and little understanding of the scope and content of litigation upholding these rights. As this accountability movement evolves, the Global Health and Human Rights Database seeks to chart this burgeoning landscape of international instruments, national constitutions, and judgments for health-related rights. Employing international legal research to document and catalogue these three interconnected aspects of human rights for the public's health, the Database's categorization by human rights, health topics, and regional scope provides a comprehensive means of understanding health and human rights law. Through these categorizations, the Global Health and Human Rights Database serves as a basis for analogous legal reasoning across states to serve as precedents for future cases, for comparative legal analysis of similar health claims in different country contexts, and for empirical research to clarify the impact of human rights judgments on public health outcomes. Copyright © 2012 Meier, Nygren

International criminal tribunals and human rights law: Adherence and contextualization

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Zeegers, K.J.

2015-01-01

Given their mandate to prosecute persons responsible for the most atrocious of human rights violations, International Criminal Tribunals (ICTs) are generally hailed as welcome enforcers of international human rights law: a new instrument in the toolkit of human rights protectors. However, ICTs

Embracing international children's rights: from principles to practice.

Science.gov (United States)

Oberg, Charles N

2012-07-01

As clinicians, pediatricians need to be cognizant of the how the principles of equity, social justice, and children's rights help to inform and guide us as we strive for the health and well being of all children. Children of the world are frequently the most vulnerable global citizens facing poverty, displacement, and lack of life's basic necessities. An awareness of international children's rights can serve as a catalyst for working toward the ultimate dream that all children have the right to be raised in a warm and loving family as part of the global community where health and well-being is realized. To that end, the American Academy of Pediatrics has a number of valuable resources designed to promote a better understanding of international children's rights. These include the Community Pediatric Section's Children's Rights Curriculum dedicated to increasing awareness of the UN Convention on the Rights of the Children and the relationship between public policy, advocacy, and children's health. In addition, the American Academy of Pediatrics' Section on International Child Health is committed to improving the health and well-being of the world's children through education, advocacy, research, and the delivery of health services and the creation of effective global partnerships.

Collaborating with the Disability Rights Community: Co-Writing a Code of Ethics as a Vehicle for Ethics Education

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Tarvydas, Vilia; Hartley, Michael; Jang, Yoo Jin; Johnston, Sara; Moore-Grant, Nykeisha; Walker, Quiteya; O'Hanlon, Chris; Whalen, James

2012-01-01

An ethics project is described that challenged students to collaborate with disability rights authorities to co-write a code of ethics for a Center of Independent Living. Experiential and reflective assignments analyzed how the construction of knowledge and language is never value-neutral, and people with disabilities need to have a voice in…

What Is Right? Ethics in Intellectual Disabilities Research

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McDonald, Katherine E.; Kidney, Colleen A.

2012-01-01

There are important benefits to including adults with intellectual disabilities in research. Calls for their increased participation in research co-occur with notable discussion about how to conduct ethically strong research with adults with intellectual disabilities, a population widely considered vulnerable in the context of research. The…

International Legal Realities of Migrant Labour Rights

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Giovanni Di Lieto

2015-11-01

Full Text Available This paper is concerned with the evolutionary process of the global governance of labour migration, which has led to the progressive privatisation and commodification of international labour mobility. The focus is on the effects of such change on working conditions for migrants. In particular, the analysis is concerned with legal conceptualisations of labour mobility and their repercussions on the normative process of migration governance. For people on the move, the journey almost always entails sacrifices and uncertainty. The possible costs range from the emotional cost of separation from families and friends to high monetary fees. The stakes can include the physical dangers of working in dangerous occupations, or even a risk of death, such as in the case of illegal border crossings. Nevertheless, millions of people are still attempting movement, facing these costs or risks, in order to improve their living standards and those of their families. The implications for international human rights law are striking. Thus, attention is drawn to the human rights of all migrant workers, and more specifically to the protection and development of basic labour rights in the framework of international organisations. Ultimately, the main point of this study is to evaluate to what extent the freedom to choose where to work and to do so in decent conditions is a current legal reality at both the national and international levels.

Dairy cow disability weights.

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McConnel, Craig S; McNeil, Ashleigh A; Hadrich, Joleen C; Lombard, Jason E; Garry, Franklyn B; Heller, Jane

2017-08-01

Over the past 175 years, data related to human disease and death have progressed to a summary measure of population health, the Disability-Adjusted Life Year (DALY). As dairies have intensified there has been no equivalent measure of the impact of disease on the productive life and well-being of animals. The development of a disease-adjusted metric requires a consistent set of disability weights that reflect the relative severity of important diseases. The objective of this study was to use an international survey of dairy authorities to derive disability weights for primary disease categories recorded on dairies. National and international dairy health and management authorities were contacted through professional organizations, dairy industry publications and conferences, and industry contacts. Estimates of minimum, most likely, and maximum disability weights were derived for 12 common dairy cow diseases. Survey participants were asked to estimate the impact of each disease on overall health and milk production. Diseases were classified from 1 (minimal adverse effects) to 10 (death). The data was modelled using BetaPERT distributions to demonstrate the variation in these dynamic disease processes, and to identify the most likely aggregated disability weights for each disease classification. A single disability weight was assigned to each disease using the average of the combined medians for the minimum, most likely, and maximum severity scores. A total of 96 respondents provided estimates of disability weights. The final disability weight values resulted in the following order from least to most severe: retained placenta, diarrhea, ketosis, metritis, mastitis, milk fever, lame (hoof only), calving trauma, left displaced abomasum, pneumonia, musculoskeletal injury (leg, hip, back), and right displaced abomasum. The peaks of the probability density functions indicated that for certain disease states such as retained placenta there was a relatively narrow range of

Understanding intellectual disability through RASopathies.

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San Martín, Alvaro; Pagani, Mario Rafael

2014-01-01

Intellectual disability, commonly known as mental retardation in the International Classification of Disease from World Health Organization, is the term that describes an intellectual and adaptive cognitive disability that begins in early life during the developmental period. Currently the term intellectual disability is the preferred one. Although our understanding of the physiological basis of learning and learning disability is poor, a general idea is that such condition is quite permanent. However, investigations in animal models suggest that learning disability can be functional in nature and as such reversible through pharmacology or appropriate learning paradigms. A fraction of the cases of intellectual disability is caused by point mutations or deletions in genes that encode for proteins of the RAS/MAP kinase signaling pathway known as RASopathies. Here we examined the current understanding of the molecular mechanisms involved in this group of genetic disorders focusing in studies which provide evidence that intellectual disability is potentially treatable and curable. The evidence presented supports the idea that with the appropriate understanding of the molecular mechanisms involved, intellectual disability could be treated pharmacologically and perhaps through specific mechanistic-based teaching strategies. Copyright © 2014 Elsevier Ltd. All rights reserved.

Ethical Issues in Disability and Rehabilitation. Report of an International Conference of the Society for Disability Studies (2nd, Denver, Colorado, June 23-24, 1989).

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Duncan, Barbara, Ed.; Woods, Diane E., Ed.

This monograph consists of five parts: (1) introductory material including a conference overview; (2) papers presented at an international symposium on the topic of ethical issues in disability and rehabilitation as a section of the Annual Conference of the Society for Disability Studies; (3) responses to the symposium, prepared by four of the…

Disability and sexuality as right to quality of life aspects view of social workers

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Asta

2015-12-01

address the sexuality issues for people with mental disabilities view of social workers. Objectives of the study – describe the rights of mentally disabled individuals; address the concept of sexuality for people with mental disabilities; analyse social workers’ opinion about people with intellectual disabilities and sexuality. Social workers think that parents should assist any child – regardless of her/his abilities – to develop life skills. Societal discomfort – both with sexuality and also with the sexuality of people who live with disabilities – may mean that it is easier to view anyone who lives with disabilities as an ‘eternal child.’ This demeaning view ignores the need to acknowledge the young person’s sexuality and also denies her/his full humanity. The main problem thus is not the lack of sexual activity, but lack of sexual education. Without proper sex education, people with mental disabilities are at great risk to sexual exploitation, sexually transmitted diseases and unplanned pregnancy. Sex education must, therefore, encompass skills to prevent sex abuse and encouragement to report and seek treatment for unwanted sexual activity. Experts in the field agree that disabled individuals are entitled to a full sexual life. Sex education materials and programs do exist that are designed to meet the needs of people who live with physical, emotional, and mental disabilities. However, the conducted surveys revealed that social experts working in the field tend to avoid responsibilities and pass on the education related matters to the parents’ shoulders or suggest enrolling to sex education classes. Keywords: mental disability, sexuality, social workers.

FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE

OpenAIRE

Clara Staples

2016-01-01

This paper will firstly examine the International framework of human rights law and its guidelines for safeguarding the right to freedom of speech in the press. Secondly, it will describe the constitutional and other legal rights protecting freedom of speech in Indonesia and assess their compatibility with the right to freedom of speech under the International human rights law framework. Thirdly it will consider the impact of Indonesia's constitutional law and criminal and civil law, includin...

International Literature Review on WHODAS II (World Health Organization Disability Assessment Schedule II

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Federici, Stefano

2009-06-01

Full Text Available This review is a critical analysis regarding the study and utilization of the World Health Organization Disability Assessment Schedule II (WHODAS II as a basis for establishing specific criteria for evaluating relevant international scientific literature.The WHODAS II is an instrument developed by the World Health Organisation in order to assess behavioural limitations and restrictions related to an individual’s participation, independent from a medical diagnosis. This instrument was developed by the WHO’s Assessment, Classification and Epidemiology Group within the framework of the WHO/NIH Joint Project on Assessment and Classification of Disablements. To ascertain the international dissemination level of for WHODAS II’s utilization and, at the same time, analyse the studies regarding the psychometric validation of the WHODAS II translation and adaptation in other languages and geographical contests. Particularly, our goal is to highlight which psychometric features have been investigated, focusing on the factorial structure, the reliability, and the validity of this instrument. International literature was researched through the main data bases of indexed scientific production: the Cambridge Scientific Abstracts – CSA, PubMed, and Google Scholar, from 1990 through to December 2008.The following search terms were used:“whodas”, in the field query, plus “title” and “abstract”.The WHODAS II has been used in 54 studies, of which 51 articles are published in international journals, 2 conference abstracts, and one dissertation abstract. Nevertheless, only 7 articles are published in journals and conference proceedings regarding disability and rehabilitation. Others have been published in medical and psychiatric journals, with the aim of indentifying comorbidity correlations in clinical diagnosis concerning patients with mental illness. Just 8 out of 51 articles have studied the psychometric properties of the WHODAS II. The

From "Learning Disability to Intellectual Disability"--Perceptions of the Increasing Use of the Term "Intellectual Disability" in Learning Disability Policy, Research and Practice

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Cluley, Victoria

2018-01-01

Background: The term "intellectual disability" is increasingly used to refer to people with learning disabilities in British learning disability policy, practice and research. This change is undoubtedly a reflection of the changing international context. The inclusion of the term "intellectual disability" has been particularly…

The Concept of Quality of Life and Its Role in Enhancing Human Rights in the Field of Intellectual Disability

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Verdugo, M. A.; Navas, P.; Gomez, L. E.; Schalock, R. L.

2012-01-01

Background: The changed societal views of persons with disabilities are reflected in the 2006 United Nations "Convention on the Rights of Persons with Disabilities". However, what is not specified in the Convention is how to operationalise and measure the Articles composing the Convention, and how to use that information to further…

Human dignity according to international instruments on human rights

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José Pablo Alzina de Aguilar

2011-01-01

Full Text Available According to international instruments on human rights, the dignity of the human person is the foundation of human rights, and both human dignity and human rights are inherent to the human being, universal and inviolable. This understanding of human dignity is not a fruitless truism, but the solid foundation on which to build a world community under the rule of the new ius gentium: the International Law for Humankind. Moreover, it is the clue to answer many questions raised by the new world of globalization and of the exponential growth of international rules.Consequently, there is a need to a common doctrine on a notion of human dignity which will allow the implementation and adjudication of the aforementioned instruments, at the service of the human person and in conformity with the juridical conscience which they reflect. Philosophy of Law concepts which can be traced back to Aristotle provide that notion. According to these concepts, the demanding nature of “human dignity” sustains the notion of “legal personhood”, and both notions pertain to the realm of Law and Right, not of Morale and Values. Thus, human dignity and human rights are and must be, respectively, a basic principle and a necessary part of any Law system, including international law

Internal consistency & validity of Indian Disability Evaluation and Assessment Scale (IDEAS in patients with schizophrenia

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Sandeep Grover

2014-01-01

Full Text Available Background & objectives: The Indian Disability Evaluation and Assessment Scale (IDEAS has been recommended for assessment and certification of disability by the Government of India (GOI. However, the psychometric properties of IDEAS as adopted by GOI remain understudied. Our aim, thus, was to study the internal consistency and validity of IDEAS in patients with schizophrenia. Methods: A total of 103 consenting patients with residual schizophrenia were assessed for disability, quality of life (QOL and psychopathology using the IDEAS, WHO QOL-100 and Positive and Negative symptom scale (PANSS respectively. Internal consistency was calculated using Cronbach′s alpha. For construct validity, relations between IDEAS, and psychopathology and QOL were studied. Results: The inter-item correlations for IDEAS were significant with a Cronbach′s alpha of 0.721. All item scores other than score on communication and understanding; total and global IDEAS scores correlated significantly with the positive, negative and general sub-scales, and total PANSS scores. Communication and understanding was significantly related to negative sub-scale score only. Total and global disability scores correlated negatively with all the domains of WHOQOL-100 (ρ<0.01. The individual IDEAS item scores correlated negatively with various WHOQOL-100 domains (ρ0< 0.01. Interpretation & conclusions: This study findings showed that the GOI-modified IDEAS had good internal consistency and construct validity as tested in patients with residual schizophrenia. Similar studies need to be done with other groups of patients.

Pathological, Disabled, Transgender: The Ethics, History, Laws, and Contradictions in Models that Best Serve Transgender Rights.

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Wahlert, Lance; Gill, Sabrina

This article addresses the precarious place of transgender and gender non-cis persons in relation to their discrimination-protections in recent legal, medical, and ethical policies in the United States. At present, there exists a contradiction such that trans persons are considered "pathological" enough that they are included in the latest iteration of the American Psychiatric Association's Diagnostic and Statistical Manual (DSM-V) as "gender dysphoric," but they are not included in the category of "disabled" under the Americans with Disabilities Act (ADA). As such, trans persons in America are subject to the stigma of pathology (albeit with medical treatment) without the full protections of the ADA. By contrast, transgender and non-cis-gender Americans find their queer cohorts who are HIV-positive to be fully protected by the ADA. We ask whether transgender and non-cis-gender persons should embrace their (already pathologized) personhood as a disability. Sometimes "choosing disability" affords more rights than it deploys stigma.

Interpreting the International Right to Health in a Human Rights-Based Approach to Health

OpenAIRE

Hunt, Paul

2016-01-01

Abstract This article tracks the shifting place of the international right to health, and human rights-based approaches to health, in the scholarly literature and United Nations (UN). From 1993 to 1994, the focus began to move from the right to health toward human rights-based approaches to health, including human rights guidance adopted by UN agencies in relation to specific health issues. There is a compelling case for a human rights-based approach to health, but it runs the risk of playing...

75 FR 39429 - National Institute on Disability and Rehabilitation Research (NIDRR)-Disability and...

Science.gov (United States)

2010-07-08

... would deprive the disability and rehabilitation community in the U.S. of knowledge from many other... Project (DRRP)-- International Exchange of Knowledge and Experts in Disability and Rehabilitation Research... priority for a DRRP entitled International Exchange of Knowledge and Experts in Disability and...

[Disability as a restriction on social participation: challenges in evaluation since the Brazilian Inclusion of People with Disabilities Act].

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Santos, Wederson

2016-10-01

This article discusses the main advances and challenges for understanding and evaluating disability as a restriction for social participation. This new understanding has its origins in the 2006 WHO International Classification of Functioning, Disability, and Health - ICF, the 2001 UN Convention on the Rights of Persons with Disabilities, and more recently, the July 2015 Brazilian Inclusion of People with Disabilities Act (IPDA), also known as the Statute on Persons with Disabilities. The change in the understanding of disability from a merely biomedical perspective, to an understanding that is based on oppression and social inequality reinforces the idea that disability is not an individual attribute, but the result of a society that is not prepared for human diversity. Based on a legislative analysis of the many documents on policies regarding persons with disabilities, notably the IPDA and the evaluations of disability that the ICF already uses in Brazil, the main contention proposed is that classifying and valuing disability is challenging for professional evaluators as well as for Brazilian public policy. This is mainly due to the challenges of recognizing the barriers and environmental factors that hamper the full participation in society of people with disabilities.

Sports and disability.

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Wilson, Pamela E; Clayton, Gerald H

2010-03-01

Participation in recreational and competitive sports at an early age has long been touted as a positive influence on growth and development, and for fostering lifelong healthy lifestyles. The benefits of an active lifestyle include not only fitness, but the promotion of a sense of inclusion and improved self-esteem. These benefits are well documented in all populations, and their importance has been summarized in the recent Healthy People 2010 guidelines. The American Academy of Pediatrics has recently produced a summary statement on the benefits of activity for disabled children. They note that children with disabilities tend to have an overall lower level of fitness and an increased level of obesity. For this population, developing a lifelong desire to be active can be a simple means for limiting illness and much of the morbidity associated with sedentary lifestyles often associated with disability. For disabled youth, participation in disabled sports programs available nationally and internationally can be an effective means to promote such precepts. The goal of this focused review is to improve the learner's knowledge of the positive impact that active lifestyles can have on overall health in the disabled youth population and, as a result, modify their practice by incorporating recreational and competitive sport activities as part of improving overall patient care. Copyright 2010 American Academy of Physical Medicine and Rehabilitation. Published by Elsevier Inc. All rights reserved.

International human rights and cultural diversity: a balancing act

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Donders, Y.

2013-01-01

It is broadly agreed that international human rights law and cultural diversity have a mutually interdependent and beneficial relationship. Many human rights, such as the rights to freedom of expression, freedom of religion, freedom of assembly, as well as the rights to take part in cultural life

What about a Disability Rights Act for Canada?: Practices and lessons from America, Australia, and the United Kingdom.

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Prince, Michael J

2010-01-01

The Harper government and most national political parties are committed to a federal act for dealing with accessibility rights for persons with disabilities. The purpose of this article is to identify progressive lessons from countries with similar legislation for consideration by Canadian authorities. Countries surveyed are the United States, Australia, and the United Kingdom. While disability rights legislation is widely accepted to be a necessary policy initiative in light of ongoing barriers and exclusion, experience suggests that such laws are far from a sufficient response to promote access. Other policy instruments required include supportive employment programs, tax incentives, and the direct provision of basic supports.

The Voting Rights of Adults with Intellectual Disabilities: Reflections on the Arguments, and Situation in Kenya and England and Wales

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Redley, M.; Maina, E.; Keeling, A.; Pattni, P.

2012-01-01

Article 29 of the Convention on the Rights of Persons with Disabilities guarantees equality of political rights, including the right to vote and stand for election. The affirmation of these rights, first guaranteed by the Universal Declaration of Human Rights, raises an important question given the long-standing association between political…

Rights, laws and tensions: A comparative analysis of the Convention on the Rights of Persons with Disabilities and the WHO Resource Book on Mental Health, Human Rights and Legislation.

Science.gov (United States)

Duffy, Richard M; Kelly, Brendan D

Good mental health legislation is essential for ensuring high quality mental health care and protecting human rights. Many countries are attempting to bring mental health legislation in line with the UN - Convention on the Rights of Persons with Disability (UN-CRPD). The UN-CRPD requires policy-makers to rethink the 'medical model' of mental illness and existing laws. It also challenges WHO guidelines on drafting mental health law, described in the WHO Resource Book on Mental Health, Human Rights and Legislation (WHO-RB). This study examines the relationship between the UN-CRPD and the WHO-RB. It compares the documents, highlighting similarities and identifying areas of disagreement. The WHO-RB contains a checklist of human rights standards it recommends are met at national level. This study analyses each component on this checklist and identifies the relevant sections in the UN-CRPD that pertain to each. Both the UN-CRPD and WHO-RB address more than just acute exacerbations of illness, providing guidelines on, inter alia, treatment, education, occupation and housing. They are patient-centred and strongly influenced by social rights. The UN-CRPD, however, gives just superficial consideration to the management of acute illness, forensic and risk issues, and does little to identify the role of family and carers. The UN-CRPD has evolved from disability research and strong advocacy organisations. Careful consideration is needed to enable it to address the specific needs encountered in mental illness. Both the UN-CRPD and WHO-RB highlight common tensions that must be resolved by clinicians, and provide some guidance for stakeholders who commonly need to observe one principle at the expense of another. Copyright © 2017 Elsevier Ltd. All rights reserved.

Human Rights, Fundamental Freedoms and Universal Values in International Relations

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Lev S. Voronkov

2016-01-01

Full Text Available The author analyzes the evolution of human rights and fundamental freedoms in domestic political life of individual states and in international relations as well over the latest two centuries. The article traces the role of struggle for liberal political human rights and civilian freedoms in the dismantling of the feudal-absolutist regimes as well as the challenges of radical left-wing (communist and far right-wing (national-socialistic threats to be met by the supporters of liberal political rights and civil freedoms in the interwar period. The list of human rights and fundamental freedoms had constantly been updating in the postwar period, including by the efforts of the UNO and other international organizations, and fixing in different international documents. The author emphasizes the import role of the Conference on Security and Cooperation in Europe (CSCE in transforming the issues of human rights and fundamental freedoms into the essential element of public diplomacy of contemporary states. He traces the process of the increasing utilization of liberal political rights and civilian freedoms, which are usually the effective tools for domestic democratic transformation, within the framework of diplomatic practice of European and North-American states, aimed at ensuring their political and economic interests on the world stage. In this regard the author addresses the attempts of Western countries to legalize "humanitarian"interventions in circumvention of the UN Security Council. The article emphasizes the necessity to replenish the understanding of universal human rights and freedoms by the values, developed both by the international community within the framework of implementing the Millennium Development Goals and by various countries and peoples, which in sum constitute the modern international civilizational baggage.

People with disabilities and work inclusion in Latin America: challenges to the universalization of rights

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Wederson Santos

2017-12-01

Full Text Available Introduction: Occupational inclusion is one of the major contemporary challenges in promoting the human rights of people with disabilities in any country. Objective: To carry out a theoretical discussion and analysis of public policy through the characteristics of the legislative framework of the Latin American countries with their respective initiatives, policies and programs to promote the labor inclusion of people with disabilities. Method: The documents were analyzed, with emphasis on content analysis, in order to form a analysis framework on the main characteristics, similarities and challenges faced by these countries. Results: The main initiatives of the Latin American countries have been: 1. approval of legislation with mandatory vacancies in companies and public service; 2. creation of national computerized occupational intermediation systems; 3. Entrepreneurship of people with disabilities and 4. policies for personalized follow-up of the labor inclusion itinerary. Conclusion: The main challenges common to Latin American countries, which become barriers to inclusion, are: 1. To comply with the quotas reserved and to carry out supervision; 2. To increase the educational and professional qualification of the people; 3. To reconcile benefits of non-contributory / social security incomes with occupational contributions, 4. Raise awareness among businesses, families and society about the productivity and capacities of people with disabilities, and 5. Create tax exemptions and other incentives for companies to hire people with disabilities.

Mapping the rehabilitation interventions of a community stroke team to the extended International Classification of Functioning, Disability and Health Core Set for Stroke.

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Evans, Melissa; Hocking, Clare; Kersten, Paula

2017-12-01

This study aim was to evaluate whether the Extended International Classification of Functioning, Disability and Health Core Set for Stroke captured the interventions of a community stroke rehabilitation team situated in a large city in New Zealand. It was proposed that the results would identify the contribution of each discipline, and the gaps and differences in service provision to Māori and non-Māori. Applying the Extended International Classification of Functioning, Disability and Health Core Set for Stroke in this way would also inform whether this core set should be adopted in New Zealand. Interventions were retrospectively extracted from 18 medical records and linked to the International Classification of Functioning, Disability and Health and the Extended International Classification of Functioning, Disability and Health Core Set for Stroke. The frequencies of linked interventions and the health discipline providing the intervention were calculated. Analysis revealed that 98.8% of interventions provided by the rehabilitation team could be linked to the Extended International Classification of Functioning, Disability and Health Core Set for Stroke, with more interventions for body function and structure than for activities and participation; no interventions for emotional concerns; and limited interventions for community, social and civic life. Results support previous recommendations for additions to the EICSS. The results support the use of the Extended International Classification of Functioning, Disability and Health Core Set for Stroke in New Zealand and demonstrates its use as a quality assurance tool that can evaluate the scope and practice of a rehabilitation service. Implications for Rehabilitation The Extended International Classification of Functioning Disability and Health Core Set for Stroke appears to represent the stroke interventions of a community stroke rehabilitation team in New Zealand. As a result, researchers and clinicians may have

Perspectives on the International Classification of Functioning, Disability, and Health: Child and Youth Version (ICF-CY) and Occupational Therapy Practice

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Cramm, Heidi; Aiken, Alice B.; Stewart, Debra

2012-01-01

Classifying disability for children and youth has typically meant describing a diagnosis or developmental lag. The publication of the "International Classification of Functioning, Disability and Health: Child & Youth" version (ICF-CY) marks a global paradigm shift in the conceptualization and classification of childhood disability. Knowledge and…

Identifying the key concerns of Irish persons with intellectual disability.

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García Iriarte, Edurne; O'Brien, Patricia; McConkey, Roy; Wolfe, Marie; O'Doherty, Siobhain

2014-11-01

Internationally, people with intellectual disability are socially marginalized, and their rights under the United Nations Convention for the Rights of Persons with Disabilities (CRPD) are often ignored. This paper aims to define the key concerns of adults with an intellectual disability in relation to their participation in society using an inclusive research strategy for both data gathering and data analysis. A national study involving 23 focus groups and 168 persons was conducted on the island of Ireland with people with intellectual disability as co-facilitators. A thematic content analysis was undertaken of the verbatim transcripts initially by university co-researchers, and 19 themes were identified. Co-researchers with intellectual disability joined in identifying the eight core themes. These were as follows: living options, employment, relationships, citizenship, leisure time, money management, self-advocacy, and communication. The concerns are discussed within the framework of the CRPD, and implications for transforming service policy are drawn. Why we did the research In many countries, people with intellectual disability have difficulties doing things other people without disabilities do, for example to study, to get a job or to live independently. They also find that their rights are not respected under the Convention on the Rights of Persons with Disabilities (the Convention). We did this study to Learn what are the main issues for adults with intellectual disability in Ireland. Do research with people with intellectual disability. How we did the research People with intellectual disability and their supporters worked with university researchers to plan and do the research. We met with people in groups and 168 people told us about things important to them. What we found out We found that there were very important things that people talked about in the groups. We chose the most important: living options, employment, relationships, rights, leisure, money

Carrying on the Good Fight: Summary Paper from Think Tank 2000--Advancing the Civil and Human Rights of People with Disabilities from Diverse Cultures.

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National Council on Disability, Washington, DC.

This paper summarizes a May 2000 conference about advancing the civil and human rights of people with disabilities from diverse cultures. The conference included people with disabilities from diverse cultures and members of national civil rights organizations. The conference identified five priority areas for attention: (1) cultivating leadership…

The Right to Live--Disability Is Not a Crime.

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Blumberg, Lisa

1984-01-01

A physically disabled individual shares her horror at decisions of parents and doctors to deny medical treatment to handicapped infants. She avers that every child is born with a mix of talents and shortcomings, some more marked than others, and that disability should not be punished. (CL)

Evolution of disability in traffic accident victims in rehabilitation, characterized by the International Classification of Functioning, Disability and Health (ICF

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Ligia Regina de Oliveira

Full Text Available Abstract Introduction: The International Classification of Functioning, Disability and Health (ICF enables monitoring of the clinical evolution of a patient. Objective: This study aimed to characterize the evolution of disabilities in patients undergoing physical therapy following traffic accidents, using the ICF. Methods: A longitudinal study of 53 accident victims was conducted between April and October 2010, in a rehabilitation unit in the capital of Mato Grosso State, Brazil. Data from physical therapy evaluation were collected in 2 stages and coded by the ICF. Results: The average time between evaluation and reevaluation was 73.4 days. The evolution of functional impairment demonstrated a reduction in the number of patients with deficits, except for muscle tone functions. On initial evaluation, 90.6% had difficulty with sensory functions and pain, varying from mild to complete, decreasing to 67.9% on reevaluation, with pain still mostly present. Almost all patients (96.2% had a disability of neuromusculoskeletal and movement related functions on initial assessment, with a decrease to 15.7% of patients on reevaluation. The greatest improvements were observed in the categories of muscle strength (36.7% and gait pattern (30.6%. On reevaluation, improvement was also observed regarding perceived impairment of body structures, especially for those with severe and complete disability. Conclusion: The study confirmed a reduction in the percentage of patients with some form of disability, and positive development in functional capacity. The use of ICF enabled evaluation of physical disabilities and monitoring of the evolution of patients undergoing physical therapy.

The right to live in the community as the right to have rights

OpenAIRE

Gradwohl, Csilla

2017-01-01

The present thesis explores Article 19 of the United Nations Convention on the Rights of Persons with Disabilities, which recognizes the right of all persons with disabilities to live in the community, with choices equal to others. The relationship between Article 19 and the other articles of the Convention are explored, in order to discuss the role of Article 19 in the Convention. The thesis examines whether the right to live in the community, set out in Article 19, can be considered as the ...

Changing International ‘Subjectivity’ and Rights and Obligations under International Law – Status of Corporations

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Merja Pentikäinen

2012-01-01

Full Text Available Globalisation, liberation of trade supported by institutions such as the WTO, the unprecedented internationalisation of companies' activities in the global market, the creation of even larger company entities (including multinational corporations and the ensuing growth of business power have radically restructured the equilibrium of companies' relations with state and society. In the contemporary world many companies are de facto stronger and more influential actors than states, and their activities have concrete effects on political, cultural and societal aspects in the countries where they operate or to which they have other business links. These developments have created new kinds of challenges, e.g. for the protection of human rights which may be undermined by business activities. In this situation corporations are increasingly expected to pay due regard to avoiding activities contributing to human rights violations. The doctrine of subjects of international law (international 'subjectivity' considers states as the primary subjects, in addition to which also some other actors have been granted the status as a subject, including even corporations. This article sheds light on the shifts that have taken place in the doctrine of international 'subjectivity' and the paradigm of rights and obligations under international law linked to this 'subjectivity'. Particular attention is paid to the position of corporations, and the exploration is conducted through the prism of the development of rights and obligations in the area of international human rights law.

Experiencing Rights within Positive, Person-Centred Support Networks of People with Intellectual Disability in Australia

Science.gov (United States)

Hillman, A.; Donelly, M.; Whitaker, L.; Dew, A.; Stancliffe, R. J.; Knox, M.; Shelley, K.; Parmenter, T. R.

2012-01-01

Background: This research describes issues related to human rights as they arose within the everyday lives of people in nine personal support networks that included adult Australians with an intellectual disability (ID). Method: The research was part of a wider 3-year ethnographic study of nine personal support networks. A major criterion for…

“GAY RIGHTS ARE HUMAN RIGHTS”: : THE FRAMING OF NEW INTERPRETATIONS OF INTERNATIONAL HUMAN RIGHTS NORMS

NARCIS (Netherlands)

Holzhacker, Ron

2014-01-01

“Gay Rights are Human Rights” may have begun as a slogan chanted in the street, but academics and human rights organizations began to use the international human rights frame systematically in the 1990s to argue for universal human rights to fully apply to LGBT persons. This framing gradually began

Mapping Progress : Human Rights and International Students in Australia

Directory of Open Access Journals (Sweden)

Andrew Jakubowicz

2015-12-01

Full Text Available The rapid growth in international student numbers in Australia in the first decade of the  2000s was accompanied by a series of public crises. The most important of these was the outbreak in Melbourne Victoria and elsewhere of physical attacks on the students. Investigations at the time also pointed to cases of gross exploitation, an array of threats that severely compromised their human rights. This paper reviews and pursues the outcomes of a report prepared by the authors in 2010 for Universities Australia and the Human Rights Commission. The report reviewed social science research and proposed a series of priorities for human rights interventions that were part of the Human Rights Commission’s considerations.  New activity, following the innovation of having international students specifically considered by the Human Rights Commission, points to initiatives that have not fully addressed the wide range of questions at state.

Global Forest Rights Action Research | IDRC - International ...

International Development Research Centre (IDRC) Digital Library (Canada)

How can such rights and benefits be distributed equitably within communities? ... strengthened livelihoods through improved forest management;; partnership ... Enhancing the Action Research Capacity of the International Model Forest Network ... by bringing research findings, mainly from earlier IDRC-supported work, into ...

An International Clinical Study of Ability and Disability in Autism Spectrum Disorder Using the WHO-ICF Framework

DEFF Research Database (Denmark)

Mahdi, Soheil; Albertowski, Katja; Almodayfer, Omar

2018-01-01

This is the fourth international preparatory study designed to develop International Classification of Functioning, Disability and Health (ICF, and Children and Youth version, ICF-CY) Core Sets for Autism Spectrum Disorder (ASD). Examine functioning of individuals diagnosed with ASD as documented...

THE CONTEMPORARY INTERNATIONAL LAW. A RELATION BETWEEN HUMAN RIGHTS AND THE INTERNATIONAL HUMANITARIAN LAW

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JEANNETTE IRIGOIN BARRENE

2018-01-01

Full Text Available During an armed conflict, a change in the application of the human right regulations and international humanitarian law can be observed in the practice of contemporary international law. It is possible to observe at UN and International Courts’ levels an interesting trend in the sense of considering the application of both systems simultaneously in cases of international crisis as well as in internal conflicts. This innovation in contemporary international law can be observed initially in the change experimented by the legislation of the Human Rights’ European Court and specially and clearer in the Human Rights’ Inter American Court, which in cases against Honduras, Colombia, Paraguay and other countries, states that the State, being warrantor of the efficient protection of civil population, must apply and honor not only the Human Rights’ American Convention, but also the articles 13th and 14th of the II protocol of the Geneva Conventions of 1949. The convergence of both branches of the Law, and its application may help to achieve a better defense and efficiency of the fundamental rights of the human being.

FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE

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Clara Staples

2016-06-01

Full Text Available This paper will firstly examine the international framework of human rights law and its guidelines for safeguarding the right to freedom of speech in the press. Secondly, it will describe the constitutional and other legal rights protecting freedom of speech in Indonesia and assess their compatibility with the right to freedom of speech under the international human rights law framework. Thirdly it will consider the impact of Indonesia’s constitutional law and criminal and civil law, including sedition and defamation laws, and finally media ownership, on the interpretation and scope of the right to freedom of speech in the press. Consideration of these laws will be integrated with a discussion of judicial processes. This discussion will be used to determine how and in what circumstances the constitutional right to freedom of speech in the press may be facilitated or enabled, or on the other hand, limited, overridden or curtailed in Indonesia. Conclusions will then be drawn regarding the strengths and weaknesses of Indonesian laws in safeguarding the right to freedom of speech in the press and the democratic implications from an international human rights perspective. This inquiry will be restricted to Indonesian laws in existence during the post-New Order period of 1998 to the present, and to the information and analysis provided by English-language sources.

International human rights for mentally ill persons: the Ontario experience.

Science.gov (United States)

Zuckerberg, Joaquin

2007-01-01

This article is part of a working project which assesses Ontario's mental health legislation and practice vis-à-vis international human rights standards. The paper focuses on procedural safeguards provided by the major international human rights instruments in the field of mental health law such as the UN Principles for the Protection of Persons with Mental Illness (MI Principles) and the European Convention on Human Rights as interpreted by the European Human Rights Court. In analysing Ontario's compliance with international standards, the paper will explore some problems arising from the implementation of the legislation with which the author is familiar with from his experience as counsel for the Consent and Capacity Board. The paper aims to generate discussion for potential reforms in domestic legal systems and to provide a methodology to be used as a tool to assess similar mental health legislation in other local contexts.

Language and functionality of post-stroke adults: evaluation based on International Classification of Functioning, Disability and Health (ICF).

Science.gov (United States)

Santana, Maria Tereza Maynard; Chun, Regina Yu Shon

2017-03-09

Cerebrovascular accident is an important Public Health problem because of the high rates of mortality and sequelae such as language disorders. The conceptual health changes have led to the incorporation of functional and social aspects in the assessments as proposed by the World Health Organization in the International Classification of Functioning, Disability and Health. The purpose was to evaluate and classify language aspects, functionality and participation of post-stroke individuals based on the concepts of the International Classification of Functioning, Disability and Health and characterize the sociodemographic profile of participants. Data collection was carried out through the application of a clinical instrument to evaluate language, participation and functionality in fifty individuals based on the International Classification of Functioning, Disability and Health. The age of the participants varied between 32 and 88 years, and the majority were elderly men. Among body functions, the participants reported more difficulties in "memory functions". As for activity and participation, more difficulties were reported in "recreation and leisure". As for environmental factors, the component "healthcare professionals" was indicated as a facilitator by the majority of participants. The results show the impact of language difficulties in the lives of post-stroke adults and reinforce the applicability of the International Classification of Functioning, Disability and Health as an important complementary tool for assessing language, functionality and participation in a comprehensive and humane approach, towards the improvement of health assistance in ambulatory care.

An Analysis of Basic Construction Variables of Racing Wheelchairs Used in the 1984 International Games for the Disabled.

Science.gov (United States)

York, Sherril L.; Kimura, Iris F.

1987-01-01

A photographic analysis of racing wheelchairs used by cerebral palsy class four athletes and amputee athletes at the 1984 International Games for the Disabled was undertaken in order to analyze seven wheelchair construction variables in relation to performance outcome, distance raced, and type of disability of the user. (Author/MT)

The Gestalt of functioning in autism spectrum disorder: Results of the international conference to develop final consensus International Classification of Functioning, Disability and Health core sets.

Science.gov (United States)

Bölte, Sven; Mahdi, Soheil; de Vries, Petrus J; Granlund, Mats; Robison, John E; Shulman, Cory; Swedo, Susan; Tonge, Bruce; Wong, Virginia; Zwaigenbaum, Lonnie; Segerer, Wolfgang; Selb, Melissa

2018-01-01

Autism spectrum disorder is associated with diverse social, educational, and occupational challenges. To date, no standardized, internationally accepted tools exist to assess autism spectrum disorder-related functioning. World Health Organization's International Classification of Functioning, Disability and Health can serve as foundation for developing such tools. This study aimed to identify a comprehensive, a common brief, and three age-appropriate brief autism spectrum disorder Core Sets. Four international preparatory studies yielded in total 164 second-level International Classification of Functioning, Disability and Health candidate categories. Based on this evidence, 20 international autism spectrum disorder experts applied an established iterative decision-making consensus process to select from the candidate categories the most relevant ones to constitute the autism spectrum disorder Core Sets. The consensus process generated 111 second-level International Classification of Functioning, Disability and Health categories in the Comprehensive Core Set for autism spectrum disorder-one body structure, 20 body functions, 59 activities and participation categories, and 31 environmental factors. The Common Brief Core Set comprised 60 categories, while the age-appropriate core sets included 73 categories in the preschool version (0- to 5-year-old children), 81 in the school-age version (6- to 16-year-old children and adolescents), and 79 in the older adolescent and adult version (⩾17-year-old individuals). The autism spectrum disorder Core Sets mark a milestone toward the standardized assessment of autism spectrum disorder-related functioning in educational, administrative, clinical, and research settings.

Semantic aspects of the International Classification of Functioning, Disability and Health: towards sharing knowledge and unifying information.

Science.gov (United States)

Andronache, Adrian Stefan; Simoncello, Andrea; Della Mea, Vincenzo; Daffara, Carlo; Francescutti, Carlo

2012-02-01

During the last decade, under the World Health Organization's direction, the International Classification of Functioning, Disability and Health (ICF) has become a reference tool for monitoring and developing various policies addressing people with disability. This article presents three steps to increase the semantic interoperability of ICF: first, the representation of ICF using ontology tools; second, the alignment to upper-level ontologies; and third, the use of these tools to implement semantic mappings between ICF and other tools, such as disability assessment instruments, health classifications, and at least partially formalized terminologies.

Evolving International Practices for Protection of Human Rights- the UN Human Rights Advisory Panel and EU Human Rights Review Panel

OpenAIRE

Remzije ISTREFI

2017-01-01

This article analyses the unique development of the international human rights non judicial protection mechanism in Kosovo. Since 1999 Kosovo has been placed under international supervision carried out by international organizations, namely the United Nations and the European Union. The UN’s Mission in Kosovo (UNMK) was unprecedented both in scope and structural complexity. After the Declaration of Independence by Kosovo authorities on 17 February 2008, the European Union Rule ...

Truth and victims’ rights: Towards a legal epistemology of international criminal justice

OpenAIRE

Aguilera, Edgar R.

2013-01-01

The author advances the thesis that the now well established international crime victims' right to know the truth creates an opportunity for an applied epistemology reflection regarding international criminal justice. At the heart of the project lies the author's argument that this victims' right -if taken seriously- implies both the right that the international criminal justice system's normative structures or legal frameworks and practices feature a truth-promoting profile, or in other word...

The Enemy at the Gates: International Borders, Migration and Human Rights

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Pia Oberoi

2013-07-01

Full Text Available This article considers contemporary border management regimes from a human rights perspective. It demonstrates how a preoccupation with border controls and enforcement has led to serious concerns for the safety and protection of migrants. As border zones have expanded, border crossing has become a more stigmatized and dangerous activity, and even as globalization has given rise to easier and faster international travel, for some, such movement has been outlawed and stigmatized. Measures to strengthen and “secure” borders have paradoxically made migrants, particularly irregular and vulnerable migrants, more at risk of violence and exploitation by non-State and State actors. Migration governance regimes at international borders are thus increasingly located within security and enforcement frameworks that pay little attention to the principles and standards of international human rights law. The paper argues that a human rights-based approach to such regimes is urgently needed, in order to address a growing human rights crisis at international borders.

Leveraging Employer Practices in Global Regulatory Frameworks to Improve Employment Outcomes for People with Disabilities

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Matthew C. Saleh

2018-03-01

Full Text Available Work is an important part of life, providing both economic security and a forum to contribute one’s talents and skills to society, thereby anchoring the individual in a social role. However, access to work is not equally available to people with disabilities globally. Regulatory environments that prohibit discrimination and support vocational training and educational opportunities constitute a critical first step toward economic independence. However, they have not proven sufficient in themselves. In this article, we aim to infuse deeper consideration of employer practice and demand-side policy reforms into global policy discussions of the right to work for people with disabilities. We begin by documenting the employment and economic disparities existing for people with disabilities globally, followed by a description of the international, regional, and local regulatory contexts aiming to improve labor market outcomes for people with disabilities. Next, we examine how policies can leverage employer interests to further address inequalities. We discuss employer policies and practices demonstrated in the research to facilitate recruitment, hiring, career development, retention, and meaningful workplace inclusion. The goal of the article is to synthesize existing international literature on employment rights for people with disabilities with the employer perspective.

Malnutrition and disability: unexplored opportunities for collaboration

Science.gov (United States)

Groce, N; Challenger, E; Berman-Bieler, R; Farkas, A; Yilmaz, N; Schultink, W; Clark, D; Kaplan, C; Kerac, M

2014-01-01

There is increasing international interest in the links between malnutrition and disability: both are major global public health problems, both are key human rights concerns, and both are currently prominent within the global health agenda. In this review, interactions between the two fields are explored and it is argued that strengthening links would lead to important mutual benefits and synergies. At numerous points throughout the life-cycle, malnutrition can cause or contribute to an individual’s physical, sensory, intellectual or mental health disability. By working more closely together, these problems can be transformed into opportunities: nutrition services and programmes for children and adults can act as entry points to address and, in some cases, avoid or mitigate disability; disability programmes can improve nutrition for the children and adults they serve. For this to happen, however, political commitment and resources are needed, as are better data. PMID:25309998

THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD AND QATAR'S DOMESTIC LEGISLATION: THE POTENTIAL IMPACT ON THE MAIN LEGAL DOMAINS

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PABLO RODRÍGUEZ DEL POZO

2017-12-01

Full Text Available 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.

International Classification of Functioning, Disability and Health Core Sets for cerebral palsy, autism spectrum disorder, and attention-deficit-hyperactivity disorder.

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Schiariti, Verónica; Mahdi, Soheil; Bölte, Sven

2018-05-30

Capturing functional information is crucial in childhood disability. The International Classification of Functioning, Disability and Health (ICF) Core Sets promote assessments of functional abilities and disabilities in clinical practice regarding circumscribed diagnoses. However, the specificity of ICF Core Sets for childhood-onset disabilities has been doubted. This study aimed to identify content commonalities and differences among the ICF Core Sets for cerebral palsy (CP), and the newly developed Core Sets for autism spectrum disorder (ASD) and attention-deficit-hyperactivity disorder (ADHD). The categories within each Core Set were aggregated at the ICF component and chapter levels. Content comparison was conducted using descriptive analyses. The activities and participation component of the ICF was the most covered across all Core Sets. Main differences included representation of ICF components and coverage of ICF chapters within each component. CP included all ICF components, while ADHD and ASD predominantly focused on activities and participation. Environmental factors were highly represented in the ADHD Core Sets (40.5%) compared to the ASD (28%) and CP (27%) Core Sets. International Classification of Functioning, Disability and Health Core Sets for CP, ASD, and ADHD capture both common but also unique functional information, showing the importance of creating condition-specific, ICF-based tools to build functional profiles of individuals with childhood-onset disabilities. The International Classification of Functioning, Disability and Health (ICF) Core Sets for cerebral palsy (CP), autism spectrum disorder (ASD), and attention-deficit-hyperactivity disorder (ADHD) include unique functional information. The ICF-based tools for CP, ASD, and ADHD differ in terms of representation and coverage of ICF components and ICF chapters. Representation of environmental factors uniquely influences functioning and disability across ICF Core Sets for CP, ASD and ADHD. �

Ensuring the Right to Vote for Persons with Intellectual Disabilities

African Journals Online (AJOL)

Lawrence M. Mute

2009-11-17

Nov 17, 2009 ... be a contributor in the major decision making process in your country ... let as make sure .... mental disorders/disabilities had to take a rationality test at the .... Enfranchising Persons with Disabilities in Kenya: Tripple Messages.

Civic and legal advances in the rights of caregivers for persons with severe mental illness related disability

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Hareesh Angothu

2016-01-01

Full Text Available Caregivers for persons with disabilities are very important in the process of recovery and rehabilitation, irrespective of the cause of disability. Their services are equally important as of the health professionals. Often it is the caregivers who bear the major burden by assisting for daily needs of persons with disabilities apart from providing financial and social supports to their dependant persons with disabilities. In the process of caregiving they may have to forego their opportunities to attend work of their choice, to earn money, to progress in career, to spend satisfactory social life, and even to spend time leisurely. Yet, the informal caregiving process and the caregivers as a service provider, for persons with disabilities, have received less attention from civic societies and various state systems. However, change of paradigm of caregiving process as family responsibility to society′s collective responsibility and a stronger voice of caregiver associations has brought certain recent changes in this field. There are few governments who have recognized the importance of caregivers for their informal services and sacrifices and started providing benefits for them, thus caring for the caregivers. We review and discuss such policies and regulations which protect the rights of caregiver in this article.

Re-conceptualizing the International System: The Need for nsa Inclusion in the International Human Rights Regime

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Andrea BALDA ASPIAZU

2017-08-01

Full Text Available The growing role of nonstate actors in an international system that was created to deal mainly with state and not entities has allowed these actors considerable freedom from the accountability of their actions, especially in the realm of human rights. Both International Relations theory and International Law need to deal in an interdisciplinary manner to close this loophole in order to at least offer an incentive for nonstate actors to avoid further violations of human rights and humanitarian law in the future.

Emerging hemodynamic signatures of the right heart (Third International Right Heart Failure Summit, part 2)

OpenAIRE

Maron, Bradley A.

2014-01-01

Abstract Despite the importance of preserved right ventricular structure and function with respect to outcome across the spectrum of lung, cardiac, and pulmonary vascular diseases, only recently have organized efforts developed to consider the pulmonary vascular–right ventricular apparatus as a specific unit within the larger context of cardiopulmonary pathophysiology. The Third International Right Heart Failure Summit (Boston, MA) was a multidisciplinary event dedicated to promoting a dialog...

The Human Rights Context for Ethical Requirements for Involving People with Intellectual Disability in Medical Research

Science.gov (United States)

Iacono, T.; Carling-Jenkins, R.

2012-01-01

Background: The history of ethical guidelines addresses protection of human rights in the face of violations. Examples of such violations in research involving people with intellectual disabilities (ID) abound. We explore this history in an effort to understand the apparently stringent criteria for the inclusion of people with ID in research, and…

Public and Professional Constructions of Mental Retardation: Glen Ridge and the Missing Narrative of Disability Rights.

Science.gov (United States)

Biklen, Douglas; Schein, Philip Lambert

2001-01-01

This article discusses a court case of an adolescent labeled retarded who was sexually assaulted. It examines implications of being spoken about and of others speaking for the labeled person. It then considers how a disability rights/People First framework could shift public and professional understandings and responses to human abuse. (Contains…

Inclusion of disability within national strategic responses to HIV and AIDS in Eastern and Southern Africa.

Science.gov (United States)

Hanass-Hancock, Jill; Strode, Ann; Grant, Catherine

2011-01-01

National strategic plans (NSPs) provide a framework for a comprehensive response to human immunodeficiency virus (HIV) including strategies such as prevention, treatment, care and support for all affected. Research indicates limited recognition of the interrelationship between disability and HIV in the Eastern and Southern Africa (ESA). This paper analyses the extent to which NSPs in ESA address disability, and identify good practice. Using a tool based on relevant rights in the UN Convention on the Rights of Persons with Disabilities and the UNAIDS International Guidelines on HIV and Human Rights, a review of 18 NSPs in ESA was conducted to determine the extent to which they included disability. Although many NSPs fail to integrate disability issues, there are examples of good practice from which much can be learned, particularly with respect to disability and HIV-prevention efforts. There is limited provision for treatment, care and support for disability in the context of HIV and AIDS. Many NSPs in ESA are due for review, providing ample opportunities for the development of disability-inclusive responses. Future NSPs need to integrate the needs of people with disabilities within structures, programmes and monitoring and evaluation, and make provision for increased rehabilitation needs caused by HIV. A rights-based approach and specific financial allocation of resources are crucial for this process.

Protecting Children Rights under International Criminal Justice

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Erinda Duraj (Male

2015-03-01

Full Text Available Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The participation of children in international criminal justice and other accountability mechanisms is now one of the major issues facing criminal justice today. In this sense, this paper presents a short overview on the issue of children and their participation in international criminal justice. The paper thus focuses on giving a definition of “child/children” according to international norms, which are the key principles of children’s rights, their participation in the criminal justice system, the different international crimes committed by them or against them etc. Also, this paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves (as child soldiers and identifies their criminal responsibility for such acts. Finally, this paper acknowledges the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children.

International obligations through collective rights: Moving from foreign health assistance to global health governance.

Science.gov (United States)

Meier, Benjamin Mason; Fox, Ashley M

2010-06-15

This article analyzes the growing chasm between international power and state responsibility in health rights, proposing an international legal framework for collective rights - rights that can reform international institutions and empower developing states to realize the determinants of health structured by global forces. With longstanding recognition that many developing state governments cannot realize the health of their peoples without international cooperation, scholars have increasingly sought to codify international obligations under the purview of an evolving human right to health, applying this rights-based approach as a foundational framework for reducing global health inequalities through foreign assistance. Yet the inherent limitations of the individual human rights framework stymie the right to health in impacting the global institutions that are most crucial for realizing underlying determinants of health through the strengthening of primary health care systems. Whereas the right to health has been advanced as an individual right to be realized by a state duty-bearer, the authors find that this limited, atomized right has proven insufficient to create accountability for international obligations in global health policy, enabling the deterioration of primary health care systems that lack the ability to address an expanding set of public health claims. For rights scholars to advance disease protection and health promotion through national primary health care systems - creating the international legal obligations necessary to spur development supportive of the public's health - the authors conclude that scholars must look beyond the individual right to health to create collective international legal obligations commensurate with a public health-centered approach to primary health care. Through the development and implementation of these collective health rights, states can address interconnected determinants of health within and across countries

Human Rights and Values Education: Using the International Standards.

Science.gov (United States)

Reardon, Betty A.

1994-01-01

Asserts that, in teaching about human rights, the international standards should be the fundamental core of the content and values to be communicated. Recommends that teachers should use the Universal Declaration of Human Rights as the standard by which the actions of individuals and governments should be compared. (CFR)

Services for people with communication disability in Fiji: barriers and drivers of change.

Science.gov (United States)

Hopf, Suzanne C; McLeod, Sharynne

2015-01-01

-level drivers included Fiji's endorsement of international policy and increased globalisation (eg tourism). Meso-level drivers of change included receipt of foreign aid and support from international non-government organisations, development of disability-inclusive legislation and policy within Fiji, and strengthening of government policies that support disabled people's organisations. Micro-level drivers of change included establishment of disabled people's organisations by consumers, adoption of disability-inclusive policy and procedures by service providers, and changes in the perceptions of disability within the general community. Fijian prevalence data confirms that there is an underserved population of PWCD in need of specialist services. Significant advocacy work in the disability field by Fijian and international disabled people's organisations has led to the Fiji government signing international policy (eg Convention on the Rights of Peoples with Disabilities), inclusion of disability rights in national legislation (eg 2013 Constitution of Fiji Islands) and localised policy and practice documentation (eg inclusive education policy by the Fiji Islands Ministry of Education). Continued service development is required if Fijians with communication disability are to have their needs met. The drivers of change at all levels are positioned well to overcome current barriers to change; however, a coordinated approach including macro-, meso-, and micro-level drivers is required to ensure the future development of adequate services for PWCD in Fiji.

Inclusive Early Childhood Development: Ensuring the Rights and Well-Being of Infants and Toddlers with Disabilities and Their Families

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Wertlieb, Donald

2018-01-01

The science and practice of early childhood development now stands ready to address the needs and ensure the rights of infants and young children with disabilities and their families, among the most underserved and marginalized in all regions of the world. Synergies in global policies such as the "United Nations Convention on the Rights of…

Making reasonable and achievable adjustments: the contributions of learning disability liaison nurses in 'Getting it right' for people with learning disabilities receiving general hospitals care.

Science.gov (United States)

MacArthur, Juliet; Brown, Michael; McKechanie, Andrew; Mack, Siobhan; Hayes, Matthew; Fletcher, Joan

2015-07-01

To examine the role of learning disability liaison nurses in facilitating reasonable and achievable adjustments to support access to general hospital services for people with learning disabilities. Mixed methods study involving four health boards in Scotland with established Learning Disability Liaison Nurses (LDLN) Services. Quantitative data of all liaison nursing referrals over 18 months and qualitative data collected from stakeholders with experience of using the liaison services within the previous 3-6 months. Six liaison nurses collected quantitative data of 323 referrals and activity between September 2008-March 2010. Interviews and focus groups were held with 85 participants included adults with learning disabilities (n = 5), carers (n = 16), primary care (n = 39), general hospital (n = 19) and liaison nurses (n = 6). Facilitating reasonable and achievable adjustments was an important element of the LDLNs' role and focussed on access to information; adjustments to care; appropriate environment of care; ensuring equitable care; identifying patient need; meeting patient needs; and specialist tools/resources. Ensuring that reasonable adjustments are made in the general hospital setting promotes person-centred care and equal health outcomes for people with a learning disability. This view accords with 'Getting it right' charter produced by the UK Charity Mencap which argues that healthcare professionals need support, encouragement and guidance to make reasonable adjustments for this group. LDLNs have an important and increasing role to play in advising on and establishing adjustments that are both reasonable and achievable. © 2015 John Wiley & Sons Ltd.

Human Rights Education and the International Baccalaureate Diploma Programme

Science.gov (United States)

Froman, Nica

2015-01-01

In 2003, the International Baccalaureate Diploma Programme (IBDP)--a program implemented in thousands of schools globally--introduced a human rights course (Makivirta, 2003). This curriculum is the first of its kind to hold potential widespread influence on human rights education in the formal education sector. In this study, I analyze the…

From Legal to Effective Recognition of Equal Dignity as a Right of the Individual with Intellectual and Developmental Disabilities. A Process that Challenges us

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Tatiana URIEN ORTIZ

2017-01-01

Full Text Available This article analyzes the ethical implications of acknowledging disability as a human rights issue. The most common way to understand disability is inspired by a welfarist structure where collective needs trump the wishes of the individual. This new conceptualization, inspired by influential philosophers, such as Dworkin and Margalit, understands dignity as the individual’s right to have their life unfold in an inclusive context that creates self-respect.

Eliminating mental disability as a legal criterion in deprivation of liberty cases: The impact of the Convention on the Rights of Persons With Disabilities on the insanity defense, civil commitment, and competency law.

Science.gov (United States)

Slobogin, Christopher

2015-01-01

A number of laws that are associated with deprivations of liberty, including the insanity defense, civil commitment, guardianship of the person and numerous competency doctrines in the criminal context, require proof of mental disability as a predicate. The Convention on the Rights of Persons With Disabilities commands signatory states to eliminate that predicate. Summarizing principles set out in my book Minding Justice: Laws That Deprive People With Mental Disability of Life and Liberty, I explain how this seemingly radical stance can be implemented. Specifically, this article proposes adoption of an "integrationist defense" in the criminal context, an "undeterrability requirement" when the state seeks preventive detention outside of the criminal process, and a "basic rationality and self-regard test" for incompetency determinations. None of these proposals requires proof of a mental disorder as a predicate condition. Copyright © 2015 Elsevier Ltd. All rights reserved.

A new ball game: the United Nations Convention on the Rights of Persons with Disabilities and assumptions in care for people with dementia.

Science.gov (United States)

Smith, Anita; Sullivan, Danny

2012-09-01

The United Nations Convention on the Rights of Persons with Disabilities is a powerful international instrument which imposes significant responsibilities on signatories. This column discusses changes in the definition of legal capacity which will have significant impacts on decision-making related to people with dementia. Various restrictions and limitations on personal freedoms are discussed in light of the Convention. The main focus is on challenges to existing paradigms of substitute decision-making, which are in wide use through a guardianship model. Under Art 12 of the Convention, moves to supported decision-making will result in significant changes in ensuring the rights of people with dementia. There are challenges ahead in implementing supported decision-making schemes, not only due to tension with existing practices and legislation, but also the difficulty of developing and resourcing workable schemes. This is particularly so with advanced dementia, which is acknowledged as a pressing issue for Australia due to effective health care, an ageing population and changing expectations.

THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A NEW INSTRUMENT TO ADDRESS HUMAN RIGHTS VIOLATIONS

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Christian Courtis

2015-08-01

Full Text Available The article discusses the adoption of the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights as a means to obtain redress for violations against economic, social and cultural rights in the international sphere – including its potential use for the consideration of the violation of extraterritorial obligations. Keywords: Human rights. Social rights. Violations. Optinal protocol.

Community-Level Responses to Disability and Education in Rwanda

Science.gov (United States)

Karangwa, Evariste; Miles, Susie; Lewis, Ingrid

2010-01-01

This article explores the meaning of community and perceptions of disability in Rwanda, as revealed through a community-based ethnographic study. This study took place in Rwanda in an educational policy context driven by international rhetoric about human rights, inclusion and the arguably unachievable Education for All targets. We argue that the…

The protection of the accused in international criminal law according to the Human Rights Law Standard

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Karolina Kremens

2011-12-01

Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

The crisis of international human rights law in the global market economy

NARCIS (Netherlands)

Augenstein, D.H.

2014-01-01

The contribution argues that facticity of the human rights impacts of economic globalisation increasingly undermines the normativity of the state-centred conception of international human rights law. The exposure of the international legal order of states to the operations of global business

Inclusions and Exclusions in Rural Tanzanian Primary Schools: Material Barriers, Teacher Agency and Disability Equality

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Susie Miles

2018-03-01

Full Text Available This article begins with the assumption that the argument for the inclusion of children with disabilities in mainstream schools, championed by Sustainable Development Goal 4 and Article 24 of the UN Convention on the Rights of Persons with Disabilities, has largely been accepted nationally and internationally by policy makers, and is increasingly being accepted by teachers. In interrogating the complex craft of developing inclusive and equal learning environments for children with disabilities, this article draws upon Kershner’s ‘core aspects of teachers’ knowledge and knowing’, and in particular, ‘the school as a site for the development of teaching expertise and the creation of knowledge’. Data is presented from in-depth interviews following videoed lesson observations with experienced teachers in 15 rural, urban and coastal primary schools in four districts in Tanzania. Findings indicate that the teachers’ practice is moving unevenly towards disability equality, and involves processes of inclusions and exclusions. This involves teacher autonomy, agency and reflective practice in the context of material, attitudinal, structural, pedagogic and curricular barriers. The teachers’ expertise has potential to inform national and international policy developments, and so reduce the evident rhetoric-reality gap. In conclusion, it is argued that inclusive education needs to grapple with disability as a social construct, and lessons are drawn for the further fulfilment of the rights of children with disabilities to equal participation in education.

Conservation and human rights: the need for international standards

Energy Technology Data Exchange (ETDEWEB)

Oviedo, Gonzalo [International Union for the Conservation of Nature (International organizations without location); Pabon, Luis [The Nature Conservancy (United States); Painter, Michael; Redford, Kent [The Wildlife Conservation Society (United States); Siegele, Linda [Foundation for International Environmental Law and Development (United Kingdom); Springer, Jenny [WWF-US (United States); Thomas, David [Birdlife International (International organizations without location); Painemilla, Kristen Walker [Conservation International (United States); Roe, Dilys

2010-05-15

Conservation doesn't happen in a vacuum. In recent years, awareness has grown of the relationship of international conservation practice to indigenous peoples and local communities, and especially the links between conservation and human rights. The impacts protected areas can have on rural communities – such as evictions and lost access to natural resources – are now under particular scrutiny. Concern is meanwhile rising over the human rights implications of some climate change mitigation and adaptation measures. But awareness is also growing of the positive contributions of nature conservation to the rights of people to secure their livelihoods, enjoy healthy and productive environments, and live with dignity. International NGOs can play a central role in supporting and promoting conservation actions that respect the rights of indigenous peoples and local communities, and help sustain their livelihoods. Many conservation organisations have long worked towards this. It is vital that they hold to consistent principles and implement measures that ensure their application, so their action on conservation remains accountable, transparent and sustainable.

The WHO atlas on global resources for persons with intellectual disabilities: a right to health perspective El atlas de recursos para las personas con discapacidad intelectual de la OMS: una visión desde el derecho a la salud

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Jocelin Lecomte

2008-01-01

Full Text Available This paper focuses on the links between the WHO atlas on global resources for persons with intellectual disabilities (Atlas-ID project and the right to health in international human rights law. The WHO Atlas-ID project initiated by the Department of Mental Health and Substance Abuse of the WHO was designed to collect, compile and disseminate data on intellectual disabilities services and resources throughout the world. The right to health, as linked to all other human rights, brings a set of globally agreed upon norms and standards, and out of these norms arise governmental obligations. Even in countries which have a relatively high standard of living, persons with intellectual disabilities are very often denied the opportunity to enjoy the full range of economic, social and cultural rights. This paper aims at establishing the WHO Atlas-ID and the international human rights instruments as two parts of a holistic approach in regards to State provided services to persons with intellectual disabilities and their families.Este artículo se centra en la relación entre el proyecto Atlas-DI de la OMS y el derecho a la salud en la normativa internacional de derechos humanos. El proyecto Atlas-DI de la OMS, puesto en marcha por el Departamento de Salud Mental y Abuso de Sustancias de la OMS, se diseñó para recolectar, compilar y divulgar datos sobre servicios y recursos para la discapacidad intelectual alrededor del mundo. El derecho a la salud, en su relación con todos los demás derechos humanos, engloba un conjunto de normas y estándares aprobados internacionalmente, y de éstos emanan obligaciones gubernamentales. Incluso en países con estándares relativamente altos de vida, a las personas con discapacidades intelectuales se les niega frecuentemente la oportunidad de disfrutar el espectro total de derechos económicos, sociales y culturales. El objetivo de este artículo es el de establecer el Atlas-DI de la OMS y los instrumentos

Disability, access to food, and the UN CRPD : Navigating a rights-based equality discourse in the Netherlands

NARCIS (Netherlands)

Waltz, M.M.; Mol, Tanja; Gittins, Elinor

2017-01-01

Aims In 2016, the Netherlands ratified the UN CRPD, becoming one of the last developed nations to sign on. In this presentation, we will explore how equal access to food provides a lens through which barriers to implementing a rights-based approach to disability equality can be examined in countries

The Crisis of International Human Rights Law in the Global Market Economy

NARCIS (Netherlands)

Augenstein, Daniel

2014-01-01

The article argues that the facticity of the human rights impacts of economic globalisation increasingly undermines the normativity of the state-centred conception of international human rights law. The exposure of the international legal order of states to the operations of global business entities

A Persian Alice in Disability Literature Wonderland: Disability Studies in Iran

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Negin H. Goodrich

2014-03-01

Full Text Available Exploring major requisites to establish an Iranian disability studies, the aim of this study is to determine how a local literature of disability can be formed in Iran, as well as how the Iranian and global disability studies might interchange disability knowledge. In an analysis of the responses to a qualitative questionnaire, three themes emerged: rudimentary resources, disability literature, and political prerequisites. Accordingly, human and financial resources, a bank of Farsi and English literature on disability, as well as developing academic relations between Iranian and international disability scholars (as an outcome of improving the Iran-USA political affairs are essential to form a local disability studies in Iran and to engage it in the global discussions of disability studies. Keywords: disability, global disability studies, Iran

The Right to Education in the International Regulations on Protection of Human Rights and its regulation in the National Legal System : Preliminary Analysis from the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights

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Maria Creusa de Araújo Borges

2016-05-01

Full Text Available We examine, in this article, the question of the right to education, from the Univer- sal Declaration of Human Rights (1948 and the International Covenant on Economic, Social and Cultural Rights (1966. In the Brazilian national law, they are analyzed the Federal Constitution of 1988 and the Law of Guidelines and Bases of National Educa- tion, 1996, regarding the regulation of education matter, in coordination with the inter- national instruments in question. It is noteworthy that the regulation of the matter at the national level, is influenced by the recognition of this right in international norms, but advances in the recognition of the right to higher education of marginalized social groups, expanding the mandatory gratuity and beyond elementary school because in the Brazilian case, basic education is compulsory and the principle of free governs the entire education system in official establishments. Set up in this way, the existence of an essential core regarding the right to education, which is fully chargeable.

[Poverty and mental disability in the criminal law: The invisibles].

Science.gov (United States)

Mercurio, Ezequiel N

2016-05-01

In recent decades neuroscience research show the negative consequences of poverty in cognitive development. Environmental factors, such as material deprivation, exposure to stressful situations, violence, nutritional deprivation, environmental toxins may shape the developing brain. The changes of the structure and function of the brain since prenatal stages and their consequences can remain stable throughout the life cycle except early interventions are made. Research investigating have found significant link between child poverty and function and structural brain focusing on prefrontal cortex (i.e., executive functions), hippocampus (learning and memory), amygdala (i.e., fear and emotional processing) and Left Occipitotemporal and Perisylvian Regions (Language and Reading) In recent years, international studies show a growing population with intellectual disabilities in prisons. However, in criminal justice, people with mild intellectual disabilities suffer a normalization process. A lack of access to adequate diagnosis operate as an omission this vulnerable group, as a result the State deprive access to support systems guaranteed in international declarations of Human Rights. Furthermore neglect, discrimination, lack of access to comprehensive health and appropriate social interventions deepen in prison. It is for this reason that from a current human rights perspective a person with disability in jail becomes a doubly vulnerable subject.

Pipelines explosion, violates Humanitarian International Right

International Nuclear Information System (INIS)

Carta Petrolera

1997-01-01

Recently and for first time, an organism of the orbit of the human rights put the finger in the wound of the problem that represents for Colombia the pipelines explosion and the social and environmental impact that those actions in this case the Defense of the People office, the institution that published a document related this denounces, in the one that sustains that the country it cannot continue of back with a serious and evident reality as the related with the explosions of pipelines. We are the only country of the world where happen these facts and enormous losses are not only causing to the Colombian economy, but rather our environmental wealth is affecting, the document, denounced the ignorance of the humanitarian international right on the part of those who apply to that class of attacks

The Impact of Inclusive Education (IE) on the Rights of Children with Intellectual Disabilities (IDs) in Chegutu

Science.gov (United States)

Mapuranga, Barbra; Dumba, Oswald; Musodza, Blessing

2015-01-01

This study investigated the impact of Inclusive Education (IE) on the rights of children with Intellectual Disabilities in schools around Chegutu. The qualitative case study method was used for the research. Questionnaires and interviews were used to collect data from schools around Chegutu. Random sampling was used to choose the sample group from…

Immigrant Rights in Iran and Canada and International Law

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Forouzan Lotfi

2017-09-01

Full Text Available After World War II, migration, particularly in the post-Cold War became a global challenge. Today, there are 191 million migrants around the world that constitutes 3 percent of the world's total population. And it is a fact that has various social, economic, humanitarian, political and especially juridical dimensions and effects at the international level as an international issue. National Immigration Law is a part of the legal system governing the strangers in the host state whose provisions are determined by the domestic legal system of the recent state. Although the standards of international law are intended to govern migration, but in this case, however, the regulation of the source government is ineffective. Unless there are specific treaty arrangements while global recruits in the field of migration are specifically impossible and regional multilateral treaties can only be cited. This article tries to review and analyze the immigrant rights in Iran as a source country and Canada as a host country with their own different rights regarding the immigrants by a descriptive - analytical approach. Because of tangible vacuum in the literature of international law and the need to explore other sources of international law, according to the first paragraph of Article 38 of the Statute of the International Court of Justice, on the one hand and the necessity of this article in Iran as a transit country for migration and particularly to Canada on the other hand, conducting this research is of great importance.

Inclusive Educative Technologies, for people with disabilities

Science.gov (United States)

Echenique, AM; Graffigna, JP; Pérez, E.; López, N.; Piccinini, D.; Fernández, H.; Garcés, A.

2016-04-01

The conventional educational environment imposes barriers to education for people with disabilities, limiting their rights, which is a non-discriminative education. In turn, hampers their access to other rights and creates huge obstacles to realize their potential and participate effectively in their communities. In this sense Assistive Technology provides alternative solutions, in order to compensate for a lost or diminished ability. Thus the necessary assistance is provided to perform tasks, including those related to education, improving the inclusion. In this paper some researches had been made in the Gabinete de TecnologiaMedica, in the Facultad de Ingenieria of the Universidad Nacional de San Juan in order to solve this problem. The researchers are classified by type of disability; sensory (visual and auditory) or motor. They have been designed, developed and experienced through various prototypes that have given satisfactory results. It had been published in national and international congresses of high relevance.

Getting International Labour Rights Right at a Foreign Controlled Company in Malaysia

DEFF Research Database (Denmark)

Wad, Peter

2013-01-01

The article addresses international campaigning for labour rights and global labour networking against illegitimate labour practices of global corporations. Theoretically, the article offers an analytical framework to explain and strategise labour empowerment and disempowerment in Global Production......–Malaysian campaign in support of a worker collective in a Danish controlled joint venture in Malaysia struggling for union recognition and collective bargaining agreement. The article concludes that the GLN approach integrates the achievements of the labour agency literatures by focusing on explaining changes...... in strategic labour power from the dynamic interface of strategic opportunities and labour capacity. Moreover, it is argued that semi-comprehensive international campaigns of labour NGOs may add critical but insufficient support to labour agency in developing countries with highly legalistic and politically...

Aspects of UN Activities on the International Protection of Women's Rights

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Jana Maftei

2015-05-01

Full Text Available Human rights and their protection represent the regulation object of a major part of all the legal rules encompassing the international public law. The Members’ efforts to protect women's rights and to promote gender equality have resulted in the adoption of important documents, fundamental to all mankind. In the light of these international regulations, States have assumed obligations and they have created mechanisms to achieve them. Through the analytical approach we have highlighted the activities of the United Nations and international bodies for protecting women's rights and gender equality in all sectors of public and private life. In preparing this article we used as research methods the analysis of problems generated by the subject in question with reference to the doctrinal views expressed in the Treaties and specialized articles, documentary research, interpretation of legal norms in the field.

Rights and quality of life of individuals with intellectual disability and extensive support needs

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Patricia NAVAS MACHO

2018-04-01

Full Text Available People with intellectual (ID and developmental disabilities who have generalized or extensive support needs constitute a particularly vulnerable group that has traditionally experienced situations of exclusion. Despite this, their situation has not been a priority subject of study nor have there been specific developments in social policy to respond to their needs, which can be translated into an absence of interest in knowing the reality of these group, difficulties to guarantee the fulfillment of their rights, and lack of initiative aimed to achieve their full inclusion in society. Is therefore necessary to undertake different actions, translated into objectives of the present work: to explore and synthesize existing data on this group in our country; to detect their needs and their fulfillment; and to propose evidence-based guidelines to ensure their well-being and rights. For this purpose, the methodology used consisted of: (a a review of the most relevant scientific literature of the last ten years on ID and extensive support needs; and (b the analysis of the results yield by two national surveys carried out in Spain: the Disability, Independence, and Dependency Situations survey, EDAD (INE, 2008, and the System for Autonomy and Care for Dependency, SAAD (IMSERSO, 2016, among others. Considering the disparities observed within this group, urgent lines of action are highlighted, which are aimed to improve the knowledge about the living conditions of people with more significant ID and drive better practices in the provision of supports to this group.

The Social Studies Should Include More Discussion of International Human Rights.

Science.gov (United States)

Torney, Judith V.

1980-01-01

Students need more exposure to the concept of human rights. They need to know The Universal Declaration of Human Rights and the subsequent covenants. Also, they need to know that substantial agreement exists in the international community about what constitutes human rights. (Author/KC)

Human Rights and Social Justice: the Convention on the Rights of Persons with Disabilities and the quiet revolution in international law

OpenAIRE

Weller, Penny

2009-01-01

On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and p...

Perceived functioning and disability in adults with myotonic dystrophy type 1: a survey according to the International Classification Of Functioning, Disability and Health.

Science.gov (United States)

Kierkegaard, Marie; Harms-Ringdahl, Karin; Widén Holmqvist, Lotta; Tollbäck, Anna

2009-06-01

The purpose of this study was to describe and analyse self-rated perceived functioning, disability and environmental facilitators/barriers with regard to disease severity, using the International Classification of Functioning, Disability and Health (ICF) checklist, in adults with myotonic dystrophy type 1. Cross-sectional design. Forty-one women and 29 men with myotonic dystrophy type 1. A modified ICF checklist was used for self-rating of perceived problems in 29 body-function categories, difficulties in 52 activity and participation categories, and facilitators/barriers in 23 environmental-factor categories according to the verbal anchors of the ICF qualifiers. Disease severity classification was based on the muscular impairment rating scale. Of the persons with myotonic dystrophy type 1, 80% perceived problems of excessive daytime sleepiness, 76% of muscle power, and 66% of energy and drive functions, while over 59% perceived difficulties in physically demanding mobility activities. Disabilities in mobility, self-care and domestic life were more frequently reported by persons with severe disease. Support from the immediate family, medicines and social security services were perceived as facilitators for 50-60% of the participants. Disabilities and important environmental facilitators in adults with myotonic dystrophy type 1 were identified, and this clinically-relevant information can be used for developing health services for people with this condition.

Facing up to disability

OpenAIRE

Tom Shakespeare

2013-01-01

Ways of thinking about and responding to disability have radically changed in recent decades. Traditionally, disability was regarded in terms of sin, karma, or divine punishment. More recently, disability was made a medical issue and defined in terms of shortcomings of body or mind, which had to be prevented or cured at all costs. In the late 20th century, people with disabilities worldwide became more organised and created national and international disabled people’s organisations. They succ...

The Neoliberal Circulation of Affects: Happiness, accessibility and the capacitation of disability as wheelchair

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K. Fritsch

2013-11-01

Full Text Available The International Symbol of Access (ISA produces, capacitates, and debilitates disability in particular ways and is grounded by a happy affective economy that is embedded within neoliberal capitalism. This production of disability runs counter to the dismantling of ableism and compulsory able-bodiedness. In charting the development of the modern wheelchair, the rise of disability rights in North America, and the emergence of the ISA as a universally acceptable representation of access for disabled people, I argue that this production of disability serves a capacitating function for particular forms of impairment. These capacitated forms are celebrated through a neoliberal economy of inclusion. I conclude by critically approaching the happy affects of the ISA, including the way in which the symbol creates a sense of cruel optimism for disabled people.

Associations of Lifestyle, Medication, and Socio-Demographic Factors with Disability in People with Multiple Sclerosis: An International Cross-Sectional Study.

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George A Jelinek

Full Text Available Emerging evidence links modifiable lifestyle risk factors to disease progression in multiple sclerosis (MS. We sought further evidence around this hypothesis through detailed analysis of the association with disability of lifestyle behaviours of a large international sample of people with MS.A total of 2469 people with MS from 57 countries provided self-reported data via cross-sectional online survey on lifestyle (mostly with validated tools and the primary outcome measure, disability (Patient Determined Disease Steps, categorised from 8 steps into 3 categories, mild, moderate and major disability. Multinomial logistic regression modelling derived relative risk ratios (RRRs for disability categories.RRRs of having moderate vs mild disability were: diet (per 30 points on 100 point scale 0.72 (95%CI 0.52-0.98, ever smoking 1.32 (1.06-1.65, exercise (moderate/high vs low 0.35 (0.28-0.44, latitude (per degree from the equator 1.02 (1.01-1.04, and number of comorbidities (2 vs none 1.43 (1.04-1.95, (3 vs none 1.56 (1.13-2.16. RRRs of having major vs mild disability were: exercise (moderate/high vs low 0.07 (0.04-0.11, alcohol consumption (moderate vs low 0.45 (0.30-0.68, plant-based omega 3 supplementation 0.39 (0.18-0.86, and disease-modifying medication use 0.45 (0.29-0.70.Healthier lifestyle has strong associations with disability in our large international sample of people with MS, supporting further investigation into the role of lifestyle risk factors in MS disease progression.

The Netherlands and the Development of International Human Rights Instruments

NARCIS (Netherlands)

Reiding, H.

2007-01-01

When discussing the Netherlands' international human rights policies, the first aspects to come to mind are usually those related to how it addresses and reacts to concrete human rights violations by other countries. In fact, there sometimes appears to be a tendency for public opinion to identify a

Medication and Supplement Use in Disability Football World Championships.

Science.gov (United States)

Broman, Daniel; Ahmed, Osman Hassan; Tscholl, Philippe M; Weiler, Richard

2017-10-01

Individuals with an impairment comprise more than 15% of the world's population, many of whom can benefit greatly from participation in sport. The provision of medical services in disability sport is a challenging area with a lack of scientific evidence. Given the positive impact that sport can have on the people with an impairment, it is vital that measures are taken to better understand the medical issues posed by disability sport. It is well established that medications and supplements are overused in sport, particularly within professional football, but there is no current evidence on medication or supplement use in elite disability football. To examine and describe the use of medication and supplements in disability football, before and during international tournaments, and to identify the profile of substances used by category. Prospective, descriptive, cohort study. International Blind Sport Association Football World Cup 2015 and the International Federation of Cerebral Palsy Football World Cup 2015. Two hundred forty-two elite-level disability footballers, classified with B1 visual impairment or cerebral palsy. Team clinicians were asked to document all medication and supplements taken in the 48 hours before each match. This study recorded the use of 1648 substances in 242 players, with more than one half (53.1%) classified as supplements. There was an overall rate of 1.26 substances used per player per match and a medication use rate of 0.59 medications per player per match. Seventy percent (170/242) of players reported using at least one substance per tournament, with 57.9% (140/242) using at least one prescribed medication (63.6% of players at International Blind Sports Association World Games and 57.7% of players at International Federation of Cerebral Palsy World Cup). The most commonly prescribed category of medications was nonsteroidal anti-inflammatory drugs, representing 39.3% of all reported medications. This study highlights the potential

International Classification of Functioning, Disability and Health categories explored for self-rated participation in Swedish adolescents and adults with a mild intellectual disability.

Science.gov (United States)

Arvidsson, Patrik; Granlund, Mats; Thyberg, Ingrid; Thyberg, Mikael

2012-06-01

To explore internal consistency and correlations between perceived ability, performance and perceived importance in a preliminary selection of self-reported items representing the activity/participation component of the International Classification of Functioning, Disability and Health (ICF). Structured interview study. Fifty-five Swedish adolescents and adults with a mild intellectual disability. Questions about perceived ability, performance and perceived importance were asked on the basis of a 3-grade Likert-scale regarding each of 68 items representing the 9 ICF domains of activity/participation. Internal consistency for perceived ability (Cronbach's alpha for all 68 items): 0.95 (values for each domain varied between 0.57 and 0.85), for performance: 0.86 (between 0.27 and 0.66), for perceived importance: 0.84 (between 0.27 and 0.68). Seventy-two percent of the items showed correlations >0.5 (mean=0.59) for performance vs perceived importance, 41% >0.5 (mean=0.47) for perceived ability vs performance and 12% >0.5 (mean=0.28) for perceived ability vs perceived importance. Measures of performance and perceived importance may have to be based primarily on their estimated clinical relevance for describing aspects of the ICF participation concept. With a clinimetric approach, parts of the studied items and domains may be used to investigate factors related to different patterns and levels of participation, and outcomes of rehabilitation.

Reporting about disability evaluation in European countries.

Science.gov (United States)

Anner, Jessica; Kunz, Regina; Boer, Wout de

2014-01-01

To compare the official requirements of the content of disability evaluation for social insurance across Europe and to explore how the International Classification of Functioning, Disability and Health is currently applied, using the rights and obligations of people with disabilities towards society as frame of reference. Survey. We used a semi-structured questionnaire to interview members of the European Union of Medicine in Assurance and Social Security (EUMASS), who are central medical advisors in social insurance systems in their country. We performed two email follow-up rounds to complete and verify responses. Fifteen respondents from 15 countries participated. In all countries, medical examiners are required to report about a claimant's working capacity and prognosis. In 14 countries, medical reports ought to contain information about socio-medical history and feasible interventions to improve the claimant's health status. The format of medical reporting on working capacity varies widely (free text, semi- and fully structured reports). One country makes a reference to the ICF in their reports on working capacity, others consider doing so. Official requirements on medical reporting about disability in social insurance across Europe follow the frame of four features: work capacity, socio-medical history, feasibility of intervention and prognosis of disability. There is an increasing trend to make formal or informal reference to the ICF in the reports about working capacity. The four features and the ICF may provide common references across countries to describe disability evaluation, facilitating national and international research. Implications for Rehabilitation Reporting about disability in social insurance in different countries is about work capacity, social medical history, feasibility of intervention and prognosis of disability. Formats of reporting on work capacity vary among countries, from free text to semi-structured report forms to fully structured

IPPF Charter on Sexual and Reproductive Rights. International Planned Parenthood Federation.

Science.gov (United States)

Newman, K; Helzner, J F

1999-05-01

For most of human existence and in most societies, women have been considered to be property and subject to men. Throughout history, with such notable exceptions as Queen Boadicea, Eleanor of Aquitaine, Elizabeth I of England, and Catherine the Great of Russia, women had little or no power until early in the 20th century when the women's suffrage movement was successful in the United States and in some European countries. As women have gained political rights, groups of women have sought sexual and reproductive rights, as exemplified by the feminist movement of the past few decades in the United States. Although marked strides toward achievement of reproductive choice have been taken in high-income countries, there remain major strictures to reproductive freedom for women in low-income countries. This area, which is replete with ethical and moral issues, has been addressed by the International Planned Parenthood Foundation (IPPF), which has worked to improve the sexual and reproductive health of women throughout the world. The IPPF Charter on Sexual and Reproductive Rights is a paradigm for both women's rights and human rights. Karen Newman is policy adviser with the IPPF and has codrafted the IPPF Charter on Sexual and Reproductive Rights together with two lawyers. She has held several positions within the IPPF, including medical researcher, press officer, and programme adviser in Europe, where she had responsibility for working with new family planning associations (FPAs) in the Czech Republic and Slovakia. At present, she is working to increase the capacity of IPPF member FPAs to undertake human rights-based advocacy for sexual and reproductive health and rights. Judith F. Helzner is director of Sexual and Reproductive Health at International Planned Parenthood Federation/Western Hemisphere Region, Inc., where she has worked since 1987. She holds M.A. degrees from the University of Pennsylvania in International Relations and Demography. Her previous employment

[The social model of disability in Argentina: Paradigm of decision-making support and safeguards in the new Argentine Civil Code].

Science.gov (United States)

Toro-Martínez, Esteban

2015-01-01

There has been a new framework with new laws and a new Code in Argentina in recent years in order to put its legal system in congruence with International Convenants on Human Rights and in particular with the Convention on the Rights of Persons with Disabilities. Through this new laws Argentina legal system recognize that persons with disabilities enjoy capacity on an equal basis with others in all aspects of life and the State shall take appropiate measures to provide access by persons with disabilities to the support they may require in excercising their legal capacity with safeguards.

Barriers to the Implementation of the Health and Rehabilitation Articles of the United Nations Convention on the Rights of Persons with Disabilities in South Africa

Directory of Open Access Journals (Sweden)

Meghan Hussey

2017-04-01

Full Text Available Background The United Nations (UN Convention on the Rights of Persons with Disabilities (CRPD is a milestone in the recognition of the human rights of persons with disabilities, including the right to health and rehabilitation. South Africa has signed and ratified the CRPD but still has a long way to go in reforming policies and systems in order to be in compliance with the convention. This paper seeks to fill a gap in the literature by exploring what the barriers to the implementation of the health and rehabilitation articles of the CRPD are, as identified by representatives of the disability community. Methods This investigation used a qualitative, exploratory methodology. 10 semi-structured interviews of a purposive sample of representatives of disabled persons organizations (DPOs, non-governmental organizations (NGOs, and service providers in South Africa were conducted. Participants were drawn from urban, peri-urban, and rural settings in order to reflect diverse perspectives within South Africa. Data was analysed using a multi-stage coding process to establish the main categories and relationships between them. Results Six main categories of barriers to the implementation of the health and rehabilitation articles of the CRPD were identified. Attitude barriers including stigma and negative assumptions about persons with disabilities were seen as an underlying cause and influence on all of the other categories; which included political, financial, health systems, physical, and communication barriers. Conclusion The findings of this study have important implications for strategies and actions to implement the CRPD. Given the centrality of attitudinal barriers, greater sensitization around the area of disability is needed. Furthermore, disability should be better integrated and mainstreamed into more general initiatives to develop the health system and improve the lives of persons living in poverty in South Africa.

Migrant Rights in Fujian Province (China) | IDRC - International ...

International Development Research Centre (IDRC) Digital Library (Canada)

Migrant Rights in Fujian Province (China). China has the largest internal migrant population in the world, and women account for nearly half of it. Fujian province has been a traditional source of large numbers of Chinese migrants to Southeast Asia and the United States. Now, with the burgeoning economies of southeast ...

The immunity of states and their officials in international criminal law and international human rights law

NARCIS (Netherlands)

van Alebeek, R.

2008-01-01

* Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

Reconciling international human rights and cultural relativism: the case of female circumcision.

Science.gov (United States)

James, Stephen A

1994-01-01

How can we reconcile, in a non-ethnocentric fashion, the enforcement of international, universal human rights standards with the protection of cultural diversity? Examining this question, taking the controversy over female circumcision as a case study, this article will try to bridge the gap between the traditional anthropological view that human rights are non-existent -- or completely relativised to particular cultures -- and the view of Western naturalistic philosophers (including Lockeian philosophers in the natural rights tradition, and Aquinas and neo-Thomists in the natural law tradition) that they are universal -- simply derived from a basic human nature we all share. After briefly defending a universalist conception of human rights, the article will provide a critique of female circumcision as a human rights violation by three principal means: by an internal critique of the practice using the condoning cultures' own functionalist criteria; by identifying supra-national norms the cultures subscribe to which conflict with the practice; and by the identification of traditional and novel values in the cultures, conducive to those norms. Through this analysis, it will be seen that cultural survival, diversity and flourishing need not be incompatible with upholding international, universal human rights standards.

Sustainable access to safe drinking water: fundamental human right in the international and national scene

Directory of Open Access Journals (Sweden)

Celso Maran de Oliveira

2017-12-01

Full Text Available Access to potable water is absolutely essential to the maintenance of life, as well as to provide regular exercise of other human rights. The lack of access to water in sufficient quantity or access to non-potable water may cause serious and irreparable damage to people. This paper investigates the evolution of international and national recognition of this fundamental human right, whether implicit or explicit. This was accomplished by the study of international human rights treaties, bibliographic information on water resources and their corresponding legal systems, national and international. The results suggest that sustainable access to drinking water is a fundamental human right in the context of international relations and the State. Further, even without explicitly stating this right in the Constitution of 1988, Brazil has incorporated the main international provisions on the subject, but this right must be acknowledged according to the principles of non-typical fundamental rights and the dignity of the human person. This right should be universally guaranteed by the Government in sufficient quantity and quality, regardless of the economic resources of individuals.

Right Site, Wrong Route - Cannulating the Left Internal Jugular Vein.

Science.gov (United States)

Paik, Peter; Arukala, Sanjay K; Sule, Anupam A

2018-01-09

Central venous catheters are placed in approximately five million patients annually in the US. The preferred site of insertion is one with fewer risks and easier access. Although the right internal jugular vein is preferred, on occasion, the left internal jugular may have to be accessed. A patient was admitted for septic shock, cerebrovascular accident, and non-ST-segment elevation myocardial infarction. A central venous line was needed for antibiotic and vasopressor administration. Due to trauma from a fall to the right side and previously failed catheterization attempts at the left subclavian and femoral veins, the left internal jugular vein was accessed. On chest radiography for confirmation, the left internal jugular central venous catheter was seen projecting down the left paraspinal region. It did not take the expected course across the midline toward the right and into the superior vena cava (SVC). A review of a computed tomography (CT) scan of the chest with contrast done on a prior admission revealed a duplicated SVC on the left side that had not been reported in the original CT scan interpretation. A left-sided SVC is present in approximately 0.3% to 0.5% of the population, with 90% of these draining into the coronary sinus. During placements of central venous lines and pacemakers, irritation of the coronary sinus may result in hypotension, arrhythmia, myocardial ischemia, or cardiac arrest. A widened mediastinum can be an indication of a duplicated SVC. When attempting a left internal jugular vein central venous catheter placement, it is important to be aware of venous anomalies in order to prevent complications.

Endovascular Treatment of an Iatrogenic Right Internal Jugular Vein- Right Subclavian Artery Fistula and Pseudoaneurysm During the Attempt of a Hemodialysis Catheter Insertion: A Case Report

International Nuclear Information System (INIS)

Cho, Eui Min; Kim, Hyun Lee; Kim, Dong Hyun

2009-01-01

Complications during the placement of a central venous catheter, via the right internal jugular vein puncture include local hematoma, hemothorax, pneumothorax, central vein thrombosis, and hemopericardium. Iatrogenic right internal jugular vein-right subclavian artery fistula with the formation of right subclavian artery pseudoaneurysms is an extremely rare complication in patients undergoing a central vein puncture. We report the case of a patient who developed a local hematoma at the vein puncture site and dyspnea due to a right internal jugular vein-subclavian artery fistula and a right subclavian artery pseudoaneurysm at the mediastinum after puncture of right internal jugular vein. The patient was successfully treated by embolization using microcoils

Just What Is the Disability Perspective on Disability?

Science.gov (United States)

Shakespeare, Tom

2016-05-01

In the helpful article "Why Bioethics Needs a Disability Moral Psychology," Joseph Stramondo adds to the critique of actually existing bioethics and explains why disability activists and scholars so often find fault with the arguments of bioethicists. He is careful not to stereotype either community-rightly, given that bioethicists endorse positions as disparate as utilitarianism, deontology, virtue ethics, and feminist ethics, among others. Although Stramondo never explicitly mentions utilitarians or liberals, it seems probable that these are the main targets of his discontent. The disability community, as he concedes, is also a broad church. Yet for this reason, I do not believe that you can read off positions on bioethics questions from either disability embodiment or disability organization affiliation. © 2016 The Hastings Center.

Conscientious objection to military service in international human rights instruments

OpenAIRE

Kavaliauskaitė, Ernesta

2010-01-01

Current debates on conscientious objection to military service reveal a conflict between conscription and individual freedom of conscience; they question the scope of human rights and liberties as well as raise an issue of their extension. The majority of member states of UN and CoE officially recognize a right to conscientious objection. However, the flow of complaints to international human rights monitoring bodies demonstrates absence of a general consensus on the concept, origin and legal...

Human Rights and Vulnerability. Examples of Sexism and Ageism

Directory of Open Access Journals (Sweden)

Mª DEL CARMEN BARRANCO AVILÉS

2015-12-01

Full Text Available A human rights based approach applied to the idea of ‘vulnerable group’ connects vulnerability and structural discrimination. The Convention on the Rights of Persons with Disability provides some elements that allow to state that we are facing a new paradigm in the International Human Rights Law. One of the keys for the understanding of this new framework is the assumption of the disadvantage related to vulnerability as, at least in a part, socially built and ideologically justified. Sexism and ageism are examples of how ideologies reinforce vulnerability of women, children and aged persons transforming them in groups which members are in risk of discrimination.

International Summit Consensus Statement: Intellectual Disability Inclusion in National Dementia Plans.

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Watchman, Karen; Janicki, Matthew P; Splaine, Michael; Larsen, Frode K; Gomiero, Tiziano; Lucchino, Ronald

2017-06-01

The World Health Organization (WHO) has called for the development and adoption of national plans or strategies to guide public policy and set goals for services, supports, and research related to dementia. It called for distinct populations to be included within national plans, including adults with intellectual disability (ID). Inclusion of this group is important as having Down's syndrome is a significant risk factor for early-onset dementia. Adults with other ID may have specific needs for dementia-related care that, if unmet, can lead to diminished quality of old age. An International Summit on Intellectual Disability and Dementia, held in Scotland, reviewed the inclusion of ID in national plans and recommended that inclusion goes beyond just description and relevance of ID. Reviews of national plans and reports on dementia show minimal consideration of ID and the challenges that carers face. The Summit recommended that persons with ID, as well as family carers, should be included in consultation processes, and greater advocacy is required from national organizations on behalf of families, with need for an infrastructure in health and social care that supports quality care for dementia.

Child Labor in India, Philipine, Iran and the International Human Rights Discourse

OpenAIRE

Seyed Ali Ehsankhah

2016-01-01

This article addresses the connections between poverty, illiteracy and child labor through the lens of international human rights discourse, particularly assessing the debate between the developed countries and The lesser developed countries (LDCs) over incorporating a ‘social clause’ articulating waged worker rights into international trade agreements. Poverty, often viewed simply as lack of income, is now being approached through the broader perspective of lack of opportunities, albeit u...

Emerging hemodynamic signatures of the right heart (Third International Right Heart Failure Summit, part 2).

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Maron, Bradley A

2014-12-01

Despite the importance of preserved right ventricular structure and function with respect to outcome across the spectrum of lung, cardiac, and pulmonary vascular diseases, only recently have organized efforts developed to consider the pulmonary vascular-right ventricular apparatus as a specific unit within the larger context of cardiopulmonary pathophysiology. The Third International Right Heart Failure Summit (Boston, MA) was a multidisciplinary event dedicated to promoting a dialogue about the scientific and clinical basis of right heart disease. The current review provides a synopsis of key discussions presented during the section of the summit titled "Emerging Hemodynamic Signatures of the Right Heart." Specifically, topics emphasized in this element of the symposium included (1) the effects of pulmonary vascular dysfunction at rest or provoked by exercise on the right ventricular pressure-volume relationship, (2) the role of pressure-volume loop analysis as a method to characterize right ventricular inefficiency and predict right heart failure, and (3) the importance of a systems biology approach to identifying novel factors that contribute to pathophenotypes associated with pulmonary arterial hypertension and/or right ventricular dysfunction. Collectively, these concepts frame a forward-thinking paradigm shift in the approach to right heart disease by emphasizing factors that regulate the transition from adaptive to maladaptive right ventricular-pulmonary vascular (patho)physiology.

Rocking the Cradle: Ensuring the Rights of Parents with Disabilities and Their Children

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National Council on Disability, 2012

2012-01-01

Despite a dark history marked by the eugenics movement, increasing numbers of people with disabilities are choosing to become parents. Recent research reveals that more than 4 million parents--6 percent of American mothers and fathers--are disabled. This number will unquestionably increase as more people with disabilities exercise a broader range…

Participation and Service Access Rights for People with Intellectual Disability: A Role for Law?

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Carney, Terry

2013-01-01

Background: Supported decision-making and personal budgets for services are the new paradigms. Method: Supported decision-making proposals from the Australian State of Victoria are analysed against international trends to determine the viability of laws reflecting new international norms of the United Nations Convention on the Rights of Persons…

Distortions and Dichotomies in Inclusive Education for Children with Disabilities in Cambodia in the Context of Globalisation and International Development

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Kalyanpur, Maya

2014-01-01

This paper explores the consequences of transferring technical information on disability and inclusive education from the North to the South within the context of international development. Based on data from the author's experiences as a US-trained Indian international consultant in Cambodia, it analyses how problems with translation and…

Nudge, nudge, wink, wink: love, sex and gay men with intellectual disabilities - a helping hand or a human right?

Science.gov (United States)

Abbott, D

2013-11-01

How do human rights help us with the experiences of people with intellectual disabilities (ID) who face discrimination and barriers in their sexual lives? Men with ID who are gay face a whole range of rights violations when it comes to exercising their sexual identity. How can such a seemingly marginalised group draw on rights based claims for better and equal treatment? This paper explores how the power of men's own stories may usefully challenge prevailing social norms and in turn strengthen human rights claims in this area. It also reflects on the challenges posed to such an agenda by current economic difficulties and changes in the organisation of adult social care in the UK. The paper draws on empirical research with gay men with ID completed in the UK in 2005 and briefly revisits some key messages from the data. It also considers the wider literature on the power and possibilities of human rights, 'intimate stories' and translating human rights into everyday change. Gay men with ID tell powerful stories of love, longing and exclusion. Such stories have the capacity to transform wider social attitudes and in turn strengthen the rights claims of this marginalised groups. There are question marks about the possibility of such change in a time of austerity and the broader move in the UK's welfare state from the collective to the individual consumer of services. However, the telling of men's 'intimate stories' creates an almost unassailable challenge to current discriminatory practices and norms. © 2012 The Author. Journal of Intellectual Disability Research © 2012 John Wiley & Sons Ltd, MENCAP & IASSID.

The preventive approach: OPCAT and the prevention of violence and abuse of persons with mental disabilities by monitoring places of detention.

Science.gov (United States)

Sveaass, Nora; Madrigal-Borloz, Victor

Adopted in December 2002, the United Nations Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment establishes a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. The article explores how this collaboration between national and international bodies, with independent mandates to carry out such unannounced visits, represents an important effort in the process of protecting persons with mental disabilities who are detained and who are particularly exposed to exploitation and other forms of serious human rights violations, contrary to Article 16 of the Convention on the Rights of Persons with Disabilities. Copyright © 2017 Elsevier Ltd. All rights reserved.

Application of the International Classification of Functioning, Disability and Health system to symptoms of the Duchenne and Becker muscular dystrophies.

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Conway, Kristin M; Ciafaloni, Emma; Matthews, Dennis; Westfield, Chris; James, Kathy; Paramsothy, Pangaja; Romitti, Paul A

2018-07-01

Duchenne and Becker muscular dystrophies, collectively referred to as dystrophinopathies, are X-linked recessive diseases that affect dystrophin production resulting in compromised muscle function across multiple systems. The International Classification of Functioning, Disability and Health provides a systematic classification scheme from which body functions affected by a dystrophinopathy can be identified and used to examine functional health. The infrastructure of the Muscular Dystrophy Surveillance, Tracking, and Research Network was used to identify commonly affected body functions and link selected functions to clinical surveillance data collected through medical record abstraction. Seventy-one (24 second-, 41 third- and 7 fourth-level) body function categories were selected via clinician review and consensus. Of these, 15 of 24 retained second-level categories were linked to data elements from the Muscular Dystrophy Surveillance, Tracking, and Research Network surveillance database. Our findings support continued development of a core set of body functions from the International Classification of Functioning, Disability and Health system that are representative of disease progression in dystrophinopathies and the incorporation of these functions in standardized evaluations of functional health and implementation of individualized rehabilitation care plans. Implications for Rehabilitation Duchenne and Becker muscular dystrophies, collectively referred to as dystrophinopathies, are X-linked recessive disorders that affect the production of dystrophin resulting in compromised muscle function across multiple systems. The severity and progressive nature of dystrophinopathies can have considerable impact on a patient's participation in activities across multiple life domains. Our findings support continued development of an International Classification of Functioning, Disability and Health core set for childhood-onset dystrophinopathies. A standardized

Use of International Classification of Functioning, Disability and Health (ICF) to describe patient-reported disability in multiple sclerosis and identification of relevant environmental factors.

Science.gov (United States)

Khan, Fary; Pallant, Julie F

2007-01-01

To use the International Classification of Functioning, Disability and Health (ICF) to describe patient-reported disability in multiple sclerosis and identify relevant environmental factors. Cross-sectional survey of 101 participants in the community. Their multiple sclerosis-related problems were linked with ICF categories (second level) using a checklist, consensus between health professionals and the "linking rules". The impact of multiple sclerosis on health areas corresponding to 48 ICF categories was also assessed. A total of 170 ICF categories were identified (mean age 49 years, 72 were female). Average number of problems reported was 18. The categories include 48 (42%) for body function, 16 (34%) body structure, 68 (58%) activities and participation and 38 (51%) for environmental factors. Extreme impact in health areas corresponding to ICF categories for activities and participation were reported for mobility, work, everyday home activities, community and social activities. While those for the environmental factors (barriers) included products for mobility, attitudes of extended family, restriction accessing social security and health resources. This study is a first step in the use of the ICF in persons with multiple sclerosis and towards development of the ICF Core set for multiple sclerosis from a broader international perspective.

Barriers to the Implementation of the Health and Rehabilitation Articles of the United Nations Convention on the Rights of Persons with Disabilities in South Africa.

Science.gov (United States)

Hussey, Meghan; MacLachlan, Malcolm; Mji, Gubela

2016-08-28

The United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) is a milestone in the recognition of the human rights of persons with disabilities, including the right to health and rehabilitation. South Africa has signed and ratified the CRPD but still has a long way to go in reforming policies and systems in order to be in compliance with the convention. This paper seeks to fill a gap in the literature by exploring what the barriers to the implementation of the health and rehabilitation articles of the CRPD are, as identified by representatives of the disability community. This investigation used a qualitative, exploratory methodology. 10 semi-structured interviews of a purposive sample of representatives of disabled persons organizations (DPOs), non-governmental organizations (NGOs), and service providers in South Africa were conducted. Participants were drawn from urban, peri-urban, and rural settings in order to reflect diverse perspectives within South Africa. Data was analysed using a multi-stage coding process to establish the main categories and relationships between them. Six main categories of barriers to the implementation of the health and rehabilitation articles of the CRPD were identified. Attitude barriers including stigma and negative assumptions about persons with disabilities were seen as an underlying cause and influence on all of the other categories; which included political, financial, health systems, physical, and communication barriers. The findings of this study have important implications for strategies and actions to implement the CRPD. Given the centrality of attitudinal barriers, greater sensitization around the area of disability is needed. Furthermore, disability should be better integrated and mainstreamed into more general initiatives to develop the health system and improve the lives of persons living in poverty in South Africa. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is

Promoting the Recognition and Protection of the Rights of All Migrants Using a Soft-Law International Migrants Bill of Rights

Directory of Open Access Journals (Sweden)

Ian M. Kysel

2016-06-01

Full Text Available The rights and movement of people crossing international borders remain inadequately governed and incompletely protected by a fragmented patchwork of institutions and norms. In recent years, debates regarding migration law and practice globally have been focused on subcategories of migrants, such as refugees, or on particular migration contexts, such as migration as a result of crisis or climate change. In response, a transnational initiative housed at the Georgetown University Law Center has drafted a soft-law bill of rights — the International Migrants Bill of Rights (IMBR — that seeks to elaborate the law protecting all migrants, regardless of the cause of their movement across an international border. The bill draws its content from human rights, refugee, and labor law, among other areas, and is drafted to be a comprehensive and declarative tool that articulates a core set of rights to protect migrants and to apply in the migration context.This article articulates how such a tool could be used to promote the recognition and protection of the rights of all migrants, in law and in practice. It argues that a soft-law bill of rights could be leveraged to fill significant gaps and promote an improved normative and institutional infrastructure that better protects all migrants worldwide. Section I provides a brief overview of the gap that a soft-law bill of rights can address. Section II provides a brief overview of the history and content of the bill of rights and IMBR Initiative. Section III describes, specifically, how making use of a soft-law bill of rights stands to improve the recognition and protection of fundamental rights that protect all migrants — and how soft law can help fill specific protection gaps.

Consensus statement of the international summit on intellectual disability and Dementia related to post-diagnostic support.

Science.gov (United States)

Dodd, Karen; Watchman, Karen; Janicki, Matthew P; Coppus, Antonia; Gaertner, Claudia; Fortea, Juan; Santos, Flavia H; Keller, Seth M; Strydom, Andre

2017-09-07

Post diagnostic support (PDS) has varied definitions within mainstream dementia services and different health and social care organizations, encompassing a range of supports that are offered to adults once diagnosed with dementia until death. An international summit on intellectual disability and dementia held in Glasgow, Scotland in 2016 identified how PDS applies to adults with an intellectual disability and dementia. The Summit proposed a model that encompassed seven focal areas: post-diagnostic counseling; psychological and medical surveillance; periodic reviews and adjustments to the dementia care plan; early identification of behaviour and psychological symptoms; reviews of care practices and supports for advanced dementia and end of life; supports to carers/ support staff; and evaluation of quality of life. It also explored current practices in providing PDS in intellectual disability services. The Summit concluded that although there is limited research evidence for pharmacological or non-pharmacological interventions for people with intellectual disability and dementia, viable resources and guidelines describe practical approaches drawn from clinical practice. Post diagnostic support is essential, and the model components in place for the general population, and proposed here for use within the intellectual disability field, need to be individualized and adapted to the person's needs as dementia progresses. Recommendations for future research include examining the prevalence and nature of behavioral and psychological symptoms (BPSD) in adults with an intellectual disability who develop dementia, the effectiveness of different non-pharmacological interventions, the interaction between pharmacological and non-pharmacological interventions, and the utility of different models of support.

Intimacy, intercourse and adjustments: Experiences of sexual life of a group of people with physical disabilities in South Africa.

Science.gov (United States)

Hunt, Xanthe; Braathen, Stine Hellum; Swartz, Leslie; Carew, Mark Thomas; Rohleder, Poul

2018-02-01

There is a growing recognition of the sexual and reproductive rights of people with disabilities, and since the World Health Organisation's World Report on Disability, increased international attention has been given to these issues. Past research, however, suggests that this group encounter barriers to sexual and reproductive rights, which are both physical and attitudinal. Against this backdrop, this article employs a sequential mixed qualitative methodology to explore the practical and subjective experiences of 13 people with physical disabilities in South Africa, with regard to their sexual lives and experiences of sexuality. These experiences were marked by concerns about their 'fitness' as sexual beings and indicated that social forces were key in shaping their expectations for their own sexual life.

Perspectives on family caregiving of people aging with intellectual disability affected by dementia: Commentary from the International Summit on Intellectual Disability and Dementia.

Science.gov (United States)

Jokinen, Nancy; Gomiero, Tiziano; Watchman, Karen; Janicki, Matthew P; Hogan, Mary; Larsen, Frode; Beránková, Anna; Heloísa Santos, Flávia; Service, Kathy; Crowe, Jim

2018-01-01

This article, an output of the 2016 International Summit on Intellectual Disability and Dementia, examines familial caregiving situations within the context of a support-staging model for adults with intellectual disability (ID) affected by dementia. Seven narratives offer context to this support-staging model to interpret situations experienced by caregivers. The multidimensional model has two fundamental aspects: identifying the role and nature of caregiving as either primary (direct) or secondary (supportive); and defining how caregiving is influenced by stage of dementia. We propose staging can affect caregiving via different expressions: (1) the "diagnostic phase," (2) the "explorative phase," (3) the "adaptive phase," and (4) the "closure phase." The international narratives illustrate direct and indirect caregiving with commonality being extent of caregiver involvement and attention to the needs of an adult with ID. We conclude that the model is the first to empirically formalize the variability of caregiving within families of people with ID that is distinct from other caregiving groups, and that many of these caregivers have idiosyncratic needs. A support-staging model that recognizes the changing roles and demands of carers of people with ID and dementia can be useful in constructing research, defining family-based support services, and setting public policy.

Internal consistency and validity of an observational method for assessing disability in mobility in patients with osteoarthritis

NARCIS (Netherlands)

Steultjens, M. P.; Dekker, J.; van Baar, M. E.; Oostendorp, R. A.; Bijlsma, J. W.

1999-01-01

To establish the internal consistency and validity of an observational method for assessing disability in mobility in patients with osteoarthritis (OA). Data were obtained from 198 patients with OA of the hip or knee. Results of the observational method were compared with results of self-report

Understanding Intellectual Disability through Rasopathies

OpenAIRE

Alvaro, San Martín; Rafael, Pagani Mario

2014-01-01

Intellectual disability, commonly known as mental retardation in the International Classification of Disease from World Health Organization, is the term that describes an intellectual and adaptive cognitive disability that begins in early life during the developmental period. Currently the term intellectual disability is the preferred one. Although our understanding of the physiological basis of learning and learning disability is poor, a general idea is that such condition is quite permanent...

Promises of protection? Article 16 of the Convention on the Rights of Persons with Disabilities and gender-based violence in South Africa.

Science.gov (United States)

Combrinck, Helene

Article 16 of the Convention on the Rights of Persons with Disabilities (CRPD) guarantees persons with disabilities freedom from exploitation, violence and abuse. This article explores the current status of implementation of article 16 in South Africa, with specific reference to the legislative framework underpinning protection from exploitation, violence and abuse. This investigation is done specifically in the context of gender-based violence, which remains a cause of great concern in this country. Copyright © 2017. Published by Elsevier Ltd.

Toward a Hermeneutical Theory of International Human Rights Education

Science.gov (United States)

Al-Daraweesh, Fuad; Snauwaert, Dale T.

2013-01-01

The purpose of this essay is to articulate and defend the epistemological foundations of international human rights education from the perspective of a hermeneutical interpretive methodology. Fuad Al-Daraweesh and Dale Snauwaert argue here that this methodology potentially alleviates the challenges that face the cross-cultural implementation of…

Mapping SAGE questionnaire to the International Classification of Functioning, Disability and Health (ICF).

Science.gov (United States)

Raggi, Alberto; Quintas, Rui; Russo, Emanuela; Martinuzzi, Andrea; Costardi, Daniela; Frisoni, Giovanni Battista; Franco, Maria Grazia; Andreotti, Alessandra; Ojala, Matti; Peña, Sebastián; Perales, Jaime; Chatterji, Somnath; Miret, Marta; Tobiasz-Adamczyk, Beata; Koskinen, Seppo; Frattura, Lucilla; Leonardi, Matilde

2014-01-01

The collaborative research on ageing in Europe protocol was based on that of the World Health Organization Study on global AGEing and adult health (SAGE) project that investigated the relationship between health and well-being and provided a set of instruments that can be used across countries to monitor health and health-related outcomes of older populations as well as the strategies for addressing issues concerning the ageing process. To evaluate the degree to which SAGE protocol covered the spectrum of disability given the scope of the World Health Organization International Classification of Functioning, Disability and Health (ICF), a mapping exercise was performed with SAGE protocol. Results show that the SAGE protocol covers ICF domains in a non-uniform way, with environmental factors categories being underrepresented, whereas mental, cardiovascular, sensory functions and mobility were overrepresented. To overcome this partial coverage of ICF functioning categories, new assessment instruments have been developed. PRACTITIONER MESSAGE: Mapping exercises are valid procedures to understand the extent to which a survey protocol covers the spectrum of functioning. The mapping exercise with SAGE protocol shows that it provides only a partial representation of body functions and activities and participation domains, and the coverage of environmental factors is poor. New instruments are therefore needed for researchers to properly understand the health and disability of ageing populations. Copyright © 2013 John Wiley & Sons, Ltd.

A systematic review on the influence of pre-existing disability on sustaining injury.

Science.gov (United States)

Yung, A; Haagsma, J A; Polinder, S

2014-01-01

To systematically review studies measuring the influence of pre-existing disability on the risk of sustaining an injury. Systematic review. Electronic databases searched included Medline (Pubmed), ProQuest, Ovid and EMBASE. Studies (1990-2010) in international peer-reviewed journals were identified with main inclusion criteria being that the study assessed involvement of injury sustained by persons with and without pre-existing disability. Studies were collated by design and methods, and evaluation of results. Twenty-two studies met the inclusion criteria of our review. All studies found that persons with disabilities were at a significantly higher risk of sustaining injuries than those without. Persons with disability had a 30-450% increased odds (odds ratio 1.3-5.5) of sustaining injury compared to persons without disability. Among persons with pre-existing disability, the high risk groups of sustaining an injury are children and elderly. People with disabilities experience a higher risk to sustain an injury in comparison to the healthy population. There is a high need for large epidemiological studies of injury among persons with disability, to better address these unique risk profiles in order to prevent additional disability or secondary conditions. Copyright © 2013 Elsevier Ltd. All rights reserved.

The Human Rights Approach to Education in International Organisations

Science.gov (United States)

Hufner, Klaus

2011-01-01

In this article, the work of three international governmental organisations (IGOs) dealing with human rights will be discussed, namely the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Children's Fund (UNICEF) and the Council of Europe (CoE). In the first section, the main characteristics of the…

Integrated Disability Management

Directory of Open Access Journals (Sweden)

Silvia Angeloni

2013-10-01

Full Text Available This article sets out to increase awareness regarding the wide and universal significance of disability, as well as the important benefits of an Integrated Disability Management (IDM approach. The scientific basis for IDM is explored in the first place through an analysis of its relationship to the International Classification of Functioning, Disability and Health (ICF. The conceptual paradigm of the ICF shares an ideological position with the IDM approach in that they are both underpinned by dynamic and multidimensional constructions of disability, which imply equally holistic and interdisciplinary responses. The IDM approach can be applied across a diversity of human situations to provide solutions that reflect the multifaceted and widespread nature of disability. The IDM approach is intended as a strategy capable of handling: inclusion of people with disabilities, active aging of human resources, health and safety in the workplace, prevention of disabilities and various diseases, return-to-work, absenteeism, and presenteeism.

Patient's right to information under the New Zealand Code of Rights.

Science.gov (United States)

Mullen, Kyla

2015-09-01

The Code of Health and Disability Services Consumers' Rights includes right 6: the "Right to be Fully Informed". Analysis of the Health and Disability Commissioners' opinions between 2008 and 2013 that have discussed right 6 shows that the duties on providers have increased in a number of areas: the need to inform of risks, including provider-inherent risks; open disclosure of adverse events; ongoing need to inform consumers throughout the therapeutic relationship; information of all available options; and provision of sufficient time between disclosure of information and obtaining informed consent for provision of health services. Following a breach opinion, the Human Rights Review Tribunal and the Health Practitioners Competency Tribunal, on occasion, have the opportunity to consider the case but their role in law development is limited compared with that of the Commissioner. The limitations of law development in this manner are discussed.

Protecting the human right to freedom of expression in international law.

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Howie, Emily

2018-02-01

Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all of the relevant international human rights treaties. In international law, freedom to express opinions and ideas is considered essential at both an individual level, insofar as it contributes to the full development of a person, and being a foundation stone of democratic society. Free speech is a necessary precondition to the enjoyment of other rights, such as the right to vote, free assembly and freedom of association, and is essential to ensure press freedom. However, there is a clear and worrying global trend, including in western democracies, of governments limiting vibrant discussion and debate within civil society and among civil society, political leaders and government. Two examples illustrate this trend. First, anti-protest laws in Australia and the United States threaten the ability of people to stand together and express views on issues they care deeply about. Secondly, metadata retention laws jeopardise press freedom by undermining the confidentiality of journalists' sources and dissuading people from speaking freely on matters of public importance.

Human Rights Promotion through Transnational Investment Regimes: An International Political Economy Approach

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Claire Cutler

2013-05-01

Full Text Available International investment agreements are foundational instruments in a transnational investment regime that governs how states regulate the foreign-owned assets and the foreign investment activities of private actors. Over 3,000 investment agreements between states govern key governmental powers and form the basis for an emerging transnational investment regime. This transnational regime significantly decentralizes, denationalizes, and privatizes decision-making and policy choices over foreign investment. Investment agreements set limits to state action in a number of areas of vital public concern, including the protection of human and labour rights, the environment, and sustainable development. They determine the distribution of power between foreign investors and host states and their societies. However, the societies in which they operate seldom have any input into the terms or operation of these agreements, raising crucial questions of their democratic legitimacy as mechanisms of governance. This paper draws on political science and law to explore the political economy of international investment agreements and asks whether these agreements are potential vehicles for promoting international human rights. The analysis provides an historical account of the investment regime, while a review of the political economy of international investment agreements identifies what appears to be a paradox at the core of their operation. It then examines contract theory for insight into this apparent paradox and considers whether investment agreements are suitable mechanisms for advancing international human rights.

European validation of The Comprehensive International Classification of Functioning, Disability and Health Core Set for Osteoarthritis from the perspective of patients with osteoarthritis of the knee or hip.

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Weigl, Martin; Wild, Heike

2017-09-15

To validate the International Classification of Functioning, Disability and Health Comprehensive Core Set for Osteoarthritis from the patient perspective in Europe. This multicenter cross-sectional study involved 375 patients with knee or hip osteoarthritis. Trained health professionals completed the Comprehensive Core Set, and patients completed the Short-Form 36 questionnaire. Content validity was evaluated by calculating prevalences of impairments in body function and structures, limitations in activities and participation and environmental factors, which were either barriers or facilitators. Convergent construct validity was evaluated by correlating the International Classification of Functioning, Disability and Health categories with the Short-Form 36 Physical Component Score and the SF-36 Mental Component Score in a subgroup of 259 patients. The prevalences of all body function, body structure and activities and participation categories were >40%, >32% and >20%, respectively, and all environmental factors were relevant for >16% of patients. Few categories showed relevant differences between knee and hip osteoarthritis. All body function categories and all but two activities and participation categories showed significant correlations with the Physical Component Score. Body functions from the ICF chapter Mental Functions showed higher correlations with the Mental Component Score than with the Physical Component Score. This study supports the validity of the International Classification of Functioning, Disability and Health Comprehensive Core Set for Osteoarthritis. Implications for Rehabilitation Comprehensive International Classification of Functioning, Disability and Health Core Sets were developed as practical tools for application in multidisciplinary assessments. The validity of the Comprehensive International Classification of Functioning, Disability and Health Core Set for Osteoarthritis in this study supports its application in European patients with

Processing Disability.

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Harris, Jasmine

2015-01-01

This Article argues that the practice of holding so many adjudicative proceedings related to disability in private settings (e.g., guardianship, special education due process, civil commitment, and social security) relative to our strong normative presumption of public access to adjudication may cultivate and perpetuate stigma in contravention of the goals of inclusion and enhanced agency set forth in antidiscrimination laws. Descriptively, the law has a complicated history with disability--initially rendering disability invisible; later, underwriting particular narratives of disability synonymous with incapacity; and, in recent history, promoting the full socio-economic visibility of people with disabilities. The Americans with Disabilities Act (ADA), the marquee civil rights legislation for people with disabilities (about to enter its twenty-fifth year), expresses a national approach to disability that recognizes the role of society in its construction, maintenance, and potential remedy. However, the ADA’s mission is incomplete. It has not generated the types of interactions between people with disabilities and nondisabled people empirically shown to deconstruct deeply entrenched social stigma. Prescriptively, procedural design can act as an "ntistigma agent"to resist and mitigate disability stigma. This Article focuses on one element of institutional design--public access to adjudication--as a potential tool to construct and disseminate counter-narratives of disability. The unique substantive focus in disability adjudication on questions of agency provides a potential public space for the negotiation of nuanced definitions of disability and capacity more reflective of the human condition.

Utility of the Oswestry Disability Index for studies of back pain related disability in nurses: evaluation of psychometric and measurement properties.

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Dawson, Anna P; Steele, Emily J; Hodges, Paul W; Stewart, Simon

2010-05-01

Disability due to back pain in nurses results in reduced productivity, work absenteeism and attrition from the nursing workforce internationally. Consistent use of outcome measures is needed in intervention studies to enable meta-analyses that determine efficacy of back pain preventive programs. This study investigated the psychometric and measurement properties of the Oswestry Disability Index (ODI) in nursing students to determine its suitability for assessing back pain related disability in intervention studies. Bachelor of Nursing students were recruited. Test-retest reliability and the ability of the ODI to discriminate between individuals with serious and non-serious back pain were investigated. The measurement error of the ODI was examined with the minimal detectable change at the 90% confidence level (MDC(90)). Student nurses (n=214) had a low mean ODI score of 8.8+/-7.4%. Participants with serious back pain recorded higher scores than the rest of the cohort (pdisability in this population. Data from this and previous studies demonstrate that the measurement properties of the ODI are inappropriate for studying back pain related disability in nurses. The ODI is not recommended for back pain intervention studies in the nursing population and an alternative tool that is sensitive to lower levels of disability must be determined. Copyright 2009 Elsevier Ltd. All rights reserved.

Parents' Assessments of Disability in Their Children Using World Health Organization International Classification of Functioning, Disability and Health, Child and Youth Version Joined Body Functions and Activity Codes Related to Everyday Life

DEFF Research Database (Denmark)

Illum, Niels Ove; Gradel, Kim Oren

2017-01-01

: Parents of 162 children with spina bifida, spinal muscular atrophy, muscular disorders, cerebral palsy, visual impairment, hearing impairment, mental disability, or disability following brain tumours performed scoring for 26 body functions qualifiers (b codes) and activities and participation qualifiers......AIM: To help parents assess disability in their own children using World Health Organization (WHO) International Classification of Functioning, Disability and Health, Child and Youth Version (ICF-CY) code qualifier scoring and to assess the validity and reliability of the data sets obtained. METHOD...... of 1.01 and 1.00. The mean corresponding outfit MNSQ was 1.05 and 1.01. The ICF-CY code τ thresholds and category measures were continuous when assessed and reassessed by parents. Participating children had a mean of 56 codes scores (range: 26-130) before and a mean of 55.9 scores (range: 25-125) after...

The Impact of International Cooperation for the Development of Democracy and Human Rights

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Juan Pablo Prado Lallande

2009-01-01

Full Text Available At the end of the Cold War, the developed countries agreed that democracy and human rights would be top priority goals of the international cooperation for development. However, nearly two decades after those official commitments, these goals have not been relevant elements of the international agenda, since political, economic and security issues still prevail over both values. This paper analyzes the existing situation, in reference to the U.S. and European Union experiences. The article includes some considerations for the improvement of the international cooperation ability to promote democracy and human rights in third world countries.

A Psychometric Validation of the Internal and External Motivation to Respond without Prejudice toward People with Disabilities Scale

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Pruett, Steven R.; Deiches, Jon; Pfaller, Joseph; Moser, Erin; Chan, Fong

2014-01-01

Objective: To determine the factorial validity of the Internal and External Motivation to Respond without Prejudice toward People with Disabilities Scale (D-IMS/EMS). Design: A quantitative descriptive design using factor analysis. Participants: 233 rehabilitation counseling and rehabilitation services students. Results: Both exploratory and…

Human rights and the requirement for international medical aid.

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Tolchin, Benjamin

2008-08-01

Every year approximately 18 million people die prematurely from treatable medical conditions including infectious diseases and nutritional deficiencies. The deaths occur primarily amongst the poorest citizens of poor developing nations. Various groups and individuals have advanced plans for major international medical aid to avert many of these unnecessary deaths. For example, the World Health Organization's Commission on Macroeconomics and Health estimated that eight million premature deaths could be prevented annually by interventions costing roughly US$57 bn per year. This essay advances an argument that human rights require high-income nations to provide such aid. The essay briefly examines John Rawls' obligations of justice and the reasons that their applicability to cases of international medical aid remains controversial. Regardless, the essay argues that purely humanitarian obligations bind the governments and citizens of high-income liberal democracies at a minimum to provide major medical aid to avert premature deaths in poor nations. In refusing to undertake such medical relief efforts, developed nations fail to adequately protect a fundamental human right to life.

Disabled children and their families in Ukraine: health and mental health issues for families caring for their disabled child at home.

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Bridge, Gillian

2004-01-01

In the Eastern European countries included in the communist system of the USSR, parents of disabled children were encouraged to commit their disabled child to institutional care. There were strict legal regulations excluding them from schools. Medical assessments were used for care decisions. Nevertheless many parents decided to care for their disabled child at home within the family. Ukraine became an independent country in 1991, when communism was replaced by liberal democracy within a free market system. Western solutions have been sought for many social problems existing, but 'hidden,' under the old regime. For more of the parents of disabled children, this has meant embracing ideas of caring for their disabled children in the community, and providing for their social, educational, and medical needs, which have previously been denied. The issue of disability is a serious one for Ukraine where the nuclear disaster at Chernobyl in 1986 caused extensive radiation poisoning. This almost certainly led to an increase in the number of disabled children being born and an increase in the incidence of various forms of cancer. This paper is based on a series of observation visits to some of the many self-help groups established by parents, usually mothers, for their disabled children. It draws attention to the emotional stress experienced both by parents and their disabled children in the process of attempting to come to terms with the disabling conditions, and the denial of the normal rights of childhood resulting from prejudice, poor resources, ignorance, and restrictive legislation. Attempts have been made to identify the possible role and tasks of professional social workers within this context. International comparisons show that many parents and their children do not benefit from the medical model of disability, and that serious consequences include the development of depressive illness among those who find that little help is available from public services.

A comparison of DSM-5 and ICD-11 PTSD prevalence, comorbidity and disability: an analysis of the Ukrainian Internally Displaced Person's Mental Health Survey.

Science.gov (United States)

Shevlin, M; Hyland, P; Vallières, F; Bisson, J; Makhashvili, N; Javakhishvili, J; Shpiker, M; Roberts, B

2018-02-01

Recently, the American Psychiatric Association (DSM-5) and the World Health Organization (ICD-11) have both revised their formulation of post-traumatic stress disorder (PTSD). The primary aim of this study was to compare DSM-5 and ICD-11 PTSD prevalence and comorbidity rates, as well as the level of disability associated with each diagnosis. This study was based on a representative sample of adult Ukrainian internally displaced persons (IDPs: N = 2203). Post-traumatic stress disorder prevalence was assessed using the PTSD Checklist for DSM-5 and the International Trauma Questionnaire (ICD-11). Anxiety and depression were measured using the Generalized Anxiety Disorder Scale and the Patient Health Questionnaire-Depression. Disability was measured using the WHO Disability Assessment Schedule 2.0. The prevalence of DSM-5 PTSD (27.4%) was significantly higher than ICD-11 PTSD (21.0%), and PTSD rates for females were significantly higher using both criteria. ICD-11 PTSD was associated with significantly higher levels of disability and comorbidity. The ICD-11 diagnosis of PTSD appears to be particularly well suited to identifying those with clinically relevant levels of disability. © 2017 John Wiley & Sons A/S. Published by John Wiley & Sons Ltd.

International Guidelines on Human Rights and Drug Control: A Tool for Securing Women's Rights in Drug Control Policy.

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Schleifer, Rebecca; Pol, Luciana

2017-06-01

Discrimination and inequality shape women's experiences of drug use and in the drug trade and the impact of drug control efforts on them, with disproportionate burdens faced by poor and otherwise marginalized women. In recent years, UN member states and UN drug control and human rights entities have recognized this issue and made commitments to integrate a 'gender perspective' into drug control policies, with 'gender' limited to those conventionally deemed women. But the concept of gender in international law is broader, rooted in socially constructed and culturally determined norms and expectations around gender roles, sex, and sexuality. Also, drug control policies often fail to meaningfully address the specific needs and circumstances of women (inclusively defined), leaving them at risk of recurrent violations of their rights in the context of drugs. This article explores what it means to 'mainstream' this narrower version of gender into drug control efforts, using as examples various women's experiences as people who use drugs, in the drug trade, and in the criminal justice system. It points to international guidelines on human rights and drug control as an important tool to ensure attention to women's rights in drug control policy design and implementation.

Internet Use in Aphasia: A Case Study Viewed through the International Classification of Functioning, Disability, and Health

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Menger, Fion; Morris, Julie; Salis, Christos

2017-01-01

Purpose: This article uses an illustrative case example to discuss a means of producing a holistic profile of Internet use for individuals with aphasia. Methods: The authors used the International Classification of Functioning, Disability, and Health as a framework to select novel and existing assessments to explore the Internet use and skills of…

Subnormality under debate: discourses and policies on intellectual disability during the late Franco regime.

Science.gov (United States)

Del Cura, Mercedes

2016-01-01

During the last two decades of the Franco dictatorship, intellectually disabled people became an object of concern on the part of Spanish society and the center of a debate involving the state, the church, certain professional groups and families of those affected. This debate was stoked by ideas circulating in the international setting about the right of the intellectually disabled to integrate into society and enjoy the same opportunities as other individuals. This article seeks to identify the circumstances that led to the emergence of this concern and to note the elements that helped construct the discourses and govern the practices on intellectual disability that developed during the later years of the Franco regime.

Disability pride protects self-esteem through the rejection-identification model.

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Bogart, Kathleen R; Lund, Emily M; Rottenstein, Adena

2018-02-01

The rejection-identification model (RIM) argues that the negative impacts of stigma, such as decreased self-esteem, may be mitigated when members of the stigmatized group choose to identify with each other rather than with the majority culture. A previously unstudied potential RIM stigma-reduction mechanism is disability pride, which views disability as a source of valuable, enriching, and positive experience. Impairment, personal, and environmental factors based on the International Classification of Functioning, Disability and Health (ICF) predict whether people will categorize themselves as disabled, but predictors of pride have received little examination. The purpose of this study was to (a) explore whether ICF factors predict disability pride, and (b) assess whether disability pride mediates a relationship between stigma and self-esteem, supporting RIM. Research Method/Design: Participants completed an Internet-based survey assessing pride, self-esteem, and ICF factors. Disability was not mentioned in recruitment materials to prevent selection biases. People who reported at least 1 impairment (n = 710) were included in analyses. ICF personal and environmental factors (stigma, social support, and being a person of color), but not impairment factors, predicted disability pride. Supporting RIM, disability pride partially mediated the relationship between stigma and self-esteem. Disability pride is a promising way to protect self-esteem against stigma. Disability pride is still a rare phenomenon. Given that pride is associated with social support, stigma, and, to a lesser extent, ethnicity, but not impairment characteristics, interventions might focus on personal and environmental factors like these to promote pride. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

Employing the International Classification of Functioning, Disability and Health to enhance services for children and youth with chronic physical health conditions and disabilities.

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McDougall, Janette; Horgan, Karen; Baldwin, Patricia; Tucker, Mary Ann; Frid, Pamela

2008-03-01

In 2001, the World Health Organization published the International Classification of Functioning, Disability and Health (ICF). The ICF is just beginning to be used in a variety of clinical and research settings in Canada and worldwide. The purpose of the present article is to describe the initial use of the ICF at an Ontario children's rehabilitation centre, and to consider further uses both within and outside the centre for enhancing services for children and youth with chronic physical health conditions and disabilities, as well as for their families. A description is provided on how the ICF has been used at the centre to guide clinical thinking and practice, and to justify and steer research directions. Plans underway to use the ICF to collect and record functional data at the centre are also described. Finally, recommendations for the use of the ICF to enhance communication among child health professionals across service settings are provided. Used in conjunction with the International Classification of Diseases - Tenth Revision, the ICF's conceptual framework and classification system shows great promise for enhancing the quality of services for children with chronic conditions and their families. This information may assist paediatric specialists, other child health professionals, researchers and administrators to use the ICF in similar settings. It may also stimulate exploration of the use of the ICF for general paediatricians and other service providers in the larger community.

Under the (legal radar screen: global health initiatives and international human rights obligations

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Hammonds Rachel

2012-11-01

Full Text Available Abstract Background Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help fulfil the right to health beyond borders. Methods The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Results Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. Conclusions In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers

Under the (legal) radar screen: global health initiatives and international human rights obligations

Science.gov (United States)

2012-01-01

Background Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders. Methods The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Results Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. Conclusions In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on. PMID

Under the (legal) radar screen: global health initiatives and international human rights obligations.

Science.gov (United States)

Hammonds, Rachel; Ooms, Gorik; Vandenhole, Wouter

2012-11-15

Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders. The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on.

A content analysis of peripheral arterial disease patient-reported outcome measures using the International Classification of Functioning, Disability and Health.

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Osborne, Candice Lee; Kauvar, David Seth

2017-10-17

The purpose of this study was to link, classify and describe the content of peripheral arterial disease (PAD)-specific patient-reported outcome measures using the International Classification of Functioning. The results were then analyzed to determine if these assessments provide clinicians and researchers with a comprehensive understanding of the lived experience of patients with PAD. Each meaningful concept in identified PAD assessments was linked to the International Classification of Functioning, Disability and Health to determine included and excluded content areas. An overall perspective was assigned to each assessment item. Inter-rater reliability was established using a kappa statistic. The body functions component is most frequently addressed overall followed by the activities and participation component. International Classification of Functioning chapter and category distribution vary greatly between assessments and no assessment comprehensively examines community participation and relationships. The majority of the assessment items are of the health status-disability and quality of life perspectives. The results of this study suggest the need for the development of a comprehensive PAD assessment that includes a more even distribution of International Classification of Functioning topics and subtopics. A more comprehensive assessment would better capture the lived experience of this patient population. Implications for Rehabilitation A better understanding of the data collected using the current peripheral arterial disease-specific patient-reported outcome measures may contribute to the development of more comprehensive assessment tools that will ultimately lead to improved patient care. This study contributes to the preliminary foundation for the development of a peripheral arterial disease International Classification of Functioning, Disability and Health Core Set. Clinicians and researchers interested in using peripheral arterial disease

Child-mother and child-father attachment security: links to internalizing adjustment among children with learning disabilities.

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Al-Yagon, Michal

2014-02-01

The study examined the unique role of children's attachment with the father and with the mother, in explaining differences in internalizing features (i.e., loneliness, sense of coherence, hope and effort, and internalizing behavior syndrome) among 107 children with learning disabilities (LD) versus 98 children with typical development ages 8-12. Preliminary analyses yielded significant group differences on most measures. SEM analysis indicated high fit between the theoretical model and empirical findings, and different patterns of relations among the model's components for the two populations. As hypothesized, child-father and child-mother attachment contributed differently to children's internalizing features for the two subgroups. Discussion focused on understanding unique and complementary roles of attachment relations with fathers versus mothers among children with and without LD.

Multinomial logistic regression analysis for differentiating 3 treatment outcome trajectory groups for headache-associated disability.

Science.gov (United States)

Lewis, Kristin Nicole; Heckman, Bernadette Davantes; Himawan, Lina

2011-08-01

Growth mixture modeling (GMM) identified latent groups based on treatment outcome trajectories of headache disability measures in patients in headache subspecialty treatment clinics. Using a longitudinal design, 219 patients in headache subspecialty clinics in 4 large cities throughout Ohio provided data on their headache disability at pretreatment and 3 follow-up assessments. GMM identified 3 treatment outcome trajectory groups: (1) patients who initiated treatment with elevated disability levels and who reported statistically significant reductions in headache disability (high-disability improvers; 11%); (2) patients who initiated treatment with elevated disability but who reported no reductions in disability (high-disability nonimprovers; 34%); and (3) patients who initiated treatment with moderate disability and who reported statistically significant reductions in headache disability (moderate-disability improvers; 55%). Based on the final multinomial logistic regression model, a dichotomized treatment appointment attendance variable was a statistically significant predictor for differentiating high-disability improvers from high-disability nonimprovers. Three-fourths of patients who initiated treatment with elevated disability levels did not report reductions in disability after 5 months of treatment with new preventive pharmacotherapies. Preventive headache agents may be most efficacious for patients with moderate levels of disability and for patients with high disability levels who attend all treatment appointments. Copyright © 2011 International Association for the Study of Pain. Published by Elsevier B.V. All rights reserved.

The principle of the accessibility of the right to education (international aspect

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Karapetyan G.A.

2017-06-01

Full Text Available the article describes the principle of the accessibility of the right to education from the perspective of international legal documents; establishes the forms of the accessibility according to the signs of directionality and duration of education; detects the types of the accessibility in the context of international acts.

The Use of Drones and Human Rights: Particular Focus on the International Covenant on Civil and Political Rights Articles 2, 6, 12, 17 and 21

OpenAIRE

Rizwani, Muhammad Saqib

2013-01-01

The topic of this thesis is how the use of drone technology relates to the international human rights law regime. Particular focus is on the International Covenant on Civil and Political Rights Articles 2, 6, 12, 17 and 21.

Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities

Science.gov (United States)

Craigie, Jillian

2015-01-01

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. PMID:25997381

Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities.

Science.gov (United States)

Craigie, Jillian

2015-01-01

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. Copyright © 2015. Published by Elsevier Ltd.

Mothers with intellectual disabilities

OpenAIRE

Kolarič, Sandra

2015-01-01

For the theoretical part of this master's thesis foreign literature and finished foreign researches were studied. In this part of the thesis the characteristics of mothers with intellectual disabilities; factors, which influence the success of carrying out their mother role; and the rights of people with intellectual disabilities as parents, all based on Slovene legislation are included. We listed reasons for limiting reproduction for women with intellectual disabilities and issues concerning...

Using the International Classification of Functioning, Disability and Health (ICF) to address facilitators and barriers to participation at work.

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Martins, Anabela Correia

2015-01-01

The International Classification of Functioning, Disability and Health (ICF) was approved by the World Health Assembly in 2001. Ten years later, strong arguments have arisen regarding the added value of ICF to the policies on employment and the outcomes at the workplace. As a conceptual framework, ICF has universality because of its inclusive and comprehensive view of human functioning. At a practical level ICF can be used to quantify the impact of impairment on an individual's ability to act in his/her environment and to assess interventions to minimize the impact of disability and maximize functioning. To explore key indicators of social participation (life habits) of persons with disabilities, particularly related to work, among environmental and personal factors. Data were collected by self-administered questionnaires from a convenience sample of 149 working-age persons with disabilities. Social participation is a construct composed by multiple components and employment domain is the strongest indicator of participation. Correlations between social participation and personal factors, such as self-efficacy and attitudes towards disability were moderate. Those who are employed scored higher quality of life in terms of satisfaction with life, more positive attitudes toward disabilities and higher self-efficacy than the ones who are retired or unemployed. Persons using adapted wheelchair and those who were involved in wheelchair selection scored higher in social participation in general, performance at work, and quality of life. Age and disability duration were not associated with participants' employment status. These findings suggest that rehabilitation and vocational agents, like physiotherapists and other professionals, should have knowledge and understanding of the multiple factors that influence persons with disabilities' participation at work. Programs should provide appropriate wheelchairs, skills training, empowerment and problem-solving strategies in

Advancing Direct Corporate Accountability in International Human Rights Law: The Role of State-Owned Enterprises

OpenAIRE

Ma, Xili

2017-01-01

Resorting to the immensely State-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate. Among many proposals aiming at filling the international regulatory gaps, imposing international human rights obligations directly on corporations is a bold one, which, due to profound doctrinal and practical challenges, has yet to be agreed upon or established. However, State-Owned Enterprises (SOEs), given its prima facie “State-Business nexus” that bl...

Mental health legislation in Lebanon: Nonconformity to international standards and clinical dilemmas in psychiatric practice.

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Kerbage, Hala; El Chammay, Rabih; Richa, Sami

2016-01-01

Mental health legislation represents an important mean of protecting the rights of persons with mental disabilities by preventing human rights violations and discrimination and by legally reinforcing the objectives of a mental health policy. The last decade has seen significant changes in the laws relating to psychiatric practice all over the world, especially with the implementation of the Convention for the Rights of People with Disabilities (CRPD). In this paper, we review the existing legislation in Lebanon concerning the following areas in mental health: treatment and legal protection of persons with mental disabilities, criminal laws in relation to offenders with mental disorders, and laws regulating incapacity. We will discuss these texts in comparison with international recommendations and standards on the rights of persons with disabilities, showing the recurrent contradiction between them. Throughout our article, we will address the clinical dilemmas that Lebanese psychiatrists encounter in practice, in the absence of a clear legislation that can orient their decisions and protect their patients from abuse. Copyright © 2015. Published by Elsevier Ltd.

The International Communication Project: Raising global awareness of communication as a human right.

Science.gov (United States)

Mulcair, Gail; Pietranton, Arlene A; Williams, Cori

2018-02-01

Communication as a human right is embedded within Article 19 of the Universal Declaration of Human Rights; however, there is a need to raise global awareness of the communication needs of those with communication disorders. In 2014, the six national speech-language and audiology professional bodies that comprise the Mutual Recognition Agreement (MRA) launched the International Communication Project (ICP) to help raise awareness of communication disorders around the world. Since its inception, the project has engaged close to 50 organisations from diverse regions, and has undertaken a number of initiatives, including development of the Universal Declaration of Communication Rights. A consultancy report was commissioned to inform ICP efforts to influence international policy bodies. As a result, the current focus of the ICP is to identify opportunities to influence the policies of organisations such as the World Health Organization, the United Nations and World Bank to more explicitly acknowledge and address communication as a human right. This commentary paper describes the work of the ICP to date, with an emphasis on the place of communication disorders in current international policy and potential pathways for advocacy.

Stigma as a barrier to employment: mental disability and the Americans with Disabilities Act.

Science.gov (United States)

Scheid, Teresa L

2005-01-01

In a controversial expansion of workplace civil rights, the 1990 Americans with Disability Act (ADA) extended anti-discrimination protection to individuals with "mental impairments." One of the most critical barriers to the employment of individuals with mental disabilities is the degree of social stigma such disabilities incur, and there is compelling evidence that employers have stigmatizing attitudes and have discriminated against those with mental disabilities. This study examines the role played by stigma in employers' response to the 1990 Americans with Disability Act (ADA). A stratified sample of one hundred ninety employers were surveyed in 1996-1997 in a major Southern metropolitan area. Telephone interviews were completed with one hundred seventeen employers (response rate of 61.6%). The article describes employers' experiences with employees with mental disabilities and accommodations, specific employment practices, and attitudes towards those with mental disabilities. Stigma played an important role in conformity to the ADA (operationalized as either hiring or having specific recruiting policies for hiring individuals with mental disabilities). Furthermore, employers expressing coercive (fear of a lawsuit) as opposed to normative (belief that it is the right thing to do) rationales for compliance were more likely to hold stigmatized attitudes. Employers' beliefs about mental disability form a crucial foundation for truly supportive work environments (those that value difference and diversity), and further research is needed to determine if over time the ADA is successful in changing attitudes as well as behavior.

Disability Exclusion and Rights: The Life Story of Alice Jamieson

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Allison Lynch

2014-06-01

Full Text Available There is a commonly held belief that fear of disability by society is the reason for segregation of the disabled. Although acknowledging the validity of such a belief, this paper disputes this claim as it pertains to sufferers of mental illness. Specifically it explores one woman’s development of dissociative identity disorder as a result of years of incestuous abuse. Alice Jamieson developed multiple personalities in order to survive her horrendous childhood, which ultimately caused her to live a life of segregation and social exclusion. Alice did however; experience the enabling effects of positive, supportive relationships on rare occasions throughout her childhood (with her grandfather and her adult life (with a work colleague. The telling of her story bought Alice a powerful sense of healing and has helped raise awareness of childhood sexual abuse and its devastating consequences.

CONSIDERATIONS APPLICABLE INTERNATIONAL ACCOUNTING REGULATIONS OF WAGES AND RELATED RIGHTS

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NĂSTASIE MIHAELA – ANDREEA

2014-02-01

Full Text Available General research area of this article is the issue of employee benefits nationwide and can be placed in the sphere of accounting research at the intersection of the finance research and field research on human resource management. The current conditions of global economic crisis, rewarding staff works on two levels, influencing both the behavior of employees and the efficiency of the economic entity. Wages and related rights are regulated under International Accounting Standards and International Financial Reporting Standards by IAS 19 "Employee Benefits" and IFRS 2 "Share-based Payment". Concerns over the years, on remuneration, was the International Accounting Standards Board, as in 1998 was developed International Accounting Standard 19 "Employee Benefits" and in 2004 was drafted to International Financial Reporting Standard 2 "Share-based Payment". This article is part of a broader research and through it we tried to address a topical issue that employee benefits and consequences of the degree of economic and financial development of economic entities and living standards of the population.

Generalist genes and learning disabilities.

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Plomin, Robert; Kovas, Yulia

2005-07-01

The authors reviewed recent quantitative genetic research on learning disabilities that led to the conclusion that genetic diagnoses differ from traditional diagnoses in that the effects of relevant genes are largely general rather than specific. This research suggests that most genes associated with common learning disabilities--language impairment, reading disability, and mathematics disability--are generalists in 3 ways. First, genes that affect common learning disabilities are largely the same genes responsible for normal variation in learning abilities. Second, genes that affect any aspect of a learning disability affect other aspects of the disability. Third, genes that affect one learning disability are also likely to affect other learning disabilities. These quantitative genetic findings have far-reaching implications for molecular genetics and neuroscience as well as psychology. Copyright 2005 APA, all rights reserved.

Protection of the disabled in the work environment

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Jovanović Predrag P.

2015-01-01

Full Text Available The disabled enjoy special protection at work (in the work environment. The importance of this protection essentially determines the status of the disabled in the society, because it is connected with the work of the disabled with which get the means of life, but they are also brought into an equal position with other persons that do not have disability and whose working abilities are not reduced. There is a lot of vagueness in terms of terminological and meaning determination of the concept of disability, both in the international and the domestic law. We tried to elaborate the issue of disability in the paper firstly in the terminological and meaning sense and then to present international legal and domestic platform of their protection at work connected with the work, too (the work environment. Special emphasis was put on the concept of the disabled worker and their equal protection, with a critic review on the existing solutions in the effective law.

The Educational Rights of Students: International Perspectives on Demystifying the Legal Issues

Science.gov (United States)

Russo, Charles J., Ed.; Stewart, Douglas J., Ed.; De Groof, Jan, Ed.

2006-01-01

Education law has emerged as an important concern to educators in many countries around the world. While there are similarities in the range of rights that students in various countries have, there are also many differences. This book provides a comprehensive examination the status of the legal rights of students in 13 international communities.…

Awareness-Raising, Legitimation or Backlash? Effects of the UN Convention on the Rights of Persons with Disabilities on Education Systems in Germany

Science.gov (United States)

Powell, Justin J. W.; Edelstein, Benjamin; Blanck, Jonna M.

2016-01-01

Global discourse about human rights, education for all, and inclusive education has altered social norms relating to dis/ability and schooling, especially through awareness-raising, by legitimating advocates' positions and by facilitating policy reforms. Affected by societal and educational change, special education systems and their participants…

Measuring Disability: Comparing the Impact of Two Data Collection Approaches on Disability Rates

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Carla Sabariego

2015-08-01

Full Text Available The usual approach in disability surveys is to screen persons with disability upfront and then ask questions about everyday problems. The objectives of this paper are to demonstrate the impact of screeners on disability rates, to challenge the usual exclusion of persons with mild and moderate disability from disability surveys and to demonstrate the advantage of using an a posteriori cut-off. Using data of a pilot study of the WHO Model Disability Survey (MDS in Cambodia and the polytomous Rasch model, metric scales of disability were built. The conventional screener approach based on the short disability module of the Washington City Group and the a posteriori cut-off method described in the World Disability Report were compared regarding disability rates. The screener led to imprecise rates and classified persons with mild to moderate disability as non-disabled, although these respondents already experienced important problems in daily life. The a posteriori cut-off applied to the general population sample led to a more precise disability rate and allowed for a differentiation of the performance and needs of persons with mild, moderate and severe disability. This approach can be therefore considered as an inclusive approach suitable to monitor the Convention on the Rights of Persons with Disabilities.

International trade in carbon emission rights and basic materials: General equilibrium calculations for 2020

International Nuclear Information System (INIS)

Perroni, C.; Rutherford, T.F.

1993-01-01

Restrictions on CO 2 emissions affect international trade and the pattern of comparative advantage. This paper, based on calculations with a static general equilibrium model, suggests that international trade in carbon rights is a substitute for trade in energy-intensive goods, and thus international trading in carbon rights reduces sectoral effects of emission reductions. In our model, we surprisingly find that free riding by non-signatory countries may not render unilateral action ineffective. If the OECD unilaterally cuts global emissions by 5 per cent from 1990 levels by the year 2020, emission by non-OECD regions increase but offset less than 15 per cent of this cutback. Moreover, carbon taxes depress international oil prices and create incentives for increased trade in natural gas. 14 refs, 7 figs

Taxpayers' confidentiality and privacy rights in the international exchange of tax information

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Anđelković Mileva

2014-01-01

Full Text Available The exchange of tax information is a distinctive feature of international tax cooperation processes. The trend of intensive communication between the national tax administrations has been a political priority in economically developed countries. This area of international tax law has been subject to significant changes in the past few years. Countries are prompted to pursue the automatic exchange of tax information by entering into multilateral treaties on the exchange of tax information rather than engage in international exchange of tax information upon request by entering into bilateral agreements. These processes are promptly expedited owing to the incredible development of information and communication technologies. These developments are basically aimed at preventing different forms of international tax fraud which generate significant financial losses in the circumstances of current economic crisis. Such efforts may be justifiable regarding the interests of the countries of residence; but, what about the legal status of ordinary taxpayers who are now subject to a comprehensive and far-reaching control? The new concept may be appropriate for tracking tax fraud or embezzlement but what are its implications for law-abiding taxpayers? The national legislatures are obliged to provide for the protection of confidentiality of exchanged tax information but many states have not fully recognized the importance of providing adequate legal protection of sensitive personal and financial data. There are only a few countries whose legislations explicitly prescribe the taxpayers' right to be informed, the right to consult tax administration and the right to seek tax administration intervention as a form of legal protection in international exchange of tax information. The Serbian tax legislation does not envisage the obligation of tax authorities to notify the taxpayers about the request submitted by foreign tax authorities to provide some tax

The right to a fair appeal in international criminal law

NARCIS (Netherlands)

Djukic, Drazan

2017-01-01

The Right to a Fair Appeal in International Criminal Law – Layman’s Summary A criminal trial does not end after the first judgment of a court. A person is only finally found guilty or innocent after one or more appeals. Appeals thus have an important place in the criminal justice system. However,

The Right to Education for Internally Displaced Persons in Nigeria ...

African Journals Online (AJOL)

A distinctive challenge facing internally displaced persons (IDPs) are structural conditions that deny them access to the right to education. The main aim of the study is to investigate the role of open and distance learning in providing access and educational opportunities to the IDPs. The research methodology for this study ...

Outcome of tunneled infusion catheters inserted via the right internal jugular vein

International Nuclear Information System (INIS)

Shin, Sung Wook; Do, Young Soo; Choo, Sung Wook; Yoo, Wi Kang; Choo, In Wook; Kim, Jae Hyung

2003-01-01

To assess the outcome of tunneled central venous catheter placement via the right internal jugular vein. Between June 2001 and May 2002, 670 consecutive Hickman catheters were placed in 654 patients via the right internal jugular vein. The procedural complications arising and follow-up data obtained from May to July 2002 were evaluated. The technical success rate for catheter placement was 99.9% (669/670). Procedural complications were limited to eight cases (1.2%), including three pneumothoraces, one early migration of the catheter, one clinically unimportant air embolism, one catheter injury, one catheter kinking and one primary malpositioning in the azygos vein. Catheter dwelling time ranged from 1 to 407 (mean 107.1) days. During the follow-up period, 416 catheter were removed for various reasons: treatment had ended (n=334), patients declined treatment or their drug regimen was changed (n=16), late complications arose (n=53), or other circumstances intervened (n=13). Late complications included 44 cases of catheter-related infection (6.6%), five of catheter migration (0.7%), two of catheter occlusion (0.3%), one of thrombophlebitis (0.15%), and one of catheter-related right atrial thrombosis (0.15%). Only one instance of symptomatic venous thrombosis or stenosis was noted, namely the one case of thrombophlebitis. Because the incidence of subsequent symptomatic venous thrombosis or stenosis is lower, the preferred route for tunneled central venous catheter placement is the right internal jugular vein

Identifying a Human Right to Access Sustainable Energy Services in International Human Rights Law (SDG 7)? (LRN Law and Sustainability Conference)

NARCIS (Netherlands)

Hesselman, Marlies

2017-01-01

This paper assessed whether a right to sustainable energy services access can be found in international human rights law, possibly in support of achieving UN Sustainable Development Goal 7. According to SDG 7.1, States are expected to strive for the implementation of "universal access to modern,

The role of disability self-concept in adaptation to congenital or acquired disability.

Science.gov (United States)

Bogart, Kathleen R

2014-02-01

Current theories of adaptation to disability do not address differences in adaptation to congenital or acquired disability. Although people with congenital disabilities are generally assumed to be better adapted than people with acquired disabilities, few studies have tested this, and even fewer have attempted to explain the mechanisms behind these differences. This study tested the proposition that whether a disability is congenital or acquired plays an important role in the development of the disability self-concept (consisting of disability identity and disability self-efficacy), which in turn, affects satisfaction with life. It was predicted that disability self-concept would be better developed among people with congenital, compared with acquired disabilities, predicting greater satisfaction with life in those with acquired conditions. 226 participants with congenital and acquired mobility disabilities completed a cross-sectional online questionnaire measuring satisfaction with life, self-esteem, disability identity, disability self-efficacy, and demographic information. Self-esteem, disability identity, disability self-efficacy, and income were significant predictors of satisfaction with life. Congenital onset predicted higher satisfaction with life; disability identity and disability self-efficacy, but not self-esteem, partially mediated the relationship. Findings highlight the distinction between adaptation to congenital versus acquired disability and the importance of disability self-concept, which are underresearched constructs. Results suggest that rather than attempting to "normalize" individuals with disabilities, health care professionals should foster their disability self-concept. Possible ways to improve disability self-concept are discussed, such as involvement in the disability community and disability pride. PsycINFO Database Record (c) 2014 APA, all rights reserved.

Biomedicine and international human rights law: in search of a global consensus.

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Andorno, Roberto

2002-01-01

Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning. PMID:12571724

Levels of disability in the older population of England: Comparing binary and ordinal classifications.

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Pongiglione, Benedetta; Ploubidis, George B; De Stavola, Bianca L

2017-10-01

Recent studies suggest the importance of distinguishing severity levels of disability. Nevertheless, there is not yet a consensus with regards to an optimal classification. Our study seeks to advance the existing binary definitions towards categorical/ordinal manifestations of disability. We define disability according to the WHO's International Classification of Functioning, Disability and Health (ICF) using data collected at the baseline wave of the English Longitudinal Study of Aging, a longitudinal study of the non-institutionalized population, living in England. First, we identify cut-off points in the continuous disability score derived from ICF to distinguish disabled from no-disabled participants. Then, we fit latent class models to the same data to find the optimal number of disability classes according to: (i) model fit indicators; (ii) estimated probabilities of each disability item; (iii) association of the predicted disability classes with observed health and mortality. According to the binary classification criteria, about 32% of both men and women are classified disabled. No optimal number of classes emerged from the latent class models according to model fit indicators. However, the other two criteria suggest that the best-fitting model of disability severity has four classes. Our findings contribute to the debate on the usefulness and relevance of adopting a finer categorization of disability, by showing that binary indicators of disability averaged the burden of disability and masked the very strong effect experienced by individuals having severe disability, and were not informative for low levels of disability. Copyright © 2017 The Authors. Published by Elsevier Inc. All rights reserved.

Parents' Assessments of Disability in Their Children Using World Health Organization International Classification of Functioning, Disability and Health, Child and Youth Version Joined Body Functions and Activity Codes Related to Everyday Life.

Science.gov (United States)

Illum, Niels Ove; Gradel, Kim Oren

2017-01-01

To help parents assess disability in their own children using World Health Organization (WHO) International Classification of Functioning, Disability and Health, Child and Youth Version (ICF-CY) code qualifier scoring and to assess the validity and reliability of the data sets obtained. Parents of 162 children with spina bifida, spinal muscular atrophy, muscular disorders, cerebral palsy, visual impairment, hearing impairment, mental disability, or disability following brain tumours performed scoring for 26 body functions qualifiers (b codes) and activities and participation qualifiers (d codes). Scoring was repeated after 6 months. Psychometric and Rasch data analysis was undertaken. The initial and repeated data had Cronbach α of 0.96 and 0.97, respectively. Inter-code correlation was 0.54 (range: 0.23-0.91) and 0.76 (range: 0.20-0.92). The corrected code-total correlations were 0.72 (range: 0.49-0.83) and 0.75 (range: 0.50-0.87). When repeated, the ICF-CY code qualifier scoring showed a correlation R of 0.90. Rasch analysis of the selected ICF-CY code data demonstrated a mean measure of 0.00 and 0.00, respectively. Code qualifier infit mean square (MNSQ) had a mean of 1.01 and 1.00. The mean corresponding outfit MNSQ was 1.05 and 1.01. The ICF-CY code τ thresholds and category measures were continuous when assessed and reassessed by parents. Participating children had a mean of 56 codes scores (range: 26-130) before and a mean of 55.9 scores (range: 25-125) after repeat. Corresponding measures were -1.10 (range: -5.31 to 5.25) and -1.11 (range: -5.42 to 5.36), respectively. Based on measures obtained at the 2 occasions, the correlation coefficient R was 0.84. The child code map showed coherence of ICF-CY codes at each level. There was continuity in covering the range across disabilities. And, first and foremost, the distribution of codes reflexed a true continuity in disability with codes for motor functions activated first, then codes for cognitive functions

Factor Structure, Internal Consistency, and Screening Sensitivity of the GARS-2 in a Developmental Disabilities Sample

OpenAIRE

Martin A. Volker; Elissa H. Dua; Christopher Lopata; Marcus L. Thomeer; Jennifer A. Toomey; Audrey M. Smerbeck; Jonathan D. Rodgers; Joshua R. Popkin; Andrew T. Nelson; Gloria K. Lee

2016-01-01

The Gilliam Autism Rating Scale-Second Edition (GARS-2) is a widely used screening instrument that assists in the identification and diagnosis of autism. The purpose of this study was to examine the factor structure, internal consistency, and screening sensitivity of the GARS-2 using ratings from special education teaching staff for a sample of 240 individuals with autism or other significant developmental disabilities. Exploratory factor analysis yielded a correlated three-factor solution si...

Staffs' documentation of participation for adults with profound intellectual disability or profound intellectual and multiple disabilities.

Science.gov (United States)

Talman, Lena; Gustafsson, Christine; Stier, Jonas; Wilder, Jenny

2017-06-21

This study investigated what areas of International Classification of Functioning, Disability and Health were documented in implementation plans for adults with profound intellectual disability or profound intellectual and multiple disabilities with focus on participation. A document analysis of 17 implementation plans was performed and International Classification of Functioning, Disability and Health was used as an analytic tool. One hundred and sixty-three different codes were identified, especially in the components Activities and participation and Environmental factors. Participation was most frequently coded in the chapters Community, social and civic life and Self-care. Overall, the results showed that focus in the implementation plans concerned Self-care and Community, social and civic life. The other life areas in Activities and participation were seldom, or not at all, documented. A deeper focus on participation in the implementation plans and all life areas in the component Activities and participation is needed. It is important that the documentation clearly shows what the adult wants, wishes, and likes in everyday life. It is also important to ensure that the job description for staff contains both life areas and individual preferences so that staff have the possibility to work to fulfill social and individual participation for the target group. Implications for rehabilitation There is a need for functioning working models to increase participation significantly for adults with profound intellectual disability or profound intellectual and multiple disabilities. For these adults, participation is achieved through the assistance of others and support and services carried out must be documented in an implementation plan. The International Classification of Functioning, Disability and Health can be used to support staff and ensure that information about the most important factors in an individual's functioning in their environment is not omitted in

The relevance of the International Classification of Functioning, Disability and Health (ICF) in monitoring and evaluating Community-based Rehabilitation (CBR).

Science.gov (United States)

Madden, Rosamond H; Dune, Tinashe; Lukersmith, Sue; Hartley, Sally; Kuipers, Pim; Gargett, Alexandra; Llewellyn, Gwynnyth

2014-01-01

To examine the relevance of the International Classification of Functioning, Disability and Health (ICF) to CBR monitoring and evaluation by investigating the relationship between the ICF and information in published CBR monitoring and evaluation reports. A three-stage literature search and analysis method was employed. Studies were identified via online database searches for peer-reviewed journal articles, and hand-searching of CBR network resources, NGO websites and specific journals. From each study "information items" were extracted; extraction consistency among authors was established. Finally, the resulting information items were coded to ICF domains and categories, with consensus on coding being achieved. Thirty-six articles relating to monitoring and evaluating CBR were selected for analysis. Approximately one third of the 2495 information items identified in these articles (788 or 32%) related to concepts of functioning, disability and environment, and could be coded to the ICF. These information items were spread across the entire ICF classification with a concentration on Activities and Participation (49% of the 788 information items) and Environmental Factors (42%). The ICF is a relevant and potentially useful framework and classification, providing building blocks for the systematic recording of information pertaining to functioning and disability, for CBR monitoring and evaluation. Implications for Rehabilitation The application of the ICF, as one of the building blocks for CBR monitoring and evaluation, is a constructive step towards an evidence-base on the efficacy and outcomes of CBR programs. The ICF can be used to provide the infrastructure for functioning and disability information to inform service practitioners and enable national and international comparisons.

A comparative review of measurement instruments to inform and evaluate effectiveness of disability inclusive development.

Science.gov (United States)

Goujon, Nicolas; Devine, Alexandra; Baker, Sally M; Sprunt, Beth; Edmonds, Tanya J; Booth, Jennifer K; Keeffe, Jill E

2014-01-01

A review of existing measurement instruments was conducted to examine their suitability to measure disability prevalence and assess quality of life, protection of disability rights and community participation by people with disabilities, specifically within the context of development programs in low and middle-income countries. From a search of PubMed and the grey literature, potentially relevant measurement instruments were identified and examined for their content and psychometric properties, where possible. Criteria for inclusion were: based on the WHO's International Classification of Functioning Disability and Health (ICF), used quantitative methods, suitable for population-based studies of disability inclusive development in English and published after 1990. Characteristics of existing instruments were analysed according to components of the ICF and quality of life domains. Ten instruments were identified and reviewed according to the criteria listed above. Each version of instruments was analysed separately. Only three instruments included a component on quality of life. Domains from the ICF that were addressed by some but not all instruments included the environment, technology and communication. The measurement instruments reviewed covered the range of elements required to measure disability-inclusion within development contexts. However no single measurement instrument has the capacity to measure both disability prevalence and changes in quality of life according to contemporary disability paradigms. The review of measurement instruments supports the need for developing an instrument specifically intended to measure disability inclusive practice within development programs. Implications for Rehabilitation Surveys and tools are needed to plan disability inclusive development. Existing measurement tools to determine prevalence of disability, wellbeing, rights and access to the community were reviewed. No single validated tool exists for population

Disability in the Classroom: Current Trends and Impacts on Music Education

Science.gov (United States)

Abramo, Joseph

2012-01-01

This article covers current trends in disability rights and raises questions about how society's views of disability influence the music education of students in need of special education services. Brief overviews of the disability-rights movement in the United States and of federal laws pertaining to disabilities and education are included. Next,…

Representing and organizing information to describe the lived experience of health from a personal factors perspective in the light of the International Classification of Functioning, Disability and Health (ICF): a discussion paper.

Science.gov (United States)

Geyh, Szilvia; Schwegler, Urban; Peter, Claudio; Müller, Rachel

2018-03-06

To discuss the representation and organization of information describing persons' lived experience of health from a personal factors perspective in the light of the International Classification of Functioning, Disability and Health, using spinal cord injury as a case in point for disability. The scientific literature was reviewed, discussion rounds conducted, and qualitative secondary analyses of data carried out using an iterative inductive-deductive approach. Conceptual considerations are explicated that distinguish the personal factors perspective from other components of the International Classification of Functioning, Disability and Health. A representation structure is developed that organizes health-related concepts describing the internal context of functioning. Concepts are organized as individual facts, subjective experiences, and recurrent patterns of experience and behavior specifying 7 areas and 211 concept groups. The article calls for further scientific debate on the perspective of personal factors in the light of the International Classification of Functioning, Disability and Health. A structure that organizes concepts in relation to a personal factors perspective can enhance the comprehensiveness, transparency and standardization of health information, and contribute to the empowerment of persons with disabilities. Implications for rehabilitation The present study collected data from scientific literature reviews, discussion rounds and qualitative secondary analyses in order to develop a representation and organization of information describing persons' lived experience of health from a personal factors perspective in the light of the International Classification of Functioning, Disability and Health. The following representation structure for health-related information from a personal factors perspective was developed: (i) Individuals facts (i.e., socio-demographical factors, position in the immediate social and physical context, personal history

When All Else Fails: International Adjudication of Human Rights Abuse Claims, 1976-1999

Science.gov (United States)

Cole, Wade M.

2006-01-01

Although interest in the consolidation and expansion of the international human rights regime has grown in recent years, little attention is accorded to the formal procedures that allow individuals aggrieved by states to appeal directly to an international audience. Using data for 82 countries between 1976 and 1999, this article examines the…

Measuring patterns of disability using the International Classification of Functioning, Disability and Health in the post-acute stroke rehabilitation setting.

Science.gov (United States)

Goljar, Nika; Burger, Helena; Vidmar, Gaj; Leonardi, Matilde; Marincek, Crt

2011-06-01

To determine whether the International Classification of Functioning, Disability and Health (ICF) model is adequate for assessing disability patterns in stroke survivors in the sub-acute rehabilitation setting in terms of potential changes in functional profiles over time. Functional profiles of 197 stroke patients were assessed using the ICF Checklist and the Functional Independence Measure (FIMTM) at admission and discharge from rehabilitation hospital. The ICF Checklist was applied based on medical documentation and rehabilitation team meetings. Descriptive analyses were performed to identify changes in ICF categories and qualifiers from admission to discharge, and correlations between different improvement measures were calculated. Mean rehabilitation duration was 60 days; patients' mean age was 60 years, with mean FIM-score 75 at admission. Mean FIM-score improvement at discharge was 12.5. Within Body Functions, changes in at least 10% of patients were found regarding 13 categories; no categories within Body Structures, 24 within Activities and Participation, and 2 within Environmental Factors. Changes were mostly due to improvement in qualifiers, except for within Environmental Factors, where they were due to use of additional categories. Correlations between improvements in Body Functions and Activities and Participation (regarding capacity and performance), as well as between capacity and performance within Activities and Participation, were approximately 0.4. Rating ICF categories with qualifiers enables the detection of changes in functional profiles of stroke patients who underwent an inpatient rehabilitation programme. :

Prevalence of disability in a composite ≥75 year-old population in Spain: A screening survey based on the International Classification of Functioning

Directory of Open Access Journals (Sweden)

Gascon-Bayarri Jordi

2011-03-01

Full Text Available Abstract Background The prevalence and predictors of functional status and disability of elderly people have been studied in several European countries including Spain. However, there has been no population-based study incorporating the International Classification of Functioning, Disability and Health (ICF framework as the basis for assessing disability. The present study reports prevalence rates for mild, moderate, and severe/extreme disability by the domains of activities and participation of the ICF. Methods Nine populations surveyed in previous prevalence studies contributed probabilistic and geographically defined samples in June 2005. The study sample was composed of 503 subjects aged ≥75 years. We implemented a two-phase screening design using the MMSE and the World Health Organization-Disability Assessment Schedule 2nd edition (WHO-DAS II, 12 items as cognitive and disability screening tools, respectively. Participants scoring within the positive range of the disability screening were administered the full WHO-DAS II (36 items; score range: 0-100 assessing the following areas: Understanding and communication, Getting along with people, Life activities, Getting around, Participation in society, and Self-care. Each disability area assessed by WHO-DAS II (36 items was reported according to the ICF severity ranges (No problem, 0-4; Mild disability, 5-24; Moderate disability, 25-49; Severe/Extreme disability, 50-100. Results The age-adjusted disability prevalence figures were: 39.17 ± 2.18%, 15.31 ± 1.61%, and 10.14 ± 1.35% for mild, moderate, and severe/extreme disability, respectively. Severe and extreme disability prevalence in mobility and life activities was three times higher than the average, and highest among women. Sex variations were minimal, although life activities for women of 85 years and over had more severe/extreme disability as compared to men (OR = 5.15 95% CI 3.19-8.32. Conclusions Disability is highly prevalent among

Disability disclosure and workplace accommodations among youth with disabilities.

Science.gov (United States)

Lindsay, Sally; Cagliostro, Elaine; Leck, Joanne; Shen, Winny; Stinson, Jennifer

2018-03-20

Many youths with disabilities find it challenging to disclose their medical condition and request workplace accommodations. Our objective was to explore when and how young people with disabilities disclose their condition and request workplace accommodations. We conducted 17 in-depth interviews (11 females, six males) with youth with disabilities aged 15-34 (mean age 26). We analyzed our data using an interpretive, qualitative, and thematic approach. Our results showed the timing of when youth disclosed their disability to their employer depended on disability type and severity, comfort level, type of job, and industry. Youth's strategies and reasons for disclosure included advocating for their needs, being knowledgeable about workplace rights, and accommodation solutions. Facilitators for disclosure included job preparation, self-confidence, and self-advocacy skills, and having an inclusive work environment. Challenges to disability disclosure included the fear of stigma and discrimination, lack of employer's knowledge about disability and accommodations, negative past experiences of disclosing, and not disclosing on your own terms. Our findings highlight that youth encounter several challenges and barriers to disclosing their condition and requesting workplace accommodations. The timing and process for disclosing is complex and further work is needed to help support youth with disclosing their condition. Implications for rehabilitation Clinicians, educators, and employers should emphasize the importance of mentoring and leadership programs to give youth the confidence and self-advocacy skills needed to disclose and ask for accommodations in the workplace. Clinicians should advocate for the inclusion of youth with disabilities in the workforce and educate employers on the importance of doing so. Youth with disabilities need more opportunities for employment training and particularly how to disclose their disability and request workplace accommodations.

Examining transgender health through the International Classification of Functioning, Disability, and Health's (ICF) Contextual Factors.

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Jacob, Melissa; Cox, Steven R

2017-12-01

For many transgender individuals, medical intervention is necessary to live as their desired gender. However, little is known about Contextual Factors (i.e., Environmental and Personal) that may act as facilitators and barriers in the health of transgender individuals. Therefore, this paper sought to examine Contextual Factors of the World Health Organization's International Classification of Functioning, Disability, and Health that may facilitate or negatively impact the physical, psychological, and social functioning of transgender individuals. A literature review was conducted to identify Environmental and Personal Factors that may influence transgender individuals' physical, psychological, and social functioning. Seven electronic databases were searched. In total, 154 records were reviewed, and 41 articles and other records met inclusion criteria. Three general themes emerged for Environmental Factors: family and social networks, education, and health care. Three general themes also emerged for Personal Factors: socioeconomic status, race, and age. Transgender individuals benefit from gender-affirming services, improved family and social support systems, and competent provider care. Educational training programs, including medical curricula or workshops, might provide the greatest benefit in improving transgender health by increasing the knowledge and cultural competency of health professionals working with this population. Given the diversity of gender expression, differences in lived experiences, and potential for enduring persistent "double discrimination" due to the intersectional relationships between socioeconomic status, race, and/or age, health professionals must approach transgender health using a holistic lens such as the World Health Organization's International Classification of Functioning, Disability, and Health.

Disability reconsidered: the paradox of physical therapy.

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Roush, Susan E; Sharby, Nancy

2011-12-01

The purposes of this perspective article are: (1) to explore models of disability from the perspective of the academic discipline of disability studies (DS), (2) to consider the paradox of improving functional capacities while valuing disability as diversity, (3) to identify how physical therapy's use of the International Classification of Functioning, Disability and Health (ICF) disablement model intersects with various disability models, and (4) to apply this broader understanding of disability to physical therapist practice, education, and research. The DS literature has been critical of rehabilitation professionals, particularly targeting the medical model of disability. In contrast, advocates for a social model of disability recognize disability as diversity. It is paradoxical for physical therapy to simultaneously work to ameliorate disability while celebrating it as diversity. The ICF biopsychosocial disablement model offers a mechanism to practice within this paradox and suggests that it is no longer sufficient to conceptualize disability as a purely individual matter that requires attention in isolation from the impact of the larger society.

Rehabilitation as a Disability Equality Issue: A Conceptual Shift for Disability Studies?

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Tom Shakespeare

2018-03-01

Full Text Available Rehabilitation is a controversial subject in disability studies, often discussed in terms of oppression, normalisation, and unwanted intrusion. While there may be good reasons for positioning rehabilitation in this way, this has also meant that, as a lived experience, it is under-researched and neglected in disabilities literature, as we show by surveying leading disability studies journals. With some notable exceptions, rehabilitation research has remained the preserve of the rehabilitation sciences, and such studies have rarely included the voices of disabled people themselves, as we also demonstrate by surveying a cross-section of rehabilitation science literature. Next, drawing on new research, we argue for reframing access to rehabilitation as a disability equality issue. Through in-depth discussion of two case studies, we demonstrate that rehabilitation can be a tool for inclusion and for supporting an equal life. Indeed, we contend that rehabilitation merits disability researchers’ sustained engagement, precisely to ensure that a ‘right-based rehabilitation’ policy and practice can be developed, which is not oppressive, but reflects the views and experiences of the disabled people who rehabilitation should serve.

A Social Constructionist Approach to Disability: Implications for Special Education

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Anastasiou, Dimitris; Kauffman, James M.

2011-01-01

Proponents of a social model of disability derive their arguments from social constructionism. They combine different disabling conditions under one term: disability. Subsequently, they apply the specific viewpoint of the disability rights social movement of people with physical disabilities to other conditions such as intellectual disabilities,…

Disability among patients with opioid use disorders and its relationship with stigma toward substance use

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Saurabh Kumar

2018-01-01

Full Text Available Background: From a medical model perspective of substance use disorders (SUDs, opioid use disorders are associated with some degree of disability. This study aimed to assess the disability among patients with opioid use disorders (OUDs and its relationship with internalized stigma. Methodology: This cross-sectional study assessed patients with SUDs at a tertiary care center. Disability among patients with OUDs was assessed using Indian Disability Evaluation and Assessment Scale (IDEAS while stigma was measured using Internalized Stigma of Mental Illness Scale (ISMIS. Results: Among 168 patients with OUD, the disability was greatest in the domain of work followed by interpersonal activities. About 48.2% and 3.0% of the participants had moderate and severe disability according to IDEAS. Disability (IDEAS scores had a robust correlation with the stigma (ISMIS scores (r = 0.453, P < 0.01. Multiple regression analysis found that internalized stigma (ISMIS score was an independent predictor of disability among patients with OUDs (β =0.42, P < 0.01. Conclusions: From a medical perspective, OUDs are associated with considerable disability which has significant correlation with internalized stigma. Designing interventions which can target internalized stigma among patients with OUD may help in reducing the disability associated with it.

Towards a Disabled Past: Some Preliminary Thoughts about the History of Disability, Governmentality and Experience

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Verstraete, Pieter

2007-01-01

In this article a humble attempt is made to bridge the gap between the history of education and the philosophy of education with reference to what has been called Disability Studies since the 1980s. After outlining some of the internal tensions within New Disability History concerning "critique", "power" and "history" the suggestion is made to…

Relationships between World Health Organization "International Classification of Functioning, Disability and Health" Constructs and Participation in Adults with Severe Mental Illness

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Sánchez, Jennifer; Rosenthal, David A.; Chan, Fong; Brooks, Jessica; Bezyak, Jill L.

2016-01-01

Purpose: To examine the World Health Organization "International Classification of Functioning, Disability and Health" (ICF) constructs as correlates of community participation of people with severe mental illnesses (SMI). Methods: Quantitative descriptive research design using multiple regression and correlational techniques was used to…

The ADA and IDEA Basics: Inclusion of Children with Disabilities

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Motwani, Mona

2007-01-01

This article discusses the American with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). The ADA is a federal civil rights law that was passed in 1990 with the aim of securing equal rights for persons with disabilities in the employment, housing, government, transportation, and public accommodation contexts. It…

Legal protection of the right to work and employment for persons with mental health problems: a review of legislation across the world.

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Nardodkar, Renuka; Pathare, Soumitra; Ventriglio, Antonio; Castaldelli-Maia, João; Javate, Kenneth R; Torales, Julio; Bhugra, Dinesh

2016-08-01

The right to work and employment is indispensable for social integration of persons with mental health problems. This study examined whether existing laws pose structural barriers in the realization of right to work and employment of persons with mental health problems across the world. It reviewed disability-specific, human rights legislation, and labour laws of all UN Member States in the context of Article 27 of the UN Convention on the Rights of Persons with Disabilities (CRPD). It wes found that laws in 62% of countries explicitly mention mental disability/impairment/illness in the definition of disability. In 64% of countries, laws prohibit discrimination against persons with mental health during recruitment; in one-third of countries laws prohibit discontinuation of employment. More than half (56%) the countries have laws in place which offer access to reasonable accommodation in the workplace. In 59% of countries laws promote employment of persons with mental health problems through different affirmative actions. Nearly 50 years after the adoption of the International Covenant on Economic, Social, and Cultural Rights and 10 years after the adoption of CRPD by the UN General Assembly, legal discrimination against persons with mental health problems continues to exist globally. Countries and policy-makers need to implement legislative measures to ensure non-discrimination of persons with mental health problems during employment.

Bringing political context back into international business studies of human rights

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Kourula, A.; Mäkinen, J.

In this article, we respond to Giuliani, Santangelo, and Wettstein’s (2016) call formore international business (IB) research on the theme of human rights (HR).While we surely agree with the need for increasing research on the topic, we arguethat future research should emphasize and elaborate on the

SOCIAL JUSTICE FOR DISABLED PEOPLE

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Nazire Diker

2013-07-01

Full Text Available This paper aims to question the living conditions of disabled people in the 21st century from  the framework of social justice. The concept of “social justice” has a long history, influenced  by the works of numerous writers including Rawls (1971, Miller (1999, Reeves (2005, Fainstein (2009, Marcuse (2009 and Harvey (1992, 2009 and by the recent debates on  inequality, diversity, segregation, exclusion, and discrimination. The debates on segregation, exclusion and discrimination are generally focused on inequalities in terms of economic,  ethnic and gender dimensions; however, in these debates, there is very little reference to unequal opportunities of disabled people. On the other hand, the diversity issue is generally discussed with respect to ethnic and cultural elements, again with very little concern for the  rights of disabled people. In many developing countries, including Turkey, a legal framework  for addressing disability issues has started to be put in place. Awareness among governments and society of the needs and rights of people with disabilities is growing. In the  last decade in Turkey, the difficulties faced by disabled people have started to be taken into  consideration seriously. Before that, the only information about the disabled population could  be obtained from General Population Census in Turkey. In 2002 “Turkey Disability Survey” was carried out collectively by the State Institute of Statistics and the Presidency of  Administration on Disabled People. In this survey, it has been targeted to estimate the number of disabled people and comprehend their socio-economic characteristics, their  problems in social life, expectations, types and causes of disability, regional differences and also the proportion of population having chronic illnesses. After this survey, many projects  have started to be realized in order to propose strategies for eliminating discrimination in  Turkey. In this paper, we will

Gender equality and human rights approaches to female genital mutilation: a review of international human rights norms and standards.

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Khosla, Rajat; Banerjee, Joya; Chou, Doris; Say, Lale; Fried, Susana T

2017-05-12

Two hundred million girls and women in the world are estimated to have undergone female genital mutilation (FGM), and another 15 million girls are at risk of experiencing it by 2020 in high prevalence countries (UNICEF, 2016. Female genital mutilation/cutting: a global concern. 2016). Despite decades of concerted efforts to eradicate or abandon the practice, and the increased need for clear guidance on the treatment and care of women who have undergone FGM, present efforts have not yet been able to effectively curb the number of women and girls subjected to this practice (UNICEF. Female genital mutilation/cutting: a statistical overview and exploration of the dynamics of change. 2013), nor are they sufficient to respond to health needs of millions of women and girls living with FGM. International efforts to address FGM have thus far focused primarily on preventing the practice, with less attention to treating associated health complications, caring for survivors, and engaging health care providers as key stakeholders. Recognizing this imperative, WHO developed guidelines on management of health complications of FGM. In this paper, based on foundational research for the development of WHO's guidelines, we situate the practice of FGM as a rights violation in the context of international and national policy and efforts, and explore the role of health providers in upholding health-related human rights of women at girls who are survivors, or who are at risk. Findings are based on a literature review of relevant international human rights treaties and UN Treaty Monitoring Bodies.

A Global Oral Health Survey of professional opinion using the International Classification of Functioning, Disability and Health.

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Dougall, Alison; Molina, Gustavo F; Eschevins, Caroline; Faulks, Denise

2015-06-01

The concept of oral health is frequently reduced to the absence of disease, despite existing conceptual models exploring the wider determinants of oral health and quality of life. The International Classification of Functioning, Disability and Health (ICF) (WHO) is designed to qualify functional, social and environmental aspects of health. This survey aimed to reach a consensual description of adult oral health, derived from the ICF using international professional opinion. The Global Oral Health Survey involved a two-round, online survey concerning factors related to oral health including functioning, participation and social environment. Four hundred eighty-six oral health professionals from 74 countries registered online. Professionals were pooled into 18 groups of six WHO world regions and three professional groups. In a randomised stratification process, eight professionals from each pool (n=144) completed the survey. The first round consisted of eight open-ended questions. Open expression replies were analysed for meaningful concepts and linked using established rules to the ICF. In Round 2, items were rated for their relevance to oral health (88% response rate). Eighty-nine ICF items and 30 other factors were considered relevant by at least 80% of participants. International professionals reached consensus on a holistic description of oral health, which could be qualified and quantified using the ICF. These results represent the first step towards developing an ICF Core Set in Oral Health, which would provide a practical tool for reporting outcome measures in clinical practice, for research and epidemiology, and for the improvement of interdisciplinary communication regarding oral health. Professional consensus reached in this survey is the foundation stone for developing an ICF Core Set in Oral Health, allowing the holistic aspects of oral health to be qualified and quantified. This tool is necessary to widen our approach to clinical decision making

In-house (disability

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Safak Pavey

2010-07-01

Full Text Available In May 2007 UNHCR established an internal working group to look at developing in-house policies for people with disabilities both for the benefit of people of concern to us and for staff members.

Prevalence and features of ICF-disability in Spain as captured by the 2008 National Disability Survey

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Maierhofer Sarah

2011-11-01

Full Text Available Abstract Background Since 1986, the study of disability in Spain has been mainly addressed by National Disability Surveys (NDSs. While international attempts to frame NDS designs within the International Classification of Functioning, Disability and Health (ICF have progressed, in general, the ICF has hardly been used in either the NDS or epidemiological studies. This study sought to identify ICF Activity- and Participation-related content in the most recent Spanish NDS, the 2008 Survey on Disabilities, Independence and Dependency Situations (Encuesta sobre discapacidades, autonomía personal y situaciones de Dependencia - EDAD 2008, and estimate the prevalence of such ICF-framed disability. Methods EDAD 2008 methods and questions were perused. Of the 51 EDAD items analysed, 29 were backcoded to specific d2-d7 domains of the ICF Checklist and, by rating the recorded difficulty to perform specific tasks with or without help, these were then taken as performance and capacity respectively. A global ICF score was also derived, albeit lacking data for d1, "Learning and applying knowledge", d8, "Major Life Areas" and d9, "Community, Social and Civic Life". Data were grouped by sex, age, residence and initial positive screening, and prevalence figures were calculated by disability level both for the general population, using the originally designed weights, and for the population that had screened positive to disability. Data for institutionalised persons were processed separately. Results Crude prevalence of ICF severe/complete and moderate disability among the community-dwelling population aged ≥6 years was 0.9%-2.2% respectively, and that of severe/complete disability among persons living in sheltered accommodation was 0.3%. Prevalence of severe/complete disability was: higher in women than in men, 0.8% vs. 0.4%; increased with age; and was particularly high in domains such as "Domestic Life", 3.4%, "Mobility", 1.8%, and "Self-care", 1.9%, in

Prevalence and features of ICF-disability in Spain as captured by the 2008 National Disability Survey

Science.gov (United States)

2011-01-01

Background Since 1986, the study of disability in Spain has been mainly addressed by National Disability Surveys (NDSs). While international attempts to frame NDS designs within the International Classification of Functioning, Disability and Health (ICF) have progressed, in general, the ICF has hardly been used in either the NDS or epidemiological studies. This study sought to identify ICF Activity- and Participation-related content in the most recent Spanish NDS, the 2008 Survey on Disabilities, Independence and Dependency Situations (Encuesta sobre discapacidades, autonomía personal y situaciones de Dependencia - EDAD 2008), and estimate the prevalence of such ICF-framed disability. Methods EDAD 2008 methods and questions were perused. Of the 51 EDAD items analysed, 29 were backcoded to specific d2-d7 domains of the ICF Checklist and, by rating the recorded difficulty to perform specific tasks with or without help, these were then taken as performance and capacity respectively. A global ICF score was also derived, albeit lacking data for d1, "Learning and applying knowledge", d8, "Major Life Areas" and d9, "Community, Social and Civic Life". Data were grouped by sex, age, residence and initial positive screening, and prevalence figures were calculated by disability level both for the general population, using the originally designed weights, and for the population that had screened positive to disability. Data for institutionalised persons were processed separately. Results Crude prevalence of ICF severe/complete and moderate disability among the community-dwelling population aged ≥6 years was 0.9%-2.2% respectively, and that of severe/complete disability among persons living in sheltered accommodation was 0.3%. Prevalence of severe/complete disability was: higher in women than in men, 0.8% vs. 0.4%; increased with age; and was particularly high in domains such as "Domestic Life", 3.4%, "Mobility", 1.8%, and "Self-care", 1.9%, in which prevalence decreased

Psychometric properties of the Oswestry Disability Index.

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Saltychev, Mikhail; Mattie, Ryan; McCormick, Zachary; Bärlund, Esa; Laimi, Katri

2017-09-01

The aim of this study was to investigate the psychometric properties of the Oswestry Disability Index (ODI) in a large cross-sectional cohort of individuals with chronic low back pain by defining its internal consistency, construct structure and validity, and its ability to differentiate between different degrees of functional limitation. A total of 837 consecutive outpatient patients with low back pain were studied. The internal consistency of ODI was assessed by Cronbach's α, construct structure by exploratory factor analysis, construct validity by confirmatory factor analysis, and discrimination was determined by item response theory analysis. The ODI showed good internal consistency (α=0.85). Explanatory factor analysis showed that ODI is a unidimensional test measuring functional level and nothing else. The confirmatory factor analysis showed that the standardized regression weights of all ODI items were relatively high, varying from 0.5 to 0.7. The item response theory analysis suggested that eight out of 10 ODI items have a close to perfect ability to measure functional limitations in accordance with the actual severity of disability experienced by the respondents. Discrimination of all the items was high to perfect (1.08-2.01). The test characteristic and test information curves showed that the discriminative ability of the ODI is superior at higher levels of disability. The present data showed that the ODI is an internally consistent, unidimensional scale with overall excellent construct validity and ability to discriminate the severity of functional disability. The analysis suggests that the ODI may better distinguish between the relative degrees of function at above-average disability levels.

Responding to the World Health Organization Gobal Disability Action Plan in Ukraine: Developing a National Disability, Health and Rehabilitation Plan

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Christoph Gutenbrunner

2017-11-01

Full Text Available In order to support the development of a National Disability, Health and Rehabilitation Plan (NDHRP for Ukraine, a technical consultation was carried out by a Rehabilitation Advisory Team (RAT of the International Society of Physical and Rehabilitation Medicine (ISPRM in 2015. The consultation was based on assessment of the situation of persons with disabilities and the rehabilitation system in Ukraine. Recommendations for activities and projects to improve rehabilitation services within the healthcare system were developed and proposed. In order to reach consensus on the recommendations, dialogues were held with different stakeholders, including the Ministry of Public Health. The recommendations included: coordination of disability and rehabilitation policies within the Ministry of Public Health and among other involved ministries; translation and adaptation of international definitions of functioning, disability, and assessment tools into Ukrainian; data collection on the epidemiology of disability and the need for rehabilitation; implementation of health-related rehabilitation services; and implementation of international definitions and curricula of rehabilitation professions. The mission was regarded as successful and one year later a few changes had been adopted by the Ukrainian government. Further action based on this research is necessary. It will be important to track the changes and evaluate the results after an appropriate period of time.

Cross-cultural adaptation of the Norwegian versions of the Roland-Morris Disability Questionnaire and the Oswestry Disability Index.

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Grotle, M; Brox, J I; Vøllestad, N K

2003-09-01

To evaluate reliability and construct validity of the Norwegian versions of the Roland Morris Disability Questionnaire and the modified Oswestry Disability Index. Translation of two functional status questionnaires and a cross-sectional study of measurement properties. The questionnaires were translated and back-translated following the Guillemin criteria. The Norwegian versions were tested for 55 patients with acute low back pain and 50 patients with chronic low back pain. Test-retest with a 2-day interval was performed in a subsample of 28 patients from the chronic sample. Reliability was assessed by repeatability according to Bland and Altman, intraclass coefficient and coefficient of variation. Internal consistency was assessed by Cronbach's alpha. Concurrent construct validity was assessed with correlations between the questionnaires and the SF-36, Disability Rating Index and pain intensity. Repeatability of the Roland Morris Disability Questionnaire was 4 points, coefficient of variation 15% and intraclass correlation coefficient 0.89, and of the modified Oswestry Disability Index 11, 12% and 0.88, respectively. Internal consistency was 0.94 for both questionnaires. The questionnaires correlated highly with the physical functioning scale of SF-36, moderately with pain, and low with mental scales of the SF-36. The reliability and construct validity of the Norwegian versions of the Roland Morris Disability Questionnaire and the modified Oswestry Disability Index are acceptable for assessing functional status of Norwegian-speaking patients with low back pain.

Agency and Advocacy: Disabled Students in Higher Education in Ghana and Tanzania

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Morley, Louise; Croft, Alison

2011-01-01

Between 10% and 15% of the world's population are thought to be disabled. The 2006 United Nations Convention on the Rights of Persons with Disabilities is an example of emerging global policy architecture for human rights for disabled people. Article 24 states that disabled people should receive the support required to facilitate their effective…

ICF-CY: A Universal Tool for Documentation of Disability

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Simeonsson, Rune J.

2009-01-01

The "International Classification of Functioning, Disability and Health--ICF" (ICF-CY) conceptual framework offers a new paradigm and taxonomy of human functioning disability, which can be used to guide holistic and interdisciplinary approaches to assessment and intervention. In settings serving children, youth, or adults with disabilities, the…

Participation rights and equal status of persons with disabilities in the knowledge society: a review of the Venezuelan public policy

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Maria de los Ángeles Ferrer Mavarez

2014-12-01

Full Text Available We present a realistic approach in order to determine if the current knowledge society provide participation on equal terms for people with disabilities, taking special regard to the regulations of this matter in Venezuela. A documentary research method is used and reference is made to the legal framework related to disability issues in that country. We found that the legal framework, and in particular, the public policies implemented to date in Venezuela for the fulfillment of this right are still inadequate. Despite significant steps taken in this regard there are no solid legal structures that enhance this initiative aiming at the human development of this social group, useful as well for the rest of the nation. Participation could serve as a tool to promote equal opportunities and inclusion of vulnerable groups in the knowledge society but it’s potential is not fully exploited.

“Disabled People Are Sexual Citizens Too”: Supporting Sexual Identity, Well-being, and Safety for Disabled Young People

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Sonali Shah

2017-09-01

Full Text Available Disabled young people are sexual beings, and deserve equal rights and opportunities to have control over, choices about, and access to their sexuality, sexual expression, and fulfilling relationships throughout their lives. This is critical to their overall physical, emotional, and social health and well-being. However, societal misconceptions of disabled bodies being non-normative, other, or deviant has somewhat shaped how the sexuality of disabled people has been constructed as problematic under the public gaze. The pervasive belief that disabled people are asexual creates barriers to sexual citizenship for disabled young people, thereby causing them to have lower levels of sexual knowledge and inadequate sex education compared to their non-disabled peers. As a consequence, they are more vulnerable to “bad sex”—relationships, which are considered to be exploitative and disempowering in different ways. Access to good sex and relationships education for disabled young people is, therefore, not only important for them to learn about sexual rights, sexual identity, and sexual expression but also about how to ensure their sexual safety. In so doing, it will contribute to the empowerment and societal recognition of disabled people as sexual beings, and also help them resist and report sexual violence. Therefore, it is critical that parents, educationalists, and health and social care professionals are aware and appropriately equipped with knowledge and resources to formally educate disabled young people about sexuality and well-being on par to their non-disabled peers.

Disability and the Moral Point of View.

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Hyland, Terry

1987-01-01

Discussions of disability should be within a clearly-defined moral framework if the disabled person's rights are to be translated into society's duty to the disabled. An ethical system based on modern versions of utilitarianism is suggested as a moral framework, supplemented by prescriptions based on social justice and respect. (Author/CB)

The nature of human rights

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Krivokapić Boris

2016-01-01

Full Text Available In the first part of the paper, the author points out that, unlike in the past, in our time human rights developed into a fair legal institution, and even a special system. They are formulated and protected both internally and internationally. The second part deals with the approach according to which human rights are part of the so-called. natural law. The author notes that the theory of natural law can not be accepted for many reasons. It is pure construction, which is far from reality, and besides it is unnecessary. Law and thus human rights as a part of it, is a social creation, developing along with the society itself, whereby, in the longer term, advanced norms in the matter of human rights replace obsolete ones. Life and human needs are the ones who impose such development. In the third part the writer notes that since under human rights one can have in mind various things, at least such a special concept and, on the other hand, specific rights, it is not possible to give a single answer to what is the nature of human rights. It is even harder as human rights, have a variety of dimensions - legal, philosophical, ideological, political, economic, social, educational, etc. However, he gives his view of the main characteristics of the modern concept of human rights. In the fourth part, the author notes that, speaking not about the concept, but human rights as such, their main characteristics are that they are: 1 source - belong to anyone on the grounds that he is a human being (general rights or a member specific vulnerable groups (special rights; 2 universal - belong to everyone or all members of vulnerable groups, without any discrimination based on personal characteristics, and on the other hand, the most important such rights shall be recognized in all states; 3 inalienable - one can not give up or else share his basic human rights, such as the right to life, the right to vote, etc.; 4 somewhat different - although, in principle, all

Labor rights as legal constitutional category – Kosovo in relation to international labor organization

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Muhamet Vokrri

2015-11-01

Full Text Available The purpose of this study paper is the analyzing of the processes that followed the labor relations, its historical development respectively, since its first concrete efforts from the representatives of the workers (unions till the establishment of the International Labor Organization (1919. As it is known the labor law presents one of the fundamental rights of the human being, thus such rights (right to work, freedom of work are constitutional category and protected in whole legal systems of the present time. The efforts to install such positive spirit were not easy. Genuinely is known that bearers of progressive developments in this field (end of XIX century were organized groups of workers (unions, then initiatives from various statesmen and later to be materialized from the governments of present time followed by the addressing and protecting of these rights in international aspect. Practice has proved that creation, purpose and activity of International Labor Organization has provided its benefits in achieving the primary principles of work, such rights proclaimed by the majority of world states and embedded in their highest legal act (Constitution of the organization in question (ILO. We consider that bearers of government politics of Kosovo, responsible sectors of this field respectively, shall regard these rules set and implemented by this international body and at the same time make maximal efforts towards advancing the current legislation in this field as well as to utilize all necessary resources in order to achieve the vital goal which is the adherence in ILO. This would certainly have an impact on minimizing the occurrence of eventual discontent from the organized groups (Unions as well as other classes and naturally the progress and positive effects in this field would be visible and useful for the society.

THE RIGHT TO FORM AND TO JOIN TRADE UNIONS AS DEFINED IN INTERNATIONAL LEGAL INSTRUMENTS

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Andon Majhoshev

2017-07-01

Full Text Available The right of workers to form and to join trade unions is one of the most important international labour standards. This means that employees, no matter where they are employed (public or private sector, have the right to form their own organizations (unions. Apart from the employees, employers also have the right to form and join in employers’ associations. The right of employees and employers to organize is based on the following principles: voluntariness, autonomy and democracy. The general objective of the formation of unions and employers’ associations is to protect the rights and interests of members of the union and the employers’ association, as well as their promotion in an organized manner. The provision and guarantee of union and workers' rights are guaranteed by a number of international and regional legal instruments (conventions, recommendations, regulations, such as ILO, UN, Council of Europe and the European Union, which will be analysed further in this paper. The main objective arising from these documents is to improve the position of workers and their protection. Within the paper, we will also analyse the most important legal acts of the Republic of Macedonia concerning the right to join unions. By analysing the content of the national labour legislation, we will determine the extent to which the international labour law is being implemented. Moreover, the paper will analyse the basic principles underlying union organization and association.

THE INFLUENCE OF THE INTERNATIONAL RIGHT IN THE MILITARY JUSTICE REFORM IN LATIN AMERICA

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DANIEL SOTO MUÑOZ

2017-01-01

This article describes that the military right comes from the constitutional regulation of the use of force. This regulation imposes a particular duty of obedience to the military, that is guarded at the same time, by the military disciplinary right and the military penal code. It informs that although military justice is not forbidden by the international right of the Human Rights, is considered as a regulation of restricted application. Also details, the valid requisites presented by the in...

THE TOURISM BARRIERS OF THE DISABLED

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Nagy Andreea

2011-07-01

Full Text Available This article seeks to address a very sensitive issue in Romania, the disabled tourism. The natural question is whether tourism can respond and meet the needs of such people. Internationally, the researches in detail about tourism for people with disabilities are limited in this direction, and those who exist are focused more on lack of physical access to certain services in the hotel units.-As for the problems (barriers that a person with disabilities may face when seeking to participate in the act of travel there were found numerous internal and external barriers in trying to participate in tourism activities-The study seeks to identify how normal people behave towards people with disabilities and aims to demonstrate the existence of correlations between the responses of the interviewees, which would lead to the presentation as close to the truth as possible of the results from the sample (section, transposed over the population from which the sample belongs and also lead to finding conclusions on which there could be made several proposals.

Development and validation of an ICD-10-based disability predictive index for patients admitted to hospitals with trauma.

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Wada, Tomoki; Yasunaga, Hideo; Yamana, Hayato; Matsui, Hiroki; Fushimi, Kiyohide; Morimura, Naoto

2018-03-01

There was no established disability predictive measurement for patients with trauma that could be used in administrative claims databases. The aim of the present study was to develop and validate a diagnosis-based disability predictive index for severe physical disability at discharge using the International Classification of Diseases, 10th revision (ICD-10) coding. This retrospective observational study used the Diagnosis Procedure Combination database in Japan. Patients who were admitted to hospitals with trauma and discharged alive from 01 April 2010 to 31 March 2015 were included. Pediatric patients under 15 years old were excluded. Data for patients admitted to hospitals from 01 April 2010 to 31 March 2013 was used for development of a disability predictive index (derivation cohort), while data for patients admitted to hospitals from 01 April 2013 to 31 March 2015 was used for the internal validation (validation cohort). The outcome of interest was severe physical disability defined as the Barthel Index score of predictive index for each patient was defined as the sum of the scores. The predictive performance of the index was validated using the receiver operating characteristic curve analysis in the validation cohort. The derivation cohort included 1,475,158 patients, while the validation cohort included 939,659 patients. Of the 939,659 patients, 235,382 (25.0%) were discharged with severe physical disability. The c-statistics of the disability predictive index was 0.795 (95% confidence interval [CI] 0.794-0.795), while that of a model using the disability predictive index and patient baseline characteristics was 0.856 (95% CI 0.855-0.857). Severe physical disability at discharge may be well predicted with patient age, sex, CCI score, and the diagnosis-based disability predictive index in patients admitted to hospitals with trauma. Copyright © 2018 Elsevier Ltd. All rights reserved.

Curricular Choices of Ultra-Orthodox Jewish Communities: Translating International Human Rights Law into Education Policy

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Perry-Hazan, Lotem

2015-01-01

This paper employs the provisions of international human rights law in order to analyse whether and how liberal states should regulate Haredi educational practices, which sanctify the exclusive focus on religious studies in schools for boys. It conceptualises the conflict between the right to acceptable education and the right to adaptable…

Access to health care as a human right in international policy: critical reflections and contemporary challenges.

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Castillo, Camilo Hernán Manchola; Garrafa, Volnei; Cunha, Thiago; Hellmann, Fernando

2017-07-01

Using the United Nations (UN) and its subordinate body, the World Health Organization (WHO), as a frame of reference, this article explores access to healthcare as a human right in international intergovernmental policies. First, we look at how the theme of health is treated within the UN, focusing on the concept of global health. We then discuss the concept of global health from a human rights perspective and go on to outline the debate surrounding universal coverage versus universal access as a human right, addressing some important ethical questions. Thereafter, we discuss universal coverage versus universal access using the critical and constructivist theories of international relations as a frame of reference. Finally, it is concluded that, faced with the persistence of huge global health inequalities, the WHO began to reshape itself, leaving behind the notion of health as a human right and imposing the challenge of reducing the wide gap that separates international intergovernmental laws from reality.

Understanding suicide and disability through three major disabling conditions: Intellectual disability, spinal cord injury, and multiple sclerosis.

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Giannini, Margaret J; Bergmark, Brian; Kreshover, Samantha; Elias, Eileen; Plummer, Caitlin; O'Keefe, Eileen

2010-04-01

practices in preventing suicide. Working toward these objectives will reduce the unacceptable burden of this preventable cause of death and help children and adults with disabilities to lead happier, healthier, and longer lives. Copyright © 2010 Elsevier Inc. All rights reserved.

Reflections between CSR and international human rights in EU initiatives for a competitive inclusive society

DEFF Research Database (Denmark)

Buhmann, Karin

: The paper aims to contribute to our understanding of whether a shift is taking place in societal attitudes towards a perception that corporations have duties based on international law. This is assessed on the basis of EU initiatives on inclusiveness and responsible competitiveness, particularly...... the EU Multistakeholder Forum and the Lisbon Strategy, with a particular focus on goals or views related to the human rights of non-discrimination and rights to work, education and vocational training, and network governance in (soft) law creation. It is found that despite obvious links, international...... law does not serve as a clear source of inclusiveness or responsible competitiveness. It is also found that the initiatives assessed do not indicate a shift at EU institutional level towards a perception that business holds duties under international law. International law seems at the most to be seen...

Maximizing the use of Special Olympics International's Healthy Athletes database: A call to action.

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Lloyd, Meghann; Foley, John T; Temple, Viviene A

2018-02-01

There is a critical need for high-quality population-level data related to the health of individuals with intellectual disabilities. For more than 15 years Special Olympics International has been conducting free Healthy Athletes screenings at local, national and international events. The Healthy Athletes database is the largest known international database specifically on the health of people with intellectual disabilities; however, it is relatively under-utilized by the research community. A consensus meeting with two dozen North American researchers, stakeholders, clinicians and policymakers took place in Toronto, Canada. The purpose of the meeting was to: 1) establish the perceived utility of the database, and 2) to identify and prioritize 3-5 specific priorities related to using the Healthy Athletes database to promote the health of individuals with intellectual disabilities. There was unanimous agreement from the meeting participants that this database represents an immense opportunity both from the data already collected, and data that will be collected in the future. The 3 top priorities for the database were deemed to be: 1) establish the representativeness of data collected on Special Olympics athletes compared to the general population with intellectual disabilities, 2) create a scientific advisory group for Special Olympics International, and 3) use the data to improve Special Olympics programs around the world. The Special Olympics Healthy Athletes database includes data not found in any other source and should be used, in partnership with Special Olympics International, by researchers to significantly increase our knowledge and understanding of the health of individuals with intellectual disabilities. Copyright © 2017 The Authors. Published by Elsevier Ltd.. All rights reserved.

CONSIDERATIONS APPLICABLE INTERNATIONAL ACCOUNTING REGULATIONS OF WAGES AND RELATED RIGHTS

OpenAIRE

NASTASIE MIHAELA – ANDREEA; AVRAM MARIOARA

2014-01-01

General research area of this article is the issue of employee benefits nationwide and can be placed in the sphere of accounting research at the intersection of the finance research and field research on human resource management. The current conditions of global economic crisis, rewarding staff works on two levels, influencing both the behavior of employees and the efficiency of the economic entity. Wages and related rights are regulated under International Accounting Sta...

Combat sports for persons with disabilities

Directory of Open Access Journals (Sweden)

Kasum Goran

2011-01-01

Full Text Available In literature, the term adapted sport indicates sports activities, modified and adapted to persons with disabilities. In spite of their highly prominent values, combat sports are underrepresented among persons with disabilities in Serbia. The benefits of combat sports practicing are numerous, and at some international hospitals, martial sports and arts already have an important role in the treatment of traumatized and disabled persons. Currently, the programme of Paralympic Games includes only two sports, these are fencing and judo, in male and female competition. Almost certainly, karate will also be included in the programme of Paralympic Games, and there are similar ambitions in the case of taekwondo as well. In addition to these sports, some martial arts, especially aikido, thai-chi-chuan and qigong, have obtained significant representation and interest among persons with disabilities. The reasons for weaker interest in other martial sports and arts, should be sought in the fact that they are underrepresented among this population, and that these persons are not offered the possibility of organized practice of such sports. Orientation towards a combat sport brings great refreshment and powerful emotional experience to each practitioner, and this fact has special significance to persons with disabilities. In Serbia, combat sports are not widely represented among persons with disabilities, and only the wrestlers with impaired hearing have achieved significant success on the international stage. On the other hand, the popularity of combat sports among persons with disabilities in the world is significantly growing. It is necessary to take concrete steps to make it so in Serbia as well.

Long-term work disability and absenteeism in anxiety and depressive disorders.

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