Based on interviews with a variety of participants, Vikram Patel and colleagues advocate for philosophical and practical progress toward recognizing decision-making capacity in people with ...psychosocial disabilities.
The universally dire threat of climate change disproportionately affects marginalized populations, including the over one billion persons with disabilities worldwide. States that disregard the Paris ...Agreement, or exclude disabled persons from climate change mitigation and adaptation efforts, are violating agreed-upon human rights obligations. Notably, the rights contained in the UN Convention on the Rights of Persons with Disabilities, are threatened by climate change. To date, however, disability has largely been excluded from international climate change negotiations as well as national-level discharge of climate-related measures. By contrast, a disability human rights approach views disabled persons as disproportionately experiencing environmental threats and unnatural disasters due to their exclusion from state laws, policies, and services available to their non-disabled peers. Additionally, a disability human rights approach mandates the removal of exclusionary barriers and the implementation of positive measures to ensure the equitable treatment of individuals with disabilities. Achieving disability-inclusive climate justice requires "participatory justice"-empowering persons with disabilities to ascertain climate mitigation and adaptation approaches that are efficacious for, successfully implementable by, and accountable to disabled people. Disability-inclusive climate justice solutions are in synergy with universal climate justice goals and benefit entire societies, not "only" those with disabilities.
Persons with disabilities have historically been subjected to egregious human rights violations. Yet despite well-documented and widespread harms, one billion persons with disabilities remain largely ...neglected by the international laws, legal processes, and institutions that seek to redress those violations, including crimes against humanity (CAH). This Article argues for the propriety of prosecuting egregious and systemic human rights violations against persons with disabilities as a CAH, and, in addition, asserts the necessity of ensuring the accessibility of international criminal processes to those individuals. The UN Security Council's recent acknowledgement of the enhanced risk that persons with disabilities experience during armed conflict, the growing evidence of widespread human rights violations against them, and an ongoing effort to forge a UN convention on the prevention and punishment of CAH make these arguments especially timely.
Despite significant progress in business and human rights (BHR) discourse and the practices of multinational corporations (MNCs), persons with disabilities and disability rights are absent from both ...the key instruments and practice of BHR. This lacuna exists despite the near-universal ratification of the United Nations (UN) Convention on the Rights of Persons with Disabilities, as well as the fact that disabled persons constitute over 15 per cent of the global population and MNC operations impact them greatly and disproportionately. We argue that MNCs have a central role, responsibility and opportunity to foment change globally in fulfilling the human rights of persons with disabilities through their employment practices and by leveraging their economic power to fulfil other aspects of disability-based human rights. Doing so requires the development and self-enforcement of disability-specific human rights due diligence (HRDD) processes, and creating a general culture of diversity, equity and inclusion that encompasses disability.
Disability Human Rights Stein, Michael Ashley
California law review,
02/2007, Letnik:
95, Številka:
1
Journal Article
Recenzirano
Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. ...This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying that which does not. This Article maintains that Nussbaum's capabilities approach provides an especially fertile space within which to understand the content of human rights. However, because her scheme excludes some intellectually disabled individuals and conditions the inclusion of others, it falls short of a comprehensive framework. Amending Nussbaum's capabilities approach to develop the talents of all individuals results in a disability human rights paradigm that recognizes the dignity and worth of every person. This Article also argues that a disability rights paradigm is capable of fortifying human rights in two ways: first, it can reinforce protections afforded to groups already protected, such as women; and second, it can extend protections to people currently not protected, such as sexual minorities and the poor. Ultimately, the disability rights paradigm indicates that human rights protection can progress from a group to an individual basis. Repositioning disability as an inclusive concept embraces disability as a universal human variation rather than an aberration.
Disability, Human Rights, and Information Technologyaddresses the global issue of equal access to information and communications technology (ICT) by persons with disabilities. The right to access the ...same digital content at the same time and at the same cost as people without disabilities is implicit in several human rights instruments and is featured prominently in Articles 9 and 21 of the Convention on the Rights of Persons with Disabilities. The right to access ICT, moreover, invokes complementary civil and human rights issues: freedom of expression; freedom to information; political participation; civic engagement; inclusive education; the right to access the highest level of scientific and technological information; and participation in social and cultural opportunities.
Despite the ready availability and minimal cost of technology to enable people with disabilities to access ICT on an equal footing as consumers without disabilities, prevailing practice around the globe continues to result in their exclusion. Questions and complexities may also arise where technologies advance ahead of existing laws and policies, where legal norms are established but not yet implemented, or where legal rights are defined but clear technical implementations are not yet established.
At the intersection of human-computer interaction, disability rights, civil rights, human rights, international development, and public policy, the volume's contributors examine crucial yet underexplored areas, including technology access for people with cognitive impairments, public financing of information technology, accessibility and e-learning, and human rights and social inclusion.
Contributors:John Bertot, Peter Blanck, Judy Brewer, Joyram Chakraborty, Tim Elder, Jim Fruchterman, G. Anthony Giannoumis, Paul Jaeger, Sanjay Jain, Deborah Kaplan, Raja Kushalnagar, Jonathan Lazar, Fredric I. Lederer, Janet E. Lord, Ravi Malhotra, Jorge Manhique, Mirriam Nthenge, Joyojeet Pal, Megan A. Rusciano, David Sloan, Michael Ashley Stein, Brian Wentz, Marco Winckler, Mary J. Ziegler.
Persons with disabilities have historically been discriminated against by society, including fulfillment of the right to equal access to health care. The more egregious practices, historically as ...well as today, include outright denials of access to health care, involuntary sterilization, forced institutionalization, coerced treatment, and substituted decision-making. Discrimination also occurs by more insidious practices. For instance, the public health construct of DALYS (disability adjusted life years) "neutrally" devalues the lives of persons with disabilities relative to the lives of those without disabilities. Along the same lines, commonly accepted norms and practices lessen the priority of persons with disabilities for essential procedures, such as organ transplants. Moreover, clinical bias disproportionately affects some disabled people, particularly those who occupy racialized, gendered, and sexually marginalized intersections. Finally, many otherwise laudable programs, such as United Nations HIV/AIDS programming, neglected for decades to include persons with disabilities. This essay considers types of clinical bias against patients with disabilities in the context of the COVID-19 pandemic, how such stigma impairs their equal access to health care, and how the application of international human rights norms would mitigate such impacts.
The current study examines the perspectives of Arabs with disabilities living in Israel coping with various barriers as ethnic and political minority group members who also have disabilities. Our ...qualitative study utilized a grounded theory approach. Thematic analysis of in-depth interviews was conducted among 15 Arabs with physical, visual impairment, and mental disabilities. Three major themes were derived from the participants' responses: microsystem, exosystem, and macrosystem, with each in turn having several sub-themes. A unique model was developed to integrate intersectional and ecological theories. Applying this integrative model, a reverse ratio was found between the two identity statuses of minority and disability. Moving toward the outer levels of an ecological model (macrosystem), the influence of 'minority identity' strengthened, and that of 'disability identity' weakened. The findings conclude that greater political commitment is required by Israel to develop laws and policies that can reduce social opportunity disparities for individuals with minority and disability identity statuses. Keywords: Arabs in Israel, ecological theory, intersectional theory, marginalization, persons with disabilities, barriers, COVID-19
Academics rarely raise the need to consider persons with disabilities when preventing, investigating and prosecuting international humanitarian law (IHL) violations. Worse still, no actual attempts ...have been made to include a disability perspective into practical guidance and monitoring mechanisms. This article addresses that void by laying out how existing yet unutilized IHL obligations can be leveraged to repress and suppress disability-based IHL violations. In doing so, the article will detail how fact-finding approaches, criminal investigative processes and reporting methods for IHL violations can be inclusive of persons with disabilities and thus more appropriately address the endemic under-representation of a disability perspective in the planning and execution of military operations during armed conflict and the specific crimes they thereby suffer. Additionally, this article will articulate concrete changes that should be made to international criminal law procedures for prosecuting war crimes to provide recognition and accountability for disability-based IHL violations, as has been done for violations against women and children. Finally, this article will diagnose the state of the law to address any legal challenges or hurdles that may hamper the inclusion of a disability perspective in fulfilling the IHL obligation to reduce and address violations of humanitarian law.
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