From multiple barriers to a co-prosperity society: the development of a legal system for disabled people in China

Abstract

The legal system for disabled people has progressed significantly since China’s government signed the United Nations Convention on the Rights of Persons with Disabilities 10 years ago. The newly released ‘New Progress in the Legal Protection of Human Rights in China’ has attracted widespread attention because it advocates that the protection of human rights for disabled people should be reflected not only in legislative and judicial aspects but also in administrative sectors and international affairs. This article explains that the legal system involving dozens of laws and decrees in China aims to break through multiple barriers experienced by disabled persons and is beneficial to building a co-prosperity society in China. With the vigorous development of the international disability rights movement, ways to seize domestic and international opportunities to build a disabled-friendly social atmosphere deserve additional research.     

Setting norms in the United Nations system: the draft convention on the protection of the rights of all migrant workers and their families in relation to ILO in standards on migrant workers

The author reviews the U.N.'s draft proposal concerning the rights of migrant workers and their families. "This article examines the nature and scope of obligations under the United Nations Convention and contrasts them with existing international standards. In the light of the elaboration of the U.N. Convention, the conditions of future normative activities to limit negative consequences of a proliferation of instruments and supervisory mechanisms are outlined." Consideration is given to human and trade union rights, employment, social security, living and working conditions, workers' families, expulsion, and conditions of international migration. (SUMMARY IN FRE AND SPA)     

Intercountry Adoption

Abstract

In recent years, the practice of intercountry adoption is increasingly being debated within the context of human rights. Intercountry adoption raises many ethical and legal issues which are addressed in two international treaties: the Convention on the Rights of the Child, adopted by the United Nations General Assembly in 1989, and the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, adopted by the Hague Conference on Private International Law in 1993. This paper compares the international standards provided by these instruments and the way they are being interpreted by the Committee on the Rights of the Child, the official monitoring body of the Convention on the Rights of the Child. It also discusses some of the measures undertaken by a number of countries in different regions of the world.     

‘I nearly lost my work’: chance encounters,legal empowerment and the struggle for disability rights in Ghana

This article uses a case study from Ghana to argue that rights-based legal instruments are important but insufficient steps towards securing disability rights in non-western societies. Despite Ghana’s implementation of a Disability Act and ratification of the United Nations Convention on the Rights of Persons with Disabilities, a grassroots perspective shows that legislation and the model of legal empowerment will not automatically produce equal access to human rights. The paper will present this argument through a case study of an individual who became disabled in 2008 and struggled for four years to secure his rights to healthcare and employment. I also argue that the case has a wider significance for disability rights in Ghana and beyond.     

Communication rights and disability online: Policy and technology after the World Summit on the Information Society

This paper reviews and analyses the topic of disability, communication rights, digital technology, and policy. In particular, it focusses on the new ways that the human right to communicate has been articulated via international law and policy – especially at the World Summit on the Information Society (WSIS 2003–2005 and WSIS +10 in 2015) as well as the United Nations Convention on the Rights of Persons with Disabilities.     

Companion piece: Convention on the Rights of the Child special protection measures: overview of implications and value for children in the United States

The United Nations Convention on the Rights of the Child (CRC) is an international treaty that commits ratifying states parties to uphold the rights of all children under the age of 18. This article discusses the issues of highest relevance to the United States and reviews the pros and cons of ratifying, from the perspective of the convention's intent and potential, sovereignty of states, and national public policies, and regarding the special protection recommended for particularly vulnerable children. Specific implementation issues discussed include training, accountability, and monitoring.     

Internationalizing Anti-Racism Efforts

Abstract

Racial discrimination continues to haunt our societies, calling for sustained and new solutions. In 1994, the US government signed the International Convention on the Elimination of All Forms of Racial Discrimination. Three years later, it ratified this international agreement. This article reviews the effectiveness of this United Nations Convention and discusses its main provisions: national reporting and the individual communications procedure. It finds that the treaty contains comprehensive and legally effective provisions to combat racial discrimination and argues that social workers, along with other professionals, should engage with the international legal regime to assist their clientele to combat racial discrimination. Social workers have a number of roles: advocate, educator, service provider and broker. Their involvement in such an international legal regime would have an added significance; it has the potential to expand the domain of international social work as well as overcome the limits of domestic action against racial discrimination.     

The United Nations Convention on the Rights of the Child: Its Relevance for Adolescents

The United Nations Convention on the Rights of the Child (CRC, United Nations General Assembly, 1989) is a transformative document which has already improved the lives of millions of young people worldwide. Ratified into law by the majority of the countries of the world, it is the first human rights treaty focusing specifically on the rights of individuals under 18 years of age. The rights described in the treaty, however, are often seen as more important for younger children than for adolescents. This policy statement reviews the germane research on the period of adolescence and affirms that the protections and entitlements in the CRC are as important for adolescents as for younger children. Recommendations for policy and research are included.     

Children's rights in schools: what do teachers know?

The human rights of children are fundamental international human rights that protect all children against abuse by adults and caregivers as enshrined in the United Nations Convention on the Rights of the Child. This study examines teachers' and teacher trainees' knowledge of children's rights as enshrined in the United Nations Convention on the Rights of the Child (United Nations General Assembly, 1989), the Public Service (Disciplinary) Regulations (Statutory Instrument 65 of the Constitution of Zimbabwe, 1992) and the Secretary of Education and Culture Circular P35 of 3 May 1993 on the administration of corporal punishment by teachers in Zimbabwean primary schools. Data were collected using the Teacher and the Teacher Trainees Questionnaires on 300 primary school teachers and 150 teacher trainees, respectively, in Masvingo Province. Teacher trainees used in this study were attached to experienced primary school teachers during their teaching practice. The study found that the majority of teachers (76.3%) were exposed to the Public Service (Disciplinary) Regulations during their teacher education training. On the other hand, the majority of teacher trainees (60.0%) were not exposed to these Regulations during their training. The Public Service (Disciplinary) Regulations are used to charge teachers who violate children's rights within the school. The majority of teachers (59.3%) feel they are useful, while the majority of teacher trainees (60.0%) feel they are outdated and need to be changed. On the other hand, the majority of teacher trainees (55.3%) indicated that they were exposed to the United Nations Convention on the Rights of the Child or the African Charter on the Rights and Welfare of the Child (OAU Doc. CAB/LEG/24.9/49, 1990), while the majority of teachers (56.7%) were not exposed to either of these during their teacher education training. The study also found that the majority of teacher trainees (63.3%) were not exposed to the Secretary of Education and Culture Circular P35 on corporal punishment by teachers within schools during their teaching practice. It is clear from the ?ndings that the teacher education curriculum needs to be revised to take account of current trends and contemporary issues in education in the new millennium. Therefore, there is a need for the Ministry of Education, Sport and Culture to conduct in‐service programmes for teachers who are not familiar with local and international laws concerning the protection of children against child abuse within the school. Copyright © 2003 John Wiley & Sons, Ltd.     

The Self-determination of Indigenous Peoples and the Limits of United Nations Advocacy in Guerrero,Mexico (1998-2000)

This essay examines the visit to Mexico in February 2000 by Erica-Irene Daes, then chairperson of the United Nations Working Group on Indigenous Populations. I use the occasion of this visit to analyze the relationship between a regional indigenous organization in the state of Guerrero, the Mexican national state, and the United Nations within the larger context of the development of international law. I argue that the persistence today of a centuries-old bias in international law that privileges the "nation-state" and a related individualistic bias in the conception of human rights make UN support for indigenous self-determination highly equivocal. I begin with an examination of the Consejo Guerrerense and how its experience helps to illustrate the issues confronted by the indigenous rights movement in Mexico today. Then I provide background to place this movement and the United Nations in the context of the development of international and human rights law. The discourse of international human rights and the ways in which these rights are defined and advocated by the UN has serious limitations for Indians in Mexico. This is a cautionary tale about the real possibilities for social change in our global world.     

The future of children's rights

The United Nations Convention on the Rights of the Child was a great achievement. The rights strategy must continue to be pursued. The Convention itself is an imperfect instrument and a new Convention or Protocols needs to address many children whose rights are currently neglected, including disabled children, gay children, girl children and street children. Rights themselves need rethinking, and so does the reporting and implementation process. Copyright © 2000 John Wiley & Sons, Ltd.     

Protecting the rights of the child in romania: Childrens rights perspectives on romanias 1997 child care reforms

This article analyses the reforms to Romanias child care legislation introduced in 1997. It uses two perspectives on childrens rights to link the changes to the United Nations Convention on the Rights of the Child. The first perspective reviews the new legislation in terms of childrens rights to provision, protection, and participation, paying particular regard to the wider economic and social policy context of the reforms; the second looks at the new laws in terms of the implications of childrens rights for the family, the community, the state, and the international community. Throughout the discussion, attention is drawn to changes in social work management and practice which will be required to make a reality of the new legislation. The article then considers the way in which the discourse of childrens rights has been used to justify changes to the law on inter-country adoption. It is argued that the new legislation has actually secured the place of inter-country adoption in Romania whilst professing to give priority to domestic alternatives, and that reference to childrens rights has been used to justify and disguise this outcome. The discussion thereby highlights the vulnerability of the childrens rights discourse to the demands of international politics.     

Needs, rights, and the human family: the practicality of the Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child (CRC) is an important document that has both policy and practice implications. Its practicality as a working document hinges on its implementation. This article proposes that the CRC be viewed from a child rights perspective that has five building blocks. These building blocks relate to specific articles in the CRC. They also each allow for the CRC to be realistically interpreted and to be actively promoted.     

Access to education in Africa: responding to the United Nations Convention on the Rights of Persons with Disabilities

Article 24 of the United Nations Convention on the Rights of Persons with Disabilities mandates that disabled people should have full rights to education in inclusive settings. However, to ensure that educational polices and settings are designed to meet this criterion seems challenging to African countries that have ratified this Convention. This article arises from the 2nd African Network of Evidence-to-Action on Disability Symposium. This fluid network was established to address the gap between research and practice in the region. The article reports proceedings and the emerging themes from the Education, Training and Work Commission; one of the six commissions of this Symposium, focusing specifically on the education aspect. It also challenges various stakeholders to move from evidence to action to ensure the educational rights of disabled people in inclusive settings.     

Protection of Migrants' Human Rights: Principles and Practice

In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants. In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20. In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories. Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti‐immigrant factions are influential. Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration‐related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour.     

Embracing the new disability rights paradigm: the importance of the Convention on the Rights of Persons with Disabilities

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 to how this convention can be used to drive change. Prior to this convention, persons with disabilities were protected by a range of general human rights conventions. Despite receiving nominal protection under general human rights conventions, persons with disabilities have had many of their human rights denied to them. The CRPD goes further than merely re-stating rights. It creates a new rights discourse, empowers civil society and renders human rights more obtainable for person with disabilities than any time in history.     

Representing children's views and best interests in court: an international comparison

This paper provides a comparison of a number of alternative models of international practice in relation to the appointment and organization of guardians ad litem and other children's representatives in child care and family proceedings. The paper notes that, in their attempts to address the need for children to have representation in matters affecting their welfare, English‐speaking countries have tended to conflate the two salient Articles of the United Nations Convention on the Rights of the Child, that is, Article 3, which deals with the child's best interests, and Article 12, which deals with their right to express their wishes and feelings. Where systems other than ‘stand alone’ legal representation have been put in place, the child's representative is charged with both assessing their best interests and, often as a secondary duty, communicating their views. The paper concludes that for some groups of children in public or private law proceedings, an advocate (rather than a best interest oriented guardian, and where necessary in addition to a legal representative) may enable better representation of the child in the courts and greater participation by children in legal proceedings, an increased role for children as citizens and a fuller implementation of their rights. Copyright © 2005 John Wiley & Sons, Ltd.     

Human Rights: What the United States Might Learn from the Rest of the World and,Yes, from American Sociology

The U.S. Constitution includes civil and political rights—as individual rights—but does not include what is internationally understood to be “human rights,” namely rights we enjoy as equals, including economic, social, and cultural rights, and protections for vulnerable persons, such as children, minorities, mothers, and refugees. The United States has not ratified any international (United Nations) or regional (Organization of American States) human rights treaty, is not a party to the Rome Statute that established the International Criminal Court, and is no longer a member of the United Nations Educational, Scientific, and Cultural Organization. It might be concluded that Americans do not know what human rights are. It is more complicated than that. While opinion polls show that Americans often endorse individual rights—e. g., the rights of women—they do not frame them as being interdependent or being within the purview of government. Can we conclude that human rights have no place in the United States? Not at all. This article concludes by showing that many U.S. institutions of higher learning have programs in human rights and that some academic associations, including the American Sociological Association, recognize human rights.     

The Human Right to Leisure in Old Age: Reinforcement of the Rights of an Aging Population

The right to leisure is recognized as a human right under the 1948 United Nations Universal Declaration of Human Rights. The actual meaning and material content of this human right is subject to debate. The aim of this study is to examine the extent and the context to which this human right is specifically recognized with regard to older persons. Methodologically, this study textually analyzed 17 different international older persons’ human rights documents. The findings reveal that in the majority of these documents there is no reference to the right to leisure. In the remaining documents, the right to leisure is mostly referred to indirectly or in a narrow legal construction. These findings support the notion that despite the growing body of knowledge regarding the importance of meaningful leisure in old age—and its empowering and anti-ageist nature—this knowledge has not transformed into a legal human rights discourse.     

A New Chilean Migration Act: an Approach to International Standards

The current Chilean Migration Act is the oldest in South America. It was created under the paradigm of national security, not human rights, and today does not adequately serve a participating democratic state, active within the international community. The Chilean government will soon be moving to discuss in congress a new migration act. We want to emphasize that the government should not forget the importance of incorporating international standards of migration policy into the national sphere. Chile is part of the United Nations system and, as a participating member, ratifies all core human rights treaties. Given that the United Nations Human Rights Bodies have made recommendations about migration policy, it is essential that this discussion be brought to the attention of our governing officials. This article reviews the UN recommendations as a concrete approach to the implementation of international standards in Chilean migrant policy.