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.     

Towards economic participation: examining the impact of the Convention on the Rights of Persons with Disabilities in India

This paper examines the probable impact of India’s ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), particularly in terms of promoting economic participation. The paper presents findings from recent fieldwork, conducted in India at the beginning of 2011. The main aim of the study was to examine some current national-level developments, relevant to disability, and to compare various approaches to promoting economic participation at the grass-roots level, with a view to determining the potential of the CRPD to make a real difference to the everyday lives of disabled people. The paper concludes that the CRPD has already had some impact at the national level. Furthermore, there are signs that some parts of Indian society are becoming more inclusive of disabled people, in the areas where research was carried out, thus increasing the likelihood of greater economic participation for disabled people in the future.     

Citizenship according to the UNCRPD and in practice: a plea for a broader view

This article relates the eight Guiding Principles of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) to both liberal and relational perspectives on autonomy and different layers of citizenship. While the UNCRPD covers a broad scope of citizenship, accounting for liberal and relational values of autonomy, it appears that the recent long-term care reforms in the Netherlands primarily address outcomes based on liberal values. As a consequence, persons with long-term cross-domain care needs face barriers that threaten their citizenship in terms of access to adequate care and support services. We argue that long-term care and support services need to explicitly address the relational aspects of autonomy to warrant the citizenship of persons with disabilities.     

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.     

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.     

The paradigm shift in realising the right to read: how ebook libraries are enabling in the university sector

Millions of people with print disabilities are denied the right to read. While some important efforts have been made to convert standard books to accessible formats and create accessible repositories, these have so far only addressed this crisis in an ad hoc way. This article argues that universally designed ebook libraries have the potential of substantially enabling persons with print disabilities. As a case study of what is possible, we analyse 12 academic ebook libraries to map their levels of accessibility. The positive results from this study indicate that universally designed ebooks are more than possible; they exist. While results are positive, however, we also found that most ebook libraries have some features that frustrate full accessibility, and some ebook libraries present critical barriers for people with disabilities. Based on these findings, we consider that some combination of private pressure and public law is both possible and necessary to advance the right-to-read cause. With access improving and recent advances in international law, now is the time to push for universal design and equality.     

Deprived of human rights

Abstract

In June 2018 the United Nations Committee on the Rights of Persons with Disabilities published a report on the educational system in Spain, in response to some complaints submitted by SOLCOM (Association for Community solidarity and social inclusion of people with functional diversity). The report has had a substantial impact. A few months earlier, in February 2018, people from all over Spain had taken part in a workshop held at the Universidad de Málaga, as part of a research project entitled ‘Emerging Narratives about Inclusive Schools Based on the Social Model of Disability: Resistance, Resilience and Social Change’. The project aims to gather accounts of activist experiences from families and professionals who determinedly struggle to make schools places where all children are recognised through presence, participation, learning and success in the pre-compulsory and post-compulsory education stages. Both the Committee’s report and the statements made by relatives and activists at the workshop illustrated and bore witness to a systematic violation of many children’s right to education solely due to their disability.     

Disability and the League of Nations: the Crippled Child’s Bill of Rights and a call for an International Bureau of Information, 1931

In Disability Studies the evolution of conceptual models is often portrayed as linear, with a nineteenth-century charity model shifting to the medical model that dominated disability discourse in the twentieth century. This is then assumed to be largely unchallenged until the 1970s, when an emergent Disability Rights Movement re-framed issues into the social model, from which evolved a rights-based model. This paper documents two early efforts to address disability issues submitted to the League of Nations: the Crippled Child’s Bill of Rights in 1931 and a ‘Memorial’ requesting the establishment of an International Bureau of Information on Crippled Children in 1929. Neither submission achieved its stated goals, yet both reflect early attempts to place disability within wider social contexts.     

Understanding sex: the right to legal capacity to consent to sex

This article addresses the right to legal capacity to consent to sex of people with intellectual disabilities. Article 12 of the Convention on the Rights of Persons with Disabilities guarantees the right to legal capacity on an equal basis in all areas of life. This article discusses sex as an area of life in which people with intellectual disabilities are frequently not being granted legal capacity on an equal basis. The article examines current capacity to consent to sex law in Ireland, England and Wales in light of Article 12. It proposes an ‘agreement model’ as a potential alternative that would be Article 12 compliant.     

The transnational sphere of justice: disability praxis and the politics of impairment

In this paper, my aim is to elaborate disability movement praxis so that transnational struggles for justice over the production of impairment emerging from the Global South can be represented within the transnational frame of disability politics. The paper seeks to explore the potential of deepening socio-political understandings of impairment as a means to radically democratize disability movement politics at the transnational scale to encompass pluralist, yet subaltern, collective claims for justice. I am guided by the question: if impairment is the place that makes visible invisible debts, can the global disability rights movement begin a process of re-identification to open the boundaries of disability justice claims and develop a strategic orientation which recognizes those collective justice claims for geopolitically produced impairments?     

Negotiating independence,choice and autonomy: experiences of parents who coordinate personal assistance on behalf of their adult son or daughter

Article 19 of the UN Convention on the Rights of Persons with Disabilities requires states to provide personal assistance services. This article is based on qualitative research in Iceland, Norway and Sweden, carried out between 2012 and 2013. The overall study focused broadly on the implementation of Article 19. This article, however, reports findings based on a particular group of participants within the larger study: non-disabled parents who coordinate personal assistance schemes for their adult son or daughter. The article examines the various ways in which the parents, the majority of whom were mothers, negotiate principles of independence, choice and autonomy for their adult son or daughter who requires intensive support, including assistance with communicating. The aim is to explore, in the context of the Convention and the principles of the independent living movement, how to acknowledge and conceptualise personal assistance schemes that require another person to manage on behalf of the user.     

From isolated fence to inclusive society: the transformational disability policy in China

China’s disability policies are changing, some of which are gradually closer to the requirements of the Convention on the Rights of Persons with Disabilities. Based on the social model of disability, this article explains the driving forces of disability policy reform, and especially adopts the critical policy analysis approach to evaluate the revised education policy along with the rehabilitation policy of disabled people. The inclusive education policy is improving disability policy issues the most compared with others because of the disability advocacy by disabled persons’ self-help organizations. Meanwhile, the nascent rehabilitation policy is typically top-down oriented by the government. Public participation may be the main way forward, especially with the growth of the disability movement in China. It is hoped that scholars pay more attention to the transformational disability policy in non-western settings.     

Deaf access to justice in Northern Ireland: rethinking ‘Reasonable Adjustment’ in the Disability Discrimination Act

Abstract

This article provides findings of a qualitative study exploring the interactions of eight Deaf participants and one hearing ally with the justice system in Northern Ireland, where the Disability Discrimination Act requires solicitors to make ‘reasonable adjustments’ in order to provide effective access to Deaf clients. Three thematic categories emerged: (a) barriers to accessing justice, (b) work Deaf people do for access, and (c) the need to educate solicitors about access. A central strain ran through these themes: the idea that ‘reasonable adjustment’ must reflect the value of sign language interpreters in facilitating effective communication access for all the parties.     

Ten years of the CRPD’s adoption in China: challenges and opportunities

This article examines the challenges and opportunities of implementing the CRPD's rights-based model in China, especially the effects of the diminishing space for civil society on the nascent disability rights movement. A disability rights movement emerged as a direct result of the CRPD’s adoption in 2008. Two recent restrictive civil society legislations, however, undermined this process. While the diminishing space of civil society has posed great challenges to the movement by marginalizing the rights advocacy approach, it has created an opportunity for service-oriented disability associations to thrive. While service-oriented associations are often ignored by disability studies scholarship and the disability rights movement, I argue that, through these organizations, persons with disabilities in China have done critical identity work and substantively increased their level of independence in their daily lives. As a result, a disability rights consciousness continues to be built in China, despite governmental hostility to political advocacy.     

Globalising accessibility: drawing on the experiences of developed countries to enable the participation of disabled people in Zambia

This paper explores the accessibility situation in a developing country such as Zambia. The global view of accessibility for disabled people is provided to examine the accessibility situation in developed and developing countries, highlighting the role of the environment in achieving rights for disabled people. Recognition of disability rights relating to accessible built environments is a necessary element to ensure their participation. Limited disability research, lack of disability policies and systems, evaluation of disability rights and support from developed countries have been cited as contributing to the non-recognition of disability rights and low participation by disabled people in Africa. An international perspective of disability, accessibility and participation and the experiences of developed countries are examined and their potential for advancing accessible built environments for participation in developing countries considered. However, accessibility concepts, having been developed in western countries, are presented with caution acknowledging the geographical, social–cultural and economic differences that exist.     

Sexual orientation and the European Convention on Human Rights: What of the “L” in LGBT?

Abstract

The European Court of Human Rights (ECtHR) has long been celebrated for its role in advancing LGBT rights. This article adopts an intersectional feminist approach in order to critically examine the trajectory of the Court’s LGBT case-law from a gendered perspective. In doing so, it foregrounds the portrayal, experience and, indeed, invisibility of lesbian applicants. Adopting an intersectional approach that considers the gender dimension of sexual orientation claims provides a somewhat different perspective on the struggle for LGBT rights before the ECtHR and suggests that lesbian voices and experiences have been marginalized and excluded in the struggle for LGBT rights.     

Difficult Commitments: Intercountry Adoption to the United States and Accession to the Hague Convention

Abstract

Why have relatively few countries joined the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption? Have countries that send children to the United States been more likely to join? The United States has joined this convention and prefers sending countries to do so also. However, our findings show that countries that send children to the United States are not more likely to join than other countries. In addition, countries with large “orphan” populations are less likely to join the convention. These findings have implications for the potential of the Hague Convention to improve transparency and accountability in intercountry adoption.     

Voting and the Scottish referendum: perspectives of people with intellectual disabilities and their family and paid carers

Voting is a human right for every citizen yet many people with intellectual disabilities do not vote or have little support to exercise their right to vote. This article explores views on the wider aspects of voting against the backdrop of the Scottish referendum using focus groups involving people with intellectual disabilities (n = 12), family carers (n = 7) and paid carers (n = 5). Findings revealed that people with intellectual disabilities had similar concerns to the general population about the referendum. Regarding voting, all groups identified the need to discuss issues and for practical support and accessible information to ensure informed choices were made when voting.     

Rights discourses in relation to education of people with intellectual disability: towards an ethics of care that enables participation

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; namely, rights to full participation, rights to special services and rights to protection. These draw off a social model, a medical model and a protective model, respectively. We note that these discourses may be set up in contestation with each other. However, we argue that they can be seen as complementary if viewed within an ethics of care that enables participation. Within this conceptualisation, participation is viewed within relations of care but is subject to a critique that examines the role of context and disciplinary power in constructing dependency.