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.     

Housing and transport: access issues for disabled international students in British universities

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 disability-related needs, have been identified. Secondly, the choice and accessibility of transport used is examined. A range of barriers that this group of students encounter based on their double or multiple identities as ‘disabled’, ‘international’ and sometimes ‘mature’ or ‘postgraduate’ students has thus been identified and discussed. The article highlights the barriers that are reinforced and exacerbated by the interplay of students’ different identities, proposing ways of removing these difficulties.     

Pushing the boundaries of our understanding of disability and violence: voices from the Global South (Guyana)

Our knowledge about disabled people’s lives is largely based on research in the Global North. This article considers disability and violence in the Global South, specifically in Guyana. It aims to push conceptual and empirical boundaries of our understanding of violence and disability. Conceptually, it argues for a social model materialist theory of disability attuned to how material barriers to disabled people’s inclusion in society and space are reproduced through processes of exclusion unfolding across geographic scales ranging from the global, to the inter-personal and intra-personal. It argues that Lacanian psycho-analytic theory provides a complimentary lens for understanding why people engage in acts that construct disabled people as ‘deserving’ of violence. Empirically, the article broadens our understanding of disability and violence by focusing on poverty, violence as a cause of impairment and disability, and disabled women’s and men’s experiences of violence in a majority world context.     

Wounded/monstrous/abject: a critique of the disabled body in the sociological imaginary

Contemporary sociology has made sense of bodily difference by mobilising a number of tropes. ‘Wounded’ (or vulnerable), ‘monstrous’ and ‘abject’ stand out by virtue of their ubiquity though they do not exhaust the repertoire. These categories highlight the conceptual tensions between the sociology of the body and Disability Studies. In this paper, I will examine the value of these tropes to Disability Studies and suggest that while they can help to clarify the processes that bring about the misrecognition of disabled people, understanding the nature and scope of the lives of disabled people in modernity requires a more embodied language rather than one that has been generated from a sociological imaginary that is strongly influenced by a non‐disabled subject position in which repulsion for the other – which one must become – is never fully resolved. Disability has had little impact on sociological theories of the body and when sociology ventures into disability it has tended to conflate it with an ontology of human frailty or gloss it with tropes that may be instructive about the generic or gendered modernist structure of exclusion but it tells us little about the specific forms of invalidation experienced by disabled people.     

International guidelines and the inclusion of disabled people. The Ugandan story

Uganda has made much progress towards including disabled people in its mainstream development, particularly in the political agenda. The exact process by which this has been achieved and the relationship between this and international guidelines and legislation are not known. This study undertakes to examine this from two specific perspectives: (1) How do international documents relevant to disabled people relate to national legislation in Uganda? (2) What can this comparison, together with the perceptions of stakeholders, tell us about how the legislation and services could improve? International legislation and Ugandan legislation is reviewed and compared. Data from 5 semi‐structured key informant interviews and 6 focus group discussions involving a total of 38 people are collected and analysed. The themes arising from the data are related to the documents, legislation, policies and other relevant literature. The results examine the barriers to service provision; the role of change; the importance of representation; policy and legislation issues; and the effects of devolution. Five specific findings relate to how legislation and services can improve: more resources to increase access for disabled people; strong leadership and collaboration between Disabled People’s Organisations (DPOs) funding bodies and governments; awareness raising and training; representation from all impairment groups; and raising the profile of disabled people through further legislation.     

A lame argument: profoundly disabled embodiment as critical gender politics

In this paper I explore how disabled embodiment offers radical theory and practice for gender politics. I use Adrienne Rich’s classic treaties ‘lesbian existence [and] the lesbian continuum’ and Judith Butler’s twenty-first-century queer interrogation of ‘the category of The Human’ to highlight the exclusion of disablement from gender politics despite its radical potential for theory and praxis. Using a crip ethos I not only explore the consequences of this exclusion for disabled people, but also the resultant limitations of able-bodied perception, theory and practice. A crip ethos facilitates politics and practices where disabled embodiment becomes a profound, severe, and radical challenge to normativity in all its aspects, and a vehicle through which to move beyond such restrictive frameworks.     

Female researcher safety: the difficulties of recruiting participants at conventions for people with dwarfism

Disability research often favours the use of disabled researchers carrying out research with disabled participants. It is believed to empower disabled people and create results that are more valid. However, little consideration has been given to the ethical implications of this type of research process, including in relation to female researcher safety. This paper provides an autoethnography of my experience of being sexually assaulted when recruiting participants for my doctoral research, at a convention held by an association for people with dwarfism (The term used to refer to someone with this impairment often differs. In this research project terms participants preferred included; dwarf, person with dwarfism, short stature and restricted growth. I use the term ‘person with dwarfism’ as it fits in with the social model of disability by demonstrating that a person is ‘dwarfed’ by a built environment, which is constructed for the average sized person and is therefore disabled). Focusing on gender, disability and sexuality, situated in space, this paper explores the problems encountered when trying to recruit participants within a particular space. This paper suggests that the safety of the researcher, needs more consideration and offers recommendations to increase researcher safety.     

How context influences the ideologies and strategies of disabled people’s organisations: a case study from Cambodia

Abstract

Studies of disability movements have centred on exploring how movements have emerged and how their strategies have been devised to effectively advocate for the rights of the people with disabilities they represent. However, little attention has been focused on examining their organisational contexts and how they shape ideologies and choice of strategies, which have implications for the success of their advocacy endeavours. This article seeks to contribute to knowledge in this area by studying the case of a disabled people’s organisation in Cambodia. The resource dependency of disabled people’s organisations on international development partners results in their ideologies and strategies being driven by the latter. This has not only fragmented their resources, but also made their endeavours less relevant to the needs of people with disabilities. This may act to prevent such organisations from building a common ground for collective action, and from effectively pressing for social change.     

Education in times of conflict and the invisibility of disability: a focus on Iraq?

Education has come to be a key focus of the humanitarian response of international agencies in countries affected by conflict, but disabled children tend to be excluded from these education initiatives. Yet the reconstruction process can provide governments with a unique opportunity to reassess the way they educate disabled children, and consider moving towards more inclusive educational approaches. Indeed, crises can be seen as opportunities to ‘build back better’. A review of the limited literature is followed by an account of a disability study in Iraq, and reflections on the way forward for collaborative research on educational reconstruction in post-conflict societies.     

Explanatory models for disability: perspectives of health providers working in Malawi

Health providers’ understanding of disability determines how disabled people are treated, and hence it is imperative to address conceptualisations of disability, as this will contribute to better opportunities and realisation of human rights for disabled people. This article will use data from a qualitative study exploring conceptualisations of disability by 22 health service providers from the total health care system in Malawi, including the professional sector (e.g. medical doctors and nurses) and the folk sector (healers and indigenous practices). We will discuss how these perceptions influence the lives of disabled people, using the case of a health service user with physical and speech impairment as an example. Our data show that health providers largely conceptualise disability according to the medical model for disability, contributing to the exclusion of disabled people. The bio-psycho-social model for disability, largely absent as an explanatory model for disability among our informants, is the most inclusive and rights based.     

We did it together: a participatory action research study on poverty and disability

This article presents the perspective of both non-disabled and developmentally disabled people working together in a research project on poverty and disability. Our study used a participatory action research approach that challenges the norm of exclusion in the research process. Control of the research agenda has been inclusive and shared to varying degrees in accordance with the needs and desires of the members of an advisory committee of developmentally disabled people living with low income. We reflect on our process of working together according to four principles of participatory action research with disabled people. We discuss our successes and challenges enacting these principles in the hopes that future researchers can build upon our experience to be more inclusive of developmentally disabled people in their work.     

Enterprising? Disabled? The status and potential for disabled people’s microenterprise in South Korea

This article explores the position, potential and scope for self-employment and microenterprise for disabled South Koreans. The chronic barriers experienced in disabled people gaining paid work suggest that self-employment and enterprise might offer a good alternative to paid work. The self-determined nature of running a microenterprise has been shown to connect with disabled people who may not conform to standardised notions of body and brain that underpin many mainstream work contexts. Despite this promise, several barriers continue to beset disabled people’s access to micro-enterprise activity; barriers ranging from Confucian precepts, to employment protections that are geared largely towards paid employment and to the lack of training, finance and business support for disabled people starting up and sustaining microenterprise in Korea. The extension of legal protections, meaningful start-up subsidies, better business support and bridges between paid work and microenterprise are all seen as important policy correctives that would better support disabled people.     

‘Talking about us without us?’. A response to Neil Crowther

In Volume 22 Number 7 of Disability & Society Neil Crowther of the recently formed Equality and Human Rights Commission provided his interpretation of the current situation of disability politics in the UK. Besides acknowledging the pioneering role organisations controlled and run by disabled people had played in the struggle for the eradication of disabling barriers, he suggests that the challenges facing disabled people are increasingly different from those of the early 1990s, and that despite the incorporation of a disability rights agenda into the formal mechanisms of Government many disabled people remain amongst the most economically and socially disadvantaged in Britain. This he ascribes to the disabled people's movement's ‘ideological purity’ and failure to engage in productive partnerships with other disability organisations. Here we argue that these assertions are based on a lack of clarity of meaning and a partial reading of the difficulties encountered by the disabled people's movement as a consequence of its early success and the activities of the agencies he urges the movement to engage with.     

Coming to terms with inequality and exploitation in an African state: researching disability in Sierra Leone

In this article, I describe how during my anthropological research in post‐conflict Sierra Leone with a disabled community, I was confronted by experiences of inequality and exploitation. Many disabled people had previous disabling contact with other researchers, organisations and journalists. Others described difficulties surviving the disabling socio‐economic conditions and were not viewed as ‘development’ partners, despite the fact that their images and stories had played a big role in the rebuilding and ‘healing’ of the Sierra Leonean nation state. I ask whether we as researchers and an international community are still not colluding with structures and institutions that exploit disabled people in post‐conflict and post‐disaster countries.     

Integrating people with disabilities: their right – our responsibility

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 rights is a daily struggle. Though arising from physical or intellectual impairment, disability has social implications as well as health ones. In most countries, government services for disabled people are still small‐scale rehabilitation projects separated from the rest of the community. People with disabilities are amongst the poorest of the poor. Barriers built by disability and poverty can only be removed by the concerted and integrated effort of the government, NGOs, corporates, movie mughals and educational institutions. It is the duty of the rest of society to acknowledge the rights of the poor and the disabled. This can no longer be treated as philanthropy but is a responsibility.     

‘We do not have chiefs who are disabled’: disability,development and culture in a continuing complex emergency

In 2011 The World Health Organization declared disability an international development priority. Yet disability and disabled people are barely visible in the Millennium Development Goals. Exploring disabled people’s involvement in development processes in Binga District, Zimbabwe, this article: illuminates the impact of cultural beliefs about disability that systematically exclude disabled people from development initiatives; assesses the strengths and limitations of the capability approach for theorising disability; and considers the role of (u)buntu, a philosophy based on human relatedness and interdependence, in promoting justice for disabled people in sub-Saharan Africa.     

Denial of disability discrimination by disabled people in China

In contrast to the previous scholarly focus on anti-discrimination, which has long been described as a salient topic in the disability research area, this article discusses evidence to conclude that disabled people in China are inclined to deny social discrimination instead of finding ways to fight for social inclusion. Through interviews and observations, this article generalizes five types of causes – institutional causes, environmental causes, societal causes, familial causes and psychological causes – to explain an ‘observed phenomenon’ of discrimination denial in China. The authors worry that the phenomenon of discrimination denial might represent an even deeper type of discrimination, which might severely hinder the inclusion of disabled people into the mainstream. It is hoped that scholars may pay more attention to the intricate nature and fundamental paradox related to disability discrimination in non-western societies.     

Application of the International classification of functioning,disability and health in Taiwan: victory of the medical model

Since July 2012, eligibility for disability benefits and services in Taiwan has been assessed based on the International Classification of Functioning, Disability and Health. This study examines disabled people’s experiences of this new assessment system: does it incorporate the social model or a multidimensional understanding of disability and assess the needs of disabled people adequately? In-depth interviews were employed with 24 disabled persons to answer these questions from the perspective of disabled people. The findings show that the new assessment model is still medicalised: social roles and social participation are not considered, the assessment process is dominated by professionals, users’ perspectives are not included and only those who are assessed to have a high level of disability are satisfied with the new system while many others would prefer the old assessment system. These findings have relevance for the analysis of needs assessments of disabled people in different countries.     

'Tell me in your own words': disabling barriers and social exclusion in young persons

This article summarizes two research studies carried out in the University of Cantabria and the University of Sevilla with young persons at risk of social exclusion (underprivileged socio-economic groups, ethnic/cultural minorities and disabled people). We uphold the need to study exclusion as a socially constructed process, which allows us to discuss barriers to social participation (following the social model of disability) while ruling out the essentialist and psychological explanations of inequality and social oppression. We aim to know the barriers young persons have encountered in social and school participation through their own words. We have used several biographical/narrative techniques which have an emancipating interest. Such techniques allow us to learn from the discourses of the young women or men that participated in the research and to discover the fundamental milestones that have shaped their excluded identities.