Refugee resettlement and the Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities (CRPD) created pathways for people who are refugees with disabilities to resettle and build new lives. Resettlement country Australia, in response to its CRPD obligations, created greater access to the waiver of visa health requirements for humanitarian entrants. This article chronicles key documents demonstrating that the CRPD has been an effective instrument for improving access to resettlement for people with disabilities. The article also describes new challenges to Australia’s compliance with the CRPD as it fails to address multiple discrimination of people from refugee backgrounds with disabilities, an area of concern to the Committee on the Rights of Persons with Disabilities for which it has issued guidance. This article proposes creating a United Nations High Commissioner for Refugees Resettlement Submission Category for disability to improve resettlement programmes’ compliance with the CRPD.     

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.     

Navigating the ethical maze in disability research: ethical contestations in an African context

Despite changes in how disability is viewed, ethical requirements for disability research have hardly changed. Some ethical clearance procedures, processes and practices still consider persons with disabilities as not able, creating unease among researchers and research participants with disabilities themselves. This paper considers five ethical contestations arising from research in the area of disability in an African context: positionality, vulnerability, signed consent, anonymity, and research committee composition. We argue that ethical requirements in practice are still largely based on a medical model of disability and propose that culturally sensitive social and human rights models should influence disability research ethics.     

Exploratory research on the death and survival of neonates with congenital disorders in North Korea

In 2016, North Korea ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD). However, previous data and the testimonies of North Koreans have suggested that infants born with congenital disorders are either being euthanized or else left unattended resulting in their deaths. The study focuses on the question, “How is the life or death of infants born with congenital disorders determined during childbirth in North Korea?” In-depth interviews were conducted with 20 North Korean refugees who were involved as doctors, nurses, or party officials in the policies and practices related to persons with disabilities. We analyzed the interviews using the Grounded Theory with constant comparison and confirmed that infants born with congenital defects were intentionally euthanized with the acquiescence of the North Korean political party, hospitals, or their parents. It was also observed that children with disabilities in North Korea are subjected to severe human rights abuses. The dismal conditions in North Korean society have made parents unwilling to and incapable of raising their disabled children. To preserve the lives and dignity of infants born with disabilities, systematic and profound changes are necessary in North Korean disability policies to comply with international disability rights standards. This study remains at an exploratory stage due to obstacles in accessing research data on North Korean governmental policies and the lack of credible statistics on persons with disabilities. Nevertheless, the current study offers a deeper insight and understanding of the actual conditions in North Korea. This study is significant as it addresses and shares the issues of human rights and welfare of persons with disabilities in North Korea with the concerned members of the international community.     

The Social Model of Disability Under the Shadow of the Revolution: Ex-combatants Negotiating Identity in Nicaragua

The social model of disability, which defines disability as the product of social discrimination rather than the physical, cognitive, or sensory differences of individuals, became the dominant logic of the international disability field with the 2006 passage of the UN Convention on the Rights of Persons with Disabilities. As such, grassroots disability associations around the world are advocating for new rights. These campaigns promote a new identity frame of disabled persons as a universally oppressed group. This identity, however, does not benefit all groups equally and actually threatens some. Using qualitative methods, I compare the usage of the disability identity by two grassroots associations in Nicaragua. Ex-Contra soldiers with disabilities use the identity to obfuscate their discredited history as “traitors” and, instead, represent themselves as unjustly discriminated against disabled persons deserving special benefits and human rights protections. Ex-Sandinista soldiers with disabilities also make claims, but only reluctantly as disabled, preferring to self-identify as war wounded. Because of changes in law, however, Ex-Sandinista soldiers are increasingly unable to make claims as war heroes, but must instead access benefits as persons with disabilities “in general.” This case demonstrates how actors strategically use the social model of disability in relation to local political culture and group identity.     

Knowledge,Tasks and Strategies for Teaching About Persons with Disabilities

Abstract

Persons with disabilities are a distinct and insular minority group within the United States. Given the fact that social workers offer critical social services to this group, it is important for social work programs to offer meaningful curriculum content on persons with disabilities. This article presents key issues that social work educators should find useful for teaching about persons with disabilities. Specifically, a discussion is offered on the disability civil rights movement, the culture of disability, models for defining disability, knowledge areas on disability issues, teaching tasks and strategies for focusing on persons with disabilities.     

Citizens with learning disabilities and the right to vote

This paper asks, in the context of recent legislative changes, what can be done to support more citizens in England and Wales with learning disabilities to vote in national elections? This issue is addressed through (i) a review of recent disability access campaigns that have reported discrimination against, and the under‐representation of, adults with disabilities in UK elections; (ii) a review of recent research undertaken in the USA into the assessment of competence to vote and research undertaken in England that conclusively documents the under‐representation of voters with learning disabilities in the 2005 general election. It is proposed that a ‘functional approach’ to developing an individual's capacity to vote could help to fulfil Article 29 of the United Nations' Convention on the rights of persons with disabilities that gives all people the same political rights.     

Strategic approaches to disability disclosure on social media

Persons with physical disabilities often face isolation in face-to-face settings or limited opportunities to form relationships due to an ongoing, and often derogatory, disability narrative of difference. Unlike face-to-face interactions, social media let persons with disabilities control how and when they disclose information about their disabilities and offer new opportunities for relationship formation. This qualitative study establishes a theoretical framework for exploring how and why persons with physical disabilities choose to disclose their disabilities on social media platforms. Major findings from the study describe three strategic approaches (open, secure, and limited) to disability disclosure on social media. The study also examines the relationship between age of discloser and age of the disability as key factors in approach selection.     

Forced marriage of people with learning disabilities: a human rights issue

This paper reports some of the findings of an exploratory study which sought to better understand the demographics of forced marriage of people with learning disabilities and the contexts in which such marriages may occur. It was found that forced marriages of people with and without learning disabilities showed broad similarities in relation to ethnicity, some differences in terms of age and substantial differences in terms of gender. Men and women with learning disabilities are equally likely to be victims of forced marriage. The reasons for people with learning disabilities being forced to marry are most often associated with a desire on the part of families to secure permanent care, but can also be associated with cultural (mis)understandings of the nature of disability. These findings are contextualised by considering the relationship between forced marriage, human rights and learning disability.     

Citizenship: reflections on a relevant but ambivalent concept for persons with disabilities

This article examines the significance of citizenship with respect to disability. The article first highlights the idea of citizenship as ‘social contract’. This means the possession of civil, political, economic, cultural and social rights as well as the exercise of duties in society. Due to societal barriers, many disabled persons have difficulties fulfilling citizenship roles. Further, this article draws on citizenship theories; it examines three types of citizenship participation – the social citizen, the autonomous citizen and the political citizen – and discusses their promises and ableist implications. To counterbalance the exclusionary aspects of citizenship, we argue that human rights prove important. At the same time, human rights are more easily proclaimed than enforced and citizenship remains a precondition for effectively implementing human rights. The article concludes that citizenship is a relevant but also ambivalent concept when it comes to disability; it calls for a critical understanding of citizenship in Disability Studies.     

Romanian approach to media portrayals of disability

There is a wide range of media representations of disability, but not just because of the societal stigma. They are a function of norms of journalism as well as biases among people with disabilities themselves. This article is a contribution to the issue of social representation of persons with disabilities from a Romanian perspective, which will help to witness the transformation of the general perception of persons with disabilities by seeing the evolution of the terms used to name disability in crucial years of the socio‐political development of Romania (1989, 1990 and 2003). The existence of different categories of representations will reveal the evolution of society, which switched from a culture of protection to a culture of promotion for people with disabilities.     

Disability stigmatization as a barrier to employment equity for legally-blind Canadians

Canada has expressed a strong commitment to the rights of its citizens against discrimination, including those with disabilities. A question remains whether Canadians with disabilities are able to practice these rights. Our mixed-methods study sheds light on the situation of one important sub-group of people with disabilities – those who are legally blind. Our survey results show that the labour-force participation rate for this population is very low compared with those without disabilities, and also lower than the rate for persons with other disabilities. Legally-blind working-age Canadians have significantly higher rates of unemployment and underemployment, and perceive major barriers to employment. In-person interviews reveal the negative impact of one major barrier – disability stigmatization – on accessing meaningful employment and other societal assets. We discuss the implications of these findings and suggest policy directions.     

From advocacy to service provision: state transformation and the disability rights movement in Taiwan

This research uses the development of the disability rights movement in Taiwan as a case study to analyze the impact of state transformation, in particular marketization of social welfare policy, on the disability rights movement. First, the institutionalization of the disability rights movement enabled it to expand its organizational structure and become involved in shaping policy. Secondly, when disability rights organizations started to undertake state-funded projects, their focus shifted from advocacy to service provision. Thirdly, competition for limited state-funding gave the organizations led by urban-middle class advocates a significant advantage over small, community-based NPOs and gathered significantly greater resources. Finally, this paper suggests that, in a context in which the state did not provide basic social services for its citizens with disabilities, the institutionalization of SMOs turned advocacy groups into service providers. Although the number of disability civic organizations increased, the voices of advocacy groups were weakened.     

A rights-based conceptual framework for the social inclusion of children and young persons with an intellectual disability

There is a basic principle that all children and young persons with intellectual disabilities should be able to enjoy citizenship on an equal basis with others. This includes enjoying personal dignity and exercising choice, control and freedom in social, community and cultural life, in keeping with their individual lifestyle preferences and aspirations. There is a need for a stronger human rights narrative to achieve this. This article identifies a conceptual framework for a rights-based approach to the integration of children and young persons with disabilities. Seven components of such a framework are identified: citizenship and social inclusion; recognition; agency; voice; capabilities; equality; and self-realisation. This framework was developed as part of an Irish case study involving consultation with young persons with intellectual disabilities, their parents or guardians and professional staff delivering support services. The rights of children/young persons with intellectual disabilities are essentially those of children generally. While this principle may be obvious in many respects, its implementation presents significant challenges. The need for a transformative narrative and its components are outlined.     

Listening to the voices of children: understanding the human rights priorities of children with disability in Vanuatu and Papua New Guinea

In developing countries, children with disability lack basic services yet their voices are missing in the development agenda. This article reports on research to investigate the human rights needs and priorities of 89 children with disability aged 5–18 years in Vanuatu and Papua New Guinea. An accessible and inclusive research method was developed to enable children with diverse disabilities to communicate their own views via visual, audio and tactile means. Data were analysed in relation to the Articles of the Convention on the Rights of Persons with Disabilities, identifying a wide range of priority areas including recreation, leisure and cultural life; employment; home and family life; and education. It is proposed that policy and programme responses must take a holistic view of children and their needs, affirming but thinking beyond the importance of education, to address the complexity of the systemic disadvantage faced by children with disability.     

Disability advocacy in Kinshasa,Democratic Republic of the Congo

This article frames a discussion of disability advocacy in Kinshasa by arguing the importance of disability rights legislation for the quality of life of people with disabilities and by outlining the Democratic Republic of the Congo’s situation as a nation characterized by conflict. The author provides an overview of the recent positive steps the government has taken to affirm the rights of its citizens with disabilities, discusses the strong disability advocacy movement based in the capital city of Kinshasa, and identifies some of the challenges to Congolese disability rights legislation.     

Parity of participation in liberal welfare states: human rights,neoliberalism, disability and employment

Governments continue to face challenges in implementing effective strategies to increase social and economic participation of people with disabilities. In a recent OECD high-level policy forum on Sickness, Disability and Work, the main policy message was the need for a culture of inclusion; with a dual focus on short-term active policy interventions and long-term structural reform. This paper examines policies in liberal welfare states that encourage people receiving disability benefits to participate in the labor market. Examples from the United States, the United Kingdom and Australia of active labor market programs aimed at moving people with disabilities from workfare are analyzed in the context of international disability rights and neoliberal discourse. The paper explores the extent to which new approaches to activation policies are facilitating parity of participation and factors that impact the effectiveness of these policies.     

In search of disability rights: citizenship and Turkish disability organizations

Criticizing modern citizenship’s emphasis on the ‘nation’ as a homogeneous body of citizens, recent citizenship conceptions draw attention to diverse group identities and their differentiated rights‐claims. By way of scrutinizing different disability organizations, this paper analyzes the struggles by people with disabilities in Turkey and examines whether these could be perceived as claims to new forms of citizenship. It argues that due to the institutional, political, cultural and historical specificities of Turkey, most non‐governmental organizations maintain relations of patronage with state actors. Far from initiating a rights‐based discourse, their activities cannot be perceived within recent citizenship frameworks. Yet, parallel to Turkey’s accession process to the EU and technological developments, alternative forms of organizing started emerging at the virtual level. These are the harbingers of a relatively more rights‐based discourse.     

An Analysis of the Americans With Disabilities Act (ADA) in the Twenty-First Century

Abstract

In this paper, the author overviews the key components of the ADA. A discussion is offered on why and how persons with disabilities are discriminated against. The standard stereotypes often heard about persons with disabilities are offered. Critical United States Supreme Court decisions are presented; these decisions have greatly limited the power of the ADA in protecting the rights of persons with disabilities. Even though the United States Supreme Court has narrowed the impact of the ADA in American life, a number of Equal Employment Opportunity Commission (EEOC) cases are presented, suggesting this federal agency is attempting to protect persons with disabilities against discrimination. The final part of the paper deals with the topic of advocacy; advocacy may well be one of the most effective tools to help insure that the rights of people with disabilities are protected in the 21st century.     

The Implications of Disability Protests for Social Work Practice

Abstract

This article examines the demands which have been made in the over 800 US protests this author has analyzed. Some demands are cross-disability, meaning they could apply to people with all types of impairments; these include demands for rights and accessibility in all domains. Other demands are disability-specific: they apply to people with specific types of impairments, ranging from mobility impairments to developmental disabilities. Many demands have been related to services, which can be either cross-disability or disability-specific. The paper examines the implications of these demands for social work practice. These include that disability be de-stigmatized by practitioners, that people with disabilities have choices, that they have control over their services, and that all aspects of social work practice be accessible to people with any type of disability.