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.     

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.     

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.     

Voting barriers and solutions: the experiences of people with disabilities during the Dutch national election in 2017

Exercising the right to vote at elections is frequently denied to people with disabilities. In this study, we examined the voting behaviour of individuals with physical or learning impairments and the barriers they encountered during the national elections in 2017 in the Netherlands. A survey design was chosen to allow large-scale questioning of both target groups. Over 90% of people with physical impairments voted and respondents found that voting was accessible. Voter turnout among people with learning impairments was much lower (46%). They experienced difficulty to prepare themselves and at the polling station. The Netherlands seems well on the way to achieving an inclusive environment for people with physical impairments. Recommendations are given about accessibility for all and for exploring alternative methods of voting such as proxy voting and tailoring information and procedures to the needs of people with learning impairments.     

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.     

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.     

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.     

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.     

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?     

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.