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.     

Disability,politics and poverty in a majority world context

This paper argues that the spread of free market economics throughout the world has generated unprecedented inequalities within and between nation states. This has led to the systematic exclusion of people with perceived impairments from the mainstream of economic and community life in almost all societies, the generation of an international disabled people’s movement, and their demand for legal frameworks with which to address the multiple deprivations encountered by people viewed as ‘disabled’. It is argued that the poverty and exclusion encountered by disabled people and other oppressed groups in all societies will not be eliminated without fundamental structural change at the international level.     

Child Care as a Human Right: A New Perspective on an Old Debate

SUMMARY

A range of international human rights documents recognize the importance of child care for both parents and children, including the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Covenant on Economic, Social and Cultural Rights. While domestic advocates within the United States have long argued for an expansion of government-supported child care, the significance of child care's status as an international human right has not been explored. In other nations, international law has played an important role in spurring governments to expand childcare services. Reframing the child care issue in the United States as a question of international human rights could be an effective way to enlist new allies, posit new paradigms, re-energize the child care debate and shift the domestic focus toward more progressive models.     

‘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.     

Do disabled people need a stronger social model: a social model of human rights?

Abstract

We introduce the social model of disability by reflecting on its origins and legacy, with particular reference to the work of the Union of the Physically Impaired against Segregation. We argue that there has been a gradual rolling back of the rights and entitlements associated with the social model of disability. Yet no alternative for the social model has been proposed in response to such threats to disabled people’s human rights. Disabled people need a stronger social model that acts as a means to a society which enables and ensures their rights; the right to live a dignified life, as well as to live in an environment that enables people to flourish with disability.     

‘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.     

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.     

Tensions and unity in the struggle for citizenship: Swedish disability rights activists claim ‘Full Participation! Now!’

This article analyses the claims of contemporary disability rights activists mobilising in a context where de facto second-class citizenship co-exists with legal and political declarations about the rights of disabled people. As an empirical case, it focuses on the blog ‘Full Participation.Now’, which was initiated by disability rights activists in Sweden. Drawing upon citizenship research, the article points to the tensions and dilemmas featuring the bloggers’ demand for participation and equality, as well as the challenges relative to their struggle. Although the bloggers formulate contrasting arguments, the article highlights that the activists share a common aspiration for ‘full citizenship’.     

Policy development: An analysis of disability inclusion in a selection of African Union policies

Contemporary debates in international development discourse are concerned with the non‐tokenistic inclusion and participation of marginalized groups in the policy‐making process in developing countries. This is directly relevant to disabled people in Africa, which is the focus of this article. The United Nations Convention on the Rights of Persons with Disabilities delineates the principles of inclusion in society. Furthermore, the African Union (AU) plays a key role in advising its Member States about disability issues, and this advice should be reflected in disability‐inclusive policies. This article analyses nine policy or strategy documents produced by the AU, covering the policy domains of education, health, employment and social protection that are crucial to the inclusion of disabled people in international development. These were analysed according to seven discrete elements (rights, accessibility, inclusivity, implementation plans, budgetary allocations, enforcement mechanisms or disaggregated management information systems) using a rating scale of one to four, with four being the highest level of inclusion. The process (for example, level of consultation), the context (for example, the Sustainable Development Goals) and actors involved in the policy development were reviewed as far as was possible from the documents. None of the policies reached even 50% of the total possible score, indicating poor levels of genuine inclusion. Rights scored a highest rating, but still at a low level. This suggests that there is recognition of the rights of disabled people to inclusion, but this is not generally integrated within inclusive implementation plans, budgetary allocations, enforcement mechanisms or disaggregated management information systems for monitoring. The limited socio‐economic inclusion of disability within AU policies is a lost opportunity that should be reviewed and rectified. The findings have broader ramifications for the non‐tokenistic and genuine involvement of poor and marginalized groups in the international policy‐making arena.     

Pathologising the victim: law and the construction of people with disabilities as victims of crime in Ireland

Victimologists have for many years explored the construction of identities associated with the ‘victim of crime’, and how certain groups in society are understood as more ‘deserving’ of victim status than others. This paper considers the victim subjectivities ascribed to people with disabilities¹¹ In Ireland, ‘people with disabilities’ is the preferred term to ‘disabled people’.View all notes as victims of crime in Ireland by exploring the legal frameworks that shape their encounters with the criminal justice system. The legislative bricolage that exists is shaped by disjuncture, whereby anti-discrimination measures grounded in people with disabilities’ equal rights to access the justice system sit alongside those that construct them in terms of incapacity. Criminal law overwhelmingly pathologises people with disabilities as crime victims, with impairment dominating their victim status. The paper suggests that notions of victimhood that associate people with disabilities with dependency and passivity will do little to raise awareness of the disabling barriers that characterise their encounters with the criminal justice system.     

‘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.     

Bringing the border to baby: birth registration as bordering practice for migrant women’s children

ABSTRACT

Babies born ‘out of place’ to migrant mothers pose a challenge to states seeking to restrict access to migration and citizenship. In places as diverse as Texas, Tel Aviv, and Santo Domingo, policymakers have been modifying administrative requirements to limit access to birth certificates for babies born to migrant women with temporary or irregular status as a measure aimed at discouraging their permanent settlement. This raises concerns regarding the gendered ways in which women can be controlled via their reproductive lives when childbirth is made a juncture of migration enforcement, and children’s right to an identity and a nationality violated as a result. Rights advocates are pushing back against this practice using existing human rights frameworks. This article provides an overview of what birth registration as a bordering practice looks like so that scholars, policymakers, and practitioners around the world can recognise and resist it. It focuses on the case of the Dominican Republic’s denial of birth certificates for people of Haitian descent, and an action-research project aiming to facilitate access to the Dominican civil registry for children of mixed couples (migrant mother and Dominican father). It concludes by highlighting the implications for the babies born ‘in between’ – who are at risk of statelessness and other rights violations – and pointing to international frameworks for upholding children’s right to a nationality.     

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.     

Taking Older People's Rights Seriously: The Role of International Law

ABSTRACT

Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly “more” disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.     

Travelling theory in China: contextualization,compromise and combination

In this article we explore the dissemination of human rights ideas in China through an ethnographic study of three women's organizations: the government's ‘letters and complaints’ department, the governmental NGO affiliated with it, and a legal aid centre; all are located in Beijing. We argue that there are two paths in China for the transmission of international human rights ideas – a government one and a non‐government one. The government path, featured as contextual and compromising, is rooted in socialist and collective values, and the governmental organizations we studied function squarely within the domestic legal framework and the concept of ‘women's rights and interests’. The non‐governmental path, by contrast, characterized by vernacularization, namely a combination of international ideas with local practice to promote legal reform in China, is the result of economic development and interactions with the international community. Both paths interact within their different spheres to further the development of women's rights.     

The Portuguese Disabled People’s Movement: development,demands and outcomes

The increased variety of social conflicts in the post-1960?years resulted in the extension of the individual’s participation in the state’s activity. This change was mirrored by the emergence of new social movements and the related expansion of the notion of citizenship. New groups of people, including disabled people, have emerged claiming citizenship rights. In order to do this, disabled people started to coalesce into uni-impairment and multi-impairment groups and organisations to denounce social exclusion and legal oppression, as well as to demand rights as citizens. Partially based on my research about social citizenship and the Disabled People’s Movement, this article investigates, firstly, the seeds and development of the Portuguese Disabled People’s Movement, secondly, its aims, demands and action strategies and, finally, its impact in the lives of disabled people in Portugal.     

Representations of vulnerability,innocence and evil in the murder of a disabled person

Abstract

This article uses the murder of a young man with learning disabilities as a case study to comment on the representations used in the reporting of crime against disabled people. It uses social representations theory as a theoretical lens to assist us to see that portrayals of both victim and perpetrators by the media and others serves to distance them from each other, and from mainstream society. It highlights how this process of ‘othering’ serves to disadvantage disabled people and places a disproportionate emphasis on individual characteristics.     

Rethinking law from below: experiences from the Kuna people and Rojava

ABSTRACT

This article presents a modest summary of the vivid discussions around the role of law and human rights that took place during the workshop ‘Seeking answers from below to the contemporary crisis of democracy’ in Siena in October 2018. Representatives from social movements, CSOs and academic considered law as one of the central issues to be discussed in order to better grasp and counter the global power structures. Law historically serves national and global elites’ interests, being applied to maintain the status quo of social injustice and inequalities. Therefore, this article presents some ideas and provokes some fundamental questions on how law and human rights can be part of an emancipatory project. Based on concrete experiences of the participants, from Rojava to the Kuna people, we critically discuss how legal instruments can be used to strategically defend people’s rights, strengthening the use of law from below.