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.     

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.     

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.     

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.     

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.     

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.     

No safety net for disabled children in residential institutions in Ireland

The voices of adults and children with disabilities who have experienced violence and abuse are slowly beginning to surface in the public domain. Segregated residential institutions run by religious congregations appear to be dangerous places for children with disabilities and perceived differences – according to the former residents, speaking and communicating to us today as adults in Ireland. A statutory Commission to Inquire into Child Abuse in Ireland attracted important numbers of former residents – witnesses – who recounted appalling experiences of violence as children. The UN Convention on the Rights of Persons with Disabilities contains articles concerning the prevention of cruelty, sexual assault, violence and acts of humiliation that may be useful for countries like Ireland which have been unable to ratify the Convention. The protection of children with disabilities requires legal reform in Ireland, statutory licensing, monitoring and inspection of the segregated centres where children with disabilities are living.     

Inclusive education policy provision in South African research universities

The 4-A Framework suggests that all inclusive education systems must be available, accessible, acceptable and adaptable. South Africa is committed to establishing an inclusive education system that does not exclude students with disabilities. South African university disability policies translate the imperatives of the United Nations Convention on the Rights of Persons with Disabilities into institutional mandates that govern the implementation of inclusive education. The aim of this study was to determine to what extent disability policies at South African research-intensive universities addressed the markers contained in the 4-A Framework. The framework was reworked and operationalised for the higher education context, and expanded to include a fifth marker, namely affordability. A deductive thematic analysis, using a protocol based on the five markers, was used to analyse these policies. Results indicate that, of the five markers, affordability was not sufficiently addressed. Various disclaimers also limit policy provisions related to other markers.     

Voices from Vietnam: experiences of children and youth with disabilities,and their families,from an Agent Orange affected rural region

This study examines the experiences of young people with disabilities from ethnic minorities, and their families, in central Vietnam. The study is set in an area contaminated by Agent Orange during the Vietnam War. Data were gathered from interviews with youth with disabilities and interviews and focus groups with mothers who had children with disabilities. Respondents expressed confronting multiple barriers to inclusion, education, health and well-being similar to other persons with disabilities and their families from around the world. Participants sought broad-ranging human rights as they described experiencing stigmatization and marginalization from negative social reaction toward disabilities and by residing in a location known for dioxin contamination. The participants’ voices are not only important in informing program responses to support implementation of Vietnam’s new National Law on Persons with Disabilities, but also timely as the US government considers proposed legislation providing material support for Vietnamese nationals affected by Agent Orange.     

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.     

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.     

Disability inclusive elections in Africa: a systematic review of published and unpublished literature

The United Nations Convention on the Rights of Persons with Disabilities underscores the equal right of persons with disabilities to participate in political life. However, in Africa they are often unable to exercise their right to vote. This study sought to systematically review available evidence on inclusive elections in Africa. Findings showed that although most African countries ratified disability-focused legislation and proclaimed equal opportunities, the implementation of the legislation varies across the continent. Barriers to political participation can occur at any electoral stage and can be broadly categorised into three groups: lack of education and financial resources; stigma and negative social attitudes; and inaccessible physical infrastructure.     

Intellectual disabilities,domestic violence and legal engagement

There is increasing recognition that legal responses to domestic violence can only be effective if those who implement the law – for example, child protection workers, police and magistrates – are also effective. This article draws on the narratives of women with intellectual disabilities to analyse their experiences of engaging with the legal system as a response to domestic violence. In particular, the article considers whether they have access to appropriate support to utilise the remedies afforded by the law on an equal basis to survivors without disabilities. In considering this we draw on the concept of supported decision-making, an approach recommended by the United Nations Convention on the Rights of Persons with Disabilities.     

Persons with disabilities and the Colombian armed conflict

This article is about the armed conflict in Colombia and the situation for people with disabilities. Decades of internal conflict have created a complex situation which both gives rise to disability but also fails to take account of the many urgent needs of people with disabilities. Despite the ratification by Colombia of the UN Convention on the Rights of Persons with Disabilities, persons with disabilities are still not accorded a voice in the peace agreements. Although there is little known about the extent of disability in Colombia, it is important to understand the history of the Colombian armed conflict to see how it impacts on disability issues. We conclude by highlighting the legal instruments in Colombia which provide opportunities now to redress some of those wrongs.     

中国残疾人事业法治建设三十年之回眸与前瞻

《残疾人保障法》实施30年来,中国残疾人事业法治体系和权利保障机制不断发展完善,促成了残疾人平等享有全面小康生活,也为世界人权话语丰富了“人类命运共同体”内涵,拓展了基于人权的发展路径。在全面建设社会主义现代化新时期,要进一步完善残疾人权利保障的法治体系,需要坚持融合发展原则,注重社会治理和社群赋能策略,在法律能力、无障碍、教育就业和司法保护等领域进行制度革新。     

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.     

Precariously placed: housing affordability,quality and satisfaction of Australians with disabilities

Access to adequate, safe, secure, accessible and affordable housing is a fundamental human right and one stipulated in the United Nations Conventions on the Rights of Persons with Disabilities. Australian adults with disabilities experience housing disadvantage including homelessness, poor-quality housing and housing unaffordability; however, we lack a comprehensive comparison of the housing circumstances of people with and without disabilities and differences by impairment type. We analysed data from a nationally representative sample of 11,394 working-aged Australians collected in 2011. We found that people with disabilities experienced disadvantage across all housing indicators, and people with intellectual and psychological disabilities fared worst. These findings suggest that there is a housing crisis for Australians with disabilities, which may intensify with the introduction of the National Disability Insurance Scheme. There is a need to develop long-term housing solutions that promote independence, are accessible and affordable, and that consider location and neighbourhood context.     

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.     

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.     

Mainstreaming disability in policies: the Flemish experience

Although research on gender mainstreaming (GM) is extensive, literature on disability mainstreaming (DM) is scarce. This article builds on the experience of GM to explore the conditions affecting DM, focusing on the first Flemish policy cycle of DM (2010–2014) in two policy domains: employment and education. We found no substantive difference in the conditions necessary for the successful implementation of DM compared with that of GM. Also, developments specific to the policy domains had more influence on the inclusive character of policies than did the UN Convention on the Rights of Persons with Disabilities or the Flemish approach to DM.