Search

The article is devoted to the study and analysis of the acts defining the rights of persons with disabilities, providing for the ways of their guarantee and protection, which were adopted within the Council of Europe. The concept of human rights mechanisms, in particular, in the activities of regional international intergovernmental organisations, is revealed. The author demonstrates the complex multilevel nature of the European system of human rights protection, which includes special regulatory and institutional instruments. Some acts of the so-called 'soft law' of the Council of Europe are analysed. It is shown that the first documents of the Council of Europe in the field of the rights of persons with disabilities concerned mainly the economic rights of this category of persons. Particular emphasis was placed on the importance of ensuring the required number of jobs, professional retraining and professional assessment of employees who have lost the ability to perform certain types of work. With the further improvement of human rights protection mechanisms, the Council of Europe's strategy for ensuring the rights of persons with disabilities has also changed. Member states agreed on the importance of expanding the range of freedoms for people with disabilities. This was due to the existence of numerous barriers to access to social services, cultural life of society, diversification of leisure activities, etc. The recommendations that were subsequently adopted included provisions on the absolute prohibition of discrimination on the basis of disability in such areas as education, transport, public services, political, social and cultural life of the state. The article also analyses the concept of universal design, which was introduced to ensure that the infrastructure of European countries is accessible so that every person with a disability can receive the necessary social services with minimal interference from third parties. The article examines the issue of protection of persons with disabilities from violence and ill-treatment, whether committed by relatives, healthcare professionals or third parties. The author identifies the categories of persons who are more vulnerable due to the combination of disability with certain other characteristics, such as age, gender, social status, citizenship, etc. The author reveals a new approach of the Council of Europe to ensuring the rights of persons with disabilities, which provides for the elimination of social barriers and their full integration into society. [ABSTRACT FROM AUTHOR]

The right to be present at trial is under threat following the decision of the International Residual Mechanism for Criminal Tribunals' Trial Chamber to continue proceedings against Félicien Kabuga after finding him mentally unfit to stand trial. The Trial Chamber opted instead to hold an "alternative finding procedure", resembling a trial as closely as possible, albeit without the possibility of concluding with a verdict. This article engages with that decision through the lens of whether this approach complies with the accused's right to be present at trial. It concludes that the proceedings would be little more than a de facto trial that does not adequately respect the accused's right to be present. It also finds that should other international criminal courts and tribunals follow a similar approach the right to be present would be deprived of any real meaning. This could also, in turn, threaten overall fairness of the proceedings. [ABSTRACT FROM AUTHOR]

Individuals with disabilities constitute a significant minority in human society. However, despite the existence of Islamic, international, and domestic fundamental principles of human rights such as inherent dignity and equality, this group has faced deprivation in realizing their rights compared to others. The necessity of effective measures to guarantee their rights has raised the issue of "positive discrimination," which functions as a supportive basis in international documents, Islamic standards, and domestic laws. The main question of this paper is: What are the effects and consequences of positive discrimination as a supportive basis for ensuring and protecting the rights of persons with disabilities in domestic and international systems? This article, recruiting a descriptive-analytical approach, concludes that positive discrimination, due to its rational and intrinsic basis, legitimizes and serves as a significant factor in identifying protective rights for individuals with disabilities. The primary legal impact of positive discrimination lies in the recognition of this element in domestic laws and international documents, allowing persons with disabilities to enjoy their rights and equal social participation like other citizens. In this regard, the Convention on the Rights of Persons with Disabilities adopted in 2006 and the Law on the Protection of the Rights of Persons with Disabilities passed by the Islamic Consultative Assembly in 2017 are considered symbols of the influence of positive discrimination in supporting persons with disabilities. However, it is worth noting that domestic measures have a stronger executive backing compared to the international arena. Nevertheless, it should be acknowledged that comprehensive theoretical discussions on positive discrimination for individuals with disabilities have not been adequately addressed in the legal literature of Iran.

Copyright of Comparative Studies on Islamic & Western Law is the property of University of Qom and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Gerard Quinn is the United Nations (UN) Special Rapporteur on the rights of persons with disabilities. A graduate of Harvard Law School, he founded and directed the Centre for Disability Law & Policy at the National University of Ireland for many years. He sat as a member of the Council of Europe's treaty body on social rights and served as a civil servant in the European Commission, where he drafted European Union disability policies. He has conducted many large studies for the UN, including a 2002 Study that helped launch the drafting of the UN Convention on the Rights of Persons with Disabilities. He led the delegation of Rehabilitation International during the drafting of the treaty. He has received many lifetime awards for his work on international disability law from the US International Council on Disability, the European Association of Service Providers for Persons with Disabilities and Rehabilitation International. He was conferred with an honorary doctorate for his worldwide disability law work by Lund University in 2022. He has held honorary positions at the National Academy of Legal Studies and Research (NALSAR; Hyderabad, India), Wuhan University (China), Fudan University (Shanghai), University of New South Wales (Sydney), Deakin University (Melbourne), Harvard Law School and Haifa University (Israel). He served on the Council of State in Ireland where he advised the President on constitutional law matters. His hobbies include folk music and storytelling. [ABSTRACT FROM AUTHOR]

Article 11 of the Convention on the Rights of Persons with Disabilities requires that the rights and protections of the Convention not be derogated or suspended during "situations of risk, including situations of armed conflict". Even so, persons with disabilities are still often the group most disproportionately impacted by armed conflict. This reality is not due to a failing of international humanitarian law to protect and consider persons with disabilities; rather, it is due to a failure to mainstream disability into the application of and approach to existing protection frameworks. Impactful mainstreaming of disability necessitates the inclusion of all relevant mutually reinforcing legal frameworks and traditions. By examining four main areas – military operations, evacuation, humanitarian assistance, and long-term assistance and services – this paper argues that the protection of persons with disabilities in armed conflict, and specifically within Muslim contexts, will be enhanced through the inclusion and consideration of Islamic law. [ABSTRACT FROM AUTHOR]

This paper aims to contribute to the debate on People with Disabilities and their interface with the professional activities of social workers in this segment today. The methodology used is linked to the critical-dialectical perspective based on a bibliographical and documentary research on the subject through the systematization of the main aspects of this debate to deepen the reflections and actions in the field of Social Work. Thus, it is presented here the journey of People with Disabilities in Brazil, the biomedical and social models on disability, the typification of disabilities that underlie professional actions, the legislation on the rights of these people and their relationship with public policies. In conclusion, this debate is urgent to consolide a more inclusive and democratic society. [ABSTRACT FROM AUTHOR]

Aims. Previous research has shown that people with disabilities are disproportionately vulnerable to symptoms of psychological distress after exposure to armed conflict. Past work has also shown that individuals displaced by conflict are at heightened risk of post-traumatic stress. Using a national online sample of Ukrainians in the early weeks of the 2022 Russian invasion, we aim to examine associations between functional disability and symptoms of post-traumatic stress. Methods. We examined the association between levels of functional disability in the Ukrainian population and symptoms of post-traumatic stress during the 2022 Russian invasion of Ukraine. We analysed data from a national sample of 2000 participants from across this country, assessing disability using the 12-item World Health Organization Disability Assessment Schedule (WHODAS-12)(six domains of disability) and the International Trauma Questionnaire assessment of post-traumatic stress disorder (PTSD) symptomatology according to the Eleventh Edition of The International Classification of Diseases (ICD-11). Moderated regression examined the impact of displacement status on the disability-post-traumatic stress relationship. Results. Different domains of disability predicted post-traumatic stress symptoms (PTSSs) to varying extents, with overall disability score significantly associated with PTSSs. This relationship was not moderated by displacement status. Consistent with previous research, females reported higher levels of post-traumatic stress. Conclusions. In a study of a general population during a time of armed conflict, individuals with more severe disabilities were at greater risk of PTSSs. Psychiatrists and related professionals should consider pre-existing disability as a risk factor for conflict-related post-traumatic stress. [ABSTRACT FROM AUTHOR]

This article discusses advance statements in mental health care, which allow individuals with mental disorders to express their preferences for treatment during mental health crises. Despite the evidence supporting their effectiveness, their implementation in clinical practice remains limited. This article explores variations among advance statements, such as psychiatric advance directives (PADs), joint crisis plans (JCPs) and self-binding directives (SBDs), highlighting their content, development process and legal status. We outline the benefits of advance statements, including empowerment, early intervention, improved therapeutic relationships and reduced compulsory admissions. We then draw attention to the challenges that may contribute to their lack of implementation, including legal complexities, communication issues, cultural factors, potential inequities, healthcare provider knowledge, changing preferences, resource constraints, crisis responses, data privacy, family involvement, and long-term evaluation. In conclusion, advance statements offer significant benefits but require addressing these critical aspects to ensure ethical and effective use. Bridging the evidence-to-practice gap is essential, with a focus on implementation science. Integrating these tools into routine clinical practice can significantly benefit individuals with severe mental disorders and mental health systems. [ABSTRACT FROM AUTHOR]

This article discusses advance statements in mental health care, which allow individuals with mental disorders to express their preferences for treatment during mental health crises. Despite the evidence supporting their effectiveness, their implementation in clinical practice remains limited. This article explores variations among advance statements, such as psychiatric advance directives (PADs), joint crisis plans (JCPs) and self-binding directives (SBDs), highlighting their content, development process and legal status. We outline the benefits of advance statements, including empowerment, early intervention, improved therapeutic relationships and reduced compulsory admissions. We then draw attention to the challenges that may contribute to their lack of implementation, including legal complexities, communication issues, cultural factors, potential inequities, healthcare provider knowledge, changing preferences, resource constraints, crisis responses, data privacy, family involvement, and long-term evaluation. In conclusion, advance statements offer significant benefits but require addressing these critical aspects to ensure ethical and effective use. Bridging the evidence-to-practice gap is essential, with a focus on implementation science. Integrating these tools into routine clinical practice can significantly benefit individuals with severe mental disorders and mental health systems.

Abstract Aims Previous research has shown that people with disabilities are disproportionately vulnerable to symptoms of psychological distress after exposure to armed conflict. Past work has also shown that individuals displaced by conflict are at heightened risk of post-traumatic stress. Using a national online sample of Ukrainians in the early weeks of the 2022 Russian invasion, we aim to examine associations between functional disability and symptoms of post-traumatic stress. Methods We examined the association between levels of functional disability in the Ukrainian population and symptoms of post-traumatic stress during the 2022 Russian invasion of Ukraine. We analysed data from a national sample of 2000 participants from across this country, assessing disability using the 12-item World Health Organization Disability Assessment Schedule (WHODAS-12)(six domains of disability) and the International Trauma Questionnaire assessment of post-traumatic stress disorder (PTSD) symptomatology according to the Eleventh Edition of The International Classification of Diseases (ICD-11). Moderated regression examined the impact of displacement status on the disability–post-traumatic stress relationship. Results Different domains of disability predicted post-traumatic stress symptoms (PTSSs) to varying extents, with overall disability score significantly associated with PTSSs. This relationship was not moderated by displacement status. Consistent with previous research, females reported higher levels of post-traumatic stress. Conclusions In a study of a general population during a time of armed conflict, individuals with more severe disabilities were at greater risk of PTSSs. Psychiatrists and related professionals should consider pre-existing disability as a risk factor for conflict-related post-traumatic stress.

Aims: The concept of recovery is featured in the strategic plans of the World Health Organization as well as in other national mental health plans; however, there have been differing interpretations of what it means. This article aims to achieve a consensus on the key aspects of recovery in mental health from the perspective of movements of users and survivors of psychiatry at an international level. Four specific objectives were proposed in this study: (1) to identify what recovery in mental health means, (2) to identify the indicators that a person is progressing in their recovery, (3) to determine the factors that facilitate the recovery process, and (4) to determine the factors that hinder the recovery process., Methods: A three-round e-Delphi study was conducted with the participation of 101 users and survivors of psychiatry, adhering to the CREDES checklist to ensure methodological rigour., Results: The results reveal 26 key aspects that define recovery, 31 indicating that a person is progressing in their recovery process, 8 that facilitate recovery and 12 that hinder recovery. The most agreed-upon statements for defining recovery highlight the importance of empowerment, leading a fulfilling life, ensuring safe-living conditions and acknowledging individuals as holders of rights. Similarly, empowerment and agency were highly agreed upon as relevant recovery indicators. Key findings underscore the significance of a supportive and respectful social environment in facilitating recovery, while coercion, discrimination and lack of support from significant others hinder recovery., Conclusions: Despite cultural differences and recovery's subjective nature, our results demonstrate that an international consensus on critical recovery aspects is attainable. Highlighting a significant shift, we emphasize the 'Transition' process to signify moving away from the biomedical model approach and advocating for collective rights. Our findings advocate for empowerment, users' rights and the move towards person-centred care that integrates social, political and economic contexts. These consensus statements lay the groundwork for future research across diverse regions and cultures, offering insights into recovery's meaning and potential for innovative approaches in diagnosis, intervention and evaluation.

At the current stage of the development of society the problem of social protection and state support for people with disabilities is particularly relevant and requires reform and improvement. Ukraine, as a country aspiring to join the European Union, should take into account the best foreign experience of the leading countries of the world in the field of state policy to support people with disabilities and its implementation. The process of reforming the national healthcare system demonstrated the ineffective policy in this area, the high level of corruption and the inability to transform this system to the level of world standards of medical care, especially for people with disabilities. The problem of disability in Ukraine is becoming particularly acute. The goal of this article is to investigate the system of economic means of state administration of the rights of people with disabilities to healthcare, to identify the areas of budgetary management and the formation of a new mechanism of economic administration. Scientific analysis was carried out by using the method of systematic approach and analysis, which enabled us to study theoretical aspects of economic methods of state administration of the right of people with disabilities to healthcare, formation of the budget management in Ukraine for the economic security of the rights to healthcare, and features of the new mechanism of the economic administration of the right of people with disabilities to health care. It has been researched that along with administrative methods of state management of the right to health protection of people with disabilities the economic group of methods is important. These include programs of economic development of health care, rehabilitation programs for people with disabilities, implementation of pilot projects to change the mechanism of financial support for operative treatment, etc. Methods of regulating influence (indirect management) are becoming increasingly important, and economical methods of management belong to them. Implementation ensures that the financial and material interests of the management objects are satisfied through the activities of its subjects, which create favorable conditions for achieving the goals and objectives of management. For example, local self-government bodies, within the limits of their competence, can finance local programs for the development and support of community healthcare institutions. In 2019, a new mechanism of rehabilitation support for children with disabilities was introduced based on the principle of "money follows the people", which should ensure targeting, transparency and improve the quality of rehabilitation services. Resources are divided vertically among regional bodies, which divide budgetary funds among local bodies in proportion to the number of children who require rehabilitation measures, according to the place of their residence (location). The national legislation also reflects the norms that created the conditions for the implementation of the right to work of people with disabilities, as well as ratified Convention on the Rights of Persons with Disabilities and the ILO Convention on professional rehabilitation. From the point of view of the Ministry of Healthcare of Ukraine, the funds allocated by the state are extremely insufficient for the uninterrupted functioning of the medical system. In its budget memorandum for 2021 the ministry has allocated twice as much – 296 billion UAH, 225 billion UAH of which for the implementation of the medical guarantee program (which is 5% of GDP, as required by the Law of Ukraine "On State Financial Guarantees of Medical Services to Population"). But the proposals of the Ministry of Health both at the time of formation of the state budget and at the time of its approval were not taken into account. The requirement of the Law of Ukraine "On State Financial Guarantees of Medical Services to the Population" for the establishment of financing of the program of medical guarantees at the level of 5% of GDP was lengthened for one more year.

Purpose: Awareness of human rights are significant in the safety of the citizen of a country. While the government has set up detailed rights for people with disabilities, due to the lack of awareness many people with disabilities in Pakistan are not able to access educational, vocational or employment facilities. The purpose of this study was to evaluate people with disabilities’ awareness of their rights as citizens of Pakistan. Methodology: The study was quantitative in nature. To collect and evaluate data, the researcher designed a questionnaire of twenty-four statements. The variance was calculated to evaluate awareness based on the age, gender, employment status and disability of the participants. Findings: Major findings of the study revealed that participants of age twenty-seven and above and who were employed, were aware of most of the mentioned rights, while participants who were below age twenty-seven or students, were unaware or partially aware of most of the mentioned rights. Implications: Seminars and webinars should be conducted to the awareness of the rights of people with different abilities in educational institutions for people with disabilities, for parents of children with disabilities as well as for the common public so, that people with different abilities feel included and safe in society.

The aim of this article is to present and analyze the most important provisions contained in the conventions of the Council of Europe with regard to rights of persons with disabilities. The abundant normative acquis of the Council does not offer a specific convention devoted this subject, but the issue of protecting the rights of persons with disabilities is governed by provisions of its various other conventions. The stipulations of the European Social Charter and the Revised European Social Charter are of crucial importance in this respect. With this in mind, the authors present the content and interpretation of Article 15 of both Charters and the position of the European Committee of Social Rights on this matter. The authors also point to the most important provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms – in particular with reference to the prohibition of discrimination – and to the relevant case law of the European Court of Human Rights.

The main aim of this study is to prove that the Convention on the Rights of Persons with Disabilities is not an effective tool to protect all older people because it does not take into account the specificities of ageism and discrimination based on older age. It does not regulat violence, neglect and abuse of older people, their digital exclusion, lifelong learning, preparation for old age, shaping a friendly environment for ageing or intergenerational solidarity. To prove the above assumption, I compare factors that led to the adoption of the Convention on the Rights of Persons with Disabilities with an initiative to adopt a global convention on the rights of older persons. Furthermore, I analyse the provisions of the 2006 Treaty, pointing out those that could be used as a model for a future Convention on the Rights of Older Persons. At the same time, I identify areas not protected by the Convention on the Rights of Persons with Disabilities, but extremely important for older people. The analysis led to an assumption that the Convention on the Rights of Persons with Disabilities should serve as a model for shifting a paradigm of an older person and old age. With a human rights-based approach, like people with disabilities, older people would start to be seen not as recipients of assistance, mainly medical, but as full members of society. Thus, the Convention on the Rights of Persons with Disabilities should not weaken the motivation for adopting the new convention but should be considered its guide.

On 22 October 2020, the Polish Constitutional Tribunal has declared provisions admitting eugenic abortion unconstitutional (case sign. K 1/20). Tribunal stated that the said provisions that sanction eugenic practices in relation to the unborn child deny respect and protection of human dignity (Art. 30) and the principle of legal protection of the life of every human being (Art. 38). Tribunal has not referred to another objection indicated in the MPs' motion that making the protection of unborn child's right to life dependent on its health status was tantamount to illegal direct discrimination (Art 32). Nevertheless, it seems noteworthy to underline that a negative assessment of a disease, handicap, or disability is not legally tantamount to a negative assessment of the affected human beings, their dignity and the value of their life. Human life valued so highly on normative grounds, regardless of the person's health condition, means that the life of a conceived child with malformations should be protected under penal law to the same extent as the life of a conceived and properly developing child. The admissibility of selective abortion based on the health status of the foetus must be recognized as unacceptable, just as abortion based on gender, race or social origin of the child. [ABSTRACT FROM AUTHOR]

The Convention on the Rights of Persons with Disabilities presents a social approach to disabilities. In accordance with this conception, the origin of the discrimination suffered by persons with disabilities is mainly social because we have designed our society without universal access for everybody. There is a normality criterion, based on physical capabilities, intelligence, race and gender that excludes many people from that canon. The different contemporary liberal theories of justice have discussed disabilities thinking about how the State could compensate brute luck. In this context, does universal basic income play some role? Van Parijs in Real Freedom for All defends a unanimous criterion to compensate for brute luck. That compensation would be made before distributing an equal basic income among everybody. In this paper, UBI will be studied in the context of the debate about rights of persons with disabilities. Firstly, the argument given by Van Parijs will be discussed because the unanimous requirement does not fit with a social understanding of disabilities. Secondly, if we consider a right to UBI, it is necessary to study which role this right can play in the life of people with disabilities and if we can say that this right has a universal design. In this point, it will be studied whether UBI can establish some type of indirect discrimination against people with disabilities and if so, which type of reasonable accommodation would be necessary to eliminate that discrimination.

The Convention on the Rights of Persons with Disabilities is an instrument of social transformation and not only for lives of people with disabilities. The fundamental objective of the Convention is the autonomy of persons with disabilities. However, achieving that objective poses challenges and difficulties, including determining the content and scope of the concepts and terms contained in the Convention. But it is necessary to carry out this task since otherwise the protection of the rights of persons with disabilities would be impossible.

This article sets out the methodology and findings of a Human Rights Impact Assessment (HRIA) of the Trade in Services Agreement (TiSA) for Mauritius. It presents analysis of possible impacts of services trade liberalisation and deregulation on the right to water, on labour rights and on labour migration. By examining impacts of trade-related policies through the lens of human rights law, this article brings to the fore how an HRIA can strengthen trade policy-making, and how it can provide African negotiators and other stakeholders with legal and conceptual arguments to strengthen their positions in economic negotiating contexts that are often highly complex. The article is a contribution to the literature in that it provides insights into the underexplored area of human rights impacts of liberalisation of trade in services, and in that it illustrates through specific examples how the human rights analytical framework can be applied to services trade negotiations in other fora, and to economic policy more broadly. [ABSTRACT FROM AUTHOR]

Background and Aim: People with disabilities, as one of the largest minorities in the world, are exposed to various forms of discrimination and social deprivation. Benefit. The purpose of this article is to study the support provided to people with disabilities in international and domestic documents and to examine their legal guarantees based on the moral norms of society. Materials and Methods: This scientific-research article is of review-analytical type and its information has been collected by library-documentary method. Findings: What has been achieved after studying, evaluating and comparing is that the rules related to people with disabilities, both nationally and internationally, have numerous shortcomings. In fact, the Convention on the Rights of Persons with Disabilities is the only international document that specifically addresses the social rights of the disabled are addressed. In the internal documents, the comprehensive law for the protection of the disabled has tried in its sixteen articles to somehow lead this vulnerable group to achieve their fraudulent rights. Ethical Considerations: Ethical considerations have been observed in all stages of research, including the study and collection of data, their documentation and analysis. Conclusion: Because we are a value and ethics-oriented society, adhering to ethical norms can be very crucial in supporting the disabled. Revision of domestic law and their harmonization with the provisions of the Convention is a very effective step for the implementation of the rights of persons with disabilities. [ABSTRACT FROM AUTHOR]

This article presents a critical analysis of the case-law of the ECtHR with regards to the interpretation of the notion of 'a person of unsound mind' under Article 5 § 1(e) of the Convention. According to the Court, only a person who has been reliably diagnosed with a mental disorder and who poses a danger to himself or others can be legally detained as 'a person of unsound mind'. However, the notion of 'unsoundness of mind' is not limited to such mental disorders which are treatable or which deprive the persons affected of their ability to self-control and so in the past the Court applied the said provision of the Convention to, among others, persons diagnosed with personality disorders or paedophilia who commited crimes acting with full criminal responsibility. The article argues that such a definition of the notion 'a person of unsound mind' is not sufficiently clear, what is dangerous from the perspective of protection of personal liberty. For this reason, the article proposes to limit the scope of the analysed notion to persons affected by such mental disorders that exclude or significantly reduce their ability to make informed decisions about their own health and/or to control their own behaviour and recognise the meaning of their own actions. Only then, provided that other criteria developed in the Court's case law, such as dangerousness for self or others and lack of less restrictive alternatives, have been satisfied, detention of person with mental disorder may be consistent with the object and purpose of the Convention. [ABSTRACT FROM AUTHOR]

The full inclusion of people with disabilities in the human rights discourse demands a profound review of some of the key references of this discourse. This review implies conceiving the vulnerability associated with disability as a social disadvantage that generates situations of discrimination and violation of rights. The International Convention on the Rights of Persons with Disabilities clearly reflects this new theoretical framework from which to make real the universality of human rights for persons with disabilities. [ABSTRACT FROM AUTHOR]

The discussion of the achievements and limitations of the strategies prioritised in global mental health that has taken place in recent years contributed to a unified vision for action that addresses the gaps still existing on prevention, treatment, quality of care and human rights protection. This editorial presents four reflections on the impact of this vision on the definition of future priorities, particularly in the areas of policy implementation, services reconfiguration and organisation, human rights and research. It concludes that further debate is needed to redefine the balance between priorities and strategies that can better promote an effective response to the needs of low and middle income countries, and to ensure an efficient coordination of efforts in the future. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Social Affairs is the property of Journal of Social Affairs and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: The national policy on disability in Namibia is overdue for review having been in existence for over 20 years. In 2017 the government of Namibia expressed intentions to review the policy. Concerns that can be framed as occupational injustice were raised by persons with disabilities in Namibia. Aim: To gather evidence from persons with disabilities; disability policy decision makers and occupational therapists for contributing towards disability policy formulation using an occupational justice perspective. Method: In-depth interviews were conducted with 15 persons with disabilities and eight disability policy decision-makers. Two focus groups were conducted with a total of 17 occupational therapists working in Namibia. NVivo 11 Pro version was used for thematic data analysis to generate themes with critical disability theory as the theoretical framework. Findings: Occupational participation barriers identified in the study were: attitudinal, access, physical, expertise, and systemic. These barriers can be framed as occupational marginalization, occupational deprivation and occupational alienation. All participant groups suggested policy reforms to promote occupational participation among persons with disabilities. Conclusion/Significance: There is potential for applying the participatory occupational justice framework in disability policy formulation to promote participation in occupations that are meaningful, and culturally relevant to persons with disabilities in Namibia. [ABSTRACT FROM AUTHOR]

Children's participation in healthcare decision-making occurs within intricate ethical, legal, cultural, and social contexts. The United Nations' Convention on the Rights of the Child (CRC) and the Convention on the Rights of Persons with Disabilities (CRPD) advocate for children's autonomy and decision-making. On one hand, in many countries, including Canada and Japan, promoting a child's autonomy often hinges on the concept of the child's capacity. On the other hand, the CRPD introduced a social model approach to comprehending disability. This presentation reviews the current practising frameworks for children's healthcare decision-making in Canada and Japan, discussing the role of capacity in supporting the child's autonomy. Additionally, it compares the current status of the deinstitutionalisation of children in both countries and discusses the implication of the social model approach introduced in CRPD. Within the current medical and legal frameworks, capacity's role does not seem dismissible in promoting the child's participation in healthcare decision-making. While some argue that placing the child in an institution or residential care may be justified in limited circumstances to safeguard their best interests, others express concern that these exceptions could lead to prolonged institutionalisation of children with disabilities. Conclusion: Further deliberation concerning the interpretation and implementation of the CRPD and its relationship with the CRC is imperative. [ABSTRACT FROM AUTHOR]

The work starts with an introduction on general informations about rights of persons with disabilities in Serbia, the problems they are facing and the legal framework. The next chapter analyses rights of persons with disabilities in UN Convention on the Rights of Persons with Disabilities and its ratification in Serbian Constitution and laws. The main focus is the concept of accessibility and access to the environment. Afterwards, the next chapter deals with Serbian laws for people with disabilities: Constitution, Ratification Law, Law about vocational rehabilitation and employment of persons with disabilities, Law about prevention of discrimination of persons with disabilities. And finally, the last chapter concludes the paper with pointing out the urgentness of creating an environment for all by promoting the rights of those with disabilities, by providing access to justice, accessibility for services and normal unobstructed life for everybody, without any form of discrimination.

On November 3, 1906, at the 37th Meeting of South-West German Psychiatrists, Dr. Alois Alzheimer, reported on “a peculiar severe disease process of the cerebral cortex”. The disease with which he is associated has continued to elude a cure and is forecast to afflict one in eighty-five persons globally by 2050. Health care providers, researchers, and governments are on notice to explore different ways of understanding and addressing Alzheimer’s Disease and Related Dementias (ADRD) as demands for resources and funding escalate. One of those approaches, person-centered care (PCC), puts a focus on the individual, not the disease, emphasizing ability and enablement, and recognizing people with dementia as having rights of choice, personal empowerment, and self-determination. We expand on the concept of “dementia friendly communities,” embodying PCC, to envision how spaces, programs, and services within cultural heritage institutions such as galleries, libraries, archives, and museums (GLAM), could be re-thought and designed to enhance the everyday life experience of persons with ADRD. Impetus for such initiatives is provided further through the articulation, acceptance, adoption, and promotion of the rights of those with dementia as the rights of persons with disabilities. This emphasis on rights is important as it has behind it the force of international agreement and legally-binding United Nations’ Convention on the Rights of Persons with Disabilities (2008). We argue that cultural heritage institutions have a responsibility and a rationale for servicing those who have been marginalized across time by what they have rather than who they are.

India signed the United Nations Convention on the Rights of Person with Disabilities (UNCRPD) and subsequently ratified the same on October 1, 2007. The UNCRPD proclaims that disability results from an interaction of impairments with attitudinal and environmental barriers which hinders full and active participation in society on an equal basis. Further, the convention also mandates the signatories to change their national laws, to identify and eliminate obstacles and barriers, and to comply with the terms of the UNCRPD. In this regard, the Government of India initially undertook the amendment of laws such as Persons with Disability Act, 1995 (PWD Act 1995). The Rights of PWD Act, 2016 (RPWD Act 2016) replaced the PWD Act 1995 to comply with the UNCRPD. The new act was fine-tuned considering the socio-cultural and local needs of the society, and the available resources. Persons with Mental Illness (PMI) are often stigmatized and discriminated, which hinders their full and active participation in society. This is a much larger issue, especially in women, gender minorities, backward communities, and the poor and the migrated populations. Adding to the complexities, PMIs are often not aware of their illness, refuse the much-needed treatment and often are not in a place to exercise their rights. There is an urgent need to address this issue of attitudinal barrier so that the rights of PMI are upheld. Hence, this article discusses challenges and opportunities in the RPWD Act 2016 from the perspective of PMI. [ABSTRACT FROM AUTHOR]

The purpose of the research is to provide a legal analysis of the labour activities of persons with disabilities in the Russian Federation. The authors consistently address employment issues of the persons with disabilities; also based on a review of Russian judicial practices, they formulate recommendations for the harmonisation of this vital area of labour relations. The research used the methods of system-oriented analysis, content analysis and comparative analysis. Based on the scientific analysis, the features and prospects of the development of legal regulation of employment of persons with disabilities were identified, and the comparative analysis method to identify areas of practice in the application of Russian federal and regional laws in Russia. At the beginning of the article, a historical excursion to the creation of the institution of labour relations with the involvement of persons with disabilities is provided; it starts from the second half of the 18th century until the end of the Soviet era, in the 1990s of the 20th century. Further, based on an analysis of the main legal instruments regulating the specified area of relations, the authors consider issues of the legislative consolidation of the procedure for quoting jobs for persons with disabilities, and also analyse the legal forms of protecting the labour rights of persons with disabilities and preventing discrimination on the basis of disability. Special focus is put on exercising control over the fulfilment by employers of the legal requirements concerning the provision of disabled people with jobs according to the established quota, as well as compliance with the related requirements established by sanitary rules. In Russia, the realisation of the right to work of disabled people is regulated not only at the federal but also regional level. Top priority is given to the regulation of labour relations involving disabled people and creation of the most favourable conditions for them in the constituent entities of the Russian Federation. In conclusion, the authors provide a list of proposals and recommendations for improving the legal regulation of labour relations in the Russian Federation involving disabled people.

The article shows the role of Russian ratification of the UN Convention on the Rights of Persons with Disabilities. Problem analysis of kind of services for chil- dren with disabilities and lifelong disabled persons is performed using a schema “Alternative living models for a lifelong disabled person in Russia”. The article demonstrates the main content of early intervention programs and the role and place of a multidisciplinary team of program experts. We discuss the main aspects of the problems related to education for disabled children, the features of linkage between social services and social support for children with disabilities and families raising them. Attention is paid to the development and widespread implementation of hospital- substituting technologies. The article presents con- cept of a pilot project of the Foundation for children in difficult life situation to facilitate the social adaptation of disabled persons. Author made a conclusions on increasing authorities’ attention to disable person’s needs, the need for change in the current legislation according to UN Convention, and annexations to federal legislation governing the rights of disabled children and lifelong disabled persons, the need to develop public policies using all available resources and the experience of socially oriented NGOs primarily.

Copyright of Studia Historica. Historia Contemporánea is the property of Ediciones Universidad de Salamanca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Sashka Trajkovski defended her master thesis on 3th November 2014 at the Institute of Special Education and Rehabilitation, Faculty of Philosophy, University “Ss. Cyril and Methodius” -Skopje, in the presence of a commission composed of: Prof. Dr. Risto Petrov, Prof. Dr. Daniela Dimitrova Radojichikj and Prof. Dr. Natasha Chichevska Jovanova.

To implement the United Nations Convention on the Rights of Persons with Disabilities, the statutory accident insurers developed an action plan running from 2012 to 2014. This should contribute to realization of this convention and to further branding the concept of the statutory accident insurance as social insurance. [ABSTRACT FROM AUTHOR]