A New Human Rights Model of Disability

Degener, Theresia

doi:10.1007/978-3-319-43790-3_2

Cited by 124 publications

(75 citation statements)

References 19 publications

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“…The human rights model of disability includes both sets of human rights: political, and civil and economic, and cultural rights. These two baskets of human rights, which have been adopted as distinct categories of human rights during the cold war area for political reasons, 5 are fully incorporated in the CRPD as they are in the Universal Declaration of Human Rights (UDHR) of 1948 [33]. The legal hierarchy of civil and political rights over economic, social and cultural rights is slowly but steadily decreasing through international jurisprudence and the strengthening of monitoring and implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR) [34].…”

Section: Proposition 2: Human Rights Are More Than Anti-discriminationmentioning

confidence: 99%

Disability in a Human Rights Context

Degener

2016

Laws

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Abstract:The Convention on the Rights of Persons with Disabilities (CRPD) is a modern human rights treaty with innovative components. It impacts on disability studies as well as human rights law. Two innovations are scrutinized in this article: the model of disability and the equality and discrimination concepts of the CRPD. It is argued that the CRPD manifests a shift from the medical model to the human rights model of disability. Six propositions are offered why and how the human rights model differs from the social model of disability. It is further maintained that the CRPD introduces a new definition of discrimination into international public law. The underlying equality concept can be categorized as transformative equality with both individual and group oriented components. The applied methodology of this research is legal doctrinal analysis and disability studies model analysis. The main finding is that the human rights model of disability improves the social model of disability. Three different models of disability can be attributed to different concepts of equality. The medical model corresponds with formal equality, while the social model with substantive equality and the human rights model can be linked with transformative equality.

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Section: Proposition 2: Human Rights Are More Than Anti-discriminationmentioning

confidence: 99%

Disability in a Human Rights Context

Degener

2016

Laws

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212

103

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“…33 See Anastasiou and Kauffman, 2013;Corker and French, 1999;Shakespeare, 2013;Tremain, 2005. Similarly, the CRPD recognises the existence of impairment but relates this impairment to those social and environmental barriers, and all its rights indeed hinge on their removal (Degener, 2016;Bartlett, 2012). The idea is to produce a shift in focus from the individual to the environment in order to address the disadvantages faced by people with impairments.…”

Section: Obstacles To Inclusive Educationmentioning

confidence: 99%

“…One scholar, who conducted research on this issue, did manage to establish a normative framework for the provision of equal educational 2 Disability studies is a mult i-disciplinary field that analyses the consequences of viewing disability as a social rather than as an individual phenomenon (Roulstone, Thomas and Watson, 2013;Mallett and Runswick-Co le, 2014). 3 See Kanter, 2011;Mor, 2006. 4 See Kayess and French, 2008;Traustadóttir, 2009;Bartlett, 2012;Harpur, 2012;Degener, 2016. opportunities for disabled children, 5 but stopped short of providing justification for the achievement of inclusive education. In order to provide this sort of justification, this article brings to bear two particular theories of justice, namely capability theory and recognition theory, which it combines in order to highlight the persisting opposition to the implementation of the right to inclusive education.…”

Section: Introductionmentioning

confidence: 99%

The right to inclusive education: why is there so much opposition to its implementation?

Beco¹

2017

International Journal of Law in Context

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Abstract:Although the Convention on the Rights of Persons with Disabilities (CRPD) proclaims the right to inclusive education, and much attention is being given to the goal of inclusive education in debates on human rights, there are doubts as to whether this right has led to a new direction in policy making. The under-researched question is: why is there so much opposition to the implementation of the right to inclusive education? This article examines the question by distinguishing between both the concept and practice of inclusive education. Using a specific interdisciplinary approach in order to critically analyse a legal norm, the article looks into the very meaning of inclusive education by utilising some central conclusions from disability studies to appraise the ideal of inclusive education, and seeks to resolve related challenges by drawing upon political philosophy to investigate pragmatic solutions to the obstacles to inclusive education. This article claims that it is thereby possible to incorporate the element of actual achievability into such an ideal.The author wishes to thank

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“…(Lawson 2006); a 'moral compass for change' (Quinn 2009); and 'a conscience for the global community on disability issues' (García-Iriarte et al 2015). The CRPD is most commonly mentioned among legal scholars as a 'new paradigm' or 'paradigm shift' (Bartlett 2012;Harpur 2010Harpur , 2012Kayess and French 2008;Mittler 2016;Sabatello and Schulze 2014) which brings about the 'human rights model' to disability (Degener 2014(Degener , 2016.…”

Section: Self-advocacy and The Human Rights Approachmentioning

confidence: 99%

“…This trend is not specific to disability rights-human rights legislation and human rights mechanisms have never been as elaborate and strong as today (Bantekas and Oette 2013). The amount of knowledge produced under the 'human rights model' (Degener 2014) is sharply growing including civil society accounts, monitoring reports, state bodies' official statements and various indicators and statistics, which provide a wealth of information about how human rights of disabled people are respected or breached around the globe. Ten years after the ratification of the CRPD, such reports became central to understanding the lives of disabled people and it seems the progress in implementation is palpable everywhere.…”

Section: Introductionmentioning

confidence: 99%

“More Honoured in the Breach than in the Observance”—Self-Advocacy and Human Rights

Petri

Bradshaw

2017

Laws

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Background: Since the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), human rights have become central for disability advocacy. The CRPD requires that disabled people and their representative organisations (DPOs) have a prominent role in the implementation and monitoring of the Convention. However, the representation of people with intellectual disabilities or autistic people is still often indirect, carried out by parents or professionals. Methods: This is a qualitative research which looks at how self-advocates (SAs) with intellectual disabilities or autism participate in DPOs and how they see the role of human rights and laws such as the CRPD in their advocacy. Data was collected in the UK and in Hungary between October 2016 and May 2017. A total of 43 advocates (SAs and other advocates) were interviewed. For the analysis, thematic analysis was used. Results: findings indicate that most participants have limited knowledge of the CRPD and human rights. Human rights are usually seen as vague and distant ideas, less relevant to everyday lives. SAs may not feel competent to talk about the CRPD. The inclusion of SAs in DPOs is mostly tokenistic, lacking real participation. Conclusions: The CRPD can only bring meaningful change to SAs if they get full membership in DPOs.

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A New Human Rights Model of Disability

Cited by 124 publications

References 19 publications

Disability in a Human Rights Context

Disability in a Human Rights Context

The right to inclusive education: why is there so much opposition to its implementation?

“More Honoured in the Breach than in the Observance”—Self-Advocacy and Human Rights

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