Disability, culture and the UN convention

Abstract

Is the universality of human rights, such as those set out in the United Nations Convention on the Rights of Persons with Disabilities, incompatible with therapeutic strategies of respecting cultural differences? I show that universalism is essential to the notion of human rights, as well as the rarely explained, political slogan of 'the rights approach to disability'. Similarly, culture responsiveness is commonly defended by therapists. I argue that the conflict between universalism of rights and cultural sensitivity exist only if these positions are expressed in extreme form: rights absolutism and cultural relativity. If more sensibly spelled out--in the form of progressive realisation of rights and situational sensitivity of difference--there is no conflict at all. Indeed, these more reasonable positions are mutually supportive. I conclude that, given resource and other constraints, the realisation of human rights will always be a matter of political negotiation, and that a social commitment to equality demands that we ensure that only transparent, fully-informed and fully-participatory procedures, respectful of difference [are employed]. These principles should guide us when we have to make hard choices in the implementation of human rights.

Analysing the Definition of Disability in the UN Convention on the Rights of Persons with Disabilities: is it really based on a 'Social Model' approach?

“…In particular, the adoption of the ICF understanding was opposed by those in favour of a more radical approach to disability, such as the British 'social model'. This has been acknowledged by Kayess and French, who note that 'any attempt to use the ICF to interpret the CRPD will inevitably be fraught with controversy', 85 and also by Bickenbach, both in 2009 and In particular, Bickenbach mentioned in 2009 that 'the political environment surrounding the drafting of CRPD made the explicit adoption of the ICF conception politically inexpedient', 86 and in 2012 that the ICF is 'never referenced and only paraphrased' 87 in the CRPD. It is therefore useful to examine now the discussion that took place during the CRPD negotiations regarding the definition of disability.…”

Access to health and therapy services for families of children with disabilities in China

“…The Chinese government has not contested the application of rights-based policy within the Chinese cultural context [19,20], although in practice international disability support models are adapted to the local context [7].…”

Identifying Rehabilitation Workforce Strengths, Concerns and Needs: A Case Study from the Pacific Islands

“…Understandings of disability are culturally and socially located (Ingstad, 1995;Bickenbach, 2009;Lewis-Gargett et al, 2015). Yet, as Soldatic and Meekosha (2014) report, all too frequently health services are imposed from the North upon countries of the South.…”