Disability in a Human Rights Context

Degener, Theresia

doi:10.3390/laws5030035

Cited by 213 publications

(129 citation statements)

References 36 publications

(47 reference statements)

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“…Disability scholar Degener (2016b), like Bach, notes that there are some underlying notions intrinsic to the sheltered workshops system that reveal a particularly harmful misconception about 'disability' that consequentially interfere with the respect for an individual's inherent dignity. These create a significant prejudice and serve to continuously justify the segregation of people with disabilities.…”

Section: Is Segregation a Form Of Discrimination?mentioning

confidence: 99%

Reconsidering Sheltered Workshops in Light of the United Nations Convention on the Rights of Persons with Disabilities (2006)

May‐Simera

2018

Laws

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Sheltered work and related practices remain a prevalent service for people with intellectual disabilities. However, as a result of being placed in these, participants overwhelmingly remain segregated and excluded from their wider communities. This paper explores whether, with the advent of the United Nations Convention on the Rights of Persons with Disabilities, we can at least begin to assess the equality implications of such placements and argue that the experience of segregation itself represents numerous rights violations and discrimination. Having considered traditional equality mechanisms and their bearing on people with intellectual disabilities, this discussion explores how far the Convention's re-envisioning of the basic principles of equality can perhaps provide a more promising outlook and ideological stance. Indeed, during the Convention's inception, the negotiations circled around the conflicting opinions as to the purpose, usefulness, and future of sheltered work, revealing the existing tensions between protection and autonomy, shrouding all disability policy discussions. As a result, the question of sheltered work is not explicitly addressed in the treaty and the Committee on the Rights of Persons with Disabilities have been unable to definitively declare that the practice of sheltered work constitutes an act of discrimination. However, the Committee does as times demand that sheltered workshops be phased out where it is obvious that the practice of sheltered work is directly linked to the exploitation of workers. Moreover, certain provisions in the Convention might help in determining wrongful discrimination in some, if limited, instances.

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Section: Is Segregation a Form Of Discrimination?mentioning

confidence: 99%

Reconsidering Sheltered Workshops in Light of the United Nations Convention on the Rights of Persons with Disabilities (2006)

May‐Simera

2018

Laws

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“…However, it is worth noting that the call for disabled people themselves to have significant representation and a leading role in the Convention's monitoring body has materialized. As Degener (2016) points out, in 2016 the CRPD Committee consisted of 18 independent experts who were all disabled people except for one.…”

Section: Introductionmentioning

confidence: 99%

The Inclusion of the Lived Experience of Disability in Policymaking

Löve

Traustadóttir

Quinn

et al. 2017

Laws

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This paper examines the process under way in Iceland to align national law with the UN Convention on the Rights of Persons with Disabilities, focusing on the Convention's call for the active involvement of disabled people and their representative organizations in policy and decision making on matters that affect them. The paper draws on comments submitted by Icelandic DPOs on draft legislation intended to replace the existing law on services for disabled people, focusing on comments relating to their ability to participate in and affect the policymaking process. Furthermore, it draws on interviews with leaders of representative organizations of disabled people that solicited their views on the issue. The findings indicate that there is a reluctance on behalf of Icelandic authorities to make changes to the established process, which limits the active participation of disabled people and their representative organizations. The draft legislation has neither been revised to include provisions for expanding the participation of DPOs in policy and decision making, nor to ensure that disabled people themselves participate in the process.

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“…It can be assumed that self-advocacy may have a rather complicated relationship with the human rights approach, especially because the above-discussed disability movement, since its start in the 1970s, has been concerned with and shaped human rights (Harpur 2012;Hurst 2003;Pelka 2012;Shakespeare 2013). In fact, the human rights approach itself has grown out of the social model and disability studies (Degener 2016;Kayess and French 2008), and as such it may have carried on with the heavy heritage of marginalising or excluding self-advocates.…”

Section: Self-advocacy and The Human Rights Approachmentioning

confidence: 99%

“…(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%

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“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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Disability in a Human Rights Context

Cited by 213 publications

References 36 publications

Reconsidering Sheltered Workshops in Light of the United Nations Convention on the Rights of Persons with Disabilities (2006)

Reconsidering Sheltered Workshops in Light of the United Nations Convention on the Rights of Persons with Disabilities (2006)

The Inclusion of the Lived Experience of Disability in Policymaking

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

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