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Implementation of the Right of Disabled People to Independent Living

Implementation of the Right of Disabled People to Independent Living PDF Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108475320
Category : Social Science
Languages : en
Pages : 86

Book Description
This report discusses the implementation of the right of disabled people to independent living in the context of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which was ratified by the UK in 2009. It draws attention to a number of significant human rights issues, including: the need for freestanding legislation to protect the right to independent living in UK law; the effect of current reforms to benefits and services on the ability of disabled people to enjoy independent living; the role played by the UNCRPD in policy development and decision making at all levels of government; the use of equality impact assessments; the effects of devolution on implementation of the UNCRPD; and hate crime. The right to independent living does not exist as a freestanding right in UK law. Although it is protected and promoted to some extent by a matrix of rights, the Committee believes that this is not enough. It argues that the Government and other interested parties should immediately assess the need for, and feasibility of, legislation to establish independent living as a freestanding right. The Committee finds that reforms to benefits and services risk leaving disabled people without the support they need to live independently. It also finds that the Government had not conducted an assessment of the cumulative impact of current reforms on disabled people. This report urges them do so, and to report on the extent to which these reforms are enabling them and local authorities to comply with their obligations under the UNCRPD

Implementation of the Right of Disabled People to Independent Living

Implementation of the Right of Disabled People to Independent Living PDF Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108475320
Category : Social Science
Languages : en
Pages : 86

Book Description
This report discusses the implementation of the right of disabled people to independent living in the context of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which was ratified by the UK in 2009. It draws attention to a number of significant human rights issues, including: the need for freestanding legislation to protect the right to independent living in UK law; the effect of current reforms to benefits and services on the ability of disabled people to enjoy independent living; the role played by the UNCRPD in policy development and decision making at all levels of government; the use of equality impact assessments; the effects of devolution on implementation of the UNCRPD; and hate crime. The right to independent living does not exist as a freestanding right in UK law. Although it is protected and promoted to some extent by a matrix of rights, the Committee believes that this is not enough. It argues that the Government and other interested parties should immediately assess the need for, and feasibility of, legislation to establish independent living as a freestanding right. The Committee finds that reforms to benefits and services risk leaving disabled people without the support they need to live independently. It also finds that the Government had not conducted an assessment of the cumulative impact of current reforms on disabled people. This report urges them do so, and to report on the extent to which these reforms are enabling them and local authorities to comply with their obligations under the UNCRPD

Implementation of the right of disabled people to independent living

Implementation of the right of disabled people to independent living PDF Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108476013
Category : Business & Economics
Languages : en
Pages : 40

Book Description
Government response to HL 257/HC 1074, session 2010-12 (ISBN 9780108475320)

The right of people with disabilities to live independently and be included in the community

The right of people with disabilities to live independently and be included in the community PDF Author: Council of Europe
Publisher: Council of Europe
ISBN:
Category : Social Science
Languages : en
Pages : 60

Book Description
Recognising the right to live in the community is about enabling people to live their lives to their fullest within society and access the public sphere. A precondition for anyone to enjoy all their human rights, this right is taken for granted by the majority of the population, but is often denied to persons with disabilities, who are instead placed in segregated institutions or in settings which isolate them from the rest of the community. This Issue Paper describes the challenges faced by Council of Europe member states in complying with this right. It traces the right of people with disabilities to live independently and be included in the community to its origins in the most fundamental human rights standards both within the Council of Europe and United Nations systems. The paper draws on Article 19 of the UN Convention on the Rights of Persons with Disabilities to identify the various forms that violations of this right can take, and provides guidance for community-based responses governed by choice, in order to achieve inclusion and participation. The paper shows the link between the right to live in the community and other rights, notably the rightto equal recognition before the law (legal capacity). The Issue Paper ends with a sample of indicators and guidance questions to assess the transition from violationto implementation of the right to live in the community. The Commissioner’s recommendations on the right to live independently and be included in the community are published at the beginning of the document.

Active Citizenship and Disability

Active Citizenship and Disability PDF Author: Andrew Power
Publisher: Cambridge University Press
ISBN: 1107029910
Category : Law
Languages : en
Pages : 525

Book Description
This book provides an international comparative study of the implementation of disability rights law and policy focused on the emerging principles of self-determination and personalisation. It explores how these principles have been enshrined in the United Nations Convention on the Rights of Persons with Disabilities and how different jurisdictions have implemented them to enable meaningful engagement and participation by persons with disabilities in society. The philosophy of 'active citizenship' underpinning the Convention - that all citizens should (be able to) actively participate in the community - provides the core focal point of this book, which grounds its analysis in exploring how this goal has been imagined and implemented across a range of countries. The case studies examine how different jurisdictions have reformed disability law and policy and reconfigured how support is administered and funded to ensure maximum choice and independence is accorded to people with disabilities.

Achieving Independence

Achieving Independence PDF Author:
Publisher:
ISBN:
Category : Children with disabilities
Languages : en
Pages : 208

Book Description


Independent Living for Physically Disabled People

Independent Living for Physically Disabled People PDF Author: Nancy M. Crewe
Publisher: iUniverse
ISBN: 0595177972
Category : People with disabilities
Languages : en
Pages : 438

Book Description
Independent Living for Physically Disabled People was the first book to provide a comprehensive picture of the philosophy and services of independent living in the United States. It provided a beacon, usable by rehabilitation professionals and consumers, who were striving to create a path to full community integration. In the years since its publication, the independent living movement has flourished, centers have been built, and many consumers have assumed their right to make decisions regarding their own lives. Still, the foundation provided by the authors of this book continues to be useful and relevant in the new millennium. Authors, including Gerben DeJong, Lex Frieden, Denise Tate, Frank Bowe, Raymond Lifchez, Irving Zola, and Susan Stoddard describe such topics as the independent living paradigm, legislation and community organization, diverse program models, supportive environments, technology, key IL services, program evaluation, and prospects for the future.

Being Heumann

Being Heumann PDF Author: Judith Heumann
Publisher: Beacon Press
ISBN: 080701950X
Category : Biography & Autobiography
Languages : en
Pages : 458

Book Description
A Publishers Weekly Best Book of the Year for Nonfiction "...an essential and engaging look at recent disability history."— Buzzfeed One of the most influential disability rights activists in US history tells her personal story of fighting for the right to receive an education, have a job, and just be human. A story of fighting to belong in a world that wasn’t built for all of us and of one woman’s activism—from the streets of Brooklyn and San Francisco to inside the halls of Washington—Being Heumann recounts Judy Heumann’s lifelong battle to achieve respect, acceptance, and inclusion in society. Paralyzed from polio at eighteen months, Judy’s struggle for equality began early in life. From fighting to attend grade school after being described as a “fire hazard” to later winning a lawsuit against the New York City school system for denying her a teacher’s license because of her paralysis, Judy’s actions set a precedent that fundamentally improved rights for disabled people. As a young woman, Judy rolled her wheelchair through the doors of the US Department of Health, Education, and Welfare in San Francisco as a leader of the Section 504 Sit-In, the longest takeover of a governmental building in US history. Working with a community of over 150 disabled activists and allies, Judy successfully pressured the Carter administration to implement protections for disabled peoples’ rights, sparking a national movement and leading to the creation of the Americans with Disabilities Act. Candid, intimate, and irreverent, Judy Heumann’s memoir about resistance to exclusion invites readers to imagine and make real a world in which we all belong.

Disability Human Rights Law 2018

Disability Human Rights Law 2018 PDF Author: Anna Arstein-Kerslake (Ed.)
Publisher: MDPI
ISBN: 3038972509
Category : Law
Languages : en
Pages : 241

Book Description
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws

Realising Disability Rights?

Realising Disability Rights? PDF Author: Tabitha Collingbourne
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
This thesis is about understandings, how those understandings shape the law and how the law helps to shape those understandings. Its first premise is that law is not neutral: it is formed and functions within a complex and dynamic socio-political context from which it is inseparable. From that premise, the thesis argues that partial understanding of the context in which the law has been formed may result in mis- or partial understandings, and thus mis- or partial application, of the law itself. The argument is made through political discourse analysis of the UN Convention on the Rights of Persons with Disabilities (CRPD) and implementation in England of Article 19, the right to live independently and be included in the community. The CRPD is seen as emancipatory law, offering a re-description of the world and of disabled people's place in it, and requiring for its full implementation transformative paradigm change. Whether the Convention-drafters' hegemonic project succeeds will depend in part on the understandings already circulating in national settings. Turning to the United Kingdom, the thesis identifies resistance on the part of successive governments to international understandings of economic, social and cultural rights, and their consequent invisibility in domestic discourse, as potential barriers to realisation of the CRPD's emancipatory purpose. The remainder of the thesis investigates the extent to which this mis-understanding currently affects implementation in England of CRPD Article 19. Independent living policy, legislation, decision-making and redress are examined for evidence of CRPD-compatible change. The thesis concludes that the exclusion of international economic, social and cultural rights standards from domestic discourse results in mis- and partial understandings, and thus in mis- or partial application, of Article 19. This in turn undermines implementation of the Convention as a whole, and frustrates its drafters' purpose in the English domestic sphere.

The United Nations Convention on the Rights of Persons with Disabilities

The United Nations Convention on the Rights of Persons with Disabilities PDF Author: Valentina Della Fina
Publisher: Springer
ISBN: 3319437909
Category : Law
Languages : en
Pages : 776

Book Description
This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.