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SOUTH SUDAN. Protection Analysis Update. Protection risks facing persons with disabilities and older persons

GLOBAL PROTECTION CLUSTER, UNHCR
October 2023

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This South Sudan Protection Analysis Update places a thematic focus on protection risks facing persons with disabilities and older persons.

The most recent census reported that 5% of the population in South Sudan, or approximately 424,000 people, were living with a disability. However, the current number is likely to be much higher, possibly reaching 1.2 million people, or 16% of the population, according to the global estimate. Data in South Sudan also suggests a rapid increase in the number of older persons each year, mounting to 5.1% of total population with this percentage expected to continue to steadily increase.

People with disabilities and older people in South Sudan are often excluded and face multiple challenges in accessing essential services and protection. Decades of civil war have increased the number of older people and persons with disabilities who are being left behind as they are unable to flee due to chronic health conditions and mobility impairments. People who have managed to flee the violence are often faced with barriers accessing protection and health services. Therefore, older people with and without disabilities in South Sudan face higher risks and greater challenges in getting the necessary humanitarian assistance.

Living in Chains - Shackling of people with psychosocial disabilities worldwide

HUMAN RIGHTS WATCH
October 2020

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In order to show the scale and scope of shackling of people with real or perceived psychosocial disabilities worldwide, Human Rights Watch conducted a study of mental health legislation, relevant policies, and practices across 60 countries around the world.

This report includes research and testimonies collected by 16 Human Rights Watch researchers in their own countries. We worked closely with partner organizations to visit private homes and institutions in Afghanistan, Burkina Faso, Cambodia, Ghana, Indonesia, Kenya, Liberia, Mexico, Mozambique, Nigeria, Sierra Leone, Palestine, Russia, the selfdeclared independent state of Somaliland, South Sudan, and Yemen. Human Rights Watch researchers interviewed more than 350 people with psychosocial disabilities, including those who were shackled at the time of research or had been shackled at least once in their lives, and more than 430 family members, caregivers or staff working in institutions, psychiatrists, psychologists, nurses and other mental health professionals, faith healers, lawyers, government officials, representatives of local nongovernmental organizations (NGOs), including organizations of persons with disabilities, and disability rights advocates. The testimonies were collected between August 2018 and September 2020 through in-person and phone interviews.

Desk research and consultation with international disability experts was also undertaken

Crimes against humanity: Decades of violence and abuse in Mexican institutions for children and adults with disabilities

AHERN, Laurie
BRIZUELA, Lisbet
MILLAN, Ivonne
RODRIGUEZ, Priscila
ROSENTHAL, Eric
October 2020

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In this report, Disability Rights International (DRI) has thoroughly documented and detailed human rights violations against people with disabilities - a culmination of the 20 years of work that DRI has carried out in Mexico. DRI’s investigations cover a wide range of institutions including orphanages, psychiatric hospitals, institutions for people with disabilities and for homeless people, among others. The documentation of such a large number of institutions provides an overview of a scale of violations of the rights of persons with disabilities in Mexico  

A rapid assessment of the status of children with disabilities in Somalia

WAITHIRA MGUBUA, Jane
September 2020

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The main objective of this assessment was to explore the barriers faced by children with disabilities in the cities of Mogadishu, Galkaio, Baidoa and Kismaio in Somalia and assess how different stakeholders have sought to address these barriers. The findings of the Assessment are intended to serve as a limited baseline data to inform future programming in the area, both by the government and its local and international partners.

The Assessment used a mixed-methods approach, combining qualitative and quantitative research methods. The Assessment team interviewed 20 key informants, held four focus group discussions (FGDs) with 48 support persons and another four FGDs with 48 children with disabilities. The quantitative survey covered 100 support persons.

Critique of deinstitutionalisation in postsocialist Central and Eastern Europe

MLADENOV, Teodor
PETRI, Gabor
2019

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In this paper, we explore critically deinstitutionalisation reform, focusing specifically on the postsocialist region of Central and Eastern Europe (CEE). We argue that deinstitutionalisation in postsocialist CEE has generated re-institutionalising outcomes, including renovation of existing institutions and/or creation of new, smaller settings that have nevertheless reproduced key features of institutional life. To explain these trends, we first consider the historical background of the reform, highlighting the legacy of state socialism and the effects of postsocialist neoliberalisation. We then discuss the impact of ‘external’ drivers of deinstitutionalisation in CEE, particularly the European Union and its funding, as well as human rights discourses incorporated in the UN Convention on the Rights of Persons with Disabilities. The analysis is supported by looking at the current situation in Hungary and Bulgaria through recent reports by local civil society organisations. In conclusion, we propose some definitional tactics for redirecting existing resources towards genuine community-based services.

The nation’s body: disability and deviance in the writings of Adolf Hitler

BENGTSSON, Staffan
2018

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This article takes its starting point in the Nazi ideology as it appears in the writings of Adolf Hitler, and discusses how disability and the body can be understood in the context of Mein Kampf. The article underlines how disability and bodily infirmities, alongside race, featured significantly in Hitler’s demagogic message. Although the overall image of disability was related to a sense of threat – and a culture gone wrong – Mein Kampf also contains a mixed interpretation of disability as a phenomenon, in which different and opposing disability narratives took part in the construction and the image of the body as a national property.

No justice : torture, trafficking and segregation in Mexico

RODRIGUEZ, Priscila
ROSENTHAL, Eric
GUERRERO, Humberto
July 2015

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This report presents the findings of Disability Rights International (DRI)'s two-year investigation into the treatment of children and adults with mental disabilities in Mexico City which found a pattern of egregious and widespread human rights violations. The investigation found that in Mexico City having a disability can mean a life of detention and uncovered the existence of a “blacklist” of particularly abusive institutions that the Mexico City authorities are aware of – yet they permit these facilities to operate. DRI visited five of 25 facilities on the blacklist and specifically highlight the findings from Mama Rosa and Casa Esperanza, which was so abusive that DRI filed a formal complaint to DIF and sought immediate action by DIF to protect detainees. The report outlines the overall findings and how Mexico can take steps toward reform and justice calling for immediate steps to enforce the basic human rights of people with disabilities and outlines

Note: the report is available in pdf and word versions in both English and Spanish

Writing the rights : highlighting the international standards on the rights of victims of armed violence

ČEVRA, Nerina
HUNTER, Jane
March 2014

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This report is an analysis of international and regional legal and policy provisions on the rights of victims of armed violence. This study highlights different themes related to the rights of victims of armed violence and notes the evolving trends or emerging (or existent) norms evident in international law and policy relating to that particular theme. It is aimed at scholars, advocates, activists and government representatives working to further the rights of victims of armed violence as an international policy agenda. The report concludes that much more needs to be done by states to ensure that the rights of all victims of armed violence are protected and that assistance is provided in a way that addresses victims’ particular circumstances and specific needs

Torture in healthcare settings : reflections on the Special Rapporteur on torture's 2013 thematic report

ANTI-TORTURE INITIAITIVE
February 2014

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This resource is a collection of articles focused upon the treatment of people with psycho-social disabilities in health-care settings, particularly with regard to torture, abuse and ill-treatment, and reflecting on the Special Rapporteur on Torture’s 2013 thematic report.

It brings together contributions by more than thirty international experts in response to the United Nations Special Rapporteur on Torture Juan E. Méndez’s thematic report, providing insights into essential topics and highlighting issues at the forefront of the intersecting medical, legal, and policy fields. It supports a commitment to tackling the challenges that continue to arise in promoting and protecting the human rights of persons in diverse healthcare settings globally

Towards preventing torture and ill-treatment in health-care settings

MENDEZ, Juan E
February 2013

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"The present report focuses on certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment. It identifies the policies that promote these practices and existing protection gaps. By illustrating some of these abusive practices in health-care settings, the report sheds light on often undetected forms of abusive practices that occur under the auspices of health-care policies, and emphasizes how certain treatments run afoul of the prohibition on torture and ill-treatment. It identifies the scope of State's obligations to regulate, control and supervise health-care practices with a view to preventing mistreatment under any pretext. The Special Rapporteur examines a number of the abusive practices commonly reported in health-care settings and describes how the torture and ill-treatment framework applies in this context. The examples of torture and ill-treatment in health settings discussed likely represent a small fraction of this global problem"
A/HRC/22/53

Torture and other cruel, inhuman or degrading treatment or punishment

SPECIAL RAPPORTEUR OF THE HUMAN RIGHTS COUNCIL
July 2008

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This report recategorises violence and abuse perpetrated against persons with disabilities as torture or a form of ill-treatment. It is intended that victims and advocates will thereby pursue stronger legal protection and redress for violations of human rights. This resource would be useful for anyone wiht an interest in disability, development and human rights

Expert seminar on freedom from torture and ill treatment and persons with disabiliities

OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR)
December 2007

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The aim of this seminar and associated seminars is threefold: first, to properly identify and define torture and ill treatment in light of the Convention on the Rights of Persons with Disabilities; second, to distinguish the forms of torture that affect disabled people the most; third, to mainstream the rights of persons with disabilities within the work of the United Nations human rights mechanisms

Convention document legal analysis : a legal commentary on the draft convention text produced by the working group for the UN Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dign

LANDMINE SURVIVORS NETWORK
2004

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The legal analysis of the draft convention text Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities is an exellent document explaining and commenting on the convention text. This document addresses both legal experts and people who need legal background information about the convention

Situation analysis of different social welfare issues in Iraq

WORLD REHABILITATION FUND, INC (WRF)
October 2003

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This report contains the findings, conclusions and recommendations based on rapid assessment study conducted during the summer of 2003. The study assesses the post-war situation in Baghdad with regards to disability and rehabilitation, learning difficulties, landmines, torture, orphans and disadvantaged children.

Electro Convulsion Therapy (ECT) : need for debate

CENTRE FOR ADVOCACY IN MENTAL HEALTH (CAMH)
2003

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Electro Convulsive Therapy (ECT) is used to treat people with mental health problems. In direct ECT, an electrical current is passed through an individual for between 0.5 and 1.5 seconds. The body is thrown into frank epilepsy like seizures. This paper argues that there has to be a public debate about direct ECT in India

Application of human rights to reporductive and sexual health : a compilation of the work of international human rights treaty bodies

STANCHIERI, Julie
MERALI, Isafahan
COOK, Rebecca
Eds
March 2002

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This manual is designed to assist in the preparation of reports on compliance with (and violations of) rights to reproductive and sexual health by governmental departments and agencies, and nongovermental organisations (NGOs). It is also designed to assist in the development of advocacy manuals, training programmes, and research. The manual is divided into six sections, the Convention Against Torture and other Inhuman, Degrading Treatment or Punishment (the Torture Convention); the Convention on the Elimination of All Forms of Discrimination against Women (the Women's Convention); the Convention on the Rights of the Child (the Children's Convention); the International Covenant on Civil and Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights (ICESCR); and the International Convention on the Elimination of All Forms of Racial Discrimination (the Race Convention)

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