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European Disability Forum, European human rights report - issue 3, 2019. Human rights

ULDRY, Marine
2019

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This is the third issue of European Disability Forum's annual European Human Rights report Series focus on Ensuring the rights of persons with disabilities to equality and non-discrimination in the European Union. The report includes a review of equality frameworks in each EU Member State and a section on multiple and intersectional forms of discrimination. The report aims to inform organisations of persons with disabilities and policymakers of the current state of protection against discrimination based on disability in the European Union and draws recommendations with the goal of reaching inclusive equality for all persons with disabilities. The first chapter provides background information about the UN Convention on the Rights of Persons with Disabilities. Chapter 2 describes what constitutes discrimination on the grounds of disability and the obligations of States under international human rights law. Chapter 3 focuses on multiple and intersectional discrimination, by examining the effect of the intersection of disability with other grounds of discrimination. Looking at current practice, Chapter 4 describes the state of play at national level, with Chapter 5 looking at the EU level, specifically considering the current gaps in ensuring better protection against discrimination based on disability. Finally, the report draws conclusions and recommendations addressed to the EU and its Member States.  

Promote, Protect and Monitor 2017 Update survey on Article 33 (2) of the Convention on the Rights of Persons with Disabilities

AICHELE, Valentin
August 2018

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Article 33 (2) of the CRPD requires state parties to have a structural framework in place to promote, protect and monitor the implementation of the Convention on the Rights of Person with Disabilities (CRPD) at the national level. This “2017 Update Survey”, conducted by the German Institute for Human Rights, was done to identify the current situation how state parties implement these provisions. National Human Rights Institutions (NHRIs) from all continents participated in the survey. A comparison of the results of the 2017 Update Survey with those of similar survey conducted in 2011 indicates that there is a positive trend towards the strengthening of the role of National Human Rights Institution in the context of the CRPD in terms of numbers – either as the bearers of sole responsibility or responsibility shared with others. 

Annexes are provided containing concluding observations, the questionnaire used and a table of survey responses.

European Disability Forum, European human rights report - issue 2, 2018. Sustainable development goals

STEFF, Marion
et al
January 2018

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The second issue of the European Disability Forum annual European Human Rights report Series focuses on the 2030 Agenda for Sustainable  Development and the Sustainable Development Goals (SDGs). This report showcases to decision-makers and organisations of  persons with disabilities the link between the CRPD and the SDGs in Europe and in international cooperation. It suggests recommendations and advocacy opportunities for disability-inclusive SDGs.

How law protects persons with disabilities in armed conflict

INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC)
December 2017

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This paper identifies commonalities between international humanitarian law (IHL) and the Convention on the Rights of Persons with Disabilities (CRPD) and emphasizes certain specific contributions of IHL to the protection of persons with disabilities in armed conflict.

It is hoped that this legal analysis will contribute to current efforts by the ICRC and the International Red Cross and Red Crescent Movement, as well as other actors, to operationalise better inclusion and participation of persons with disabilities in carrying out humanitarian activities in armed conflict

International humanitarian law and persons with disabilities

INTERNATIONAL COMMITTEE OF THE RED CROSS
July 2017

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International humanitarian law (IHL) is a set of rules that, in times of armed conflict, seeks – for humanitarian reasons – to protect persons who are not, or are no longer directly participating in hostilities, and to restrict means and methods of warfare. IHL requires parties to armed conflicts to afford special respect and protection to persons with disabilities and helps ensure their inclusion. A number of weapons-related treaties aims to prevent certain disabilities from occurring by prohibiting the use of particular weapons and reducing the dangers they pose. They also seek to ensure that victims receive appropriate assistance.


In addition to IHL, international human rights law (IHRL) – particularly the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol – contains important protections. For example, the CRPD recognizes States Parties' obligations under, inter alia, IHL and IHRL and obliges States Parties to ensure the protection and safety of persons with disabilities during armed conflict (Art. 11).

Global Report on the participation of organisations of persons with disabilities (DPOs) in VNR Processes

INTERNATIONAL DISABILITY ALLIANCE
2017

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Within the Stakeholder Group of Persons with Disabilities, a working group was created on the Voluntary National Reviews (VNRs) aimed at raising awareness among Organisations of Persons with Disabilities (DPOs) to engage with their governments in the national consultation processes on SDG implementation, with particular focus on the 2017 44 volunteering countries. The VNR working group are compiling an outcome document reflecting the work that DPOs carried out at the national, regional and global levels. A comprehensive report – called the Global Report on DPO Participation in VNR Processes – will be issued in draft form prior to the HLPF and will be updated afterward with concrete findings. 

The report will showcase the national level DPO work carried out in different regions as well as best practices and challenges, and will serve as a case study for Member States. It will additionally be useful for DPOs as a model to engage with their government. The case study will feature the volunteering countries of Denmark, Italy, Sweden, Nigeria, Togo, Kenya, Ethiopia, Argentina, El Salvador, Peru, Guatemala, Indonesia, Bangladesh, India and Jordan.

A study on the equal recognition before the law - Contribution towards the Council of Europe strategy on the rights of persons with disabilities (2017)

NATIONAL UNIVERSITY OF IRELAND
March 2017

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This study aims to identify ways and means of implementation of Article 121 of the UN Convention on the Rights of Persons with Disabilities (CRPD) which affirms the right to equal recognition before the law. It represents a paradigm shift to identifying persons with disabilities as subjects with legal rights. There are 4 parts. Firstly, the scope of the obligations contained in Article 12 is analysed. Secondly, the approaches taken by various member States of the Council of Europe to comply with Article 12 of the CPRD by way of law reform and shifts in policies and practices are surveyed. Good practice examples from member States are then provided to demonstrate approaches which show potential for fuller alignment with Article 12.  Finally, a recommended set of measures is set out to provide guidance to member States on how best to reform their legal architecture in accordance with the requirements of Article 12.

Promoting equality and non-discrimination for persons with disabilities

WADDINGTON, Lisa
BRODERICK, Andrea
March 2017

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"Ensuring equal opportunities for persons with disabilities is an important facilitator of participation and inclusion in society. Both the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Council of Europe Disability Strategy 2017-2023 address equality and equalisation of opportunities for persons with disabilities. Article 5 of the UNCPRD requires States to adopt positive measures aimed at ensuring equality across the substantive rights in the Convention. The Council of Europe Disability Strategy aims at guiding and supporting the activities of Council of Europe member States in their implementation of the UNCRPD and Council of Europe standards regarding disability, and similarly addresses equality and non-discrimination.

The overall goal of this study is to analyse the obligations contained in the UNCRPD regarding equality and non-discrimination, and to provide examples of good national practices regarding equality and non-discrimination"

Making disability rights real in southeast Asia: Implementation of the UN Convention on the Rights of Persons with Disabilities in ASEAN

COGBURN, Derrick
KEMPIN REUTER, Tina
March 2017

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This edited collection evaluates national implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD) across all 10 countries of the Association of Southeast Asian Nations (ASEAN) region. Working with interdisciplinary and country-specific research teams, the book presents case studies of CRPD implementation across Southeast Asia, including detailing the factors that influenced each country to ratify the CRPD; the focal point structure of implementation; the independent mechanism established to monitor implementation; and civil society organizations’ involvement.

The book also evaluates the implications of CRPD implementation for human rights and development in ASEAN, including the degree of institutionalized support for persons with disabilities; the development objectives of the CRPD against the strategic objectives of the ASEAN community; and the way these developments compare with those in other countries and regions

Human rights and disability: A manual for national human rights institutions

CROWTHER, Neil
QUINN, Gerard
REKAS, Abigail
March 2017

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(Updated Dec 2018)

This Manual is designed to provide practical guidance for national human rights institutions (NHRIs) that are actively working to advance the human rights of persons with disabilities, as well as those NHRIs that are seeking to strengthen their efforts in this area. This Manual provides practical guidance and recommendations about how the role and functions of NHRIs can be directed to provide better protection for persons with disabilities, to promote greater awareness and respect for their rights, and to monitor the progress made and obstacles encountered in advancing their rights.

There are three parts to the manual.

  • Part I: The concepts - the human rights framing of disability
  • Part II: The law - international human rights law and disability (CRPD and others)
  • Part III: The practice - what NHRIs can do to contribute to the process of change

 

 

Towards an inclusive judicial system. Penal process and psychosocial disability

Documenta. Analyses and action towards social justice
January 2017

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This report gives a first general insight on barriers people with disabilities are facing when they have to deal with the criminal justice system as accused of having committed a criminal act in the Federal District. Its purpose is to provide a reflection on how the justice system could cope with their special needs in a more appropriate way, to ensure that human rights and access to justice of people with disabilities occur on equal basis with others.

The probability that people with psychosocial disabilities are faced with the criminal justice system is higher than for the rest of the population. This can be explained to a large extent by the existing incomprehension concerning disability, which is even more of an issue when it comes to psychosocial disability as it seems to be one of the less well understood and one of the more stigmatized as well.

In addition to the preconceptions and the lack of capacity building, we may add the existence of a discriminatory penal legislation which keeps on looking at people with disabilities as if they weren’t subject with rights and obligations, but insists on an anachronistic vision that looks at them as objects requiring treatment and cure.

African Disability Rights Yearbook volume 5 2017

NGWENA, Charles
et al
2017

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This volume of the African Disability Rights Yearbook is divided into four sections presenting articles, country reports, commentaries on regional developments and a book review. The first section A of the journal presents a number of articles on issues affecting people with disabilities in Africa, ranging from education and rights of children with disabilities to albinism. Section B presents country reports on Djibouti and Madagascar. Section C presents two articles: one on mental health and the other on disability rights developments in the East African Community post-2012. Finally a review of E. Barnes’s 2016 book "The minority body: A theory of disability" is given.

 

Disability, CBR and inclusive development (DCID) - Vol 27, No 4 (2016)

THOMAS, Maya
Ed
2016

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"Disability, CBR and Inclusive Development aim to enhance knowledge in the field of disability, addressing the needs of practitioners in the field (particularly those from developing countries), policy makers, disabled persons’ organizations and the scientific community. The journal encourages publication of information that is evidence-based, to improve current knowledge and programmes implementation, and will be openly and freely accessible to all readers" ”Published four times a year, previously published two times per year
Free

Rights to water and sanitation for people with disabilities in Madagascar

VEROMAMINIAINA, Edith
RANDRIANARISOA, Ridjanirainy
December 2016

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"This paper illustrates the experiences of the Platform For People with Disabilities (PFPH), working with the support of WaterAid, to highlight and address the gaps in the realisation of the rights of people with disabilities in Madagascar. The focus has been on engaging the government on the National Inclusion Plan for people with disabilities, which includes water, sanitation and hygiene (WASH). This pilot project was designed to increase access to safe WASH for people with disabilities through a human rights based approach. It focuses on strengthening the capacities of rights holders, as well as the capacity and the political will of duty bearers to fulfil their obligations towards the progressive realisation of rights. The project has strengthened the capacity of the PFPH to advocate for their rights and engage with government on all areas of their rights, although an increase in actual WASH provision is limited by the government’s lack of capacity and resources". 

7th RWSN Forum “Water for Everyone”, 7 ème Forum RWSN « L’eau pour tous » 29 Nov - 02 Dec 2016, Abidjan, Côte d’Ivoire

Toolkit on disability for Africa

UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS (UNDESA)
November 2016

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A Toolkit on Disability for Africa has been developed by the United Nations Department of Economic and Social Affairs (UNDESA), Division for Social Policy and Development (DSPD). It is designed for the African context and aims to:

  • Provide practical tools on various disability-related issues to government officials, members of parliament, civil and public servants at all levels, disabled persons organizations (DPOs) and all those with an interest in the inclusion of persons with disabilities in society and development;
  • Support the implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and disability-inclusive development;
  • Offer examples of good practices from many countries in the African region.

 

Toolkit Modules:

  • UN DESA toolkit on CRPD – Trainers’ tips
  • Introducing the UNCRPD
  • Frameworks for implementing and monitoring the UNCRPD
  • Disability-inclusive development
  • Accessibility
  • Building multi-stakeholders partnerships for disability inclusion
  • National plans on disability
  • Legislating for disability rights
  • Access to justice for persons with disabilities
  • The rights of persons with disabilities to work
  • Inclusive health services for persons with disabilities
  • Participation in political and public life
  • Information and communication technology (ICT) and disability
  • Culture, beliefs, and disability
  • Inclusive education

Women and girls with disabilities. Committee on the Rights of Persons with Disabilities. General comment No. 3 (2016). Article 6.

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONERS FOR HUMAN RIGHTS (OHCHR)
September 2016

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"International and national laws and policies on disability have historically neglected aspects related to women and girls with disabilities. In turn, laws and policies addressing women have traditionally ignored disability". "Article 6 serves as an interpretation tool to approach the responsibilities of States parties across the Convention, to promote, protect and fulfil the human rights of women and girls with disabilities, from a human rights-based approach and a development perspective". These general comments take the form of an introduction, normative content, states parties’ obligations, the interrelationship of article 6 with other articles of the Convention (perspectives of women with disabilities in CRPD provisions) and national implementation

Right to inclusive education. Committee on the Rights of Persons with Disabilities. General comment No. 4 (2016). Article 24

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONERS FOR HUMAN RIGHTS (OHCHR)
September 2016

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"States parties must ensure the realisation of the right of persons with disabilities to education through an inclusive education system at all levels, including pre-schools, primary, secondary and tertiary education, vocational training and lifelong learning, extracurricular and social activities, and for all students, including persons with disabilities, without discrimination and on equal terms with others". "The right to inclusive education encompasses a transformation in culture, policy and practice in all formal and informal educational environments to accommodate the differing requirements and identities of individual students, together with a commitment to remove the barriers that impede that possibility". The difference between exclusion, segregation, integration and inclusion is highlighted. Core features of inclusive education are set out. These general comments take the form of an introduction, normative content, states parties’ obligations, relations with other provisions of the Convention and implementation at national level." 

How to talk about disability and human rights

FRAMEWORKS INSTITUTE
March 2016

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"This MessageBrief summarises and comments on the framing strategies currently in use to communicate information about disability and human rights. The recommendations presented here are based on framing “best practices,” gleaned from more than 15 years of communications research on a wide range of social issues, and represent important opportunities for disability rights advocates to communicate more effectively". This brief reviews more than 55 communications materials sampled from 20 organisations involved in the disability rights field. Five primary framing strategies: Unframed Facts and Numbers, Description Instead of Explanation, Problems Without Solutions, Crisis Stories, and Vivid Cases in current communications are identified and 8 recommendations are presented. Gaps in existing research precluding the ability to make more specific reframing recommendations are identified.

The Employment Equality Directive - European implementation assessment

TYMOKSKI, Jan
February 2016

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"The adoption of the Employment Equality Directive in 2000 extended the protection against discrimination provided under EU law. By explicitly obliging the Member States to prohibit discrimination in employment on the grounds of religion or belief, age, disability and sexual orientation, the general principles set out in the Treaties became more effective, and some minimum standards are now common throughout Europe. At the same time, specific exceptions with regard to all or only some of those grounds permit the continuation of certain measures that were already in place in most countries, which has led to different national practices, especially with regard to age. Additional provisions on horizontal issues such as access to justice and sanctions, dissemination of information and necessary dialogue, left the details to be established by Member States according to their laws and customs. This analysis builds on the available documents and expertise in order to facilitate the debate on the implementation of the Employment Equality Directive to date and on how best to follow it up" 

DOI: 10.2861/178997

 

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