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Legal remedies through litigation for the rights of disabled people

DISABILITY RIGHTS DEFENDERS
EUROPEAN NETWORK ON INDEPENDENT LIVING
ARTICLE 19 AS A TOOL
November 2020

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Even though most countries have ratified the CRPD, the rights of disabled people get violated daily all over the world. In almost every country there are national laws and international agreements which should assure the same rights for disabled people. The main problem is that the laws are widely unenforced, that is why remedies are needed. There is a need for deeper discussions on tools for strategic litigation, including effectiveness of legal and injunctive remedies, different forms of compensation for violations of human rights and procedural strategies for impact, as important tools to fight against violations of disability rights. Thereby, every law system and country has different ways and possibilities to redress violations. In this webinar we want to look at the need for better remedies, access to justice and strategic litigation. We learn from the experience of international experts with strategic litigation and remedies and discuss what kind of changes we would like to see in the remedies available or what kind of new remedies are needed. How can we establish an exchange of international experience and cooperation between organizations in the work towards better remedies?

 

The following speakers shared their expertise:

Paul Lappalainen, Swedish/US lawyer, European Equality Law Network: Access to justice / Access to remedies
Mari Siilsalu, lawyer at Article 19 as a tool, Independent Living Institute: Survey on legal remedies
Ann Campbell, Co Executive Director at Validity Foundation: Looking beyond compensation: innovative remedies for women with disabilities
Stellan Gärde, Swedish lawyer and author: A human right - The right to legal aid
Timothy Hodgson, legal advisor at ICJ, lecturer at University of Pretoria: Economic and social rights litigation

 

The webinar was moderated by Ola Linder, Swedish lawyer and project leader of Article 19 as a tool. 

COVID-19 and the rights of persons with disabilities: Guidance

Office of the United Nations High Commissioner for Human Rights
April 2020

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This guidance aims to:

  • bring awareness of the pandemic’s impact on persons with disabilities and their rights;
  • draw attention to some promising practices already being undertaken around the world;
  • identify key actions for States and other stakeholders;
  • provide resources for further learning about ensuring rights based COVID-19 responses inclusive of persons with disabilities.

Topics are:

1. What is the impact of COVID-19 on the right to health of persons with disabilities

2. What is the impact of COVID-19 on persons with disabilities who are living in institutions

3. What is the impact of COVID-19 on the rights of persons with disabilities to live in the community

4. What is the impact of COVID-19 on work income and livelihood of persons with disabilities

5. What is the impact of COVID-19 on the right to education of persons with disabilities

6. What is the impact of COVID-19 on the right of persons with disabilities to protections from violence

7. What is the impact of COVID-19 on specific population groups in which persons with disabilities are overrepresented

Transformative equality: Court accommodations for South African citizens with severe communication disabilities

WHITE, Robyn M
BORNMAN, Juan
JOHNSON, Ensa
TEWSON, Karen
NIEKERK, Joan van
April 2020

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Background: Persons with disabilities are generally at greater risk of experiencing violence than their peers without a disability. Within the sphere of disability, individuals with severe communication disabilities are particularly vulnerable and have an increased risk of being a victim of abuse or violence and typically turn to their country’s criminal justice system to seek justice. Unfortunately, victims with disabilities are often denied fair and equal treatment before the court. Transformative equality should be pursued when identifying accommodations in court for persons with communication disabilities, as the aim should be to enable such individuals to participate equally in court, without barriers and discrimination.

 

Objectives: This research aimed to identify court accommodations recommended by legal experts, which could assist individuals with severe communication disabilities in the South African court.

 

Method: A qualitative design was used to conduct a discussion with a panel of legal experts.

 

Results: Using Article 13 (Access to Justice) of the Convention on the Rights of Persons with Disabilities (CRPD) as a human rights framework, four themes were identified: equality, accommodations, participation and training of professionals.

 

Conclusion: Foreign and national law clearly prohibits discrimination against persons with communication disabilities because of their disability and state that they should be given fair and equal access to the court system. For transformative equality to be achieved, certain rules and laws need to be changed to include specific accommodations for persons with communication disabilities so that they may be enabled to participate effectively in court in the criminal justice system.

 

 

 

African Journal of Disability, Vol 9, 2020

Amplifying the voices of women and girls with disabilities in Zimbabwe

UNESCO OFFICE HARARE
LEONARD CHESHIRE DISABILITY (ZIMBABWE)
AFRICA COMMUNITY RESEARCH AND DEVELOPMENT CENTRE
2020

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This qualitative study on the aspirations, needs and concerns of women and girls with disabilities in Zimbabwe seeks to contribute to the growing knowledge on women and girls with disabilities globally, as well as to contribute to the ongoing dialogue on advancing the implementation of the CPRD in Zimbabwe

 

The specific aims were to:

  • Assess the demographic and socioeconomic characteristics of women and girls with disabilities
  • Identify the aspirations of women and girls with disabilities from marginalized areas
  • Describe the needs and concerns of women and girls with disabilities for equitable participation in public life
  • Assess how current development interventions are responding to the needs of women and girls with disabilities, specifically SRH and GBV services delivery
  • Hear from women and girls with disabilities on practical recommendations for the advancement of disability rights and improving justice, SRH and GBV service delivery that meets their needs

 

The approach and methodology were designed with a view to gathering first-hand information and verbatim from an estimated 261 women and girls with disabilities, and from other stakeholders interviewed in marginalized areas, namely caregivers, OPDs, NGOs, traditional leaders, community cadres, and government officials. The study design was also guided by a range of participatory approaches that enabled women with diverse disability types to effectively participate in the qualitative study.

Disability Inclusion Matters: Including persons with disabilities in the promotion of good governance

SCHMIDT, Bettina
Ed
April 2019

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In the past nine years, the GIZ Sector Project ‘Inclusion of Persons with Disabilities’ has been supporting more than 30 programmes worldwide to include persons with disabilities in our efforts to improve good governance. This publication consolidates lessons learnt and offers guidance and tools around how to address disability in governance programming

The gap report

THE JOINT UNITED NATIONS PROGRAMME ON HIV AND AIDS (UNAIDS)
July 2014

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The goal of this report is to provide the best possible data on the global AIDS epidemic, with a particular focus on information and analysis on the people left behind. The report highlights these gaps firstly in regional terms, providing “Regional Snapshots” and then explores issues faced by the following 12 populations that have been left behind by the AIDS response: people living with HIV, adolescent girls and young women, prisoners, migrants, people who inject drugs, sex workers, gay men and other men who have sex with men, transgender people, children and pregnant women living with HIV, displaced persons, people with disabilities and people aged 50 years and older

UNAIDS practical guidelines for intensifying HIV prevention : towards universal access

JOINT UNITED NATIONS PROGRAMME ON HIV/AIDS (UNAIDS)
2007

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These practical guidelines are designed to help policy makers and planners to create an effective national response to HIV prevention, by ensuring that their response matches the epidemic dynamics and social context within their country and the populations who remain most vulnerable to and at risk of HIV infection. The guidelines encourage countries to know the national and local epidemiological scenarios and their current response; to match and prioritise their response; to set ambitious, realistic and measurable prevention targets; to tailor prevention plans to local epidemic scenarios and to use and analyse strategic information

HIV-positive prisoners receive treatment

AGENCIA DE INFORMACAO DE MOCAMBIQUE
December 2003

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Short report about 78 prisoners in the Maputo Central Prison who are benefitting from treatment, including with anti-retroviral drugs, provided free of charge by the Italian Catholic organisation, the Santo Egidio Community

Where there is no psychiatrist : a mental health care manual

PATEL, Vikram
2003

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This is a practical manual about mental health care, aimed at community health workers, primary care nurses, social workers and primary care doctors. It describes more than 30 clinical problems associated with mental illness, using a problem-solving approach to guide the reader through their assessment and management. It addresses the lack of understanding of mental health among many health workers

Drug resistant tuberculosis in prisons in Azerbaijan : case study

CONINX, R
et al
1988

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Drug resistant M tuberculosis strains are common in prisons in Azerbaijan. Tuberculosis problems tend to be worse in prisons, but prisoners and former prisoners may have an important role in the transmission of tuberculosis, particularly of drug resistant forms, in the community. National programmes to control tuberculosis will have to take into account and address the problems in prisons to ensure their success

HEARD website

HEALTH ECONOMICS AND HIV/AIDS RESEARCH DEPARTMENT (HEARD)

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The HEARD website contains a wealth of resources related to specific HIV/AIDS interventions and prevention methods to be targeted at different groups (eg agricultural workers, the mining industry). The 28 AIDS Briefs offer sector-specific guidelines and responses for those involved in various professional, commercial and industrial endeavours. Check-lists are a standard feature, enabling operatives to plot their progress against requirements unique to their sphere of activity, and suggesting innovative approaches. There are also 11 sector specfic toolkits, seven of which are aimed at government ministries. There is also a quarterly newsletter "Heard All About It" and AIDS Analysis Africa, a bi-monthly publication that serves to analyse the impact of the AIDS epidemic on organizations, business and the economy, with a focus on Africa

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