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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.

Disability and social protection programmes in low- and middle-income countries: a systematic review

BANKS, Lena Morgon
MEAKLE, Rachel
MACTAGGART, Islay
et al
2016

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“This paper systematically reviews the evidence on whether persons with disabilities in low- and middle-income countries are adequately included in social protection programmes, and assesses the financial and non-financial impacts of participation. Overall, we found that access to social protection appears to fall far below need. Benefits from participation are mostly limited to maintaining minimum living standards and do not appear to fulfil the potential of long-term individual and societal social and economic development. However, the most notable finding of this review is that there is a dearth of high-quality, robust evidence in this area, indicating a need for further research.”

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

 

EU implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD)

ANGLMAYER, Irmgard
February 2016

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"This in-depth analysis, produced by the Ex-Post Impact Assessment Unit of the European Parliamentary Research Service (EPRS), looks into the state of play of the implementation by the European Union of the UN Convention on the Rights of Persons with Disabilities (UN CRPD), after the first round of the review process. The Convention's overarching principles entail mainstreaming of disability rights across all policies and within all institutions. This paper analyses the institutional arrangements required to monitor the implementation process, and subsequently puts the recommendations of the CRPD Committee ('Concluding Observations') into a broader context, outlining the progress made so far and the challenges ahead"

DOI: 10.2861/831248

“Our children have the right to an education too”: Strategies employed by Orange Farm Caregivers of Children with Disabilities in Pursuit of the Right to a Basic Education

Elphick, Jean
De SasKropiwnicki, Zosa
Elphick, Rosalind
2016

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Purpose: This paper aims to understand the agency that caregivers who participated in a CBR empowerment component programme exercised, in order to promote the rights of their children with disabilities to a basic education.

 

Methods: An interdisciplinary theoretical framework and qualitative methodology were used to examine the agency and the opportunity structures within which the caregivers operate. Focus group discussions, case study interviews and secondary Programme data were analysed using manual thematic analysis.

 

Results: Thousands of children with disabilities in South Africa are effectively denied the right to a basic education as a result of discriminatory norms, stigmatising discourses and unjust power relations. Yet, a group of caregivers have successfully advocated for their children with disabilities in the township of Orange Farm, Gauteng. Their lobbying has contributed to the establishment, by the State, of a new school.

 

Conclusion and Implications: The findings suggest that human rights advocacy movements, as well as disability organisations, would do well to recognise and encourage the power and agency possessed by caregivers of children with disabilities. Catalysing civic action and providing opportunities for active citizenry and self-help seem to nurture increased efficacy and competence at navigating systems and accessing rights. While advocacy organisations may act as proxy agents, direct and collective agentic strategies should be nurtured. 

 

In implementing inclusive education, policy makers and the Department of Education should recognise the role that caregivers of children with disabilities can play, and the potential contribution that their motivation, resourcefulness, and disability-related knowledge can make.

China’s Mental Health Law: Analysis of Core Concepts of Human Rights and Inclusion of Vulnerable Groups

Hussey, Meghan Marie
Mannan, Hasheem
2016

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Purpose: The aim of this research is to assess China’s first Mental Health Law in terms of Core Concepts of Human Rights and equitable coverage of Vulnerable Groups.

 

Methods: The EquiFrame analytical tool provided the framework for evaluation of the inclusion of Core Concepts of Human Rights as well as Vulnerable Groups in the Law.

 

Results: China’s Mental Health Law scored 83% for Core Concept coverage, with a Core Concept Quality score of 76%. The Law had a 42% score for Vulnerable Groups coverage. This gave the Law an overall score of “Moderate” in terms of Human Rights coverage.

 

Conclusions: China’s Mental Health Law is a landmark document providing the country’s first ever legal framework for mental health. While the Law scores high on level commitment in Core Concepts of Human Rights, the potential for equitable protection would be enhanced by increased inclusion of Vulnerable Groups.

 

Limitations: Further analyses of health and social policies in the People’s Republic of China from a Human Rights perspective would provide a deeper understanding of the Law in context.

Reasonable accommodation for disabled people in employment. A legal analysis of the situation in EU Member States, Iceland, Liechtenstein and Norway

FERRI, Delia
LAWSON, Anna
2016

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This report focuses on reasonable accommodation duties for disabled people in employment. It also addresses the link between reasonable accommodation and accessibility and considers other legal requirements that may be used to enhance the accessibility of workplaces. Legal developments at UN and EU level are examined, together with developments in 31 countries (the 28 EU Member States, Iceland, Liechtenstein and Norway).  This study is derived primarily from a series of country specific reports compiled by the national expert members of the European network of legal experts in gender equality and non-discrimination. Two legal instruments are used to provide the evaluative framework for this study – the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the Employment Equality Directive. The meaning of ‘disability’, for purposes of the Employment Equality Directive, has been the subject of numerous Court of Justice (CJEU) decisions. Inconsistency and lack of clarity are discussed and recommendations are proposed. An annex of country specific information is provided

Report of the Special Rapporteur on the rights of persons with disabilities (theme: the right of persons with disabilities to participate in decision-making)

DEVANDAS-AGUILAR, Catalina
January 2016

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In the preparation of this study, a questionnaire was sent to Member States, national human rights institutions, agencies of the United Nations system, civil society organizations, and persons with disabilities and their representative organisations. As at 22 December 2015, 144 responses were received. The report covers the participation of persons with disabilities in political and public life (right to vote and be elected, right to access public service and right to participate in the conduct of public affairs). The report also covers participation of persons with disabilities in public decision making (importance of effective and meaningful participation, ensuring the participation of representative organisations of persons with disabilities, promoting consultation and the active involvement of persons with disabilities, and key areas for participation). Recommendations are presented.

Ensuring that no one is left behind. High-level political forum (HLPF) 2016 position paper by Persons with Disabilities.

INTERNATIONAL DISABILITY ALLIANCE (IDA)
2016

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This position paper states that "only by utilising the UN Convention on the Rights of Persons with Disabilities (CRPD) as a guiding framework in implementing the SDGs, will it be ensured that exclusion and inequality are not created or perpetuated". Proposals are made and background presented on the topics of: the unfinished work of the MDGs; realising, through an enabling environment, the full potential of persons with disabilities; working together to protect our planet; and reaching the farthest behind first

Accessible tourism research

DARCY, Simon
2016

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The blog seeks to present a brief history of accessible tourism through reviewing key documents and presenting new research as it is published. Central to the examination of the history of the field and contemporary innovation, is an understanding that accessible tourism is complex, multilayered and involves stakeholders from the commercial, government and the third sectors. Solutions need to be developed through collaboration and understanding stakeholder perspectives.

Advancing human rights : update on global foundation grantmaking : key findings

LAWRENCE, Steven
et al
2015

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This paper analyses the current (as of 2012) state of global human rights funding. Through the use of tables, graphs and other methods of data presentation, the International Human Rights Funders Group​ (IHRFG) outline the largest grants foundations, where and how the money is spent by these foundations, and the causes which these funds are spent on

Key findings

FOUNDATION CENTER
INTERNATIONAL HUMAN RIGHTS FUNDERS GROUP
2015

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A webpage from the Foundation Center, which gives hyperlinked access to the funding profiles of various international causes such as disability, access to justice, and gender equality. In addition there are links to the annual Key Findings on Global Foundation Grantmaking reports published by the Center 

Education for all? This is still not a reality for most children with disabilities

HANDICAP INTERNATIONAL
2015

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This advocacy briefing paper presents key information about the inclusion of children with disabilities in the education system. It highlights key facts, gaps in the provision of an equitable education system, the benefits of inclusive education and legal policy and frameworks. It outlines practical steps can be taken by education actors at different levels and suggests ways to measure progress

 

Advocacy briefing paper

Disability framework : one year on : leaving no one behind

DEPARTMENT FOR INTERNATIONAL DEVELOPMENT (DFID)
December 2015

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“The DFID vision is a world where no one is left behind. A world where people with disabilities have a voice, choice and control over the decisions that affect them. Where they participate in and benefit equitably from everyday life, everywhere. Our first Disability Framework was launched in December 2014. It focused on inspiring their colleagues to do more, with support from civil society partners…This updated Framework reflects lessons they have learned over the past year and outlines the next steps we will take as an organisation to deliver their vision”

Post school transition : the experiences of students with disability

CHILDREN WITH DISABILITY AUSTRALIA (CDA)
December 2015

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The transition from school is an important period. All young people should be supported throughout this time to access options which allow them to meaningfully participate and contribute to our society as adults. Many young people with disability however have extremely poor post school transition experiences.

This report is based on the direct experience of young people with disability. The paper highlights key issues from current research, legislation and consultations with key stakeholders. It explores present and past school transition practices, barriers faced by students with disability and presents recommendations for improving outcomes and options for post school transition of students with disability

The revised UNESCO charter of physical education, physical activity and sport

UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO)
November 2015

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"The International Charter of Physical Education, Physical Activity and Sport  is a rights-based reference that orients and supports policy- and decision-making in sport. Based on the universal spirit of the original Charter, and integrating the significant evolutions in the field of sport since 1978, the revised Charter introduces universal principles such as gender equality, non-discrimination and social inclusion in and through sport. It also highlights the benefits of physical activity, the sustainability of sport, the inclusion of persons with disabilities and the protection of children"

Thematic study on the rights of persons with disabilities under article 11 of the Convention on the Rights of Persons with Disabilities, on situations of risk and humanitarian emergencies

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS (UN OHCHR)
November 2015

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This study sets out the standards concerning the human rights of persons with disabilities in situations of risk and humanitarian emergencies, and presents a harmonized understanding of existing international humanitarian law under article 11 of the Convention on the Rights of Persons with Disabilities. The aim of the study is to clarify the scope of the Convention in the context of ongoing global discussion relating to disasters and humanitarian emergencies, to identify good practices, and to make recommendations

Inclusive education: A transformation and human rights agenda under spotlight in South Africa

MAGUVHE, Mbulaheni
2015

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This study investigated the progress made in the implementation of inclusive education as a transformation and human rights tool since its inception in 2001. The study was conducted upon realising that most people underestimate the transformation and human rights value that inclusive education strives to maintain. The total number of participants interviewed was 84. Data was collected using semi-structured interview schedules for the teachers and community members, whereafter it was presented in thematic sections and qualitatively examined for meaning. The results showed that participants comprising teachers and community members do not know or understand the transformational and human rights value of inclusive education. The participants seemed to be equally aware of inclusive education, but they rated its success and value differently. The participants concurred that the philosophy of inclusive education was noble, but they differed regarding the extent to which it had transformed, added value or played an advocacy role in the lives of learners and the community at large over the years.

Is any wheelchair better than no wheelchair? A Zimbabwean perspective

VISAGIE, Surona
MLAMBO, Tecla
VAN DER VEEN, Judith
NHUNZVI, Clement
TIGERE, Deborah
SCHEFFLER, Elsje
2015

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Background: Within a rights-based paradigm, wheelchairs are essential in the promotion of user autonomy, dignity, freedom, inclusion and participation.

 

Objectives: This paper aimed to describe a group of Zimbabwean wheelchair users’ satisfaction with wheelchairs, wheelchair services and wheelchair function.

 

Method: A mixed method, descriptive study was done. Quantitative data was collected from 94 consecutively sampled wheelchair users, who accessed wheelchair services at 16 clinics in five Zimbabwean provinces between October 2013 and February 2014, using the Quebec User Evaluation of Satisfaction with Assistive Technology for adults and children and Functioning Every day with a Wheelchair questionnaire. Qualitative data were collected through two focus group discussions (22 participants) and two case studies with participants purposively sampled from those who participated in the quantitative phase.

 

Results: More than 60% of participants were dissatisfied with the following wheelchair features: durability (78.6%), weight (75.6%), ease of adjustment (69.1%), effectiveness (69.0%), safety (66.7%), reliability (66.7%), and meeting user needs (60.6%). Similarly, more than 66% of participants were dissatisfied with various services aspects: professional services (69.0%), follow-up (67.0%), and service delivery (68.3%). Although 60% of participants agreed that the wheelchair contributed to specific functions, more than 50% of participants indicated that the features of the wheelchair did not allow in- (53.2%) and outdoor (52.7%) mobility.

 

Conclusion: Findings indicate high levels of dissatisfaction with wheelchair features and services, as well as mobility. It is recommended that policy and minimum service standards which incorporate evidence and good practice guidelines for wheelchair services and management of wheelchair donations are developed for Zimbabwe.

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