Disabled Justice

Author: Eilionóir Flynn
Publisher: Routledge
ISBN: 1317150031
Format: PDF, Mobi
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Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.

Disabled Justice

Author: Eilionóir Flynn
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472418611
Format: PDF
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Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.

Disabled Justice

Author: Dr Eilionóir Flynn
Publisher: Ashgate Publishing, Ltd.
ISBN: 147241859X
Format: PDF, ePub, Docs
Download Now
International and comparative in scope, this book analyses the experience of people with disabilities through the entire justice system and also considers the participation of people with disabilities in a variety of roles such as witness, defendant, victim, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, the right to vote, and the right to stand for election which may apply to people with disabilities.

Routledge Handbook of Disability Law and Human Rights

Author: Peter Blanck
Publisher: Routledge
ISBN: 1317043685
Format: PDF
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This handbook provides a comprehensive and authoritative state-of-the-art review of the current and emerging research and policy on disability law. Bringing together a team of respected and experienced experts, the handbook offers a range of jurisdictional and multidisciplinary perspectives. The authors consider historical and contemporary, as well as comparative perspectives of disability law. Divided into three parts, the contributors provide a comprehensive reference to the theoretical underpinnings, ongoing debates and emerging fields within the subject. The study provides a strong basis for consideration of contemporary disability law, its research foundations, and progressive developments in the area. The book incorporates interdisciplinary and comparative country perspectives to capture the breadth of current discourse on disability law. This handbook provides a valuable resource for a wide range of scholars, public and private researchers, NGOs, and practitioners working in the area of disability law, and across national and transnational disability schemes. The work will be of important interest to those in the fields of sociology, history, psychology, economics, political science, rehabilitation sciences, medicine, technology, and law, among others.

Stop violence against people with disabilities An international resource

Author: Diane Nelson Bryen
Publisher: PULP
ISBN: 1920538291
Format: PDF
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This book breaks new ground in ensuring access to the criminal justice system for one of the most vulnerable groups in the disability sphere: those individuals who have little or no functional speech. Their voices have been silent for too long. The book provides an international perspective on violence against children and adults with disabilities. It focusses on promising practices and approaches to reduce the risks and occurrence of violence, intervention, access to justice, increase awareness, knowledge and understanding of the violence, rape and sexual abuse against people with disabilities, with an emphasis on people who have little or no functional speech. Each chapter, written by an expert on disability and/or law and peer reviewed, contains extensive information, references, resources, manuals for practice, stories and reports of people with disabilities themselves confronting the violence they experienced. They also provide whatever data and statistics there are about the prevalence, the perpetrators, and access to justice. The UN Convention on the Rights of Persons with Disabilities (CRPD) has been ratified in over 135 countries to date. Three articles from the CRPD that apply directly to the topic of violence against people with disabilities and their access to the criminal justice system are focal throughout the book.

The Development of Disability Rights Under International Law

Author: Arlene S. Kanter
Publisher: Routledge
ISBN: 1134444664
Format: PDF, ePub, Docs
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The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.

From Rhetoric to Action

Author: Eilionóir Flynn
Publisher: Cambridge University Press
ISBN: 1139501658
Format: PDF, Mobi
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This book contains a global comparative study of implementation and monitoring mechanisms for national disability strategies. It comprises a comparative study that was conducted at international, regional and comparative country levels and that highlights critical success factors in implementing disability strategies or action plans worldwide. It explores emerging synergies between what is required to implement principles of international law contained in the Convention on the Rights of Persons with Disabilities and what it is possible to achieve through national policy and systems development. A number of critical success factors for implementing and monitoring strategies are identified, including leadership from government and civil society, participation of disabled people in implementation and monitoring, transparency and accountability in reporting on progress, independent monitoring and external review, and the ability to measure progress with indicators of disability equality.

Radical Inclusive Education

Author: Anat Greenstein
Publisher: Routledge
ISBN: 1317427246
Format: PDF
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Many people who work in education start out with enthusiastic ideals about education as a positive force that can spur change in the life of the learner and in society at large, yet find themselves frustrated with a bureaucratic system that often alienates and excludes many of its students. This is particularly true for students identified as having "special educational needs" (SEN) or disability, a label often used to justify the ways in which students are failed by a system that focuses on narrow definitions of knowledge, seeks to normalise and control behaviour, and values economic productivity over other forms of human activity. Radical Inclusive Education explores how current educational practices, such as standardised tests and league tables, exclude and fail many disabled students, and naturalise educational inequalities around gender, class, ethnicity and ability. Informed by the social model of disability, the book argues that educational theories and practices that are geared towards social justice and inclusion need to recognise and value the diversity of human embodiments, needs and capacities, and foster pedagogical practices that support relations of interdependency. The book draws on work in disability studies, critical psychology and critical pedagogy, and also real life examples from interviews with activists in the disabled people’s movement, and from research in a school, to offer examples of what radical inclusive education – that is sensitive to the needs of all students – might look like in practice. As such, it will be of great interest to practitioners and students in the field of education, particularly for those interested in SEN and disability, sociology of education, critical pedagogy, informal education and social movement learning.

Human Rights and Disability Advocacy

Author: Maya Sabatello
Publisher: University of Pennsylvania Press
ISBN: 0812245474
Format: PDF, ePub
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Human Rights and Disability Advocacy brings together perspectives from civil society representatives who played key roles in the drafting of the Convention on the Rights of Persons with Disabilities, shedding light on the emergent practices of a "new diplomacy" and the larger enterprise of human rights advocacy at the international level.

The United Nations Convention on the Rights of Persons with Disabilities

Author: Valentina Della Fina
Publisher: Springer
ISBN: 3319437909
Format: PDF, ePub, Mobi
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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.