African Disability Rights Yearbook最新文献

{"title":"SEXUAL AND REPRODUCTIVE EXPERIENCES OF YOUTH WITH DISABILITIES IN ZIMBABWE","authors":"Tafadzwa Rugoho, Pamela Wright, Michael A. Stein, J. Broerse","doi":"10.29053/2413-7138/2020/V8A2","DOIUrl":"https://doi.org/10.29053/2413-7138/2020/V8A2","url":null,"abstract":"Over 120 million youth with disabilities around the world face challenges related to sexual and reproductive health (SRH) services, such as unwanted pregnancy, sexually transmitted infections, and forced abortions and sterilisations. The main causes are cultural, legal, political, and social practices that restrict their rights. Our study explored sexual expectations and experiences of youth with disabilities. We conducted a qualitative study of 20 youth with disabilities using focus group discussions and semi-structured interviews, and then applied a thematic analysis of the data. The findings reveal that youth with disabilities are discriminated against with regard to accessing SRH information. This early exclusion results in discriminatory treatment at other stages of their lives, such as the onset of sexual relationships and marriage. They may also indulge in risky sexual behaviours which expose them to sexually transmitted diseases. Conversely, engaging in relationships, marriage and parenthood brings positive results, especially to women with disabilities. Marrying a non-disabled partner is viewed by disabled men as countering social discrimination. Some of the experiences suggest that parenthood has potential for bringing new status and social capital to persons with disabilities. Our primary recommendations based on this research are that youth-focused SRH schemes need to be redesigned to serve the public health needs of youth with disabilities, a vulnerable population that remains excluded from programming; and girls and women with disabilities should be especially targeted within these redesigned SRH programmes.","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49324170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEAVING THE WOODS TO SEE THE TREES: LOCATING AND REFOCUSING THE ACTIVITIES OF NON-STATE ACTORS TOWARDS THE EFFECTIVE PROMOTION OF ACCESS TO JUSTICE OF PERSONS WITH DISABILITIES","authors":"A. Onuora-Oguno","doi":"10.29053/2413-7138/2018/v6a6","DOIUrl":"https://doi.org/10.29053/2413-7138/2018/v6a6","url":null,"abstract":"The article conceptualises the place of non-state actors in international law and the important roles they ought to play if functioning well. It argues that most non-state actors remain underutilised in the realisation of their mandates or objectives that they are created to achieve. It has been argued that this possibly is premised on the paucity of human rights education, knowledge of international human rights instruments and their application in national laws. Considering the wide range of perceptions of non-state actors the article examines the emergence of law clinics in several Nigerian universities as non-state actors. It argues that the lack of engagement and adequate training of law clinics in enhancing access to justice of persons with disabilities as envisaged in article 13(2) of the Convention on the Rights of Persons with Disabilities is responsible for the underutilisation of law clinics as non-state actors. In addition, the article advances the argument that the continued poor engagement is also linked to a lack of appreciation and understanding of the relevant human rights instruments, especially with respect to the CRPD. Consequently, the article construes non-state actors as effectively being in the woods (human rights discourse) but unable to effectively see the trees (enhancement of access to justice of persons with disability). The article adopts a restricted quantitative methodological approach to collect and analyse data (knowledge and perception) by engaging in informal unstructured interviews with law clinic coordinators and students in Nigeria as it pertains to the question of access to justice of persons with disabilities. The article proposes that law clinics should be effectively positioned to make a greater impact on access to justice of persons with disabilities. To achieve this the article proposes the development of quality human rights education to enhance, among other things, the understanding and perception of the disability concept, access to justice, and an appreciation of relevant human rights instruments.","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48909839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PETER BLANCK & EILIÓNOIR FLYNN (EDS) THE ROUTLEDGE HANDBOOK OF DISABILITY LAW AND HUMAN RIGHTS (2017)","authors":"H. Combrinck","doi":"10.29053/2413-7138/2018/v6a14","DOIUrl":"https://doi.org/10.29053/2413-7138/2018/v6a14","url":null,"abstract":"","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43606534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE GAMBIA","authors":"Satang Nabaneh","doi":"10.29053/2413-7138/2018/v6a11","DOIUrl":"https://doi.org/10.29053/2413-7138/2018/v6a11","url":null,"abstract":"","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48770920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEFT IN THE PERIPHERY: AN ANALYSIS OF VOTING RIGHTS FOR PERSONS WITH DISABILITIES IN ZIMBABWE","authors":"Nkosana Maphosa, CG Moyo, B. Moyo","doi":"10.29053/2413-7138/2019/v7a6","DOIUrl":"https://doi.org/10.29053/2413-7138/2019/v7a6","url":null,"abstract":"In Zimbabwe, the right to vote is a constitutionally guaranteed right which can only be exercised by citizens who meet prescribed minimum requirements. Notwithstanding, the modalities meant to ensure that persons with disabilities participate in decision-making processes, usually through elections, are arguably inadequate. In the Zimbabwean context (and indeed in most African countries) the right to vote is underlined by a history of blatant racial exclusion and discrimination where the right was exclusively enjoyed by the white minority. Despite this regressive phenomenon; the 2013 constitutional dispensation makes a progressive clarion call for the inclusion of every citizen in the right to vote or to stand for public office, a move which underscores how a democratic society should function. Being a part of the international community, the country is also a signatory to international conventions such as the Convention on the Rights of Persons with Disabilities (CRPD), the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights; all of which deeply entrench the right to universal and equal suffrage. Consequently, this article examines the right to vote of persons with disabilities from a human rights perspective converse to an arguably untenable welfare model. Therefore, the overarching intent of the article is to succinctly analyse laws and where relevant, policies which seek to promote the participation of persons with disabilities in elections; identify practical barriers and enablers that can engender the participation of persons with disabilities; assess approaches and interventions that have been employed in Zimbabwe to increase the participation of persons with disabilities in elections and interrogate the possible impact of the said interventions.","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43500482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PROGRESS TOWARDS INCLUSIVE PRIMARY EDUCATION IN SELECTED WEST AFRICAN COUNTRIES","authors":"Ngozi Chuma Umeh","doi":"10.29053/2413-7138/2018/v6a13","DOIUrl":"https://doi.org/10.29053/2413-7138/2018/v6a13","url":null,"abstract":"Using Nigeria, Ghana and Sierra Leone as the main case study, this commentary discusses developments on inclusive education in the West African Region. It evaluates the extent to which domestic legislation and policy framework in the three West African countries complies with the normative standards set in article 24 of Convention on Rights of Persons with Disabilities (CRPD) the commentary observes that none of the legislative and policy frameworks in the three West African States completely meets the standards set in article 24 of the CRPD or the newly adopted Protocol to the African Charter on Human Peoples’ Rights on the Rights of Persons with Disabilities.","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47398261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SOUTH SUDAN","authors":"Innocentia Mgijima-Konopi","doi":"10.29053/2413-7138/2019/v7a11","DOIUrl":"https://doi.org/10.29053/2413-7138/2019/v7a11","url":null,"abstract":"","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44290000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"RATHER BAD THAN MAD? A RECONSIDERATION OF CRIMINAL INCAPACITY AND PSYCHOSOCIAL DISABILITY IN SOUTH AFRICAN LAW IN LIGHT OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES","authors":"H. Combrinck","doi":"10.29053/2413-7138/2018/v6a1","DOIUrl":"https://doi.org/10.29053/2413-7138/2018/v6a1","url":null,"abstract":"Article 12(2) of the Convention on the Rights of Persons with Disabilities requires the recognition that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. Such acknowledgment implies that state parties to the Convention, including South Africa, will have to reassess their existing legal provisions relating to legal capacity. These legal measures typically include a rule to the effect that where a person accused of a criminal offence lacks criminal capacity as a result of an intellectual or psychosocial disability, he or she cannot be held liable in criminal law (often referred to as the ‘insanity defence’). This article examines the potential influence of the recognition of universal legal capacity in the CRPD on the insanity defence, with specific emphasis on the current position in South African law. It commences with an overview of the normative content of article 12 of the CRPD as it relates to the notion of criminal capacity and also considers the interpretations of this provision as proposed by academic commentators. These interpretations may be described as, first, an abolitionist position (calling for boththe elimination of the insanity defence and the concomitant mandatory committal of the accused to forensic psychiatric institutions) and, second, an integrationist position (suggesting the development of disability-neutral rules on criminalcapacity). A third approach strongly argues in favour of retaining the insanity defence while at the same time reconsidering the institutionalisation of an accused person following an acquittal based on this defence. The present South African legislative dispensation regarding criminal capacity is subsequently examined and measured against the CRPD. The article concludes with a number of observations in view of potential law reform.","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49461696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ELIZABETH BARNES: THE MINORITY BODY: A THEORY OF DISABILITY (2016)","authors":"C. Ngwena","doi":"10.29053/2413-7138/2017/v5n1a12","DOIUrl":"https://doi.org/10.29053/2413-7138/2017/v5n1a12","url":null,"abstract":"","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44986707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MAURITANIA","authors":"Kedibone Chembe, B. Fagbayibo","doi":"10.29053/2413-7138/2018/v6n1a9","DOIUrl":"https://doi.org/10.29053/2413-7138/2018/v6n1a9","url":null,"abstract":": This paper deals with an important aspect of French cultural policy in Mauritania, which is the French school, that grew up during the colonialism/resistance, identity/alienation and rejection/manipulation struggle. With the objectives of the stronger party and the adherence of the defeated one to his historical acquisitions represented in his identity and original education, the school became a continuation of the attempts to subjugate and resist. Accordingly, this paper tries to lookout how the French colonialist empowered his education and his language, as well as to consider the means, objectives, results and their impact on the colonized people, who were tied in their traditional education and did not receive an adequate colonial modern education","PeriodicalId":41087,"journal":{"name":"African Disability Rights Yearbook","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45059602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}