African Disability Rights Yearbook最新文献_第3页

PROTECTION OF THE RIGHTS OF PERSONS WITH MENTAL DISABILITIES TO LIBERTY AND INFORMED CONSENT TO TREATMENT: A CRITIQUE OF GORDON MADDOX MWEWA & OTHERS V ATTORNEY-GENERAL & ANOTHER 保护精神残疾者的自由权和知情同意治疗权&对GORDON MADDOX MWEWA等人诉检察长案的批判

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African Disability Rights Yearbook Pub Date : 2021-04-19 DOI: 10.29053/2413-7138/2018/v6a3

F. Kalunga, Chipo Mushota Nkhata

引用次数: 0

THE SOCIO-ECONOMIC RIGHTS OF CHILDREN WITH DISABILITIES IN SOUTH AFRICA: A COMPARISON BETWEEN THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD AND THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITES 南非残疾儿童的社会经济权利&《非洲儿童权利和福利宪章》与《残疾人权利公约》的比较

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African Disability Rights Yearbook Pub Date : 2021-04-19 DOI: 10.29053/2413-7138/2017/V5N1A3

Z. Hansungule, C. J. Boezaart

{"title":"THE SOCIO-ECONOMIC RIGHTS OF CHILDREN WITH DISABILITIES IN SOUTH AFRICA: A COMPARISON BETWEEN THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD AND THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITES","authors":"Z. Hansungule, C. J. Boezaart","doi":"10.29053/2413-7138/2017/V5N1A3","DOIUrl":"https://doi.org/10.29053/2413-7138/2017/V5N1A3","url":null,"abstract":"International law plays an important role in the promotion and protection of the socio-economic rights of children with disabilities. International law bolsters the mechanisms used to keep states accountable in the fulfilment of their obligations. This article discusses two international law instruments, namely, the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of Persons with Disabilities, with the aim to examine how they provide for and protect the socio-economic rights of children with disabilities in the South African context and, by implication, children in the African context as a whole. Socioeconomic rights place a duty on states to ensure that all people have access to the basic necessities of life, which include education, health care, food and water. Access to these and other services ensures that children with disabilities, like all other children, grow and develop in a manner that is cognisant of their specific needs and best interests. The discussion takes the form of a focused comparison of the two instruments, through which similarities and differences will be highlighted. The discussion further points out the different ways in which these instruments could reinforce the protection provided in national law to ensure that the socio-economic rights of children with disabilities in South Africa are protected and promoted.","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":"47340140","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}

引用次数: 1

THE RIGHT TO AN ADEQUATE STANDARD OF LIVING IN THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THE RIGHTS OF PERSONS WITH DISABILITIES IN AFRICA 《非洲人权和人民权利宪章》关于非洲残疾人权利的议定书中的适足生活水准权

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African Disability Rights Yearbook Pub Date : 2021-04-19 DOI: 10.29053/2413-7138/2019/v7a13

Yvette Basson

引用次数: 0

THE PLACE OF SIGN LANGUAGE IN THE INCLUSIVE EDUCATION OF DEAF LEARNERS IN ZIMBABWE AMID CRPD (MIS)INTERPRETATION 在CRPD（MIS）口译中，手语在津巴布韦聋人包容性教育中的地位

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African Disability Rights Yearbook Pub Date : 2021-04-19 DOI: 10.29053/2413-7138/2019/v7a5

M. Musengi

{"title":"THE PLACE OF SIGN LANGUAGE IN THE INCLUSIVE EDUCATION OF DEAF LEARNERS IN ZIMBABWE AMID CRPD (MIS)INTERPRETATION","authors":"M. Musengi","doi":"10.29053/2413-7138/2019/v7a5","DOIUrl":"https://doi.org/10.29053/2413-7138/2019/v7a5","url":null,"abstract":"This paper sets to explore how Zimbabwean law and policy relate to the CRPD in informing educational practice for learners who are deaf. The paper is an analytical discussion of the educational policy and practice issues related to the recent recognition of Zimbabwean Sign Language (ZSL) in a multicultural context where mother-tongue-based teaching is a right for meeting the inclusive education needs of all learners, including those who are deaf. It argues that one-size-fits-all, deficit interpretations of Zimbabwean inclusive education policies and law are in violation of the ‘sensory exception’ enshrined in the Salamanca Statement (UNESCO, 1994). These interpretations occur in the midst of major misinterpretations of the CRPD evident in General Comment 4. Misinterpretations of the CRPD affirm instances of local policy contradictions, inconsistencies and co-articulation as some policies are imbued with perceptions of deafness as a disability at the same time also having aspects that recognise deaf people as a linguistic minority. The deficit interpretations and inconsistencies in local policies occur despite constitutional provisions that recognise deaf learners’ right to a preferred sign language. Based on this case example of deaf learners, a general re-interpretation of the CRPD and a re-conceptualisation of inclusive education are recommended.","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":"48276720","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}

引用次数: 2

RIGHT TO SELF-REPRESENTATION FOR PEOPLE WITH MENTAL DISABILITIES IN KENYA’S COURTS 精神残疾人士在肯尼亚法庭上的自我辩护权

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African Disability Rights Yearbook Pub Date : 2021-04-19 DOI: 10.29053/2413-7138/2019/V7A4

Paul O Juma

引用次数: 0

RÉPUBLIQUE DE BÉNIN 贝宁共和国

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African Disability Rights Yearbook Pub Date : 2021-04-19 DOI: 10.29053/2413-7138/2018/v6a7

Marianne Séverin

引用次数: 0

RÉPUBLIQUE DE DJIBOUTI 吉布提共和国

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African Disability Rights Yearbook Pub Date : 2021-04-19 DOI: 10.29053/2413-7138/2017/v5n1a8

Djibril Ismail Cher

引用次数: 0

THE IDENTITY QUESTION VERSUS APPROPRIATENESS OF LEGAL ANTI- DISCRIMINATION MEASURES: ENDORSING THE DISABILITY RIGHTS APPROACH TO ALBINISM 身份问题与法律反歧视措施的适当性:赞同白化病的残疾权利方法

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African Disability Rights Yearbook Pub Date : 2021-04-19 DOI: 10.29053/2413-7138/2017/V5N1A7

A. Possi, Ally Possi

{"title":"THE IDENTITY QUESTION VERSUS APPROPRIATENESS OF LEGAL ANTI- DISCRIMINATION MEASURES: ENDORSING THE DISABILITY RIGHTS APPROACH TO ALBINISM","authors":"A. Possi, Ally Possi","doi":"10.29053/2413-7138/2017/V5N1A7","DOIUrl":"https://doi.org/10.29053/2413-7138/2017/V5N1A7","url":null,"abstract":"The marginalisation of persons with albinism has for years gone unnoticed. Recently various platforms have been used to combat reported harmful practices against persons with albinism, particularly in Africa. While it is currently accepted that albinism is a human rights agenda, the manner of its advocacy remains unresolved with respect to the ‘appropriate legal approach’ for protecting the rights of persons with albinism. When addressing this problem, two issues appear to be confused: identity (the ‘who are we’ question); and the appropriate legal antidiscrimination approach. Thus, the two issues are distinguished in this contribution by endorsing the ‘appropriate legal anti-discrimination approach’ in realising the rights of persons with albinism. It is worth noting that questions of identity are subjective and should not be confused with objective and empirical questions regarding the appropriate legal mechanisms designed to promote and protect the rights of a particular group. Without downplaying the significance of identity in the formation of the rights groups movement, which has proved vital to the development of human rights, this contribution argues that, while persons with albinism might have multiple identities, the ‘disability rights approach’, which is founded on the social model of disability that uses human rights as a path, is well placed to accommodate matters concerning the rights and equality of persons with albinism.","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":"41806516","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}

引用次数: 4

LEVERAGING THE INTERNATIONAL HUMAN RIGHTS SYSTEM TO ADVANCE LOCAL CHANGE FOR SOUTH AFRICAN WOMEN WITH DISABILITIES 利用国际人权系统促进南非残疾妇女的地方变革

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African Disability Rights Yearbook Pub Date : 2021-04-19 DOI: 10.29053/2413-7138/2019/v7a12

A. Holoboff, Suzannah Phillips

引用次数: 0

CONFLICTING DISCOURSES ON CONCEPTUALISING CHILDREN WITH DISABILITIES IN AFRICA 关于非洲残疾儿童概念化的冲突话语

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African Disability Rights Yearbook Pub Date : 2021-04-19 DOI: 10.29053/2413-7138/2019/v7a3

Shimelis Tsegaye Tesemma, S. Coetzee

引用次数: 2