From Invisible Citizens to Agents of Change: A Short History of the Struggle for the Recognition of the Rights of Persons with Disabilities at the United Nations

Degener, Theresia; Begg, Andrew

doi:10.1007/978-3-319-43790-3_1

Cited by 17 publications

(17 citation statements)

References 6 publications

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“…However, attempts to change these current states are not limited to national borders. As the historical development of the CRPD shows, non-governmental actors such as IOs or NGOs have always advocated for inclusive education (Degener and Begg, 2017). As is the case for other educational concepts, such as lifelong learning (Jakobi, 2009), inclusive education must be conceived of as a social innovation that is diffused globally.…”

Section: Theoretical Background Inclusive Education and Innovation DImentioning

confidence: 99%

The Global Diffusion of Social Innovations – An Analysis of Twitter Communication Networks Related to Inclusive Education

Schuster

Kolleck

2020

Front. Educ.

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In recent decades, different social innovations-such as lifelong learning, inclusion or Education for Sustainable Development-have had a huge impact on domestic education systems. In an increasingly globalized world, innovations diffuse across national borders. At the same time, diffusion processes seem to be highly influenced by public and private actors, e.g., international organizations (IOs) or non-governmental organizations (NGOs). Both state and non-state actors use social networks and digital communication platforms, such as Twitter, as channels for the diffusion of social innovations and practices. Inclusive education, which has become the main alternative to special schools for the schooling of children with disabilities, is a widely discussed innovation in education and, hence, represents a suitable case for the study of global diffusion processes and the involved actors. Thus, drawing on social network theory (SNT), the aim of this paper is to examine the structure of the Twitter communication network forming around the social innovation of inclusive education. Empirically, we use social network analysis (SNA) to map the communication network; identify central actors; and infer assumptions about the role of different actor groups. Our results show, for instance, that especially NGOs and IOs hold central positions in the network, which enables them to exert influence on the diffusion of innovative ideas. Overall, the findings of our study indicate how the online communication tool Twitter can play a crucial role for actors who seek to influence the global diffusion of social innovations in education and effect education policies, norms and systems at the global, national and regional levels as such.

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Section: Theoretical Background Inclusive Education and Innovation DImentioning

confidence: 99%

The Global Diffusion of Social Innovations – An Analysis of Twitter Communication Networks Related to Inclusive Education

Schuster

Kolleck

2020

Front. Educ.

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“…18 The Second Session also considered a letter from Morten Kjaerum, the Executive Director of the Danish Institute for Human Rights concerning the "concept of autonomy" (United Nations Ad Hoc Committee n. (Degener and Begg 2017). 1. Persons with disabilities, including those living in institutions, shall not be subjected to arbitrary or unlawful interference with their privacy, and shall have the right to the protection of the law against such interference.…”

Section: The History Of Article 22mentioning

confidence: 99%

Protection for Privacy under the United Nations Convention on the Rights of Persons with Disabilities

Weber

2017

Laws

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Article 22 of the Convention on the Rights of Persons with Disabilities (CRPD) protects personal and family privacy and reputation. This paper examines the antecedents of the CRPD privacy article in other international instruments and selected domestic law. It traces the history of the article through the deliberations that led up to the final version of the CRPD, which has now been ratified by 173 nations. It analyzes the text of the article and discusses its limited administrative and judicial applications. Finally, it describes the article's place in current thinking about disability human rights.

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“…The World Network of Users and Survivors of Psychiatry played a highly influential role and set forth its views on capacity as non-negotiable, it sought to ban institutional care and forced treatment [ 20 ]. Much debate occurred concerning emergency circumstances but in the end time ran out and no provisions were made for these [ 21 ]. This may call into question the UN-CRPDs ability to address all mental health issues, in particular emergency situations.…”

Section: Introductionmentioning

confidence: 99%

Concordance of the Indian Mental Healthcare Act 2017 with the World Health Organization’s Checklist on Mental Health Legislation

Duffy

Kelly

2017

Int J Ment Health Syst

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BackgroundIndia is revising its mental health legislation with the Indian Mental Healthcare Act 2017 (IMHA). When implemented, this legislation will apply to over 1.25 billion people. In 2005, the World Health Organization (WHO) published a Resource Book (WHO-RB) on mental health, human rights and legislation, including a checklist of 175 specific items to be addressed in mental health legislation or policy in individual countries. Even following the publication of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) (2006), the WHO-RB remains the most comprehensive checklist for mental health legislation available, rooted in UN and WHO documents and providing the most systematic, detailed framework for human rights analysis of mental health legislation. We sought to determine the extent to which the IMHA will bring Indian legislation in line with the WHO-RB.MethodsThe IMHA and other relevant pieces of Indian legislation are compared to each of the items in the WHO-RB. We classify each item in a binary manner, as either concordant or not, and provide more nuanced detail in the text.ResultsThe IMHA addresses 96/175 (55.4%) of the WHO-RB standards examined. When other relevant Indian legislation is taken into account, 118/175 (68.0%) of the standards are addressed in Indian law. Important areas of low concordance include the rights of families and carers, competence and guardianship, non-protesting patients and involuntary community treatment. The important legal constructs of advance directives, supported decision-making and nominated representatives are articulated in the Indian legislation and explored in this paper.ConclusionsIn theory, the IMHA is a highly progressive piece of legislation, especially when compared to legislation in other jurisdictions subject to similar analysis. Along with the Indian Rights of Persons with Disabilities Act 2016, it will bring Indian law closely in line with the WHO-RB. Vague, opaque language is however, used in certain contentious areas; this may represent arrangement-focused rather than realisation-focused legislation, and lead to inadvertent limitation of certain rights. Finally, the WHO-RB checklist is an extremely useful tool for this kind of analysis; we recommend it is updated to reflect the CRPD and other relevant developments.

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From Invisible Citizens to Agents of Change: A Short History of the Struggle for the Recognition of the Rights of Persons with Disabilities at the United Nations

Cited by 17 publications

References 6 publications

The Global Diffusion of Social Innovations – An Analysis of Twitter Communication Networks Related to Inclusive Education

The Global Diffusion of Social Innovations – An Analysis of Twitter Communication Networks Related to Inclusive Education

Protection for Privacy under the United Nations Convention on the Rights of Persons with Disabilities

Concordance of the Indian Mental Healthcare Act 2017 with the World Health Organization’s Checklist on Mental Health Legislation

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