The UN Convention on Rights of Persons with Disabilities and Its Impact on Disability Law in India*

Kothari, Jayna

doi:10.1093/acprof:oso/9780198077626.003.0015

Cited by 10 publications

(12 citation statements)

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“…The concept of reasonable accommodation has been given varied terminologies, including reasonable adjustments, adaptations or measures and effective or suitable modifications (Department of Economic and Social Affairs 2005). Reasonable accommodation is manifested in various ways, including seeing to medical expenses (Kothari 2010), adjustments in teaching times (American Association of University Professors 2012) and changes in the physical environment (Harvard Law Review Association 2013). It could also involve adjustments in teaching, learning and assessments, or access to adaptive technology (Kendall 2016).…”

Section: Introductionmentioning

confidence: 99%

Experiences of Students with Disabilities in Inaccessible Built Environments: A Case Study of a Student with Mobility Impairment in a University in Ghana

Tudzi¹,

Bugri²,

Danso³

2020

Scandinavian Journal of Disability Research

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Using the intrinsic case study approach, this study sought to find out the experiences of a female student with rare mobility challenges and how her specific needs were being met in a university in Ghana. The Convention on the Rights of Persons with Disabilities stipulates that lack of the provision of reasonable accommodation is discriminatory. However, not much is known on this issue in the higher education setting in Africa regarding accessibility in the built environment. The study aimed to help fill this gap. It involved the use of semi-structured interviews in 2015 and 2016. Content analysis was used for the data. The study concluded that where there were unique accessibility challenges, it was inappropriate to leave the specific needs of a student with disability to the discretion of individuals. It recommends attitudinal change and institutionalising reasonable accommodation in the university.

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Section: Introductionmentioning

confidence: 99%

Experiences of Students with Disabilities in Inaccessible Built Environments: A Case Study of a Student with Mobility Impairment in a University in Ghana

Tudzi¹,

Bugri²,

Danso³

2020

Scandinavian Journal of Disability Research

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“…While the extension to the cut‐off date provided psychological relief for some, PHS believed that the slum dwellers’ right to water needed to be identified as a fundamental right by the courts of Mumbai. In India, the Supreme Court in Delhi has protected the right to water as a ‘fundamental human right’ as part of the ‘right to life’ guaranteed under Article 21 of the Indian Constitution (Kothari, 2010). While the interpretation of this ‘derivative nature’ of the right to water has so far been limited to protecting water resources from pollution, the Supreme Court did not take the issue any further to explore whether this includes a positive obligation on the state to provide clean drinking water to all citizens.…”

Section: Discriminating Through Differential Fundamental Rightsmentioning

confidence: 99%

AFTER THE RIGHT TO WATER: Rethinking the State and Justice in Mumbai

Deekshit¹,

Sumbre²

2022

Int J Urban Regional Res

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“…These actions are rooted in the fact that India is a signatory to the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Article 9 of UNCRPD casts an obligation on all the signatory governments to take appropriate measures to ensure to PWDs access, at par with others, to the physical environment, to information and communications and to other facilities and services open to the public (Kothari, 2010).…”

Section: Contextmentioning

confidence: 99%

When affirmative action is not enough: challenges in career development of persons with disability

Gupta

Priyadarshi

2020

EDI

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PurposeThere is dearth of research pertaining to how persons with disability (PWDs) view their career and the issues they face in career development; past studies highlight either the organizational initiatives or individual factors in this regard. The present study bridges this gap by studying the PWDs' experiences and perceptions on challenges in their career development.Design/methodology/approachAn exploratory study through interview of professionally qualified PWDs in India, who have a permanent employment.FindingsPWDs experience that affirmative action has a negative fallout as it leads to positive discrimination and hence, adversely affects their confidence and development.Research limitations/implicationsThe present study throws up new themes in the organizational climate that the PWDs face in career development, future studies can understand the aspirations of PWDs toward career and focus on the how the PWDs engage in shaping their career. Researchers can explore strategies that PWDs plan/adopt in creating a sustainable career for themselves. Scholars can also map the issues raised by PWDs with the career outcomes.Social implicationsThe Rights of Persons with Disability Act, 2016, of Government of India introduces a social model of disability in India. This paper deploys the social model of disability to enhance our understanding of the disability climate in India from a new lens.Originality/valueThis study introduces new themes that depict the environmental factors and are related to the organizational climate rather than self-focused issues of PWDs. The paper introduces two new subjective criteria, voiced by PWDs, for career development – a well-crafted capability-based career path and role of inspirational platforms. It introduces hitherto undiscovered issues toward career development, faced by PWDs who have a secure employment and a professional career. This is the first exclusive study of PWDs employed in public sector and thus, brings uniqueness in the context.

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The UN Convention on Rights of Persons with Disabilities and Its Impact on Disability Law in India*

Cited by 10 publications

References 0 publications

Experiences of Students with Disabilities in Inaccessible Built Environments: A Case Study of a Student with Mobility Impairment in a University in Ghana

Experiences of Students with Disabilities in Inaccessible Built Environments: A Case Study of a Student with Mobility Impairment in a University in Ghana

AFTER THE RIGHT TO WATER: Rethinking the State and Justice in Mumbai

When affirmative action is not enough: challenges in career development of persons with disability

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