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A guide to the Human Rights Act: a booklet for people with learning disabilities
- Author:
- GREAT BRITAIN. Ministry of Justice
- Publisher:
- Great Britain. Ministry of Justice
- Publication year:
- 2008
- Pagination:
- 20p.
- Place of publication:
- London
A Guide to the Human Rights Act for people with learning disabilities uses examples from everyday life to help explain what human rights means for them. Human rights are for everyone, especially the most vulnerable in society. This easily accessible booklet sets out the purpose of the Human Rights Act and the protections it affords. The booklet was produced by the Ministry of Justice with the help of Working with Words, a specialist supplier of services for people with learning disabilities and low literacy. It uses examples from work, supported housing, day services and dealing with the local council to illustrate how human rights apply to people's everyday lives.
The Mental Capacity Bill 2004: human rights concerns
- Author:
- LAING Jacqueline
- Journal article citation:
- Family Law, 35(2), February 2005, pp.137-142.
- Publisher:
- Jordan
The Bill represents the culmination of efforts to enact wide-ranging legislation in respect of the mentally incapacitated to encompass management and control not merely of financial affairs but, more controversially, healthcare and medical treatment. Defenders argue it empowers them by allowing them tor make decisions for themselves by way of court appointed deputies and attorneys authorised to decide on their behalf and by legally binding advance statements. It is argued that it goes no further than existing common law and in no way licenses abuse, exploitation or homicide, but since first reading human rights concerns have been articulated. Gives the background to the Bill and lists controversial clauses. Discusses withholding or withdrawing life-sustaining treatment, non-therapeutic research, arbitrary deprivations of liberty, non-voluntary abortion and sterilisation, and other defects. Concludes the concerns identified in recent cases are profound enough to suggest the Bill has been drafted on false assumptions, not assuaged by minor amendments, and that a thorough reconsideration would be appropriate. To press ahead would be to underestimate the potential for human rights violations.
Issues in human rights protection of intellectually disabled persons
- Author:
- DIMPOULOS Andreas
- Publisher:
- Ashgate
- Publication year:
- 2010
- Pagination:
- 264p.
- Place of publication:
- Farnham
In this book the author examines the potential impact of the United Nations Convention on the Rights of Persons with Disabilities on issues of intellectual disability and human rights protection, and argues that intellectual disability poses a distinct set of human rights challenges when compared with other types of disability. Noting that human rights within liberalism are linked to autonomous choice, the book aims to present "a theory as to how persons with intellectual disability can be allowed to flourish in a liberal setting through the exercise of their human rights, even though they may be perceived as non-autonomous". It looks at the European Convention on Human Rights and case law of the European Court of Human Rights, and includes a comparative analysis of the position of people with intellectual disability in English and German law.
Valuing People Now: a human rights perspective
- Author:
- PARKER Camilla
- Journal article citation:
- Tizard Learning Disability Review, 14(2), April 2009, pp.39-43.
- Publisher:
- Emerald
The government's 'Valuing People Now' strategy aims to ensure that people with a learning disability can lead their lives like anyone else and be treated with dignity and respect. The author argues that taking a human rights based approach to the Valuing People Now strategy is of crucial importance to its implementation. The article highlights five principles of a human rights approach and summarises requirements of the Human Rights Act 1998 and the UN Convention of the Rights of Persons with Disabilities.
Children with learning disabilities and their participation in judicial procedures – what can disability advocacy offer?
- Author:
- PETRI Gabor
- Journal article citation:
- Tizard Learning Disability Review, 22(1), 2017, pp.10-15.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to provide a commentary on the paper titled “The Zone of Parental Control, The ‘Gilded Cage’ and The Deprivation of a Child’s Liberty: Getting Around Article 5”. Design/methodology/approach: This paper uses the original article as a jumping off point to assess what aids advocacy organisations and human rights instruments can give to children with learning disabilities who enter legal procedures. Findings: Existing human rights laws such as the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities provide innovative principles to reviewing existing policies, but little practical guidance is given to real implementation. Disability advocacy is ambiguous towards the question of representation of children with learning disabilities. Originality/value: Literature on self-advocacy and especially on the self-advocacy and self-representation of children with learning disabilities is very limited. Access to justice for children with learning disabilities is similarly under-researched and is rarely addressed in disability advocacy. (Publisher abstract)
Social rights and civil society: 'giving force' without 'enforcement'
- Author:
- O'BRIEN Nick
- Journal article citation:
- Journal of Social Welfare and Family Law, 34(4), 2012, pp.459-470.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
In this article, the author explores the effectiveness of equality, human rights and ombudsman institutions in giving force to social rights. The article presents and discusses 3 specific examples of the institutional protection and promotion of equality rights: the strategic approach of the Disability Rights Commission in Britain between 2000 and 2007; the engagement of the Greek Parliamentary Ombudsman with civil society to give practical effect to European equality law, especially in respect of the Roma community; and the work of the Health Service Ombudsman in England in promoting health equality for people with learning disabilities. It asserts that in each of these examples the mobilisation of equality law, and indirectly of social rights entitlement, is dependent upon the activation of civil society and intermediate institutions.
Am I being forced to marry?: easy read information for people with learning disabilities
- Author:
- RESPOND ACTION GROUP
- Publisher:
- Respond
- Publication year:
- 2011
- Pagination:
- 7p.
- Place of publication:
- London
People with learning disabilities have the right to get married, but they also have the right not to get married. This easy read booklet provides information for anyone who feels they are being or have been forced into marriage.
A short guide to the equality duties for social care service users: easy read version
- Author:
- EQUALITY AND HUMAN RIGHTS COMMISSION
- Publisher:
- Equality and Human Rights Commission
- Publication year:
- 2009
- Pagination:
- 15p.
- Place of publication:
- Manchester
This Easy Read guide explains what the equality duties are and what an equality scheme is, and what to do if a council breaks the law. It is designed to support people with learning disabilities when engaging with public authorities to challenge institutional discrimination. It describes what equality duties are, and how public authorities must work hard to make things fairer and more equal, before explaining that the equality duties say that public authorities must work hard to make sure everyone has the same chances. It then tells how councils must also follow the equality duties and make it easy for everyone to have a say about new care and support services. Finally, the guide examines what can be done if councils break the law regarding equality duties.
The right to political participation of persons with mental health problems and persons with intellectual disabilities
- Author:
- EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS
- Publisher:
- European Union Agency for Fundamental Rights
- Publication year:
- 2010
- Pagination:
- 24p.
- Place of publication:
- Vienna
The right to vote and to be elected is a fundamental right that all citizens in the European Union should be able to enjoy, on an equal basis. The report highlights international and European standards in this area and analyses the current legal framework in all 27 EU Member States, with the intention of contributing to knowledge about and the process of reform currently taking place in the EU Member States. The report starts by describing the international and European standards favouring the full participation of persons with intellectual disabilities and persons with mental health problems in the electoral process. The comparative law analysis then highlights the diverse approaches adopted in the EU Member States. In a majority of these, persons who have lost their legal capacity are automatically deprived of their right to political participation. The European Court of Human Rights, however, clearly stated that such an automatic deprivation contravenes the European Convention on Human Rights. In other EU Member States, the practice is to organise an individualised assessment of the actual ability to vote of the individuals in question. Finally, a third group of EU Member States have moved towards full participation of persons with disabilities in the electoral process. The report provides suggestions for the way forward to make sure that the standards in this area are applied in practice.
The human rights of persons with intellectual disabilities
- Editors:
- HERR Stanley, GOSTIN Lawrence O., KOH Harold Hongju, (eds.)
- Publisher:
- Oxford University Press
- Publication year:
- 2003
- Pagination:
- 551p.
- Place of publication:
- Oxford
This volume brings together two important contemporary social movements: human rights and disability rights. It analyses the global struggle to realize equality, dignity, and comprehensive human and civil rights for persons with intellectual disabilities. In twenty original chapters, contributors from a range of disciplines address the latest international developments in the field. These include international human rights standards and other sources of legal protection, nondiscrimination laws and the economics of equality, preventative technology, remediation and habilitation, and lifestyle choices and autonomy. The volume identifies recent international advances in their human rights and public policy positions, in addition to making recommendations for further advances at both the national and international levels. Although human rights are universal and persons with intellectual disabilities are entitled to protection under general human rights law, the authors argue that there are differences that must be taken into account in order that the intellectually disabled can enjoy even the most basic of rights. This volume explores the implications of altering the status quo, and offers policy-makers and professionals ways to learn from each other's innovations in protecting rights, implementing quality assurance measures, and applying the concepts of inclusion and the 'least restrictive environment'.