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Disability

Disability. Helena Pereira de Melo Helenapmelo@fd.unl.pt March 2013 1 1. Disability. 2. Convention on the Rights of Persons with Disabilities (CRPD):.

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Disability

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  1. Disability Helena Pereira de Melo Helenapmelo@fd.unl.pt March 201311

  2. Disability 2

  3. Convention on the Rights of Persons with Disabilities (CRPD): “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others” (art. 1)

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  5. - Are we all persons with disability? - Who defines “disability”? - Are people with disabilities at greater risk of discrimination?

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  7. The Birthday of the Infanta: 'When the truth dawned upon him, he gave a wild cry of despair, and fell sobbing to the ground. So it was he who was misshapen and hunchbacked, foul to look at and grotesque. He himself was the monster, and it was at him that all the children had been laughing, and the little Princess who he had thought loved him - she too had been merely mocking at his ugliness, and making merry over his twisted limbs. 'Why had they not left him in the forest, where there was no mirror to tell him how loathsome he was? 'Why had his father not killed him, rather that sell him to his shame? The hot tears poured down his cheeks, and he tore the white rose to pieces.”

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  9. 400 years later USA couples want to undergo Medically Assisted Procreation to have dwarf children

  10. Disability = less rights – Civil Law 10

  11. Código Civil Español (1889) “Para los efectos civiles, sólo se reputará nacido el feto que tuviere figura humana y viviere veinticuatro horas enteramente desprendido del seno materno.” (art. 30)

  12. CRPD – art. 12: “1. State Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.”

  13. Disability= different rights 13

  14. CRPD – State Parties shall: • “take all appropriate measures to ensure that people with disabilities can exercise the right to freedom of expression and opinion (…) accepting and facilitating the use of sign language”. (art. 21) • “promote the linguistic identity of the death community” (art. 24)

  15. Rights of the person: • As a “person” • As a “person with disability”

  16. As a “person” the disabled person is a full citizen that has the rights recognized in the: • Universal Declaration of Human Rights (UN, 1948); • Universal Declaration on the Human Genome and Human Rights (UNESCO, 1997); • International Covenant on Civil and Political Rights (UN, 1966); • International Covenant on Economic, Social and Cultural Rights (UN, 1966);

  17. Convention on the Rights of the Child (UN, 1989); • Convention for the Protection of Human Rights and Fundamental Freedoms (CE, 1950); • European Social Charter (revised) (CE, 1996); • Charter of Fundamental Rights of the European Union (EU, 2000).

  18. Every disabled person has the: • right to life; • right to physical and mental integrity; • right to liberty; • right to personal identity; • right to respect of his privacy; • right to work; • right to social assistance; • right to protection of health.

  19. Rights of the disabledas a “disabled person”: • who belongs to a group which is vulnerable because of the suffering caused by being “different”; • having in mind the general texts on human rights, international organizations adopted specific texts that consider his specific situation.

  20. 2. As a “person with disability” • CRPD (UN, 2007) • CFREU (2000) • Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and education • ILO Convention concerning Vocational Rehabilitation and Employment (Disabled Persons) (1985)

  21. ILO Recommendation on Vocational Rehabilitation and Employment (Disabled Persons) (1983) • CE Recommendation CM/Rec(2009)6 of the Committee of Ministers to member states on ageing and disability in the 21st century • CE Rec(2010) of the Parliamentary Assembly guaranteeing the right to education for children with illnesses or disabilities

  22. CRPD – art. 1.º “The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”

  23. Main ideas: • Reasonable accommodation – adjustments when needed in a particular case, to ensure to persons with disabilities the exercise of human rights; • Accessibility– measures to ensure to persons with disabilities access to the physical environment, to transportation, to information and communication.

  24. Cash point

  25. The person with disabilities has the right to: • To live independently and participate fully in all aspects of life; • To equal protection and equal benefit of the law; • To personal mobility; • To habilitation and rehabilitation, particularly in the areas of health, employment, education and social services.

  26. “The difference of the other has not only to be respected, but to be recognized in ourselves. The recognition of our similarity with the persons with disability underlies the solidarity that expresses human dignity.” Julia Kristeva, Lettre au président de la République sur les citoyens en situation de handicap, 2003

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