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Invisible victims of sexual violence. Access to justice for women and girls with disabilities in India

HUMAN RIGHTS WATCH
April 2018

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This report is based on 17 cases of sexual violence against women and girls with disabilities in eight Indian states. It comes five years after The Criminal Law (Amendment) Act, 2013 (the 2013 amendments) were adopted in India. It follows Human Rights Watch’s November 2017 report “Everyone Blames Me”: Barriers to Justice and Support Services for Sexual Assault Survivors in India, which found that rape survivors still face significant barriers obtaining justice and critical support services because legal and other reforms have not been fully realised.

This report finds that while the 2013 amendments have made significant progress in responding to the widespread challenges that victims of sexual violence endure, they have yet to properly develop and implement support for survivors with disabilities in the form of trainings and reforms throughout the criminal justice system. It highlights gaps in enforcement and calls for concrete measures to address the needs of women and girls with disabilities seeking justice for abuse. 

Disability in North Africa

ROHWERDER, Brigitte
April 2018

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This desk-based research reports explores the experiences of people with disabilities of inclusion and marginalisation in North Africa, and whether this has had an impact on regional/national economies and wider prosperity. 

Disability inclusion in disaster risk management - Promising practices and opportunities for enhanced engagements

GUERNSEY, Katherine
SCHERRER, Valerie
April 2018

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Disaster risk management aims to address vulnerability in order to reduce risk and therefore needs to consider the full range of vulnerability drivers, including those that affect persons with disabilities. This report presents the results of comprehensive review of the state of practice in disability-inclusive Disaster risk management (DRM) undertaken by GFDRR (Global Facility for Disaster Reduction and Recovery). The report is intended to help World Bank staff incorporate persons with disabilities and a disability perspective into their ongoing DRM work. The report will also be of interest to other development actors and stakeholders working on DRM.

Report of the informal consultation on stopping discrimination and promotion inclusion of persons affected by Leprosy. New Delhi, 14–16 Nov 2017

COOREMAN, Erwin
WHO SEARO/Department of Control of Neglected Tropical Diseases
et al
2018

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An Informal Consultation on Stopping Discrimination and Promoting Inclusion of Persons Affected by Leprosy was held in New Delhi from 14 to 16 November 2017. Forty delegates with diverse backgrounds, experience and expertise enriched the discussions. Persons affected by leprosy brought to the table the challenges faced in daily life and suggested actions to be taken to reduce stigma and discrimination related to leprosy. Representatives of national programmes presented actions taken in their respective countries. The participants acknowledged the fact that stigma and discrimination related to leprosy still exists at a significant level. Information about stigma and discrimination related to leprosy needs to be collected in a more systematic manner to assess the magnitude of the problem and to further plan activities to reduce it.

Key recommendations from the consultation included counselling and reporting of incidences of discrimination. Efforts should be continued to inform facts about leprosy to the community.

The participants strongly recommended that leprosy programmes should adopt a ‘rights-based approach’ in line with the Sustainable Development Goals.

International Humanitarian Law (IHL) and Persons with Disabilities

INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC)
October 2017

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"International humanitarian law (IHL) is a set of rules that, in times of armed conflict, seeks – for humanitarian reasons – to protect persons who are not, or are no longer directly participating in hostilities, and to restrict means and methods of warfare. IHL requires parties to armed conflicts to afford special respect and protection to persons with disabilities and helps ensure their inclusion. A number of weapons-related treaties aims to prevent certain disabilities from occurring by prohibiting the use of particular weapons and reducing the dangers they pose. They also seek to ensure that victims receive appropriate assistance"

A guide for ensuring equity and inclusion in education

UNESCO
July 2017

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This guide is intended to support countries in embedding inclusion and equity in educational policy. It supports Sustainable Development Goal (SDG) 4 on education calls for inclusive and equitable quality education and lifelong learning opportunities for all by 2030. The guide is intended for use primarily by key government education policy-makers working with key stakeholders. The guide provides an assessment framework that can serve to: review how well equity and inclusion currently figure in existing policies; decide which actions are needed to improve policies and their implementation towards equitable and inclusive education systems; and monitor progress. The guide includes evidence that informs the assessment framework, examples of initiatives that are contributing to more inclusive and equitable education systems in different parts of the world, and recommendations for further reading. 

Still left behind: Pathways to inclusive education for girls with disabilities

ABU AL-GHAIB, Ola
ANDRAE, Karen
GONDWE, Rachel
LEONARD CHESHIRE DISABILITY
June 2017

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This progress review aims to: provide a synthesis of the understanding of the additional barriers that girls with disabilities face in education; highlight effective or promising approaches and programmes addressing these barriers, including policies and legislation; point to gaps in evidence; and provide recommendations on a way forward. An internet search of relevant grey and academic literature on gender-responsive inclusive education was carried out. A search of websites of (inter) national non-governmental organisations, donors, and research institutions on the subject of gender-responsive inclusive education was conducted. In addition, requests for information on gender-responsive inclusive education interventions were submitted to platforms such as the Pelican Initiative and the Gender and Development Network UK. Subsequent referral to contact persons was followed up via email and phone with requests for sharing of studies, evaluations, progress reports, and other relevant documents of interventions.

Support and guidance for the report provided by UN Girls’ Education Initiative (UNGEI)

Being disabled in Britain: a journey less equal

EQUALITY AND HUMAN RIGHTS COMMISSION
April 2017

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"Being disabled in Britain is a review into disability inequality in Great Britain. It builds on the Equality and Human Rights Commission’s statutory five-yearly report on equality and human rights progress in England, Scotland and Wales, Is Britain Fairer?.

We want this report to be used by UK and devolved governments to make improvements to law and policies, by local government to ensure services meet the needs of disabled people, and by disability groups to strengthen their case for change.

The report includes chapters on six areas of life, including education, work, health, justice and participation in politics, looking at where there has been progress and where there are still serious issues to be tackled. It also looks the experiences of those with different impairments and how these impact on people’s life chances"

Normality and disability: intersections among norms, law, and culture

GOGGIN, Gerald
STEELE, Linda
CADWALLADER, Jessica
April 2017

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The central aim of this anthology of papers is to consider the place of law in political, social, scientific and biomedical developments relating to disability and other categories of ‘abnormality’. The papers consider how categories of abnormality relate to the privileged and frequently unmarked position of ‘normality’ and how legal interventions in abnormality relate to existing normative designations in the dominant cultural imaginary. This collection of papers has a range of disciplinary approaches

Paper titles:

  • Fit or fitting in: deciding against normal when reproducing the future
  • Eccentricity: the case for undermining legal categories of disability and normalcy
  • Eugenics and the normal body: the role of visual images and intelligence testing in framing the treatment of people with disabilities in the early twentieth century
  • The construction of access: the eugenic precedent of the Americans with Disabilities Act
  • Disability and torture: exception, epistemology and ‘black sites’
  • Mental capacity and states of exception: revisiting disability law with Giorgio Agamben
  • Not just language: an analysis of discursive constructions of disability in sentencing remarks
  • Policing normalcy: sexual violence against women offenders with disability
  • ‘The government is the cause of the disease and we are stuck with the symptoms’: deinstitutionalisation, mental health advocacy and police shootings in 1990s Victoria
  • Disruptive, dangerous and disturbing: the ‘challenge’ of behaviour in the construction of normalcy and vulnerability
  • Making the abject: problem-solving courts, addiction, mental illness and impairment
  • Cripwashing: the abortion debates at the crossroads of gender and disability in the Spanish media
  • ‘Figurehead’ hate crime cases: developing a framework for understanding and exposing the ‘problem’ with ‘disability’

Continuum 

Journal of Media & Cultural Studies, Vol.31, No.3, pp. 337-340

http://dx.doi.org/10.1080/10304312.2017.1275077

A study on the equal recognition before the law - Contribution towards the Council of Europe strategy on the rights of persons with disabilities (2017)

NATIONAL UNIVERSITY OF IRELAND
March 2017

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This study aims to identify ways and means of implementation of Article 121 of the UN Convention on the Rights of Persons with Disabilities (CRPD) which affirms the right to equal recognition before the law. It represents a paradigm shift to identifying persons with disabilities as subjects with legal rights. There are 4 parts. Firstly, the scope of the obligations contained in Article 12 is analysed. Secondly, the approaches taken by various member States of the Council of Europe to comply with Article 12 of the CPRD by way of law reform and shifts in policies and practices are surveyed. Good practice examples from member States are then provided to demonstrate approaches which show potential for fuller alignment with Article 12.  Finally, a recommended set of measures is set out to provide guidance to member States on how best to reform their legal architecture in accordance with the requirements of Article 12.

Promoting equality and non-discrimination for persons with disabilities

WADDINGTON, Lisa
BRODERICK, Andrea
March 2017

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"Ensuring equal opportunities for persons with disabilities is an important facilitator of participation and inclusion in society. Both the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Council of Europe Disability Strategy 2017-2023 address equality and equalisation of opportunities for persons with disabilities. Article 5 of the UNCPRD requires States to adopt positive measures aimed at ensuring equality across the substantive rights in the Convention. The Council of Europe Disability Strategy aims at guiding and supporting the activities of Council of Europe member States in their implementation of the UNCRPD and Council of Europe standards regarding disability, and similarly addresses equality and non-discrimination.

The overall goal of this study is to analyse the obligations contained in the UNCRPD regarding equality and non-discrimination, and to provide examples of good national practices regarding equality and non-discrimination"

Progress Report on the implementation of the European Disability Strategy (2010-2020)

EUROPEAN COMMISSION
February 2017

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The Strategy is the main instrument to support the EU's implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Progress in all eight areas of the strategy is reported: accessibility, participation, equality, employment, education and training, social protection, health and external action. Initiatives such as the Directive on Web Accessibility, the proposal for a European Accessibility Act, the EU Disability Card project (being piloted in 8 Member States) and provisions in the Erasmus+ programme (allowing better mobility for students with disabilities) are highlighted. 

 

This report presents progress achieved in the first five years of the Strategy and assesses implementation. Many stakeholders have contributed to this work. The United Nations reviewed how the EU has been implementing its obligations under the UNCRPD3, and issued Concluding Observations with concrete recommendations for follow-up. These contain guidance on priority issues while also highlighting the steps already taken (see Annex 3). The European Parliament and the European Economic and Social Committee subsequently prepared their own reports on the implementation of the UNCRPD, while civil society organisations provided analysis and proposals (see Annex 4). The Commission also launched a public consultation to collect views from a broad range of stakeholders on the current situation of persons with disabilities and the impact of the Strategy so far, gathering more than 1,500 contributions (see Annex 1). This report also looks at the role of the supporting instruments and at the implementation of the UNCRPD within the EU institutions. Finally, it looks ahead at how the Strategy will continue to deliver on its objectives. In addition, the report includes a comprehensive and up-to-date overview of EU legal acts with an impact on disability matters (Annex 5)

 

SWD(2017) 29 final

Global database on violence against women

UN WOMEN
2017

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"Violence against women and girls is one of the most systematic and widespread human rights violations. According to a 2013 global review of available data, 35 per cent of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence. Eliminating such violence globally requires intensive efforts, which led world leaders to establish an online tool that increases opportunities to exchange experiences and strengthen knowledge to prevent and stop violence against women. The Global Database on Violence against Women provides easy access to comprehensive and up-to-date information on measures undertaken by United Nations Member States to address all forms of violence against women.

The Database is designed to:

  • Provide easy access to comprehensive and up-to-date information on measures undertaken by Governments to address all forms of violence against women;
  • Increase opportunities for exchange of experiences in addressing violence against women;
  • Strengthen the knowledge-base for effective policy responses to prevent and address violence against women; and
  • Encourage the further collection, availability, use and dissemination of data on violence against women, as well as analysis of such data"

Disability law and reasonable accommodation beyond employment. A legal analysis of the situation in EU Member States.

EUROPEAN COMMISSION
DIRECTOR-GENERAL FOR JUSTICE AND CONSUMERS
WADDINGTON, Lisa
BRODERICK, Andrea
POULOS, Anne
November 2016

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This report analyses the situation in the 28 EU Member States with regard to obligations to provide reasonable accommodation outside the field of employment. More specifically, the report outlines the duties contained in Member States’ laws and policies with respect to reasonable accommodation in the areas covered by the 2008 proposal of the European Commission for a directive to protect people from discrimination on the ground of disability, as well as discrimination on a number of other grounds (henceforth 2008 proposal). The 2008 proposal addresses the fields of social protection, including social security, healthcare and social housing; education; and access to, and supply of, goods and services, including housing. It seeks to prohibit six kinds of discrimination including, in the context of disability, an unjustified denial of a reasonable accommodation

DOI: 10.2838/15305

Toolkit on disability for Africa

UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS (UNDESA)
November 2016

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A Toolkit on Disability for Africa has been developed by the United Nations Department of Economic and Social Affairs (UNDESA), Division for Social Policy and Development (DSPD). It is designed for the African context and aims to:

  • Provide practical tools on various disability-related issues to government officials, members of parliament, civil and public servants at all levels, disabled persons organizations (DPOs) and all those with an interest in the inclusion of persons with disabilities in society and development;
  • Support the implementation of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and disability-inclusive development;
  • Offer examples of good practices from many countries in the African region.

 

Toolkit Modules:

  • UN DESA toolkit on CRPD – Trainers’ tips
  • Introducing the UNCRPD
  • Frameworks for implementing and monitoring the UNCRPD
  • Disability-inclusive development
  • Accessibility
  • Building multi-stakeholders partnerships for disability inclusion
  • National plans on disability
  • Legislating for disability rights
  • Access to justice for persons with disabilities
  • The rights of persons with disabilities to work
  • Inclusive health services for persons with disabilities
  • Participation in political and public life
  • Information and communication technology (ICT) and disability
  • Culture, beliefs, and disability
  • Inclusive education

European Semester : Developing more inclusive labour markets for all?

EUROPEAN ASSOCIATION OF SERVICE PROVIDERS FOR PEOPLE WITH DISABILITIES (EASPD)
November 2016

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This report examines why the European Semester should look further into the employment rates of persons with disabilities and which measures should be taken at national level to improve the current situation. An overview is given on employment and the UN CRPD and its meaning for the European Union (EU). What the EU is currently doing when it comes to developing more inclusive labour markets through its Employment policy and the European Semester process is examined. The assessment of the legal, political and economic arguments why the European Commission should do more in regard to the employment of persons with disabilities are presented. The economic arguments are also presented through a Study developed specifically for this report by Professor Stephen Beyer. Several ideas as to how the European Commission could focus more on this issue, with feasible and pragmatic recommendations are presented. Specific national messages from EASPD members are included on what changes are needed to tackle the significant unemployment rate of persons with disabilities throughout Europe; including in Bulgaria, the Czech Republic, Finland, France, Greece, Ireland, Poland, Portugal, Slovakia and Spain.  

The Equality Act 2010: the impact on disabled people. House of Lords Select Committee on the Equality Act 2010 and disability report of session 2015–16

HOUSE OF LORDS, Select Committee on the Equality Act 2010 and Disability
March 2016

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The committee considered whether the UK Equality Act 2010, a legislative framework, adequately supports the fight against disability discrimination and how it can be made to work better for disabled people. Aspects covered include: the Red Tape Challenge; the Public Sector Equality Duty; leisure facilities and housing; access to justice; the restoration of the Equality and Human Rights helpline and conciliation service; and communication. Major issues identified were the need to include disabled people in the planning of services and buildings and communication concerning this, the need to be proactive rather than reactive or process driven and the importance of enforceable rights. Statistics concerning disabled people living in the UK are presented. The development of the Equality Act, and it's relationship with the UNCRPD and with EU law are outlined.

The Employment Equality Directive - European implementation assessment

TYMOKSKI, Jan
February 2016

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"The adoption of the Employment Equality Directive in 2000 extended the protection against discrimination provided under EU law. By explicitly obliging the Member States to prohibit discrimination in employment on the grounds of religion or belief, age, disability and sexual orientation, the general principles set out in the Treaties became more effective, and some minimum standards are now common throughout Europe. At the same time, specific exceptions with regard to all or only some of those grounds permit the continuation of certain measures that were already in place in most countries, which has led to different national practices, especially with regard to age. Additional provisions on horizontal issues such as access to justice and sanctions, dissemination of information and necessary dialogue, left the details to be established by Member States according to their laws and customs. This analysis builds on the available documents and expertise in order to facilitate the debate on the implementation of the Employment Equality Directive to date and on how best to follow it up" 

DOI: 10.2861/178997

 

EU implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD)

ANGLMAYER, Irmgard
February 2016

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"This in-depth analysis, produced by the Ex-Post Impact Assessment Unit of the European Parliamentary Research Service (EPRS), looks into the state of play of the implementation by the European Union of the UN Convention on the Rights of Persons with Disabilities (UN CRPD), after the first round of the review process. The Convention's overarching principles entail mainstreaming of disability rights across all policies and within all institutions. This paper analyses the institutional arrangements required to monitor the implementation process, and subsequently puts the recommendations of the CRPD Committee ('Concluding Observations') into a broader context, outlining the progress made so far and the challenges ahead"

DOI: 10.2861/831248

Reasonable accommodation for disabled people in employment. A legal analysis of the situation in EU Member States, Iceland, Liechtenstein and Norway

FERRI, Delia
LAWSON, Anna
2016

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This report focuses on reasonable accommodation duties for disabled people in employment. It also addresses the link between reasonable accommodation and accessibility and considers other legal requirements that may be used to enhance the accessibility of workplaces. Legal developments at UN and EU level are examined, together with developments in 31 countries (the 28 EU Member States, Iceland, Liechtenstein and Norway).  This study is derived primarily from a series of country specific reports compiled by the national expert members of the European network of legal experts in gender equality and non-discrimination. Two legal instruments are used to provide the evaluative framework for this study – the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the Employment Equality Directive. The meaning of ‘disability’, for purposes of the Employment Equality Directive, has been the subject of numerous Court of Justice (CJEU) decisions. Inconsistency and lack of clarity are discussed and recommendations are proposed. An annex of country specific information is provided

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