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Assessing fiscal policies from a human rights perspective

Center for Economic and Social Rights
July 2016

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"The study undertaken by the Center for Economic and Social Rights (CESR) and the Instituto Centroamericano de Estudios Fiscales (ICEFI) aimed to contribute to a broader reflection on the role of fiscal policy in complying with a state’s economic, social and cultural rights (ESCR) obligations. Despite being a middle-income country with the largest economy in Central America, Guatemala’s social indicators were alarming; with more than half the population living below the national poverty line and one in seven Guatemalans living in extreme poverty. The persistence of systemic inequality and discrimination could be partially explained by the legacy of almost 40 years of armed conflict, which did not end until the signing of the Peace Accords in 1996. Nevertheless, the stark contrasts between rich and poor suggested that the dismal state of ESC rights could not be attributed to limited state resources, but to the way in which they were distributed, this highlighted the need to hold the state accountable for its efforts to generate and manage resources equitably and in accordance with its human rights obligations.... Methodological case study on the use of available resources to realize economic, social and cultural rights in Guatemala

Challenges to principled humanitarian action: Perspectives from four countries.

NORWEGIAN REFUGEE COUNCIL
Handicap International
July 2016

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The purpose of this paper is to contribute to an increased understanding of the perceived and actual challenges humanitarians face in operational contexts as they apply the principles of humanity, impartiality, neutrality and independence. A snapshot is provided of four case studies; Colombia, Nepal, northern Syria and South Sudan. Through a combination of field research, headquarters interviews, desk research, and a webinar, views and observations are presented from the humanitarian community. These observations provide a glimpse into the challenges faced by principled humanitarians. As a result the paper puts forward seven recommendations intended to assist humanitarians and states to sharpen tools and strengthen approaches when implementing principled humanitarian protection and assistance. An addendum to this study provides perspectives from selected members of the donor community. This research was conducted through interviews with state representatives in Geneva, aiming to understand how donors perceive their responsibilities in upholding the humanitarian principles and the Good Humanitarian Donorship Principles. This final chapter highlights challenges faced by states while supporting principled humanitarian action, particularly in conflict zones. On the basis of this research, additional recommendations for both states and humanitarians are proposed to strengthen the adherence to the humanitarian principles

UNCRPD: What is Article 12 and legal capacity?

MENTAL HEALTH EUROPE (MHE)
June 2016

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Article 12. of the UNCRPD wants to ensure that every person with disabilities including people with psychosocial disabilities may enjoy equal recognition before the law which requires legal capacity.

This short animated video seeks to explain what legal capacity is all about and recalls that everyone has the inherent right to make their own choices including people with psychosocial disabilities. 

"Working to improve our own futures": Inclusion of women and girls with disabilities in humanitarian action

Women's Refugee Commission
May 2016

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While humanitarian organizations are increasingly recognizing women and girls with disabilities in policies and guidelines, there are still significant gaps in operationalizing this. Their needs and capacities are often under-represented in gender, protection and disability forums. Furthermore, organizations of women with disabilities, which can play a critical role in bridging the development/humanitarian divide, are not meaningfully included in humanitarian coordination and decision-making.This report documents the findings from a global mapping on inclusion of women and girls with disabilities in humanitarian action. It presents recommendations to strengthen the role of organizations of women with disabilities. These organizations have the skills and expertise to identify and monitor protection concerns in affected communities, bridging the humanitarian - development divide. However, they face a vicious cycle of exclusion from both the women's and disability rights movements, which in turn reduces their access to financial opportunities and capacity development.

Opera : a four step framework for monitoring economic, social and cultural rights fulfillment

CENTER FOR ECONOMIC AND SOCIAL RIGHTS (CESR)
March 2016

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This infographic illustrates the OPERA framework. This framework is for monitoring economic, social and cultural rights fulfilment and consists of four levels of analysis: outcomes, policy efforts, resources and assessment. The infographic lays out specific benchmarks and for what is measured by each level of analysis and how each concept is to be measured

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.

How to talk about disability and human rights

FRAMEWORKS INSTITUTE
March 2016

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"This MessageBrief summarises and comments on the framing strategies currently in use to communicate information about disability and human rights. The recommendations presented here are based on framing “best practices,” gleaned from more than 15 years of communications research on a wide range of social issues, and represent important opportunities for disability rights advocates to communicate more effectively". This brief reviews more than 55 communications materials sampled from 20 organisations involved in the disability rights field. Five primary framing strategies: Unframed Facts and Numbers, Description Instead of Explanation, Problems Without Solutions, Crisis Stories, and Vivid Cases in current communications are identified and 8 recommendations are presented. Gaps in existing research precluding the ability to make more specific reframing recommendations are identified.

Disability and social protection programmes in low- and middle-income countries: a systematic review

BANKS, Lena Morgon
MEAKLE, Rachel
MACTAGGART, Islay
et al
2016

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“This paper systematically reviews the evidence on whether persons with disabilities in low- and middle-income countries are adequately included in social protection programmes, and assesses the financial and non-financial impacts of participation. Overall, we found that access to social protection appears to fall far below need. Benefits from participation are mostly limited to maintaining minimum living standards and do not appear to fulfil the potential of long-term individual and societal social and economic development. However, the most notable finding of this review is that there is a dearth of high-quality, robust evidence in this area, indicating a need for further research.”

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

“Our children have the right to an education too”: Strategies employed by Orange Farm Caregivers of Children with Disabilities in Pursuit of the Right to a Basic Education

Elphick, Jean
De SasKropiwnicki, Zosa
Elphick, Rosalind
2016

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Purpose: This paper aims to understand the agency that caregivers who participated in a CBR empowerment component programme exercised, in order to promote the rights of their children with disabilities to a basic education.

 

Methods: An interdisciplinary theoretical framework and qualitative methodology were used to examine the agency and the opportunity structures within which the caregivers operate. Focus group discussions, case study interviews and secondary Programme data were analysed using manual thematic analysis.

 

Results: Thousands of children with disabilities in South Africa are effectively denied the right to a basic education as a result of discriminatory norms, stigmatising discourses and unjust power relations. Yet, a group of caregivers have successfully advocated for their children with disabilities in the township of Orange Farm, Gauteng. Their lobbying has contributed to the establishment, by the State, of a new school.

 

Conclusion and Implications: The findings suggest that human rights advocacy movements, as well as disability organisations, would do well to recognise and encourage the power and agency possessed by caregivers of children with disabilities. Catalysing civic action and providing opportunities for active citizenry and self-help seem to nurture increased efficacy and competence at navigating systems and accessing rights. While advocacy organisations may act as proxy agents, direct and collective agentic strategies should be nurtured. 

 

In implementing inclusive education, policy makers and the Department of Education should recognise the role that caregivers of children with disabilities can play, and the potential contribution that their motivation, resourcefulness, and disability-related knowledge can make.

China’s Mental Health Law: Analysis of Core Concepts of Human Rights and Inclusion of Vulnerable Groups

Hussey, Meghan Marie
Mannan, Hasheem
2016

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Purpose: The aim of this research is to assess China’s first Mental Health Law in terms of Core Concepts of Human Rights and equitable coverage of Vulnerable Groups.

 

Methods: The EquiFrame analytical tool provided the framework for evaluation of the inclusion of Core Concepts of Human Rights as well as Vulnerable Groups in the Law.

 

Results: China’s Mental Health Law scored 83% for Core Concept coverage, with a Core Concept Quality score of 76%. The Law had a 42% score for Vulnerable Groups coverage. This gave the Law an overall score of “Moderate” in terms of Human Rights coverage.

 

Conclusions: China’s Mental Health Law is a landmark document providing the country’s first ever legal framework for mental health. While the Law scores high on level commitment in Core Concepts of Human Rights, the potential for equitable protection would be enhanced by increased inclusion of Vulnerable Groups.

 

Limitations: Further analyses of health and social policies in the People’s Republic of China from a Human Rights perspective would provide a deeper understanding of the Law in context.

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

Report of the Special Rapporteur on the rights of persons with disabilities (theme: the right of persons with disabilities to participate in decision-making)

DEVANDAS-AGUILAR, Catalina
January 2016

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In the preparation of this study, a questionnaire was sent to Member States, national human rights institutions, agencies of the United Nations system, civil society organizations, and persons with disabilities and their representative organisations. As at 22 December 2015, 144 responses were received. The report covers the participation of persons with disabilities in political and public life (right to vote and be elected, right to access public service and right to participate in the conduct of public affairs). The report also covers participation of persons with disabilities in public decision making (importance of effective and meaningful participation, ensuring the participation of representative organisations of persons with disabilities, promoting consultation and the active involvement of persons with disabilities, and key areas for participation). Recommendations are presented.

Ensuring that no one is left behind. High-level political forum (HLPF) 2016 position paper by Persons with Disabilities.

INTERNATIONAL DISABILITY ALLIANCE (IDA)
2016

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This position paper states that "only by utilising the UN Convention on the Rights of Persons with Disabilities (CRPD) as a guiding framework in implementing the SDGs, will it be ensured that exclusion and inequality are not created or perpetuated". Proposals are made and background presented on the topics of: the unfinished work of the MDGs; realising, through an enabling environment, the full potential of persons with disabilities; working together to protect our planet; and reaching the farthest behind first

Accessible tourism research

DARCY, Simon
2016

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The blog seeks to present a brief history of accessible tourism through reviewing key documents and presenting new research as it is published. Central to the examination of the history of the field and contemporary innovation, is an understanding that accessible tourism is complex, multilayered and involves stakeholders from the commercial, government and the third sectors. Solutions need to be developed through collaboration and understanding stakeholder perspectives.

Advancing human rights : update on global foundation grantmaking : key findings

LAWRENCE, Steven
et al
2015

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This paper analyses the current (as of 2012) state of global human rights funding. Through the use of tables, graphs and other methods of data presentation, the International Human Rights Funders Group​ (IHRFG) outline the largest grants foundations, where and how the money is spent by these foundations, and the causes which these funds are spent on

Key findings

FOUNDATION CENTER
INTERNATIONAL HUMAN RIGHTS FUNDERS GROUP
2015

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A webpage from the Foundation Center, which gives hyperlinked access to the funding profiles of various international causes such as disability, access to justice, and gender equality. In addition there are links to the annual Key Findings on Global Foundation Grantmaking reports published by the Center 

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