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Dreams of a Deafblind Person! 一个聋哑人的梦想!
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2022-11-24 DOI: 10.1017/s1816383122001084
Alex Garcia
Alex Garcia, the “Gaucho”, is one of the most famous Persons with Rare Disease and Deafblind Persons in the world. He is an expert in special education at the Federal University of Santa Maria in the state of Rio Grande do Sul (UFSM/RS). He was the first Deafblind Person and Person with Hydrocephalus and Rare Disease to finish a post-graduate degree at a Brazilian university. He is the founder of the Gaucha Association of Parents and Friends of Deafblind people and people with Multiple Disabilities (AGAPASM).1 In Brazil, he has conducted pioneering research to find Deafblind people throughout the state of Rio Grande do Sul, where he is considered “the father” of Deafblindness. Since 2004, as a volunteer, he has structured a programme of home care with families of Deafblind people in Brazil. The programme helps with information and educational orientation, with medical and social referrals, with the training of professionals to attend Deafblind people in their original places, adapting these spaces, and also with special programmes in schools. As a writer, he was the first Deafblind Person to write a book about education in Latin America. His book “Deafblindness: Empirical and Scientific” was published in 2008. He was the first Deafblind Person in Brazil and Latin America to participate in a training programme for teachers with total liberty, held in Cuiabá, in the state of Mato Grosso. He was also the first Deafblind Person in Brazil and Latin America to work in a training programme for teachers with total liberty, where he taught two people with disabilities (a young blind educator and a young deaf educator). Alex also writes for the magazine Reação. Alex Garcia was the only Deafblind Person in the world to participate in the High-Level Meeting on Disability and Development “The Way
“高乔人”亚历克斯·加西亚是世界上最著名的罕见病患者和聋哑人之一。他是南里奥格兰德州圣玛丽亚联邦大学(UFSM/RS)的特殊教育专家。他是第一个在巴西大学完成研究生学位的聋哑人和脑积水和罕见疾病患者。他是Gaucha聋哑人和多重残疾人父母和朋友协会(AGAPASM)的创始人在巴西,他进行了开创性的研究,在南里奥格兰德州各地寻找聋哑人,在那里他被认为是“聋哑人之父”。自2004年以来,作为一名志愿者,他在巴西为聋哑盲人家庭组织了一个家庭护理项目。该方案帮助提供信息和教育指导,提供医疗和社会转诊,培训专业人员到聋哑盲人原来的地方照顾他们,调整这些空间,并在学校提供特别方案。作为一名作家,他是第一个写关于拉丁美洲教育的书的聋哑人。他的著作《聋盲:实证与科学》于2008年出版。他是巴西和拉丁美洲第一个参加在马托格罗索州库亚阿布举行的教师完全自由培训方案的聋哑盲人。他也是巴西和拉丁美洲第一个参加教师完全自由培训计划的聋哑人,在那里他教了两名残疾人(一名年轻的盲人教育者和一名年轻的聋哑人教育者)。亚历克斯还为《rea 》杂志撰稿。亚历克斯·加西亚是世界上唯一一位参加“残疾与发展”高级别会议的聋哑盲人
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引用次数: 0
Mental health and the law: What else is needed for particularly vulnerable contexts facing armed conflict and development obstacles? 心理健康与法律:对于面临武装冲突和发展障碍的特别脆弱环境,还需要什么?
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2022-11-24 DOI: 10.1017/S1816383122000947
Sarah Miller
Abstract Mental disorders have high prevalence for disability and almost 80% of the global burden occurs in low- and middle-income countries. The impacts of mental health conditions can affect many sectors of society and threaten peace, human rights and development. However, international law jurisprudence has not sufficiently developed to guide mental health governance. This paper reviews the international legal protections for people who experience mental health conditions, including mental disorders and psychosocial disabilities. It focuses on State application of legal instruments in particularly vulnerable contexts, namely, least developed countries and situations of armed conflict. It argues that relying on existing treaties and soft-law instruments from the health and human rights angles is inadequate, and the Convention on the Rights of Persons with Disabilities is not the right fit. New hard- and soft-law instruments are urgently needed to meet positive obligations and safeguard rights in these vulnerable contexts. Some suggestions for the contents of future instruments are made.
精神障碍的致残率很高,全球近80%的精神障碍负担发生在低收入和中等收入国家。心理健康状况的影响可影响社会的许多部门,并威胁到和平、人权和发展。然而,国际法判例尚未充分发展,无法指导精神卫生治理。本文回顾了对经历精神健康状况的人的国际法律保护,包括精神障碍和社会心理残疾。它的重点是在特别脆弱的情况下,即最不发达国家和武装冲突情况下国家适用法律文书。它认为,从健康和人权的角度依赖现有条约和软法律文书是不够的,《残疾人权利公约》也不合适。迫切需要新的硬法和软法文书来履行这些脆弱环境中的积极义务和保障权利。对今后文书的内容提出了一些建议。
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引用次数: 0
Taking economic and social rights earnestly: What does international human rights law offer persons with disabilities in situations of armed conflict? 认真对待经济和社会权利:国际人权法赋予武装冲突中的残疾人什么权利?
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2022-11-21 DOI: 10.1017/S1816383122000923
Gauthier de Beco
Abstract This article studies the economic and social rights of people with disabilities in times of armed conflict. While hostilities prevent them from accessing the essential goods and services that they rely on to enjoy these rights, the topic has attracted little attention to date. Calling upon international human rights law, the article applies the Convention on the Rights of Persons with Disabilities, with a view to complementing the provisions of international humanitarian law. It focuses on the requirements above the provision of medical care and examines the legal obligations attached to economic and social rights.
摘要本文研究武装冲突时期残疾人的经济和社会权利。虽然敌对行动使他们无法获得享受这些权利所依赖的基本商品和服务,但迄今为止,这一主题几乎没有引起关注。该条援引国际人权法,适用《残疾人权利公约》,以期补充国际人道主义法的规定。它侧重于上述提供医疗保健的要求,并审查经济和社会权利所附带的法律义务。
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引用次数: 0
Addressing the accountability void: War crimes against persons with disabilities 消除问责制空白:针对残疾人的战争罪
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2022-11-21 DOI: 10.1017/s1816383122000972
William I. Pons, J. Lord, M. Stein
Abstract Academics rarely raise the need to consider persons with disabilities when preventing, investigating and prosecuting international humanitarian law (IHL) violations. Worse still, no actual attempts have been made to include a disability perspective into practical guidance and monitoring mechanisms. This article addresses that void by laying out how existing yet unutilized IHL obligations can be leveraged to repress and suppress disability-based IHL violations. In doing so, the article will detail how fact-finding approaches, criminal investigative processes and reporting methods for IHL violations can be inclusive of persons with disabilities and thus more appropriately address the endemic under-representation of a disability perspective in the planning and execution of military operations during armed conflict and the specific crimes they thereby suffer. Additionally, this article will articulate concrete changes that should be made to international criminal law procedures for prosecuting war crimes to provide recognition and accountability for disability-based IHL violations, as has been done for violations against women and children. Finally, this article will diagnose the state of the law to address any legal challenges or hurdles that may hamper the inclusion of a disability perspective in fulfilling the IHL obligation to reduce and address violations of humanitarian law.
在预防、调查和起诉违反国际人道法行为时,学术界很少提出考虑残疾人的必要性。更糟糕的是,没有任何实际尝试将残疾观点纳入实际指导和监测机制。本文通过阐述如何利用现有但尚未利用的国际人道法义务来压制和压制基于残疾的国际人道法违规行为,解决了这一空白。在此过程中,本文将详细说明违反国际人道法的事实调查方法、刑事调查程序和报告方法如何将残疾人纳入其中,从而更恰当地解决在武装冲突期间军事行动的规划和执行中普遍缺乏残疾人视角的问题,以及残疾人因此遭受的具体罪行。此外,本文将阐明应对起诉战争罪的国际刑法程序作出的具体修改,以便对基于残疾的违反国际人道法行为予以承认和问责,就像对侵害妇女和儿童的行为所做的那样。最后,本文将对法律现状进行诊断,以解决可能妨碍将残疾人视角纳入履行国际人道法义务以减少和解决违反人道法行为的任何法律挑战或障碍。
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引用次数: 0
Opportunities and failures to prosecute violence against persons with disabilities at the international tribunals for the former Yugoslavia, Rwanda and Sierra Leone 在前南斯拉夫、卢旺达和塞拉利昂问题国际法庭起诉暴力侵害残疾人行为的机会和失败
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2022-11-21 DOI: 10.1017/S1816383122001035
Kate McInnes
Abstract This paper presents an inexhaustive but thorough review of the evidence of violence against persons with disabilities that came before, or ought to have been known to, the prosecutors of the international criminal tribunals for the former Yugoslavia, Rwanda and Sierra Leone. This research demonstrates that despite significant and compelling evidence from investigators, journalists and witnesses, gross violations against persons with disabilities were largely ignored by the prosecution or treated merely as aggravating factors at sentencing. These crimes could instead have been characterized as an “other inhumane act” prosecutable as a crime against humanity, which would have emphasized the gravity of the crimes, provided recognition of the victims’ suffering, imposed criminal sanctions on those responsible, and unequivocally condemned violence against persons with disabilities during armed conflict.
摘要:本文对前南斯拉夫、卢旺达和塞拉利昂国际刑事法庭检察官之前或应该知道的针对残疾人的暴力行为的证据进行了详尽而彻底的审查。这项研究表明,尽管调查人员、记者和证人提供了重要和令人信服的证据,但对残疾人的严重侵犯在很大程度上被控方忽视,或仅被视为判刑时的加重因素。相反,这些罪行可以被定性为可作为危害人类罪起诉的“其他不人道行为”,这样可以强调罪行的严重性,承认受害者的痛苦,对责任人实施刑事制裁,并明确谴责武装冲突期间对残疾人的暴力行为。
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引用次数: 0
Article 12 of the Protocol on the Rights of Persons with Disabilities in Africa: A critical analysis 《非洲残疾人权利议定书》第12条:批判性分析
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2022-11-16 DOI: 10.1017/s1816383122000790
Steve Tiwa Fomekong
Abstract This contribution analyses Article 12 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa (the Protocol). It examines the purpose, scope and contribution of this Article to the legal protection of persons with disabilities in armed conflict and its implementation. The analysis is divided into four parts. The first part will start by identifying and analysing the background to this provision, which provides specific protection to persons with disabilities in armed conflict. The second part will examine Article 12 in the light of other similar regional instruments and of the protection challenges that persons with disabilities face during conflict. This will highlight the specific nature of the Article's provisions, together with its shortcomings and its progressive aspects. Part three will look at the interaction between Article 12 and equivalent rules of international humanitarian law, and how Article 12 contributes to the development of legal protection for persons with disabilities in armed conflict. Finally, the fourth part will examine the challenges to the implementation of Article 12. It will also propose ways of overcoming those challenges and hence of enabling Article 12 to have its intended effect.
摘要本文分析了《非洲人权和人民权利宪章关于非洲残疾人权利的议定书》(议定书)第12条。它审查了本条的宗旨、范围和对武装冲突中残疾人的法律保护及其实施的贡献。分析分为四个部分。第一部分将首先查明和分析这一规定的背景,该规定为武装冲突中的残疾人提供具体保护。第二部分将结合其他类似的区域文书和冲突期间残疾人面临的保护挑战来审查第12条。这将突出该条各项规定的具体性质,以及它的缺点和进步方面。第三部分将探讨第12条与国际人道主义法同等规则之间的相互作用,以及第12条如何促进对武装冲突中残疾人的法律保护的发展。最后,第四部分将审查实施第12条所面临的挑战。它还将提出克服这些挑战的方法,从而使第12条能够发挥其预期的效果。
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引用次数: 0
At risk and overlooked: Children with disabilities and armed conflict 面临风险和被忽视:残疾儿童与武装冲突
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2022-11-15 DOI: 10.1017/s181638312200087x
Emina Ćerimović
Abstract In armed conflicts and crises, children with disabilities face serious threats to their lives and safety, including those related to their inability to flee attacks, risk of abandonment, lack of access to assistive devices, lack of access to basic services and denial of education as well as experiences of stigma, abuse, psychological harm and poverty. Children with disabilities experience multiple and intersecting forms of human rights violations based on their disability and age. Since 2015, Human Rights Watch has documented the impact of armed conflict on children with disabilities in Afghanistan, Cameroon, the Central African Republic, the Gaza Strip in the Occupied Palestinian Territory, South Sudan, Syria and Yemen. While international human rights specifically call for the protection of children with disabilities in situations of armed conflict, the United Nations, governments, parties to the conflict and humanitarian actors have long neglected their specific rights and needs. There is an urgent need for the United Nations and governments to increase efforts to protect children with disabilities as part of their international commitments to protect all children impacted by hostilities. Their attention and investment in those most at risk of violence during armed conflicts will in turn enhance protection measures for everyone.
在武装冲突和危机中,残疾儿童的生命和安全面临着严重的威胁,包括无法逃离袭击、被遗弃的风险、无法获得辅助设备、无法获得基本服务、无法接受教育,以及遭受耻辱、虐待、心理伤害和贫困。残疾儿童因其残疾和年龄而遭受多种交叉形式的侵犯人权行为。自2015年以来,人权观察记录了武装冲突对阿富汗、喀麦隆、中非共和国、巴勒斯坦被占领土加沙地带、南苏丹、叙利亚和也门残疾儿童的影响。虽然国际人权明确要求在武装冲突局势中保护残疾儿童,但联合国、各国政府、冲突各方和人道主义行为体长期以来忽视了他们的具体权利和需求。联合国和各国政府迫切需要加强努力,保护残疾儿童,作为其保护所有受敌对行动影响的儿童的国际承诺的一部分。它们对武装冲突期间最容易遭受暴力的人的关注和投资,反过来将加强对所有人的保护措施。
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引用次数: 1
Increasing visibility of persons with disabilities in armed conflict: Implications for interpreting and applying IHL 武装冲突中残疾人日益受到关注:对国际人道法解释和适用的影响
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2022-11-11 DOI: 10.1017/s1816383122000935
Alexander Breitegger
Abstract While persons with disabilities are protected under existing international humanitarian law (IHL), the specific risks and barriers to which these persons are exposed during armed conflict must be better factored into the interpretation and implementation of these rules. The complementarity between IHL and the Convention on the Rights of Persons with Disabilities (CRPD) may make an important contribution towards a more disability-inclusive implementation of IHL. This article focuses on two major areas addressed by IHL – namely, the conduct of hostilities and detention – against the backdrop of the concept of and agency associated with disability enshrined in the CRPD. This analysis is based on the lived experiences shared by persons with disabilities in consultations co-organized in 2022 by the UN Special Rapporteur on the Rights of Persons with Disabilities, the International Committee of the Red Cross, the International Disability Forum, the European Disability Forum and the Diakonia IHL Centre.
虽然残疾人受到现行国际人道法的保护,但在解释和实施这些规则时,必须更好地考虑这些人在武装冲突中所面临的具体风险和障碍。国际人道法与《残疾人权利公约》(CRPD)之间的互补性可能对国际人道法的实施更加包容残疾人做出重要贡献。本文将在《残疾人权利公约》所载的残疾概念及其相关机构的背景下,重点讨论国际人道法所涉及的两个主要领域——即敌对行为和拘留。这一分析基于残疾人在2022年由联合国残疾人权利特别报告员、红十字国际委员会、国际残疾人论坛、欧洲残疾人论坛和迪亚科尼亚国际人道法中心共同组织的磋商中分享的生活经验。
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引用次数: 0
“I'mpossible”: Some challenges of implementing international law in the area of humanitarian affairs for persons with disabilities “我不可能”:在残疾人人道主义事务领域执行国际法的一些挑战
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2022-11-09 DOI: 10.1017/S1816383122000832
Mar Maltez
Abstract Persons with disabilities are entitled to certain protections under international law, including in the context of armed conflict. These individuals are especially vulnerable in a crisis situation. Too often, when emergency humanitarian relief is provided, these protections are afforded inadequately or not at all, due to personal prejudice, lack of resources or training, or because there is no systemic requirement to do so. This paper uses a narrative-based approach to illustrate typical lived experiences of persons with disabilities both as workers in the area of humanitarian relief, and recipients thereof. It illustrates the challenges and inadequacies of a system that fails to recognize the rights that should be provided to those with physical and/or neurodevelopmental differences. It highlights the discrepancy between legal rights and actual provision of service and the different needs of those with disabilities in the circumstance of armed conflict. The article points to specific areas of failure, and the need for an inclusive approach in programming.
根据国际法,包括在武装冲突背景下,残疾人有权获得某些保护。这些人在危机情况下尤其脆弱。在提供紧急人道主义救济时,由于个人偏见、缺乏资源或培训,或因为没有这样做的系统要求,往往不能充分或根本不提供这些保护。本文以叙事为基础,阐述了残疾人作为人道主义救援工作者和受助者的典型生活经历。它说明了一个制度的挑战和不足之处,即不承认应该向身体和/或神经发育差异者提供的权利。它突出了法律权利与实际提供的服务之间的差异以及武装冲突情况下残疾人的不同需求。本文指出了失败的具体领域,以及在编程中需要一种包容性方法。
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引用次数: 0
Advancing rights and inclusion of persons with disabilities in humanitarian action: a donor perspective 促进残疾人权利并将其纳入人道主义行动:捐助者视角
IF 0.7 4区 社会学 Q3 Social Sciences Pub Date : 2022-11-08 DOI: 10.1017/S1816383122000868
M. Mojtahedi, Riikka Mikkola, N. Saxén
Abstract Despite increasing awareness and high-level commitments on disability inclusion by humanitarian donors and actors, persons with disabilities continue to be ignored from humanitarian assistance. Rights and inclusion of persons with disabilities are a foreign policy priority for the Ministry for Foreign Affairs of Finland, including in humanitarian assistance. The primary means for donors, such as Finland, to promote disability-inclusive humanitarian action are funding and advocacy. Trade-offs between flexible and earmarked funding for disability inclusion are challenging when reporting on results is inadequate. This article shares examples on how the Ministry promotes inclusion of persons with disabilities in humanitarian action and explores challenges that need to be resolved by stakeholders.
尽管人道主义捐助者和行动者对残疾人包容的认识和承诺不断提高,但残疾人仍然在人道主义援助中被忽视。残疾人的权利和包容是芬兰外交部外交政策的优先事项,包括在人道主义援助方面。芬兰等捐助国促进包容残疾人的人道主义行动的主要手段是提供资金和宣传。在报告结果不充分的情况下,为包容残疾提供灵活资金和专项资金之间的权衡是具有挑战性的。本文分享了人道主义事务部如何促进残疾人参与人道主义行动的例子,并探讨了利益攸关方需要解决的挑战。
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引用次数: 0
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International Review of the Red Cross
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