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Human rights of people with disability: some legal and ethical considerations
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Human rights of people with disability: some legal and ethical considerations
Published 2016Call Number: Loading…
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Page will reload when a filter is selected or excluded.- International Law 4 results 4
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- All human beings have the rights to life and dignity as persons, but with disabilities (PWDS), often experience human rights violations and exclusion from the mainstream of society. Exclusion and segregation against persons with disabilities occurs in forms of obvious discrimination such as the denial of educational opportunities. It can also occur in more subtle forms such as segregation and isolation resulting from the imposition of physical and social barriers. Effects of disability- based discrimination have been particularly severe in fields such as education, employment, housing, transport, cultural life and access to public places and services. Terms like distinction, exclusion, restriction, preference, or denial of reasonable accommodation on the basis of disability, are words that describe the treatment of PWDS, which negatively affect and impact on the recognition, enjoyment or exercise of the rights of persons with disabilities. Law, therefore, as a system of social engineering, has a lot of potentials to address these social trends which directly negate the human rights of PWDS in all areas of life. This paper examines the relevant legal issues for the realisation of the rights of PWDS including legislative provisions and policies, human rights protection and promotion and the place of affirmative action. The methodology used in this paper is the in-depth content analysis of primary sources in form of relevant legal instruments and other secondary sources in the form of relevant textbooks, journal articles, electronic materials and others. First, various forms of rights violations or denials leading to abuses are discussed and documented. The paper also shows that disability affects people irrespective of race, colour, gender, political or religious inclinations and that PWDS are generally vulnerable to being discriminated against and excluded from the mainstream of society. The paper concludes that the law, if well enacted and enforced, is capable not only of redressing discrimination against PWDS, but by affirmative action, it can create a level playing ground by mandating certain steps which will engender the protection and promotion of the rights of PWDS in Nigeria. 2 results 2
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- — — — — — Constitutional Law 2 results 2
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- All human beings have the rights to life and dignity as persons, but with disabilities (PWDS), often experience human rights violations and exclusion from the mainstream of society. Exclusion and segregation against persons with disabilities occurs in forms ofobvious discrimination such as the denial of educational opportunities. It can also occur in more subtle forms such as segregation and isolation resulting from the imposition of physical and social barriers. Effects of disability- based discrimination have been particularly severe in fields such as education, employment, housing, transport, cultural life and access to public places and services. Terms like distinction, exclusion, restriction, preference, or denial of reasonable accommodation on the basis of disability, are words that describe the treatment of PWDS, which negatively affect and impact on the recognition, enjoyment or exercise of the rights of persons with disabilities. Law, therefore, as a system of social engineering, has a lot of potentials to address these social trends which directly negate the human rights of PWDS in all areas of life. This paper examines the relevant legal issues for the realisation of the rights of PWDS including legislative provisions and policies, human rights protection and promotion and the place of affirmative action. The methodology used in this paper is the in-depth content analysis of primary sources in form of relevant legal instruments and other secondary sources in the form of relevant textbooks, journal articles, electronic materials and others. First, various forms of rights violations or denials leading to abuses are discussed and documented. The paper also shows that disability affects people irrespective of race, colour, gender, political or religious inclinations and that PWDS are generally vulnerable to being discriminated against and excluded from the mainstream of society. The paper concludes that the law, if well enacted and enforced, is capable not only of redressing discrimination against PWDS, but by affirmative action, it can create a level playing ground by mandating certain steps which will engender the protection and promotion of the rights of PWDS in Nigeria 1 results 1
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- Globalisation is a multi-dimensional phenomenon with diverse consequences. The nature of the consequences has, however, remained contentious. There are contending perspectives on the effects of globalisation on modern states, particularly developing countries. In-depth studies that examined the cogency of these perspectives in relation to the Nigerian State are sparse. This study examined the manifestation of globalisation in Nigeria between 1985 and 2007 and its effects on the State and implications for democratic consolidation. The study was anchored on transformationalists’ theoretical strand and adopted a qualitative research design. It reviewed documents such as textbooks, journals, newspaper articles and Internet resources regarding globalisation and the Nigerian State. Other sources included official documents such as past and present Constitutions of Nigeria, policy statements by Presidents and Heads of States, Legislative Acts and Reports of the Political Bureau. Three components of globalisation, namely, global spread of ideas and norms, multiple sites of governance and the infrastructure of global technologies, were examined to ascertain their effects on the functions, power and State-Society relations in the Nigerian State. The data were content analysed. The infrastructure of new forms of technologies, adaptation of domestic policies to global developments and increasing involvement of non-state actors in the political process are manifestations of contemporary globalisation in Nigeria. The effects on the Nigerian State included stimulation of domestic policies as evident in the integration of the Millennium Development Goals (MDGs) into Nigeria’s development strategies, dispersal of governance and external scrutiny of domestic policies visible in the activities of the African Peer Review Mechanism (APRM). The ascendancy of issues of good governance intensified the anti- corruption initiatives while global spread of democratic ideas facilitated democratisation initiatives that led to restoration of civil rule in 1999. The implementation of privatisation and commercialisation policies since the 1980s transformed the role of the Nigerian State from direct provision of services to enabler and facilitator of a private sector driven economy and also spurred public-private partnership in service delivery and infrastructural development. Others included application of the internet and other Computer Mediated Communication (CMC) which engendered e-government and online transactions and reconstructed the administrative and organisational functions of government .The Internet and CMC also provided platform for social networking and political activism beyond the direct censorship of State. These trends redefined power relations between State and society in favour of the latter in Nigeria and capable of deepening democracy. Contradictions such as retrenchment of welfare policies and safety nets for the citizens generated by privatisation and commercialisation, diminishing state capacity and security challenges resulting from perversion of the Internet were identified as threat to democratic consolidation. Globalisation has engendered profound transformation of the character of the Nigerian State spawning contradictory effects on governance. Mitigating the observed contradictions and consolidating democracy in Nigeria require proper adaptation to the realities of globalisation and management of its processes. 1 results 1
- Governance 1 results 1
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- EU Agrarian Law 2 results 2
- Advances in Electronics 1 results 1
- African Social Science Review 1 results 1
- Brigham Young University International Law and Management Review 1 results 1
- Brooklyn Journal of International Law 1 results 1
- California Western International Law Journal 1 results 1
- Computational Social Networks 1 results 1
- DePaul Journal of Women, Gender and the Law 1 results 1
- Duke Environmental Law & Policy Forum 1 results 1
- Duke Journal of Constitutional Law & Public Policy 1 results 1
- EFSA Journal 1 results 1
- Journal of Anatolian Environmental and Animal Sciences 1 results 1
- Journal of Legislation 1 results 1
- Korean Journal of Medical History 1 results 1
- Mediterranean Fisheries and Aquaculture Research 1 results 1
- Revenue Law Journal 1 results 1
- VRA Bulletin 1 results 1
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