scholarly journals ACCESSIBILITY RIGHTS TO PUBLIC FACILITIES FOR DISABILITIES IN INDONESIA

2017 ◽  
Vol 2 (2) ◽  
pp. 221
Author(s):  
Dewi Nurvianti
Keyword(s):  
Human Rights ◽  
Persons With Disabilities ◽  
International Convention ◽  
National Legislation ◽  
Public Facilities ◽  
The Government ◽  
The Right ◽  
Laws And Regulations

The disabilities people in Indonesia, interacting with their environment experienced many obstacles, especially in accessing public facilities. To eliminate all these obstacles, the Government of Indonesia pursues one way of doing so by fulfilling the right to accessibility to public facilities for PwDs. Such fulfillment efforts begin by ratifying the International Convention on Persons with Disabilities that govern the fulfillment of those rights. In addition, the effort taken also to give birth to the national legislation about persons with disabilities namely Law No. 8 of 2016. In the Act is regulated one of several rights, namely the right to accessibility. In this article we will describe the right accesibiltas which is part of human rights and the availability of legal guarantees in Indonesia on the right to accessibility for persons with disabilities in some legislation related to public facilities, namely the right to accessibility to building, spatial and region and transportation. The conclusions presented in this article are, firstly, the right to accessibility is an integral part of the concept of human rights. Secondly, the right to accessibility to public facilities for persons with disabilities is accommodated in several laws and regulations in Indonesia.

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan

2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir
Keyword(s):  
Human Rights ◽  
Minority Group ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
Federal Constitution ◽  
Norms And Values ◽  
The Disabled ◽  
The Government ◽  
The Right

Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.

Os Direitos de Educação de Qualidade das Pessoas com necessidades Educacionais Especiais na Perspectiva Inclusiva

2018 ◽  
Vol 19 (2) ◽  
pp. 130
Author(s):  
Julia Alejandra Pezuk ◽  
Eduardo Natali Della Valentina ◽  
João Fernando Brinkmann dos Santos
Keyword(s):  
Human Rights ◽  
Special Needs ◽  
Developmental Disorders ◽  
Quality Education ◽  
Special Educational Needs ◽  
Persons With Disabilities ◽  
International Convention ◽  
Legal Documents ◽  
Inclusive School ◽  
The Right

A educação é um direito universal de todos os indivíduos que prevê a formação do ser humano no conhecimento disponível. No entanto, sabemos atualmente que a educação requer adequações para diversas situações a fim de que seja inclusiva e para todos, e inclua educandos portadores de necessidade especiais para garantir a eles os mesmos direitos e oportunidades. Nesse contexto entender melhor a qualidade e a forma como a educação é feita para todas as pessoas, especialmente para aqueles indivíduos que tem necessidades especiais é fundamental. Por isso a presente pesquisa refere-se a uma revisão de literatura estruturada pelo tema “o direito à educação de qualidade das pessoas com necessidades educativas especiais na perspectiva inclusiva”. Na busca por entender Assim, por meio desta revisão, se objetiva apontar o direito à educação de qualidade a todos, referenciando diversos documentos legais desde a “Declaração Universal dos Direitos Humanos” de 1948 até a “Convenção Internacional Sobre os Direitos das Pessoas com Deficiência” de 2009, compilando informações e propostas de valorização para o atendimento a pessoas com deficiência, transtornos globais de desenvolvimento e altas habilidades na escola inclusiva. É imprescindível notar que a convergência desses documentos garante acesso, permanência e participação a todos, incluindo, portanto, educandos portadores de necessidades especiais.Palavras-chave: Inclusão. Qualidade. Direito. Educação.AbstractEducation is a universal right for all individuals, also called learners, that guarantee the formation of human using the available knowledge that we have today. However, we currently know that education requires adaptations to diverse situations in order to be inclusive and for all, to be capable to include learners with special needs to guarantee to them the same rights and opportunities. In this context, understanding better the quality and the way education is made for all learner, especially for those individuals who have special needs its fundamental. Therefore, the present research refers to a literature-structured review by the theme "the right to quality education of people with special educational needs in an inclusive perspective". The aim of this review is to highlight the right education with quality for everyone, referencing various legal documents from the Universal Declaration of Human Rights of 1948 to the International Convention on the Rights of Persons with Disabilities "Of 2009, compiling information and valuation proposals for the care of people with disabilities, global developmental disorders and high skills in inclusive school. It is important to note that the convergence of these documents guarantees access, permanence and participation to all learners, including, therefore, students with special needs.Keywords: Inclusion. Quality. Right. Education.

scholarly journals Hak Aksesbilitas Dalam UU No. 8 Tahun 2016 Bagi Penyandang Disabilitas Netra di Kota Serang

ijd-demos ◽  
2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Harum Mukrimah ◽  
Yeni Widiastuti
Keyword(s):  
Data Collection ◽  
Policy Implementation ◽  
Qualitative Data ◽  
City Government ◽  
Persons With Disabilities ◽  
Public Facilities ◽  
Disability Law ◽  
The Government ◽  
The Right ◽  
Qualitative Data Collection

Sebagai penyelenggara pemenuhan fasilitas publik pada warga negara, pemerintah memiliki peran menjadi pelindung atas terpenuhinya kemudahan aksesbilitas warga negara, salah satunya penyandang disabilitas. Sudah adanya UU No. 8 Tahun 2016 Tentang penyandang Disabilitas yang menjamin posisi mereka sebagai warga negara karena penyandang disabilitas memiliki kedudukan, hak, dan kewajiban yang sama tanpa membeda – bedakan. Penelitian ini menggunakan teori Implementasi Kebijakan dari Thomas B. Smith dalam Akib (2010). Metode yang digunakan ialah kualitatif deskripstif. Teknik pengumpulan data yang digunakan ialah wawancara, observasi, dan studi dokumentasi. Hasil dari penelitian menunjukan bahwa Kota Serang belum optimal dalam memenuhi hak aksesbilitas bagi disabilitas netra. Rekomendasi dari penelitian ini adalah Pemerintah Kota Serang harus mendorong Perda Kota Serang untuk segera terbit karena dengan adanya Perda dapat memperkuat hak- hak penyandang disabilitas yang ada si Kota Serang.  As an organizer of fulfilling public facilities for citizens, the government has a role to be a protector of the fulfillment of the accessibility of citizens, one of them with a disability. Law No. 8 of 2016 concerning persons with disabilities that guarantees their position as citizens because persons with disabilities have the same position, rights and obligations without distinction. This study uses the theory of Policy Implementation from Thomas B. Smith in Akib (2010). The method used is descriptive qualitative. Data collection techniques used are interviews, observation, and documentation studies. The results of the study show that Serang City has not been optimal in fulfilling the right of accessibility for person with disability. The recommendation of this study is that the Serang City Government must encourage the Serang City Regional Regulation to be published soon because with the Regional Regulation can strengthen the rights of persons with disabilities in the Serang City.

scholarly journals Cinco años de vigencia de la Convención Internacional sobre los Derechos de las Personas con Discapacidad. Avances y retos pendientes

2017 ◽  
pp. 17
Author(s):  
Patricia Cuenca Gómez
Keyword(s):  
Human Rights ◽  
International Law ◽  
Paradigm Shift ◽  
Persons With Disabilities ◽  
International Convention ◽  
National Legislation ◽  
Social Diffusion

<p>This paper intends to make balance of the five years of implementation of the International Convention on the Rights of Persons with Disabilities. Advances and challenges in the implementation of the paradigm shift imposed by this Convention in the treatment of disability in International Law of Human Rights, in national legislation and its social diffusion will be analyzed.</p><p><strong>Published online</strong>: 11 December 2017</p>

The impact of the Rio 2016 Olympic and Paralympic Games on the visitor economy: a human rights perspective.

2021 ◽  
pp. 145-159
Author(s):  
Gabriel Marin Vandenbroucke ◽  
Simon Gérard ◽  
Anthony May
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Black Communities ◽  
Street Vendors ◽  
Persons With Disabilities ◽  
The Government ◽  
The Right ◽  
Committee Government ◽  
The City ◽  
Paralympic Games

Abstract The overall findings of this research point to a mix of positive and negative human rights impacts of the Rio 2016 Olympic and Paralympic Games, and on the visitor economy of the host city. On a positive note, affirmative action included persons with disabilities and from underprivileged communities in the workforce. New sports and leisure centres were built. Freedom of expression and association was reinforced by protesters demonstrating and using the platform of the event to raise issues. Several initiatives by the Organizing Committee, government, companies, and associations constituted positive mechanisms for leverage of the human rights to education and to participate in the cultural life of the community, albeit with limited long-term impacts. These wider economic and social successes associated with the hosting of the Games can positively contribute to the quality and inclusivity of the visitor economy. redevelopment, the Games' land use displaced thousands of people, violating the right to housing and several other human rights through abusive practices used by the government in the eviction process. Under the pretext of creating safe spaces for visitors and safeguarding their image of the city, the government's violence towards poor and black communities was aggravated, with the militarisation of the city impacting on the right to life, protection, education, and justice. Attempting to mask the city's socio-economic problems and undesirable aspects for sponsors and visitors, freedom of expression was undermined as protesters were targeted by the police and street vendors were driven out of public spaces.

scholarly journals ETIKA PENYADAPAN OLEH KOMISI PEMBERANTASAN KORUPSI DALAM HAK ASASI MANUSIA

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Sugeng Widodo ◽  
Mufidah Mufidah
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Research Method ◽  
Privacy Rights ◽  
Right To Life ◽  
Conceptual Approach ◽  
Library Research ◽  
The Government ◽  
The Right ◽  
Laws And Regulations

The rise of corruption cases certainly forces the government to prevent corrupt measures, the wiretapping in Indonesia by the KPK, also in terms of tackling other criminal acts. So of course there is Ethics, Ethics so far has not been touched by the KPK because in conducting wiretapping it is only limited to following the laws and regulations even though in regard to laws and regulations there should be ethics that must be maintained to guarantee the right to life of one's privacy. The research method used in this study is the qualitative research method with the type of library research library research, using the statutory approach, and theories (conceptual approach), and the Case Approach (doctrinal approach) which is examined through various literatures relating to the regulation of privacy rights, also relating to the regulation of wiretapping of the KPK.Keywords: Ethics, Wiretapping by the KPK, Wiretapping in the Human Rights PerspectiveMaraknya kasus korupsi tentu memaksa pemerintah terhadap langkah-langkah preventive koruptor, maka penyadapan di Indonesia yang dilakukan oleh KPK, juga dalam hal menanggulangi tindakan-tindakan kriminal lainnya. Maka tentu ada Etika, Etika selama ini belum tersentuh oleh KPK karena dalam melakukan penyadapan hanya sebatas mengikuti peraturan perundang-undangan, padahal berkenaan dengan peraturan perundang-undangan seharusnya ada etika yang harus dijaga untuk menjamin hak kehidupan privasi seseorang. Metode penelitian yang dilakukan dalam penelitian ini adalah dengan metode penelitian kualitatif dengan jenis penelitian kepustakaan ( library research), menggunakan Pendekatan Perundang-undangan (statutory approach), dan Teori-teori (conceptual approach), serta Pendekatan Kasus (doktrinal approach) yang diteliti melalui berbagai literatur yang berkaitan dengan pengaturan hak-hak privasi, juga berkaitan dengan pengaturan penyadapan KPK.  Kata Kunci :  Etika, Penyadapan oleh KPK, Penyadapan dalam Presfektif  HAM   

scholarly journals PELAYANAN PUBLIK BAGI PENYANDANG DISABILITAS DI KOTA PADANG

2020 ◽  
Vol 2 (2) ◽  
pp. 126-136
Author(s):  
Besse Fatmawanti ◽  
Naldi Gantika
Keyword(s):  
Human Rights ◽  
Public Services ◽  
Persons With Disabilities ◽  
Rights Of The Child ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Political Economic ◽  
Right To Welfare ◽  
Cultural Defense

Research is  important written in a journal is caused by several reasons: First , fulfillment of public services, especially for persons with disabilities, is an obligation and responsibility of the government in terms of fulfillment, both in the form of public services in the form of roads and sidewalks that are useful for the movement of persons with disabilities or for their mobility from one place to another, as well as supporting life supporters of disability. Article 2 of Law No. 39 of 1999 concerning Human Rights states that the Republic of Indonesia recognizes and upholds human rights and basic human freedoms as rights which naturally inherit to and are inseparable from humans, which must be protected, respected and enforced for the sake of increasing human dignity . Then it is also regulated that the right to protect, respect and uphold human rights is the government and in full in Article 71 of Law No. 39 of 1999 concerning Human Rights stated that "the Government is obliged and responsible to respect, protect, enforce and promote human rights regulated in this law, other laws and regulations, and international law on human rights received by the Republic of Indonesia. And it should not be forgotten also Article 72 which reads that the obligations and responsibilities of the government as referred to in Article 71 include effective implementation steps in the legal, political, economic, social, cultural, defense and security fields of the state and other fields. At least, there are 10 types of rights regulated in Law No. 39 of 1999 concerning Human Rights, a) the right to life, b) the right to family and continuing descent, c) the right to self-development, d) the right to justice, e) the right to personal freedom, f) the right to security, g) the right to welfare, h) the right to welfare, i) the right to participate in government, j) the right of women, k) the rights of the child.

scholarly journals Mental Health Legislation Through History and Challenges in Implementing Article 14 of the Convention on the Rights of Persons with Disabilities

2020 ◽  
pp. 56-79
Author(s):  
Marisabell Škorić ◽  
Sandra Fabijanić Gagro
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Historical Development ◽  
The State ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Mental Health Legislation ◽  
Legal Frameworks ◽  
The Right ◽  
Health Legislation

The paper is divided into two parts to facilitate a clearer understanding of all aspects of the change in the position of people with psychosocial disabilities, regarding the right to liberty and security, through the historical development of national and international legal frameworks. The first part briefly presents an overview of national legislation on the protection of persons with psychosocial disabilities and the circumstances in which states adopted the Convention on the Rights of Persons with Disabilities earlier this century. The second part of the paper underscores the challenges the States Parties face in the implementation of Article 14 of the Convention. The State Parties’ reports show that the processes of changing the perceptions of persons with psychosocial disabilities, when it comes to their involuntary detention, have been changing quite slowly and partially and that the realisation of their human rights is one of the Convention’s greatest challenges.

scholarly journals Hate Speech in Myanmar

2020 ◽  
Vol 3 (4) ◽  
pp. 31-37
Author(s):  
Ei Thandar Swe
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Genocide Convention ◽  
Political Rights ◽  
International Convention ◽  
Politics And Gender ◽  
The Government ◽  
And Gender ◽  
The Right

Freedom of expression can be abused in concerning with race, religion or nation, politics and gender and it transfers into a hate speech. This research intends to investigate the gap between the legal ideals and actual practice, especially to understand effectiveness or impact of a draft for the Protection against and Prevention of Hate Speech Law in Myanmar. This paper analyzes the Domestic Laws such as the Constitution of the Republic of the Union of Myanmar, 2008 and the Penal Code, 1861 and the International Covenant on Civil and Political Rights (ICCPR), the International Convention on the Elimination of all forms of Racial Discrimination (ICERD), the Convention on the Elimination of All Forms of Discriminations against Women (CEDAW) and the Genocide Convention relating to international Conventions and international other documents. This research uses a qualitative approach research method, applying analysis of laws. The draft law is required to balance the right to freedom of expression and the prohibition of hate speech. International human rights laws and standards recognize all protected characteristics of human rights that should be comprised all protecting range of any actions to define “hate speech” in the draft law and should not be restricted to ethnicity, religion, nation, politic and gender. The Government should provide the upcoming Law Protection against and Prevention of Hate Speech in Myanmar urgently.

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