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Disability in a Human Rights Context

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  • Theresia Degener

    (Department of Social Work, Education and Diaconia, Protestant University of Applied Sciences, Bochum 44803, Germany)

Abstract

The Convention on the Rights of Persons with Disabilities (CRPD) is a modern human rights treaty with innovative components. It impacts on disability studies as well as human rights law. Two innovations are scrutinized in this article: the model of disability and the equality and discrimination concepts of the CRPD. It is argued that the CRPD manifests a shift from the medical model to the human rights model of disability. Six propositions are offered why and how the human rights model differs from the social model of disability. It is further maintained that the CRPD introduces a new definition of discrimination into international public law. The underlying equality concept can be categorized as transformative equality with both individual and group oriented components. The applied methodology of this research is legal doctrinal analysis and disability studies model analysis. The main finding is that the human rights model of disability improves the social model of disability. Three different models of disability can be attributed to different concepts of equality. The medical model corresponds with formal equality, while the social model with substantive equality and the human rights model can be linked with transformative equality.

Suggested Citation

  • Theresia Degener, 2016. "Disability in a Human Rights Context," Laws, MDPI, vol. 5(3), pages 1-24, August.
    • Handle: RePEc:gam:jlawss:v:5:y:2016:i:3:p:35-:d:76680
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    References listed on IDEAS

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    1. United Nations UN, 2015. "Transforming our World: the 2030 Agenda for Sustainable Development," Working Papers id:7559, eSocialSciences.
    2. Braithwaite , Jeanine & Mont , Daniel, 2008. "Disability and poverty : a survey of World Bank poverty assessments and implications," Social Protection Discussion Papers and Notes 42754, The World Bank.
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    Cited by:

    1. Laufey Löve & Rannveig Traustadóttir & Gerard Quinn & James Rice, 2017. "The Inclusion of the Lived Experience of Disability in Policymaking," Laws, MDPI, vol. 6(4), pages 1-16, December.
    2. Zehra Erol Karaca & Meryem Serdar, 2024. "Gazze’de Engelli Olmak: Sorunlar, İhtiyaçlar ve Uluslararası Örgütler Bağlamında Bir Durum Değerlendirmesi," Journal of Social Policy Conferences, Istanbul University, Faculty of Economics, issue 87, pages 179-193, December.
    3. Głąb, Zbigniew & Kurowski, Krzysztof, 2018. "W poszukiwaniu nowego systemu orzekania o niepełnosprawności w świetle Konwencji OZN o prawach osób niepełnosprawnych i idei niezależnego życia," Studia z Polityki Publicznej / Public Policy Studies, Warsaw School of Economics, vol. 5(4), pages 1-21, November.
    4. James Gordon Rice & Helga Baldvins Bjargardóttir & Hanna Björg Sigurjónsdóttir, 2020. "Child Protection, Disability and Obstetric Violence: Three Case Studies from Iceland," IJERPH, MDPI, vol. 18(1), pages 1-14, December.
    5. Kocejko, Magdalena, 2018. "Nic o nas bez nas? Zaangażowanie ruchu osób z niepełnosprawnościami w monitoring wdrażania Konwencji ONZ o prawach osób niepełnosprawnych w Polsce. Studium przypadku," Studia z Polityki Publicznej / Public Policy Studies, Warsaw School of Economics, vol. 5(4), pages 1-13, November.
    6. Liasidou, Anastasia & Mavrou, Katerina, 2017. "Disability rights in Higher Education Programs: The case of medical schools and other health-related disciplines," Social Science & Medicine, Elsevier, vol. 191(C), pages 143-150.
    7. Vera Chouinard, 2018. "Living on the Global Peripheries of Law: Disability Human Rights Law in Principle and in Practice in the Global South," Laws, MDPI, vol. 7(1), pages 1-14, February.
    8. Fleur Beaupert, 2018. "Freedom of Opinion and Expression: From the Perspective of Psychosocial Disability and Madness," Laws, MDPI, vol. 7(1), pages 1-26, January.
    9. Mary Ann Jackson, 2018. "Models of Disability and Human Rights: Informing the Improvement of Built Environment Accessibility for People with Disability at Neighborhood Scale?," Laws, MDPI, vol. 7(1), pages 1-21, March.
    10. Anne Revillard, 2018. "Vulnerable Rights: The Incomplete Realization of Disability Social Rights in France," Social Sciences, MDPI, vol. 7(6), pages 1-16, June.
    11. Mark C. Weber, 2017. "Protection for Privacy under the United Nations Convention on the Rights of Persons with Disabilities," Laws, MDPI, vol. 6(3), pages 1-12, August.
    12. Richard Lombard-Vance & Evelyn Soye & Delia Ferri & Emma McEvoy & Malcolm MacLachlan & Sari Sarlio-Siintola, 2023. "Applying the ‘Human Rights Model of Disability’ to Informed Consent: Experiences and Reflections from the SHAPES Project," Disabilities, MDPI, vol. 3(1), pages 1-20, January.
    13. Laufey Löve & Rannveig Traustadóttir & James Rice, 2019. "Shifting the Balance of Power: The Strategic Use of the CRPD by Disabled People’s Organizations in Securing ‘a Seat at the Table’," Laws, MDPI, vol. 8(2), pages 1-15, May.
    14. Linda Steele & Kate Swaffer & Lyn Phillipson & Richard Fleming, 2019. "Questioning Segregation of People Living with Dementia in Australia: An International Human Rights Approach to Care Homes," Laws, MDPI, vol. 8(3), pages 1-26, August.
    15. Gabor Petri & Julie Beadle-Brown & Jill Bradshaw, 2017. "“More Honoured in the Breach than in the Observance”—Self-Advocacy and Human Rights," Laws, MDPI, vol. 6(4), pages 1-20, November.

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