On 3/5/15, SHIVKUMAR RAWAT <[email protected]> wrote:
> On 3/5/15, SHIVKUMAR RAWAT <[email protected]> wrote:
>> On 3/5/15, [email protected]
>> <[email protected]> wrote:
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>>> Today's Topics:
>>>
>>>    1. Book Review: Human rights and disability advocacy,    By Tom
>>>       Shakespeare (avinash shahi)
>>>
>>>
>>> ----------------------------------------------------------------------
>>>
>>> Message: 1
>>> Date: Wed, 4 Mar 2015 22:48:13 +0530
>>> From: avinash shahi <[email protected]>
>>> To: accessindia <[email protected]>
>>> Subject: [AI] Book Review: Human rights and disability advocacy,    By
>>>     Tom Shakespeare
>>> Message-ID:
>>>     <cadesq2iwba_ftnrps19gwsgr71zmbcyx-41ctfc4zfgn56h...@mail.gmail.com>
>>> Content-Type: text/plain; charset=ISO-8859-1
>>>
>>> http://www.tandfonline.com/doi/full/10.1080/09687599.2014.984936#abstract
>>> At the time of writing, the UN Committee on the Rights of Persons with
>>> Disabilities is conducting an investigation of the United Kingdom
>>> under the Optional Protocol of the Convention on the Rights of Persons
>>> with Disabilities (CRPD). This, together with the upcoming State
>>> reporting process, has made the UK disability movement more aware than
>>> ever that the United Nations can play a positive role in the struggle
>>> for disability rights. Similar processes have occurred in the other
>>> State Parties to the Convention that have been investigated or made
>>> their reports. Slowly, the wheels of international human rights are
>>> turning, and advancing the disability rights agenda across the world.
>>> This invaluable book is the first to explore the background to the
>>> treaty and the drafting process that resulted in this innovative
>>> Convention. Human Rights and Disability Advocacy has a stellar list of
>>> contributors, including Ambassador Don MacKay, Professor Ron McCallum,
>>> Liisa Kauppinen, Gerison Lansdown, and many other people who were
>>> intimately involved in the negotiations that lead to the CRPD.
>>> Chapters explore sectoral issues - women, children, Deaf people,
>>> people with intellectual disabilities - as well as technical issue
>>> about the drafting. The reader gets an insight into how choices were
>>> made in practice - for example, Mi Yeon Kim explains the dilemma about
>>> whether to mainstream gender throughout the CRPD or whether to have a
>>> separate Article on women and girls. Gerison Lansdown discusses how
>>> the opposition of national delegations to having an article
>>> specifically on children was eventually overcome.
>>> Civil society was involved in drafting the CRPD to a far greater
>>> extent than in any previous international treaty, an example of what
>>> the editors call 'the new diplomacy'. In the negotiations, the
>>> trade-offs between different impairment groups - people with mental
>>> health conditions, Deaf people, people with intellectual disability -
>>> led to the accommodation of competing positions, which do not always
>>> translate straightforwardly into policy and practice. For example,
>>> Article 24 on education establishes a right to inclusive education,
>>> but it does not prohibit special schools. Both sides of the debate
>>> describe it here as a success. But is the compromise a weakness or a
>>> strength of the CRPD?
>>> It is both clich?d and inaccurate to say that the CRPD creates no new
>>> rights. As many authors here state, the CRPD is legally innovative in
>>> several ways. For example, it further develops the connection between
>>> legal and civil rights ('freedom from') and social, cultural and
>>> economic rights ('freedom to ...'). Not only are both approaches
>>> contained within the same treaty, but they are also entwined within
>>> the same articles. It is the first-ever international treaty to
>>> mention sign language. The CRPD also enshrines the requirement to
>>> respect difference (Article 3d), while at the same time it promotes a
>>> strong social model understanding of disability.
>>> The chapter by Heidi Forrest and Phillip French about the contrast
>>> between Australian government and Australian disability movement
>>> interventions grows a deeper understanding of the diplomacy involved.
>>> But overall, the reader gets a strong sense of the variety of
>>> non-governmental organisations who were lobbying hard for their
>>> political goals, but only an occasional glimpse of the ways in which
>>> some countries were blocking certain positions. For example,
>>> conservative Islamic and Catholic countries blocked more liberal
>>> formulations about sexuality and reproductive rights. Moreover, while
>>> the tensions between disabled people's organisations inside and
>>> outside the International Disability Caucus are a theme throughout the
>>> book, only in the last chapter is the question of disability movement
>>> democracy raised. An interesting underlying question is whether the
>>> leaders of the global disability movement were truly representing the
>>> voices of the billion disabled people in the world, particularly those
>>> of the Global South.
>>> There are also omissions from the CRPD, some of which are explored
>>> here. The poorest of the poor did not have a voice in the
>>> negotiations: Huhana Hickey contributes a powerful chapter on
>>> indigenous people with disability, an issue absent from the CRPD with
>>> the sole exception of the Preamble. Another group who are not
>>> adequately discussed in the CRPD are family members of people with
>>> disabilities: parents of disabled children, for example, or carers of
>>> elderly people with disability. Anna MacQuarrie and Connie
>>> Laurin-Bowie of Inclusion International here suggest that the mention
>>> in the Preamble (paragraph x) represents a victory for families who
>>> support people with intellectual disabilities. I would read the lack
>>> of either a substantive Article or any mention of caregivers as a
>>> shortcoming of the CRPD.
>>> In conclusion, Human Rights and Disability Advocacy is an excellent
>>> book that gives a flavour of the Treaty negotiations and will
>>> certainly help scholars and advocates to understand the CRPD better.
>>> However, the contributors lack the distance and objectivity needed to
>>> generate a truly balanced critique of a Convention that in my opinion
>>> is as frustrating as it is innovative. Above all, there is a huge gap
>>> between having a Treaty and achieving human rights. While latter
>>> chapters of this collection discuss monitoring CRPD implementation and
>>> the role of National Human Rights Institutions, it is beyond the scope
>>> of the book to discuss the impact of the CRPD in practical terms. One
>>> of the most moving contributions to this collection is from Lex
>>> Grandia, an advocate for deaf-blind people. His very personal chapter
>>> concludes:
>>> To solve the problems of poverty is very complicated: to break the
>>> isolation will take years and years of work. Low expectations need to
>>> be changed into images of rights and prosperity. That is what I will
>>> try to do now. (156)
>>> His words apply to all disabled people, not only to people who are
>>> deaf-blind, and highlight how much there is now to be done. Sadly, Lex
>>> Grandia died in 2012, and so it is left for the rest of us to try and
>>> achieve his vision.
>>> Tom Shakespeare
>>> University of East Anglia, UK
>>> [email protected]
>>> (c) 2014, Tom Shakespeare
>>>
>>>
>>> --
>>> Avinash Shahi
>>> Doctoral student at Centre for Law and Governance JNU
>>>
>>>
>>>
>>> ------------------------------
>>>
>>> Subject: Digest Footer
>>>
>>> Disclaimer:
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>>> person sending the mail and AI in no way relates itself to its veracity;
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>>>
>>> ------------------------------
>>>
>>> End of AccessIndia Digest, Vol 61, Issue 336
>>> ********************************************
>>>
>>
>>
>> --
>> skr
>> s.k.rs.k.r
>>
>
>
> --
> skr
> s.k.rs.k.r
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