Evidence briefs

7 results

How can we promote the effective implementation of Legal Capacity as outlined in Article 12 of the UN CRPD in LMICs?

The Convention on the Rights of Persons with Disabilities is valued as one of the most revolutionary human rights legal instruments. The CRPD follows decades of work by the United Nations to change attitudes and approaches towards persons with disabilities, from viewing persons with disabilities as “objects” towards viewing persons with disabilities as “subjects” with rights. The development of the CRPD involved close consultation and active participation of persons with disabilities and their allies, which resulted in an advanced and innovative human rights treaty.  Article 12 in the CRPD focussed on legal capacity and challenged the very idea of what it means to be a person: to have rights and to be able to exercise those rights. However, doctrine remains uncertain about the real consequences of the implementation of Article 12 in the CRPD. Most of these discussions have been conducted by Global North scholars on their practices and policies. Policies and practices from the Global South are rarely included in these discussions. However, countries in the Global South have started Reforms (radical legislative changes) on the matter: comprehensive reforms (on several aspects of life) or specific reforms (on certain issues, like mental health). It is necessary to take into account their experiences and discussions in order to implement correctly Article 12 CRPD, having in mind their socio-economic context and the realities of their legal systems.

  • Cross-cutting
  • Health
  • Livelihood & Social Protection
SignificanceFeasibilityApplicabilityEquity
Recommendations
  • Promote law reforms that recognize and regulate the legal capacity of persons with disabilities, in accordance with the “standards” of the CRPD
  • Train public officers in the use of CRPD “standards” or guidelines
  • Provide alternative support approaches that engage with social services and community mental health services
  • Monitor and report on the experiences of support and implementation promoted by state funded initiatives and civil society funded initiatives, irrespective of their size and scope
  • Monitor and report on the implementation of the reforms
  • Raise awareness about the importance of legal capacity with different key actors for the Reform

How does assistive technology benefit people with disabilities on their path to and in employment?

Assistive technologies encompass a wide spectrum of devices and services that act as an interface between the person and environment. The use of assistive technologies in the workplace has been identified as a beneficial strategy to enable people with disabilities to obtain and maintain employment. However, the current information has been defined in general terms and how to choose one accommodation over another is not very well understood in the literature. The specific technologies and accessible solutions that have successfully been used in the workplace by people with disabilities are also not well documented. It is important to know what assistive technologies are being used in the workplace, what benefits and challenges it poses and for whom to understand what can be done to assist people with disabilities to obtain and maintain employment.

  • Livelihood & Social Protection
  • Cross-cutting
SignificanceFeasibilityApplicabilityEquity
Recommendations
  • Provide alternative basic and inexpensive computer interfaces
  • Increase and provide comprehensive training in the use of assistive technology from a younger age
  • Along with the provision of assistive technology, provide associated services to prevent its abandonment
  • Ensure that people with disabilities have access to the same assistive technology in the home as they would in the workplace during remote working as a result of the COVID-19 pandemic
  • Provide training for the colleagues of assistive technology users to ensure awareness and a supportive work environment

Remaining questions

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