Helena Pereira de Melo [email protected]

October 2013 1

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“Persons with disabilities include those who have

long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal

basis with others” (art. 1) 3

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- Who defines “disability”?

- Are people with disabilities at greater risk of discrimination?

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'When the truth dawned upon him, he gave a wild cry of despair, and fell sobbing to the ground. So it was he who was misshapen and hunchbacked, foul to look at and grotesque. He himself was the monster, and it was at him that all the children had been laughing, and the little Princess who he had thought loved him she too had been merely mocking at his ugliness, and making merry over his twisted limbs. 'Why had they not left him in the forest, where there was no mirror to tell him how loathsome he was? 'Why had his father not killed him, rather that sell him to his shame? The hot tears poured down his cheeks, and he tore the white rose to pieces.”

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“ Para los efectos civiles, sólo se reputará nacido el feto que tuviere figura humana y viviere veinticuatro horas enteramente desprendido del seno materno.”

(art. 30) 11

“

1. State Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.

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 “

take all appropriate measures to ensure



that people with disabilities can exercise the right to freedom of expression and opinion (…) accepting and facilitating the use of sign language

”. (art. 21) “

promote the linguistic identity of the deaf community

” (art. 24) 14

1.

2.

As a “person”

As a “person with disability”

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a) b) c) d) Universal Declaration of Human Rights (UN, 1948); Universal 1997); Declaration on the Human Genome and Human Rights (UNESCO, International Covenant on Civil and Political Rights (UN, 1966); International Covenant on Economic, Social and Cultural Rights (UN, 1966); 16

e) f) g) h) Convention on the Rights of the Child (UN, 1989); Convention for the Protection of Human Rights and Fundamental Freedoms (CE, 1950); European Social Charter (revised) (CE, 1996); Charter of Fundamental European Union (EU, 2000).

Rights of the 17

a) b) c) d) e) f) g) h) right to life; right to physical and mental integrity; right to liberty; right to personal identity; right to respect of his privacy; right to work; right to social assistance; right to protection of health.

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a) b) who belongs to a group which is vulnerable because of the suffering caused by being “different”; having in mind the general texts on human rights, international organizations adopted specific texts that consider his specific situation.

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    CRPD (UN, 2007) CFREU (2000) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal employment and education treatment in ILO Convention concerning Vocational Rehabilitation and (Disabled Persons) (1985) Employment 20

   ILO Recommendation on Vocational Rehabilitation and Employment (Disabled Persons) (1983) CE Recommendation CM/Rec(2009)6 of the Committee of Ministers to member states on ageing and disability in the 21st century CE Rec(2010) of the Parliamentary Assembly guaranteeing the right to education for children with illnesses or disabilities 21

“

The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity

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 

Reasonable accommodation

– adjustments when needed in a particular case, to ensure to persons with disabilities the exercise of human rights;

Accessibility

– measures to ensure to persons with disabilities access to the physical environment, to transportation, to information and communication.

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1.

2.

3.

4.

To live independently and participate fully in all aspects of life; To equal protection and equal benefit of the law; To personal mobility; To habilitation and rehabilitation, particularly in the areas of health, employment, education and social services.

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Julia Kristeva

, Lettre au président de la République sur les citoyens en situation de handicap,

2003 26

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