©2019 Disability Rights Resource Network.

Supported Employment
Inclusive Education
Legal Capacity
Supported Employment
 
 

General

 

International Disability and Human Rights Network (DAA), DAA Resource Kits (website)

The Website contains a Resource Kits produced by the International Disability and Human Rights Network to enable those working for the rights of persons with disabilities to organize more efficiently and campaign more effectively. In total, there are seven resource kits on topics including:  how to work with media, how to influence policymakers, effective campaigning, how to develop a campaigning organization, fund-raising, and what civil rights and human rights are applicable to persons with disabilities.

Inclusive Education

United Nations Educational, Scientific, and Cultural Organization (UNESCO), Towards Inclusive Education for Children with Disabilities: A Guideline, 2009 

This Guideline is the outcome of a project developed by UNESCO Bangkok to: (1) analyse the  complex  interplay  of  factors  which  result  in exclusion; and (2) obtain detailed information about education systems in selected countries where a specific commitment has been made to include children with disabilities in schools, the national education process, and the monitoring process. This Guideline aims to provide helpful guidance to all countries in the region as they move to include all children (including those with disabilities and in other disadvantaged situations) in their national education plans and implementation.

United Nations Educational, Scientific, and Cultural Organisation (UNESCO), Policy Guidelines on Inclusion in Education, 2009 

This Guideline serves as a resource for policymakers, teachers and learners, community leaders, and members of civil society in their efforts to promote effective strategies for reaching the Education For All goals. The Guideline explains the relevance of inclusive education in the contemporary context and describes how inclusion is linked to Education for All. It outlines the key elements in the shift towards inclusion while focusing on teaching for inclusion and the role of teachers, other educators, non-teaching support staff, communities, and parents. It also provides simple tools for policy-makers and education planners to carry out a hands-on analysis of their education plans in view of inclusive education.

Enabling Education Network (EEN) UK, Enabling Education Review Special Issue- 2015 “Inclusive Education Advocacy, 2015 

This Special Edition of EEN’s Enabling Education Review documents examples of ‘inclusive education advocacy in action’ in Armenia, Tajikistan, Gaza, Indonesia, and Afghanistan (in particular the strategies used and challenges encountered by advocates). The aim is to help those working in education better understand how to turn advocacy ideas and theories into practical action.


Richard Wiezer, Implementing Inclusive Education: A Commonwealth Guide to Implementing Article 24 of the UN Convention on the Rights of Persons with Disabilities (Second Edition), 2012

This Report critically examines international, district, regional, and national programmes geared towards inclusive education in countries across and beyond the Commonwealth which have signed and ratified the CRPD. It examines changing attitudes and considers how to develop a “disability rights in education model” as well as inclusive practices at school and classroom levels.

Catholic Relief Services Vietnam, How-to Guide: Inclusive Education for Children with Disabilities, 2007

This Guide outlines the recommended steps and main components of building a successful inclusive education programme based on the real-life experience of CRS/Vietnam (including the lessons learned by them) and a list of indicators for successful programmes. The Guide provides information on CRS/Vietnam’s next steps to expand, improve, and sustain its inclusive education initiatives through policy advocacy. It also sets out specific recommendations for the inclusion of children with various or multiple impairments as well as general recommendations for developing countries interested in building inclusive education programmes.

 
 
 

Supported Employment

 

HR Council for the Non-Profit Sector (Canada), HR Toolkit on Diversity at Work- Supporting Employees with Disabilities 

This toolkit provides useful guidance on how to support employees with disabilities in the workplace. It includes examples of practical and supportive policies (on matters such as the duty to accommodate) that help create an inclusive workplace. The toolkit explains how the duty to accommodate applies in recruitment and selection and during employment as well as discusses grounds for non-accommodation (if any). It concludes with an interesting and useful list on preferred terminology which are not demeaning or hurtful.

 

United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP), Disability at a Glance 2015, 2016 

The Report focuses on barriers to the employment of persons with disabilities in the Asia-Pacific region and offers solutions to strengthen the employment prospects of such individuals.  Employment is the primary means of livelihood generation and provides individuals with purpose and meaning through playing a productive role in society. Accordingly, equal access to employment is vital and the barriers faced by persons with disabilities must be removed. This fifth edition of the Disability at a Glance series offers a regional overview of disability legislation, policies and practices, as well as relevant country-specific information.  The information draws upon a targeted disability survey carried out by the ESCAP secretariat and research undertaken by other organizations and scholars.

International Labour Organization, Inclusion of People with Disabilities in China, 2013

This Factsheet outlines the current situation of persons with disabilities in China, government support provided to such individuals, key groups, organizations, and ministries responsible for such individuals, key international standards concerning disability and their applicability in China, and the role of the International Labour Organization (“ILO”). The Factsheet recommends that persons with disabilities be provided with productive and decent work. It also suggests that a disability perspective should be taken in all aspects of policy and labour legislation. Further, it advances that the effective implementation and enforcement of existing disability laws and policies and the provision of equal employment and training opportunities would contribute to the social and economic inclusion of persons with disabilities and reduction of poverty.

 

International Labour Organization, Facts on People with Disabilities in China, 2008 

This Factsheet outlines the key figures relating to persons with disabilities in China. It explains the challenges faced by such individuals in areas such as employment. The Factsheet concludes with an overview of the ILO disability programmes in China.

Legal Capacity

Inclusion International, Independent But Not Alone: A Global Report on the Right to Decide, 2014 

Article 12 of the CRPD reflects a fundamental shift in thinking: it asserts that, with support, all persons with intellectual disabilities are able to make decisions and have control in their lives. This Report by Inclusion International presents the perspectives of over 600 self-advocates, family members, disability advocates, and professionals as well as over 80 organizations from more than 40 countries worldwide. The Report’s key findings include:

  • Importance of investing in empowerment, self-advocacy, and strengthening the collective voice

  • Independence does not mean “alone”

  • The critical role of families in building the social connections necessary for supported decision making

  • The critical leadership role of family-based organizations as agents of change in the community

  • The Right to Decide cannot be achieved without community inclusion

  • The Right to Decide is concerned with more than the removal of guardianship and substitute decision making

  • Legal reform must be carried out concurrently with other strategies that build community support for supported decision making

Mental Disability Advocacy Centre (MDAC), Right to Legal Capacity in Kenya, 2014

The Report highlights the voices of persons with mental disabilities, outlines the need for substantial legal and social reform in this regard, and provides comprehensive recommendations to bring Kenya in line with international law (specifically with respects to the right to legal capacity guaranteed by Article 12 of the CRPD).

 

European Union Agency for Fundamental Rights, Legal capacity of persons with intellectual disabilities and persons with mental health problems, 2013​

This Report presents the European Union Agency for Fundamental Rights’ (FRA) legal analysis of current standards and safeguards concerning the legal capacity of persons with intellectual disabilities and persons with mental health problems. It applies legal and sociological research methods to highlight discrepancies between the CRPD (ratified by 24 European Union Member States and the EU itself) and its implementation on the ground. This Report analyses current international and European legal standards and compares EU Member States’ laws in the area of legal capacity.

The Report sets out the lived experiences of a small number of interviewees who have experienced loss of legal capacity and/or other restrictions on the ability to make decisions. The socio-legal approach allows the Report to provide a comprehensive overview to this area (which is undergoing rapid and significant reform) and provide insight into how relevant laws impact the daily lives of those affected.

 

Mental Disability Advocacy Centre (MDAC), Legal Capacity in Europe, 2013

The purpose of the Report is to call on governments and the institutions of the European Union to enact concrete law and policy actions in order that all persons with disabilities have the right to legal capacity and access to the support necessary for exercising that right.

The Report consists of eight chapters. Chapter 1 lays out the roadmap to the Report. Chapter 2 sets out why guardianship is in dire need of reform. Chapter 3 sets out a vision for equality and inclusion as well as analyses the deficiencies of existing data on guardianship in Europe.  Chapter 4 provides advice to governments in respect of legislative measures for giving practical effect to their CRPD obligations. Chapter 5 lays out some of the experiences and lessons of MDAC over the last few years as derived from its interactions with  NGOs and governments in eleven European countries. Chapter 6 reviews the obligations of EU institutions under the CRPD. Chapter 7 provides a snapshot of legal capacity law reforms in 16 European jurisdictions. Chapter 8 contains references for further reading.

 

Council of Europe Commissioner for Human Rights, Who gets to decide? Right to legal capacity for persons with intellectual and psychosocial disabilities, 2012 

The majority of European legal capacity systems are outdated and in urgent need of reform.  The presumption of legal capacity, which all adults of majority age should enjoy, has to be extended to persons with disabilities.  This Issue Paper redirects focus from the deficiencies of persons with disabilities towards measures enabling and expanding the capacity of such persons to make decisions for themselves. The Issue Paper describes how Council of Europe Member States have grappled with issues such as the flaws in current guardianship systems, the automatic loss of human rights for individuals placed under guardianship regimes, and the pressing need to develop alternatives to provide persons with disabilities equal opportunities to shape their life paths.  The Issue Paper outlines the applicable international human rights framework (including case law from the ECtHR) and concludes with examples of good practice for the way forward.

 

Inclusion Europe, Position Paper on Legal Capacity- Key Elements of a System for Supported Decision-Making, 2009 

Article 12 of CRPD introduces a fundamental shift of thinking from substituted decision-making to supported decision-making. This Position Paper identifies some necessary conditions for transposing such paradigm shift into national laws. While this transposition will be different for States   Parties and non-States Parties,  this  Position  Paper sets out crucial elements without which national laws may fall short of the intentions manifested in Article 12.  For supported decision-making to become a reality, States Parties are required both to consider reforming national legislation on guardianship. Further, States Parties must implement non-legal measures and safeguards such as those which promote and support self-advocacy, the selection and registration of support persons, and dismantling communication barriers. Since issues related to legal capacity are linked to the basic structure of societies,  it is also important to inquire into underlying philosophical questions.

 

Reasonable Accommodation

United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), Accessibility for All: Good practices of accessibility in Asia and the Pacific to promote disability-inclusive development, 2016 

This Publication seeks to support policymakers in promoting accessibility at a policy and practical level. It contains information on relevant global and regional mandates that support and promote disability-inclusive development and accessibility, with a view to demonstrating the multi-faceted value of focusing on disability and accessibility policies to achieve broader development goals. Readers will learn about the core concepts of disability and accessibility, and be empowered with knowledge on standards, tools, and means of promoting accessibility.

Furthermore, this Publication will outline and analyse examples of good practices of accessibility in Asia Pacific. The majority of the good practices featured in this Publication were initially discussed at two international and multi-stakeholder workshops in 2014 and 2015, with a few additional examples drawn from Pacific island Member States. The selection of practices is based on their embodiment of the principles of accessibility, demonstrated success, measurable impact on the community, as well as their adaptable and replicable nature.

European Commission, Reasonable Accommodation beyond Disability in Europe?, 2013 

This Report discusses the merits and drawbacks of extending the duty to provide reasonable accommodation beyond disability, with a focus on the discrimination grounds covered by the European network of legal experts in the non-discrimination field (i.e. race or ethnic origin, religion or belief, age, and sexual orientation). The Report focuses on whether the reasonable accommodation is superfluous beyond disability given the protective mechanisms already in place in that regard (i.e. good practices, dynamic interpretation of indirect discrimination, etc.).

The Report assists understanding of the basic legal frameworks for reasonable accommodation in the US, Canada, Council of Europe, European Union, and EU Member States. It also analyses why disability may be the only ground giving rise to the duty of reasonable accommodation in some jurisdictions but not others.

International Telecommunications Union, G3ict, and the Centre for Internet and Society, e-Accessibility Policy Handbook for Persons with Disabilities, 2010

Digital Accessibility is a key mandate of the CRPD.  However, whilst the CRPD specifies desired outcomes, it does not prescribe specific digital accessibility solutions or references.  The Toolkit is therefore designed to support States Parties in identifying the requirements of Article 9, analysing local gaps in digital accessibility programs and policies, providing a framework for the development of policies and strategies for mainstreaming digital accessibility at national, regional and international levels, serving as a global electronic repository of policies, international standards, good practices and technical references on digital accessibility, facilitating the design of effective policy frameworks responding to the needs of e-inclusiveness principles covering Communication, Information & Services, promoting accessible and assistive ICT applications by fostering public-private cooperation to expand ICT usage by persons with disabilities and providing specific guidance to adequately address key issues of particular relevance to developing country environments.

United Nations Development Programme (UNDP) Malaysia, A Review of the International Best Practice in Accessible Public Transportation for Persons with Disabilities, 2010 

This  Report provides an international overview of the key technical issues on accessible public transportation for persons with disabilities. It begins with a brief description of the prevalence of disability and factors that influence accessibility.  It also explains why safe and convenient pedestrian infrastructure is particularly essential for persons with disabilities if they wish to satisfactorily access public transport. It then provides a discussion on design requirements and best practices for vehicles, bus stops and bus and train stations as well as important arguments on the importance of signage and information.  The Report illustrates best practices for training courses for transport providers and transport users as these have been among the central elements for making public transport services more accessible. The Report further explains how some barriers faced by persons with disabilities are often an unintentional result of particular policies of government and transport operators.

Republic of South Africa Department of Public Service and Administration, Handbook on Reasonable Accommodation for People with Disabilities in the Public Service, 2007 

This Handbook on Reasonable Accommodation for People with Disabilities is a Public Service innovative, creative, and visionary tool to fast track the efforts of ensuring an all-inclusive Public Service towards restoring human dignity, the inherent right to work and economic independence, and social justice. It serves as a tool to empower persons with disabilities towards being independent and self-reliant in the workplace, with minimal assistance or reliance on collegial support.

 

European Center for Excellence in Personal Assistance, Model National Personal Assistance Policy, 2004

This Policy, compiled by persons with disabilities themselves, is created to promote self-determination and full citizenship for persons with extensive disabilities. It is designed to empower persons requiring assistance to exercise a degree of control over their preferred services by: (1) providing them with purchasing power which, in turn, creates a market for assistance services with a multitude of service providers with different service delivery solutions; and (2) eliminating monopolies, public or private, in the provision of assistance services.  As a policy document, the text is primarily addressed to lawmakers and those working for changes in personal assistance legislation. Its focus is not on prescribing service delivery solutions but on creating the legal and financial framework that promotes diversity and quality in service provision. As a model policy, it describes, at best, the ideal legislation (but not the strategy for getting there).

New Zealand Human Rights Commission, Reasonable accommodation of persons with disabilities in New Zealand 

This Guide summarizes the definition of reasonable accommodation, types of barriers that make it difficult or impossible to accommodate persons with disabilities, and examples of reasonable accommodation. It also provides guidance for organizations, such as explaining the benefits associated with providing reasonable accommodation, how to devise policies, procedures and services with reasonable accommodation in mind, and the use of Universal Design. It concludes by explaining to persons with disabilities their rights to reasonable accommodation, how to effectively communicate requests for reasonable accommodation, and how to make a complaint.