Rights of Vulnerable People

A special issue of Laws (ISSN 2075-471X). This special issue belongs to the section "Health Law Issues".

Deadline for manuscript submissions: closed (30 September 2023) | Viewed by 5805

Special Issue Editor


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Guest Editor
Department of Ethics, Health Law and Medical Humanities, Amsterdam UMC, 1081 HV Amsterdam, The Netherlands
Interests: rights of vulnerable people; persons with intellectual disabilities; persons with dementia; long-term care; coercion; human rights

Special Issue Information

Dear Colleagues,

The UN convention on the rights of persons with disabilities was signed in 2007. The aim of this convention is to protect the rights and dignity of persons with disabilities. Almost 15 years later, it is interesting to see what has happened in the different countries that ratified the convention. Are the rights of vulnerable persons better protected? What happened during the COVID-19 crisis to vulnerable persons? Are new Acts convention-proof? At the same time, we also see that there is a shortage of staff in healthcare. Vulnerable people are becoming older, living at home longer, and their children are busy. How does this affect the legal position of vulnerable people? In many countries it is normal that family members help in a nursing home or care for their elderly parents. In the UK, as well as Germany and China, for example, special arrangements exist and sometimes a family member has to help in a care home. In The Netherlands, the question of whether a duty of care for family members can be introduced is being discussed.

The aim of this Special Issue is to compare the different worldwide legal systems for vulnerable persons, and to investigate, 15 years after the signing of the convention, are good practices widespread?

The suggested themes are:

  • Human rights;
  • Good practices of protecting the rights of vulnerable people;
  • Impact of the convention on the rights of persons with disabilities;
  • Coercion and especially ‘open doors’ of nursing homes. Are persons to go outside?
  • Should different laws for persons with intellectual disabilities allowed?
  • Rights of vulnerable people;
  • Family duty of care (due to shortage of caregivers);
  • COVID-19 and long-term care: rights and duties.

In this Special Issue, original research articles and reviews are welcome. Research areas may include (but are not limited to) the following:

  • Ethics;
  • Health law;
  • Care for persons with intellectual disabilities;
  • Care for persons with dementia;
  • Care for persons with psychiatric disorders.

I look forward to receiving your contributions.

Dr. Brenda Frederiks
Guest Editor

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Keywords

  • health law
  • vulnerable people
  • coercion
  • (human) rights
  • convention on the rights of persons with disabilities
  • discrimination
  • shortage of caregivers

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Published Papers (2 papers)

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Research

17 pages, 285 KiB  
Article
Transformative Justice for Elimination of Barriers to Access to Justice for Persons with Psychosocial or Intellectual Disabilities
by Jonas Ruškus
Laws 2023, 12(3), 51; https://doi.org/10.3390/laws12030051 - 5 Jun 2023
Cited by 5 | Viewed by 2482
Abstract
By adopting the Convention on the Rights of Persons with Disabilities (the CRPD) in New York, the United Nations heralded a new epoch on how disability-related matters ought to be comprehended and addressed across the globe. The aim of this article is to [...] Read more.
By adopting the Convention on the Rights of Persons with Disabilities (the CRPD) in New York, the United Nations heralded a new epoch on how disability-related matters ought to be comprehended and addressed across the globe. The aim of this article is to argue the role and substance of the CRPD, under which each State Party has a responsibility and duty to protect, promote and implement access to justice for all persons with disabilities on equal bases with others. Systemic and structural barriers to access to justice that are faced by persons with psychosocial or intellectual disabilities are highlighted, and the determinants of them are identified including boundaries of the principle of formal equality. The human-rights-based response within the framework of obligations of the States Parties of the CRPD to ensure access to justice for persons with psychosocial or intellectual disabilities is argued, with specific consideration of the principle of transformative equality. The analysis is based on the CRPD Committee’s jurisprudence, including Concluding observations for the States Parties, General Comments, statements and guidelines. Full article
(This article belongs to the Special Issue Rights of Vulnerable People)
19 pages, 336 KiB  
Article
Disability-Specific Sporting Competitions and the UN CRPD: Segregation as Inclusion?
by Rinke Beekman, Frea De Keyzer and Tim Opgenhaffen
Laws 2023, 12(3), 50; https://doi.org/10.3390/laws12030050 - 5 Jun 2023
Cited by 1 | Viewed by 2528
Abstract
Since the UN Convention on the Rights of Persons with Disabilities (CRPD) was created, segregation of persons with disabilities is no longer allowed. Separate schools, sheltered workshops, and isolated social care homes impede inclusion and must be banned. Sport is a remarkable exception [...] Read more.
Since the UN Convention on the Rights of Persons with Disabilities (CRPD) was created, segregation of persons with disabilities is no longer allowed. Separate schools, sheltered workshops, and isolated social care homes impede inclusion and must be banned. Sport is a remarkable exception to this general principle. The CRPD explicitly states that persons with disabilities should have the opportunity to organize, develop, and participate in disability-specific sporting activities. This contribution—focusing on the Paralympics and Special Olympics—examines why the CRPD allows and encourages disability-specific sporting competitions, despite (or perhaps due to) its radical choice for inclusion. Beyond that, this contribution asks the obvious follow-up question: if disability-specific competitions are allowed, how can the criteria for participation be determined in a manner consistent with the CRPD? The CRPD opposes a medical approach to disability, yet that approach is often used in selection criteria. Although this contribution primarily focuses on sports, the impact is wider: it raises questions on inclusion and how to assess disability. Full article
(This article belongs to the Special Issue Rights of Vulnerable People)
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