Special communicationHealth-Related Rehabilitation and Human Rights: Analyzing States' Obligations Under the United Nations Convention on the Rights of Persons with Disabilities
Section snippets
Why a focus on rehabilitation?
Although human rights issues are increasingly discussed in areas of health such as reproductive health,37 human immunodeficiency virus/acquired immunodeficiency syndrome,38 and mental health,39 the rehabilitation sector has lagged behind. Rehabilitation is frequently seen as a relatively unimportant secondary service for people who have impairments. Rehabilitation needs are still sidelined in health policy programming, and the availability of specialized rehabilitation services, including
Legal basis to claim the right to access rehabilitation for persons with disabilities in relation to health
In the past 40 years, countries and multilateral agencies have acknowledged the importance of rehabilitation and affirmed their commitment to strengthen and promote rehabilitation for persons with and without disabilities in various declarations and resolutions. There are numerous human rights instruments, some of which address issues pertaining specifically to persons with disabilities while others view rehabilitation more broadly as a public health and social development issue. The most
Obligations of states under the CRPD
Article 4 sets out the “General Obligations” of the CRPD and provides interpretative context in the sense that “the obligations prescribed will attach themselves to the Article under consideration.”58(p9) Under standard rule of human rights interpretation, this entails that states have 3 kinds of obligations generated by each right: First, states are responsible not themselves to violate human rights directly; second, they are also responsible to protect their citizens from having their rights
Conclusions
This article explored the legal basis and range of state obligations with respect to the right to rehabilitation found in human rights law, most particularly the CRPD, and suggests a human rights–based framework for rehabilitation service planning and evaluation.
Human rights are expressions of moral values with legal implications on states as the principal duty bearers. Human rights are indivisible, interrelated, interdependent, and indispensable and therefore cannot be achieved in isolation.
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Assessment of autonomous smart wheelchairs for disabled persons using hybrid interval-valued Fermatean fuzzy combined compromise solution method
2023, Sustainable Energy Technologies and AssessmentsSupporting government policies to embed and expand rehabilitation in health systems in Europe: A framework for action
2022, Health PolicyCitation Excerpt :Women and older persons with disabilities may also experience intersectional discrimination and be denied access to rehabilitation [82,83]. Both international and European human rights law prohibit discrimination on the basis of disability, age and gender in insurance coverage and the provision of rehabilitation services, and demand that service providers treat people of all ages with dignity and respect [84]. The WHO has also emphasized the need to ensure that national rehabilitation plans and strategies are consistent and aligned with the CRPD and its principles of equality and non-discrimination [10,12].
Rehabilitation in momentum of Norwegian coordination reform: From practices of discipline to disciplinary practices
2017, AlterCitation Excerpt :Provision of rehabilitation is an interpersonal process, and a vehicle by which care is implemented and on which outcomes depend (Donabedian, 1988). There have been increasing demands in Western countries to organize and coordinate resources and professional competencies in order to secure accessibility, availability, acceptability, and quality of rehabilitation services in holistic manners (Skempes, Stucki, & Bickenbach, 2015; Wade, 2009b). Examples include political movements on disabled people's rights to participation, self-help, demedicalization, and deinstitutionalization of the health care system that target individual adjustments (Brown et al., 2004; Galvin, 1980).
Assistive technology in public policies: trends in the international debate and implications for Brazil
2024, Disability and Rehabilitation: Assistive TechnologyManagers’ perceptions on the implementation of community-based rehabilitation in KwaZulu-Natal
2024, South African Journal of PhysiotherapyChildren with neurodevelopmental disabilities and the right to health
2023, Neurodevelopmental Pediatrics: Genetic and Environmental Influences
Presented in part to the European Health Law Conference, April 28–30, 2014, Riga, Latvia.
Supported by the Disability Rights Expanding Accessible Markets project (grant no. ITN-2010-265027) under the European Union 7th Framework Programme—Marie Curie Actions.
Disclosures: none.