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The article discusses a court case in which the High Court considered whether the costs of activities undertaken by a disabled person as part of a social and life skills group should be considered 'disability-related expenditure' (DRE) and exempt from the local authority's calculations in relation to the charge that the claimant was required to pay for his support under the Care Act 2014. The court found in favor of the claimant, emphasizing the importance of the wellbeing duty and the role of the UN Convention on the Rights of Persons with Disabilities (CRPD) in interpreting the statute. The judgment highlights the progressive potential of the Care Act 2014 in promoting wellbeing, autonomy, and rights for individuals receiving care and support. However, the article also acknowledges that the financial situation of local authorities can impact the realization of these rights. [Extracted from the article]

The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part of the Inclusive Public Space Project, as well as judicial pronouncements, and the norms evolved by India as a party to the United Nations Convention on the Rights of Persons with Disabilities. In this paper, we briefly set out competing conceptions of accessibility and evaluate its constitutional and statutory manifestations. Further, the measures undertaken by the government in the form of policies, guidelines and campaigns to ensure accessibility in the Indian socio-political infrastructure are also assessed. The same is followed by the analysis of significant judicial precedents of the Supreme Court and High Courts on different aspects of the right to accessibility, to demonstrate how the courts have spearheaded various structural enhancements in the accessibility regime in India. The paper is concluded by drawing attention to the need for greater synchronicity in the adjudication and implementation of the principle of accessibility. [ABSTRACT FROM AUTHOR]

Debates about cultural participation of persons with disabilities within legal and socio-legal scholarship and within disability studies tend to remain disconnected. This article brings legal analysis and other academic disciplines into a critical dialogue. It sheds light on how the right to cultural participation is understood from the bottom up, building on a study carried out across Europe. Participants in this study perceived opportunities to participate in, and to contribute to, arts and culture in ways that are consistent with the human rights approach to disability as expressed in the UN Convention on the Rights of Persons with Disabilities, and as central to the concept of inclusive equality. Cultural participation was also understood as intrinsic to the humanity of all people, as vital to inclusion in mainstream life, as capable of communicating experiences or identities not otherwise represented, and as potentially transformative of art-forms and ultimately, of society. [ABSTRACT FROM AUTHOR]

Background: With reference to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), a fundamental change in psychiatric care in Germany was proposed in 2019 by Zinkler and von Peter, supported by a legal perspective from Kammeier, which has since led to controversial debates. Essentially, the aim is not only to reduce coercion in psychiatry to a minimum, but also to fundamentally exclude it in a psychiatry that only provides care. The function as an agent of social control is to be returned from psychiatry to state institutions. Psychiatric hospitals will only admit patients with their consent; patients who refuse therapy will not be admitted regardless of their capacity for self-determination and will remain untreated or, if they have committed a criminal offence or threaten to commit a criminal offence, they will be taken into custody or imprisoned in accordance with the legal regulations applicable to all people. There they will receive psychiatric care if they so wish. Aim of the paper: The paper outlines the background of this concept, including international sources, traces the discussion in German specialist literature and takes a critical look at it. Results: The criticism is primarily directed against the fact that responsibility for a relevant proportion of psychiatric patients would be handed over to the police and judiciary and that, as a result, two realities of care would be established that would considerably differ in terms of quality. Conclusion: Arguments are put forward in favor of retaining the function of social control and considerations are suggested as to how caring coercion can be largely minimized. [ABSTRACT FROM AUTHOR]

The UN Convention on the Rights of Persons with Disabilities (UNCRPD) remains in place as the major disability rights instrument recognising that all persons with disabilities must enjoy human rights and freedoms as every other person. However, the CRPD does not automatically confer realization of these rights. In practice, its implementation is met by multiple hurdles, most pronounced at the local level in the Global South, where disability and poverty intersect. This article reports on findings from a study in five countries (Kenya, Philippines, Jamaica, Guatemala, and South Africa) looking at the extent to which the CRPD is being implemented locally in contexts of poverty, and the factors and processes impacting this localization. The findings highlight multiple barriers, becoming more pronounced in local rural areas. These include weak and fragmented organisations of persons with disabilities (OPDs), political and legal issues, and a siloed approach where disability is marginalised in mainstream areas, including development. These barriers are accentuated as intersectional dimensions are factored in, including indigeneity, age, gender, race, and ethnicity. Overall, each local context is left to its own devices, with urban stakeholders, unknowing of what life in poverty is like and how this reframes the CRPD in discourse and practice at the forefront. Our study concludes that there is a profound need for an informed, contextualized, intersectional, and geopolitical analysis where poverty is kept sharply in focus. This is essential to move beyond unrealistic assumptions about disability rights frameworks and to work towards truly localized and transformative efforts.

Copyright of Public Health Forum is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part of the Inclusive Public Space Project, as well as judicial pronouncements, and the norms evolved by India as a party to the United Nations Convention on the Rights of Persons with Disabilities. In this paper, we briefly set out competing conceptions of accessibility and evaluate its constitutional and statutory manifestations. Further, the measures undertaken by the government in the form of policies, guidelines and campaigns to ensure accessibility in the Indian socio-political infrastructure are also assessed. The same is followed by the analysis of significant judicial precedents of the Supreme Court and High Courts on different aspects of the right to accessibility, to demonstrate how the courts have spearheaded various structural enhancements in the accessibility regime in India. The paper is concluded by drawing attention to the need for greater synchronicity in the adjudication and implementation of the principle of accessibility.

The UN Convention on the Rights of Persons with Disabilities (UN CRPD) is accompanied by an expansion of legal rights for people with disabilities. The paradigm shift from integration to inclusion aims at structural changes and improvements of the living conditions of the target group, which should lead to more participation in social spheres. Using sociological approaches of analysis, this paper shows social inclusion and exclusion mechanisms from a socialization and differentiation theoretical perspective for people with disabilities against the background of the discourse event of the UN CRPD. The theoretical findings are critically reflected and discussed with reference to relevant secondary data in the functional areas of education, economy and housing. Conflicting goals of existing organizational units are revealed and critically addressed. The aim is to uncover and explore existing mechanisms and their origins that promote inclusion or exclusion. [ABSTRACT FROM AUTHOR]

Copyright of Discourse: Journal of Childhood & Adolescense Research / Diskurs Kindheits- und Jugendforschung is the property of Verlag Barbara Budrich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The UN Convention on the Rights of Persons with Disabilities (UNCRPD) remains in place as the major disability rights instrument recognising that all persons with disabilities must enjoy human rights and freedoms as every other person. However, the CRPD does not automatically confer realization of these rights. In practice, its implementation is met by multiple hurdles, most pronounced at the local level in the Global South, where disability and poverty intersect. This article reports on findings from a study in five countries (Kenya, Philippines, Jamaica, Guatemala, and South Africa) looking at the extent to which the CRPD is being implemented locally in contexts of poverty, and the factors and processes impacting this localization. The findings highlight multiple barriers, becoming more pronounced in local rural areas. These include weak and fragmented organisations of persons with disabilities (OPDs), political and legal issues, and a siloed approach where disability is marginalised in mainstream areas, including development. These barriers are accentuated as intersectional dimensions are factored in, including indigeneity, age, gender, race, and ethnicity. Overall, each local context is left to its own devices, with urban stakeholders, unknowing of what life in poverty is like and how this reframes the CRPD in discourse and practice at the forefront. Our study concludes that there is a profound need for an informed, contextualized, intersectional, and geopolitical analysis where poverty is kept sharply in focus. This is essential to move beyond unrealistic assumptions about disability rights frameworks and to work towards truly localized and transformative efforts. [ABSTRACT FROM AUTHOR]

Copyright of Hessische Blätter für Volksbildung is the property of wbv Media GmbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Recht & Psychiatrie is the property of Psychiatrie Verlag GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Across Flemish universities, students with disabilities continue to make up a minority of the student population. Yet Article 24 of the UN Convention on the Rights of Persons with Disabilities ('CRPD') enshrines the right to inclusive education and prohibits any discrimination on the basis of disability in the implementation of this right. These rights indubitably also apply in a setting of postsecondary education, as is made unequivocally clear by the Article's requirement of an inclusive education system 'at all levels' and its paragraph 5. Equal access to higher education for persons with disabilities is crucial given its role as a portal to the enjoyment of other human rights. In our contribution we consider how one crucial aspect of this right is implemented, i.e. the right to reasonable accommodations. Based on university regulations and interviews with a number of people involved in the practical implementation of reasonable accommodations, we assess whether the law and practice at Flemish universities are in conformity with the CRPD standards. While we found that considerable attention is paid to the role of the environment and the context of individual students, we also identified a number of 'disability pitfalls' in the current Flemish practice that might also be present in other jurisdictions. [ABSTRACT FROM AUTHOR]

The challenge faced by Somalia's newly established National Disability Agency (NDA), along with other emerging actors in the disability arena, is how to address the perception that disability is primarily a humanitarian issue in a country that not only is in conflict but also faces cyclical humanitarian crises. A further challenge for the NDA is how to ensure that the humanitarian architecture put in place facilitates non-discrimination, as well as the inclusion of and participation by persons with disabilities. While a typical humanitarian architecture can inadvertently reinforce an already stigmatizing charity or welfare approach towards persons with disabilities, Somalia's experience demonstrates that humanitarian actors can do a lot with leadership, a willingness to leave agency branding behind, and an active committed partner such as the NDA. Nevertheless, genuine inclusion in Somalia's overall State-building project needs also to be the remit of development, reconciliation and similar actors, with access to and participation of persons with disabilities guaranteed in their range of processes and frameworks. [ABSTRACT FROM AUTHOR]

Governments are obligated to safeguard social inclusion for disabled people through user-led personal assistance (PA) under Article 19 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This scoping review was carried out to map and explore current knowledge on how governments internationally have managed PA schemes in response to the UNCRPD. The review examined 99 documents, and categorised the literature into the following themes; legislation, funding, model of service provision, governance and regulation, and the COVID-19 pandemic response. We include recommendations to co-design legislation and quality improvement policies to ensure that PA schemes are underpinned by a social model of disability mindset. Further research needs to be undertaken to guarantee that policymakers include the voice of PA users in the management of PA schemes. This article looked at 99 documents to find out how governments are managing personal assistance (PA). It found out that governments can often decide to spend less money on a PA scheme rather than protect our rights. To overcome this problem the documents recommended that legislation for PA schemes must be designed with disabled people. Governments must redirect their money from institutional services to community-based services. Eligibility criteria to control access and the costs of PA should be removed. This paper suggests that we need to have the voice of the PA user to direct the design and delivery of PA schemes. Supplemental data for this article is available online at [ABSTRACT FROM AUTHOR]

Copyright of Recht & Psychiatrie is the property of Psychiatrie Verlag GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Recht & Psychiatrie is the property of Psychiatrie Verlag GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article explores the concept of independent living as a counter-narrative. I argue that in addition to being both an aim for disabled people and a campaign objective for the global disabled people's movement, independent living also acts as a narrative tool that opposes majoritarian social constructions of disability and creates 'repaired' identities for disabled people. I analyse documents produced by the disabled people's movement in the UK to establish how independent living performs the work of resistance and re-draws social identities to enable equality and social justice for disabled people. I suggest that if independent living is to be effectively enshrined in domestic law and policy, the challenge it poses to dominant social narratives must be fully understood, and consider the role of the UN Convention on the Rights of Persons with Disabilities in effecting this. [ABSTRACT FROM AUTHOR]

This paper considers whether a duty to provide consumers with disabilities with pre-contractual information in an accessible format, or in an otherwise personalised format, can be read into EU consumer protection law. Such a duty could be regarded as a particular form of reasonable accommodation. The paper explores this issue in the context of three key consumer protection instruments: the Unfair Commercial Practices Directive, the Consumer Credit Directive, and the Consumer Rights Directive. The paper argues that the Directives should be interpreted in light of the EU's obligations under the UN Convention on the Rights of Persons with Disabilities (CRPD) which addresses, inter alia, the accessibility of information. Whilst consumer protection is an area of shared competence between the EU and its Member States, the three Directives examined in the paper largely provide for "full harmonisation," thereby limiting the scope Member States have for taking action in these fields. In light of this, the paper argues that the EU has, to a large degree, taken on responsibility for complying with the CRPD in these fields, and that the Directives should be interpreted in light of those obligations. The EU Charter of Fundamental Rights can further bolster a human rights compatible interpretation of EU consumer protection directives. The paper also considers the extent to which the Directives allow Member States some residual competences to set requirements concerning pre-contractual information for persons with disabilities. To the extent that such competences exist, the paper argues that CRPD-compatible minimum requirements for pre-contractual information provided to consumers with disabilities should be read into the Directives by the European Court of Justice. Establishing CRPD-compatible minimum requirements in this field would reduce the need for individual Member States to take action to comply with the CRPD, and therefore reduce the risk of divergent national standards which could undermine the internal market goals of the relevant Directives. The paper concludes that a duty to provide a de facto reasonable accommodation, in terms of accessible and additional information, can be read into the Consumer Credit Directive and the Consumer Rights Directive. A more limited duty, concerning only the provision of additional information for persons with disabilities, can be read into the Unfair Commercial Practices Directive. It is unclear whether case law of the Court of Justice can be interpreted as requiring the provision of accessible information under this last Directive. [ABSTRACT FROM AUTHOR]

The present article focuses on the InterAmerican System for the Protection of Human Rights (Inter-American System) in the context of disability. It addresses several relevant issues regarding complaint mechanisms. The article is divided into three main parts. The first part explains the organs of the Inter-American System and corpus iuris centered on disability rights. The second part explores rights to nondiscrimination and non-segregation of persons with disabilities based on relevant reports and recommendations issued by the Inter-American Commission on Human Rights, as well as case-law of the Inter-American Court of Human Rights. The last part of this article includes some concluding remarks.

Copyright of Revista Juridicas is the property of Universidad de Caldas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The current study analyzed blogs written by four Dutch parents of children with profound intellectual and multiple disabilities, with the aim of deepening the understanding of the parents' concerns. Thematic analysis was conducted and five main themes were identified: Dealing with uncertainties addressed the impact of unpredictability present in the everyday lives of parents, Love and loss described the complexity of concurrently cherishing the child and grieving various types of loss, Struggling with time, energy and finances detailed imbalances and struggles related to parents' personal resources, Feeling included in communities and society specified social consequences, and Relating to professional care services reflected on stress and support associated with professional care delivery. The study findings demonstrate how care professionals should acknowledge parents' vulnerabilities by being aware of their existential distress and empowering parents to exercise control of family thriving. [ABSTRACT FROM AUTHOR]

This paper analyzes the recent reform regarding the legal capacity of persons with disabilities in Peru. It provides a domestic legal and judicial context in which the reform was adopted. Following this, the paper aims to analyze the reform’s conformity with article 12 of the Convention on the rights of persons with disabilities, noting that the current regulation is only partially CRPD compliant. The current design of judicially designated supporters can be understood as valid under specific interpretations of Article 12, while the design of safeguards does not comply with such standard. The paper addresses the impact of legal capacity reform in traditional private law theory of the juridical act. Currently, the Peruvian system does not provide clear or accurate standards to respond to this problem. The paper shines a light on the need to rethink multiple concepts of private law in order to make legal capacity reform fully operational.

This article aims to reorient thinking about the relationship between the long-standing social model of disability and the rapidly emerging human rights model. In particular, it contests the influential view that the latter develops and improves upon the former (the improvement thesis) and argues instead that the two models are complementary (the complementarity thesis). The article begins with a discursive analysis of relevant documents to investigate how each of the two models has been used in the crafting and monitoring of the UN Convention on the Rights of Persons with Disabilities. This highlights the increasing importance of the human rights model in this policy context. It also provides examples of the operation of the two models which inform the remainder of the discussion. We then critique the comparisons between the models which underpin the improvement thesis; and, drawing on Foucault's technologies of power and Beckett and Campbell's 'oppositional device' methodology, deepen and develop this comparative analysis. The result, we argue, is that the two models have different subjects and different functions. In the human rights context, their roles are complementary and supportive. [ABSTRACT FROM AUTHOR]

Copyright of SWS - Rundschau is the property of Verein fur interdisziplinare sozialwissenschaftliche Studien und Analysen and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: Perception of exertion is essential for self‐regulation in sports. The ability to rate perceived exertion (RPE) is regarded as psychophysiological competence, although cognitive components of RPE are largely unknown. The present study tested the hypothesis that cognitive processing speed, perseveration and figural fluency correlate with RPE. Methods: The present study tested relationships between the performance in neuropsychological tests and the competence for RPE assessed during soccer training in 30 adults with and 22 adults without intellectual disabilities. Results: Mean correlation coefficients for RPE and heart rate differed significantly between participants with intellectual disabilities (r =.41) and participants without intellectual disabilities (r =.71). The variance of RPE could be partially explained by neuropsychological performance measures reflecting cognitive processing speed and perseveration and by age. Conclusions: The results point to an impaired perception of exertion in people with intellectual disabilities, which can be partially explained by individual neuropsychological competencies. [ABSTRACT FROM AUTHOR]

Good communication between healthcare providers and patients is vital to effective healthcare. In order to understand patients' complaints, make accurate diagnoses, obtain informed consent and explain treatment regimens, clinicians must communicate well with their patients. This can be challenging when treating patients from unfamiliar cultural backgrounds, such as the Deaf. Not only are they a linguistic and cultural minority, they are also members of the world's largest and oft-forgotten minority group: the disability community. Under Article 25 of the United Nations Convention on the Rights of Persons with Disabilities ("CRPD"), persons with disabilities have rights to the same range, quality and standard of free or affordable healthcare and programmes as provided to other people. Yet communication barriers and healthcare providers' lack of familiarity with Deaf culture can impair the quality and accessibility of healthcare for the Deaf. This essay analyses the scope of this issue in Singapore: a state party to the CRPD which has a vibrant Deaf community, and yet no legislative or constitutional guarantees of the rights of persons with disabilities. In addition to exploring the communication barriers faced by Deaf patients in Singapore, this essay highlights ways in which healthcare providers and the state can support community-based initiatives to overcome these barriers. [ABSTRACT FROM AUTHOR]

Der „Vertrag von Marrakesch zur Erleichterung des Zugangs für blinde, sehbehinderte oder anderweitig lesebehinderte Personen zu veröffentlichten Werken" (kurz: „Marrakesch-Vertrag") gilt heute in 57 Ländern der Erde und regelt in 22 Artikeln die von den Vertragsstaaten umzusetzenden Anpassungsregelungen im Urheberrecht zugunsten von Menschen mit Seh- und Lesebehinderungen. In den Mitgliedstaaten der Europäischen Union trat der Vertrag am 1. Januar 2019 in Kraft. Der Beitrag zeigt, wie im deutschen Urheberrecht die oben genannten Anpassungsregelungen erfolgen. "The Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled" (in short: Marrakesh Treaty) presently applies for 57 countries worldwide providing for the implementation of copyright realignment schemes for the benefit of persons who are visually impaired or have reading disabilities in 22 articles. In the member states of the European Union, the treaty came into force on 1 January, 2019. The following contribution illustrates how the realignment scheme adapts to German copyright law. [ABSTRACT FROM AUTHOR]

In connection with the UN Convention on the Rights of Persons with Disabilities, mental healthcare concepts increasingly focus on the prevention of violence and coercion. Hospital care with an open-door policy is linked with a reduction in violence and coercive measures. The authors describe a specific therapeutic milieu aiming to promote social resources and to reduce institutional exclusion. Open-door policies can be extended to and tied in with outreach community mental health work. Model projects according to § 64b of the German Social Code (SGB V) on interdisciplinary care enable flexible needs-based care including home treatment for severe mental illness. [ABSTRACT FROM AUTHOR]

Copyright of Zeitschrift für Gerontologie und Geriatrie is the property of Springer Nature and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Article 19 of the United Nations (UN) Convention on the Rights of Persons with Disabilities requires states to ensure that persons with disabilities have access to a range of support services, including personal assistance. The Convention is an agreement between state parties and the UN. However, in practice, disability services are often implemented at the local level. Drawing on the findings of qualitative research in Iceland, Norway and Sweden, this paper examines a paradox whereby states commit to ensure access to support services, but decentralize responsibility to autonomous and independent local governments. A multi-level governance framework is applied to analyse the findings of qualitative inquiry with policy-makers, local government officials and leaders of independent living organizations in all three Nordic countries. A multi-level analysis highlights the tensions and contradictions between decentralization and human rights commitments.

By the adoption of the United Nation Convention on the Rights of Persons with Disabilities, many countries have committed to providing conditions for persons with disabilities to actively participate in the community. This article explores the meaning of active citizenship for persons with psychosocial disabilities and focuses in particular on the role of the state. Illustrated with examples from Sweden, the analysis underlines the complexity of the relationship between mental health and society by taking into account several models of disability, different conceptions of citizenship and the broader socio-economic context. We suggest that the use of a dynamic approach to psychosocial disabilities is appropriate for dealing with the manifold issue of mental health in welfare states. In conclusion, we point at important challenges facing the realization of full inclusion and citizenship in contemporary societies.

Against a backdrop of the UN Convention on the Rights of Persons with Disabilities having been in place for over a decade, discussions about legal capacity, the relevance of mental capacity and the shift to supported decision-making, continue to develop. A panel event was held at the King's Transnational Law Summit in 2018 with the aim of understanding the contours of the dialogue around these issues. This paper presents the contributions of the panel members, a summary of the discussion that took place and a synthesis of the views expressed. It suggests that divergent conclusions in this area turn on disagreements about: the consequences of sometimes limiting legal capacity for people with mental disabilities; the emphasis placed on particular values; the basis for mental capacity assessments; and the scope for supported decision-making. It also highlights the connection between resources, recognition and freedoms for people with mental disabilities, and therefore the issues that arise when discussion in this area is limited to legal capacity in the context of decision-making. [ABSTRACT FROM AUTHOR]

Copyright of SWS - Rundschau is the property of Verein fur interdisziplinare sozialwissenschaftliche Studien und Analysen and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper discusses the educational aspects of the historical transformation of disability from a matter of care, cure and charity to a matter of social justice and human rights, initiated and led by the disabled people's movement. The first part of the paper considers the social model of disability and its significance for the UN Convention on the Rights of Persons with Disabilities. The second part focuses on inclusive education, regarding it as a major element of the transformation of disability into an issue of justice and rights. The concluding section analysis the practice of inclusion both globally and in Bulgaria by discussing various barriers to inclusion (lack of adequate support, large groups and classes, ableism, rigid curricula, overvaluation of academic achievements, selectivity), their links to disciplinary power and marketisation, and possibilities for their overcoming. [ABSTRACT FROM AUTHOR]

The article clarifies principles, provisions and shortcomings of regulating advance decisions with a view to current regulatory approaches in Germany. The legal framework of instructional directives has been fundamentally amended in 2009. But recent cases illustrate some of the difficulties that arise and several decisions of the highest courts have reopened controversial discussions. The article argues that both the making and the implementation of advance directives involve decisions made under conditions of uncertainty. Regulations must be and are already quite complex. Even so, problems are predictable if advance decisions are not embedded in a broader context of advance care planning. [ABSTRACT FROM AUTHOR]