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This article describes and clarifies the human rights of persons with disabilities in the context of detention in light of the recently adopted and already in force Convention on the Rights of Persons with Disabilities (the Convention). Focusing on the Convention, the article sheds light on the legality of certain forms of detention affecting persons with disabilities, the substantive and procedural requirements for their detention, and on their rights in relation to conditions of detention. This article also provides an account of the different treatments and practices inflicted on persons with disabilities in prisons and other institutions and assesses whether they constitute torture and ill treatment. The authors argue that the Convention on the Rights of Persons with Disabilities represents a paradigm shift that requires States to modify and adopt laws, policies and practices that fully respect the right to liberty of persons with disabilities, and their equal enjoyment of rights while in detention, including the right to be free from torture and ill treatment.

Neurodiverse conditions, or developmental disorders, are neither well-known nor understood by the general population in Trinidad and Tobago. Awareness of, or sensitivity toward, children with autism spectrum disorder (ASD), in particular, is lacking in Trinidad and Tobago. Generation A is those persons who will reach adulthood in the next decade or so and be seeking employment opportunities. Given the current challenges faced by persons with ASD in securing and maintaining employment and the fact that this is a generally underexplored area of research, focusing on Generation A provides an opportunity to explore what provisions are in place for individuals with ASD to assist with future transitions into the workplace in Trinidad and Tobago. This chapter focuses on the existing policy, legal, and institutional framework in Trinidad and Tobago for ASD in the workplace, with particular reference to Generation A, to determine how it is currently addressed and what accommodations are being made to facilitate this demographic. A review of ASD-related data and select, relevant policy, law and institutions in Trinidad and Tobago has revealed that very few preparations, if any, are being made to facilitate Generation A individuals' entry into the workplace. The most relevant sector for addressing ASD needs falls to the NGO movement, but these organizations do not focus on employment preparation. Several recommendations for the key stakeholders in this process have been made that can assist in this regard.

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non‐binding or so‐called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

The purpose of this paper is to examine and comment on disability rights legislation by focusing on international documents on people with impairments of the last decades, in order to provide more information on the dynamics of the disability rights movement and their moral plea for full inclusion.

By analyzing the international legislation and most important guidelines with respect to people with impairments, it is possible to portray a socio-political change by unfolding the agenda of the historical dimension of the decisive events.

The long and difficult struggle of people with impairments to beneficiaries of full human rights protection is a fundamental socio-political change that is documented by adhering to important international legislation and guidelines.

The examination of recent international legislation with respect to people with impairments provides historical context for current developments in the context of disability and full inclusion by conceding human rights as their moral and legal foundation.

Welfare policies for persons with disabilities have been strongly affected by the COVID-19 pandemic, and this introductory chapter provides the theoretical background to the book. Definition, data and main European policies about disabilities are outlined. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is the key pillar of disability policies in European countries. In line with a Disability Studies perspective, COVID-19 health surveillance regime has been a challenge in the implementation process of the UNCRPD, highlighting the role of lay knowledge and community of practices in managing everyday challenges for persons with disabilities and their families, and therefore their potential role in becoming part of epistemic communities to support the policy making and implementation process of the UNCRPD.

The United States (US) system of special education committed three original sins that perpetuate inequities between children with disabilities and their peers. The purpose of this paper is to examine the history of the US system, contrast this history against international disability law and identify opportunities for leaders to transform policy and practice for inclusive education.

This paper explores the development of the three sins in US special education law: (1) weaving throughout it a medical model of disability, (2) failing to mandate inclusion and (3) hampering meaningful enforcement. The paper contrasts the US system with the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), an international law adopted by 180 nations that requires inclusion of people with disabilities at all levels of systems.

This paper finds that the United States has not embraced inclusion in education, but has permitted a continuum of segregation and integration. After a discussion of the three sins and the CRPD, the authors describe opportunities for international and US leaders to learn from the original sins of the United States and develop a system of true inclusion for all students through the transformation of policy and practice.

This paper contributes to the literature on policy development and implementation, with implications for future amendments to US education law and international public administration of education.

This chapter presents a research method for operationalizing a human rights approach with children with disability in developing countries that confronts the tension between a universal human rights discourse and local knowledge and customs. This research was undertaken in Papua New Guinea and Vanuatu. Through methods of data collection, analysis of data and the dissemination of findings, the focus was on utilizing human rights concepts and ideas in a way that enabled the local meanings and experiences of children to be re-interpreted against the Articles of the Convention on the Rights of Persons with Disabilities (CRPD). Findings could then be presented in a manner that communicated effectively with governments and local and global organizations, while also honouring the particular experiences of children with disability. Such an approach is, of course, subject to critique and ongoing adaptation.

In 2014, Japan ratified the CRPD, which spurred to the development of domestic laws; however, the education section of the Convention does not clarify how to educate children with disabilities in inclusive education. Thus, while the global inclusive education goal advocated by UNESCO and other bodies concerns education for all, inclusive education in Japan is seen as education for children with disabilities, and the philosophies and practices are very different. Therefore, this chapter introduces the policies and current practices of inclusive education in Japan and discusses the possibilities for school education reform from the perspective of real inclusive education.

Purpose: The United States became a member of the United Nations’ (UN’s) core anti-racism treaty, International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), but has not passed the UN’s core gender equality treaty, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This chapter explores why the United States passed only one of the conventions. It reviews the power, misinterpretation, and compliance theories that explain why only one of the treaties was ratified. In addition, it offers a fourth explanation of the nation’s behavior – that of relative cost.

Findings: This chapter shows that CEDAW’s mandates, which are specific in nature, are costlier with respect to public services, educational resources, and programs to alleviate cultural prejudices, than are the more broadly framed ICERD mandates. This chapter finds this difference as a driving factor for the nation to enter into the race convention and not the women’s rights pact.

Methodologies: Methodologies used in this publication include feminist and legal analyses and the examination of US policies as well as statements made by political figures.

Originality: This chapter makes contributions to legal and feminist scholarship by providing insight into the nation’s adoption of ICERD, and its failure to ratify CEDAW despite its stance that it is a supporter of women’s rights. The implications of this study are that while the power, misinterpretation, and compliance theories are useful to understand the apparent discrepant response to the two treaties, relative cost as defined by the different ways in which the treaties are framed is also useful in explaining the United States’ failure to ratify the gender equality treaty. Though CEDAW is more specific in its identification of equality issues and is costlier than ICERD, the advancement of both gender and racial equality in the United States falls short of international standards.