Giving substance to ‘the best interpretation of will and preferences’

In General Comment No. 1, the UN Committee on the Rights of Persons with Disabilities calls for ‘the best interpretation of will and preferences’ to replace best interests determinations in decision-making law, but it has given little guidance on the content of this new standard. As a result, ‘best interpretation’ is sometimes treated as synonymous with ‘true interpretation’. On this reading, ‘the best interpretation of will and preferences’ is just whatever interpretation most accurately represents the interpreted person’s will and preferences. This article shows that the conflation of the word ‘best’ with the word ‘true’ must be avoided. Interpretative processes contribute to changes in the interpreted person, including changes in their will and preferences. There are both supportive and abusive forms of these contributions, but conflating ‘best interpretation’ with ‘true interpretation’ removes both from view. An alternative reading of ‘best interpretation’ should therefore be preferred: one that requires the process of interpretation to be responsive to both truth and the detailed substantive rights found in the UN Convention on the Rights of Persons with Disabilities

Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005

The Mental Capacity Act 2005 provided a variety of legal mechanisms for people to plan for periods of incapacity for decisions relating to personal care, medical treatment, and financial matters. Little research has however been done to determine the degree to which these are actually implemented, and the approach to such advance planning by service users and professionals. This paper looks at the use of advance planning by people with bipolar disorder, using qualitative and quantitative surveys both of people with bipolar disorder and psychiatrists. The study finds that the mechanisms are under-used in this group, despite official policy in support of them, largely because of a lack of knowledge about them among service users, and there is considerable confusion among service users and professionals alike as to how the mechanisms operate. Recording is at best inconsistent, raising questions as to whether the mechanisms will be followed

Sanitation, human rights, and disaster management

Purpose The purpose of this paper is to link debates around the international law on human rights and disaster management with the evolving debate around the human right to sanitation, in order to explore the extent to which states are obliged to account for sanitation in their disaster management efforts. Design/methodology/approach The paper is based on analysis of existing laws and policy relating to human rights, sanitation and disaster management. It further draws upon relevant academic literature. Findings The paper concludes that, while limitations exist, states have legal obligations to provide sanitation to persons affected by a disaster. It is further argued that a human rights-based approach to sanitation, if respected, can assist in strengthening disaster management efforts, while focusing on the persons who need it the most. Research limitations/implications The analysis in this paper focuses on the obligations of states for people on their territory. Due to space limitations, it does not examine the complex issues relating to enforcement mechanisms available to disaster victims. Originality/value This is the first scholarly work directly linking the debates around international human rights law and disaster management, with human rights obligations in relation to sanitation. The clarification of obligation in relation to sanitation can assist in advocacy and planning, as well as in ensuring accountability and responsibility for human rights breaches in the disaster context

Regulating disasters? The role of international law in disaster prevention and management

Purpose – This article explores the role of international law in disaster prevention and management, with a particular focus on the emerging field of international disaster law, and its relationship with international human rights law. It further introduces the four articles of the special column of this journal issue, dedicated to disasters and international law. Design/methodology/approach – The analysis is based upon primary sources of legislation and policy, as well as academic literature on disasters and international law. Findings – Although the field of international disaster law is at its infancy, we argue that this emergent area does have the potential to gain widespread recognition as a distinct field of law, and that this could be of benefit for the wider disaster management community. Originality/value – The article introduces key legal features and themes relating to international law and disasters, highlighting their relevance for disaster management. The added value is to widen the discussion on aspects of disasters regulated by international law, thus facilitating the future exchange with other academic subjects and operational fields. Keywords – disasters; international law; disaster management; treaties; human rights; international disaster law; international human rights law. Paper type – Research pape

Autonomy, education and the rights of children with special and additional support needs and disabilities in England and Scotland:A new paradigm?

Legislation enacted in 2014 in England and 2016 in Scotland attempts to boost the rights of children and young people with special and additional support needs in the context of education, particularly with regard to opportunities for their participation in decision-making and local planning, with governments in both nations claiming that the new measures place the UK at the forefront internationally on this issue. There are, however, key differences in the respective nations’ legislation and policy, as well as similarities, which the article explores. Using case studies, it then examines the central issues arising in each jurisdiction in the practical realisation of the relevant rights. The article concludes with a comparative discussion of the recognition of children’s autonomy in the context of education in the two nations, highlighting gaps between rhetoric and reality

Early intervention for children with developmental disabilities in low and middle-income countries - the case for action

In the last two decades, the global community has made significant progress in saving the lives of children <5 y of age. However, these advances are failing to help all children to thrive, especially children with disabilities. Most early child development research has focussed on the impact of biological and psychosocial factors on the developing brain and the effect of early intervention on child development. Yet studies typically exclude children with disabilities, so relatively little is known about which interventions are effective for this high-risk group. In this article we provide an overview of child development and developmental disabilities. We describe family-centred care interventions that aim to provide optimal stimulation for development in a safe, stable and nurturing environment. We make the case for improving opportunities for children with developmental disabilities to achieve their full potential and thrive, including through inclusive early childhood development intervention. Finally, we call for the global research community to adopt a systematic approach for better evidence for and implementation of early interventions for children with developmental disabilities in low-resource settings

Diversity in the workplace: an overview of disability employment disclosures among UK firms

People with disabilities (PWD) have been defined as the world’s largest minority group. This societal group continues to face significant barriers to labor market entry and social inclusion. The associated costs to supporting non-working PWDs can be high and long term. Yet, their potential as motivation, contribution and impact to human capital, adaptability, firm productivity and the innovative capacity of business entities is valuable and underutilised. PWD employment is a pressing ‘advanced market’ issue with strong implications on the nature of equitable opportunities, social mobility and diversity in the workplace. A better level of responsiveness by firms is needed to endorse enabling conditions towards broader social sustainability and as impact on PWDs quality of life. This study attempts to assess the quality of corporate reporting disclosure on disability issues by U.K. firms, as a stepping stone for mainstreaming integration of PWDs into labor markets under the scope of corporate social accountability. The information published in 274 sustainability reports highlights trends pertaining to disability employment. We benchmark U.K. sustainability reports against PWD-adapted indicators of the Global Reporting Initiative guidelines. Findings suggest that U.K. corporate disclosures on PWD employment are lacking in key respects, leaving much to be desired, and with plenty of room for improvement in order to clearly set out their commitment in favor of PWD employment. Drawing on these findings, implications for PWD employee policy and practice are outlined