REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES

The reasonable accommodation duty is an element of the principal of non-discrimination embedded inter alia in the United Nations Convention on the Rights of Persons with Disabilities. It is stated that reasonable accommodation means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms. In addition, by placing the reasonable accommodation duty within the definition of discrimination the Convention introduces a premise that exercising the fundamental rights needs individualized measures aimed at resolving the existing systemic discrimination against persons with disabilities.   However, there is no unified stand worldwide as for how unjustified denial of such accommodations is treated, i.e. whether it is considered as a form of direct discrimination or indirect discrimination, or sui generis form of discrimination. This paper explores this venue using comparative observations from the EU Member States. Furthermore, the paper elaborates on the elements of the reasonable accommodation and determines its frames in the national legal context, especially exploring the remits of the new Law on Prevention and Protection from Discrimination (2019). Finally, the paper presents ways forward in increasing the importance of this legal institute in strengthening the fundamental rights of persons with disabilities. The text uses examples from national and international jurisprudence as well as reports and analysis that have been developed on the same subject matter. &nbsp

Idea behind Reasonable Accommodation as a Way Forward to Achieving Equality

According to statistics of the International Labour Organization, an estimated 386 million of the world's working-age people have some kind of disability. Unemployment among persons with disabilities is as high as 80 percent in some countries. The question of reasonable accommodation rises as an important issue that needs to be considered when speaking about disability discrimination in the area of employment and occupation. The purpose of every reasonable accommodation, which is exclusively based on the social model of disability, is to provide disabled persons with access to employment, work and advancement in the work, as a way forward to achieving equality.This paper elaborates on the question of the legal nature and the effect of reasonable accommodation, on what type of accommodation is appropriate and effective in legal terms. In addition this paper will look at the question of protection, i.e. who should be protected - the individual person or the group of persons with disabilities, the framework of the legal obligation to protect and its limits. Comparatively, the paper analyses the reasonable accommodation duty as provided in the UN Convention on the Rights of Persons with Disabilities and the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Today, in different legal systems, there are various ways of regulating the reasonable accommodation. Namely, whether it should be considered as an anti-discrimination duty or as a form of an affirmative action? This question does not have a single answer and but will be elaborated in greater detail in the paper using comparative experience from the EU Member-States, USA, and Australia. Furthermore, the paper assesses the current situation on the reasonable accommodation for persons with disabilities in the Macedonian context.Finally, the paper identifies the key challenges and recommends actions for overcoming them. The text uses results from research and surveys that have been conducted in the country and abroad as an illustration of trends and patterns.Keywords: discrimination, reasonable accommodation, undue burden, Macedonia

THE IMPORTANCE AND PLACE OF THE ESSENTIAL SKILLS TRAINING IN ADULT EDUCATION: A CASE STUDY OF THE INTEGRATED LEARNING MODEL

The essential skills are the skills needed for work, learning, and life. They provide the foundation for learning other skills and enable people to evolve with their jobs and adapt to workplace and career change. Human Resources and Skills Development Canada identifies nine essential skills: reading, document use, numeracy, writing, oral communication, working with others, thinking, computer use, and continuous learning. In my research I investigated the effect that the essential skills training and the integrated learning model (ILM - critical, facilitated and independent learning environment) have on the students’ attitude towards learning, motivation and confidence in their abilities to succeed in their new careers. A qualitative approach was used. Eight students from two learning centres participated in the study. Data were collected from interviews with students, centre managers, and students’ journals over a six week period. Four categories of students were identified. It was determined that each group benefited in different ways. Two categories benefited the most from the essential skills training, and the ILM. The implications for further research are that age, ESL level, health issues, time provided for retraining, limited vocational options, and stress are factors that affect the extent to which these participants are able to benefit

Idea behind Reasonable Accommodation as a Way Forward in Achieving Equality

According to statistics of the International Labour Organization, an estimated 386 million of the world's working-age people have some kind of disability. Unemployment among persons with disabilities is as high as 80 percent in some countries. The question of reasonable accommodation rises as an important issue that needs to be considered when speaking about disability discrimination in the area of employment and occupation. The purpose of every reasonable accommodation, which is exclusively based on the social model of disability, is to provide disabled persons with access to employment, work and advancement in the work, as a way forward to achieving equality. This paper elaborates on the question of the legal nature and the effect of reasonable accommodation, on what type of accommodation is appropriate and effective in legal terms. In addition this paper will look at the question of protection, i.e. who should be protected - the individual person or the group of persons with disabilities, the framework of the legal obligation to protect and its limits. Comparatively, the paper analyses the reasonable accommodation duty as provided in the UN Convention on the Rights of Persons with Disabilities and the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Today, in different legal systems, there are various ways of regulating the reasonable accommodation. Namely, whether it should be considered as an anti-discrimination duty or as a form of an affirmative action? This question does not have a single answer and but will be elaborated in greater detail in the paper using comparative experience from the EU Member-States, USA, and Australia. Furthermore, the paper assesses the current situation on the reasonable accommodation for persons with disabilities in the Macedonian context. Finally, the paper identifies the key challenges and recommends actions for overcoming them. The text uses results from research and surveys that have been conducted in the country and abroad as an illustration of trends and patterns

BETWEEN DAVID AND GOLIATH: WHERE DID WE LOSE R2P BETWEEN LIBYA AND SYRIA?

The price of the delayed and inconsistent international commitment was unfortunately paid on the streets of Paris and the airport of Brussels. The migrant crisis cannot be resolved by any political agreement, except for resolving the very source of it. This could be a chance for reviving R2P - this time, redefining the concept and including also non-state actors. And giving a chance a society to be rebuilt. This might sound too idealistic – but this is the only long term solution that can actually work for everyone. The contemporary understanding of human rights is indivisible for human security. Human security is indivisible from the protection of citizens of their own governments. It is a precondition for a more secure world. And it is a responsibility of the international community. We still have a chance to show our dedication and make a step forward. As Tolkin says, not all those who wander are lost

PERSONAL ASSISTANCE – COMPARATIVE ANALYSIS OF THE LEGISLATIVE AND INSTITUTIONAL FRAMEWORK IN THE AREA OF SOCIAL SERVICES

The paper presents the findings of an external assessment of the current regulatory framework of existing social services and associated services as well as the current regulatory framework regarding the area of social services and employment of persons with disabilities aiming at introducing personal assistance, carried out in the period February-June 2017. The paper aims at reflecting upon the potential future role of the system for personal assistance service provided for persons with disabilities in the Republic of Macedonia, and to estimate the extent to which legal amendments needs to be developed in facilitating this system in the national legislation. An additional purpose is to provide recommendations in a step-by-step approach for initiating the establishment of the system and the legal status, financing, responsibilities and oversight of the work of the service providers and personal assistants, as integral part of the system.Key words: legislation, personal assistance, person with disabilitie

Chloroquine and Hydroxychloroquine in Treatment of Coronavirus Disease-19

At present, we are facing coronavirus disease (COVID)-19 pandemic caused by the severe acute respiratory syndrome coronavirus-2 with several treatment choices and reports of different treatment outcomes. Chloroquine and hydroxychloroquine use for the management of severely ill patients started as a quite enthusiastic treatment option, following several small clinical trials, case series reports, public authorities, and media affirmation. However, the evidence we have so far is conflicting and some national societies and professional institutions implicate that we should wait for definite treatment recommendations until there are solid data for or against the use of these drugs. Until we have more powerful evidence in our hands, we should be aware of safety issues of the old drugs for the new application in the emergency state we are facing today with the COVID-19 pandemic. We performed a concise review of strengths, limitations, and awareness for chloroquine and hydroxychloroquine use for COVID-19 infection treatment based on the evidence the science has today

Legality of the use of cluster bombs in international law: a short overview

The war in Ukraine brought the collective security system towards a dead-end street. After raising the question of nuclear threat, another long-time forgotten question arises again, waking up the ghosts that slept for more than a half-century- the use of cluster bombs. Although an international convention prohibits this type of weapon, neither Ukraine, Russia, nor the United States are part of it, which leads back to the agony of fragmentation of international law versus the erga omnes concept of universally applicable norms and customary rules. Since the war is official and intensive, the law of armed conflict applies no matter which of the states involved denies it or names it differently. The use of cluster munitions from both sides is highly contested in international law - the paper aimed to provide an overview of the applicable legal framework through analytical and comparative methods. Although there is a general notion that cluster munition is banned under international law, the paper's results show this is not the ultimate case. Contextualisation relies on the four basic principles of humanitarian law

TEACHERS’ PERSPECTIVES ON PREVALENCE OF THE MOTHER TONGUE IN FOREIGN LANGUAGE TEACHING

This paper analyzes the role of the mother tongue (MT or L1) in foreign language (FL or L2) teaching process. The purpose of the paper is to determine MT prevalence in foreign language (FL) classroom moreover to explore the degree of MT usage by the teachers and to determine the perception of teachers regarding its use in foreign language teaching, specifically whether MT should be used continuously, partially or not at all within the FL teaching process. For the purpose of this paper and in addition to the theoretical research of professional literature in this area, a survey for teachers has been conducted to determine and explain the role of the mother language (L1) namely whether the mother tongue is generally used in foreign language teaching and acquisition, how often, and in which segments is MT usage mostly prevalent. The results of this paper will contribute to facilitating foreign language teaching process, specifically by perceiving overall teachers’ perspectives on MT role and usage in upper secondary schools, which in turn will enable easier and more efficient learning and successful acquisition of the foreign language