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Conceptualisations ofDisability in ICF and CPRD

Their contribution to the realization ofthe Right to Work^ Prof. Dr. Marianne HirschbergUniversity of Kassel08-10 März 2017

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

Outline1. Functions of classifications2. Constructions of disability & normalcy in the ICF3. Human Rights als Analytical Instrument and

normative fundament for politics

4. The Human Rights Model of Disability5. Participation in the labour market without

discrimination^ ^

Legal instrument of reasonable accomodation ^

Human Rights Principle of Accessibility

6. In the light of the concept of the Fragile Body7. Conclusions

First Classification of disability (1980)Disease /Disorder

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

Disability

Impairment

Handicap

Medical Model: Equalisation of disability withInternational Classification of Impairments, Disabilitiesand Handicaps (World Health Organization 1980)

disease

UPIAS Definition of Disability (1976)“In our view it is society which disables

physically impaired people. Disability

is something imposed on top of

our

impairments

by the way we are

unnecessarily isolated and excluded fromfull participation in society. “

(Union of the Physically Impaired against Segregation (UPIAS) in: Oliver 1996: 33) 

Development of the

Social model of

Disability

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

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ICF-Definitions of Disability^ 

Disability

as umbrella term of 3 components

and result of the interaction of severalcomponents^ “Disability

is an umbrella term for impairments,

activity limitations and participation restrictions.It denotes the

negative

aspects of the interaction

between an individual (with a health condition) andthat individual´s contextual factors (environmentaland personal factors)“

(WHO 2001: 213)

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

Relation of disability & normalcy in the ICF^ 

Heterogenity of the relationship between disabilityand normalcy:

(Foucault 1977, 1982)

-^

Dichotomy: disability vs. Functioning ^

Either disabled or non disabled

-^

Flexibility: Spectrum between disability andfunctioning ^

Grey area of severe to light impairments ^

And furthermore to “superhigh functioning“ ^

Transition zone between normalcy and abnormalcy byrisks through disabilities: Abnormalcy as “risky area ofdenormalisations“

(Link 1999, 2004)

Flexible normalist differentiation of theprotonormalist basis of the ICF

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

Results of the Analysis of the ICF

Diversity of voices in the lines of discourses reflextsthe heterogeneous conceptualisation of disability-

Especially regarding biomedicalisation, participationand capacity

Extension of the classifying spectrum and practisewith the ICF-

Beginning orientation towards to risk factors andgenetic information

in 3. WHO classification of

disability manifestated?

Synthesis of medical and social model through thebiopsychosocial approach is dependent on itspractical implementation

^

Tense relationship between participation andexclusion

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Development of Human Rights Treaties

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For Resistance against suppression cf.Davis 2002, Charlton 2006, for UniversalDesign vgl. Davidson 2006)

Answer to

structural and

systematical experienceof injustice

Expressing the issues of the liberation movements

^

Workers? ^

Women ^

Afroamericans ^

Homosexuals? ^

Children ^

Disabled people ^

Elderly ^

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

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Understanding of Disability (CRPD)„Persons with disabilitiesinclude those who havelong-term physical, mental,intellectual or sensoryimpairmentswhich in

interaction

with

various barriers may hindertheir full and effectiveparticipation in society onan equal basis with others.“(Art. 1 para. 2 CRPD)

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

© Sebastian Bolesch, Radialsystem

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Perspective of change in understanding

“Recognizing that disability is an evolvingconcept and that disability results from theinteraction between persons with impairmentsand attitudinal and environmental barriers thathinders their full and effective participation insociety on an equal basis with others“(Preamble e CRPD)

Possible change of the understanding ofdisability throughout time and societal change

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

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Significance of the CRPDThe high commissioner for Human Rights, Navi Pillay,regards the CRPD as fundamental change thinkingabout disabled people(speach in front of commission on Human Rights, march 2009)“The convention requires us to move away fromcharity-based or medical-based approaches todisability to a new perspective stemming from andfirmly grounded in human rights (…). These traditionalapproaches and attitudes, no matter how wellintentioned they might have been, regarded personswith disabilities either as passive recipients of good willor deeds, or as problems to be fixed, or both.”

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

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The Human Rights Model of DisabilityValues for disability policy:^ 

Focus

: Human dignity of persons with impairments

Relation between civil and political rights AND economic,

social and cultural rights 

Basis for the development of theories of social justice:

including: Living with pain, the diminishment of the qualityof life and the possibility of an early death because of theimpairment 

Identity politics and identification as minority

Instrument for policies of prevention of disabilities

(reducing barriers) 

Fundament for the development of an instrument to

reduce disabilities driven by poverty

(Degener 2015)

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

The right to work and employment (Art. 27) ^

State parties recognize the right of persons withdisabilities to work:-^

On an equal basis with others

-^

Including the right to the opportunity to gain a livingby work freely chosen or accepted in a labour marketand work environment

-^

that is open, inclusive and accessible to persons withdisabilities

(Para. 1)

State parties shall

take appropriate steps to

-^

prohibit discrimination on the basis of disability

(Para. 1 a)

-^

ensure persons with disabilities to exercise their labourand trade union rights on an equal basis with others(Abs. 1 c)

-^

Ensure that reasonable accommodation is provided topersons with disabilities in their work place

(Para. 1i)

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen

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Obligations to the right of work

Governmental obligations:(General Comments to the art. 13, Covenant on Educational, Social and Cultural Rights) 

Availability -^

inclusive work places

Accessibility -^

Especially regarding physical access (light, sound, time,space…)

Acceptability -^

Reasonable accomodations as assisting possibilities

Adaptibility -^

Inclusion as international standard but locally to beadjusted (indigenous, minority, migrant, disabled workers,professionals)

Prof. Dr. Marianne HirschbergUniversity of Applied Sciences

Bremen