NationStates Jolt Archive


Draft: Rights of the Disabled

The Empirial Borders
03-12-2008, 13:54
Rights of the Disabled
A resolution to improve worldwide human and civil rights.

Category: Human Rights
Strength: Mild
Proposed by: Charlotte Ryberg

The World Assembly,

ANGERED by:
- Evidence that some Member Nations or Non-Governmental Organizations deliberately impose wanton or inferior treatment against disabled people, whether it is access to basic services or employment in a job, and;
- Poor or even non-existent level of financial support or social care that is available to lighten the hearts of disabled people.

CONVINCED that no matter how impaired a person may be, it is accepted in the principle of fair society that one has the same level of aspiration as an able-bodied person would possess.

ANSWERING the calls for action to promote and enforce economic, social and vocational integration of disabled people in all walks of life by means of a resolution;

IMPLEMENTING “Disability Rights”, a resolution to protect the interests and ambitions of all disabled people in our world.

1. DEFINES a “disabled person” as anyone with:
- A physical, mental, or sensory impairment that substantially limits any of major life activities of an individual, or;
- A record or consensus of having such impairment.

2. DECLARES that all disabled people hold the undeniable right to equal opportunity in service, life and employment;

3. OBLIGES Member Nations to perceive disability in a non-defamatory matter, as well as:
a) Preventing all organizations (state, public or independent) from unfair discrimination (treating a person inferiorly for having a disability, without justification) in all aspects including Employment, volunteering, management of land/property or organization, access to goods, facilities, services and education of all forms and health/social care;
b) Making satisfactory adjustments to their laws, policies, practices and infrastructure to accommodate people with different needs, thereby preventing indirect discrimination;
c) Providing satisfactory financial and care support for disabled people and to fund accessibility improvements for people with disabilities;
d) Respecting a disabled person’s right to equal treatment, aspiration and opportunity, and;
e) Banning the drafting of disabled people to, whilst allowing disabled people to voluntarily enlist in, the armed forces.
f) Refraining from committing unfair execution or purging of disabled people.

4. ESTABLISHES the World Disability Council, directing them to:
a) Enforce the terms of the resolution;
b) Catalogue, record, recognise and acknowledge all types of disability known to our world;
c) Promote the common understanding of disability and the disability rights, and;
d) Assist Member Nations and Non-Governmental Organisations in complying with this resolution.

DIRECTS the World Assembly to positively promote the disability rights as laid down by this resolution, irrespective of any crisis, wars or famine.

EMPHASIZES that:
- Member Nations remain free to explore ways of funding financial/social care and the promotion of equal rights for disabled people, and;
- The provisions of this resolution cannot guarantee the improvement of a Member Nation's economy.


The original resolution this was drawn from:
The World Assembly Resolution on the employment of disabled people in the W.A. Community.

THE WORLD ASSEMBLY,

Whereas, for the purpose of this Resolution, 'disabled people' includes all people with serious disabilities which result from physical, mental or psychological impairments;

Whereas disabled people have the same right as all other workers to equal opportunity in training and employment;

Whereas, in a period of economic crisis, action at W.A. level should be not only continued but also intensified in order to promote the achievement of equal opportunity by means of positive and coherent policies;

Whereas these policies should take account of the aspirations of disabled people for a fully active and independent life;

Whereas the W.A., in this resolution stresses the need to promote at W.A. level the economic, social and vocational integration of disabled people;

I. HEREBY THE W.A. OBLIGES MEMBER STATES:

1. To take all appropriate measures to promote fair opportunities for disabled people in the field of employment and vocational training, including initial training and employment as well as rehabilitation and resettlement.
The principle of fair opportunity for disabled people should be applied in respect of:
(a) access to employment and vocational training, whether normal or special, including guidance, placement and follow-up services;
(b) retention in that employment or vocational training and protection from unfair dismissal;
(c) opportunities for promotion and in-service training.

2. To this end, to continue and, if necessary, intensify and re-examine their policies to help disabled people, where appropriate after consulting disabled people's organizations and both sides of industry; such policies should take account of measures and specific activities implemented in the other Member States which have proved effective and worthwhile.
These policies should provide in particular for:

(a) Elimination of negative discrimination by:
(i) reviewing laws, regulations and administrative provisions to ensure that they are not contrary to the principle of fair opportunity for disabled people;
(ii) taking appropriate measures to avoid as far as possible dismissals linked to a disability;
(iii) limiting exceptions to the principle of equal treatment in access to training or employment to the cases justified on the ground of a specific incompatibility between a particular activity forming part of a job or course of training and a particular disability; if necessary, it should be possible to have this incompatibility confirmed by a medical certificate; any such exception should be reviewed periodically in order to establish whether it continues to be justified;
(iv) seeking to ensure that any tests required for access to vocational training courses and any tests required during or at the end of such courses are designed in such a way that candidates with disabilities are not thereby disadvantaged;
(v) seeking to ensure that disabled people can go before the competent bodies to establish their rights and can receive the necessary assistance to do so in accordance with national law and practice.

(b) Positive action for disabled people, including:
(i) bearing in mind differences in sectors and enterprises, the fixing by Member States, where appropriate and after consultation of disabled people's organization and both sides of industry, of realistic percentage targets for the employment of disabled people in public or private enterprises having a minimum number of employees; such a minimum might be set at between 15 and 50. Measures should also be adopted for making these targets public and achieving them;
(ii) the making available, in each Member State, of a guide or code of good practice for the employment of disabled people, incorporating positive measures already adopted in the Member State concerned and corresponding in spirit with the provisions of this Resolution; the guide or code of good practice should be circulated as widely as possible and refer to the public and private sectors;
it should describe clearly the contribution which the recipients of the guide or code can and should make in putting into practice the national policy on disabled people; it should include information and advice on the support that is available from public services;
(iii) provision whereby the Member States encourage the public and private enterprises to take all appropriate measures for the employment of disabled people which correspond in spirit with the guide or code of good practice; Member States should establish the means for making these policies, and the annual progress made in their implementation, known to the public, according to existing procedures for disseminating information in the social field;
(iv) provision whereby the employer and the rehabilitation services cooperate in the resettlement, with the same enterprise as far as possible, of any employee who becomes disabled.
The Empirial Borders
03-12-2008, 13:57
So will this proposal make it to the preliminary stage of WA delegates votes? If you have any ideas to improve this draft, don't hesitate to suggest!

Thx
Urgench
03-12-2008, 14:10
You could start by removing all the nonsensical "whereas", they do not make for better comprehension and do not contribute any stylistic improvement.

Perhaps the honoured Ambassador for Emperial Borders would like to peruse our own efforts in non-discrimination legislation- http://forums.jolt.co.uk/showthread.php?t=567124

It takes time to write good statutes for this organisation, time and patience. We applaud your efforts so far, and will have further advice at a later date.

Yours e.t.c. ,
Charlotte Ryberg
03-12-2008, 17:44
Incredible start to the resolution but you have a lot of characters used.

Here's my suggestion:

------

Disability Rights
A resolution to improve worldwide human and civil rights.

Category: Human Rights
Strength: Strong or Significant (or the highest)
Propsed by: Charlotte Ryberg

------

... or The Empirial Borders, depending on who gets to post this proposal. now back to the text:

------

The World Assembly,

ANGERED by:
- Evidence that some Member Nations or Organizations deliberately impose wanton or inferior treatment against disabled people, whether it is access to basic services or employment in a job, and;
- Poor or even non-existent level of financial support or social care that is available to lighten the hearts of disabled people.

CONVINCED that no matter how impaired a person may be, it is accepted in the principle of fair society that one has the same level of aspiration as an able-bodied person would possess.

ANSWERING the calls for action to promote and enforce economic, social and vocational integration of disabled people in all walks of life by means of a resolution;

IMPLEMENTING “Disability Rights”, a resolution to protect the interests and ambitions of all disabled people in our world.

1. DEFINES a “disabled person” as one with:
- A physical/mental impairment that substantially limits any of major life activities of an individual, or;
- A record or consensus of having such impairment.

2. DECLARES that all disabled people hold the undeniable right to equal opportunity in service, life and employment;

3. OBLIGES Member Nations to perceive disability in a non-defamatory matter, as well as:
a) Preventing all organizations (state, public or independent) from unfair discrimination (treating a person inferiorly for having a disability, without justification) in all aspects including Employment, volunteering, management of land/property or organization, access to goods, facilities, services and education of all forms and health/social care;
b) Making satisfactory adjustments to their laws, policies, practices and infrastructure to accommodate people with different needs, thereby preventing indirect discrimination;
c) Providing satisfactory financial and care support for disabled people and to fund accessibility improvements for people with disabilities;
d) Respecting a disabled person’s right to equal treatment, aspiration and opportunity, and;
e) Banning the drafting of disabled people to, whilst allowing disabled people to voluntarily enlist in, the armed forces.
f) Refraining from committing unfair execution or purging of disabled people.

4. ESTABLISHES the World Disability Council, directing them to:
a) Enforce the terms of the resolution;
b) Catalog, record, recognise and acknowledge all types of disability known to our world;
c) Promote the common understanding of disability and the disability rights, and;
d) Assist Member Nations and Non-Governmental Organisations in complying with this resolution.

DIRECTS the World Assembly to positively promote the disability rights as called upon by this resolution, irrespective of any crisis, wars or famine.

EMPHASIZES that:
- Member Nations remain free to explore ways of funding financial/social care and the promotion of equal rights for disabled people, and;
- The provisions of this resolution cannot guarantee the improvement of a Member Nation's economy.

ENDEBTED to the Empirial Borders.

------

... or me, depending on who will post this proposal. The character count comes up to, at worst, 3100 characters. There is a 3500 character limit for proposals.

As for co-authors, I am seriously considering honouring the co-authors in my WA social group too.
The Empirial Borders
03-12-2008, 18:07
So I edited mine.. here it is
------------------------------------------------------------------------------------

Resolution on the employment of disabled people
Whereas 'disabled people' includes all people with serious disabilities which result from physical, mental or psychological impairments;
Whereas disabled people have the same right as all other workers to equal opportunity in training and employment;

I. THE W.A. OBLIGES MEMBER STATES:

1. To take all appropriate measures to promote fair opportunities for disabled people in the field of employment and vocational training, including initial training and employment as well as rehabilitation and resettlement.
The principle of fair opportunity for disabled people should be applied in respect of:
(a) access to employment and vocational training,
(b) retention in that employment or vocational training and protection from unfair dismissal;
2. To this end intensify and re-examine their policies to help disabled people, where appropriate after consulting disabled people's organizations and both sides of industry; such policies should take account of measures and specific activities implemented in the other Member States which have proved effective and worthwhile.
These policies should provide in particular for:
(a) Elimination of negative discrimination by:
(i) reviewing laws to ensure that they are not contrary to the principle of fair opportunity for disabled people;
(ii) taking appropriate measures to avoid dismissals linked to a disability;
(iii) limiting exceptions to the principle of equal treatment in access to training or employment to the cases justified on the ground of a specific incompatibility between a particular activity forming part of a job or course of training and a particular disability;
(iv) seeking to ensure that any tests required for access to vocational training courses and any tests required during or at the end of such courses are designed in such a way that candidates with disabilities are not thereby disadvantaged;
(v) seeking to ensure that disabled people can go before the competent bodies to establish their rights and receive the necessary assistance to do so in accordance with national law and practice.
(b) Positive action for disabled people, including:
(i) the fixing by Member States of realistic percentage targets for the employment of disabled people in public or private enterprises having a minimum number of employees; such a minimum might be set at between 15 and 50.
(ii) the making available, in each Member State, of a guide or code of good practice for the employment of disabled people, incorporating positive measures already adopted in the Member State concerned and corresponding in spirit with the provisions of this Resolution;
(iii) provision whereby the Member States encourage the public and private enterprises to take all appropriate measures for the employment of disabled people which correspond in spirit with the guide or code of good practice;
(iv) provision whereby the employer and the rehabilitation services cooperate in the resettlement of any employee who becomes disabled.
Quintessence of Dust
03-12-2008, 19:44
You are allowed to write original proposals (http://wallis.kezenfogva.iif.hu/eu_konyvtar/projektek/vocational_rehabilitiation/instr/eu_28.htm), you know.
Charlotte Ryberg
03-12-2008, 22:33
That's another good draft, taking account of the 3500 character rule, but I think there should be more than just equal rights in employment. What we need is a resolution on equal rights and awareness, so starting from what I've drafted in post #4, and a lot of ideas, we can build a pretty good one.
Cobdenia
03-12-2008, 23:15
I don't know...I would feel better if disabled rights were included in a general anti-discrimination legislation
Gobbannaen WA Mission
04-12-2008, 01:17
Whitespace is your friend. Putting the odd blank line in would make this a lot more readable, which vastly improves your chances of the average ambassador actually reading it rather than saying "Bugger that" and heading off to the bar.
New Leicestershire
04-12-2008, 02:40
The Empirial Borders, it's OK to look to RL laws and treaties for inspiration. It's even OK to take bits and pieces of them and work them into your proposal. But you can't just copy and paste the Council of the European Communities Recommendation on the Employment of Disabled People and say "here's my new proposal". Write something original, in your own words. Others have done this and you can too. It just takes a bit of thought and work.
Meisterburg
04-12-2008, 07:23
I find Charlotte Ryberg's proposal to be quite good. My only criticism is on the definition of disability. Technically speaking, this definition would only apply to those physically disabled (a.k.a. "handicapped") or cognitively disabled (formerly called "mentally retarded"). I would encourage the inclusion of sensory, neurological, and psychiatric disabilities so that blindness, deafness, autism, bipolar, clinical depression, etc. can be included.
Flibbleites
04-12-2008, 18:14
I find Charlotte Ryberg's proposal to be quite good. My only criticism is on the definition of disability. Technically speaking, this definition would only apply to those physically disabled (a.k.a. "handicapped") or cognitively disabled (formerly called "mentally retarded"). I would encourage the inclusion of sensory, neurological, and psychiatric disabilities so that blindness, deafness, autism, bipolar, clinical depression, etc. can be included.

I would think that blindness or deafness would be a physical disability.

Bob Flibble
WA Representative
Meisterburg
05-12-2008, 00:34
I would think that blindness or deafness would be a physical disability.

Bob Flibble
WA Representative

Generally speaking, "physical" disability refers to one affecting one's ability to move directly. Any disability can be reduced to a physiological root, but "physical" usually refers to paralysis, paraplegia, quadriplegia, etc. Blindness and deafness is generally put under "sensory", e.g. the IRL Americans with Disabilities Act.
Charlotte Ryberg
05-12-2008, 18:29
I will add sensory, just to be on the safe side:

1. DEFINES a “disabled person” as anyone with:
- A physical, mental, or sensory impairment that substantially limits any of major life activities of an individual, or;
- A record or consensus of having such impairment.
Subistratica
05-12-2008, 19:40
Charlotte's version looks very good to me. There were several parts that I thought were wise to include, and I would support this should it become a resolution.
Charlotte Ryberg
07-12-2008, 15:17
If everyone's happy, I will be ready to put it up for approval (once I've dealt with one of our staff computers which is infected with the SmitFraud virus).
Charlotte Ryberg
09-12-2008, 18:10
All done (same for the virus): Submitted for the first run!

Moderators please change prefix title to "Proposed". Cheers!
Charlotte Ryberg
12-12-2008, 18:12
And we have a quorum! Nothgual was the pivotal approval that triggered it. A rather smooth process, thanks WA Delegates who have supported me and The Empirial Borders, whom has inspired me, I'm off to start a separate thread covering the vote.
Urgench
12-12-2008, 19:16
This resolution will have our complete and total opposition. Not only is it written in incomprehensible doggerel it is monstrously offensive to civilised states and more importantly to the very people it patronises with its crass presumptions.


Yours e.t.c. ,
Charlotte Ryberg
12-12-2008, 19:51
Whoa whoa, you might have read the wrong post: here is the qualifying one:


Rights of the Disabled
A resolution to improve worldwide human and civil rights.

Category: Human Rights
Strength: Mild
Proposed by: Charlotte Ryberg

The World Assembly,

ANGERED by:
- Evidence that some Member Nations or Non-Governmental Organizations deliberately impose wanton or inferior treatment against disabled people, whether it is access to basic services or employment in a job, and;
- Poor or even non-existent level of financial support or social care that is available to lighten the hearts of disabled people.

CONVINCED that no matter how impaired a person may be, it is accepted in the principle of fair society that one has the same level of aspiration as an able-bodied person would possess.

ANSWERING the calls for action to promote and enforce economic, social and vocational integration of disabled people in all walks of life by means of a resolution;

IMPLEMENTING “Disability Rights”, a resolution to protect the interests and ambitions of all disabled people in our world.

1. DEFINES a “disabled person” as anyone with:
- A physical, mental, or sensory impairment that substantially limits any of major life activities of an individual, or;
- A record or consensus of having such impairment.

2. DECLARES that all disabled people hold the undeniable right to equal opportunity in service, life and employment;

3. OBLIGES Member Nations to perceive disability in a non-defamatory matter, as well as:
a) Preventing all organizations (state, public or independent) from unfair discrimination (treating a person inferiorly for having a disability, without justification) in all aspects including Employment, volunteering, management of land/property or organization, access to goods, facilities, services and education of all forms and health/social care;
b) Making satisfactory adjustments to their laws, policies, practices and infrastructure to accommodate people with different needs, thereby preventing indirect discrimination;
c) Providing satisfactory financial and care support for disabled people and to fund accessibility improvements for people with disabilities;
d) Respecting a disabled person’s right to equal treatment, aspiration and opportunity, and;
e) Banning the drafting of disabled people to, whilst allowing disabled people to voluntarily enlist in, the armed forces.
f) Refraining from committing unfair execution or purging of disabled people.

4. ESTABLISHES the World Disability Council, directing them to:
a) Enforce the terms of the resolution;
b) Catalogue, record, recognise and acknowledge all types of disability known to our world;
c) Promote the common understanding of disability and the disability rights, and;
d) Assist Member Nations and Non-Governmental Organisations in complying with this resolution.

DIRECTS the World Assembly to positively promote the disability rights as laid down by this resolution, irrespective of any crisis, wars or famine.

EMPHASIZES that:
- Member Nations remain free to explore ways of funding financial/social care and the promotion of equal rights for disabled people, and;
- The provisions of this resolution cannot guarantee the improvement of a Member Nation's economy.
Urgench
12-12-2008, 20:41
We hope the honoured Ambassador for Charlotte Ryberg will accept our apologies. We were confused which draft of this resolution had actually made quorum.

In any event we still maintain that this resolution is not well written enough or clear enough in its actual intent to properly address this issue. And the attempt to treat disabled persons as a separate subgroup of human beings with different rights to the rest of humanity runs completely contrary to morality in our opinion. Our opposition to this statute will continue.

Yours e.t.c. ,
Frisbeeteria
12-12-2008, 20:53
OP edited to include both original and final versions. Thread retitled.
Charlotte Ryberg
12-12-2008, 21:40
Actually, the thread is to be retired (sorry for the confusion). I am starting a new thread with a fully detailed briefing and a poll.