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The changing and challenging linguistic trends in rehabilitating persons with disabilities: The context of post conflict disability rehabilitation in post conflict states.

Mugabi, Ivan K. 2015. The changing and challenging linguistic trends in rehabilitating persons with disabilities: The context of post conflict disability rehabilitation in post conflict states. Presented at: Cardiff Language and Law: Expertise in Language and Law, Cardiff, UK, 27 November 2015.

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Abstract

The concept of distributive justice in modern times might be importing the practical application of ideas on equal access to global resources and public services thus demonstrating the benefits of social justice among persons with disabilities. In the present context of this paper, for a long term, the concept of “rehabilitation” has informed and impacted background of framing post armed conflict obligations which international humanitarian law (IHL) imposes on relevant states and non-state actors such as post conflict states and the International Committee for Red Cross (ICRC). By ways of a comparative analytical research design, it is imperative to highlight that Article 26 of the Convention on Rights of Persons with Disabilities (CRPD) that has been drafted much latter than duties under IHL has also used concepts of rehabilitation in expressing, framing and subsequently conceptualising the obligations that peaceful and armed conflicted or post conflict states should have towards to persons with disabilities. The similarly in the theoretical and practical aspects of rehabilitations under IHL and the CRPD, bearing in mind that IHL is strictly applied to address disability rehabilitation needs of states undergoing armed conflicts and also considering the fact that IHL affords minimalistic generalised rehabilitation protection that might be fairly weaker than those under the CRPD in terms identifying specific obligations of state towards persons with disabilities during armed conflict, situations of effective foreign occupation and duties of disability rehabilitation in post conflict transition. This paper draws upon the contextual similarities and differences in the framing of rehabilitation duties by both sources in demonstrating the exclusivity of persons with disabilities in the present conceptual framework of the post armed conflict programme often delivered by the ICRC. Secondly the paper also highlights the manner in which the prevalence of physical disabilities have in some respects enhanced a narrow centred view in the conceptualisation of rehabilitation in the post armed conflict period. The paper finalises by extrapolating some recommendations as to how the individual complaints procedures of the CRPD might be a means of advancing distributive justice in post conflict states through challenging and changing to narrow conceptualization of persons with disabilities in rendering rehabilitation. The aim of such recommendation is to challenge and change from the narrow minded purview of disabilities in the physical sense so as to promote a more inclusive definition of disabilities especially if Articles 11 and 26 of the CRPD were operationalised bearing in mind Article 1 of the CRPD.

Item Type: Conference or Workshop Item (Poster)
Date Type: Completion
Status: Unpublished
Schools: Law
Subjects: K Law > KZ Law of Nations
P Language and Literature > PE English
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Last Modified: 01 May 2018 10:45
URI: http://orca-mwe.cf.ac.uk/id/eprint/110313

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