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Can Policy To Address Some Rights Address Breaches Of Other Disability Rights?, Sally Robinson, Karen Fisher Assoc Prof
Can Policy To Address Some Rights Address Breaches Of Other Disability Rights?, Sally Robinson, Karen Fisher Assoc Prof
Professor Sally Robinson
Governments must implement the UN CRPD. In practice, government prioritises policies relating to some rights more highly than others. This unequal implementation relates in part to constraints on government, including competing interests, multiple participants and incremental policy change. In the context of these constraints, can differential policy priorities address breaches of other disability rights? This paper tests this question in relation to support for people living in boarding houses in Queensland, focusing particularly on residents with intellectual disability. Among the core disability rights are the rights to housing and housing support (Article 19). For some people living in boarding houses, …
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...