TY - JOUR
T1 - Unchaining disability law : global considerations, limitations and possibilities in the Global South and East
AU - Soldatić, Karen
AU - Grech, Shaun
PY - 2022
Y1 - 2022
N2 - Pons, Lord, and Stein’s article entitled “Disability, Human Rights Violations, and Crimes Against Humanity,”1 offers a timely and comprehensive analysis of the necessity to legally frame and approach crimes against persons with disabilities across the globe as crimes against humanity (CAH). National public inquiries examining the systematic violations against persons with disabilities repeatedly demonstrate how, despite efforts to report such heinous crimes, these violations remain largely ignored and nearly always unprosecuted.2 In the Global South and East, violations may be accentuated as complex historical, economic, (geo)political, cultural, ideological, spiritual, and even religious beliefs come into play alongside shifting landscapes of civil unrest, war, and state militarization. Within such contexts, legal measures for the protection of persons with disabilities, particularly for minority communities, meet extraordinary barriers. In this essay, we identify a number of core issues that constrain the possibilities of investigation and prosecution of CAH committed against persons with disabilities living in the Global South and East. Even though such laws are largely grounded in practices and institutions of the Global North, this essay emphasizes the need to ensure that accountability efforts for CAH perpetrated against persons with disability are rigorous in their design, robust in their application, and recognize the heterogeneity of persons with disability on a global scale.
AB - Pons, Lord, and Stein’s article entitled “Disability, Human Rights Violations, and Crimes Against Humanity,”1 offers a timely and comprehensive analysis of the necessity to legally frame and approach crimes against persons with disabilities across the globe as crimes against humanity (CAH). National public inquiries examining the systematic violations against persons with disabilities repeatedly demonstrate how, despite efforts to report such heinous crimes, these violations remain largely ignored and nearly always unprosecuted.2 In the Global South and East, violations may be accentuated as complex historical, economic, (geo)political, cultural, ideological, spiritual, and even religious beliefs come into play alongside shifting landscapes of civil unrest, war, and state militarization. Within such contexts, legal measures for the protection of persons with disabilities, particularly for minority communities, meet extraordinary barriers. In this essay, we identify a number of core issues that constrain the possibilities of investigation and prosecution of CAH committed against persons with disabilities living in the Global South and East. Even though such laws are largely grounded in practices and institutions of the Global North, this essay emphasizes the need to ensure that accountability efforts for CAH perpetrated against persons with disability are rigorous in their design, robust in their application, and recognize the heterogeneity of persons with disability on a global scale.
UR - https://hdl.handle.net/1959.7/uws:63092
M3 - Article
SN - 2398-7723
VL - 116
SP - 74
EP - 78
JO - Ajil Unbound
JF - Ajil Unbound
ER -