MEANINGFUL WORK AND DISABILITY: A DIGNITY TOWARDS SOCIAL INCLUSION

Yeni Rosdianti

National University of Ireland, Galway, Ireland

Abstract : Access to employment is essential for every persons including persons with disabilities. If a meaningful work is enormously important, how does an equality framework advance this in securing access to the labour market? This paper will examine the way in which work is significant for persons with disabilities as

a pathway towards social inclusion. It is apparantly drawn from the concept of dignity, equality and human rights. Accordingly, a substantive equality approach provides a powerful endowment to the fulfilment of the right to work of persons with disability.

Keywords : Access to emplyment, Disabilities, Equality Framework, Human Right

This paper contest the claims of the surrounded. The charity requires voluntary significance on meaningful work for persons

action which means generally depends on with disabilities. It will give an account of the

other persons/community whether she/he wish issue of work, why it is important particularly

to be able to help or not. The charity based to persons with disabilities, and how can a

approach is defined as:

work not only be a means of exiting poverty thereby enhancing autonomy, but also more

Depicts disabled people as victims of

importantly, can result in a broad impact of a

circumstance who are deserving of pity.

social inclusion as a manifestation of human This, along with the medical model, are

the models most used by non-disabled

dignity. It will firstly introduce a general people to define and explain disability. 1 discussion of interlinking disability with the

notion of poverty to reflect a reciprocal The medical approach of disability is an outset causality of the two at which derived from a

of thinking which intent to locate a problem on human rights perspective as a basic construct.

each individual rather than to concentrate on removing barrier, as described as:

1. Disability,

Towards

Establishment of the Rights

The medical model is presented as viewing

Based Approach disability as a problem of the person, directly

caused by disease, trauma, or other health condition which therefore requires sustained

Previously, disability was being dominated

medical care provided in the form of

by the perception of „weakness‟ of persons

individual treatment by professionals. In the

with disability instead of perceiving them on

medical model, management of the disability

an equal basis. A common disability

is aimed at a "cure," or the individual's

understanding point out the charity as a means

adjustment and behavioral change that would

to cope with disability issues due to in most

lead to an "almost-cure" or effective cure. In

cases a presumption of demanding help and

the medical model, medical care is viewed as

more importantly the stigma of disability

the main issue, and at the political level, the

* Corresponding author: Yeni Rosdianti 1 ‘Definitions of The Models of Disability’

y.rosdianti1@nuigalway.ie (Disabled

World,

no date)

Published online at http://IJDS.ub.ac.id/ <http://www.disabled-

ISSN: 2355 – 2158 principal response is that of modifying or

on the social context and environment, (2) reforming healthcare policy. 2 Emphasis on the relationship between the

individual and society, (3) Emphasis on social barriers, (4) Views discrimination, exclusion

The development of the critical point of view on disability go through significant and prejudice as the problem, (5) Ending

changes from previous paradigm of „medical discrimination, segregation and removing barriers is the answer. 5 “ These characteristics

approach‟ (labelled as over-medicalised, at some point are walk hand in hand with the pathological) towards social model of notion of substantive equality model. It is disability. The medical disability approach

considered a disability as a merely medical assuredly compatible in ways of providing the positive/preferential measures as a means of

problem which is most of the time lead to

3 removing barriers that will enable persons social oppression and environmental barriers.

Conversely, the social model of disability

with

to maximise their participation in the society.

disabilities

expand the horizon of equality underlying a paradigm shifting in the way of viewing disabled persons from „object‟ to „subject‟ on

WHO has reassessed the Global Burden of

the basis of social construct of disability 4 . It

Disease for 200-2004, drawing on

builds a new understanding to a wider

availability data source to produce

inclusion of persons with disability into the

estimates

of

incidence, prevalence,

society instead of perceive them as a „medical

severity, duration, and mortality for more

problem‟ as such. It is a landscape of dignity than 130 health conditions for 17

subregions of the world. It estimates that

that should be embedded in each context,

15.3% of the world population (some 978

particularly persons with disability as

million people of the estimated 6.4 billion

disadvantaged groups. Those rights are

in 2004 had „moderate or severe

definitely entitled to everyone equally and

disability‟, while 2.9% or about 185

should be protected and fulfilled. In brief, the

million experienced „severe disability‟.

medical model to some extent limit the

Among those aged 0-14 years, the figure

application of equality in terms of substantive

were 5.1% and 0.7% or 93 million and 13

equality model. It can be said that it limit

million children, respectively. Among

person with disabilities to access their

those 15 years and older, the figures were

advantages and their rights as a right holders 19.4% and 3.8%, or 892 million and 175 million, respectively. 6 equally with others. It was inevitably

influenced by medical model that simply look

a disability as a medical problem.

identifies some Nevertheless, a substantive equality

Dhungana

international organisations which counted the model, on the ground of disability, might more

prevalence of persons with disabilities in the reliant with social model of disability in which

range of 1.5 to 10%. Additionally, in recent both

year some countries attempt to consider a disadvantaged group to widely participating in

notion are

largely considering

census of disability in their national survey the society. Rannveig Traustadottir outlined

they conducted. However all those questions some of the characteristics of Social

are not cover particularly on the decreased Contextual Model of Disability as: “1. Focus 7 utility that might rise. Still there are some

questions remain. It is about an appropriate

2 ibid. 5 Rannveig Traustadottir, ’Disability Studies, the 3 Rannveig Traustadottir, ‘Disability studies, the Social Model and Legal Develompent in ibid 8. Soci al Model and Legal Development’ in Edited

6 World Health Organization and World Bank By Oddnây Mjöll Arnardóttir And Gerard Quinn,

(eds), World Report on Disability (World Health The UN Convention on the Rights of Persons with

Organization 2011) 29.

Disabilities (Martinus

7 World Health Organization and World Bank (n <https://www-dawsonera-

Nijhoff)

https://www.ucl.ac.uk/lc- com.libgate.library.nuigalway.ie/abstract/9789

ccr/centrepublications/workingpapers/WP16_ 004180802>.

Poverty_and_Disability_review.pdf p.19 4 ibid 8.

ISSN: 2355 – 2158

measurements of the survey that had been governments 9 .” Albeit this view was still conducted. It can be considered that there will

affected by previous medical model of

be a biased when, for instance, it comes to disability with respect to body functioning, count disability on the self-reporting method.

however it has initiated to touch on a broader However people may feel ashamed, or

sense of outer circumstances that directly otherwise fear of consequences, to inform that

impact to the participation of persons with member of their family is person with

disabilities in the society. To some extent, this disabilities. More importantly, the exact

is such combining a medical and social model definition of persons with disabilities could be

of disability in perceiving disability as a agreed (referring to the seattle provision) in

diffusion of internal and external issue order to obtain a clear data of persons with

concurrently.

disabilities. In addition to a primary source of international legal instrument of disability, United Nation-

2. Definition of Persons with

Convention on the Rights of Persons with

Disabilities Disabilities (UN-CRPD), nevertheless a

disability is not stated clearly in definition. It is mentioned „a range‟ of disability can be

Previous development on disability taken into account by denoting word „include‟ framework was widely focus on the physical as ”Persons with disabilities include those who appearance of a person in light of body have long-term physical, mental, intellectual function. A medical definition of disability or sensory impairments which in interaction covered an impairement (function limitation) with various barriers may hinder their full and as

recorded in

8 effective participation in society on an equal institutionalisation and medical practice on

basis with others. 10 ” Whereas it is explained in viewing disability which, as a matter of a fact,

t he preamble of the CRPD that „disability is an lead to hindering people to enjoy their social

evolving concept ”

life. It brings about to „common perspective‟ of disability as merely a medical problem

Disability is an evolving concept and that

which lies on individual, not a society. Since a

disability results from the interaction

long period after this approach has been rooted

between persons with impairments and

in (and applying what to called a medical

attitudinal and environmental barriers that

disability model), it raise considerable

hinders

their

full and effective

critiques to move forward the ideas on looking

participation in society on an equal basis

at disability in a social context which

with others

subsequently lead to establishing a social

model of disability. This is an aftermath of disability as an The

evolving concept. Defining disability in a way International Classification of Functioning,

World Health

Organization‟s

of restricted term would exclude further form Disability and Health (ICF) visualized

of disability which might appear in the future disability as “an umbrella term for

otherwise it will not be covered by this impairments,

definition. It is likely provide an extended participation restrictions as a part of a

broader classification scheme covering three

9 An online guide to the ICF is available at

main domains: body functioning and structure,

http://www3.who.int/icf/.

activities and participation, and environmental factors. The interaction of aspects of all three 10 United Nation-Convention on The Rights Persons

of these domains determines individual

welfare and social policy choices facing

http://www.un.org/disabilities/documents/conven tion/convoptprot-e.pdf

11 United Nation-Convention on The Rights Persons

preamble (e) Erving Goffman: Between Discourse in the

8 Ian Hacking, ‘Between Michel Foucault and with

Disabilities,

http://www.un.org/disabilities/documents/conven Abstract and Face-to-Face Interaction: Economy

tion/convoptprot-e.pdf

and Society: Vol 33, No 3’ (2011) 288–289

ISSN: 2355 – 2158

room of upcoming form of disability to date. 12 water. Likewise the UNDP Multidimensional However this “open definition” can also be

Poverty Index (MPI) reveal “about 1.5 billion interpretated in a wide range on different

people in the 102 developing countries situation, which will bear both positive and

currently cover by the MPI, about 29 percent negative side on impact. One one hand it is

of their population live in multidimensional considered as positive when it comes to avoid

poverty taht is, at least 33 percent of the of excluding other form of disability through

indicator reflecting acute deprivayion in extended meaning of disability which could

helath, education and standard of living. And possibly be created. It will enable any type of

close to 900 million people are at risk disability to be regarded. On the other hands,

(vulnarable) to fall into poverty if setbacks concerning collecting data might be regarded 13 occure .”

as negative affect. It can be happened due to a In general, poverty is mostly defined in possibility of different calculation of the

terms of relative or absolute meaning. These numbers of disabled persons in light of

two terms are refer to ability to access the statistical issue which should be measured

livelihood economically as well as socially. based on a luminious detailed definition. There

Instead, it arise a criticism that these two will be a different comentations on who is

concepts are broadly emphasize merely on persons with disability due to varied of 14 income and consumption which is likely

definition interpretation. This is what happen disregard other important factor of social in some countries on concluding the numbers

meaning. It is submitted that the criticism of persons of disability, which vary from one

responded the lack of balanced-social aspect in data to another. Some organization, and even

light of dignity of human being. Behavioral government body hold their own measures of

and social issue in most definitions are disability definition. This various criteria

excluded. Moreover, the notion of dignity in affect on matter on counting the numbers of

underlying economic, social and cultural persons with disabilities. However this data

rights on defining poverty is immensely will govern the policy making arrangements

required. On the whole, dignity as a social and so does disadvantage persons/groups who

aspect of human‟s life should be taken into should have benefit otherwise they will not

account.

receive it (e.g on the policy of social protection, education, health safety net, reasonable accommodation of employment

3.2. Absolute and Relative poverty

service, etc). More importantly, it could also influence to uncover a certain disability form

Despite the discussion about the poverty which would harm persons with disability to

and its relation to the human rights, the view being excluded.

of poverty was also characterized in the case of its level and degree. It took up a poverty

into the two cognitions: Absolute poverty and 15

relative poverty. 3. Disability and Poverty, An Interlink Relation

3.1. 12 Definition of Poverty UNDP (ed), Human Development for Everyone (Human development report 2016, United Nations

United Nation Development Programme

Development Programme 2016) 17.

(UNDP) in 2016 released a Human 13 ‘Multidimensional Poverty Index (MPI) | Human Development Report that mentioned in 2015

Development

Reports’ (2016)

the earth is a home of 7.3 billion of people at

<http://hdr.undp.org/en/content/multidimension

which 1 billion people escaped extreme

al-poverty-index-mpi> accessed 8 May 2017.

poverty, 2.1 billion gained access to improved 14

http://www.unesco.org/new/en/social-and-

sanitation and more that 2.6 billion gained

human-sciences/themes/international-

access to an improved source of drinking

migration/glossary/poverty/

15 Peter Alcock, Understanding Poverty (2nd ed., Macmillan 1997) 68 –69.

ISSN: 2355 – 2158 Absolute poverty measures poverty in

the imbalanced quality of life 19 which by an

relation to the amount of money necessary

inequality is consider tolerable for the sake of

to meet basic needs such as food, clothing,

counting income and consumption as such.

and shelter. The concept of absolute

poverty is not concerned with broader quality of life issues or with the overall

Merriam Webster’s Collegiate

Dictionary stipulating poverty as “the state

level of inequality in society. The concept

therefore fails to recognise that individuals

of one who lacks a usual or socially

have important social and cultural needs.

acceptable amount of money or material

This, and similar criticisms, led to the

possessions .” Poverty is exist when people

development of the concept of relative

lack the means to satisfy their basic needs. In

poverty. Relative poverty defines poverty

this context, the identification of poor people

in relation to the economic status of other

first requires a determination of what

members of the society: people are poor if

constitutes as basic needs. These can be

they fall below prevailing standards of

16 defined as narrowly as „those necessary for living in a given societal context. survival‟ or as broadly as “those reflecting the

prevailing standard of living in the Absolute poverty is asserted as “an

community .” The first criterion cover only objective, even a scientific definition, and it is

those people near the borderline of starvation based on the notion of subsistence. Subsistence

or death from exposure; the second would is the minimum needed to sustain life, and so

extend to people whose nutrition, housing, and being below subsitence level is to be

clothing, though adequate to preserve life, do experiencing absolute poverty because one

17 does not have enough to live on”. not measure up to those of the population as a

whole.” 20

Meanwhile another poverty terms which can

be called from its label, a relative poverty, is Similar views have been expressed by more liquid and comparable:

Business Dictionary which defines Poverty in

Relative poverty is more subjective or

two terms absolute poverty and relative

social standard in that it explicity

poverty which much heavily on the

„economic‟ instead of social and cultural judgement is involved in determining 21 measures.

poverty levels, although as we shall see the question of whose judgement this

According

to the Universal

should be is a controversial one.

Declaration of Human Rights (UDHR) 1948,

Judgement is required because a relative

Everyone has the right to standard of living

definition of poverty is based on a

adequate for the health and well-being of

comparison between the standard of living

himself and of his family, including food,

of the poor and the standard of living other

member of society who are not poor,

clothing, housing and medical care The

usually involving some measure of the average standard of the whole of society

18 19 http://www.unesco.org/new/en/social-and-

in which poverty is being studied.

human-sciences/themes/international- migration/glossary/poverty/

The thought of absolute and relative

poverty which overriding the social and

cultural aspects, to some extent, may lead to

http://academic.eb.com/EBchecked/topic/473136 /poverty

16 http://www.unesco.org/new/en/social-and- http://www.businessdictionary.com/definition/po human-sciences/themes/international-

verty.html

migration/glossary/poverty/ 22 Article 25 of ‘The Universal Declaration of

ns’ (1948) Alcock (n 16) 68.

Human Rights

United Natio

<http://www.un.org/en/universal-declaration- 18 ibid 69.

human-rights/> accessed 9 June 2016.

ISSN: 2355 – 2158

standars of living as mentioned by the 29 human rights. This classification of poverty decralation were engaged with a fulfilment of

is mostly tend to describe what a poverty is. It those rights to prevent a certain condition of

will be used to measure a poverty and below stardard which much possibly lead to

therefore to overcome the social problem of poverty. Moreover the Declaration highligted

poverty.

that everyone is entitled to those rights and freedom 23 by all means the minimum core

3.3. Disability and Poverty

contents of rights should be enjoyed by human being to live in dignity. This obligation to

Poverty and disability are linked one another. Poverty may increase the risk of

respect and fulfill of the rights must be represented by the State party to “recognize 30 disability due to lack of access to the human the right of everyone of an adequate standard

rights (such as the right to health) which of living for himself and his family, including

might lead to disability. Poor health condition adequate food, clothing and housing, and to

is one of the reason why people eventually get the continues improvement of living

their disability. It can be noted out disability condition 24 The need and the rights to

.” prevalence mostly higher in the place of poor achieve basic standard of living can be

situation of health relatively than in some considered as „freedom from severe poverty‟ 25 .

other place where a better health services Additionally severe poverty is categorized as a

provided.

human rights violation 26

A study of 56 developing countries found

Discourse on poverty in the economic

that the poor experienced worse health

social and cultural issue particularly on than the better off. Poverty may lead to the

onset of health conditions associated with

regards of violation of human rights is still

disability including through: low birth

debated during the time. In one view poverty

weight, malnutrition, lack of clean water

can be classified as violation of human rights

27 or adequate sanitation, unsafe work and

in a moral basis. Whereby a comprehensive

living conditions, and injuries. Poverty

view is needed to perceive a poverty in a big

may increase the likelihood that a person

pic ture of state affair and even „poverty is an

with an existing health condition becomes

indicator of injustice‟ 28 While on the other

disabled, for example, by inaccessible

one, the view of human rights debate still on

environment or lack of access to

the standpoints of civil and political rights

appropriate health and rehabilitation

which heavily looking on the violation in tems

service.

of genocide and other gross violation of

Alongside a disability could also bring out a poverty. The latter is very familiar, that because of disability, people are more tend to

be discriminated in accessing their rights.

23 Article 22 of ibid.

They often suffer a discrimination, for Article 11.1 of ‘International Covenant on example, to access their right to education

Economic, Social and Cultural Rights’ (1966)

which subsequently affect to the right to work.

<http://www.ohchr.org/EN/ProfessionalInterest/P

This situation affect difficulties of persons

ages/CESCR.aspx> accessed 9 June 2016.

with disabilities to access an employment.

25 Severe Poverty as a Human Rights Violation,

They are became more likely to be

Thomas Pogge in Thomas Winfried Menko

unemployed 32 These inaccessible rights will

Pogge and Unesco, Freedom from Poverty as a

inevitably impact persons with disability into

an economic issues which force to a poverty. and Cultural Organization ; Oxford ; New York

Human Right: Who Owes What to the Very Poor? (1st pub., United Nations Educational, Scientific,

26 ibid. 29 Neglected Injustice: Poverty as a Violation of 27 Poverty as a violation of human rights:

Social Autonomy, Regina Kreide in ibid 155. Inhumanity or Injustice? Tom Campbell, in ibid

30 World Health Organization and World Bank (n 55.

28 Neglected Injustice: Poverty as a Violation of

31 ibid.

Social Autonomy, Regina Kreide in ibid 156. 32 ibid.

ISSN: 2355 – 2158

It is mentioned by the Convention on

Africa, and Asia revealing significantly

Persons with Disabilities (CRPD) to end

worse economic well-being in 14 out of

poverty through a sustainable development.

15 countries studies. This study also

The next global development partnership to

showed significantly higher rates of

eradicate poverty and transform economies

multidimensional poverty in 11 countries, meaning that persons with disabilities are

through sustainable development must ensure

more likely to have fewer assets, less

that all groups that are routinely left out due to

capacity to spend, and worse utilities in

income, gender, ethnicity and disability are

their homes 36

included. All universal goals and national

targets to end poverty, empower women and girls, achieve universal access to water and

3.4. The Importance of Work to Exiting

sanitation, health, education and sustainable

Poverty

livelihoods must be inclusive of, and accessible to, people with disabilities. 33 The State has a broad mandate to promote

social justice and eradication of poverty by Organisation (WHO) Report on Disability

providing decent works. It is a compulsary to 2011 highlighted Disability is a development

take appropriate measures to ensure the equal issue, because of its bidirectional link to

rights applied to disadvantaged groups, poverty: “disability may increase the risk of

particularly person with disability. poverty, and poverty may increase the risk of

disability. A growing body of empirical

The experiences of disabled people may

evidence from across the world indicates that

be useful to highlight features and trends

people with disabilities and their families are

of economic restructuring and a so-called New Economy. They are perspectives that

more likely to experience economic and social

may illuminate

the problems and

disadvantage than those without disability.

paradoxes of work organized for the

The onset to disability may lead to worsen

“disembodied”

or “unencumbered”

social and economic well-being and poverty

worker, precisely because it is often quite

through a multitude of channels including the

difficult, given the obduracy of the body,

adverse impact on education, employment,

to think of disabled people in these terms.

earnings, and increased expenditures related to

And, despite trends toward a focus on

disability. 34 ”

social barriers, the insistent cultural focus

As reported by World Health Organisation and

on the individual and the impairment

the World Bank Bank: continues to be a part of the dominant

disability discourse, making the context At

and processes of employment invisible. prevalence is highest in the poorest

every income

level,

disability

But, from the stand-points of disabled income

workers, we can see that the way work is

diminish until it becomes lowest in the 37 organized is a problem. richest inc 35 ome quintile.”

A survey-based

study of 27 high income countries showed

Such measures can be expected to

that persons with disabilities are more

help breaking off the circle of poverty and

likely to live under the poverty threshold

disability. Enabling person with a disability to

in 24 of these countries. These result have

easily access the right to work thus allowing

been replicated in in low and middle –

them being breadwinner in the family. It

income countries, with a study of

means valuing them to fulfill their needs

countries in sub-Saharan Africa, Latin

where they can paying their commonly big expenditure

(being

disabled person).

33 UN Convention on the Rights of Persons with

Protecting the rights to work of persons with

Disabilities 34 – Article 32 World Health Organization and World Bank (n

36 ibid.

7). 37 Rannveig Traustadóttir, Work, Disability, and Social Inclusion: The Promise and Problematics of

35 World Health Organization and World Bank EU Disability Policy, in Marjorie L DeVault (ed), (eds), World Report on Disability (World Health

People at Work: Life, Power, and Social Inclusion in Organization 2011).

the New Economy (NYU Press 2008) 89.

ISSN: 2355 – 2158

disability not only impact to their livelihood rather otherwise the job can be adjusted to but also would significantly influence an

particular worker situation. The latter would improved

encourage appropriate adjustment of the cumulative income will affect positively on

environment in accommodating different Gross Domestic Product (GDP) which is

situation which faced by worker. In the estimated to amount of 5% and 7% of given a

context of disability it would be an

country GDP. 41 advantageous values of equalit as an advancement of the disadvantaged groups in

A work of persons with disability, as removing barriers. Merit as such endanger the much as its importance to others, would give

goals of inclusive society due to limitations of them a life (in an economic term to cover their

each individuals which might exist. Some basic needs to life hence they can live

adjustments in light of substantive equality independently) as well as a dignity in which

should be made to confer the equal they feel this work can fulfill their the essence

opportunity to persons with disabilities as of human being and to be included in the

disadvantaged group. Thus there should be a society. With rin terms of disability, whereby

social structures and cultures that enable they

persons with disabilities to participate in the discrimination during their life, the later 42 society to the fullest. All relevant actors

have been

experiencing

the

importance meaning of a work of dignity is should play their roles to take measures on more likely being felt in the sense of a social

“restructuring the social institutions, resulting inclusion. It would give a secure feeling as

in proactive structural change, while comfortably impression worth of a human

acknowledging the social contextual causes of being who will no more being discriminated 43 inequality”

particularly due to their disability. This principle requires acknowledging Einat Albin seeks to determine four

social structures and cultures as creating

principles underlying the right to work of

and shaping peoples‟s ability to participate

persons with disability which are drawn from

meaningfully in the work domain and on

Nussbaum‟s theory in ways of The structural- their possibilities on achieving adequate

labour conditions. Emphasis is placed on

institutional equality, Individual freedom,

39 asymmetrical

structures of powers,

Inclusion, and State responsibility. previleges and disadvantages. The structural-institutional equality principle

3.4.1. The

Structural –institutional

also acknowledges the particular attention

equality principle draws on the

that should be given to job requirements,

social context of disability

merits,

and

the perception of

productivity. 44

This perspective

depart

from

Fredman‟s insight that “merit can incorporate

3.4.2. Principles of Individual Freedom;

as the very discrimination they purport to

eliminate ” to its effect when considering a

Achieving this freedom requires an

individualistic outlook on persons.

merit is a tool for an individual to fit the job

38 ‘Goodpractices-GB-2coul-Goodpractices-GB-

2coul.PDF’<http://www.handicap- 41 Sandra Fredman, Disability Equality and the international.org/uploads/media/goodpractices-

Existing Paradigm, in ibid.

Einat Albin, ‘Universalising the Rights to Work Einat Albin, ‘Universalising the Rights to Work of of Persons with Disabilities: An Equality and Persons with Disabilities: An Equality and Dignity

GB-2coul.PDF.

Dignity Based Approach. ’ in Mantouvalou (n 40) Based Approach.’ in Virginia Mantouvalou (ed),

The Right to Work: Legal and Philosophical 43 to restructure the social instituions, resulting in Perspectives (Bloomsbury Publishing 2015) 75.

proactive structural change, while acknowledging 40 Sandra Fredman, Disability Equality and the the social contextual causes of inequality ibid. Existing Paradigm, in Anna Lawson and Caroline 44 Einat Albin, ‘Universalising the Rights to Work of

Gooding, Disability Rights in Eu rope : From Theory Persons with Disabilities: An Equality and Dignity to Practice (Hart 2005) 204. Based Approach.’ in ibid.

ISSN: 2355 – 2158

It is drawn from Amartya Sen who perceived the development of capabilities so that a that promoting capabilities is a means of

person can, if he or she desires, be fully

furthering freedom. 47 engaged in work. Nussbaum proposed this view of inclusion in light of humanity. It is

According to this approach, persons are

also highlight the robust state‟s roles to

entitled to the set of capabilities regardless of

promote a development of capabilities (as to

any criteria, such as productivity or

prompting equality of persons with

participation in the workforce, in order to

disabilities) as mentioned previously in the

provide them with basic freedom. As both

structural-institutional landscape. Thus the

critical disability studies and Nussbaum stress, this understanding is not based on withdrawing

capabilities can be largely endorsed by the

to the medical model. Its aim is to provide a

state to enabling the environment to well-

basis of capabilities that will enable a person to

engage with the society.

fully participate in society, without denying, at the same time, the provision of care and other

Inclusion exist due to one‟s humanity and is forms of social support in order to achieve

completed with the realization of capabilities, capabilities. In very rare cases, as Nussbaum

contributions, productivity and functioning; suggests, such an understanding will merely

rather, it exist despite them. Nussbaum does enable functioning. Thi s idea furthers one‟s

not necessitate an outcome of engagement in dignity. 46 the labour market for a person to be seen as

included. On the one hand, it does place Therefore in this perspective a criteria

emphasis

on

changing the structural-

would be no longer the only aspect to define institutional framework, and sees the state as productivity nor participation. A basic responsible for promoting the equality of

persons with disabilities. On the other hand,

freedom as derived from a worth notion of

however, it acknowledges that a person should

dignity, attempt to overcome the barriers of

be considered included in society even if he or

participation as affected by medical model

she is not fully productive or even decides to

approach. This perception believe that one‟s remain outside the paying labour market. 48 ” capabilities is not as what as set out in mind.

Capabilities can broadly amplified by In brief, inclusion in the view of providing a proper support to enable person to

Nussbaum‟s requires state‟s role to enabling fully participate in the society. For example,

the development of capabilities in light with blind person cannot be assessed as “not having

equality, not merely a capabilities that has to capabilities to work formally.” Rather it is

be fulfilled without any adjustment. simply to provide some adjustments to enable

Discussing a social inclusion to this end is them to participate come along with their

attribute to the goal of equality and non- limitation, such as provide braille, access to

discrimination. Benefitting the disadvantaged workplace, conducive work circumstances,

group can be a major view of this notion. It is etc.

aimed a social inclusion in a society. At this point social inclusion recognized as a modern

sociological concept with ancient roots 49

which had been discussed for ages. It is a concept that clearly applies to According to Nussbaum regarding the

3.4.3. Social Inclusion

relationships between the privileged and right to work, “inclusion within society does

disadvantaged, between those set apart by not necessarily require that ultimately a

differences or perceived differences, whether person will be part of the labour market; it

occurring on a community level, more only requires that the state invests in enabling

47 Einat Albin, Universalising the Right to Work

of Persons with Disabilities: An Equality and 45

Amartya Sen, Development as Freedom (Oxford Dignity Based Approach, in ibid. University Press 1999).

Einat Albin, Universalising the Right to Work Einat Albin, ‘Universalising the Rights to Work

of Persons with Disabilities: An Equality and of Persons with Disabilities: An Equality and

Dignity Based Approach, in ibid. Dignity Based Approach. ’ in Mantouvalou (n 40)

49 Kerry O’Halloran, Charity Law and Social 76.

Inclusion (Routledge 2006) 37 –38.

ISSN: 2355 – 2158

generally between groups within a society or practical and effective measures towards a

between nations 58 fairer society”

Nevertheless, social inclusion is contrary Terminology of social inclusion is remarkable with social exclusion although it can not

to the discussion in particular persons with simply be said as an antitheses as such, but

disability, regardless of its interchangeably rather exceed it 51 . In addition, according to meaning with others terminology such as

Departement of Trade and Industry, towards social interaction, social network, social Equality and Diversity; Implementeing the

capital, community participation, independent Employment and Race Directives, consultation 59 living, and a sense of belonging

Document http://www.dti.gov.uk/er (2001) para 1.2.) 52 that „discrimination usually Duggan and Linehan (2013) argued that

amounts to exclusion in some forms‟ the concept of social inclusion has become reasonable due to discrimination-experience interchangeable with independent living.

53 is

Broad definition of social inclusion

suffered by disadvantaged group who are

include independent living within the

likely a minority group in the society. Arising

scope of the definition (Hall, 2009; Power,

out of this, a social inclusion can be illustrated

1023). Quinn and Doyle argued that

as:

independent living and social inclusion are interrelated and that the Convention on

A shorthand label for what can happen The Rights of Persons with Disabilities when individuals or areas suffer from a

promotes independent living through combination of linked problems such as

„enhancing social connectedness‟ (2012, unemployment, poor skills, low incomes,

p.15). 60

poor housing, high crime environments,

bad health and family breakdown. 54 In the same way enhancing social inclusion is pivotal piece to promote an

Likewise a situation whereby an independent living for person with disabilities. individual can not fully participate to the

In terms of the work, a social inclusion can society due to any reasons beyond his/her

55 best describe how persons with disability are control is called a social exclusion The area

valuable part of the society therefore of social inclusion versus exclusion discourse

conferring their right to work is a means to is inevitably within the relation of majority

fulfill their human rights towards an and minorty in the society that might be

independent living equally. „creating a sense of distance between those in

One of the most significant current arginalized‟ Social inclusion will then challenge on life of persons with disabilities construct a society in which differences has to

mainstream society

lies mostly on the accessibility. The

57 accessibility can be viewed as “the right to social diversity

be respected, with reference to this a valued

Social inclusion is also participate equally in ways that are not discussed in the context of politics and

physical or mental democracy in which conferring a social

constrained

by

limitations 61 .“ Most importantly, participating inclusion is part of ways on developing “a

equally among the society is not only to achieve economic advantage but also to point

ibid.

Hugh Collins, Discrimination, Equality and 59 ‘Defining Social Inclusion of People with Social Inclusion, in Kathy Daly Griffith,

Intellectual and Developmental Disabilities: An ‘Restorative Justice and Responsive Regulation’

Ecological Model of Social Networks and (2003) 36 Aust N Z J Criminol 109, 21 –22.

Community Participation - S-Clifforddefining- 53 Hugh Collins, Discrimination, Equality and

60 Inclusionridd.pdf’ (no date) 21. Social Inclusion, in ibid.

Kerry O’Halloran (n 50) 40–41. 61 Paul T Jaeger and Cynthia Ann Bowman, 55 ibid.

Disability: Inclusion, Access, 56 ibid.

Understanding

Diversity, and Civil Rights (Greenwood Publishing 57 ibid.

Group 2005) 63.

ISSN: 2355 – 2158

a social inclusion as the heart of equality as an

responsibility on capabilities ultimately

aim of principle of justice. 65 means limited responsibility.

Nussbaum also denoted capabilities

Inclusion exist due to one‟s humanity and

theory to acknowledge the roles of state to

is completed with the realization of

enhance equality persons with disabilities to

capabilities, contributions, productivity

face “historical disadvantages to pose a

and functioning; rather, it exist despite

broader duty on the state with the aim of

them. Hence regarding the right to work,

achieving equality.” The importance of the

inclusion within

necessarily require that ultimately a

right to work of persons with disabilities, as

person will be part of the labour market; it

mentioned above, should be more emphasized

only require that the state invests in

in terms of removing barriers due to

enabling the development of capabilities

discrimination they experienced (historical

so that a person can, if he or she desires,

63 disadvantages).

be fully engaged in work .

4. Disability and Dignity

This perspective of inclusion of Nussbaum draw the attention to the state

4.1. Dignity

obligation to enabling development of capabilities hence persons with disabilities can

Historically, The original latin term of fully participate in the society. On account of

„dignitas hominis‟ (dignity of man) was set up this, a state obligation is imagined play a

to assert favor of inherent human pivotal role to enabling capability‟s

characteristics as „worthiness, the outer aspect development of individuals in the society.

of a person‟s social role which evokes respect, Through this state obligation of development,

and embodies the charisma and the esteem

a state can promote a capability of individuals 67 presiding in office, rank or personality‟ to overcome exclusion on the work arena due

which was formed by Panaetus of Rhodes and to the limitation one‟s has.

Marcus Tullius Cicero in Rome in the second/first century BCE 68 This term was

3.4.4. State Responsibility

brought out by Renaissance Philosophers along with jurist and politicians to set up a

A state responsibility as seen in the natural law making in the 16th and 17th landscape of structural-institutional is remain

centuries. This is subsequently most likely crucial. Nussbaum again pointed that the role

64 inspired the American and French declaration of state to promote citizen‟s capabilities.

of human rights. 69

A credo of the French revolution, the „Declaration des droits de

Viewing the right to work through this

l‟homme et du citoyen‟ became permeated as a

lens places a responsilbility on state not

only to refrain from interfering on 65 subjects‟s freedom of occupation, but Einat Albin, Universalising the Right to Work of mainly Persons with Disabilities: An Equality and Dignity to provide employment, opportunities

Based Approach, in ibid.

training. It is also obliges to secure equal Einat Albin, Universalising the Right to Work of prospect for dignified work. Basing state

Persons with Disabilities: An Equality and Dignity Based Approach, in ibid.

67 Hubert Cancik, ‘Dignity of Man’ and ‘Persona’ in Stoic Anthropology: Some Remarks on Cicero, De

Officiis I 105-107, in David Kretzmer and Eckart

62 Hugh Collins, Discrimination, Equality and Social Klein, The Concept of Human Dignity in Human Inclusion, in Griffith (n 53) restorative.

Rights Discourse (London 2002) 19. 63 Einat Albin, Universalising the Right to Work of

68 Hubert Cancik, ‘Dignity of Man’ and ‘Persona’ in Persons with Disabilities: An Equality and Dignity

Stoic Anthropology: Some Remarks on Cicero, De Based Approach, in Mantouvalou (n 40) 76.

Officiis I 105-107, in ibid.

Einat Albin, Universalising the Right to Work of 69 Hubert Cancik, ‘Dignity of Man’ and ‘Persona’ in Persons with Disabilities: An Equality and Dignity

Stoic Anthropology: Some Remarks on Cicero, De Based Approach, in ibid.

Officiis I 105-107, in ibid.

ISSN: 2355 – 2158

model to most of the revolutianary movements

such as liberty, self-determination and

all over the world. 70 It is also believed that the

equality, while being the paramount value,

Universal Declaration of Human Rights was

which in its inalienability and inviolability

eventually inspired by the ideas of dignity of

is at the source of an extended value

previous „dignitas hominis‟ as spread into the system that has the capacity to project an assembly of constitutional values. 75

revolutianary movements in the 18th century.

Its reference of „dignity‟ is one of the most

From Preamble of the Universal

significant differences

between

the

Declaration we can draw the essential concept

Universal Declaration of the Human

of dignity of human being which is clearly

Rights and the „classic‟ Declarations of

explained in terms of protected equal rights, as

the late 18 th century. Although the concept

following:

of dignitas hominis was dealt with in philosophical essays and although it was a

Whereas recognition of the inherent key term in Kant‟s philosophy of freedom,

dignity and of the equal and inalienable there was no systematic reference to

rights of all members of the human family human dignity in legal language until the

is the foundation of freedom, justice and 1940s. 71 peace in the world, Whereas disregard and

contempt for human rights have resulted

Further, Klaus Dicke argue that

in barbarous acts which have outraged the

legitimizing function of human dignity is

conscience of mankind […] whereas it is

critical in nature rather than only as remain

essential, if man is not to be compelled to

stated formally in the Declaration as a

have recourse, as a last resort, to rebellion against tyranny and oppression, that

trancendental norm as such. It will always

human rights should be protected by the

depend on the (human) rights that limited on

rule of law. 76

the list of the declaration as well as the instruments of human rights which will be

The Universal Declaration of 1948 developed later. However the dignity should

refers to „dignity‟ in five places: twice in the