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
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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.
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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.
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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.
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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.
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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