It is also about health: an analysis of the CRPD Committee practice in light of southern epistemologies

Detta är en Master-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The right to health for persons with disabilities in the global South is far from being realized. The 2011 World Report on Disability suggests that the majority of persons with disabilities live in low- and middle-income countries. Further studies suggest that around 80% of persons with disabilities in global South countries report poor health. With this in mind, this thesis will focus on the right to health for persons with disabilities, particularly in global South contexts. Based on disability studies from a global South perspective, integrating empirical and quantitative studies conducted in global South countries, this thesis investigates selected CRPD Committee communications with State parties. The focus is on how the CRPD Committee conducts its recommendations on the provision of health care, the provision of training to health professionals and the prevention of primary impairments. In relation to the provision of health care, laid down in Article 25 (a) of the CRPD, this thesis is focused on two entwined aspects, namely the availability and the accessibility of health care. In the analysis of the CRPD Committee practice, this study found indications that the Committee does not mention these two dimensions separately in a considerable number of Concluding Observations on State reports. It was also found that the Committee did not clearly delineate what aspect(s) of the provision of health care its referring to, which can be problematic because the purpose of these documents is to guide States in their implementation of the Convention. The provision of training to health care professionals under Article 25 (b) and (d) of the CRPD has two differential aspects, referred to as ‘know-how’ and ‘value-proofing’. Under this context, this thesis analyse the instances in which the CRPD Committee addresses these aspects. In the findings, there were indications that the Committee paid particular focus on the ‘value-proofing’ aspect in its communication with State parties. Finally, based on southern disability studies that problematize the creation of impairment in the global South, this thesis analysed how the CRPD Committee communicates the prevention of primary impairments. In the findings, this thesis indicated that the CRPD Committee chide actions that aim at the prevention of primary impairments. In light of southern disability studies, this thesis argues that the CRPD Committee should be more willing to engage in and face up to the matter of prevention of primary impairments, because particularly in the Global South, poverty, poor health and disability cannot be separately considered.

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