Add wos sample results library
This commit is contained in:
parent
6305e61d1f
commit
19e409ad85
2173 changed files with 235628 additions and 20 deletions
|
|
@ -0,0 +1,266 @@
|
|||
abstract: 'According to the World Bank (WB), the Federal Republic of Somalia
|
||||
|
||||
population is estimated in 2020 at a total of 15 893.13 inhabitants.
|
||||
|
||||
According to the 2020-2023 roadmap of the Ministry of the Promotion of
|
||||
|
||||
Women and Human Rights, the percentage of people with disabilities in
|
||||
|
||||
Somalia is over 15 per cent of the total population. The Federal
|
||||
|
||||
Republic of Somalia does not provide information on common forms of
|
||||
|
||||
disability; there are still no databases due to the lack of a census.
|
||||
|
||||
Somalia signed and ratified the United Nations Convention on the Rights
|
||||
|
||||
of Persons with Disabilities (CRPD) on 2 October 2018 and 6 August 2019
|
||||
|
||||
respectively. It did not sign and ratify the Optional Protocol, however.
|
||||
|
||||
The Federal Republic of Somalia has not submitted any report, although
|
||||
|
||||
it was due in September 2021. The reasons for the delay may be related
|
||||
|
||||
to the Covid-19 pandemic.
|
||||
|
||||
According to article 35 of the 2012 Constitution of Somalia,
|
||||
|
||||
international agreements apply directly in domestic courts, which is the
|
||||
|
||||
monist approach to international laws. The ratification of the CRPD
|
||||
|
||||
meant its incorporation into the legislation of Somalia; the Law N
|
||||
|
||||
degrees 134 creating the National Disability Agency (NDA) was
|
||||
|
||||
promulgated in December 2018 and the Disability Bill drafted in 2019.
|
||||
|
||||
The Constitution of Somalia contains provisions directly relating to
|
||||
|
||||
persons with disabilities. According article 11 there is an equality
|
||||
|
||||
between all citizens independently of their gender, religion (.)
|
||||
|
||||
disability. No person shall be discriminated against based on (.)
|
||||
|
||||
disability. In addition, the Constitution indirectly addresses
|
||||
|
||||
disabilities through its article 12 which states that it is the State''s
|
||||
|
||||
responsibility to ensure that it does not violate rights through its
|
||||
|
||||
actions, and makes reasonable decisions to protect the rights of any
|
||||
|
||||
person from abuse by others. Furthermore, article 13 states that
|
||||
|
||||
everyone has the right to life, and article 27 provides for
|
||||
|
||||
socioeconomic rights such as a right to care. No one can be deprived of
|
||||
|
||||
urgent care whatever the reason, including the lack of economic means.
|
||||
|
||||
Somalia has numerous pieces of legislation that directly addresses
|
||||
|
||||
disability. The key ones are:
|
||||
|
||||
center dot Law 134 of 31 December 2018 creating the National Agency for
|
||||
|
||||
Persons with Disabilities which is `mandated under paragraph 5(2)(e) to
|
||||
|
||||
oversee the delivery of services, including social services for persons
|
||||
|
||||
with disabilities''.
|
||||
|
||||
center dot Article 2 of the Provisional Constitution sets out 14 grounds
|
||||
|
||||
of discrimination including disability.
|
||||
|
||||
center dot Article 27(5) recognises that persons with disabilities who
|
||||
|
||||
have long suffered from discrimination must have the necessary support
|
||||
|
||||
to realise their socio-economic rights.
|
||||
|
||||
center dot The Ministry of Women and Human Rights drafted a disability
|
||||
|
||||
law. This law is in its final phase of public consultation. Participants
|
||||
|
||||
in this consultation process included persons with disabilities,
|
||||
|
||||
representatives of civil society organisations and the Somali Bar
|
||||
|
||||
Association.
|
||||
|
||||
We did not find any case law in Somalia. However, the policies that
|
||||
|
||||
directly address persons with disabilities are: center dot Roadmap
|
||||
|
||||
2020-2023 - Persons with disabilities and disability rights in Somalia.
|
||||
|
||||
Following an audit on the implementation of a first roadmap, 2017-2019,
|
||||
|
||||
this programme develops new issues, not foreseen in the previous one.
|
||||
|
||||
center dot Development of a national social protection policy by the
|
||||
|
||||
Ministry of Labour and Social Affairs (18 July 2019). Its implementation
|
||||
|
||||
(17 September 2019) aimed at establishing an inclusive social protection
|
||||
|
||||
system that meets the needs of employable people with disabilities, to
|
||||
|
||||
combat poverty and social exclusion. Social service programmes are thus
|
||||
|
||||
planned and will consider existing policies, rights stipulated in the
|
||||
|
||||
Constitution and laws.
|
||||
|
||||
center dot Better protection and management of people with mental and
|
||||
|
||||
mental disabilities: a) In response to allegations of mistreatment of
|
||||
|
||||
these persons, the Government launches criminal investigations into the
|
||||
|
||||
private institutions in charge of these persons with disabilities. The
|
||||
|
||||
National Disability Agency will now be responsible for monitoring their
|
||||
|
||||
living conditions. b) Creation of a toll-free telephone number for
|
||||
|
||||
reporting abuse of persons with disabilities. c) Provision of legal
|
||||
|
||||
defense for persons with mental and mental disabilities, by the Penal
|
||||
|
||||
Code.
|
||||
|
||||
Other than ordinary courts or tribunals, the Federal Republic of Somalia
|
||||
|
||||
has an official body that specifically addresses the violation of the
|
||||
|
||||
rights of persons with disabilities; the National Disability Agency
|
||||
|
||||
whose role is to file a criminal complaint against any public and
|
||||
|
||||
private entity that violates the rights of people with disabilities.
|
||||
|
||||
Somalia has a National Human Rights Commission (NHRC). Its mandate
|
||||
|
||||
includes the protection of disability rights. The NHRC has a broad
|
||||
|
||||
mandate that includes monitoring the human rights situation in Somalia,
|
||||
|
||||
investigating human rights violations, including torture or cruel,
|
||||
|
||||
inhuman, or degrading treatment or punishment, and an advisory mission
|
||||
|
||||
to the Government on the integration of human rights into legislation
|
||||
|
||||
and policies. There are numerous organisations that represent and
|
||||
|
||||
advocate for the rights and welfare of persons with disabilities in
|
||||
|
||||
Somalia. These include Somali Union for the Blind (SUB), Somali
|
||||
|
||||
Disability Empowerment Organization (SODEN), SAFDI Somalia Association
|
||||
|
||||
Female Disability, Somali Women Development Centre (SWDC), Somali
|
||||
|
||||
National Association for the Deaf (SONAD). These organisations
|
||||
|
||||
contribute to the promotion of disability rights through
|
||||
|
||||
awareness-raising. To improve their efficiency, they need to organise
|
||||
|
||||
themselves in a national federation and improve their capacity through
|
||||
|
||||
training including on disability and financial subventions. In the
|
||||
|
||||
Federal Republic of Somalia, the Ministry of the Promotion of Women and
|
||||
|
||||
Human Rights is initiated a comprehensive process to allow Somalia to
|
||||
|
||||
overcome its delay in reporting to conventional bodies, due to the
|
||||
|
||||
country''s protracted civil war. The Ministry for the Promotion of Women
|
||||
|
||||
and Human Rights and other line ministries are working on comprehensive
|
||||
|
||||
legislation and policies for the protection of people with mental
|
||||
|
||||
disabilities. The NDA (Law 134 of 31 December 2018) is responsible for
|
||||
|
||||
removing barriers faced by persons with disabilities, holding the
|
||||
|
||||
Government accountable for the protection of the rights of persons with
|
||||
|
||||
disabilities, and ensuring the effective participation of persons with
|
||||
|
||||
disabilities in all aspects of society; notably in the areas of
|
||||
|
||||
governance and development.
|
||||
|
||||
People with mental disabilities are very often victims of ill-treatment
|
||||
|
||||
in private and public institutions. In view of the increasing number of
|
||||
|
||||
allegations of ill-treatment, the State has launched criminal
|
||||
|
||||
investigations against these institutions. The NDA is now responsible
|
||||
|
||||
for monitoring the living conditions of these people with disabilities.
|
||||
|
||||
In addition, a free telephone number has been created to report any
|
||||
|
||||
mistreatment against them. Finally, persons with a mental disability now
|
||||
|
||||
have a specific legal defense under the Criminal Code. A person who
|
||||
|
||||
`does not possess the capacity for understanding and willpower'' at the
|
||||
|
||||
time of the commission of an offence should not be punished for an act
|
||||
|
||||
constituting a crime. As a result, these individuals are not detained
|
||||
|
||||
for offences committed because they are not found guilty. Although there
|
||||
|
||||
are some good laws to foster disability rights, it is imperative that
|
||||
|
||||
they are implemented if they are to make a difference in the protection
|
||||
|
||||
of disability rights. A special attention should be called for women,
|
||||
|
||||
girls, children as well as elderly people with disabilities. Moreover,
|
||||
|
||||
the Federal Republic of Somalia has a duty to carry out a census of its
|
||||
|
||||
population in general and of the population with disabilities in order
|
||||
|
||||
to obtain precise data broken down by age, sex, region, and category of
|
||||
|
||||
disability.'
|
||||
affiliation: 'Severin, M (Corresponding Author), Sci Po Bordeaux, LAM, Bordeaux, France.
|
||||
|
||||
Severin, Marianne, Sci Po Bordeaux, LAM, Bordeaux, France.'
|
||||
author: Severin, Marianne
|
||||
author_list:
|
||||
- family: Severin
|
||||
given: Marianne
|
||||
da: '2023-09-28'
|
||||
files: []
|
||||
issn: 2311-8970
|
||||
journal: AFRICAN DISABILITY RIGHTS YEARBOOK
|
||||
language: French
|
||||
number-of-cited-references: '25'
|
||||
pages: 202-228
|
||||
papis_id: ee1fe96393dab0c63a787823b71e300b
|
||||
ref: Severin2022federalrepublic
|
||||
times-cited: '0'
|
||||
title: FEDERAL REPUBLIC OF SOMALILAND
|
||||
type: Article
|
||||
unique-id: WOS:000964889700010
|
||||
usage-count-last-180-days: '1'
|
||||
usage-count-since-2013: '1'
|
||||
volume: '10'
|
||||
web-of-science-categories: Law
|
||||
year: '2022'
|
||||
Loading…
Add table
Add a link
Reference in a new issue