Browsing by Subject "access to public services"
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    Access to Justice for Persons with Disabilities in Kenya: from Principles to Practice
    (Global Campus of Human Rights, 2020) Macharia, Wilson ; Mezmur, Benyam Dawit ; Mutambasere, Susan
    Approximately 15% of the world’s population experience a form of disability, with a significant number of them experiencing a severe disability. According to the 2019 Kenya Population and Housing Census, about 2.2% of all Kenyans have a form of disability; with the most prevalent types of disabilities being mobility-related. These persons with disabilities face disproportionate marginalisation, which results in broad ranging restrictions on their full and effective participation in society. This marginalisation is further exacerbated by social, structural and legal barriers which impede their access to justice, a fundamental right, and a prerequisite for the realisation of other rights guaranteed across local and international human rights instruments. The international community has shifted towards a human rights approach which is aimed at enhancing effective participation of persons with disabilities on an equal basis with others. Kenya has expressed its commitment towards this approach through ratifying international human rights instruments such as the United Nations Convention on the Rights of Persons with Disabilities which forms part of Kenyan law pursuant to article 2(6) of the Constitution of Kenya 2010. Article 13 of the Convention requires access to justice for persons with disabilities to be enhanced at all phases of the administration of justice. This notwithstanding, access to justice for persons with disabilities in Kenya remains an unfulfilled desire. Against this background, this thesis seeks to identify the main challenges and practices that impede access to justice in the Kenyan justice system with a specific focus on persons with disabilities, with the aim of suggesting possible solutions that can aid in solving this paradox. It achieves this through examining- the nature and scope of the right of access to justice for persons with disabilities; the recognition of the right of access to justice for persons with disabilities in the Kenyan and international legal framework; the barriers that hinder the full and effective participation of persons with disabilities in the Kenyan justice system, with a specific focus on the courts; and the steps that Kenya should take to eliminate the identified barriers.
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    How much does it cost to be a patient in Italy and UK : comparative law study on assisted reproductive techniques (ART)
    ( 2022) Picchi, Caterina ; Melo, Helena : Pereira de
    A comparison is made between Italian and English legislation on ART, regarding the accessibility, availability and effectiveness of assisted reproductive techniques. A particular focus is done on the equal access to treatment and possible violations of human rights such as rights to health care and human dignity. The diversity in access criteria, reimbursement policies, equality in access and availability for treatments are examined. From the analysis, it comes out that the access criteria are wider in UK because they include same sex couples and single women, but public funding present some discrimination in the eligibility criteria for same sex couples and single women. In UK the 74% of all ART cycles it is paid by patients and only the 26% is covered from the NHS ( National Health System). In Italy only heterosexual couples, married or cohabiting can have access to treatment, but there are no other eligible criteria to get access to public funding. Public funding in Italy is more complete than in the UK because drug therapy are always included and the NHS cover the 64% of cycles performed.
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