Exposing the Cracks in the Foundations of Disability Law
In: 75 Law and Contemporary Problems 23 (2012)
2924 results
Sort by:
In: 75 Law and Contemporary Problems 23 (2012)
SSRN
In: Palgrave Studies in Disability and International Development
Chapter 1: Introduction -- Chapter 2: Towards Inclusive Equality: Ten Years of the Human Rights Model of Disability in the Work of the UN Committee on the Rights of Persons with Disabilities -- Chapter 3: What Does the CRPD Tell Us about Being Human? -- Chapter 4: Rights, Justice and Flourishing: The Uses and Limitations of Human Rights -- Chapter 5: Disability and the Dilemma of Difference -- Chapter 6: Forms of Equality, Faces of Discrimination: CRPD Article 5, Article 12, and the Disability's Difference Debate -- Chapter 7: The right to autonomy and the conditions that secure it: the relationship between the CRPD and market-based policy reform -- Chapter 8: At the Intersection of Childhood and Disability: Improving Human Rights Protection for Disabled Children -- Chapter 9: The Convention on the Rights of Persons with Disabilities and Mental Health: the Problems, Dilemmas and Untapped Potential -- Chapter 10: Disability and Forced Migration: Critical Connections and the Global South Debate -- Chapter 11: Intersections in Human Rights and Public Policy for Indigenous People with Disability -- Chapter 12: Examining Australia's Performance in Realising CRPD Obligations in Health Through the Lens of COVID-19.
This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship. This book breaks new ground in its consideration of the way in which human rights principles can be applied in law and po
In: Palgrave studies in disability and international development
This report constitutes a major output of the project Designing Mental Health Law in Developing Countries: A Case Study of Lesotho which was directed by Professor Peter Bartlett, Nottinghamshire Healthcare NHS Trust Professor of Mental Health. The report provides examples of best practice, suggestions for future legislative reform initiatives and the direction of legislation and policy regarding service provision for people with mental disabilities.
BASE
In: Routledge handbooks online
This is a crucial juncture for U.S. disability law. In 2008, Congress passed the ADA Amendments Act (ADAAA), which aims to reverse the courts' narrowing interpretations of the Americans with Disabilities Act of 1990. This legislative intervention provides an important lens through which to consider attitudes toward disability, both because the success of the ADAAA will depend on judicial attitudes, and because the changes rendered by the ADAAA shed light on pervasive societal attitudes. This Essay makes three main points. First, the ADAAA intervenes in the developing doctrine on disability discrimination in important ways; in so doing, however, the ADAAA carves up the definition of disability, for the first time distinguishing "actual disability" from "regarded as disability," and expressly reserving the right to accommodation for "actual disability." This move repudiates a strong form of the social model of disability and accedes to a hierarchy of discrimination that treats the failure to accommodate as a different and lesser form of bias than direct discrimination. Second, and less prominently, the ADAAA introduces an express ban on reverse discrimination claims. Though the provision is arguably positive on a practical level, the fact that this provision could pass without protest — at a time when reverse discrimination claims on the basis of sex and race have become increasingly prominent and legitimate — sets into relief the low status of disability in the popular imagination. Finally, the expanded definition of "disability" under the ADAAA, though useful for many potential plaintiffs, may have unanticipated attitudinal consequences. As the class of those who count as disabled grows, a legal buffer is removed between "nondisabled" and "disabled," in ways that may increase the existential anxiety of the nondisabled and result in empathy failures. A key question is how to turn existential anxiety about becoming disabled into an appreciation of disability law as a social insurance policy for everyone. Efforts to improve attitudes toward disability will be critical in the coming years, as anticipated by the awareness-raising Article 8 of the UN Convention on the Rights of Persons with Disabilities.
BASE
In: VITAL QUESTIONS IN DISABILITY STUDIES AND EDUCATION, S. Danforth, S. Gabel, eds., Peter Lang Publishers, 2006
SSRN
Working paper
In: De Gruyter eBook-Paket Rechtswissenschaften
The disability category and the congressional ideal -- The judicial gloss -- The congressional response -- The official notice/administrative notice doctrine -- Vocational expert evidence and the vocational expert program -- "Gridding" the labor market work adjustment assessment -- Gaps in the grid : the grid's adjudicative framework and occupational base erosion approach for work adjustment assessments in grid exception cases -- The adjudicative use of the official notice/administrative notice doctrine in grid exception cases -- The dictionary of occupational titles in work adjustment assessments -- Progress towards a new occupational taxonomy for work adjustment assessments -- Alternatives to the current SSA disability system, the 21stcentury low-skill labor market, and the contemporary call for disability reform -- Amendments to simplify work adjustment assessments by restricting eligibility : the elimination of labor market and vocational factors -- The 21stcentury labor market for low-skill work -- The disability reform debate -- Amendments to simplify work adjustment assessments by expanding eligibility : a European style occupational standard -- Proposals to impose a "welfare reform" mandatory work incentives model.
In: Proceedings of the annual meeting / American Society of International Law, Volume 93, p. 338-341
ISSN: 2169-1118
In: Asian Journal of Legal Education, Volume 1, Issue 1
SSRN