Disabled Persons And The Law
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Author | : Coomara Pyaneandee |
Publisher | : Routledge |
Total Pages | : 233 |
Release | : 2018-06-13 |
Genre | : Law |
ISBN | : 042995185X |
This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.
Author | : Arlene S. Kanter |
Publisher | : Routledge |
Total Pages | : 360 |
Release | : 2014-11-27 |
Genre | : Law |
ISBN | : 1134444664 |
The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.
Author | : Department Justice |
Publisher | : Createspace Independent Publishing Platform |
Total Pages | : 0 |
Release | : 2014-10-09 |
Genre | : |
ISBN | : 9781500783945 |
(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
Author | : I. Glenn Cohen |
Publisher | : Cambridge University Press |
Total Pages | : 313 |
Release | : 2020-04-23 |
Genre | : Health & Fitness |
ISBN | : 1108485979 |
Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability.
Author | : Marcia H. Rioux |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 569 |
Release | : 2011-05-23 |
Genre | : Political Science |
ISBN | : 9004189505 |
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.
Author | : Institute of Medicine |
Publisher | : National Academies Press |
Total Pages | : 619 |
Release | : 2007-10-24 |
Genre | : Medical |
ISBN | : 0309104726 |
The future of disability in America will depend on how well the U.S. prepares for and manages the demographic, fiscal, and technological developments that will unfold during the next two to three decades. Building upon two prior studies from the Institute of Medicine (the 1991 Institute of Medicine's report Disability in America and the 1997 report Enabling America), The Future of Disability in America examines both progress and concerns about continuing barriers that limit the independence, productivity, and participation in community life of people with disabilities. This book offers a comprehensive look at a wide range of issues, including the prevalence of disability across the lifespan; disability trends the role of assistive technology; barriers posed by health care and other facilities with inaccessible buildings, equipment, and information formats; the needs of young people moving from pediatric to adult health care and of adults experiencing premature aging and secondary health problems; selected issues in health care financing (e.g., risk adjusting payments to health plans, coverage of assistive technology); and the organizing and financing of disability-related research. The Future of Disability in America is an assessment of both principles and scientific evidence for disability policies and services. This book's recommendations propose steps to eliminate barriers and strengthen the evidence base for future public and private actions to reduce the impact of disability on individuals, families, and society.
Author | : Ilias Bantekas |
Publisher | : Oxford University Press |
Total Pages | : 1377 |
Release | : 2018-10-25 |
Genre | : Law |
ISBN | : 0192538683 |
This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.
Author | : Joseph P. Shapiro |
Publisher | : Crown |
Total Pages | : 397 |
Release | : 2011-06-22 |
Genre | : Political Science |
ISBN | : 0307798321 |
“A sensitive look at the social and political barriers that deny disabled people their most basic civil rights.”—The Washington Post “The primer for a revolution.”—The Chicago Tribune “Nondisabled Americans do not understand disabled ones. This book attempts to explain, to nondisabled people as well as to many disabled ones, how the world and self-perceptions of disabled people are changing. It looks at the rise of what is called the disability rights movement—the new thinking by disabled people that there is no pity or tragedy in disability and that it is society’s myths, fears, and stereotypes that most make being disabled difficult.”—from the Introduction
Author | : United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Consumer Protection and Finance |
Publisher | : |
Total Pages | : 438 |
Release | : 1981 |
Genre | : Discrimination in insurance |
ISBN | : |
Author | : Susan M. Schweik |
Publisher | : NYU Press |
Total Pages | : 446 |
Release | : 2009-05 |
Genre | : History |
ISBN | : 081474057X |
In 1881, the Chicago City Code read, "Any person who is diseased, maimed, mutilated, or in any way deformed... shall not... expose himself to public view." These "ugly laws" began in San Francisco in 1867, then spread through the U.S. and abroad; many in the U.S. weren't repealed until the 1970s. English professor Schweik (A Gulf So Deeply Cut: American Women Poets and the Second World War), co-director of UC Berkley's disabilities studies program, explores the emergence of these laws and their tragic consequences for thousands. Motivated largely by the desire to reduce beggar populations and to expand the role of charitable organizations, in practical terms the ugly laws meant "harsh policing; antibegging; systematized suspicion...; and structural and institutional repulsion of disabled people." Schweik discusses the nineteenth century conditions that created a demand for these laws, but notes how the resulting practices have carried through to the present. Schweik draws on a deep index of resources, from legal proceedings to out-of-print books, to tell the story of individuals long lost to history. Her detailed analysis will be of primary interest to those involved with the history of social justice in the U.S. and the passage of the Americans with Disabilities Act. 18 Illus. Copyright Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.