Rights Of The Disabled
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| 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 | : Dennis B. Downey |
| Publisher | : Penn State Press |
| Total Pages | : 148 |
| Release | : 2020-04-13 |
| Genre | : Social Science |
| ISBN | : 027108636X |
Conceived in the era of eugenics as a solution to what was termed the “problem of the feeble-minded,” state-operated institutions subjected people with intellectual and developmental disabilities to a life of compulsory incarceration. One of nearly 300 such facilities in the United States, Pennhurst State School and Hospital was initially hailed as a “model institution” but was later revealed to be a nightmare, where medical experimentation and physical and psychological abuse were rampant. At its peak, more than 3,500 residents were confined at Pennhurst, supervised by a staff of fewer than 600. Using a blended narrative of essays and first-person accounts, this history of Pennhurst examines the institution from its founding during an age of Progressive reform to its present-day exploitation as a controversial Halloween attraction. In doing so, it traces a decades-long battle to reform the abhorrent school and hospital and reveals its role as a catalyst for the disability rights movement. Beginning in the 1950s, parent-advocates, social workers, and attorneys joined forces to challenge the dehumanizing conditions at Pennhurst. Their groundbreaking advocacy, accelerated in 1968 by the explosive televised exposé Suffer the Little Children, laid the foundation for lawsuits that transformed American jurisprudence and ended mass institutionalization in the United States. As a result, Pennhurst became a symbolic force in the disability civil rights movement in America and around the world. Extensively researched and featuring the stories of survivors, parents, and advocates, this compelling history will appeal both to those with connections to Pennhurst and to anyone interested in the history of institutionalization and the disability rights movement.
| Author | : Judith Heumann |
| Publisher | : Beacon Press |
| Total Pages | : 458 |
| Release | : 2020-02-25 |
| Genre | : Biography & Autobiography |
| ISBN | : 080701950X |
A Publishers Weekly Best Book of the Year for Nonfiction "...an essential and engaging look at recent disability history."— Buzzfeed One of the most influential disability rights activists in US history tells her personal story of fighting for the right to receive an education, have a job, and just be human. A story of fighting to belong in a world that wasn’t built for all of us and of one woman’s activism—from the streets of Brooklyn and San Francisco to inside the halls of Washington—Being Heumann recounts Judy Heumann’s lifelong battle to achieve respect, acceptance, and inclusion in society. Paralyzed from polio at eighteen months, Judy’s struggle for equality began early in life. From fighting to attend grade school after being described as a “fire hazard” to later winning a lawsuit against the New York City school system for denying her a teacher’s license because of her paralysis, Judy’s actions set a precedent that fundamentally improved rights for disabled people. As a young woman, Judy rolled her wheelchair through the doors of the US Department of Health, Education, and Welfare in San Francisco as a leader of the Section 504 Sit-In, the longest takeover of a governmental building in US history. Working with a community of over 150 disabled activists and allies, Judy successfully pressured the Carter administration to implement protections for disabled peoples’ rights, sparking a national movement and leading to the creation of the Americans with Disabilities Act. Candid, intimate, and irreverent, Judy Heumann’s memoir about resistance to exclusion invites readers to imagine and make real a world in which we all belong.
| 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 | : Luke Clements |
| Publisher | : Routledge |
| Total Pages | : 517 |
| Release | : 2008-01-18 |
| Genre | : Law |
| ISBN | : 1134134436 |
The most basic of human rights, the right to life, is the focus of this book. 'Human rights' has increasingly come to be seen as a significant framework, both to aid understanding of the experiences of those who face oppression, and to underpin social, legal and political measures to counter it. Disabled People and the Right to Life uses this framework to explore how disabled people’s right to life is understood in different national contexts and the ways in which they are – or are not – afforded protection under the law, emphasizing the social, cultural and historical forces and circumstances which have promoted disabled people’s right to life or legitimated its violation. Written by an international panel of contributors including individuals holding public office, academics from the fields of law, social policy, disability studies and bioethics as well as practitioners and activists attempting to further disabled people’s human rights, this truly interdisciplinary book will be of interest to students and researchers of disability, law, social policy and human rights.
| 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 | : Emily Ladau |
| Publisher | : Ten Speed Press |
| Total Pages | : 177 |
| Release | : 2021-09-07 |
| Genre | : Social Science |
| ISBN | : 1984858971 |
An approachable guide to being a thoughtful, informed ally to disabled people, with actionable steps for what to say and do (and what not to do) and how you can help make the world a more inclusive place ONE OF THE BEST BOOKS OF THE YEAR: NPR, Booklist • “A candid, accessible cheat sheet for anyone who wants to thoughtfully join the conversation . . . Emily makes the intimidating approachable and the complicated clear.”—Rebekah Taussig, author of Sitting Pretty: The View from My Ordinary, Resilient, Disabled Body People with disabilities are the world’s largest minority, an estimated 15 percent of the global population. But many of us—disabled and nondisabled alike—don’t know how to act, what to say, or how to be an ally to the disability community. Demystifying Disability is a friendly handbook on the important disability issues you need to know about, including: • How to appropriately think, talk, and ask about disability • Recognizing and avoiding ableism (discrimination toward disabled people) • Practicing good disability etiquette • Ensuring accessibility becomes your standard practice, from everyday communication to planning special events • Appreciating disability history and identity • Identifying and speaking up about disability stereotypes in media Authored by celebrated disability rights advocate, speaker, and writer Emily Ladau, this practical, intersectional guide offers all readers a welcoming place to understand disability as part of the human experience. Praise for Demystifying Disability “Whether you have a disability, or you are non-disabled, Demystifying Disability is a MUST READ. Emily Ladau is a wise spirit who thinks deeply and writes exquisitely.”—Judy Heumann, international disability rights advocate and author of Being Heumann “Emily Ladau has done her homework, and Demystifying Disability is her candid, accessible cheat sheet for anyone who wants to thoughtfully join the conversation. A teacher who makes you forget you’re learning, Emily makes the intimidating approachable and the complicated clear. This book is a generous and needed gift.”—Rebekah Taussig, author of Sitting Pretty: The View from My Ordinary Resilient Disabled Body
| Author | : Valentina Della Fina |
| Publisher | : Springer |
| Total Pages | : 776 |
| Release | : 2017-01-20 |
| Genre | : Law |
| ISBN | : 3319437909 |
This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.
| Author | : Eilionóir Flynn |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 193 |
| Release | : 2015-03-28 |
| Genre | : Law |
| ISBN | : 1472418611 |
Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.
| Author | : Paul L Rein |
| Publisher | : |
| Total Pages | : 536 |
| Release | : 2021-06-10 |
| Genre | : |
| ISBN | : 9781989942260 |
For 38 years my law practice has represented physically disabled persons in civil rights cases challenging architectural barriers and other forms of disability discrimination. A major motivation has been observing the amazing courage of many of my disabled clients. Physically disabled persons face daily challenges unthinkable to able-bodied persons; yet many are still willing to use their time and energy to work in the public interest to improve conditions for others. This book is intended to give a general outline of the law regarding access to public accommodations for disabled persons under California laws first passed in 1968, and then under the Americans with Disabilities Act of 1990. Portions of the book outline important legal precedents that may be of use to disabled persons and their attorneys and supporters when they decide to take action to enforce their rights to full and equal access to public accommodations. Each action may also have a ripple effect which will benefit every disabled person who is later able to use the improved facilities, and a further ripple effect if it motivates voluntary access improvements by building owners and/or their tenants. The more access barriers that are removed, the more businesses that disabled persons (and their companions) can patronize and spend their money in. Voluntary compliance will result in less need for litigation and less need for paying attorney fees to plaintiff attorneys and defense lawyers. Most disabled rights attorneys are working for the day when our society is fully accessible to persons with disabilities, and litigation will no longer be necessary. But until that day comes, disabled access litigation should remain an essential tool in the fight to achieve an accessible society. Law Offices of Paul L. Rein Oakland, CA 94612 (510) 832-5001
