This book ventures into the uncharted terrain where law and disability intersect. Drawing on developments in the emerging field of disability studies and on a new-found human rights perspective on disability, the contributions traverse topics as wide-ranging as citizenship, feminism, eugenics, euthanasia, and sexual abuse of people with disabilities, and analyze disability law at both a domestic and international level. Informed by the social model of disability, this work brings together academics and disability activists from Australia, Europe and North America. The book is interdisciplinary in nature, with contributors coming from sociology, education, law, geography, philosophy, and cultural studies.
This text ventures into the area where law and disability intersect. Drawing on developments in the emerging field of disability studies and on a new-found human rights perspective on disability, the contributions traverse topics as wide-ranging as citizenship, feminism, eugenics, euthanasia, and sexual abuse of people with disabilities, and analyze disability law at both a domestic and international level. Informed by the social model of disability, this work brings together academics and disability activists from Australia, Europe and North America. The book is interdisciplinary in nature, with contributors coming from sociology, education, law, geography, philosophy, and cultural studies.
This comprehensive volume assesses the relationship between legal rights and disability and the effect of law, legal process and third party professional intervention on the lives of people with disabilities. Stressing the crucial role played by disabled people themselves in fulfilling the promise of the worldwide rights movement, the chapters examine this relationship across a variety of themes, stressing the legal elements of each issue, and the extent to which law can assist in strengthening individual rights in that area. The contributors, who are all either academics or other professional experts in their field, write in a jargon free accessible style. The volume will be of interest to lawyers, human rights activists, health care professionals and to disabled people generally. The main areas covered in the volume are: * new perspectives on working in partnership with disabled people; * the changing attitudes to the rights of people with disabilities across the globe; * improvements to the rights of disabled people through legal process, using national and international law; * an examination of the rights and entitlement of disabled people to community care, housing, employment, education, and special services for children; * disabled people and mental health law; * messages from disability research for law, practice and reform implications for research.
An excellent source of information and ideas on the relationship between disability and spirituality—and how to improve it This one-of-a-kind collection explores the relationship between spirituality and disability from a variety of Australian religious and spiritual viewpoints. Authors from a wide range of backgrounds—some with disabilities, some without—draw remarkable insights from Christian, Jewish, Buddhist (and even non-religious) spirituality. These uniquely Australian perspectives provide practical and spiritual lessons that can be applied in any part of the world. Voices in Disability and Spirituality from the Land Down Under presents an unflinching look at the shortcomings of many established church ministries when it comes to serving people with disabilities. There’s also an extraordinary interview with a severely disabled nonreligious woman in the final stage of her life and her caretaker, which presents a very revealing look at the essence of human spirituality as it exists even in the absence of religious dogma. In addition, you’ll find a revealing case study focusing on the Uniting Church in Australia (UCA), which looks at the gap between its official theology and its actual policy and practice, and outlines a project designed to move the Church forward to more inclusive practices. Additionally, Voices in Disability and Spirituality from the Land Down Under: Outback to Outfront examines: why platitudes that are intended to give comfort, like “God has chosen this for you,” “It’s a test of your faith,” or “We all have our crosses to carry” are at best problematic, and at worst damaging—with suggestions for pastoral responses that offer alternatives to “God-is-on-your-side” clichés the spiritual meaning and importance of community for people with disabilities, and the impact of community on their vitality and resiliency the Buddhist teaching called sunyata, or emptiness, and its potential to positively impact the lives of people with intellectual disabilities and those who know them wisdom contained in the ancient Jewish system of laws called Halacha—and its potential for empowering people with disabilities today how a pastoral care program that is flexible, accommodating, and relevant for disabled people was created at a small metropolitan school in New South Wales—and the effect of the program on the community the work of the Personal Advocacy Service, which recruits volunteers to be companions to people with intellectual disabilities the role of religion and philanthropy in the creation of educational programs for blind or vision-impaired students and more
This path-breaking international handbook of disability studies signals the emergence of a vital new area of scholarship, social policy and activism. Drawing on the insights of disability scholars around the world and the creative advice of an international editorial board, the book engages the reader in the critical issues and debates framing disability studies and places them in an historical and cultural context. Five years in the making, this one volume summarizes the ongoing discourse ranging across continents and traditional academic disciplines. To provide insight and perspective, the volume is divided into three sections: The shaping of disability studies as a field; experiencing disability; and, disability in context. Each section, written by world class figures, consists of original chapters designed to map the field and explore the key conceptual, theoretical, methodological, practice and policy issues that constitute the field. Each chapter provides a critical review of an area, positions and literature and an agenda for future research and practice. The handbook answers the need expressed by the disability community for a thought provoking, interdisciplinary, international examination of the vibrant field of disability studies. The book will be of interest to disabled people, scholars, policy makers and activists alike. The book aims to define the existing field, stimulate future debate, encourage respectful discourse between different interest groups and move the field a step forward.
Readers in Western developed countries are most familiar with abuses of political and civil rights, but the international human rights regime also embraces a set of laws regarding economic rights. These rights include the right to work and to just and favorable working conditions; the right to join and form trade unions; the right to social security; specific rights for the family; the right to an adequate standard of living, including food, clothing, housing, and "the continuous improvement of living conditions"; and the right to "the highest attainable standard of physical and mental health." In original essays by scholars senior and junior, this volume explains how these rights are realized—or violated—in Canada and the United States. Contributors analyze the philosophy, law, and politics of economic rights and discuss specific issues such as poverty, health care, and the rights of people with disabilities. Central to the problems of both countries are the human rights abuses evident in all contemporary capitalist societies. When the inequalities among citizens are not cushioned by a national commitment to economic rights, or when governments fail to maintain social safety nets for all citizens, economic rights are at risk. Contributors consider the problem from the perspective of their own countries: Canada, the United States, and, for contrast, the Netherlands. They do so in order to explore whether their own countries fall short of meeting international standards of economic rights. They also address the criticism often made by non-Western scholars of human rights—that their Western colleagues preach human rights abroad without regard to the human rights flaws at home.
There is great diversity of definitions, causes and consequences of discrimination against persons with disabilities, yet there are fundamental themes uniting countries in their pursuit of human rights policies to improve the social and economic status of those with disabilities. In this volume are twenty-five important articles examining historical, contemporary and comparative issues crucial to the advancement of disability rights. The volume foreshadows the future of disability rights as a medium for ensuring that those living with disabilities participate as equal citizens of the world.
This book examines what international human rights law has gained from the new elements in the UN Convention on the Rights of Persons with Disabilities (CRPD). It explores how the CRPD is intricately bound up with other international instruments by studying the relationship between the Convention rights and those protected by other human rights treaties, as well as the overall objectives of the UN. Using a social model lens on disability, the book shows how the Convention sheds new light on the very notion of human rights. The book provides a theoretical framework which explicitly integrates disability into international human rights law. It explains how the CRPD challenges the legal subject by drawing attention to distinct forms of embodiment, before introducing the idea of the 'dis-abled subject', which stems from a recognition that all individuals encounter disability-related issues during their lives. The book also shows how to apply this theoretical framework to several rights and highlights the consequences for the implementation of human rights treaties as a whole. It builds upon the literature of disability studies and legal and political theory, as well as drawing upon the recommendations of treaty bodies and reports of UN agencies and disabled people's organisations. This book thereby provides an agenda-setting analysis for all human rights experts, by showing the benefits of placing disabled people at the heart of international human rights law.
"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics
Despite the widespread belief that Canada is a country of liberty, equality, and inclusiveness, many persons with disabilities experience social exclusion and marginalization. In this book, twenty-four scholars from a variety of disciplines contend that achieving equality for the disabled is not fundamentally a question of medicine or health, nor is it an issue of sensitivity or compassion. Rather, it is a question of politics, and of power and powerlessness. This book argues that we need a new understanding of participatory citizenship that encompasses the disabled, new policies to respond to their needs, and a new vision of their entitlements.
