From Navas to Kaltoft: The European Court of Justice’s evolving definition of disability and the implications for HIV-positive individuals

This article will examine the definition of disability developed by the European Court of Justice for the purposes of the Employment Equality Directive and examine whether it is sufficient for the purpose of bringing People Living with HIV/AIDS within its scope. The article will argue that in order to adequately protect People Living with HIV/AIDS within the EU from discrimination, the European Court of Justice needs to ensure that a coherent EU wide definition of disability, based fully upon the social model of disability, is adopted. This is necessary in order to ensure adequate protection not only for People Living with HIV/AIDS but for all individuals with disabilities from discrimination throughout the EU. In addition to this central argument, this paper will argue that the lack of a coherent definition of disability grounded in the social model fragments protection for People Living with HIV/AIDS across the EU leading to a number of possible unintended consequences

10 out of 10 for Scottish school design? : providing an accessible, sustainable environment for 21st century education

This paper describes an on-going research project which aims to measure the extent to which the social model of disability is embedded within the school design process in Scotland. Proponents of the disability movement have called for societal structures to be reconceived based on the divergent capacities of the individual. The social model of disability can be used to explain the way in which disability is conceptualised as a barrier created by external factors which is imposed over and above an individual’s impairment. This model is used as a basis for conceiving a ‘social model of architecture’ and exploring the progress of architectural practice in responding to change. The largest school building programme in the history of Scotland has taken place, yet there is no conclusive research evaluating the performance of accessible design. This project investigates the inclusive education discourse in Scotland and its relevance to the built environment, the extent to which best practice guidelines are being met and the degree to which accessibility is considered throughout different stages of the design process. Results will be analysed to discuss the extent to which the social model is embedded within current school design and the case of Scotland’s schools will be used to develop a framework for implementation which takes into consideration a holistic view of the entire design process

“Why can’t they be in the community?” A policy and practice analysis of transforming care for offenders with intellectual disability

Purpose – The purpose of this paper is to describe key policy and practice issues regarding a significant subgroup of people with intellectual disability – those with offending behaviour being treated in forensic hospitals. Design/methodology/approach – The reasons why psychiatrists continue to be involved in the treatment of people with intellectual disability and mental health or behavioural problems and the factors that may lead to patients needing hospital admission are examined. Using two illustrative examples, three key questions – containment vs treatment, hospital care vs conditional discharge and hospital treatment vs using deprivation of liberty safeguards usage in the community are explored. Findings – Patients with intellectual disability, mental health problems and offending behaviours who are treated within forensic inpatient units tend to have long lengths of stay. The key variable that mediates this length of stay is the risk that they pose to themselves or others. Clinicians work within the framework of mental health law and have to be mindful that pragmatic solutions to hasten discharge into the community may not fall within the law. Originality/value – This paper makes practical suggestions for the future on how to best integrate hospital and community care for people with intellectual disability, mental health and offending behaviours. </jats:sec

Health and social care workers’ understanding of the meaning and management of challenging behaviour in learning disability services.

The present study sought to investigate the relationship between professional background, length of experience, understanding of the term “challenging behaviour” and opinions of factors important in managing challenging behaviour in people with a learning disability. Health Workers identified significantly more definition criteria than Social Care Workers, yet no significant difference was found between their overall scores for management criteria. Rather the emphasis of their knowledge of management principles appeared to be different. A significantly greater percentage of Health Workers identified management criteria relating to psychological principles, while a greater percentage of Social Care Workers identified that of reactive responses. Health Workers seemed more likely to identify challenging behaviour in terms of its impact on the service while Social Care Workers appeared to concentrate on the type of behaviour evident. Finally, the longer the experience of the Social Care Worker, the higher their overall scores for the definition and management criteria. However, no significant relationship was found between experience and overall scores amongst Health Workers. Implications of the findings are discussed

Essential Considerations for Establishing Partnerships Among Agencies Addressing the Employment-Related Needs of Individuals with Disabilities

[Excerpt] The Collaboration Brief series is intended to assist both generic and disability-specific agencies to work collaboratively and enhance their capacity to serve individuals with disabilities. To help agencies become familiar with their mandated and non-mandated partners, these briefs provide information that will contribute to better understanding of the goals, eligibility criteria, and policy parameters of the respective generic and disability-specific agencies; the development of expanded and improved collaborative relationships; and the coordination of resources, services, and supports. These briefs are consistent with and reflect the overarching goal of the Workforce Investment Act (WIA)— to develop a seamless workforce investment system that includes multiple agencies and programs. The series includes briefs on the One-Stop Career Centers established under Title I of the WIA and the one disability-related mandatory partner participating in the workforce investment system (vocational rehabilitation agencies). In addition, the series includes employment-related services and supports provided by other federal, state, and local agencies and programs serving people with significant disabilities, including Mental Health, Developmental Disabilities, and Special Education. Further, the series explains the potential role the Medicaid program can play in supporting employment and the work incentive provisions in Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) programs, and describes the Ticket to Work Program operated by the Social Security Administration. Each brief provides information on the purpose of the program, eligibility for benefits or services, funding sources, administrative structure, and resources provided to support jobseekers and employers. Further, the briefs provide considerations for assessing the respective programs in each state and suggestions for the development of collaborative relationships. The concepts and strategies of Customized Employment—a dynamic set of assessment and job development tools—will be used to contextualize the collaborative strategies discussed in each brief. Most importantly, the briefs show that no agency is alone or limited to their own resources in serving people with significant disabilities; this series should be used as a source for the basic information upon which cross-system partnerships are built. Collaborative relationships between One-Stop Career Centers, Vocational Rehabilitation, community provider organizations, and other systems that provide benefits and services will create new employment opportunities for people with significant disabilities

The disorganised nature of European disability: rethinking protection for HIV positive individuals

Despite the fact that there are approximately 80 million individuals with disabilities within the EU, there is no coherent definition of disability. There is also no clear consensus amongst Member States as to the question of whether People Living with HIV/AIDS (“PLHA”) should be defined as “disabled” and thus acquire the various legal protections associated with such a designation. This paper will argue that in order to adequately protect PLHA within the EU, the European Court of Justice (“CJEU”) need to ensure that a coherent EU wide definition of disability based upon the social model of disability is adopted. Such a definition is necessary in order to ensure adequate protection not only for PLHA but for all individuals from disability discrimination throughout the EU. In addition to this central argument, this paper will also argue that the lack of a coherent definition of disability grounded in the social model fragments protection for PLHA across the EU leading to a number of possible unintended consequences. PLHA may seem a strange choice of focus but, in some ways, PLHA represent the “front line” in the ideological battle concerning the definition of disability at an EU level and the question concerning the relationship between sickness and disability as will be seen by the Advocate General’s opinion in the recent HK Danmark (Ring and Skouboe Werge) case concerning unlawful discrimination within employment

The changing of the guard: groupwork with people who have intellectual disabilities

This paper considers the impact of service systems on group activities. It describes an inter-professional groupwork project facilitated by a social worker and a community nurse. The project provided an emancipatory experience for a group of adults who had intellectual disabilities. The group was charged with the task of reviewing and updating the recruitment and interview processes used by a 'Learning Disability Partnership Board', when employing new support workers. The paper begins with a brief history of intellectual disability and provides a context to the underpinning philosophical belief that people should be encouraged and supported to inhabit valued social roles no matter what disability they may have. It then identifies the ways in which the sponsoring health, education and social care services impacted on the creation and development of a groupwork project. It might have been expected that the nature of the intellectual disability would have been the major influence on group process. However the paper reveals that organisational constraints had a significant impact on group functioning. Issues including, staffing budgets and transport contracts impacted on group process and function. The results of the project show how, with adequate support, people with intellectual disability can make important decisions that have long-reaching impacts on the services

Leave Benefits in the United States

[Excerpt] In addition to their jobs, workers have obligations — civic, familial, and personal — to fulfill that sometimes require them to be absent from the workplace (e.g., to serve on a jury, retrieve a sick child from day care, or attend a funeral). The U.S. government generally has allowed individual employers to decide whether to accommodate the non-work activities of employees by granting them leave, with or without pay, rather than firing them. In other countries, national governments or the international organizations to which they belong more often have developed social policies that entitle individuals to time off from the workplace (oftentimes paid) for a variety of reasons (e.g., maternity and vacations). Public policies specifically intended to reconcile the work and family lives of individuals have garnered increased attention among countries in the Organization for Economic Cooperation and Development (OECD). In the United States, which is an OECD member, congressional interest recently has coalesced around family-friendly paid leave proposals (e.g., H.R. 1542/S. 910, S. 80 and H.R. 5781, S. 1681 and H.R. 5873). They would entitle workers to time off with pay to accomplish parental and caregiving obligations to help women in particular balance work and family responsibilities because they are the typical family caregiver and a majority of women in the U.S. population are in the labor force. Currently, there are few federal statutes that pertain directly or indirectly to employer provision of leave benefits for any purpose. This report begins by reviewing those policies, including the Pregnancy Discrimination Act and the Family and Medical Leave Act. Temporary Disability Insurance (TDI) programs, which five states have established to compensate for lost wages while workers are recovering from nonoccupational illnesses and injuries, are discussed as well. So too are the California and New Jersey family leave insurance programs, which essentially extend the TDI programs of the two states to employees caring for family members. The report then examines the incidence of different types of paid leave that U.S. employers voluntarily provide as part of an employee’s total compensation (wages and benefits). For example, vacations and holidays are the most commonly offered leave benefits: more than three-fourths of employees in the private sector receive paid time off for these reasons. Access to leave by various employee and employer characteristics also is analyzed, with particular attention focused on paid sick leave, which is offered to 57% of private sector employees. The report closes with results from a federal government survey of the average direct cost to businesses of different types of leave. Indirect employer costs that might arise in connection with some types of leave more than others, such as the greater likelihood of hiring and training temporary replacements for employees absent because of maternity versus bereavement reasons, are not included. Neither are estimates of potential gains to employers (e.g., a more stable and experienced workforce, increased productivity due to greater worker morale) and society (e.g., improved public health, lower formal caregiving costs, and broader participation in civic affairs)

Building on the value of Victoria’s community sector

Building on the value of Victoria’s community sector&nbsp;goes beyond the sector’s economic contribution. It discusses the value of all Victoria’s community sector organisations, including those operating with registered charitable status and those operating without. The paper also outlines broader aspects of the community sector’s value than just the economic. These include the sector’s unique ability to amplify the voice of people facing disadvantage and build relationships with those who most need support, its diversity, its innovative and collaborative nature, its focus on prevention and early intervention, and its ability to build community cohesion and wellbeing. While outlining these,&nbsp;Building on the value of Victoria’s community sector&nbsp;also outlines ways in which this value can be further built on, to generate even more benefit for people and communities facing disadvantage, and Victoria as a whole