Disabled Autonomy

Disability law is still undertheorized. In 2007, Ruth Colker wrote that disability law was undertheorized because it conflated “separate” with “unequal,” and because disability was largely ignored or poorly understood within theories of justice. The solution for Colker was to attach the anti-subordination perspective, which was developed to apply to race and sex, directly to disability. This Article argues that this transportation from the race and sex contexts was a partial solution, but is not sufficient to give full substance to disability law theory. Concepts from critical race theory and feminist jurisprudence have long been simply transported into the disability context, acting as an imperfect facsimile. The primary purpose of those concepts was to describe, analyze, and remedy problems primarily related to race and gender, not disability. While disability law has benefitted to some extent from inclusion in these legal theories, many of the unique features and complexities of disability law have been left on the table. This Article explores those complexities. Autonomy, usually thought of as an uncomplicated social good for other groups, is challenged in disability theory by two competing values. The value of anti-subordination is critical because it seeks to address, and redress, discrimination, sigma, and stereotyping. An anti-subordination perspective gives a voice and supplies resources to people with disabilities, and will counsel against choices that support stigma and stereotyping. An anti-subordination perspective might seek to limit a right to physician-assisted suicide, for example, because of concerns about exploitation and the messaging that disabled lives are not worth living. This runs counter to an autonomy-focused perspective, which would support the choice to end one’s life in the end stages of a terminal disease. An anti-eliminationism perspective advocates for the preservation of, and resources for, disabled lives. This comes to mean that not only are people with disabilities valued, but their disability is valued too. Instead of seeking to end Autism, for example, an anti-elimination perspective seeks to support Autistics. However, an anti-eliminationism perspective might also support the restriction of choice, and therefore come into conflict with autonomy, where there is a choice that results in the end of a disability. An anti-elimination perspective could seek to restrict the ability to selectively terminate pregnancies when a disability is found, for example. Anti-eliminationism inherently challenges the notion that getting rid of disability is a good thing. Parts I, II, and III of this Article describe the values of autonomy, anti-subordination, and anti-eliminationism in the disability context, and argue that these values are each critical components of disability law and theory. Part IV of this article provides an overview of some real-world examples where these values come into immediate conflict

Why is a European Law on Disability Discrimination important

EU law offers great potential for advancing the rights and interests of disabled people living within the European Union, but this potential is yet to be fully realised. A major step forward in this regard is the recently adopted Framework Directive for equal treatment in employment and occupation – a measure constituting the first European law on disability discrimination. Through a brief outline of what may be described as the two main strands of EU activity from which an advancement in disability rights can be gained, namely the ‘human rights’ and the ‘design for all’ strands, this presentation seeks to place the Framework Directive within the broader context of an evolving EU disability policy. Falling squarely within the ‘human rights strand’, this directive is examined both in terms of its importance to disabled people as a European law, as well as its place within the wider disability agenda of the European Union. By so doing, this presentation aims to provide the audience with a greater awareness of the potential proffered by EU law for the advancement of disability rights and, as a result, a greater facility to fully exploit that potential. Whilst the nature of the question set for this presentation necessitates a generic approach to disability, specific reference will be made to learning disabilities where pertinent.</p

Disability pensions and social security reform : analysis of the Latin American experience

This paper describes the disability pension arrangements prevailing in ten Latin American countries that reformed their pension systems. The analysis is limited to the topic of disability pensions, without attempting to evaluate other critical aspects such as the available infrastructure: handicapped access generally (ramps, blind cues), medical and nursing support, home care, and so on. The relative significance of disability pensions is highly dependant on these factors and, however, they are really limited in most countries of Latin America.Gender and Law,Social Protections&Assistance,Pensions&Retirement Systems,Gender and Law,Social Cohesion

The Framework Directive for equal treatment in employment and occupation: an analysis from a disability rights perspective

The purpose of this paper is to analyse the recently adopted directive establishing a general framework for equal treatment in employment and occupation from a disability rights perspective. The adoption of this directive represents merely the first stage in the prohibition of discrimination on the grounds falling within its protective remit. The next and arguably most important stage is the implementation of this directive into national law. Of the protected grounds, disability offers what is arguably the greatest challenge for national authorities in the implementation process. It demands flexibility in the legislative approach traditionally used to combat discrimination as well as the introduction of new legal concepts into the national legal order of most Member States. Whilst European Disability Non-Governmental Organisations, together with the European Parliament, are calling on the Commission of the European Union to propose a more expansive directive prohibiting disability discrimination, it is first crucial to ensure that the core aspects of the recently adopted directive are clearly understood and correctly implemented from a disability rights perspective. These core aspects include the definition of disability, the concepts of direct and indirect discrimination, and the duty to provide reasonable accommodations. Given that these core aspects will be common to any disability non-discrimination law, no amount of coverage beyond the context of employment and occupation will compensate for the subsequent loss of opportunity to make a real difference to the lives of disabled people if they are not appropriately addressed.</p

RWU Law Launches Legal Clinic for Disabled Veterans

A unique clinical collaboration pairs Rhode Island law students with seasoned attorneys to provide free legal services for military veterans seeking disability benefits

“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

SOME REFLECTIONS ON NEW YORK CITY\u27S DISABILITY LAW

The article provides a broad overview of general disability law, and the distinctive features of New York City\u27s disability law. The author introduces American human rights law as distinct in that it does not purport to advance the needs of the disabled, but merely penalizes individuals found to discriminate against them. After providing a definition of disability discrimination by drawing parallels to race, the article outlines the impacts of New York City\u27s uniquely broad definition of disability and concludes that the disabled are inevitably given less relief than a model which understands their needs, while at the same time the uniqueness of disability law from other forms of discrimination often leads to a protection of substantive rights for the disabled that are unavailable to other victims of discrimination. Finally, the author draws on case studies to illustrate the problems in fashioning remedies for discrimination violations

Questions and Answers About the Association Provision of the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination on the basis of disability. Title I of the ADA makes it unlawful for any employer to discriminate against a qualified applicant or employee because of a disability in any aspect of employment. The ADA covers employers with 15 or more employees, including state and local governments. Section 501 of the Rehabilitation Act provides the same protections for federal government employees and applicants. In addition, most states have their own laws prohibiting employment discrimination on the basis of disability. Some of these state laws may apply to smaller employers and provide protections in addition to those available under the ADA

Jolly Good Fellows

Two recent graduates, who received prestigious national fellowships, are following in Professor Stan Herr\u27s footsteps. Their work at the Maryland Disability Law Center will benefit Baltimore\u27s handicapped community