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

Improving understanding of service-user involvement and identity : collaborative research traversing disability, activism and the academy

This article focuses on collaborative research traversing disability, activism and the academy to improve understanding of service-user involvement and identity. The project was undertaken by an organisation of disabled people, some of whom are, and some of whom are not, employed by academic institutions. It is an example of research fusion between disabled people’s activism and their work within the academy. The project aimed to identify meaningful ways of promoting involvement in the development of public services. Power relationships which shape the reality of disabled people’s participation in decision-making processes within services are critiqued. We explore ways in which disabled service users and our representative organisations can drive a form of political activism within services and through the academy to improve the lives of disabled people according to the priorities of disabled people themselves. This is not simply an academic project; we identify strategies for activism and change

Evaluating Lifeworld as an emancipatory methodology

Disability research is conducted within a highly politicised ‘hotbed’ of competing paradigms and principles. New researchers, who want to work within the social model, are soon faced with complex and challenging methodological and philosophical dilemmas. The social model advocates research agendas that are focused on the emancipation and empowerment of disabled people but, in reality, these are rarely achieved. To be successful researchers need to engage with innovative and creative methodologies and to share their experiences of these within environments that welcome challenge and debate. This paper focuses on Lifeworld and assesses its value as a tool for emancipatory research. Using examples from a study with parents, whose children were in the process of being labelled as having autism, the paper illustrates how the principles that ‘underpin’ the methodology offered a supportive framework for a novice researcher

Enablers of help-seeking for deaf and disabled children following abuse and barriers to protection: a qualitative study

Research internationally has highlighted the increased vulnerability of deaf or disabled children to abuse and the frequently inadequate response of services. However, first-hand accounts of deaf or disabled children have rarely been sought. This paper reports selected findings from one of the first studies exploring deaf and disabled children’s experiences of help-seeking following maltreatment. Innovative and sensitive research methods were employed to support ten deaf or disabled people (children and adults) to take part in guided conversations. The study identifies three enablers of help-seeking of deaf or disabled children: the capacity of adults to detect abuse and respond to disclosures, supportive relationships or circumstances which facilitate disclosure; and, for Deaf children, access to registered interpreters. Barriers to protection related to these are also discussed. Recommendations directed at policy makers, practitioners and families include: education and awareness raising amongst practitioners, children, parents and carers; addressing deaf and disabled children’s social isolation; providing comprehensive support services that address the needs of the child holistically; ensuring the voice of the child is heard; routine access to registered interpreters for Deaf children within mainstream and specialist services and measures to address disablism at a local and institutional level

'Caught Between a Rock and a Hard Place': Anti-discrimination Legislation in the Liberal State and the Fate of the Australian Disability Discrimination Act

This article offers a critical analysis of some of the practical implications for disabled people of the Disability Discrimination Act of 1992. Specifically, it raises questions about politics and the role of the law as an instrument of social change?taking greater account of the interests of disabled people?on the one hand, and of the reliance of the social model of disability on a strategy based upon legal rights on the other. The article also suggests that the constraining effects of Australia's constitutional protections of rights and its federal system of government hinder the mildly progressive elements of the Disability Discrimination Act. To illustrate this, the paper employs empirical evidence to suggest that these effects have been exacerbated by the passage of the Human Rights Legislation Amendment Act in 1999

The Diagnosis and Context of a Facial Deformity from an Anglo-Saxon Cemetery at Spofforth, North Yorkshire

An individual aged between 6 and 7years at death from a 7th to 9th century cemetery at Village Farm, Spofforth, North Yorkshire, presented significant pathological swelling to the left facial bones. The ectocranial surface was bulbous and uneven, and the expanded diploë was densely packed with a mass of thick trabeculae. Radiographic and histological analysis, in combination with the macroscopically observed pathological changes, supported the differential diagnosis of fibrous dysplasia. The skeletal changes to the left face and jaw would have resulted in a significant facial deformity. Examples of individuals with physical impairments or disfigurements from Anglo-Saxon cemeteries are rare. Nevertheless, it seems that a significant proportion are afforded unusual burial practices more often associated with deviancy, for example, at the edge of cemeteries or on a reversed orientation, seemingly indicating that their diminished physical capabilities or altered physical appearance had a detrimental effect on their social status. The child from Spofforth was, however, buried in a normative manner, extended, supine and in a plain earth-cut grave, with no indication that their facial deformity had prompted unusual funerary provision. This example of facial disfigurement contributes to a growing corpus of potentially disabled individuals from early medieval England. © 2011 John Wiley & Sons, Ltd