Disability and Equality Law

✍ Scribed by Elizabeth F. Emens; Michael Ashley Stein

• Publisher: Ashgate
• Year: 2013
• Tongue: English
• Leaves: 577
• Series: The Library of Essays on Equality and Anti-Discrimination Law
• Category: Library

✦ Synopsis

This interdisciplinary collection of essays addresses the theoretical, practical and legal dimensions of equality for persons with disabilities. The issues covered include the central problem of defining disability and impairment; the dilemma of same versus different treatment; the balance between autonomy and external influence and support; linkages to other anti-discrimination categories such as race and sex; the place of disability theory within identity politics; and issues of life, death, and our most intimate relationships. The articles reflect a wealth of international viewpoints and interdisciplinary areas which include philosophy, economics, memoirs, cultural studies, empirical studies and legal scholarship. The selection also includes classic texts which set out foundational ideas such as the social model of disability or the goal of integration, alongside essays that critique these conceptual mainstays. This volume brings into sharp focus a wide range of contentious and complex issues in the field of disability studies and is of interest to researchers and students from a wide range of fields.

✦ Table of Contents

Cover
Half Title
Title Page
Copyright Page
Contents
Acknowledgements
Series Preface
Introduction
PART I: DEFINITION AND MODELS
1 Defining Impairment and Disability: Issues at Stake
INTRODUCTION
THE PROBLEM OF DEFINITIONS
THE ISSUE OF CAUSALITY
THE QUESTION OF CONCEPTUAL CONSISTENCY
THE ROLE OF LANGUAGE
THE NORMALISING TENDENCIES OF BOTH SCHEMAS
THE PROBLEM OF EXPERIENCE
THE POLITICISATION OF THE DEFINITIONAL PROCESS
DEVELOPING A SOCIAL MODEL OF IMPAIRMENT?
OTHER INTERNAL CRITICISMS OF THE SOCIAL MODEL OF DISABILITY
THE SOCIAL MODEL OF DISABILITY IS ALIVE AND WELL
CONCLUSIONS
REFERENCES
2 Philosophical Issues in the Definition and Social Response to Disability
OVERVIEW: HOW IS PHILOSOPHY RELEVANT TO DISABILITY POLICY?
WHAT DOES IT MEAN TO CLASSIFY A PHYSICAL OR MENTAL CONDITION AS AN IMPAIRMENT?
WHAT DOES IT MEAN TO CLAIM THAT AN IMPAIRMENT IS THE CAUSE OR A CAUSE OF THE PERSONAL AND SOCIAL LIMITATIONS WITH WHICH IT IS ASSOCIATED?
WHAT, IF ANYTHING, IS BAD ABOUT IMPAIRMENTS? DO IMPAIRMENTS DETRACT FROM WELL-BEING?
HOW ARE IMPAIRMENTS RELEVANT TO SOCIAL AND POLITICAL JUSTICE?
Can Distributive Justice Encompass Claims for Environmental Adaptation?
Can Justice for People with Impairments Be Achieved by Eliminating Discrimination against Them or, More Broadly, by Eliminating Oppression and Subordination?
Is an Account of Equality as Equal Citizenship Adequate for Disability Policy?
CONCLUSION: THE PROSPECTS FOR CONVERGENCE
NOTES
REFERENCES
3 What I Learned
4 Critiquing the Social Model
Introduction
The political dangers of the social model of disability
The unchanging social model
The impairment/disability distinction
The importance of impairment
Limitations of the barrier-free world
Problems with the barrier-free utopia
Nature
Incompatibility
Practicality
Barrier removal means rebuilding society
Conclusion
References
5 The Mountain
I. A METAPHOR
II. A SUPERCRIP STORY
III. HOME
notes
6 Does Disability Status Matter?
INTRODUCTION
REMEDIES AND DISABILITY STATUS
HOW AND WHY DOES DISABILITY STATUS COUNT?
ACKNOWLEDGMENTS
NOTES
PART II: THEORIES OF EQUALITY AND INCLUSION
7 Disability Equality: A Challenge to the Existing Anti-Discrimination Paradigm?
1 INTRODUCTION
2 DIFFERENCE vs EQUALITY
2.1 Difference as Inferiority
2.2 Equality as Sameness
3 FROM INDIVIDUAL TO GROUP TO UNIVERSALITY
3.1 Individuals and Merit
3.2 From Individualism to Minority Group Rights
3.3 From Minority Rights to Universalism
4 THE COST OF EQUALITY
5 PIONEERING A NEW PARADIGM?
6 THE WAY FORWARD: SOCIAL RIGHTS AND SUBSTANTIVE EQUALITY
6.1 Substantive Equality
6.2 Social Rights
7 CONCLUSION
8 Critical Race Theory, Feminism, and Disability: Reflections on Social Justice and Personal Identity
I. lNIRODUCTION
II. PERSPECTIVES AND STORIES AS DATA
Ill. RIGHTS THEORY AND MODELS OF DISABILITY
IV. ARE ALL IMPAIRMENTS CREA1EDEQUAL? IMPLICATIONS OF THE VARIETY OF IMPAIRMENTS
V.lNTEGRATION ASA GOAL?
VI. RACE-CONSCIOUSNESS, DISABILITY -CONSCIOUSNESS, AND IDENTITY POLITICS
9 Anti-Subordination Above All: A Disability Perspective
I. FORMAL EQUALITY VERSUS ANTI-SUBORDINATION
II. DISABILITY EQUALITY THEORY
III. THE DEINSTITUTIONALIZATION MOVEMENT
10 Agency and Disability
Disability
Agency
Dependency
Interdependence and Self-Determination
Moral Status
Bibliography
11 The Landscape of Discrimination Today
Testimony in Support of the ADA and the Congressional Response
Social Science Research
Survey of Experiences of Discrimination
Discrimination in Everyday Life
Family, Loved Ones, and Friends
Churches
Higher Education
Housing
Discrimination by the State: A Sample of Statutes and Practices
Right to Vote
Driver's Licenses
Marriage Laws
Divorce Laws
Child Custody
Termination of Parental Rights
Police Practices
Intrusion in the Home: Search and Seizure
Harassment and Hostility
Conclusion
Endnotes
12 Mental Disability Law in a Comparative Law Context
I. Introduction
II. The United States
Ill. Developments in Nations That Are Parts of Regional Human Rights Systems
A. Introduction
B. Europe
C. Other Regions of the World
1. South America
2. Africa
IV. Conclusion
References
13 Deaf Matters: Compulsory Hearing and Ability Trouble
ABILITY TROUBLE
ASLIANS
NORMALITY AND NORMALIZATION
PHYSICALITY, SENSORY DIFFERENCE, AND ABLE-BODIEDNESS
COMPULSORY HEARING
''ABLE-MINDEDNESS"
NOTES
BIBLIOGRAPHY
PART III: ACCOMMODATION AND ACCESS
14 When it is Reasonable for Europeans to be Confused: Understanding when a Disability Accommodation is "Reasonable" from a Comparative Perspective
I. INTRODUCTION
II. ARTICLE 5 OF THE EMPLOYMENT EQUALITY DIRECTIVE-THE OBLIGATION TO MAKE A REASONABLE ACCOMMODATION
Ill. WHAT IS AN "ACCOMMODATION"?
IV. WHAT IS A "REASONABLE" ACCOMMODATION?
A. A "Reasonable" Accommodation is an Accommodation that Does Not Result in Excessive Costs or Difficulties for the Employer
B. A "Reasonable Accommodation" Is an Accommodation that is Effective in Meeting the Needs of the Disabled Individual
C. A "Reasonable Accommodation" Is an Accommodation That Does Not Result in Excessive Costs or Difficulties for the Employer and L~ Effective in Meeting the Needs of the Disabled Individual
V. COMPARATIVE OVERVIEW
15 Challenging Disabling Barriers to Information and Communication Technology in the Information Society: A United Kingdom Perspective
1. INTRODUCTION
2. EQUALITY LAW MECHANISMS
2.1. OVERVIEW
2.2 TYPES OF CLAIM
2.2.1. Disability-Related Discrimination
2.2.2. Reasonable Adjustment Duties
2.2.2.1. Scope
2.2.2.2. Employment
2.2.2.3. Goods and Services (Including Education, Transport and Public Functions)
2.2.2.4. Reasonable Adjustment and Access to Information
2.2.3. The Disability Equality Duty
2.3. ENFORCEMENT
3. MARKET REGULATION MECHANISMS
4. SOCIAL PROTECTION MECHANISMS
5. CONCLUSION
16 Antidiscrimination and Accommodation
INTRODUCTION
I. DEFINITIONS
II. ANTIDISCRIMINATION AS ACCOMMODATION- CASES OF EQUIVALENCE
A. Disparate Impact Liability as Accommodation
B. Implications for the Relationship Between Antidiscrimination and Accommodation
C. Implications for Section 5 of the Fourteenth Amendment
III. ADDITIONAL PARALLELS BETWEEN ANTIDISCRIMINATION AND ACCOMMODATION
A. Customer/Coworker Discrimination and Rational Statistical Discrimination (Briefly)
B. Effects of Antidiscrimination and Accommodation on Wages and Employment Levels
C. Beyond Cost
IV. AFFIRMATIVE ACTION
CONCLUSION
17 Utilitarianism and Distribution to the Disabled
The Greater-Benefit Criterion
BOUNDARY PROBLEMS
AMELIORATION OF DISABILITY
DIMINISHING MARGINAL UTILITY OF NON-MEDICAL CONSUMPTION
BENEFITS TO THE NONDISABLED OF AID TO THE DISABLED
When Would Utilitarianism Distribute Less to the Disabled?
LOW WELFARE DOES NOT IMPLY LOW MARGINAL WELFARE FROM RESOURCES
Depression
LESS BENEFIT BY REASON OF DISABILITY
SAME BENEFIT, GREATER EXPENSE
Poor Two-Disability Society
Rich Two-Disability Society
Special Education in Rich and Poor Nations
Notes
18 Disability Studies and the Future of Identity Politics
The Psychology of Social Construction
Realism and the Social Body
Realism with a Human Face
No Sin to Limp
Notes
PART IV: LIFE AND DEATH
19 Disability, Life, Death, and Choice
INTERSECTIONS BETWEEN DISABILITY RIGHTS AND ANTIABORTION ADVOCACY
SELECTIVE REFUSAL TO TREAT INFANTS WITH DISABILITIES
ASSISTED SUICIDE
PRENATAL TESTING
THE IMPLICATIONS OF THE DISABILITY RIGHTS CRITIQUE
THE AUTONOMY ALTERNATIVE
CONCLUSION
Notes
20 Somewhere a Mockingbird
NOTE
21 Reimagining Retardation, Transforming Community
Reimagining Retardation, Removing Labels
Controversies over Terminology
The AAIDD and the Difficulties of Social Change
Redesigning "Services" into "Individualized Support"
Transforming the Community
Integrating the Social Model into Legislation
Passage of the ADA
The Key Components of the ADA
The Integration Mandate and Deinstitutionalization
The ADA and Employment
Achieving Inclusion in Education
Matters of Life and Death: The Death Penalty and Prenatal Screening
The Death Penalty
The Growth of Prenatal Genetic Screening and Selective Abortion
Conclusion
Notes
References
22 Introduction
The changing disability context
Sexuality as an absence
Disabled people as asexual
This book
Caroline
References
23 Was I Ever Wrong
Works Cited
Name Index