قانون ناتوانی و برابری (کتابخانه مقالات در مورد برابری و قانون ضد تبعیض)

"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."--Provided by publisher 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