Suchergebnisse

part PART I: DEFINITION AND MODELS -- chapter 1 Defining Impairment and Disability: Issues at Stake -- chapter 2 Philosophical Issues in the Definition and Social Response to Disability -- chapter 3 What I Learned -- chapter 4 Critiquing the Social Model -- chapter 5 The Mountain -- chapter 6 Does Disability Status Matter? -- part PART II: THEORIES OF EQUALITY AND INCLUSION -- chapter 7 Disability Equality: A Challenge to the Existing Anti-Discrimination Paradigm? -- chapter 8 Critical Race Theory, Feminism, and Disability: Reflections on Social Justice and Personal Identity -- chapter 9 Anti-Subordination Above All: A Disability Perspective -- chapter 10 Agency and Disability -- chapter 11 The Landscape of Discrimination Today -- chapter 12 Mental Disability Law in a Comparative Law Context -- chapter 13 Deaf Matters: Compulsory Hearing and Ability Trouble -- part PART III: ACCOMMODATION AND ACCESS -- chapter 14 When it is Reasonable for Europeans to be Confused: Understanding when a Disability Accommodation is -- chapter 15 Challenging Disabling Barriers to Information and Communication Technology in the Information Society: A United Kingdom Perspective -- chapter 16 Antidiscrimination and Accommodation -- chapter 17 Utilitarianism and Distribution to the Disabled -- chapter 18 Disability Studies and the Future of Identity Politics -- part PART IV: LIFE AND DEATH -- chapter 19 Disability, Life, Death, and Choice -- chapter 20 Somewhere a Mockingbird -- chapter 21 Reimagining Retardation, Transforming Community -- chapter 22 Introduction -- chapter 23 Was I Ever Wrong.

Abstract
This Article explores the juridical implications of indigenous peoples' right to legal capacity in the Inter-American system for cases involving the same right of persons with disabilities within that system and beyond. It explicates the Inter-American Court of Human Rights' (IACtHR) three-factor test in Saramaka People v Suriname and analogizes its reasoning with rationales underpinning the right to legal capacity under the United Nations Convention on the Rights of Persons with Disabilities (crpd). It then demonstrates how the IACtHR can apply a Saramaka-style test to future cases brought by persons with disabilities challenging legal capacity restrictions. The Article further argues that the European Court of Human Rights (ECtHR) should also apply this rule to align its legal capacity jurisprudence with the crpd's mandates. Finally, it suggests that the Committee on the Rights of Persons with Disabilities (crpd Committee) ought to consider this rule when resolving individual communications and thereby guide courts.

Universal Design aims to ensure that everyone can equally use products, environments, programs, and services. This article examines the theoretical underpinnings and potential application of universal design by exploring its evolution through human rights and disability rights laws and policies. It is maintained that universal design arises from the complex relationship between human rights, disability rights, and access to and use of technology. Consequently, it is argued that in relation to the information society, it is most capable of promoting equal access and use of technology in three ways. First, universal design can increasingly account for human diversity. Second, universal design can progressively eliminate barriers to accessibility and usability. Third, universal design can augment broader participation in the design and development of technology. Conceptualising universal design foundations of usability and accessibility of technology as universal human rights precepts embraces social equality for everyone, and incorporates important but currently exclusive disability rights precepts.

Inclusive higher education is elusive for students with disabilities, especially in developing countries. The adoption and rapid ratification of the Convention on the Rights of Persons with Disabilities (CRPD) provides, if applied as its drafters intended, a "whole of institution" framework for its realization (CRPD Committee, 2016). Myriad legal, attitudinal, physical, and communication-based barriers limit or exclude participation. The individual impact of such discrimination is clear and carries lifelong consequences. Equally endemic are the broad societal and pedagogical effects of this exclusion. To illustrate: preventing persons with disabilities from Teacher Education courses impacts inclusive education in primary and secondary education; barring people with disabilities from academic programs in the sciences stifles innovation in assistive technology, health, and rehabilitation; and limiting access to studying the humanities hampers the emergence of disability studies as a rightful discipline. This article presents a framework for inclusive higher education in developing countries as contemplated by the CRPD. In doing so, we draw on field work conducting the first assessment of the accessibility of Egyptian public higher education to students with disabilities. We outline lessons that can be learned and pitfalls to be avoided both in Egypt and indeed for other countries in the Global South.