Suchergebnisse

Cover -- Foreword from the German Federal Government Commissioner for Matters relating to Persons with Disabilities -- 1. Fundamental academic contributions in law -- The UN CRPD as an International Social Law -- I. Social policy - A matter for state or international lawmaking? -- II. International human rights -- 1. Human rights - Achievements of the nation-state -- 2. General declaration of human rights: The international bill of rights -- 3. International human rights define the post-war order -- III. International social human rights -- 1. Social human rights and the capability approach -- 2. International human rights - UN CRPD: From banning discrimination to the human rights of those potentially subject to discrimination -- 3. What does the approach towards human rights offer? -- IV. International human rights and the UN CRPD -- 1. Setting the standard -- 2. Institutionalization of protective regulations -- 3. State commitment -- V. Right to work -- VI. Conclusion -- Reasonable Accommodation as a Gateway to the Right to Work for Persons with Disabilities in the European Union. Reflections and Comparative Perspectives -- 1. Introduction -- 2. Reasonable Accommodation in the CRPD and its Relevance in the Employment Context -- 3. Reasonable Accommodation in the Directive 2000/78 at a Glance -- 4. Reasonable Accommodation in National Laws: Trends and Patterns -- 5. Concluding Remarks -- Equal Rights of Persons with Disabilities to Work per Article 27 of the UN Convention on the Rights of Persons with Disabilities -- I. Introduction -- II. Legal sources and validity -- 1. The right to work -- 2. The UN Convention on the Rights of Persons with Disabilities -- 3. International law, European law and German law -- 4. Social human rights and the progressive realization -- 5. Human rights and participation -- 6. Monitoring and enforcement

Disability and Medieval Law: History, Literature and Society is an intervention in the growing and complex field of medieval disability studies. The size of the field and the complexity of the subject lend themselves to the use of case studies: how a particular author imagines an injury, how a particular legal code deals with (and sometimes creates) injury to the human body. While many studies have fruitfully insisted on theoretical approaches, Disability and Medieval Law considers how medieval societies directly dealt with crime, punishment, oath-taking, and mental illness. When did medieval law take disability into account in setting punishment or responsibility? When did medieval law choose to cause disabilities? How did medieval authors use disability to discuss not only law, but social relationships and the nature of the human?The volume includes essays on topics as diverse as Francis of Assissi, Margery Kempe, La Manekine, Geoffrey Chaucer, early medieval law codes, and the definition of mental illness in English legal records, by Irina Metzler, Wendy J. Turner, Amanda Hopkins, Donna Trembinski, Marian Lupo and Cory James Rushton.

In Disability through the Lens of Justice, Jessica Begon considers how disabled individuals should be justly treated in the public policy of liberal democratic states. She seeks to create an account of disability which takes seriously the diversity of disabled lives, an approach that enables individuals to exercise broadly-specified opportunities.

Intro -- Contents -- Acknowledgments -- Part I: Overview of the Topic -- 1: Introduction to Disability Rights in America -- 2: The Law and Disability Rights -- 3: Chronology -- 4: Biographical Listing -- 5: Glossary -- Part II: Guide to Further Research -- 6: How to Research Disability Rights Issues -- 7: Annotated Bibliography -- 8: Organizations and Agencies -- Part III: Appendices -- Appendix A: The Rehabilitation Act of 1973 (29 U.S.C. 701 Et Seq.): Section 504 -- Appendix B: The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 Et Seq.): Title I Excerpts Prohibiting Discrimination in Employment -- Appendix C: The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 Et Seq.): Title II Excerpts Prohibiting Discrimination in Public Services -- Appendix D: The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 Et Seq.): Title III Excerpts Prohibiting Discrimination in Public Accomodations and Services Operated by Private Entities -- Appendix E: Education of Individuals with Disabilities (20 U.S.C. 1400): Excerpts from the 1990 Congressional Findings Explaining the Need for Legislation -- Appendix F: Remarks by President George H. W. Bush at the Signing of the Americans with Disabilities Act of 1990 -- Appendix G: President George W. Bush Announces the New Freedom Initiative of 2004 -- Appendix H: Statistics -- Index.

Intro -- Acknowledgements -- Contents -- Abbreviations and Acronyms -- Table of Cases -- 1 Introduction -- Incapacity for Work -- Sweeping the Path: The Case of Mrs E -- Disability -- Gender -- Work -- Social Control -- Sources for the Book -- Structure of the Book -- References -- 2 From National Insurance in 1911 to Employment and Support Allowance -- Introduction -- The National Insurance Act 1911 -- Appeals Under the National Insurance Act 1911 -- The National Insurance Act 1946 and the Post-war Welfare State -- The Creation of New Benefits for Disabled People in the 1970s -- Incapacity Benefit and a New Medical Test -- Employment and Support Allowance -- References -- 3 Only Those Unconscious or Asleep: Definitions of Incapacity for Work -- Introduction -- Statutory Definitions -- Sickness, Disability and the Six-Month Guideline -- Control Measures for Short-Term Claims -- The Relevance of Social Barriers in Defining Capacity for Work -- Incapacity Benefit and the "Objective Test" -- Employment and Support Allowance and Increasing Conditionality -- Conclusions -- References -- 4 The Necessity of Questioning the Doctor: Medical and Other Evidence -- Introduction -- The Medical Certificate -- Medical Referees and the Regional Medical Service -- Sick Visitors -- Sick Visitors After 1948 -- Claimant and Other Evidence -- Incapacity Benefit and the Move to Points-Based Assessment -- Employment and Support Allowance -- Conclusions -- References -- 5 Bridge Toll Attendants and Driving a Quiet Horse: The Labour Market and Structural Barriers to Work -- Introduction -- The Relationship Between Unemployment and Incapacity -- Statutes and Case Law -- Attachment to the Labour Market -- Alternative Work -- Attachment to the Labour Market After 1948 -- Using the Social Model of Disability to Understand Incapacity for Work -- Conclusions -- References.

This Ability provides an analysis of the issues relating to inequality for those with disabilities at both the national and international level. The work examines the primary role of legislation and its effect on court process, looking at the impact of NAFTA and the EU in an historical and compelling analysis of discrimination.

"Making Rights a Reality? explores the way in which disability activists in the United Kingdom and Canada have transformed their aspirations into legal claims in their quest for equality. It unpacks shifting conceptualizations of the political identity of disability and the role of a rights discourse in these dynamics. In doing so, it delves into the diffusion of disability rights among grassroots organizations and the traditional disability charities. It then shows how the diffusion of this rights model of disability can explain how and why disability activists have deployed legal strategies in pursuit of their goals. The book draws on a wealth of primary sources including court records and campaign documents and encompassing interviews with more than sixty activists and legal experts. While showing that the disability rights movement has had a significant impact on equality jurisprudence in two countries, the book also demonstrates that the act of mobilizing rights can have consequences, both intended and unintended, for social movements themselves"--Provided by publisher

The stories in this collection give readers a chance to visualize and perhaps resolve these questions for themselves. Using the techniques of both fiction and creative non-fiction, the contributors bring to life the everyday problems that people with disabilities face. Rather than analyzing the law, the writers dramatize the complex set of issues underlying the ADA as it is practiced and interpreted around the country: at a small Southern college, in the Library of Congress, on a New York City sidewalk. The stories from these local battlegrounds form a unique portrait of a continuing struggle.

Intro -- FrontMatter -- Reviewers -- Acknowledgments -- Contents -- Boxes, Figure, and Table -- Acronyms and Abbreviations -- 1 Introduction -- 2 Overview -- 3 Voices of the Community -- 4 Provider and System Barriers -- 5 Exploring Models and Best Practices -- 6 Reflections on the Day -- References -- Appendix A: Workshop Agenda -- Appendix B: Workshop Speaker and Moderator Biographical Sketches

What was it like to be disabled in the Middle Ages? How did people become disabled? Did welfare support exist? This book discusses social and cultural factors affecting the lives of medieval crippled, deaf, mute and blind people, those nowadays collectively called ""disabled."" Although the word did not exist then, many of the experiences disabled people might have today can already be traced back to medieval social institutions and cultural attitudes.This volume informs our knowledge of the topic by investigating the impact medieval laws had on the social position of disabled people

Intro -- Preface -- Contents -- About the Editor and Contributors -- Editor -- Contributors -- Abbreviations -- Part I: Tripartite Disability Rights: A Theory -- Chapter 1: States, International Organisations, Other Sovereign Entities and the Architecture of Disability Rights: A Tripartite Approach? -- 1.1 Introduction -- 1.2 States, International Organisations, Sovereign Entities and the Establishment of Disability Rights and Duties -- 1.3 State Responsibility -- 1.3.1 Respecting Disability Rights -- 1.3.2 Protecting Disability Rights -- 1.3.3 Fulfilling Disability Rights -- 1.4 Responsibility of International Organisations -- 1.5 Responsibility of Other Sovereign Entities -- 1.6 Conclusion -- References -- Documents -- Cases -- Bibliography -- Chapter 2: Non-State Persons and Disability Rights and Duties -- 2.1 Introduction -- 2.2 Non-State Persons under the Convention on the Rights of Persons with Disabilities -- 2.3 NGOs and CRPD -- 2.4 Corporations -- 2.4.1 A Duty to Respect and Fulfil Disability Rights: General Initiatives -- 2.4.2 Initiatives Specifically Addressing People with Disabilities -- 2.4.3 Enforcement Mechanisms -- 2.5 Individuals and Disability Rights and Duties -- 2.5.1 Individuals and Disability Rights -- 2.5.2 Individuals and Duties to Those with Disabilities -- 2.6 Conclusion -- References -- Documents -- Bibliography -- Part II: Evolving Regulatory Areas -- Chapter 3: Right to Life v. Right to Health? Disability and Selective Abortion -- 3.1 Introduction -- 3.2 'Pro-life' v. 'Pro-choice' -- 3.2.1 The Question of the Beginning of Life: Comparative Dilemmas -- 3.2.2 Disability-Based Abortion -- 3.2.3 Case Study: The Situation in Poland -- 3.3 The Convention on the Rights of Persons with Disabilities and the 'Pro-life' v. 'Pro-choice' Debate.