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Author: Anna Lawson
Publisher: Bloomsbury Publishing
ISBN: 1847314716
Category : Law
Languages : en
Pages : 352
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Book Description
The concept of reasonable adjustment (alternatively known as reasonable accommodation) is rapidly gaining significance for countries throughout Europe and beyond. Directive 2000/78 required all EU Member States to ensure that, by the end of 2006 at the latest, reasonable accommodation obligations would operate to protect disabled people from unequal treatment in the context of employment. The new United Nations Convention on the Rights of Persons with Disabilities will require ratifying States to impose such obligations in a broad range of situations. This book provides a detailed and critical analysis of the current and potential role of reasonable adjustment duties in British law. It explores the notion of the anticipatory reasonable adjustment duty - a notion which is, in many respects, distinctively British. It probes the relationship between reasonable adjustment and other concepts, including indirect discrimination and positive discrimination. Drawing particularly on US debates, potential sources of resistance to the duties are exposed and an attempt is made to suggest pre-emptive counter strategies. Attention is also given to issues of legal reform and rationalisation - issues of immense topicality and importance in view of the recent British move towards a single Equality Act. In short, this book examines the current and potential role of reasonable adjustment duties in Britain. It will be of interest to lawyers, policy-makers and students working in the field of disability rights. It will also be of interest to all those concerned with the operation and development of equality law and policy more generally, both in Britain and beyond.
Author: Anna Lawson
Publisher: Bloomsbury Publishing
ISBN: 1847314716
Category : Law
Languages : en
Pages : 352
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Book Description
The concept of reasonable adjustment (alternatively known as reasonable accommodation) is rapidly gaining significance for countries throughout Europe and beyond. Directive 2000/78 required all EU Member States to ensure that, by the end of 2006 at the latest, reasonable accommodation obligations would operate to protect disabled people from unequal treatment in the context of employment. The new United Nations Convention on the Rights of Persons with Disabilities will require ratifying States to impose such obligations in a broad range of situations. This book provides a detailed and critical analysis of the current and potential role of reasonable adjustment duties in British law. It explores the notion of the anticipatory reasonable adjustment duty - a notion which is, in many respects, distinctively British. It probes the relationship between reasonable adjustment and other concepts, including indirect discrimination and positive discrimination. Drawing particularly on US debates, potential sources of resistance to the duties are exposed and an attempt is made to suggest pre-emptive counter strategies. Attention is also given to issues of legal reform and rationalisation - issues of immense topicality and importance in view of the recent British move towards a single Equality Act. In short, this book examines the current and potential role of reasonable adjustment duties in Britain. It will be of interest to lawyers, policy-makers and students working in the field of disability rights. It will also be of interest to all those concerned with the operation and development of equality law and policy more generally, both in Britain and beyond.
Author: Paul Harpur
Publisher: Cambridge University Press
ISBN: 1108210570
Category : Political Science
Languages : en
Pages : 363
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Book Description
While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.
Author: Prof Dr Dagmar Schiek
Publisher: Ashgate Publishing, Ltd.
ISBN: 140949750X
Category : Law
Languages : en
Pages : 656
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Book Description
This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.
Author: Ruth Colker
Publisher:
ISBN: 9781632807632
Category : College administrators
Languages : en
Pages : 0
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Book Description
To view or download the 2020 Supplement to this book, click here. In 2013, LexisNexis published Colker and Grossman, The Law of Disability Discrimination, Eighth Edition. This new title is a remix of that popular law school textbook, updated in several important respects, and refocused to address more specifically the needs of the many individuals who are responsible for disability equality in higher education: disabled student services directors, ADA officers, house and contract counsel, human resource directors, college grievances officers, ombudspersons, federal and state compliance agents, organizational advocates, health and counseling service personnel, deans and faculty, etc.
Author: Marcia H. Rioux
Publisher: Martinus Nijhoff Publishers
ISBN: 9004189505
Category : Political Science
Languages : en
Pages : 569
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Book Description
This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.
Author: Alison Harris
Publisher: Oxfam Publications
ISBN: 0855984856
Category : Political Science
Languages : en
Pages : 342
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Book Description
This book's basic premise is that disabled people themselves know best what their needs are and that they should be involved in the planning and delivery of relief and development initiatives. The most effective support that agencies can offer is to empower them to claim their basic human rights and their civil and legal rights. The text is based on the experience of Oxfam staff working before, during and after the crisis in Kosovo; but its principles and practical training materials can be applied far more widely. Case studies from Africa and Asia arising from the work of Action and Disability and Development (ADD) show how the values of equality, empowerment and autonomy that are promoted by the social model of disability are universal in their relevance. It suggests practical materials particularly useful to trainers working in geographically isolated areas without access to sophisticated equipment. Most activities and exercises can be adapted for use in groups of people with a wide range of impairments and educational levels.
Author: ElizabethF. Emens
Publisher: Routledge
ISBN: 1351569384
Category : History
Languages : en
Pages : 577
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Book Description
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.
Author: Coomara Pyaneandee
Publisher: Routledge
ISBN: 042995185X
Category : Law
Languages : en
Pages : 233
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Book Description
This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.
Author: I. Glenn Cohen
Publisher: Cambridge University Press
ISBN: 1108485979
Category : Health & Fitness
Languages : en
Pages : 313
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Book Description
Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability.
Author: Arlene S. Kanter
Publisher: Routledge
ISBN: 1134444664
Category : Law
Languages : en
Pages : 360
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Book Description
The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.
