Processing Disability

If Not Now, Then When? Taking Disability Seriously in Bioethics

“…At the time, the ADA was hailed as an "emancipation proclamation" for people with disabilities and a "'landmark' moment" of a new order due to its hard-won protections. 56 Indeed, as depicted in the movie Crip Camp, 57 it took an organized and tireless disability rights movement, coupled with advocacy, to outline how the previous laws were insufficient in providing people with disabilities access to public spaces and employment opportunities. One of the primary legislative missions of the ADA was to put teeth into employment protections previously outlined in the 1973 Rehabilitation Act, which were not being enforced and had not been extended to private employers.…”

“…By addressing the employment issue explicitly alongside previous wrongs, the ADA, it was thought, could "assure equality of opportunity, full participation, independent living and economic self-sufficiency for such individuals." 58 Although these goals were intended and lauded by those championing for rights for people with disabilities, there is much evidence to suggest that the law itself, while focused on discrimination, can-not by its design create or mandate inclusion.…”

“…Indeed, some scholars argue that the ADA in effect pushed some problems, such as abuse and mistreatment of people with disabilities, back into private spaces, for example, guardianship proceedings, where individuals are less able to collect and where discrimination by others is less visible. 61 In fact, issues with guardianship proceedings and guardianship's cousin, conservatorship, have recently been reborn in the public consciousness through highprofile cases like Brittany Spears's. Although Spears's journey may be unique, her situation raises a multitude of concerns for people with disabilities under conservatorships: the loss of the dignity of risk (which concerns honoring an individual's choices even when they pose potential harms), 62 the loss of basic human rights (including the rights to counsel and to parent), and the conservator's ability to retain control without real appeal or reexamination.…”

“…Passed in July 1990, the ADA was targeted at providing people with disabilities greater access to public services and accommodations, as well as certain protections against discrimination. At the time, the ADA was hailed as an “emancipation proclamation” for people with disabilities and a “‘landmark’ moment” of a new order due to its hard‐won protections 56 . Indeed, as depicted in the movie Crip Camp , 57 it took an organized and tireless disability rights movement, coupled with advocacy, to outline how the previous laws were insufficient in providing people with disabilities access to public spaces and employment opportunities.…”