The Development of Disability Rights Under International Law

Kanter, Arlene S.

doi:10.4324/9780203711712

Cited by 40 publications

(12 citation statements)

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“…13 This specialised human rights convention states that old approaches of exclusion and rights denials are unacceptable, and that new norms of inclusion and equality are now required from States. 14 A key feature of the CRPD is the marked shift from society approaching persons with disabilities through charity, medical, or welfare lenses, 15 instead promoting the social model and human rights elements of disability. 16 Relevant to this paper, the social model has been adopted in article one of the CRPD to explain the role society has in disabling people with impairments.…”

Section: (A) Disability Human Rights Norms and Universitiesmentioning

confidence: 99%

Using the new disability human rights paradigm to create higher education leadership opportunities

Harpur

Szucs

2023

International Journal of Discrimination and the Law

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Driven by anti-discrimination laws and a desire to promote human rights, universities have made strategic efforts to support their students with disabilities and provided some support to their staff with disabilities. However, persons with disabilities are not visible in senior leadership positions in universities. It is time for change. The UN Convention on the Rights of Persons with Disabilities (CRPD) has established new human rights expectations that require representation of persons with disabilities across all of society, and at all levels, at percentages which reflect their proportion within the population. Even though States are slow to introduce regulatory reforms to transform society and realize ability equality, some in the higher education sector are seeking to go above compliance and move their institutions, and the broader sector, to a more inclusive place. This paper maps out the efforts led at one Australian institution to use existing structures in disability discrimination laws to provide leadership opportunities for persons with disabilities as a blueprint for further change.

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Section: (A) Disability Human Rights Norms and Universitiesmentioning

confidence: 99%

Using the new disability human rights paradigm to create higher education leadership opportunities

Harpur

Szucs

2023

International Journal of Discrimination and the Law

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“…The individual model would define the disability of someone in a wheelchair by reference to her physical inability to climb stairs, for example; the 'problem' of disability is located within the person. 37 A major criticism of the individual model approach is that it blames the person for her disability and helps to perpetuate stereotypes of disabled people as helpless, in need of either 'care or cure'. 38 This encourages an approach focusing on charity and welfare, rather than rights, 39 serving to increase stereotypes of dependence.…”

Section: The Relationship Between Disfigurement and Disabilitymentioning

confidence: 99%

Difficult distinctions in anti-discrimination law: Disfigurement, appearance and disability

Saunders

2020

International Journal of Discrimination and the Law

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The Equality Act 2010 provides that someone with a severe disfigurement may fall within the protected characteristic of disability. However, the parameters of the severe disfigurement provision remain uncertain. These parameters are under particular tension from the related concepts of appearance and disability, which partially overlap with disfigurement. This article argues that ‘disfigurement’ should be read as encompassing a broader range of appearance-altering conditions than has yet been recognised. Legal protection should extend beyond conditions such as scarring to include other visible differences. The personal, relative nature of disfigurement should also be recognised; disfigurement should not be viewed as a universal standard irrespective of context, but as a measure of the extent to which a particular person’s appearance is affected by an impairment. Resolving the underlying tension between the concepts of disability and appearance is key not just to addressing disfigurement but also other visible, stigmatised conditions, including obesity.

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“…That need is a global one, and it is not diminishing. When the CRPD was adopted in 2006, more countries signed the treaty on its opening day than any other treaty introduced in U.N. history (Kanter 2015 ). Of the 159 countries which have signed, 151 have ratifi ed the CRPD; 85 countries have ratifi ed the Optional Protocol.…”

Section: Coordination Support and Promotion: The Ongoing Missionmentioning

confidence: 99%

“…Article 5, for example, recognizes that: "in order to promote equality and eliminate discrimination, State Parties shall take all appropriate steps to ensure that reasonable accommodation is provided." (Kanter 2015 ) While the prevention component of the World Programme did not provide guidance for the measurement development process, the emphasis on rehabilitation and equalization of opportunity provided a wide range of possible purposes for the measures the WG would be developing (World Programme, http://www.un.org/disabilities/default.asp?id=23 ). The defi nitions of impairment, disability and handicap (terminology in use at that time) separated some of the conceptual components of the disabling process which could be represented by the body/structure, activity and participation/environment aspects of the ICF.…”

Section: Introductionmentioning

confidence: 99%

International Measurement of Disability

Altman¹

2016

Social Indicators Research Series

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This series aims to provide a public forum for single treatises and collections of papers on social indicators research that are too long to be published in our journal Social Indicators Research. Like the journal, the book series deals with statistical assessments of the quality of life from a broad perspective. It welcomes research on a wide variety of substantive areas, including health, crime, housing, education, family life, leisure activities, transportation, mobility, economics, work, religion and environmental issues. These areas of research will focus on the impact of key issues such as health on the overall quality of life and vice versa. An international review board, consisting of Ruut Veenhoven, Joachim Vogel, Ed Diener, Torbjorn Moum and Wolfgang Glatzer, will ensure the high quality of the series as a whole. This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made.

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The Development of Disability Rights Under International Law

Cited by 40 publications

References 0 publications

Using the new disability human rights paradigm to create higher education leadership opportunities

Using the new disability human rights paradigm to create higher education leadership opportunities

Difficult distinctions in anti-discrimination law: Disfigurement, appearance and disability

International Measurement of Disability

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