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. This book breaks new ground in its consideration of the way in which human rights principles can be applied in law and policy to achieve positive outcomes for people with disabilities.
With a foreword of
Professor Ron McCallum AO, 2010 Chair
United Nations Committee on the Rights of Persons with Disabilities.
The editors are legal and disability studies scholars who have used both individual experience with disability and contemporary disability theory to address the systemic nature of disability discrimination in law and judicial decision making. The outcomes and processes which promote the human rights principles of dignity, equality and inclusion in practice are explored through their work.
Marcia Rioux is a Professor in the School of Health Policy and Management; in the MA and PhD (Critical Disability Studies) and in the M.A./PhD in Health Policy and Equity at York University, Toronto. She is also the Director of the York University Institute of Health Research. She has published and consulted widely on disability, human rights, disability rights monitoring, and disability policy and law issues both nationally and internationally.
Lee Ann Basser is an Associate Professor in the School of Law at La Trobe University in Australia. She has researched and written extensively in the areas of Disability Law & Policy, Family Law and Children’s Rights as well as Health Law. She has particular expertise in comparative disability discrimination law and is internationally acclaimed in the area of education rights for children with disabilities.
Melinda Jones, a former Director of the Australian Human Rights Centre at the University of New South Wales, is an independent researcher and human rights lawyer. She has written extensively on human rights, particularly in the areas of disability, gender and race as well as being one of the authors of a key text on Australian Administrative Law.
"Representing perhaps the largest minority in the world, disabled people are still among the most marginalised in many societies.
Critical Perspectives on Human Rights and Disability Law is a valuable book that offers important guidance on how this situation can be altered."
Nordic Journal of Human Rights, 30:1 (2012), 107–109.
Table of contents
Ron McCallum ; Introduction;
Part 1 Human Rights Principles
1 Human Dignity
Lee Ann Basser;
2 Values in Disability Policy and Law: Equality
Marcia Rioux & Christopher A. Riddle;
3 Inclusion, Social Inclusion & Participation
Part 2 Advancing Dignity
4 Valuing All Lives – Even “Wrongful” Ones
5 Children at the Edge of Life: Parents, Doctors and Children’s Rights
6 Involuntary Treatment, Human Dignity and Human Rights
7 Sites of Exclusion: Disabled Women's Sexual Reproductive and Parenting Rights
Roxanne Mykitiuk & Ena Chadra;
8 Price v UK: The Importance of Human Rights Principles in Promoting the Rights of Disabled Prisoners in the United Kingdom
Part 3 Ensuring Equality
9 Beyond the Legal Smokescreen: Examining Equality Values in Sterilization Jurisprudence.
Marcia Rioux & Lora Patton;
10 The Role of Reasonable Accommodation in Securing Substantive Equality for Persons with Disabilities: The UN Convention on the Rights of Persons with Disabilities
Rebecca Brown & Janet Lord;
11 Legal Protection of Persons with Disabilities in Kenya: Human Rights Imperatives
12 Corporate Selective Reporting of Clinical Drug Trial Results as a Violation of the Right to Health
Aaron Dhir; Part 4 Promoting Inclusion and Participation
13 Political Participation for People with Disabilities
14 The Right to Live a Life Free of Violence for People with Disabilities
15 Standard Rules on Equality of Opportunities for Persons with Disabilities: Legal View of Provisions on Support Services, Auxiliary Resources and Training/ View from Latin America
Maria Soledad Cisternas Reyes;
16 Monitoring Human Rights: A Holistic Approach
Appendices: Appendix A: List of Significant Case
Appendix B: Cited Significant Rights Instruments