13. Disability discrimination

2019 ◽  
pp. 241-256
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Disability And Health ◽  
Mental Impairment ◽  
Social Models ◽  
Disability Discrimination ◽  
Models Of Disability ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
The Future ◽  
The Law ◽  
Definition Of

This chapter deals with disability discrimination law under the Equality Act. It discusses the history and background of disability discrimination law, protected characteristics, prohibited conduct on grounds of disability discrimination, and issues such as who is the comparator. The chapter also covers key debates about how the law operates and how it might be improved in the future, and deals with the economic and social models of disability. Disability can refer to a physical or mental impairment, and the definition of disability includes reference to substantial impairment and day-to-day activities. The Equality Act covers the following in relation to disability: direct discrimination (including associative and perceptive discrimination), indirect discrimination, harassment, victimisation, discrimination arising from disability, duty to make reasonable adjustments, and enquiries about disability and health.

14. Discrimination and Health and Safety

2019 ◽  
pp. 396-418
Author(s):  
Lucy Jones
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Health And Safety ◽  
Employment Law ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Positive Action ◽  
Positive Discrimination ◽  
The Law ◽  
The Difference

This chapter considers the employment law aspects of discrimination and health and safety. It discusses the meaning of the protected characteristics which were brought together under the Equality Act 2010 and considers prohibited conduct under the Act. It explains the difference between direct and indirect discrimination and when direct discrimination can be justified. The chapter discusses the difference between positive action and positive discrimination and the interaction between protected characteristics and prohibited conduct. It also explains the law relating to harassment and victimization. The chapter concludes with a discussion of the law covering health and safety in the workplace, looking at both criminal law and civil law.

Predictive Medical Information and Underwriting

2007 ◽  
Vol 35 (S2) ◽  
pp. 36-39 ◽  
Author(s):  
John H. Dodge
Keyword(s):  
Americans With Disabilities Act ◽  
Medical Information ◽  
Disability Insurance ◽  
Insurance Companies ◽  
Medical Conditions ◽  
Mental Impairment ◽  
Major Life ◽  
The Future ◽  
Future Risk ◽  
Definition Of

Predictive medical information is used by underwriters to assess the future risk of a claim in medically based insurance products such as health, life, and disability insurance. Medical underwriting involves the science of evaluating medical information to determine the risk for groups of individuals with various medical conditions. In disability insurance, this involves an evaluation of medical information to predict the risk of becoming disabled.Before discussing medical underwriting, an understanding of certain terms used by disability insurance companies and the products that are available is required. The first is the definition of disability. The Americans with Disabilities Act (ADA) defines disability as the following:A physical or mental impairment that substantially limits one or more of the major life activities; or has a record of such an impairment; or is regarded as having such an impairment even when no impairment exists, no substantial limitation results from the impairment, or the impairment is only substantially limiting because of the attitudes of others.

scholarly journals Children in Conflict with the Law (Study in Correctional Center Medan)

2018 ◽  
Vol 5 (11) ◽  
pp. 5090-5095
Author(s):  
Marlina . ◽  
Mahmud Mulyadi ◽  
Nurmalawaty .
Keyword(s):  
New York ◽  
Juvenile Court ◽  
Social Influences ◽  
South Australia ◽  
The United States ◽  
Economic Activities ◽  
The Future ◽  
The Law ◽  
The Government ◽  
Definition Of

Children are living beings who have limitations and need protection from others. Definition of a child in criminal law, a child in conflict with the law hereinafter referred to as a child who is 12 (twelve) years old, but not reach 18 (eighteen) years old who is suspected of committing a crime. In the United Kingdom children age from zero years to 18 years.[1] In the United States, namely New York and Vermont, someone who has not reached the age of 16 is still referred to a juvenile court.[2]  In Scotland the child is a person aged 7 years to 15 years old so that someone is tried in a juvenile justice. In South Australia children aged 8 years to 18 years old and in Canada someone is under 12 years old.[3] There are differences in understanding of children of each country, due to differences in social influences of child development, because the social and cultural and economic activities of each country are different. Even though things have an influence on the level of maturity of a child. It shows that social influences, social and cultural activities must be the concern of the government and society to prevent children from becoming delinquent. According to Nicholas McBala[4]  childhood is a period of life development, also a period of limited ability to harm others. Status and condition of children in Indonesia is paradoxical. Ideally, children are the heirs and progressors of the nation's future. In real terms, the situation of Indonesian children is still and continues to deteriorate. The world of children that should be colored by play activities, learning and developing their interests and talents for the future, the reality is colored by dark and sad data.[5] Children still and continue to deal with the law both as victims and as perpetrators. This condition requires special attention from all components of society and the government to protect and supervise the growth of Indonesian children. So that children are not faced with the law because of doing deviant actions. The direction of legal policy aims to make law a rule that provides protection for the rights of citizens and guarantees future life in the future.[6]    

China's national security law extends state powers

2015 ◽  
Keyword(s):  
National Security ◽  
The United States ◽  
Internet Security ◽  
Negative Consequences ◽  
Content Type ◽  
Indirect Discrimination ◽  
Negative Publicity ◽  
The Law ◽  
Definition Of ◽  
Legal Barriers

Significance The Law has received much negative publicity internationally for its broad definition of national security, which implies wide latitude for authorities at all levels to intervene in economic, social and cultural activities in the name of national security. The Law's passage indicates growing conservatism that will have negative consequences for business and for economic reforms of the sort Western governments and businesses want. Impacts The Law is a new source of tension with the United States and China's neighbours. Public expression will be further restricted and there will be less room for independent actors. Draft legislation on foreign investment, internet security and foreign NGOs will reinforce the conservative agenda. Even companies that face no legal barriers may face indirect discrimination.

scholarly journals Conceptualizing Addiction as Disability in Discrimination Law: A Situated Comparison

2018 ◽  
Vol 46 (1) ◽  
pp. 58-77 ◽  
Author(s):  
Rebecca Bunn
Keyword(s):  
Human Rights ◽  
People With Disabilities ◽  
Legal Practice ◽  
Daily Lives ◽  
Disability Discrimination ◽  
The Law ◽  
Definition Of

People labeled as having an addiction and people with disabilities face significant discrimination in their daily lives. In countries where targeted disability discrimination law is applied, it is often assumed that including addiction in the definition of disability will protect those labeled as having an addiction from discrimination. Several scholars have considered the effects of excluding addiction from the remit of discrimination law, but there has been less work examining the consequences—both positive and negative—of including addiction. Using the method of “situated comparisons” developed by intersectionality scholars, this article interrogates how addiction and disability are co-constituted in two contrasting legal and geographical contexts, where people labeled as having an addiction have sought to assert their right to equality before the law. By comparing the application of targeted discrimination law in Australia with a human rights charter in Canada, it demonstrates how systems of power such as ableism and neoliberalism work through the law to co-constitute addiction and disability in ways that are stigmatizing, even within legal approaches that aim to eliminate discrimination. Furthermore, the law, in both contexts, fails to recognize the intersectional nature of discrimination often experienced by these groups. The article contends that conceptualizing addiction as a disability will not necessarily reduce the discrimination faced by people labeled as having an addiction and concludes with recommendations for both policy and legal practice.

14. Discrimination and Health and Safety

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Health And Safety ◽  
Employment Law ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Positive Action ◽  
Positive Discrimination ◽  
The Law ◽  
The Difference

This chapter considers the employment law aspects of discrimination and health and safety. It discusses the meaning of the protected characteristics which were brought together under the Equality Act 2010 and considers prohibited conduct under the Act. It explains the difference between direct and indirect discrimination and when direct discrimination can be justified. The chapter discusses the difference between positive action and positive discrimination and the interaction between protected characteristics and prohibited conduct. It also explains the law relating to harassment and victimisation. The chapter concludes with a discussion of the law covering health and safety in the workplace, looking at both criminal law and civil law.

Discrimination

2017 ◽  
Author(s):  
Frej Klem Thomsen
Keyword(s):  
Moral Status ◽  
Statistical Discrimination ◽  
Differential Treatment ◽  
Clear Distinction ◽  
Inequality Of Opportunity ◽  
Open Problems ◽  
Open Questions ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Definition Of

The conceptualization and moral analysis of discrimination constitutes a burgeoning theoretical field, with a number of open problems and a rapidly developing literature. A central problem is how to define discrimination, both in its most basic direct sense and in the most prominent variations. A plausible definition of the basic sense of the word understands discrimination as disadvantageous differential treatment of two groups that is in some respect caused by the properties that distinguish the groups, but open questions remain on whether discrimination should be restricted to concern only particular groups, as well as on whether it is best conceived as a descriptive or a moralized concept. Furthermore, since this understanding limits direct discrimination to cases of differential treatment, it requires that we be able to draw a clear distinction between equal and differential treatment, a task that is less simple than it may appear, but that is helpful in clarifying indirect discrimination and statistical discrimination. The second major problem in theorizing discrimination is explaining what makes discrimination morally wrong. On this issue, there are four dominant contemporary answers: the valuational and expressive disrespect accounts, which hold that discrimination is wrong when and if the discriminator misestimates or expresses a misestimate of the moral status of the discriminatee; the unfairness account, which holds that discrimination is wrong when and if the discriminator unfairly increases inequality of opportunity; and the harm account, which holds that discrimination is wrong when and if the discriminator harms the discriminatee. Each of these accounts, however, faces important challenges in simultaneously providing a persuasive theoretical account and matching our intuitions about cases of impermissible discrimination.

scholarly journals Unconscious bias and the medical model: How the social model may hold the key to transformative thinking about disability discrimination

2019 ◽  
Vol 19 (1) ◽  
pp. 26-47 ◽  
Author(s):  
Stephen Bunbury
Keyword(s):  
Medical Model ◽  
Social Model ◽  
Disabled People ◽  
Unconscious Bias ◽  
Disability Discrimination ◽  
Critical Theories ◽  
The Social ◽  
The Law ◽  
People’S Attitudes ◽  
Definition Of

This article seeks to gain access to a new way to engage with disability discrimination and the legal approaches to it by focusing on the two central models: the medical and social models. It discusses how the law has based the definition of disability on the medical model and suggests that this may strengthen some of the underlying factors that contribute to segregation and discrimination of disabled people. This article argues that the law should now switch focus to the social model, in an attempt to transform people’s attitudes towards disabled people and become a positive force to reduce discrimination. It makes reference to the reasonable adjustment duty contained in sections 20 and 21 Equality Act 2010, the Framework Directive and by way of comparison the American with Disabilities Act 1990. Relevant critical theories are integrated as a means to explore the conception and the hierarchy that exist between able-bodied individuals and disabled individuals.

Challenges of Fear Conditioning Research in the Age of RDoC

2017 ◽  
Vol 225 (3) ◽  
pp. 189-199 ◽  
Author(s):  
Tina B. Lonsdorf ◽  
Jan Richter
Keyword(s):  
Fear Conditioning ◽  
Clinical Diagnosis ◽  
Research Domain Criteria ◽  
Major Focus ◽  
The Future ◽  
Definition Of ◽  
Methodological Considerations ◽  
Research Domain

Abstract. As the criticism of the definition of the phenotype (i.e., clinical diagnosis) represents the major focus of the Research Domain Criteria (RDoC) initiative, it is somewhat surprising that discussions have not yet focused more on specific conceptual and procedural considerations of the suggested RDoC constructs, sub-constructs, and associated paradigms. We argue that we need more precise thinking as well as a conceptual and methodological discussion of RDoC domains and constructs, their interrelationships as well as their experimental operationalization and nomenclature. The present work is intended to start such a debate using fear conditioning as an example. Thereby, we aim to provide thought-provoking impulses on the role of fear conditioning in the age of RDoC as well as conceptual and methodological considerations and suggestions to guide RDoC-based fear conditioning research in the future.

Neuroethics

2017 ◽  
Keyword(s):  
Brain Function ◽  
Ethical Issues ◽  
Wearable Technologies ◽  
Definition Of Death ◽  
Populations At Risk ◽  
The Future ◽  
Aging Adults ◽  
Definition Of ◽  
The Brain ◽  
New Criteria

We have new answers to how the brain works and tools which can now monitor and manipulate brain function. Rapid advances in neuroscience raise critical questions with which society must grapple. What new balances must be struck between diagnosis and prediction, and invasive and noninvasive interventions? Are new criteria needed for the clinical definition of death in cases where individuals are eligible for organ donation? How will new mobile and wearable technologies affect the future of growing children and aging adults? To what extent is society responsible for protecting populations at risk from environmental neurotoxins? As data from emerging technologies converge and are made available on public databases, what frameworks and policies will maximize benefits while ensuring privacy of health information? And how can people and communities with different values and perspectives be maximally engaged in these important questions? Neuroethics: Anticipating the Future is written by scholars from diverse disciplines—neurology and neuroscience, ethics and law, public health, sociology, and philosophy. With its forward-looking insights and considerations for the future, the book examines the most pressing current ethical issues.

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