scholarly journals Ewolucja pojęcia niepełnosprawności na gruncie prawa polskiego

2020 ◽  
Vol 30 ◽  
pp. 246-253
Author(s):  
Michał Skóra ◽  
Keyword(s):  
Modern Society ◽  
Social Model ◽  
Legal Regulations ◽  
Disabled People ◽  
Social Model Of Disability ◽  
National Legislation ◽  
The Social ◽  
Definition Of

Disability is one of the greatest problems of modern society. It is a multidimensional phenomenon, as evidenced by numerous classifications and definitions of disability, created by representatives of various fields of science. The medical and social model of disability is adopted in the literature. Analyzing legal regulations, it should be stated that the social model of disability prevails, i.e. limitations concerning disabled people and their ability to function in society. The author describes the definition of disability on the basis of national legislation.

scholarly journals Daouidi v Bootes Plus SL and the Concept of ‘Disability’ in EU Anti-Discrimination Law

2019 ◽  
Vol 10 (1) ◽  
pp. 69-84 ◽  
Author(s):  
Delia Ferri
Keyword(s):  
Medical Model ◽  
Social Model ◽  
Social Model Of Disability ◽  
Attitudinal Barriers ◽  
Direct Discrimination ◽  
The Social ◽  
Social Environmental ◽  
Definition Of ◽  
First Time

Daouidi v Bootes Plus SL is one the latest decisions in which the CJEU has been directly confronted with the concept of disability in the realm of EU anti-discrimination legislation. In particular, in this judgment, the Court attempted to identify when the dismissal of a worker due to temporary incapacity of an unknown duration may constitute direct discrimination on the grounds of disability. This decision appears to be significant in that, for the first time, the CJEU discusses the meaning of ‘long-term limitation’ for the purpose of Directive 2000/78. Although the Court treads carefully, it attempts to further elucidate and bring new elements to the definition of disability in EU anti-discrimination law. In spite of the fact that the Court is potentially widening the notion of disability, it appears, once again, quite reticent in its approach to the role of social, environmental and attitudinal barriers in disabling an individual, and remains somewhat ‘trapped’ in the medical model of disability. All in all, this analysis endeavors to highlight that the CJEU is struggling to move beyond a rhetorical recognition of the social model of disability and to apply this in practice.

scholarly journals Tracing the Boundaries between Disability and Sickness in the European Union: Squaring the Circle?

2016 ◽  
Vol 23 (1) ◽  
pp. 5-35
Author(s):  
Silvia Favalli ◽  
Delia Ferri
Keyword(s):  
European Union ◽  
Case Law ◽  
Social Model ◽  
The European Union ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Court Of Justice ◽  
The Social ◽  
Definition Of ◽  
Employment Equality

In recent years the European Union (eu) has sought to develop a far-reaching policy regarding persons with disabilities. However, to date, eu non-discrimination legislation does not provide any clear legal definition of what constitutes a disability. The Court of Justice of the European Union (cjeu) has attempted to fill this gap and, in several decisions, has elaborated on the concept of disability and its meaning under eu law. The cjeu, with reference to the application of the Employment Equality Directive, has explained the notion of disability mainly by comparing and contrasting it to the concept of sickness. Against this background, this article critically discusses recent case law and attempts to highlight that, even though the Court has firmly embraced the social model of disability envisaged by the un Convention on the Rights of Persons with Disabilities, the boundaries between the concepts of sickness and disability remain blurred.

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.

Disability, Society, and Personal Transformation

2020 ◽  
pp. 1-26
Author(s):  
Sean Aas
Keyword(s):  
Social Institutions ◽  
Personal Transformation ◽  
Social Conditions ◽  
Social Model ◽  
Social Response ◽  
Disabled People ◽  
Social Model Of Disability ◽  
Symbolic Resources ◽  
The Social ◽  
Bodily Difference

The social model of disability claims that disadvantage from disability is primarily a result of the social response to bodily difference. Social modellers typically draw two normative conclusions: first, that society has a responsibility to address disability disadvantage as a matter of justice, not charity; second, that the appropriate way of addressing this disadvantage is to change social institutions themselves, to better fit for bodily difference, rather than to normalize bodies to fit existing institutions. This paper offers a qualified defense of both inferences. Social institutions have reasons of justice to fix disability disadvantage, because the choice of institutions that contingently favor those whose bodies are statistically typical incurs responsibilities to compensate those who disfavored, in that choice. Among other things, this responsibility implies that societies should not simultaneously materially disadvantage disabled people, and also withhold symbolic resources, by demanding a presumption in favor of personal transformation – thereby, undermining the social conditions for disability pride.

scholarly journals An Overview of Current Library Support for Readers with Special Needs

2004 ◽  
Vol 4 (1) ◽  
pp. 54-56
Author(s):  
Katherine Read
Keyword(s):  
Special Needs ◽  
Social Model ◽  
Disabled People ◽  
Social Model Of Disability ◽  
Wheelchair Users ◽  
The Social ◽  
Library Support

The Social Model of Disability sees “disabled people disabled by physical, organisational and/or attitudinal/behavioural barriers in society. For instance it is not an inability to climb stairs that excludes wheelchair users from accessing the different floors of a library but the fact that a lift or ramp is not provided in the first place” (Jones, 2002)

scholarly journals Analysing the Definition of Disability in the UN Convention on the Rights of Persons with Disabilities: is it really based on a 'Social Model' approach?

2017 ◽  
Vol 2017 (23) ◽  
pp. 25 ◽  
Author(s):  
Katerina Kazou
Keyword(s):  
Social Situation ◽  
Social Model ◽  
International Classification Of Functioning ◽  
Personal Factors ◽  
Environmental Barriers ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
The Social ◽  
Wide Range ◽  
Definition Of

This article challenges the generally accepted view that the UN Convention on the Rights of Persons with Disabilities 2006 (CRPD) is based on the ‘social model of disability’. The ‘social model’ understands disability as a social situation, and particularly a form of social oppression imposed on people with impairments, which is caused by social and environmental barriers that exclude them from participating in society and which is entirely distinguished from their individual impairment. The article argues that the definition of disability in the CRPD is closer to the definition provided in WHO’s International Classification of Functioning, Disability and Health (ICF). The ICF understands disability as the multi-dimensional and interactive experience of a wide range of difficulties in functioning; in particular, these difficulties include impairments, limitations in performing activities and restrictions in participating in life situations, and arise out of the complex interaction between health conditions, personal factors and barriers in the physical and social environment. Associating the CRPD with the ICF rather than the ‘social model’ might have positive implications for its implementation, as it can avoid the criticism faced by the ‘social model’ for its limitations, especially for considering impairment as being entirely irrelevant to the experience of disability, and therefore governments and policy makers might be less sceptical towards the CRPD and more willing to engage with it. At the same time, the valuable insights of the ‘social model’ regarding the disabling effect of social and environmental barriers can be retained, as the ICF recognises this too, but without ignoring the relevance of impairment to the experience of disability or minimising the health needs of persons with disabilities.

scholarly journals Non-disabled ableism: An autoethnography of cultural encounters between a non-disabled researcher and disabled people in the field

2017 ◽  
Author(s):  
Rannveig Svendby ◽  
Grace Inga Romsland ◽  
Kåre Moen
Keyword(s):  
Young Adults ◽  
Critical Theory ◽  
Qualitative Study ◽  
Social Model ◽  
Disabled People ◽  
Cultural Encounters ◽  
Social Model Of Disability ◽  
The Social ◽  
Entry Points ◽  
Nuanced Understanding

This article describes situations where preconceptions about disabled people were made apparent in a non-disabled researcher’s thoughts, words and actions in the course of fieldwork for a qualitative study into the lives of disabled young adults. The article uses these experiences as entry points to discovery and analysis of cultural ableism. It draws on critical theory and insights from the social model of disability, and takes an autoethnographic approach to highlight the researcher’s preconceptions and her process towards a more nuanced understanding of disability.

Responses of the Occupational Therapy Profession to the Perspective of the Disability Movement, Part 1

1996 ◽  
Vol 59 (1) ◽  
pp. 17-22 ◽  
Author(s):  
Judith Craddock
Keyword(s):  
Occupational Therapy ◽  
Independent Living ◽  
Medical Model ◽  
Social Model ◽  
Disabled People ◽  
Social Model Of Disability ◽  
The Social ◽  
Occupational Therapy Interventions ◽  
The Impact ◽  
Disability Movement

Since the 1960s, people with disabilities have been developing their own perspective on what it means to be disabled. At the vanguard of this development was the independent living movement which, with other organisations of disabled people, identified disabled people as a group experiencing a particular oppression, disabled by social processes and handicapped by society's lack of commitment to the creation of enabling environments. Part 1 of this article examines the genesis and development of the disability movement. The ideas and analysis that the disability movement has generated and its critique of the medical model of disability are outlined, and its impact — both ideological and legislative — is reviewed. The changing professional philosophy of occupational therapy is described and the impact on it of changing social values is assessed. Part 2 will review the explicit responses of the occupational therapy profession to the disability movement. The validity of the social model of disability for occupational therapy interventions will be considered and an analysis will be presented of the implications for the profession's philosophy and practice of the adoption of the social model of disability in appropriate areas of practice.

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