scholarly journals Equality & Disability – A Charter Analysis

2012 ◽  
Vol 32 (1) ◽  
Author(s):  
Christopher A. Riddle
Keyword(s):  
Critical Analysis ◽  
Social Groups ◽  
People With Disabilities ◽  
Canadian Charter ◽  
Social Arrangements ◽  
Historically Situated ◽  
Equality Provision ◽  
Elusive Concept

<p>This article attempts to trace how the infuriatingly elusive concept of equality has been applied in the context of the Canadian Charter of Rights and Freedoms and more specifically, Section 15, commonly referred to as the equality provision. It suggests that a critical analysis of the historical application of this concept across various social groups of individuals (race, gender, disability) can bring to the forefront essential aspects of a notion of equality designed to promote justice for not only, but principally, people with disabilities. More pointedly, by distinguishing the differences in the application of the principle of equality in reference to the treatment of marginalized social groups, it argues that we might better uncover precisely what it is that is required of the institution of law when applying the equality provision. Ultimately, it arrives at the conclusion that decisions concerning people with disabilities tend to promote a lesser form of flourishing than those concerned with race or gender. This is the case for at least the two following omissions in disability-related judgments: (i) the recognition of the intrinsic worth of functionings; (ii) the recognition of historically situated prejudices and norm-constructed social arrangements.</p><p>Keywords</p><p>disability, charter, equality, race, gender</p>

scholarly journals The Alchemy of Equality Rights

2021 ◽  
Vol 30 (2) ◽  
pp. 53-84
Author(s):  
Joshua Sealy-Harrington
Keyword(s):  
British Columbia ◽  
Supreme Court ◽  
Precise Definition ◽  
Canadian Charter ◽  
Equality Rights ◽  
The Supreme Court ◽  
Legal Test ◽  
Elusive Concept

A clear legal test for equality is impossible, as it should be. Indeed were the test clear, it could not be for equality. It would have to be for something other than equality — in effect, for inequality. The abstract character of equality is not a new idea. In fact, the Supreme Court of Canada’s first decision under section 15 of the Canadian Charter of Rights and Freedoms1 recognized equality as “an elusive concept” that “lacks precise definition.”2 Why, then, do judges continue to demand such definition over thirty years later? The answer, at times, is politics. 1 s 15(1), Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter].2 Andrews v Law Society of British Columbia, [1989] 1 SCR 143 at 164, 56 DLR (4th) 1 [Andrews].

scholarly journals Chinese Maritime Politics in the 13th Century, Malay States and Javanese Imperium

2017 ◽  
Vol 2 (3) ◽  
pp. 343
Author(s):  
Saiful Hakam
Keyword(s):  
Critical Analysis ◽  
Social Groups ◽  
Native People ◽  
The Political ◽  
13Th Century ◽  
Cultural Changes ◽  
Internal Process ◽  
Native Culture ◽  
Mobile Capital ◽  
New Form

This study aims to explain about the rise of the Chinese trading culture, which is considered original at first then change progressively based on the internal process, and become damaged after making contacts with the native civilizations, is completely dissatisfying, though part of the truth is explained. Based on the critical analysis approach from the historical facts written by some scholars, the result of this study shows that the political and cultural changes were absolutely a sign of remarkable shock. Mongol conquests were contributed to these changes, though indirectly. Indian civilization was accepted by the native people, which then also influenced by the native culture. While the Islamic Nuance in Indian Ocean had been colored by Islamic nuance for approximately two centuries, wherein the trades in the middle and Chinese oceans were united naturally. Meanwhile Southeast Asia had grown rapidly after being involved in the hectic trading traffic. There were new social groups with the wealth of mobile capital, with a new spirit as the trades, in which in its development, there was a new form of state which was called as sultanate. One of the most important facts of that period is the rise of Java as a great sea power. Keywords:Chinese politic, Trading, Civilization

Recruiting and Retaining People With Disabilities for Qualitative Health Research: Challenges and Solutions

2019 ◽  
Vol 29 (7) ◽  
pp. 1056-1064 ◽  
Author(s):  
Jennifer R. Banas ◽  
Susan Magasi ◽  
Kim The ◽  
David E. Victorson
Keyword(s):  
Health Research ◽  
Critical Analysis ◽  
People With Disabilities ◽  
The United States ◽  
Community Based ◽  
Qualitative Health Research ◽  
Research Challenges ◽  
Participatory Health Research ◽  
Implicit And Explicit

There are 56.7 million people with disabilities (PWD) living in the United States; yet, PWD are significantly underrepresented in health research. Even when researchers purposively seek to include PWD in studies, challenges emerge related to recruitment and retention, leading to inadequate representation and surface understandings of this population. This in turn contributes to the perpetuation of implicit and explicit health disparities that are already experienced by this population. Grounded within a qualitative, community-based participatory health research framework, we highlight challenges associated with recruiting and retaining PWD in health research, including a critical analysis of the research enterprise structure, how this disables accessible research practices for PWD, and leads to continued skepticism among PWD regarding the value of participating in research. Finally, we propose solutions to create and maintain a culture of access and inclusion as well as long-term collaborative and equity-focused partnerships.

scholarly journals L'arrêt Morgentaler et l'article 7 de la Charte canadienne des droits et libertés

2005 ◽  
Vol 29 (3) ◽  
pp. 775-793
Author(s):  
Michael Hartney
Keyword(s):  
Supreme Court ◽  
Critical Analysis ◽  
Criminal Code ◽  
Main Question ◽  
Canadian Charter

The author provides a critical analysis of the recent Supreme Court judgment in the Morgentaler case. Focussing on an examination of the main question addressed to the Court, that is the compliance of Criminal Code Section 251 with the Canadian Charter, he examines the various motives that led the judges to declare Section 251 unconstitutional. While underlining various weaknesses in the judges' reasoning, he criticizes Section 7 as being too wide and a source of future confusion.

scholarly journals CREATING AN IMAGE OF PEOPLE WITH DISABILITIES IN LITERATURE LESSONS

2021 ◽  
pp. 104-114
Author(s):  
Nikoletta Gulya ◽  
◽  
Anikó Fehérvári ◽  
Keyword(s):  
Students With Disabilities ◽  
Inclusive Education ◽  
Primary Education ◽  
Social Groups ◽  
People With Disabilities ◽  
Negative Attitudes ◽  
Disabled Students ◽  
Literary Works ◽  
Cultural Contexts ◽  
Research Results

Inclusive education provides an opportunity for students with disabilities to learn with their non-disabled peers. However, inclusive classrooms do not guarantee that non-disabled students will accept or form friendships with students with disabilities. Therefore, there is a need for intervention that facilitates the acceptance of students with disabilities. Literary works are a readily available resource in education to help students learn about society's diversity and its cultural contexts, as long as they depict these social groups appropriately. This study aimed to identify the different recurring patterns of the disability conception within the content of youth literature in primary education, employing content analysis.The research results reveal that people with disabilities are extremely underrepresented and depicted stereotypically in the examined literary works. This representation can reinforce students' negative attitudes toward people with disabilities. Therefore, the stereotypical content should be clarified and discussed during the lessons.

Care, Oppression, and Marriage as Commitment

2017 ◽  
Author(s):  
Mara Marin
Keyword(s):  
Social Relation ◽  
Social Groups ◽  
Law Reform ◽  
Marriage Law ◽  
Change Over Time ◽  
Social Arrangements ◽  
Over Time

Chapter 4 argues that the sphere of intimate care, which takes shape around the practice of attending to each other’s needs, makes us vulnerable to each other. Providing care requires “skills of flexibility” because needs make demands at times that cannot be easily foreseen, change over time, and have to be interpreted. Under current social arrangements and understandings of value, the labor involved in exercising these skills is made invisible, and thus a condition of mutual vulnerability is disproportionately placed on caregivers. This creates two social groups, caregivers and care receivers, that stand in an oppressive, unjust social relation. Marriage law reform should be guided by the aim of remedying this form of injustice. Marriage law should be modeled on the notion of commitment, which would acknowledge the structural, social relational, and open-ended nature of the claims of justice made on behalf of caregivers.

scholarly journals REHABILITATION ENVIRONMENT FOR THE DISABLED: CONCEPTUALIZATION OF THE CONCEPT IN SOCIOLOGY

2021 ◽  
pp. 270-281
Author(s):  
Milana I. Grigoreva ◽  
Keyword(s):  
Social Services ◽  
Social Groups ◽  
People With Disabilities ◽  
Modern Society ◽  
External Factors ◽  
The Disabled ◽  
Rehabilitation Potential ◽  
Internal And External Factors ◽  
Different Levels

The article discusses the research approaches applied in sociology and the ideas of authors from other fields of scientific knowledge with regard to the problem of people with disabilities and understanding of the essence of the rehabilitation environment for them. The humanization of modern society, its orientation towards the development and activation of weakly protected social groups, traditionally considered discriminated, requires, in this regard, a rethinking of scientific approaches to the problem of the disabled and the creation of full-fledged living conditions for their functioning, including the possibility of timely reception of social services and rehabilitation technologies within the framework of rehabilitation environment. The practical absence of the concept of «rehabilitation environment for a disabled person» in modern sociological science enables us to conduct an appropriate analysis and substantiate the essence of this category based on the structural-functional, institutional, systemic, constructivist, phenomenological, and other approaches. Following the results of this analysis, we present the levels and structure of the rehabilitation environment for people with disabilities, formulate its main functions and principles, and also determine the internal and external factors that influence its functioning. We conclude that the rehabilitation environment for a disabled person is the interaction of various forms of social and rehabilitation relations based on the presence of special conditions and resources for the implementation of vital needs and rehabilitation requests focused on the actualization of the rehabilitation potential, on a decent quality of life. The main elements of the rehabilitation environment are rehabilitation institutions at different levels of management (macro-, meso-, microlevel) with clearly expressed functions of subject-object regulation, etc.

scholarly journals Neighbours of a family with a disabled person

2021 ◽  
Vol 19 (1) ◽  
pp. 51-60
Author(s):  
Beata Górnicka
Keyword(s):  
Social Exclusion ◽  
Social Groups ◽  
People With Disabilities ◽  
Social Changes ◽  
Negative Attitudes ◽  
The Social ◽  
The Family

Nowadays, social changes include the perception not only of disability itself, but also of a family with a disabled member. These changes concern the organisation of support for the family, which functions in the entire social ecosystem, including the closest social groups, e.g., the neighbourhood. Although this neighbourhood, which is also subject to changes, can become an invaluable source of support, unfortunately, it may also become an environment that contributes to the social exclusion of a family. In this paper, the author presents selected aspects of the co-existence of people with disabilities and their families with their neighbours. The paper used research on opinions about being the neighbour of a family with a disabled person, which included declarations of help or support really offered. The author asserts that a family with a disabled person can experience both positive and negative attitudes and behaviours from neighbours.

Introduction

Chosen Nation ◽  
2017 ◽  
Author(s):  
Benjamin W. Goossen
Keyword(s):  
The Netherlands ◽  
Social Groups ◽  
German Empire ◽  
Socially Constructed ◽  
The Reformation ◽  
Identity Markers ◽  
Historically Situated

This introductory chapter discusses how spokespersons in Germany had employed the language of nationalism to reconnect with pacifist coreligionists abroad. Depicting Mennonitism as the most Germanic form of Christianity, they posited the existence of a global German Mennonite diaspora. The confession's largest and most influential branches had developed during the Reformation, not in countries that would later form the German Empire, but in Switzerland and the Netherlands. The chapter, however, rejects traditional definitions of both religion and nationality, whether as immutable identity markers or as ideological forces, capable of generating uniform communities. Rather, it sees “collectivism”—the representation of social groups—as a contestatory process. Socially constructed and historically situated, religious and national cosmologies are negotiated at each moment.

scholarly journals A fogyatékosság reprezentációja az általános iskolák magyar irodalom tananyagához kapcsolódó irodalmi művekben

Educatio ◽  
2021 ◽  
Vol 29 (3) ◽  
pp. 379-393
Author(s):  
Nikoletta Mária Gulya ◽  
Anikó Fehérvári
Keyword(s):  
Content Analysis ◽  
Primary Education ◽  
Social Groups ◽  
Negative Attitude ◽  
People With Disabilities ◽  
Literary Works ◽  
Cultural Contexts ◽  
Youth Literature

Összefoglaló. Az irodalmi alkotások jól alkalmazhatók az oktatásban arra, hogy a tanulók megismerkedjenek a társadalom sokszínűségével és annak kulturális összefüggéseivel, amennyiben megfelelően ábrázolják ezeket a társadalmi csoportokat. Jelen írás célja, hogy a tartalomelemzés módszerével feltárja és elemezze a magyar általános iskolák tananyagához kapcsolódó irodalmi szemelvénye fogyatékossággal kapcsolatos tartalmait. A kutatás eredményei rávilágítanak, hogy a vizsgált irodalmi szemelvényekben a fogyatékossággal élő szereplők rendkívül alulreprezentáltak és sztereotip módon ábrázoltak, ezáltal erősíthetik a tanulók fogyatékossággal élő emberekkel kapcsolatos előítéleteit, így feldolgozásukkor hangsúlyt kell fektetni a sztereotip tartalmak tisztázására. Summary. Literary works are a readily available resource in education to help students learn about the diversity of society and its cultural contexts, as long as they depict these social groups appropriately. The study aimed to identify the different recurring patterns of the disability conception within the content of youth literature in primary education, employing content analysis. The results of the research reveal that in the examined literary works people with disabilities are extremely underrepresented and depicted stereotypically. This way of representation can reinforce students’ negative attitude towards people with disabilities, therefore the stereotypical content should be clarified and discussed during the lessons.

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