scholarly journals Legal Ableism, Interrupted: Developing Tort Law & Policy Alternatives to Wrongful Birth & Wrongful Life Claims

2018 ◽  
Vol 38 (2) ◽  
Author(s):  
Lydia X. Z. Brown
Keyword(s):  
Civil Rights ◽  
Assisted Suicide ◽  
Tort Law ◽  
Disabled People ◽  
Wrongful Life ◽  
Policy Alternatives ◽  
Alternative Means ◽  
History Of ◽  
Wrongful Birth ◽  
Policy Mechanisms

Early in 2016, the widely acclaimed film Me Before You premiered nationally to a spate of disabled-led protests against the ableism in the film's core story – that of a wealthy, physically disabled young man whose romantic and sexual relationship with a young woman hired as his caregiver (and quasi-maternal or mentoring figure) leads to his choice to kill himself to avoid living further while disabled, and to bequeath his assets to her. Protested as a "disability snuff film" by leading groups like Not Dead Yet, disabled activists lambasted the film for its glorification of assisted suicide as a brave and heroic choice because of the protagonist's disability – criticizing the writers for sending a very strong message that it is better to be dead than to live as disabled, however that might be defined or understood. U.S. law has often embodied that very same message despite the existence of civil rights protections for people with disabilities, and most particularly and glaringly in its adoption of wrongful birth and wrongful life claims as cognizable in tort. In this paper, I aim to provide brief context on the nature and history of wrongful birth and wrongful life claims, examine the myriad social harms toward disabled people that stem from their assertion, explore non-ableist purposes for which these claims might be brought, and propose potential legal and policy mechanisms as alternative means for achieving their possible legitimate purposes without reliance on them.

Northern Ireland

2017 ◽  
Author(s):  
Monica McWilliams ◽  
Avila Kilmurray
Keyword(s):  
Northern Ireland ◽  
Civil Rights ◽  
Women's Movement ◽  
Women's Activism ◽  
Peace Agreement ◽  
Institutional Dynamics ◽  
Good Friday ◽  
Post Conflict ◽  
Alternative Means ◽  
History Of

Women’s activism played an important role in conflict transformation in Northern Ireland, from the early civil rights activists to the development of the Northern Ireland Women’s Coalition political party. This chapter follows the history of activism in Northern Ireland, using the trajectory to illustrate how the exclusion of women from formal institutions resulted in a women’s movement that became an alternative means for creating change. It identifies important characteristics of women’s activism, including a willingness to build broad alliances in civil society and framing tactics that brought gender-specific interests to the peace process and the Good Friday peace agreement. As the chapter examines the successes and challenges of the post-conflict women’s movement in Northern Ireland, it reflects on the power of creativity and innovation in altering institutional dynamics during times of transition.

scholarly journals THE BIRTH TORTS: DAMAGES FOR WRONGFUL BIRTH AND WRONGFUL LIFE

2005 ◽  
Vol 10 (1) ◽  
pp. 319 ◽  
Author(s):  
DEAN STRETTON
Keyword(s):  
Tort Law ◽  
Title Page ◽  
Medical Negligence ◽  
Legal Systems ◽  
Disabled Children ◽  
Wrongful Life ◽  
Wrongful Birth

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>This article examines the capacity of parents of children (whether dis- abled or not) born as a result of medical negligence to sue for the costs associated with the birth and raising of the children (‘wrongful birth’), as well as the capacity of disabled children who owe their existence to medi- cal negligence to sue for the costs associated with the disability (‘wrong- ful life’). Many legal systems have allowed the first type of claim, but very few have allowed the second type. The author argues that allowing both types of claim is consistent with ordinary principles of tort law, and that there are no policy reasons that override this conclusion. Consequently, a range of damages ought to be available in relation to both types of claim.</span><span>] </span></p></div></div></div>

scholarly journals Wrongful Birth and Wrongful Life Action: Does Vietnamese Legal System Practice?

2020 ◽  
Vol 4 (3) ◽  
pp. p98
Author(s):  
Nguyen Thi Bao Anh ◽  
Truong Kim Phung
Keyword(s):  
Legal System ◽  
Medical Malpractice ◽  
Tort Law ◽  
Economic Damage ◽  
General Picture ◽  
Complex Issue ◽  
Legal Principles ◽  
Wrongful Life ◽  
Wrongful Birth ◽  
Exclusive Right

Wrongful birth and wrongful life is a complex issue of Tort law the world over. The vast majority of wrongful birth and wrongful life claims for medical malpractice are brought in the tort of negligence. Increasingly, parents have become more knowledgeable about the various reproductive options available, and there has evolved a body of jurisprudence that has defined and defended the exclusive right of individuals to make their own decisions about conception and childbearing. Besides, seeking damages (economic and non-economic damage) are also essential issues. By introducing and comparing the legal principles of some legal systems, the paper clarifies the general picture of wrongful birth and wrongful life action. This work seeks to answer the question, “does the Vietnamese legal system practice wrongful birth and wrongful life action?” To answer the question, the research paper applies the method of analyzing and comparing some tort law systems related to the content.

History of Fatty Acids Chemistry * *Mention of trade names or commercial products in this publication is solely for the purpose of providing specific information and does not imply recommendation or endorsement by the U.S. Department of Agriculture (USDA). USDA is an equal opportunity provider and employer. USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

Fatty Acids ◽  
2017 ◽  
pp. 1-22
Author(s):  
Gary R. List ◽  
James A. Kenar ◽  
Bryan R. Moser
Keyword(s):  
Civil Rights ◽  
Equal Opportunity ◽  
Specific Information ◽  
Washington Dc ◽  
Department Of Agriculture ◽  
Assistance Program ◽  
Persons With Disabilities ◽  
Alternative Means ◽  
History Of ◽  
Trade Names

Not as It Is Written

2020 ◽  
Vol 42 (2) ◽  
pp. 78-100
Author(s):  
Benjamin Houston
Keyword(s):  
African American ◽  
Civil Rights ◽  
Oral History ◽  
Civil Rights Movement ◽  
International Exhibition ◽  
Black Experience ◽  
American Perspective ◽  
History Of ◽  
Black Life ◽  
Made In

This article discusses an international exhibition that detailed the recent history of African Americans in Pittsburgh. Methodologically, the exhibition paired oral history excerpts with selected historic photographs to evoke a sense of Black life during the twentieth century. Thematically, showcasing the Black experience in Pittsburgh provided a chance to provoke among a wider public more nuanced understandings of the civil rights movement, an era particularly prone to problematic and superficial misreadings, but also to interject an African American perspective into the scholarship on deindustrializing cities, a literature which treats racism mostly in white-centric terms. This essay focuses on the choices made in reconciling these thematic and methodological dimensions when designing this exhibition.

History of political and civil rights of women in the United Kingdom

2019 ◽  
Vol 2019 (11) ◽  
pp. 135-139
Author(s):  
Maria Zhukova ◽  
Elena Maystrovich ◽  
Elena Muratova ◽  
Aleksey Fedyakin
Keyword(s):  
United Kingdom ◽  
Civil Rights ◽  
The United Kingdom ◽  
History Of

Borat, Multiculturalism,Mnogonatsional'nost

Slavic Review ◽  
2008 ◽  
Vol 67 (1) ◽  
pp. 19-34 ◽  
Author(s):  
Steven S. Lee
Keyword(s):  
Civil Rights ◽  
The Other ◽  
Final Part ◽  
Jewish American ◽  
Third Way ◽  
Slavoj Zizek ◽  
Slavoj Žižek ◽  
History Of ◽  
The One

In this article, Sacha Baron Cohen'sBoratappears as just the latest in a decades- long exchange between American and Soviet models of minority uplift: on the one side, civil rights and multiculturalism; on the other,druzhba narodov(the friendship of peoples) andmnogonatsional'nost’(multi-national- ness). Steven S. Lee argues diat, with Borat, multiculturalism seems to have emerged as the victor in this exchange, but that the film also hearkens to a not-too-distant Soviet alternative. Part 1 shows how Borat gels with recent leftist critiques of multiculturalism, spearheaded by Slovenian philosopher Slavoj żižek. Part 2 relates Borat to a largely submerged history of American minorities drawing hope from mnogonatsional'nost', as celebrated in Grigorii Aleksandrov's 1936 filmCircus.The final part presents Borat as choosing neither multiculturalism nor mnogonatsional'nost', but rather the continued opposition of the two, if not a “third way.” For a glimpse of what this might look like, the paper concludes with a discussion ofAbsurdistan(2006) by Soviet Jewish American novelist Gary Shteyngart.

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