scholarly journals A Comparative View of Equality Under the UN Convention on the Rights of PERSONS with Disabilities and the Disability Laws of the United States and Canada

2015 ◽  
Vol 32 (2) ◽  
pp. 65
Author(s):  
Arlene S Kanter
Keyword(s):  
United States ◽  
People With Disabilities ◽  
The United States ◽  
Persons With Disabilities ◽  
Milieu De Travail ◽  
Substantive Equality ◽  
Reasonable Accommodations ◽  
Personnes Handicapées ◽  
Maintien Dans L’Emploi ◽  
The Right

In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities [CRPD], the first international treaty addressing specifically the rights of people with disabilities, including in the workplace.  The purpose of the CRPD is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity....” The CRPD has been ratified by 160 countries, including Canada, but not yet by the United States. Article 27 of the CRPD, entitled Work and Employment, prohibits not only discrimination against people with disabilities in employment, but also the right of people with disabilities to reasonable accommodations, equal remuneration for work of equal value, safe and healthy working conditions,  assistance in finding, obtaining, maintaining and returning to employment,  rehabilitation, job retention and return-to-work programmes,  as well as affirmative action programmes, incentives and other measures to promote equal employment opportunities. As compared to the Americans with Disabilities Act and the Canadian Charter, the CRPD, therefore, goes beyond prohibiting discrimination and instead seeks to ensure greater substantive equality for people with disabilities in the workplace.  As such, the author proposes that both US and Canadian legislatures and courts should look to the CRPD to help their respective countries move beyond traditional notions of formal equality towards a new right to substantive equality in the workplace for people with disabilities.En 2006, les Nations Unies ont adopté la Convention relative aux droits des personnes handicapées [CDPH], le premier traité international portant explicitement sur les droits des personnes handicapées, y compris les droits dans le milieu de travail. La CDPH a pour objet de « promouvoir, protéger et assurer la pleine et égale jouissance de tous les droits de l’homme et de toutes les libertés fondamentales par les personnes handicapées et de promouvoir le respect de leur dignité intrinsèque […] ». La CDPH a été ratifiée par 160 pays, dont le Canada, mais les États-Unis ne l’ont pas encore ratifiée. En plus d’interdire la discrimination fondée sur le handicap dans tout ce qui a trait à l’emploi, l’article 27 de la CDPH, intitulé « Travail et emploi », protège le droit des personnes handicapées de bénéficier d’aménagements raisonnables, de l’égalité de rémunération à travail égal ainsi que de la sécurité et de l’hygiène sur les lieux de travail, le droit d’obtenir de l’aide liée à la recherche et à l’obtention d’un emploi, au maintien dans l’emploi et au retour à l’emploi, l’accès à des programmes de réadaptation, de maintien dans l’emploi, de retour à l’emploi et d’action positive, de même que l’accès à des incitations et à d’autres mesures visant à promouvoir l’égalité des chances dans l’emploi. En conséquence, comparativement à l’Americans with Disabilities Act et à la Charte canadienne, la CDPH va plus loin qu’interdire la discrimination et vise à assurer une plus grande égalité réelle pour les personnes handicapées dans le milieu de travail. C’est pourquoi l’auteur propose que les assemblées législatives et les tribunaux des États-Unis et du Canada examinent la CDPH afin d’aider les instances décisionnelles de leurs pays respectifs à dépasser les notions traditionnelles de l’égalité formelle et à promouvoir un nouveau droit à l’égalité réelle dans le milieu de travail pour les personnes handicapées.

There's No Place Like Home: The Right to Live in the Community for People with Disabilities, Under International Law and the Domestic Laws of the United States and Israel

2012 ◽  
Vol 45 (2) ◽  
pp. 181-233 ◽  
Author(s):  
Arlene S Kanter
Keyword(s):  
United States ◽  
International Law ◽  
People With Disabilities ◽  
The United States ◽  
Community Living ◽  
Equal Rights ◽  
Persons With Disabilities ◽  
The Us ◽  
The Right ◽  
Legal Right

This article explores the developing ‘right to live in the community’ for people with disabilities under international law and the domestic laws of two countries: the United States and Israel. In 2006, the United Nations adopted the Convention on the Rights of People with Disabilities (CRPD). This Convention embraces a human rights approach to disability, based on the principles of equality, dignity, freedom and inclusion. Based on these principles, Article 19 of the CRPD includes a specific right of all people with disabilities ‘to live in the community, with choices equal to others’. The author argues that the mandate of community living in Article 19 supports an explicit legal right of all people with disabilities not only to live in the community, but to choose where to live and with whom, and with supports, as needed. This new international legal right to live in one's home in the community also advances the goals and principles of the domestic laws of the US and Israel.In the US, the Americans with Disabilities Act (ADA) protects the right of people with disabilities to receive services in ‘the most integrated’ setting. Relying on this ‘integration mandate’, the US Supreme Court, in 1999, upheld a limited right of people with disabilities to live in the community inOlmstead v LC and EW. In Israel, the Parliament (Knesset) enacted a law similar to the ADA in 1998. This law, the Equal Rights of Persons with Disabilities Law (‘Equal Rights Law’) includes a general right of people with disabilities to equality and non-discrimination. Although the current version of the Equal Rights Law does not include a specific article on the right to live in the community, the basis for such a right may be found in other articles of the law as well as other Israeli laws. In addition, in the recent case ofLior Levy et al., the Israeli High Court of Justice was asked to consider the right to live in the community under Israeli law. While the Court in this case recognised a limited right to live in the community, it failed to invalidate as discriminatory the Israeli government's policy of placing people with disabilities in large institution-like hostels rather than in homes in the community. The author concludes the article with a discussion of the scope and meaning of community living and the extent to which institutions, as well as community housing that functions just like institutions, should be prohibited under the CRPD as well as under US and Israeli law.

scholarly journals THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES IN CANADIAN AND AMERICAN JURISPRUDENCE

2015 ◽  
Vol 32 (2) ◽  
pp. 1
Author(s):  
Ravi Malhotra
Keyword(s):  
United States ◽  
Americans With Disabilities Act ◽  
The United States ◽  
United States Senate ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Domestic Courts ◽  
Défense Des Droits ◽  
Personnes Handicapées ◽  
Droit International

In this paper, I explore the still evolving jurisprudence with respect to the Convention on the Rights of Persons with Disabilities [CRPD] in Canada and the United States. I argue that the Canadian disability rights movement has always been open to insights from international law. Although the 1990 passage of the landmark Americans with Disabilities Act [ADA] has had an impact internationally as other countries enact similar legislation, the CRPD, which the United States Senate has yet to ratify, has played a marginal role to date in American courts. It remains to be seen if a more robust judicial dialogue can be fostered between the CRPD and domestic courts in both countries. Dans le présent document, j’explore la jurisprudence toujours en évolution au sujet de l’application de la Convention relative aux droits des personnes handicapées [CDPH] au Canada et aux États‑Unis. Je soutiens que le mouvement canadien de défense des droits des handicapés a toujours été ouvert aux points de vue émanant du droit international. Bien que l’adoption, en 1990, de la loi clé intitulée Americans with Disabilities Act [ADA] ait eu des répercussions à l’échelle internationale, puisque d’autres pays ont adopté des lois similaires, la CDPH, que le Sénat américain n’a pas encore ratifiée, a joué un rôle marginal jusqu’à maintenant devant les tribunaux américains. Il reste à déterminer s’il est possible de promouvoir un dialogue judiciaire plus vigoureux entre les organes qui appliquent la CDPH et les tribunaux nationaux des deux pays. 

scholarly journals Building Bridges Between the Civil Rights Movements of People with Disabilities and Those with Terminal Illness

2017 ◽  
Vol 78 (3) ◽  
Author(s):  
Kathryn L. Tucker
Keyword(s):  
United States ◽  
Civil Rights ◽  
End Of Life ◽  
Terminal Illness ◽  
Terminally Ill ◽  
People With Disabilities ◽  
The United States ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Aid In Dying

The movement for disability rights in the United States is grounded on a bedrock commitment to empowering the individual with autonomy and independence. Despite this foundation, a sharp line has been drawn by much of the disability advocacy community when it comes to the autonomy of a mentally competent terminally ill patient to choose a more peaceful death through aid in dying. This exercise of autonomy has largely been opposed by the disability advocacy community. This Article proposes that given the common principles shared by these two social justice movements and evidence from two decades of open practice in the United States that shows that no risk arises for people with disabilities when aid in dying is available, it is time for the disability advocacy community to reexamine and evolve its position on aid in dying. This evolution has the potential to benefit both advocacy communities.Part I discusses the principles common to the movements for disability rights and end-of-life liberty, demonstrating how they are virtually identical. Part II reviews arguments advanced by proponents of end-of-life liberty in favor of empowering terminally ill patients with more options, specifically including aid in dying, and those advanced by disability rights advocates against this position. In Part III, the data from nearly twenty years of openly practiced aid in dying in the United States is reviewed. Particular focus is given to how data regarding this practice relates to persons with disabilities. Finally, Part IV suggests that it is timely and strategic for the disability advocacy community to reconsider its opposition to aid in dying, and it sets forth indicators that such reconsideration is emerging. 

scholarly journals The main stages of the process of formation and development of inclusive education in the United States in the context of multicultural educational policy

2021 ◽  
Author(s):  
E.S. Kurysheva
Keyword(s):  
United States ◽  
Educational Policy ◽  
Inclusive Education ◽  
The United States ◽  
Alternative Development ◽  
Right To Education ◽  
Persons With Disabilities ◽  
The Law ◽  
The Right

This article identifies the main stages of the formation of inclusive education (segregative, integrative, inclusive), reveals the evolutionary nature of inclusive education. The article analyzes the content of the main document regulating the right to education of children with alternative development - The Law on Education of Persons with Disabilities (1975).

Speech-Language Pathology in the Peace Corps: Necessity and Sustainability

2012 ◽  
Vol 2 (1) ◽  
pp. 11-18
Author(s):  
Melissa A. Pierce
Keyword(s):  
United States ◽  
Special Education ◽  
Peace Corps ◽  
People With Disabilities ◽  
Communication Disorders ◽  
The United States ◽  
Speech Language Pathology ◽  
Speech Language Pathologists ◽  
Language Pathology

In countries other than the United States, the study and practice of speech-language pathology is little known or nonexistent. Recognition of professionals in the field is minimal. Speech-language pathologists in countries where speech-language pathology is a widely recognized and respected profession often seek to share their expertise in places where little support is available for individuals with communication disorders. The Peace Corps offers a unique, long-term volunteer opportunity to people with a variety of backgrounds, including speech-language pathologists. Though Peace Corps programs do not specifically focus on speech-language pathology, many are easily adapted to the profession because they support populations of people with disabilities. This article describes how the needs of local children with communication disorders are readily addressed by a Special Education Peace Corps volunteer.

Lending to the Borrower from Hell

2017 ◽  
Author(s):  
Mauricio Drelichman ◽  
Hans-Joachim Voth
Keyword(s):  
United States ◽  
Sixteenth Century ◽  
Sovereign Debt ◽  
Risk Sharing ◽  
The United States ◽  
Philip Ii ◽  
Loan Contracts ◽  
The Right ◽  
Intelligent Model ◽  
New Evidence

Why do lenders time and again loan money to sovereign borrowers who promptly go bankrupt? When can this type of lending work? As the United States and many European nations struggle with mountains of debt, historical precedents can offer valuable insights. This book looks at one famous case—the debts and defaults of Philip II of Spain. Ruling over one of the largest and most powerful empires in history, King Philip defaulted four times. Yet he never lost access to capital markets and could borrow again within a year or two of each default. Exploring the shrewd reasoning of the lenders who continued to offer money, the book analyzes the lessons from this historical example. Using detailed new evidence collected from sixteenth-century archives, the book examines the incentives and returns of lenders. It provides powerful evidence that in the right situations, lenders not only survive despite defaults—they thrive. It also demonstrates that debt markets cope well, despite massive fluctuations in expenditure and revenue, when lending functions like insurance. The book unearths unique sixteenth-century loan contracts that offered highly effective risk sharing between the king and his lenders, with payment obligations reduced in bad times. A fascinating story of finance and empire, this book offers an intelligent model for keeping economies safe in times of sovereign debt crises and defaults.

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

The Power to be Ethical: Controlling Moral Assemblages in Border Militias

2021 ◽  
pp. 089124162110218
Author(s):  
John R. Parsons
Keyword(s):  
United States ◽  
The United States ◽  
Recent Interest ◽  
Ethical Conflicts ◽  
Moral Landscape ◽  
The Government ◽  
Moral Certainty ◽  
The Right ◽  
Ethical Response

Every year, hundreds of U.S. citizens patrol the Mexican border dressed in camouflage and armed with pistols and assault rifles. Unsanctioned by the government, these militias aim to stop the movement of narcotics into the United States. Recent interest in the anthropology of ethics has focused on how individuals cultivate themselves toward a notion of the ethical. In contrast, within the militias, ethical self-cultivation was absent. I argue the volunteers derived the power to be ethical from the control of the dominant moral assemblage and the construction of an immoral “Other” which provided them the power to define a moral landscape that limited the potential for ethical conflicts. In the article, I discuss two instances Border Watch and its volunteers dismissed disruptions to their moral certainty and confirmed to themselves that their actions were not only the “right” thing to do, but the only ethical response available.

scholarly journals The use of mechanical restraint in Pacific Rim countries: an international epidemiological study

2020 ◽  
Vol 29 ◽  
Author(s):  
G. Newton-Howes ◽  
M. K. Savage ◽  
R. Arnold ◽  
T. Hasegawa ◽  
V. Staggs ◽  
...  
Keyword(s):  
United States ◽  
New Zealand ◽  
International Comparisons ◽  
The United States ◽  
Pacific Rim ◽  
Persons With Disabilities ◽  
Mechanical Restraint ◽  
The Pacific ◽  
Bed Days ◽  
Compare And Contrast

Abstract Aims The use of mechanical restraint is a challenging area for psychiatry. Although mechanical restraint remains accepted as standard practice in some regions, there are ethical, legal and medical reasons to minimise or abolish its use. These concerns have intensified following the Convention on the Rights of Persons with Disabilities. Despite national policies to reduce use, the reporting of mechanical restraint has been poor, hampering a reasonable understanding of the epidemiology of restraint. This paper aims to develop a consistent measure of mechanical restraint and compare the measure within and across countries in the Pacific Rim. Methods We used the publicly available data from four Pacific Rim countries (Australia, New Zealand, Japan and the United States) to compare and contrast the reported rates of mechanical restraint. Summary measures were computed so as to enable international comparisons. Variation within each jurisdiction was also analysed. Results International rates of mechanical restraint in 2017 varied from 0.03 (New Zealand) to 98.9 (Japan) restraint events per million population per day, a variation greater than 3000-fold. Restraint in Australia (0.17 events per million) and the United States (0.37 events per million) fell between these two extremes. Variation as measured by restraint events per 1000 bed-days was less extreme but still substantial. Within all four countries there was also significant variation in restraint across districts. Variation across time did not show a steady reduction in restraint in any country during the period for which data were available (starting from 2003 at the earliest). Conclusions Policies to reduce or abolish mechanical restraint do not appear to be effecting change. It is improbable that the variation in restraint within the four examined Pacific Rim countries is accountable for by psychopathology. Greater efforts at reporting, monitoring and carrying out interventions to achieve the stated aim of reducing restraint are urgently needed.

The Three Rs in Research and Education: A Long Road Ahead in the United States

1996 ◽  
Vol 24 (2) ◽  
pp. 151-158 ◽  
Author(s):  
F. Barbara Orlans
Keyword(s):  
United States ◽  
Animal Experiments ◽  
The United States ◽  
Education Student ◽  
Funding Sources ◽  
Research And Education ◽  
The Right ◽  
Student Projects ◽  
Institutional Oversight ◽  
The Three Rs

Attitudes toward the Three Rs concept of refinement, reduction and replacement in the United States in research and education are widely divergent. Positive responses have come from several sources, notably from four centres established to disseminate information about alternatives. Funding sources to support work in the Three Rs have proliferated. The activities of institutional oversight committees have resulted in the nationwide implementation of important refinements. In the field of education, student projects involving pain or death for sentient animals have declined, and the right of students to object to participation in animal experiments on ethical grounds has been widely established. However, there is still a long way to go. Resistance to alternatives is deep-seated within several of the scientific disciplines most closely associated with animal research. The response of the National Institutes of Health to potentially important Congressional directives on the Three Rs has been unsatisfactory. The prestigious National Association of Biology Teachers, which at first endorsed the use of alternatives in education, later rescinded this policy, because of opposition to it. An impediment to progress is the extreme polarisation of viewpoints between the biomedical community and the animal protectionists.

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