Martha Nussbaum's Capabilities Approach and Equality Rights for People with Disabilities; Rethinking the Granovsky Decision

2017 ◽  
pp. 51-79
Author(s):  
Ravi Malhotra
Keyword(s):  
People With Disabilities ◽  
Capabilities Approach ◽  
Equality Rights

Disability and Disadvantage in the Capabilities Approach

2020 ◽  
pp. 228-244
Author(s):  
Christopher A. Riddle
Keyword(s):  
Distributive Justice ◽  
People With Disabilities ◽  
Capabilities Approach

This chapter argues that within the realm of justice, not all goods or opportunities are the same—a failure to secure some goods results in mere disadvantage, while a failure to secure other goods results in corrosive disadvantage. If a disadvantage adversely impacts one’s ability to secure other goods or opportunities, we should regard it as being corrosive in nature and thus give it higher priority within a theory of distributive justice. This chapter suggests that with respect to the capabilities approach, an understanding of disadvantage that recognizes the often-corrosive nature of the experience of disability would require us to prioritize some capabilities over others. More pointedly, a capability theorist’s refusal to acknowledge the need to prioritize some capabilities over others is a failing of basic justice and would result in the compounding of injustice against people with disabilities.

scholarly journals The United Nations Convention on the Rights of Persons with Disabilities and its Implications for the Equality Rights of Canadians with Disabilities: The Case for Education

2011 ◽  
Vol 29 ◽  
pp. 73 ◽  
Author(s):  
Ravi Malhotra ◽  
Robin F. Hansen
Keyword(s):  
United Nations ◽  
People With Disabilities ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Equality Rights ◽  
Road Map ◽  
Personnes Handicapées ◽  
History Of ◽  
United Nations Convention ◽  
The United Nations

In this paper, we examine the history of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities and its implications for the equality rights of people with disabilities in education. We specifically consider leading recent cases in the area such as Eaton, Auton, Wynberg and Moore in order to provide a road map to advocates of people with disabilities as to potential strategies that will empower people with disabilities. While disability rights advocates lost all four cases, we suggest ways in which Article 24 might shift the balance in favour of disability rights advocates.Dans cet article, les auteurs tracent l’historique de l’article 24 de la Convention des Nations Unies sur les droits des personnes handicapées et examinent ses conséquences sur les droits à l’égalité des personnes handicapées au regard de l’enseignement. Ils examinent tout particulièrement certaines décisions récentes faisant autorité dans le domaine comme Eaton, Auton, Wynberg et Moore pour attirer l’attention des défenseurs des droits des handicapés sur les stratégies susceptibles de renforcer les positions des handicapés. Bien que le tribunal n’ait pas retenu les arguments des défenseurs des droits des handicapés dans aucune de ces quatre causes, les auteurs proposent des façons dont l’article 24 pourrait faire pencher la balance en faveur des défenseurs des droits des handicapés.

Disabling discourses and ableist assumptions: Reimagining social justice through education for disabled people through a critical discourse analysis approach

2019 ◽  
Vol 17 (5) ◽  
pp. 634-656 ◽  
Author(s):  
Jennifer Van Aswegen ◽  
Michael Shevlin
Keyword(s):  
Social Justice ◽  
Critical Discourse Analysis ◽  
Inclusive Education ◽  
Disability Studies ◽  
People With Disabilities ◽  
Analytical Framework ◽  
Capabilities Approach ◽  
Special Issue ◽  
Disabled People ◽  
Policy Document

Responding to the special issue call Capital and Capability, this paper undertakes a critical policy analysis of a recently published Irish labour market activation strategy for people with disabilities through a discourse analytical framework. Drawing on a disability studies lens informed by Foucault’s theory of discourse, the study reveals a hegemonic policy rhetoric within the pages of this policy document that is deeply embedded in neoliberal assumptions about the role and value of education. Through a critical disability studies lens, this study draws attention to the concepts of disablism and neoliberal ableism, whilst highlighting in particular how rhetoric is a means by which ableist culture perpetuates itself. In response to the disparities surrounding the employment of disabled people, the Comprehensive Employment Strategy for People with Disabilities 2015–2024was launched into policy in October 2015. This strategy represents a significant policy event in the Irish disability policy landscape, warranting further questioning, interrogation and analysis. This paper aims to reveal the framework of thinking that lies within the discursive contours of this strategy and to assess the implications therein for inclusive education policy and practice. In keeping with the aim of the special issue, the study explores the potential of a capabilities approach in creating a discursive policy space where social justice througheducation for disabled people can be imagined.

scholarly journals THE INDONESIAN DISABILITY NATIONAL COMMISSION AS A STRATEGIC POLICY IN FULFILLING THE RIGHTS OF PEOPLE WITH DISABILITY

2017 ◽  
Vol 2 (2) ◽  
pp. 300
Author(s):  
Galuh Wahyu Kumalasari
Keyword(s):  
People With Disabilities ◽  
National Commission ◽  
Disability Rights ◽  
Equality Rights ◽  
The People ◽  
People With Disability ◽  
Long Time ◽  
Strategic Policy ◽  
The Right ◽  
Social Affairs

The disability or different ability is every people who had physical limitation, intellectual, mental, and/or sensory for a long time in interacting with their environment, could run into obstacles and difficulties to participate in full and effective with other citizens by equality rights. The law 8/2016 about people with disability is being law enforcement to fulfill the rights for the people with disability. Social Affairs Ministry through the Social Directorate of Disability Rehabilitation is the instrument of the state to implement the fulfillment of the rights. This writing is used normative juridical method to dig the formation policy of the National Commission with Disability to guarantee the disability rights. This study found that function given to social affairs ministry actually flawed, considering rights of people with disabilities is not simply about economic needs, but also the right to life, health, education, accessibility, political, and others. There are so many disabilities in various areas experienced discrimination and treated very inhuman, not only related accessibility but also about neglect practices and put the people with disabilities in a stocks. The formation of a national commission with disability as instructed in article 131-134 Act 8/2016 is very urgent to crystallize, so the implementation of the disability rights can be optimized. The formation of the national commission with disability will give certainty of a special institution that focus to handle and ensure the fulfillment rights of people with disabilities as citizens.

Disability and Capability: Exploring the Usefulness of Martha Nussbaum's Capabilities Approach for the UN Disability Rights Convention

2013 ◽  
Vol 41 (4) ◽  
pp. 768-780 ◽  
Author(s):  
Caroline Harnacke
Keyword(s):  
Human Rights ◽  
United Nations ◽  
People With Disabilities ◽  
Capabilities Approach ◽  
Disability Rights ◽  
Disabled People ◽  
Persons With Disabilities ◽  
Cultural Rights ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) aims at empowering people with disabilities by granting them a number of civil and political, but also economic, social, and cultural rights. This is a groundbreaking agreement for all persons with disabilities, especially because it is the first human rights agreement for disabled people, and it is legally binding. For those states who signed it, it also brings various governmental obligations. Implementing the CRPD will clearly be politically challenging and also very expensive for all states, but even more so for poor ones.

Natural Deficiency or Social Oppression? The Capabilities Approach to Justice for People with Disabilities

2012 ◽  
Vol 9 (4) ◽  
pp. 500-520 ◽  
Author(s):  
Linda Barclay
Keyword(s):  
Social Change ◽  
Distributive Justice ◽  
People With Disabilities ◽  
Capabilities Approach ◽  
Personal Attributes ◽  
Social Oppression ◽  
Conceptual Resources

Theories of distributive justice are often criticised for either excluding people with disabilities from the domain of justice altogether, or casting them as deficient in personal attributes. I argue that the capabilities approach to justice is largely immune to these flaws. It has the conceptual resources to locate most of the causes of disadvantage in the interaction between a person and her environment and in doing so can characterise the disadvantages of disability in a way that avoids the imputation of natural deficiency. However, I also argue that the capabilities approach cannot accommodate some of the stronger claims advanced by some disability scholars. No plausible capabilities approach can guarantee that social change will always be the just or fair remedy for disadvantage, and there is a small number of severe cases of disability where capability shortfalls will be attributed to the person’s ‘deficient’ physical and mental impairments.

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.

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