This interdisciplinary collection of essays addresses the theoretical, practical and legal dimensions of equality for persons with disabilities. The issues covered include the central problem of defining disability and impairment; the dilemma of same versus different treatment; the balance between autonomy and external influence and support; linkages to other anti-discrimination categories such as race and sex; the place of disability theory within identity politics; and issues of life, death, and our most intimate relationships. The articles reflect a wealth of international viewpoints and interdisciplinary areas which include philosophy, economics, memoirs, cultural studies, empirical studies and legal scholarship. The selection also includes classic texts which set out foundational ideas such as the social model of disability or the goal of integration, alongside essays that critique these conceptual mainstays. This volume brings into sharp focus a wide range of contentious and complex issues in the field of disability studies and is of interest to researchers and students from a wide range of fields.
The concept of reasonable adjustment (alternatively known as reasonable accommodation) is rapidly gaining significance for countries throughout Europe and beyond. Directive 2000/78 required all EU Member States to ensure that, by the end of 2006 at the latest, reasonable accommodation obligations would operate to protect disabled people from unequal treatment in the context of employment. The new United Nations Convention on the Rights of Persons with Disabilities will require ratifying States to impose such obligations in a broad range of situations. This book provides a detailed and critical analysis of the current and potential role of reasonable adjustment duties in British law. It explores the notion of the anticipatory reasonable adjustment duty - a notion which is, in many respects, distinctively British. It probes the relationship between reasonable adjustment and other concepts, including indirect discrimination and positive discrimination. Drawing particularly on US debates, potential sources of resistance to the duties are exposed and an attempt is made to suggest pre-emptive counter strategies. Attention is also given to issues of legal reform and rationalisation - issues of immense topicality and importance in view of the recent British move towards a single Equality Act. In short, this book examines the current and potential role of reasonable adjustment duties in Britain. It will be of interest to lawyers, policy-makers and students working in the field of disability rights. It will also be of interest to all those concerned with the operation and development of equality law and policy more generally, both in Britain and beyond.
Now in its 4th edition, this popular book has been fully updated to date of publication. It's a practical guide to the law of disability discrimination in the context of UK employment law. This book is for those who need to know their employment law rights and what remedies they can seek. Full of relevant case authorities, this book shows how the law is applied under both the Equality Act 2010 and the previous Disability Discrimination Act 1995. This book is for advice workers, trade unionists, employers and managers who need a quick and easy-to-read source of employment law in this area. The book is also ideal for law students who need an overview of UK employment law; and for lawyers who need to locate quickly a particular case authority and the reason for the decision.
This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.
Political Science by House of Commons Work and Pensions Commi
The Committee welcomes the Government's intentions to simplify and streamline legislation on discrimination into one single Equality Bill. But it believes that disability discrimination requires a difference in approach and should be predicated on the idea that we need to treat people differently to accord disabled people equal opportunities. The challenge is to bring disability discrimination law within that broad family of equality law whilst recognising those key differences. To meet this objective, the Government should re-establish the version of disability-related discrimination that existed before the recent Lewisham v Malcolm judgment and which was well understood by employers and employees alike. Preserving strong disability rights needs to go hand in hand with an adequate defence for those with duties under the legislation. Harmonising the different provisions that currently permit employers, service providers, landlords and others to justify disability discrimination in certain circumstances will ensure a balance between their responsibilities and the rights of the disabled person. The Committee also calls for removal of one of the greatest obstacles to improving employment opportunities for older people: the continued existence of the statutory default retirement age in the Employment Equality (Age) Regulations 2006. The overall employment rate of disabled people has increased since 1995, but the rate for people with mental illness, phobias or panic has remained substantially lower (at just over 10 per cent) than that for those with most other types of impairment. Too many employers and disabled people are unaware of what support is available for them through the Access to Work scheme. DWP research identified recruitment as the most common source of discrimination against disabled people but few cases reach court. The public sector has an important role to play in promoting equality but needs to focus on outcomes not process.
Examining the UK Disability Discrimination Act (DDA) in comparison to its counterparts in the USA and Australia, this book focuses on how it is being interpreted and acted upon in the context of higher education, a key area of national attention in the UK. It also evaluates this law in the context of the larger project of civil rights legislation and demonstrates that geography can be used to explain law and legal arguments by highlighting their subjectivity and by emphasizing the importance of place, specificity and context. While providing in-depth analysis of the effectiveness and scope of this significant legislation this book demonstrates the importance of geography in the application of law. It provides insights into the broader workings of UK anti-discrimination law, which are particularly relevant given the scrutiny of the Equality and Human Rights Commission and the concerns about the effectiveness of legal tools in fighting discrimination. Finally, this book critiques liberal notions of legal subjectivity and medical definitions of disability which is topical given the current attention given to debates about identity politics.
This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.
While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.
This Ability is Cotter's third book in a series dealing with discrimination law. Having looked at the theme of 'gender discrimination' in Gender Injustice and 'race discrimination' in Race Matters, this further installment takes a similar approach and structure to illustrate comparisons and contradictions in discrimination law. Disability Law is an increasingly important area in combating disability discrimination. This Ability provides readers with a better understanding of the issue of inequality and aims to increase the likelihood of achieving equality at both the national and international levels for those with disabilities while at the same time educating those without disabilities. The work examines the primary role of legislation and its impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. By providing a detailed examination of the relationship between disability issues and the law, this book will be an important read for those concerned with equality.
Sex Discrimination Law by Kimber and Bolger, was published 12 years ago. Since then employment equality has moved beyond sex equality and now covers nine additional grounds, including nationality, race, age and disability.. New Title: Employment Equality Law This new title Employment Equality Law covers not just sex equality, but all aspects of employment equality law covered by the Employment Equality Acts 1998-2011. It covers Irish law, as well as EU law and decisions of the European Court of Justice, and on occasion, important precedents from other jurisdictions. It provides a detailed consideration of the Employment Equality Acts 1998-2011 and the area of non-discrimination law in Irish and EU law. It covers Irish law, as well as EU law (including the Charter of Fundamental Rights of the European Union) and decisions of the Court of Justice of the European Union, and important precedents from other jurisdictions. It presents the sometimes complex concepts and procedures in employment equality in a practical and accessible manner as well as giving a deeper perspective to those that want it. Key Features: * Provides insights into the law of employment equality and deal the theories and policies underlying equality law * Presents employment equality in a practical and accessible manner alongside deeper analysis and understanding of the complex issues that arise in this area of law and practice * Is only Irish text dealing specifically with employment equality litigation, case law and legislation * Present invaluable discussion on practical areas such as pensions, age discrimination, pregnancy discrimination and disability discrimination as well as practice and procedure will be discussed in depth * Provides relevant and up to date case law on issues within employment equality litigation. Including analysis all significant case law from the Equality Tribunal (e.g. Five Named Complainants v Hospira and O'Brien v Persian Properties), Labour Court (e.g. Valpeters v Melbury Developments and ASTI v Dunbar), High Court (e.g. Donnellan v Minister for Justice and County Louth VEC v Equality Tribunal ) and the Court of Justice of the European Union (e.g. McKenna, Mangold, Coleman, Test-Achats and Kücükdeveci). Up to date * Consider the provisions of the Employment Equality Acts 1998-2011, and the three EU Employment Equality Directives * Highlights significant developments posed by the Charter of Fundamental Rights of the European Union * Discusses the proposed changes envisaged by the Workplace Relations Bill * Analyses the principles from Irish and European jurisprudence alongside the theories and policies underlying equality law and practice ABOUT THE AUTHORS The authors bring their experience in practising before the Irish courts and tribunals and the Court of Justice of the European Union and in, lecturing and research at national and European level to the subject Marguerite Bolger is a Senior Counsel. Claire Bruton is a barrister. Cliona Kimber is a barrister.
Discrimination and the Law provides an exploration and evaluation of Discrimination Law, with a primary focus on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which the law has evolved. The book provides an examination of the main provisions of and the application of the Equality Act 2010 which was passed to consolidate the complicated and numerous array of Acts and Regulations, which formed the basis of anti-discrimination law in Great Britain. Encompassing sex, race, age, disability, discrimination on the grounds of sexual orientation or religious belief, this book also considers aspects of discrimination which are not provided for, such as multiple discriminations and intersectionality. In addition, the provisions of the Equality Act and subsequent UK case law are considered within the context of EU Directives and judgments from the European Court of Justice and other international sources of equality law. Concise, accessible and with a review of current debates and issues at the end of each chapter, Discrimination and the Law is an essential introduction to the wide-ranging law relating to discrimination in the UK for both LLB and HRM students.
Discrimination against people with disabilities by Gerard Quinn
Category: Discrimination against people with disabilities
This comparative study surveys the laws affecting individuals with disabilities in three jurisdictions that have recently enacted significant new legislation: the United States, Australia and Canada. The authors describe the underlying philosophy of the legislation in each country and provide an accurate portrayal of the content, enforcement mechanisms and effectiveness of each.
The Equality Act 2010 was an extremely significant reform of UK discrimination law, consolidating the existing complex mass of statutory provisions into one statute. The Act brought new rights against discrimination and imposed new duties on employers, service providers and public authorities, and also introduced a new socio-economic duty on public authorities to reduce the inequalities of outcome which result from socio-economic disadvantage. It defined nine protected characteristics: age, disability, combined grounds, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. Much more is now known about the Equality Act in practice; amendments have been made to the Act itself (such as those made as a consequence of insurance premium and gender cases in the European Court of Justice) and statutory guidance to the Act has been produced. Case law on the new provisions is also starting to appear. This fully revised edition of Blackstone's Guide to the Equality Act 2010 covers all recent developments and clearly and concisely explains the intricacies of the Equality Act. Combining the full text of the Act, as amended, with narrative from an expert team, the book is an invaluable resource for all who encounter the evolving legislation. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the extent, scope, and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world.
According to some estimates, there are around 20 to 60 million people with disability in India. For long this invisible minority went without any kind of protection or even legislation aimed at recognizing their basic rights. It was only in 1995 that the government passed the Persons with Disabilities (PWD) Act, which addressed the issues of non-discrimination, right to equal opportunity, and affirmative action for persons with disabilities for the first time. This book is a critical and comprehensive analysis of the PWD Act. It examines the Act from a historical perspective, giving an overview of the various legal approaches towards addressing disability-related discrimination. The author critically examines the various provisions of the Act—the definition of disability, affirmative action, equal opportunities in education, reservation in employment, and implementation. The volume also offers an international perspective on disability law by comparatively analysing Indian disability law with international jurisprudence. Taking into account the judgments of the Supreme Court and various high courts, it presents a forward thinking interpretation of the Act in light of the UN Convention on the Rights of Persons with Disabilities which India has ratified.