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  3. Cambridge Disability Law and Policy Series

According to the UN High Commission on Human Rights six hundred million people, nearly one tenth of the world's population, are afflicted with some form of disability. Many live deplorable lives faced with physical and social barriers which prevent their integration and full participation in their communities. As a consequence of the International Human Rights Movement persons with disabilities now have a mechanism to petition their local authorities and national governments to secure their rights and privileges to fully participate in their societies. In addition to the human rights dimension, advances in medical science and rehabilitation techniques are enabling people with disabilities to take a more active role in the workplace. The Cambridge Disability Law and Policy Series will address this global movement and provide publications that will address, analyze and explore, in a comparative and international perspective, legal and policy perspectives that will provide resources for individuals, academics, practitioners and policy makers on how to effectively further the cause of disability rights. This series is a good fit for the Cambridge law list as it adds a specific focused issue to an already well developed general list of titles in human rights, medical/legal issues, law and society, comparative and international law, and globalization.

  • General Editors: Peter Blanck, Syracuse University , Robin Paul Malloy, Syracuse University

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24 results in Cambridge Disability Law and Policy Series

Page 1 of 2

Care and Support Rights After Neoliberalism
  • Balancing Competing Claims Through Policy and Law
  • Yvette Maker
  • Published online:
    21 April 2022
    Print publication:
    28 April 2022
  • This book offers principles for designing care and support policy to address two persistent sources of tension in the field. The first is the tension between supporting women's unpaid caring and supporting their paid work participation. The second is the tension between carers' claims for support based on the 'burden' of caring and disability rights claims for support for choice and independence for people with disabilities. Policies tend to favor one activity and one constituency over the other. Consequently, individuals' access to resources and choices about how they live are constrained. Using a citizenship rights framework, with insights from human rights law, the principles provide guidance for designing policy and legislation that avoids 'either/or' approaches and addresses the interests of multiple constituencies. Analyses of Australian and English policies demonstrate the value of the principles for developing policy that reduces inequality, responds to 'failures' of neoliberalism, and expands choice for all.

The Disabled Contract
  • Severe Intellectual Disability, Justice and Morality
  • Jonas-Sébastien Beaudry
  • Published online:
    15 March 2021
    Print publication:
    18 March 2021
  • Social contract theories generally predicate the authority of rules that govern society on the idea that these rules are the product of a contractual agreement struck between members of society. These theories embody values, such as equality, reciprocity and rationality, that are highly prized within our culture. Yet a closer inspection reveals that these features exclude other important values, relations and even persons from the realm of contractual morality and justice, especially people with severe intellectual disabilities. Jonas-Sébastien Beaudry explores the moral status of intellectually disabled people in social contract thought and argues that this tradition needs to be revisited to include the most vulnerable. Addressing this problem will have concrete repercussions in law and policy, because many issues that people with disabilities face are connected to deeply rooted assumptions about their status as full citizens or full members of our moral, political and legal communities.

Ableism at Work
  • Disablement and Hierarchies of Impairment
  • Paul David Harpur
  • Published online:
    06 August 2020
    Print publication:
    19 December 2019
  • The UN Convention on the Rights of Persons with Disabilities promotes ability equality, but this is not experienced in national laws. Australia, Canada, Ireland, the UK and the US all have one thing in common: regulatory frameworks which treat workers with psychosocial disabilities less favorably than workers with either physical or sensory disabilities. Ableism at Work is a comprehensive and comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities. Whether it be denying anti-discrimination protection to people with episodic disabilities, addictions or other psychological impairments, failing to make reasonable accommodations/adjustments for workers with psychosocial disabilities, or denying them workers' compensation or occupational health and safety protections, regulatory interventions imbed inequalities. Ableism, sanism and prejudice are expressly stated in laws, reflected in judgments, and perpetuated by workplace practices and this book enables advocates, policy makers and lawmakers to understand the wider context in which systems discriminate workers with psychosocial disabilities.

Civilizing Disability Society
  • The Convention on the Rights of Persons with Disabilities Socializing Grassroots Disabled Persons' Organizations in Nicaragua
  • Stephen J. Meyers
  • Published online:
    27 September 2019
    Print publication:
    03 October 2019
  • The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is increasingly used to civilize grassroots disabled persons' organizations (DPOs) around the world. The international disability rights movement actively promotes the CRPD's key norm that disabled persons mobilize in support of their rights under the Convention. The unintended consequence of these activities, however, is that local groups focused on social support and service provision, rather than disability-rights advocacy, are targeted for change. While the resources provided by international actors to grassroots organizations provide new opportunities, they also create barriers to local groups' ability to promote full civic participation of their members in the local community. Through a detailed account of grassroots DPOs in Nicaragua, Civilizing Disability Society demonstrates how local organizations navigate pressures from abroad as they attempt to concretely address the health, education and economic needs of their members at home.

The Right to Inclusive Education in International Human Rights Law
  • Edited by Gauthier de Beco, Shivaun Quinlivan, Janet E. Lord
  • Published online:
    15 April 2019
    Print publication:
    02 May 2019
  • Education is a fundamental human right that is recognised as essential for the attainment of all civil, political, economic, social and cultural rights. It was not until 2006, on the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), that the right to inclusive education was codified. This volume fills a major gap in the literature on the right of disabled people to education. It examines the theoretical foundations and core content of the right to inclusive education in international human rights law, and explores the various ways of implementing this right through an exploration of legal strategies and mechanisms. With contributions by leaders in the field, this volume advances scholarship on the core content of the right to inclusive education by examining the content and practice of the right at the national, regional and international levels.

Supported Decision-Making
  • Theory, Research, and Practice to Enhance Self-Determination and Quality of Life
  • Karrie A. Shogren, Michael L. Wehmeyer, Jonathan Martinis, Peter Blanck
  • Published online:
    09 November 2018
    Print publication:
    22 November 2018
  • The United Nations Convention on the Rights of Persons with Disabilities (CRPD) recognized that people with disabilities should have the right to exercise their legal capacity and identified 'supported decision-making' as a means by which people with disabilities can be directly involved in decisions that impact their lives. Offering an overview of its emergence in the disability field and highlighting emerging research, theory, and practice from legal, psychology, education, and health fields, this volume provides a much-needed theoretical and evidence base for supported decision-making. Evidence and strengths-based frameworks for understanding disability, supports, and their roles in promoting supported decision-making are synthesized. The authors describe the application of a social-ecological approach to supported decision-making, and focus on implications for building systems of supports based on current environmental demands. This volume introduces and explains empirical research on critical elements of supported decision-making and the applications of supported decision-making that enhance outcomes, including self-determination and quality of life.

Heavy Laden
  • Union Veterans, Psychological Illness, and Suicide
  • Larry M. Logue, Peter Blanck
  • Published online:
    21 July 2018
    Print publication:
    09 August 2018
  • The psychological aftereffects of war are not just a modern-day plight. Following the Civil War, numerous soldiers returned with damaged bodies or damaged minds. Drawing on archival materials including digitized records for more than 70,000 white and African-American Union army recruits, newspaper reports, and census returns, Larry M. Logue and Peter Blanck uncover the diversity and severity of Civil War veterans' psychological distress. Their findings concerning the recognition of veterans' post-traumatic stress disorders, treatment programs, and suicide rates will inform current studies on how to effectively cope with this enduring disability in former soldiers. This compelling book brings to light the continued sacrifices of men who went to war.

A New Era for Mental Health Law and Policy
  • Supported Decision-Making and the UN Convention on the Rights of Persons with Disabilities
  • Piers Gooding
  • Published online:
    19 October 2017
    Print publication:
    13 October 2017
  • The Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy. In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear. In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the 'will, preference and rights' of persons with disabilities 'on an equal basis with others'. This book explores the implications of the CRPD for law, policy and practice that respond to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds the potential to address persistent shortcomings in mental health law and policy.

Genetics, Disability and the Law
  • Towards an EU Legal Framework
  • Aisling de Paor
  • Published online:
    20 September 2017
    Print publication:
    21 September 2017
  • While advances in science and technology bring many advantages, we must not ignore the harm that they can cause. Rapid changes in genetic testing are a prime example, and indicators can now help to detect, address and treat diseases. However, in this new study, Aisling de Paor examines how genetic testing is also being used for non-medical reasons, for example for work opportunities and insurance coverage. Genetics, Disability and the Law is the first book of its kind to substantively consider an EU-level response to the use of genetic information. de Paor discusses how to help genetic and scientific research to evolve and grow, how to enhance public confidence in research, and how to control it so that it recognises our values and fundamental human rights. An understudied but vitally important topic, de Paor's work provides a valuable and timely contribution to the field of disability rights.

Disability and Community Living Policies
  • Arie Rimmerman
  • Published online:
    27 July 2017
    Print publication:
    14 July 2017
  • This book provides a comprehensive analysis of the roots of institutionalization, deinstitutionalization legislation and policies of the twentieth century, and twenty-first-century efforts to promote community living policies domestically and internationally, particularly through the role of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), a landmark treaty adopted on 13 December 2006. Rimmerman shows that deinstitutionalization and community living cannot be examined only in terms of the number of institutions closed but also through the substantial change in values, legislation, and policies supporting personalization, as well as the social participation of people with disabilities. The book includes a significant exploration of United States legislation and important Supreme Court decisions compared with European policies toward community living. Finally it discusses the importance of Articles 12 and 19 of the convention and demonstrates the case of Israel that has used the convention as a road map for proposing a new community living policy.

Restoring Voice to People with Cognitive Disabilities
  • Realizing the Right to Equal Recognition before the Law
  • Anna Arstein-Kerslake
  • Published online:
    19 July 2017
    Print publication:
    03 July 2017
  • The right to make decisions is important for every individual. It allows us to express ourselves, discover our likes and dislikes, and lead our lives in the way we desire. People with cognitive disability have historically been denied this right in many different ways - sometimes informally by family members or carers, and other times formally by a courtroom or other legal authority. This book provides a discussion of the importance of decision-making and the ways in which it is currently denied to people with cognitive disability. It identifies the human right to equal recognition before the law as the key to ensuring the equal right to decision-making of people with cognitive disabilities. Looking to the future, it also provides a roadmap to achieving such equality.

Discrimination, Copyright and Equality
  • Opening the e-Book for the Print-Disabled
  • Paul Harpur
  • Published online:
    01 June 2017
    Print publication:
    03 April 2017
  • 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.

Family Policy and Disability
  • Arie Rimmerman
  • Published online:
    05 February 2015
    Print publication:
    22 January 2015
  • This book explores the status and scope of family policies related to households of children with disabilities, providing an in-depth, evidence-based review of legal, programmatic issues. It includes a discussion of the gaps between family needs and contemporary family policies in the United States and European countries, as demonstrated in these households' surveys. In addition, the volume offers a comparative analysis of cash benefits, tax credits and deductions, and in-kind provisions between the United States and select European countries (UK, France, and Sweden). Most importantly, this book identifies and continues the discussion regarding the critical role of family-centered policies, as expressed in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), as well as the future of family policy toward families of children with disabilities at a time of economic crisis.

Land Use Law and Disability
  • Planning and Zoning for Accessible Communities
  • Robin Paul Malloy
  • Published online:
    05 November 2014
    Print publication:
    27 October 2014
  • In Land Use Law and Disability, Robin Paul Malloy argues that our communities need better planning to be safely and easily navigated by people with mobility impairment and to facilitate intergenerational aging in place. To achieve this, communities will need to think of mobility impairment and inclusive design as land use and planning issues, in addition to understanding them as matters of civil and constitutional rights. Although much has been written about the rights of people with disabilities, little has been said about the interplay between disability and land use regulation. This book undertakes to explain mobility impairment, as one type of disability, in terms of planning and zoning. The goal is to advance our understanding of disability in terms of planning and zoning to facilitate cooperative engagement between disability rights advocates and land use professionals. This in turn should lead to improved community planning for accessibility and aging in place.

eQuality
  • The Struggle for Web Accessibility by Persons with Cognitive Disabilities
  • Peter Blanck
  • Foreword by David Braddock
  • Published online:
    05 October 2014
    Print publication:
    22 September 2014
  • Never before have the civil rights of people with disabilities aligned so well with developments in information and communication technology. The center of the technology revolution is the Internet, which fosters unprecedented opportunities for engagement in democratic society. The Americans with Disabilities Act likewise is helping to ensure equal participation in society by people with disabilities. Globally, the Convention on the Rights of Persons with Disabilities further affirms that persons with disabilities are entitled to the full and equal enjoyment of fundamental personal freedoms. This book is about the lived struggle for disability rights, with a focus on Web equality for people with cognitive disabilities, such as intellectual disabilities, autism, and print-related disabilities. The principles derived from the right to the Web - freedom of speech and individual dignity - are bound to lead toward full and meaningful involvement in society for persons with cognitive and other disabilities.

Disability and the Good Human Life
  • Edited by Jerome E. Bickenbach, Franziska Felder, Barbara Schmitz
  • Published online:
    05 December 2013
    Print publication:
    16 December 2013
  • This collection of original essays, from both established scholars and newcomers, takes up a recent debate in philosophy, sociology, and disability studies on whether disability is intrinsically a harm that lowers a person's quality of life. While this is a new question in disability scholarship, it also touches on one of the oldest philosophical questions: what is the good human life? Historically, philosophers have not been interested in the topic of disability, and when they are it is usually only in relation to questions such as euthanasia, abortion, or the moral status of disabled people. Consequently disability has been either ignored by moral and political philosophers or simply equated with a bad human life, a life not worth living. This collection takes up the challenge that disability poses to basic questions of political philosophy and bioethics, among others, by focusing on fundamental issues and practical implications of the relationship between disability and the good human life.

People with Disabilities
  • Sidelined or Mainstreamed?
  • Lisa Schur, Douglas Kruse, Peter Blanck
  • Published online:
    05 June 2013
    Print publication:
    10 June 2013
  • To what extent are people with disabilities fully included in economic, political and social life? People with disabilities have faced a long history of exclusion, stigma and discrimination, but have made impressive gains in the past several decades. These gains include the passage of major civil rights legislation and the adoption of the 2006 UN Convention on the Rights of Persons with Disabilities. This book provides an overview of the progress and continuing disparities faced by people with disabilities around the world, reviewing hundreds of studies and presenting new evidence from analysis of surveys and interviews with disability leaders. It shows the connections among economic, political and social inclusion, and how the experience of disability can vary by gender, race and ethnicity. It uses a multidisciplinary approach, drawing on theoretical models and research in economics, political science, psychology, disability studies, law and sociology.

Disability and Information Technology
  • A Comparative Study in Media Regulation
  • Eliza Varney
  • Published online:
    05 March 2013
    Print publication:
    11 March 2013
  • Disability and Information Technology examines the extent to which regulatory frameworks for information and communication technologies (ICTs) safeguard the rights of persons with disabilities as citizenship rights. It adopts a comparative approach focused on four case studies: Canada, the European Union, the United Kingdom and the United States. It focuses on the tension between social and economic values in the regulation of ICTs and calls for a regulatory approach based on a framework of principles that reflects citizenship values. The analysis identifies challenges encountered in the jurisdictions examined and points toward the rights-based approach advanced by the UN Convention on the Rights of Persons with Disabilities as a benchmark in protecting the rights of persons with disabilities to have equal access to information. The research draws on a wealth of resources, including legislation, cases, interviews, consultation documents and responses from organisations representing persons with disabilities.

Social Inclusion of People with Disabilities
  • National and International Perspectives
  • Arie Rimmerman
  • Published online:
    05 November 2012
    Print publication:
    22 October 2012
  • Social inclusion is often used interchangeably with the terms social cohesion, social integration and social participation, positioning social exclusion as the opposite. The latter is a contested term that refers to a wide range of phenomena and processes related to poverty and deprivation, but it is also used in relation to marginalised people and places. This book consists of two parts: the first aims to review the domestic and international historical roots and the conceptual base of disability, as well as the expressions of social exclusion of people with disabilities that interfere in their efforts to exercise their rights in society. It offers a comprehensive review of social and legal approaches to social exclusion and inclusion. The second part introduces and analyses domestic and international social and legal strategies to promote social inclusion for people with disabilities.

When is Separate Unequal?
  • A Disability Perspective
  • Ruth Colker
  • Published online:
    05 June 2012
    Print publication:
    17 November 2008
  • This book does not start from the premise that separate is inherently unequal. Writing from an 'anti-subordination perspective', Professor Colker provides a framework for the courts and society to consider what programs or policies are most likely to lead to substantive equality for individuals with disabilities. In some contexts, she argues for more tolerance of disability-specific programs and, in other contexts, she argues for more disability-integrated programs. Her highly practical investigation includes the topics of K-12 education, higher education, employment, voting, and provision of health care. At the end of the book, she applies this perspective to the racial arena, arguing that school districts should be given latitude to implement more use of racial criteria to attain integrated schools because such environments are most likely to help attain substantive equality from an anti-subordination perspective. The book measures the attainment of equality not on the basis of worn-out mantras but instead on the basis of substantive gains.

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