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Book part
Publication date: 12 June 2018

Megan A. Conway

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the…

Abstract

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the question remains why disability rights legislation does not go far enough toward addressing access, stigma, and discrimination issues. People with disabilities have found empowerment from disability rights laws, but these laws are also restrictive because they define people in relation to medical aspects of their disabilities and narrowly define society’s obligation for inclusion. The successes and failures of disability rights laws are an important contribution to the study of conceptions of difference.

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

Keywords

Book part
Publication date: 22 February 2017

Andrea Kalvesmaki and Joseph B. Tulman

This chapter considers the school-to-prison pipeline (STPP) within the United States as a network of flows and feedback loops that connects the education and delinquency systems…

Abstract

This chapter considers the school-to-prison pipeline (STPP) within the United States as a network of flows and feedback loops that connects the education and delinquency systems. This system is heavily biased to funnel students with disabilities, disproportionately from low-income minority families, away from productive educational outcomes through punitive, exclusionary, and restrictive measures that too often result in incarceration. Congress intended special education and disability rights laws to ameliorate injustice and ensure long-term positive outcomes for all students. Through a systems theory perspective, this chapter outlines key leverage points inherent in disability rights laws, which can and should be activated to interrupt and reverse the STPP. Many provisions within the law are overlooked or inadequately enacted within current educational practices. The authors present problem-solving strategies, rooted in the Individuals with Disabilities Education Act (IDEA) and other disability rights laws, for educators, juvenile justice advocates, and policymakers to use in order to reduce school exclusion and incarceration of vulnerable youth and to provide education opportunity for all students.

Details

The School to Prison Pipeline: The Role of Culture and Discipline in School
Type: Book
ISBN: 978-1-78560-128-6

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Book part
Publication date: 14 December 2015

Paul T. Jaeger, Brian Wentz and John Carlo Bertot

This chapter explores the historical and evolving relationship between human rights, social justice, and library support of these efforts through physical and digital access, as…

Abstract

Purpose

This chapter explores the historical and evolving relationship between human rights, social justice, and library support of these efforts through physical and digital access, as well as relevant legal frameworks.

Methodology/approach

We explore the connection between libraries, technology, human rights, and social justice. The human rights and social justice functions of libraries are descriptive of what libraries have become in the age of the Internet. Many aspects of the information and communication capabilities that are provided through Internet access have been leveraged to promote human rights and social justice throughout the world.

Findings

There is practical evidence through case studies and survey results that libraries have primarily embraced this direction through offering many individuals without Internet access or technology experience a place of physical access, education, and an ongoing atmosphere of inclusion and accessibility as society embraces an increasingly digital future. This focus on rights and justice exists within varying legal structures related to people with disabilities and to values of rights and justice. Many libraries have also created programs and services that are targeted toward online equity for people with disabilities. This proactive response regarding digital accessibility is indicative of the likelihood that there is an inclusive future for libraries and their services to the broadest of their communities.

Social implications

Highlighting this role and a motto of access for all will enable libraries to expand their significant contributions to human rights and social justice that extend beyond the traditional physical infrastructure and space of libraries.

Details

Accessibility for Persons with Disabilities and the Inclusive Future of Libraries
Type: Book
ISBN: 978-1-78560-652-6

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Article
Publication date: 6 May 2020

Jake Cornett and Kimberly M. Knackstedt

The United States (US) system of special education committed three original sins that perpetuate inequities between children with disabilities and their peers. The purpose of this…

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Abstract

Purpose

The United States (US) system of special education committed three original sins that perpetuate inequities between children with disabilities and their peers. The purpose of this paper is to examine the history of the US system, contrast this history against international disability law and identify opportunities for leaders to transform policy and practice for inclusive education.

Design/methodology/approach

This paper explores the development of the three sins in US special education law: (1) weaving throughout it a medical model of disability, (2) failing to mandate inclusion and (3) hampering meaningful enforcement. The paper contrasts the US system with the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), an international law adopted by 180 nations that requires inclusion of people with disabilities at all levels of systems.

Findings

This paper finds that the United States has not embraced inclusion in education, but has permitted a continuum of segregation and integration. After a discussion of the three sins and the CRPD, the authors describe opportunities for international and US leaders to learn from the original sins of the United States and develop a system of true inclusion for all students through the transformation of policy and practice.

Originality/value

This paper contributes to the literature on policy development and implementation, with implications for future amendments to US education law and international public administration of education.

Details

Journal of Educational Administration, vol. 58 no. 5
Type: Research Article
ISSN: 0957-8234

Keywords

Book part
Publication date: 1 January 2014

Sagit Mor

This article examines the dialectics of wrongful life and wrongful birth claims in Israel from 1986 until 2012. In May 2012 Israeli Supreme Court declared that while wrongful…

Abstract

This article examines the dialectics of wrongful life and wrongful birth claims in Israel from 1986 until 2012. In May 2012 Israeli Supreme Court declared that while wrongful birth claims were still permitted, wrongful life claims were no longer accepted in a court of law. The article examines the conditions that allowed for and supported the expansion of wrongful life/birth claims until 2012. The article identifies two parallel dynamics of expansion: a broadening of the scope of negligent conduct and a view of milder forms of disabilities as damage that merits compensation. The article further suggests four explanations for such doctrinal evolution, two of which emanate from doctrinal ambiguities and the other two are rooted in social factors that have shaped the meaning of disability as a tragedy and state of inferiority. While recent developments seem promising, the article concludes with a word of caution. Such changes may reproduce past injustices mainly because the compensation mechanism has remained an individual-torts based one, which may run counter to the broader struggle for social change for disabled people.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78350-785-6

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Book part
Publication date: 12 June 2018

Zanita E. Fenton

This chapter contributes to the discourse of difference by problematizing the sameness/difference trope through the lens of the exceptional. It explores the nature of being…

Abstract

This chapter contributes to the discourse of difference by problematizing the sameness/difference trope through the lens of the exceptional. It explores the nature of being exceptional with an expectation that its nature is contingent and variable. At the heart of understanding what constitutes exceptional is its implicit comparison with the average. While exceptional is defined to include both individuals who achieve in extraordinary ways and individuals with a physical or mental impairment, the two definitions are consonant in that both describe individuals who deviate from expected norms. Relying on the insights from pragmatism, this chapter considers community habits exceptional individuals must confront in forming their choices. In this way, it further adheres to the lessons from pragmatism for norm change. The strategies individuals use to alter the effects of being perceived as exceptional contribute to the overall discourse in equality and equal protection and potentially constitute the individual action that formulates change. It examines some approaches to the Americans with Disabilities Act (ADA) derived from civil rights and from economic perspectives and the relevant matrix of choices available to the exceptional to understand the potential for productive change. With this foreground, it examines the choice of exceptional individuals to cover or convey matters of their identity. This chapter pays particular attention to these choices in seeking accommodations under the ADA. Ultimately, this study strives to participate in the conversation seeking to maximize human potential.

Article
Publication date: 3 May 2023

Sahem Nawafleh

Based on the principle of equality, individuals with disabilities have the right to equal job opportunities and career advancements and to actively participate in the economy like…

Abstract

Purpose

Based on the principle of equality, individuals with disabilities have the right to equal job opportunities and career advancements and to actively participate in the economy like other members of society. This study aims to provide an integrated description of discriminatory occupational practices and behaviours that individuals with disabilities face. This study followed the descriptive analytical approach to achieve the objectives. A questionnaire was used for data collection purposes.

Design/methodology/approach

The target population for this study was male and female employees with disabilities working in the Jordanian Government sector for the years 2019–2022 in all governorates of Jordan. The sample method used was purposive-convenient random sampling, and the size of the sample valid for statistical analysis was n = 1,043. Using the Statistical Package for Social Sciences (v26), a number of statistical tests were conducted to infer the features of the researched phenomenon.

Findings

This study found an overall moderate level (mean = 2.76) of practices and behaviours of job discrimination against individuals with disabilities in the Jordanian public sector. All proposed practices and behaviours were at moderate levels of agreement, with the highest discriminatory behaviours being in the areas of training and learning opportunities (2.88), followed by job performance evaluation (2.84), work leave and vacation (2.75), integration and social participation (2.74), career advancement and promotion (2.73) and, last, the distribution of tasks and responsibilities (2.61). Furthermore, it was found that there are significant differences in the levels of discriminatory practices and behaviours towards people with physical disabilities, individuals with visual impairments and psychological disabilities, new employees at work and those with a low level of education. In addition, employees at higher administrative levels (manager, deputy/assistant manager and head of department/division) and workers in the southern and central governorates are exposed to the highest levels of discrimination.

Research limitations/implications

Lack of data: There is often a lack of reliable and comprehensive data on employees with disabilities, making it difficult for researchers to accurately study and understand the experiences of this population. Stigma and discrimination: People with disabilities often face stigma and discrimination, which can make it challenging for researchers to engage with them and collect accurate information.

Practical implications

Moreover, it was found that the main agencies to which cases of discriminatory practices towards individuals with disabilities working in the Jordanian public sector are reported are the direct managers/supervisors (n = 381), the ministry to which the institution/department belongs (n = 278) and the Higher Council for the Rights of Persons with Disabilities (n = 261).

Social implications

Supporting social inclusion: Employment can provide a sense of purpose, identity and social inclusion for people with disabilities, which can have a positive impact on their disabilities and overall quality of life. Improving diversity and inclusion: The inclusion of employees with disabilities can contribute to a more diverse and inclusive workplace, where all employees feel valued and respected.

Originality/value

This study found that discriminatory practices against employees with disabilities in the Jordanian public sector were largely because of a lack of awareness of reporting mechanisms and negative attitudes towards individuals with disabilities. This study proposes solutions such as raising awareness among non-disabled employees, implementing penalties for discriminatory behaviour and updating legislation for the rights of individuals with disabilities.

Details

International Journal of Organizational Analysis, vol. 32 no. 4
Type: Research Article
ISSN: 1934-8835

Keywords

Article
Publication date: 3 July 2007

Samantha Wehbi and Yahya El‐Lahib

Through a reflection on a recent voting rights campaign for people with disabilities in Lebanon, the article aims to contribute to a body of literature that seeks to challenge the…

Abstract

Purpose

Through a reflection on a recent voting rights campaign for people with disabilities in Lebanon, the article aims to contribute to a body of literature that seeks to challenge the marginalisation of people with disabilities; and aims to share our reflections with others interested in deeper thinking on the global impacts on their day‐to‐day work.

Design/methodology/approach

The article begins with a background discussion of the Lebanese context and the voting rights campaign, followed by an analysis of rights‐based work through a discussion of key issues faced by community activists.

Findings

The analysis highlights the impact of global forces on local grassroots work through the following issues: formalisation of relationships between national government organisations (NGOs); professionalisation within NGOs; contentious dealings with the state; the meanings and uses of diversity and international political relations.

Originality/value

There is a dearth of published studies on the disabilityrights movement in the Arab region; more specifically, the article provides a critical reflection on the changes facing the movement in Lebanon, where there are no published studies on the topic. This article would be of value to activists in other parts of the world interested in the changes facing activism on disability rights or other issues.

Details

Equal Opportunities International, vol. 26 no. 5
Type: Research Article
ISSN: 0261-0159

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Article
Publication date: 18 June 2018

John-Stewart Gordon and Felice Tavera-Salyutov

The purpose of this paper is to examine and comment on disability rights legislation by focusing on international documents on people with impairments of the last decades, in…

Abstract

Purpose

The purpose of this paper is to examine and comment on disability rights legislation by focusing on international documents on people with impairments of the last decades, in order to provide more information on the dynamics of the disability rights movement and their moral plea for full inclusion.

Design/methodology/approach

By analyzing the international legislation and most important guidelines with respect to people with impairments, it is possible to portray a socio-political change by unfolding the agenda of the historical dimension of the decisive events.

Findings

The long and difficult struggle of people with impairments to beneficiaries of full human rights protection is a fundamental socio-political change that is documented by adhering to important international legislation and guidelines.

Originality/value

The examination of recent international legislation with respect to people with impairments provides historical context for current developments in the context of disability and full inclusion by conceding human rights as their moral and legal foundation.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 37 no. 5
Type: Research Article
ISSN: 2040-7149

Keywords

Book part
Publication date: 25 January 2023

Aina A. Kane and Line Melbøe

Work participation and work facilitation represent basic human rights for everyone. Work represents an important platform for welfare and well-being, but compared to the general…

Abstract

Work participation and work facilitation represent basic human rights for everyone. Work represents an important platform for welfare and well-being, but compared to the general workforce in Norway, persons with cognitive disabilities are severely under-represented. When workplaces locked down under the first COVID-19 outbreak spring 2020, some people were made redundant whilst many continued their work from home. The lockdown affected persons with cognitive disabilities through lockdown of workplaces, vocational training centres and even day activity centres. The scheme of working from home was not as obvious or facilitated for this group, as for other employees. When also visits were banned and common areas for socialisation were locked down, the consequences of these lockdowns were exacerbated. In this chapter we have examined and discussed the COVID-19 restrictions in Norway and how they affected the basic human rights of persons with cognitive disabilities, and also how such rights can be promoted through legislation, governance and service provision.

Details

Disability Welfare Policy in Europe
Type: Book
ISBN: 978-1-80382-819-0

Keywords

1 – 10 of over 8000