Disability And Equality Law Download Ebook PDF Epub Online

Author : ElizabethF. Emens
Publisher : Routledge
Release : 2017-07-05
Page : 576
Category : Law
ISBN 13 : 1351569376
Description :


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.


Author : Anna Lawson
Publisher : Bloomsbury Publishing
Release : 2008-11-10
Page : 352
Category : Law
ISBN 13 : 1847314716
Description :


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.


Author : Great Britain
Publisher : The Stationery Office
Release : 1995
Page : 80
Category : Discrimination against people with disabilities
ISBN 13 : 9780105450955
Description :


Royal assent, 8th November 1995


Author : Suzanne Goldberg
Publisher :
Release : 2013
Page :
Category :
ISBN 13 :
Description :



Author : Anne-Marie Mooney Cotter
Publisher : Routledge
Release : 2018-01-18
Page : 358
Category : Law
ISBN 13 : 1351144669
Description :


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.


Author : Marcia H. Rioux
Lee Ann Basser
Publisher : BRILL
Release : 2011-05-23
Page : 568
Category : Political Science
ISBN 13 : 9004189580
Description :


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.


Author : Geraldine Hills
Publisher : Routledge
Release : 2013-06-17
Page : 96
Category : Education
ISBN 13 : 113649538X
Description :


"A definite must for SENCOS." -- Urmston Junior School "A good insight into process of tribunal and what the Equality Act means." -- Team Leader, St Paul's CE Primary School 'A much needed resource in supporting schools, centres, day nurseries and community childcare provision to understand the complexity of the issues surrounding SEN... A valuable tool.’ -- Gerri Ross – Head of Old Moat Sure Start Children’s Centre, UK "Straightforward and easily accessible...I would recommend this book to undergraduates and professionals alike who have an interest in ensuring that the rights of disabled children are upheld." -- Dr Craig Blyth, School of Education, University of Manchester, UK Under the Equality Act (2010), all schools and service providers have a legal obligation to make provision for disabled pupils, staff and school users. If you’re feeling confused and concerned about the content and implications of the Disability Duty Act (1995) and the more recently released Equality Act (2010), and how it affects your setting, this essential book will help you unpick the issues in a user-friendly and easily accessible way. This highly practical resource: explains the main parts of Equality Act (2010) as it affects disability in a way that will encourage all members of staff within a school to feel confident that they are correctly implementing its requirements; discusses ‘reasonable adjustments’ and ‘less favourable treatment’ which are at the heart of the legislation; shows how ‘less favourable treatment’ and ‘reasonable adjustments’ apply to admissions, exclusions, handling of medicines and during school trips; uses examples and case studies throughout, and highlights the key factors for success in making reasonable adjustments; takes readers through the process of an alleged act of discrimination against the school, and how it may be resolved, up to and including the SEND tribunal process. The author brings a wealth of experience to this topic, both as a parent of a disabled child and as a trainer of professionals. She uses her unique insight to develop skills and awareness in anyone who follows her material, and shows through tried and tested concepts and methods, how schools and settings can avoid costly and stressful tribunals. Headteachers, teachers, SENCos, Sure Start Centre Managers and anyone who works in educational settings will find this book essential to their professional development and a fantastic source of support and help.


Author : John M. Wright
Publisher : Lulu.com
Release : 2017-07-18
Page : 272
Category : Law
ISBN 13 : 0244917957
Description :


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.


Author : Anna Lawson
Publisher : Routledge
Release : 2016-07-22
Page : 340
Category : Law
ISBN 13 : 1317139208
Description :


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.


Author : Anna Lawson
Publisher : Routledge
Release : 2016-07-22
Page : 340
Category : Law
ISBN 13 : 1317139216
Description :


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.


Author :
Publisher : The Stationery Office
Release : 2005
Page : 69
Category : Business & Economics
ISBN 13 : 9780105411055
Description :


This Act contains 20 clauses and two schedules with provisions to amend the Disability Discrimination Act 1995 (DDA), building on amendments already made to that Act by other legislation. The provisions extend generally to Britain and are grouped under headings relating to public authorities, transport, and other matters. Provisions include the creation of a new duty on public bodies to have due regard to the need to eliminate unlawful discrimination and harassment of disabled people.


Author : Anna Lawson
Caroline Gooding
Publisher : Hart Publishing
Release : 2005-05-15
Page : 323
Category : Law
ISBN 13 : 1841134864
Description :


Recoge: 1. Human rights - 2. Anti-discrimination laws - 3. Achieving equality through law?


Author : Anna Arstein-Kerslake
Publisher : MDPI
Release : 2018-07-02
Page : 170
Category : Human rights
ISBN 13 : 3038423890
Description :


This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws


Author : Paul Harpur
Publisher : Cambridge University Press
Release : 2017-04-03
Page : 300
Category : Law
ISBN 13 : 1107119006
Description :


This book explores how restrictive copyright laws deny access to information for the print disabled, despite equality laws protecting access. It contributes to disability rights scholarship and ideas of digital equality in analysis of domestic disability anti-discrimination, civil, human and constitutional rights, copyright and other reading equality measures.


Author : Olivia Smith
Publisher :
Release : 2007
Page : 308
Category :
ISBN 13 :
Description :



Author : Brian John Doyle
Publisher : Jordans Pub
Release : 2003
Page : 512
Category : Law
ISBN 13 :
Description :


The Disability Discrimination Act 1995 imposed new duties on employers, trade organizations, service providers, property owners, educational bodies and public transport providers. It created new individual rights for disabled persons and opened up possibilities for new forms of litigation. Disability Discrimination: Law and Practice is the definitive guide to how this important legislation operates in practice in the UK. This new edition has been updated to take account of the many important developments in this area, including: new case law on the meaning of disability, and the employment and trade organization provisions in the Act; the prospective implementation of the remaining aspects of Part III of the Disability Discrimination Act 1995 which will place further duties on service providers from October 2004; the Special Educational Needs and Disability Act 2001 and its effects on schools, colleges and universities in relation to disabled pupils and students; and the likely reforms to the Disability Discrimination Act 1995 and the Disability Rights Commission Act 1999 following the Government's response to the Disability Rights Task Force report, its proposals for implementing the EC Employment Directive and the Disability Rights Commission first statutory review of the legislation. The book is an invaluable reference dealing with the developing body of law regulating disability discrimination for all those advising businesses, service providers and other organizations, and those representing disabled people in court or tribunal proceedings. The full text of the Disability Discrimination Act 1995 and the Disability Rights Commission Act 1999 is included.


Author : David Mitchell
Valerie Karr
Publisher : Routledge
Release : 2014-04-03
Page : 260
Category : Medical
ISBN 13 : 1135089205
Description :


People with disabilities are among the most adversely affected during conflict situations or when natural disasters strike. They experience higher mortality rates, have fewer available resources and less access to help, especially in refugee camps, as well as in post-disaster environments. Already subject to severe discrimination in many societies, people with disabilities are often overlooked during emergency evacuation, relief, recovery and rebuilding efforts. Countries party to the UN Convention on the Rights of Persons with Disabilities must take all necessary measures to ensure the protection and safety of people with disabilities during situations of armed conflict, humanitarian emergencies, and natural disasters. Such aid should be designed to support preparedness, response, recovery and rebuilding. This book includes perspectives from around the globe and explores the implications at the policy, programme, and personal level, discussing issues such as: How can national laws, policies, and regulations provide guidance, methods and strategies to integrate and coordinate inclusive emergency management? What should people with disabilities know in order to be prepared for emergency situations? What lessons have we learned from past experiences? What are the current shortfalls (physical and cultural) that put people with disabilities at risk during emergencies and what can be done to improve these situations (e.g. through new technologies and disaster planning)? How does disability affect people’s experiences as refugees and other displaced situations; what programmes and best practices are in place to protect and promote their rights during their period of displacement? How must disabled people with disabilities be factored in to the resettlement and rebuilding process; does an opportunity for ensuring universal access exist in the rebuilding process? What is the impact of disasters and conflicts on such special populations as disabled women, disabled children, and those with intellectual disabilities? Spotlighting a pressing issue that has long been neglected in emergency planning fields, this innovative book discusses how to meet the needs of people with disabilities in crises and conflict situations. It is an important reference for all those working in or researching disability and inclusion, and emergency and disaster management, both in developed and developing countries.


Author : House of Commons Work and Pensions Commi
Publisher : The Stationery Office
Release : 2009-04-29
Page : 95
Category : Political Science
ISBN 13 : 9780215529824
Description :


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.


Author : Fayyaz Vellani
Publisher : Routledge
Release : 2016-02-24
Page : 220
Category : Social Science
ISBN 13 : 131700499X
Description :


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.


Author : Maria Ventegodt Liisberg
Publisher : Intersentia Uitgevers N V
Release : 2011
Page : 414
Category : Law
ISBN 13 : 9781780680286
Description :


This book defined a contemporary disability human rights approach for the field of employment. Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, the book identifies four main requirements as characterizing the contemporary disability human rights approach on the labor market: 1) substantive equality founded on inclusive general structures, 2) a definition of disability which recognizes that disability results from the interaction between impairment and social structures and that all persons may, at one time or another, be disabled, 3) involvement of organizations of disabled persons in law and policy-making, and 4) a rights-based approach. It examines Danish and Swedish employment law and policy, as well as their compliance. In addition, EU law and policy is examined. The analysis and comparison of Danish and Swedish law and policy concentrates on four different areas of employment law and policy: disability equality, employers' obligations towards employees with disabilities and/or reduced working capacity, employment promotion for unemployed persons with disabilities, and income-replacement for persons with disabilities outside the labor market. The comparison shows that the main difference between Danish and Swedish disability employment law lies in the level of employers' obligations under employment protection law, as well as health and safety law. It is argued that this difference leads to more inclusive general structures on the labor market in Sweden and constitutes the main explanation for the extreme difference in employment rates for persons with disabilities and reduced working capacity in Denmark and Sweden. (Series: School of Human Rights Research - Vol. 43)