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The introductory chapter outlines the book’s central premise: disabled people have as much right to live in the world as the non-disabled. It introduces the human rights and critical disability studies methods used to interrogate the problem of disability discrimination throughout the life cycle, especially at the beginning and end of life. Along with providing an overview, the introductory chapter argues that the book is particularly needed because disability equal rights struggles remain marginal in mainstream bioethics and law.
Chapter 6 examines the regulation of access to controlled and prohibited substances for symptomatic relief and palliative care. It argues that restrictive drug control policies, especially uniform drug prohibition, are incompatible with disability rights because they are discriminatory against disabled people in pain. The chapter concludes that permitting a wider range of controlled substances to be accessed by people with impairments, especially those eligible for assisted dying, strengthens their right to live in the world by giving them greater options to live with their conditions.
The refusal and withdrawal of life-sustaining treatment and care by, and on behalf of, people with impairments are the focus of Chapter 4. The chapter argues that greater attention must be given to the socio-economic contexts in which these non-treatment decisions are made. It also argues that the selective non-treatment of disabled infants and the non-consensual withholding and withdrawal of life-sustaining care from people with disorders of consciousness are incompatible with disability rights. The chapter concludes that disabled people, and their health care proxies, should not simply have rights to refuse or withdraw life-sustaining interventions, they must also have rights to request life support.
Chapter 2 focuses on the regulation of selective abortion following prenatal screening and testing. It argues that disability-selective abortion bans may appear to be compatible with disability rights but that such bans are ultimately misguided because they fail to recognise the socio-economic context in which reproductive decisions are made by prospective parents. The chapter concludes that disability-inclusive abortion laws would not legally entrench differential time limits for pregnancy termination based on foetal impairment: if disabled foetuses can be aborted until birth, then the same should apply to non-disabled foetuses.
The regulation of embryo testing, selection, and gene editing, as part of assisted reproduction, is the focus of Chapter 3. The chapter argues that restricting or prohibiting the transfer of embryos with impairments during assisted reproduction is incompatible with disability rights. It also argues that if embryos can have their impairments removed through gene editing, then preventing the creation of disabled embryos would be incompatible with regulating assisted reproduction in a disability-inclusive manner.
Chapter 5 focuses on the regulation of physician-assisted suicide and euthanasia, or medically assisted dying. The chapter considers whether restricting access to assisted dying to people with impairments amounts to disability discrimination. It contends that any ‘right to die’ should apply no more to people with impairments, including those with life-threatening conditions, than to others. The chapter concludes that impairment-based eligibility for assisted dying legally entrenches ableism and that only disability-neutral assisted dying laws would be compatible with disability rights.
Pre-approval access rights to potentially life-preserving experimental treatment is the focus of Chapter 7. The chapter considers whether people with life-threatening conditions should have a right to access possibly life-saving experimental treatments, as embodied in right to try laws. It argues that, despite their significant shortcomings, right to try laws bolster disability rights by seeking to advance the right to life and survival of people with life-threatening conditions beyond medically assisted dying.
The concluding chapter summarises the book’s central argument that laws, policies, and practices which privilege the birth and survival of the non-disabled fundamentally challenge the notion that people with impairments have an equal right to live in the world. It also discusses avenues for further research, before closing with some final remarks.
To use Ronald Dworkin’s well-known phrase, moral equality is usually taken to be the ‘egalitarian plateau’ on which theories of social justice (including theories of social equality) are built. If this is right, then people living with dementia must be our moral equals, in the sense of possessing the same basic moral standing, if we are to have duties of social justice towards them. Yet there are a number of influential moral philosophers who hold that severe cognitive disability, including advanced dementia, can strip a person of this status. This chapter defends the moral equality of people living with dementia, at all stages of progression, and thereby also defends the weight of their claims to social justice.
In the United Kingdom, the “New Labour” administration that came to power in 1997 has promoted two models of partnership between the state and the voluntary sector. The civic engagement model is based on the renewed interest among governments in the potential of voluntary organizations to contribute to the civic engagement of citizens. In the service delivery model, voluntary organizations are recruited to the task of delivering core social services. Drawing on data from disability-related voluntary organizations in Northern Ireland, this paper illustrates the impact of the service delivery partnership model on the development of voluntary action in the welfare field, and the relative paucity of resources allocated to participatory voluntary action and civic engagement. The consequent impact on the development of partnerships between the state and the voluntary sector is discussed.
Despite policy calling for compulsory education in China, many children with autism are not in school. This article examines the establishment of autism-related non-governmental organizations (NGOs) in China to meet needs not being met by the state. We focus on the background and motivation in founding and running these NGOs, after first considering the broader context of state decentralization and NGOs roles in supplementing welfare needs in reforming societies, and the educational policy context of China. This study used mixed methods, including questionnaires with open-ended and limited choice questions, and follow-up discussion email. The goals of NGO leaders—more than 50% of whom are parents of children with autism—are to make up for where government implementation of educational policy is insufficient; help others and advocate for inclusion in society; and do meaningful work. Implications from these findings are discussed.
This paper has a twofold focus: to establish a method of assessing the potential social impact of arts and disability projects and to apply this method to ten such projects. It does so by using a newly developed ‘ripple’ model that conceptualises social impact in terms of the development of active citizenship on the part of all participants over time. The model identifies ten factors (programme activity, welcoming, belonging, programme social values, individual social values, programme networks, individual networks, skills and creativity, programme wider social impact, and individual wider social impact) which evolve through four progressive stages. The original model is empirically adapted for application to arts and disability projects. Qualitative data were collected in the form of interviews, surveys and media reports across ten case studies, each representing a major arts and disability project offering a professional outcome for an external audience. The qualitative data were coded to provide a simple scoring tool for each case. The results support the application of the model in this context. Furthermore, findings indicate three critical conditions which enable projects to generate considerable positive social impact beyond the individual; ensemble in nature; project embeddedness; and networks and partnerships.
Despite increasing global respect for disability rights since the 2008 entry into force of the UN Convention on the Rights of Persons with Disabilities (CRPD), the equal right to live in the world for disabled people continues to be undermined. This undermining stems from a range of factors, not least the selective prevention and termination of disabled lives, along with long-standing barriers to life-sustaining care, including restricted access to controlled substances and experimental treatment. Investigating the problem of disability discrimination at the margins of life and death, Tony Bogdanoski draws on a range of materials, including international human rights law, reports of UN treaty monitoring bodies and special rapporteurs, and laws largely from the US, UK, and Canada to explore how selective reproduction, assisted dying, and drug control impact struggles for disability equality. His insights are broad in consequence, spanning the fields of disability studies, human rights, law, and bioethics.
This chapter focuses on the work of Judith Butler and Eve Kosofsky Sedgwick. It offers an account of the major strands of their thinking, how their work evolved over the course of the 1990s and early 2000s, and the ways some important formulations in queer and trans studies can be traced directly or indirectly back to these writers. Sedgwick engages with the entangled relations between sexuality, knowledge, and feeling and Butler with the coconstitutive connections among gender, sexuality, and notions of embodiment. Butler’s and Sedgwick’s critiques of what were commonsensical ideas about gender and sexuality still raise powerful questions about bodies, identity, and collective movements, even as later scholarship puts pressure on the implicit frameworks that shape how those questions are posed and addressed in their work.
The organisation and financing of services dominate long-term care policy and research. This article argues for reorientation towards the social determinants of long-term care and the inequalities they generate. Building on Dahlgren and Whitehead’s influential equivalent for health, the article offers a framework for understanding how inequalities in long-term care need, access and experience are shaped by social networks, living and working conditions, services and policies, social norms, and political, economic and environmental conditions. International evidence on inequalities in need, access and experience is reviewed, and new analysis is presented for England, based on analysis of the Health Survey for England and the Adult Social Care Survey. Socio-economic inequalities are associated with steep gradients in need. Combined with unequal access to formal services, this results in more unmet need among disadvantaged people and a greater weight of responsibility on their family and friends. The final section explores the implications of a social determinants’ perspective for long-term care: addressing ‘upstream’ drivers of need (including social protection, housing and neighbourhood regeneration); inclusion and empowerment agendas; and ensuring that services effectively compensate for, rather than re-enforce, inequalities.
People with disabilities in the US are now a health disparities population. Though 25% of US adults have a disability, only 5% of medical research grants are disability related. Knowledge about researchers’ perceived barriers to including people with disabilities in research has focused on a single disability/condition and thus has limited translational science applications. Our CTSA’s Disability as Difference: Reducing Researcher Roadblocks (D2/R3) project examined such roadblocks towards inclusion of people with intellectual and developmental disabilities (I/DD). I/DDs are broad, heterogeneous conditions that originate in childhood, have varying impact and function, and persist throughout the lifespan. Strategies that mitigate their under-representation in research will likely have general applicability to all disabilities. In D2/R3’s first phase we conducted semi-structured interviews with translational science and I/DD program leaders at ten US institutions about perceived barriers and facilitators to including people with I/DD in research. Interviews were held with 25 individuals from partnering Intellectual and Developmental Disabilities Research Centers, University Centers for Excellence in Developmental Disabilities, and Clinical and Translational Science Award programs. Collaborative thematic coding identified key themes as: attitudinal barriers (e.g., assumptions about consent capacity), logistical barriers (e.g., accommodation costs), health disparities, and generalizability concerns. Findings informed development of a survey based on Prosci’s ADKAR® model of change management’s five components: Awareness, Desire, Knowledge, Ability and Reinforcement. Exclusion appears to stem from researchers’ lack of awareness, misconceptions, and knowledge gaps rather than insurmountable obstacles.
On my account, dehumanization is the act of conceiving of others as less than human creatures. When this occurs, it is never complete, because those that dehumanize others cannot avoid recognizing their humanness. Consequently, dehumanization involves regarding others as both fully human and fully subhuman beings. Inferences about dehumanizing states of mind are based on interpretations of human behavior. A Davidsonian account of interpretation has it that we interpret behavior in such a manner as to make it maximally coherent, rational, and consistent. In contrast, a Freudian account of interpretation has it that the human mind is largely incoherent, irrational, and inconsistent. The dichotomy between Davidsonian and Freudian hermeneutic strategies accounts for disagreements between realists and skeptics about dehumanization, because of dichotomous interpretations of the testimony of perpetrators and victims. Skepticism about dehumanization often invokes an Objection from Strangeness to call into question such testimony. However, Objections from Strangeness rely on questionable commonsense psychological assumptions.
The Equality Act provides protection against discrimination on the ground of various protected characteristics: sex, race, disability, age, religion and gender. It protects against direct discrimination where there is adverse treatment because of a protected characteristic, and also indirect discrimination where the same rule is applied to all groups but has an unjustified and disproportionate adverse effect on a group. Adverse treatment includes harassment and victimisation. There is in addition a duty of reasonable accommodation for disabled workers. The law also requires equal pay for women for similar work or work that has equal value to that performed by men.
This chapter addresses the principle of non-discrimination within international administrative law. It examines how international administrative tribunals distinguish between types of discrimination—direct, indirect, positive, and negative—and outlines the allocation of the burden of proof in these cases. The chapter reviews grounds of discrimination, such as race, gender, nationality and place of residence, age, and disability. The jurisprudence spans a variety of contexts, including recruitment, salaries and financial entitlements, career progression, pension rights, and contract termination. The chapter also analyses the principle of equal pay for equal work, a cornerstone of the prohibition of discrimination, discussing its scope and limits. While many rulings reflect a high standard of scrutiny, some structural forms of discrimination persist within employer organisations, particularly concerning gender. The chapter concludes that, despite advancements, international administrative tribunals continue to play a crucial role in addressing and reducing discrimination through judicial oversight.
A growing number of Medicaid programs have expanded to employ family members to provide long-term home care to individuals with disabilities, challenging the traditional wisdom that the law systematically denies the economic value of family caregiving. This article qualitatively studies a novel dataset of fair hearing records arising out of one of these programs—New York State’s Consumer-Directed Personal Assistance Program (CDPAP)—and makes two contributions to the literature on care, disability, and the welfare state. First, this article explores the new public/private boundary of care when the state limitedly expands its public care responsibility by compensating some family caregiving, providing a more nuanced picture of how the legal system both values and undervalues care. Second, it contributes to disability law scholars’ debate about medicalization by studying how medicalization works as a state legibility project in the context of state-supported disability care. Especially for traditionally undervalued social goods such as care, medicalization provides some metrics, albeit highly constrained, to make its value visible. Meanwhile, through capturing care recipients and their families’ more expansive understandings of care’s value, this study reveals the constraints of these metrics and supports making the relational dimension of care legible to the state.