The Disability Discrimination Act was 20 years old in 2015 and received much attention, being presented as a cause for celebration. In what follows the author suggests that this is far from being an accurate assessment of its impact and he goes on to suggest that it was not achieved as a result of a broad consensus but rather the product and ultimate betrayal of the hopes and dreams of disabled people themselves. As such, his version of this history has important lessons for disabled people.
(Edited publisher abstract)
The Disability Discrimination Act was 20 years old in 2015 and received much attention, being presented as a cause for celebration. In what follows the author suggests that this is far from being an accurate assessment of its impact and he goes on to suggest that it was not achieved as a result of a broad consensus but rather the product and ultimate betrayal of the hopes and dreams of disabled people themselves. As such, his version of this history has important lessons for disabled people.
(Edited publisher abstract)
The nature of education that children with disabilities should receive has been subject to much debate. This article critically assesses the ways in which the international human rights framework has conceptualised ‘inclusive education’. It argues that the right to education for children with disabilities in international law is constitutive of hidden contradictions and conditionality
(Publisher abstract)
The nature of education that children with disabilities should receive has been subject to much debate. This article critically assesses the ways in which the international human rights framework has conceptualised ‘inclusive education’. It argues that the right to education for children with disabilities in international law is constitutive of hidden contradictions and conditionality. This is most evident with respect to conceptualisations of ‘inclusion’ and ‘support’, and their respective emphases upon the extent of individual impairment or ‘deficit’ rather than upon the extent of institutional or structural deficit. It is vital that the new Committee on the Rights of Persons with Disabilities pays close attention to the utilisation of these concepts lest the Convention on the Rights of Persons with Disabilities further legitimises the ‘special needs’ educational discourse to which children with disabilities have been subject.
(Publisher abstract)
The Academic Network of European Disability Experts (ANED) was established to provide a mechanism for monitoring and evaluating EU laws and policies that affect disabled people. This annotated overview of EU legislation and policy instruments both updates and extends a provisional mapping of legislative instruments first conducted for ANED in 2008. The review covers both disability-specific...
The Academic Network of European Disability Experts (ANED) was established to provide a mechanism for monitoring and evaluating EU laws and policies that affect disabled people. This annotated overview of EU legislation and policy instruments both updates and extends a provisional mapping of legislative instruments first conducted for ANED in 2008. The review covers both disability-specific and mainstream instruments. It provides evidence of the extent to which disability is being mainstreamed in different areas of EU law and policy. The summaries and examples presented here relate to primary and secondary EU legislation, as well as soft-law instruments that are currently in force.
One of the functions of the Academic Network of European Disability experts (ANED) is to establish a mechanism for monitoring and evaluating EU laws and policies that affect disabled people. This annotated overview of EU legislation and policy instruments updates and extends a provisional mapping of legislative instruments conducted for the ANED in 2008. The review covers both disability-specific...
One of the functions of the Academic Network of European Disability experts (ANED) is to establish a mechanism for monitoring and evaluating EU laws and policies that affect disabled people. This annotated overview of EU legislation and policy instruments updates and extends a provisional mapping of legislative instruments conducted for the ANED in 2008. The review covers both disability-specific and mainstream instruments up to the end of 2009. The presented summaries and examples relate to primary and secondary EU legislation, as well as soft-law instruments that are currently in force. The areas covered are: general, financial and institutional matters; customs union and free movement of goods; agriculture; freedom of movement for workers and social policy; right of establishment and freedom to provide services; transport; competition; taxation; economic and monetary policy and free movement of capital; external relations; industrial policy and the internal market; regional policy and coordination of structural instruments; environment, consumers and health protection; science, information, education and culture; law relating to undertakings; and freedom, security and justice.
The Disabled Persons’ Parking (Scotland) bill is a members bill, introduced by Jackie Baillie MSP on 2 June 2008. The aim of the bill is to make disabled persons’ parking places legally enforceable, preventing the misuse of such parking places by those not entitled to use them. This paper explains the current process for implementing disabled persons’ parking places and discusses changes proposed by the bill. It also provides background information on parliamentary activity, research on transport and disability, and existing duties on public authorities under disability discrimination legislation.
The Disabled Persons’ Parking (Scotland) bill is a members bill, introduced by Jackie Baillie MSP on 2 June 2008. The aim of the bill is to make disabled persons’ parking places legally enforceable, preventing the misuse of such parking places by those not entitled to use them. This paper explains the current process for implementing disabled persons’ parking places and discusses changes proposed by the bill. It also provides background information on parliamentary activity, research on transport and disability, and existing duties on public authorities under disability discrimination legislation.
A Guide to the Human Rights Act for people with learning disabilities uses examples from everyday life to help explain what human rights means for them. Human rights are for everyone, especially the most vulnerable in society. This easily accessible booklet sets out the purpose of the Human Rights Act and the protections it affords. The booklet was produced by the Ministry of Justice with the help of Working with Words, a specialist supplier of services for people with learning disabilities and low literacy. It uses examples from work, supported housing, day services and dealing with the local council to illustrate how human rights apply to people's everyday lives.
A Guide to the Human Rights Act for people with learning disabilities uses examples from everyday life to help explain what human rights means for them. Human rights are for everyone, especially the most vulnerable in society. This easily accessible booklet sets out the purpose of the Human Rights Act and the protections it affords. The booklet was produced by the Ministry of Justice with the help of Working with Words, a specialist supplier of services for people with learning disabilities and low literacy. It uses examples from work, supported housing, day services and dealing with the local council to illustrate how human rights apply to people's everyday lives.
Subject terms:
human rights, law, learning disabilities, disabilities;
Advances in Mental Health and Intellectual Disabilities, 11(2), 2017, pp.65-73.
Publisher:
Emerald
This paper describes an important part of the New Dutch Care and Coercion Act (Wet zorg en dwang) concerning reporting the use of coercive measures. The implications of reporting the use of coercive measures have been discussed at a meeting for experts in mental health law and the care of people with an intellectual disability. The issue has been presented to the participants as neutrally as possible, so...
(Publisher abstract)
Purpose: The purpose of this paper is to advance a number of outlooks on the reporting of the use of coercive measures in the care for persons with intellectual disabilities. The following questions will be discussed: which forms of involuntary care should be externally reported and how is this external reporting influenced by environmental and other factors?
Design/methodology/approach: This paper describes an important part of the New Dutch Care and Coercion Act (Wet zorg en dwang) concerning reporting the use of coercive measures. The implications of reporting the use of coercive measures have been discussed at a meeting for experts in mental health law and the care of people with an intellectual disability. The issue has been presented to the participants as neutrally as possible, so as to provide the researchers a comprehensive picture of the different views on reporting the use of coercive measures. The outcome of this meeting has served as the input for a further step in the research – using the Delphi method – in order to address the issue comprehensively.
Findings: The Dutch legislation on reporting involuntary care implies that measures carried out only in the face of resistance should be externally reported. The experts that participated in this study endorse the importance of a real-time external reporting system. They believe that standardized and reliable external reporting requires involuntary care, the categories of involuntary care and the environmental and other factors that affect external reporting to be defined more concretely. They regard environmental and other factors as decisive for assessing whether a measure constitutes involuntary care. This in turn, therefore, has consequences for whether such incidents should be reported.
Research limitations/implications: Many concepts in the new Dutch Care and Coercion Act (Wet zorg en dwang) are not formally defined. Instead, the legislator has left it to those in the field to decide how they should be interpreted. This prompted many questions from those attending the expert meeting and in our own analysis. The researchers could possibly have resolved this confusion during the meeting by formulating more detailed definitions of terms such as “resistance” and “involuntary care” beforehand. The disadvantage of this, however, would have been that those attending the meeting would have had no opportunity to define the terms on the basis of their own expertise. As a result, the researchers have obtained all relevant information comprehensively to use as the input for the next step of the research, which employs the Delphi method.
Practical implications: This viewpoint emphasises the need to take a wide range of factors into account throughout the process in order to establish whether care can be seen as involuntary. The researchers regard the care providers’ expertise in dealing with these factors – client factors, and behavioural or environmental factors, for example – as being of essential importance if care is to be recognised as involuntary and reported as effectively as possible. Therefore, the researchers discuss whether the legal position of clients is protected if care providers register only those forms of involuntary care where there is obvious resistance. In this case, many forms of resistance are overlooked, which may be to the detriment of the legal protection of clients with intellectual disabilities. However, the system in the UK shows that it can be quite complicated to develop a clear definition of involuntary care that is usable in practice, without giving rise to an enormous amount of bureaucracy and thus distracting from the real issue: protecting the legal position of clients with an intellectual disability.
Originality/value: Academic papers clearly demonstrate that external reporting of involuntary care has not yet become properly established, either in the Netherlands or elsewhere, such as in the UK. This paper seeks to provide insights into new Dutch legislation about external reporting of involuntary care. By organising a meeting with experts, the factors that have so far acted as obstacles in the reporting of involuntary care are problematized. The findings of this paper will help to further the process of developing an effective system for reporting involuntary care.
(Publisher abstract)
This supplement summarises the key provisions of housing law in Wales. It is divided into four Parts. Part 1 relates to the Housing (Wales) Act 2014, and the remaining three Parts relate to the key changes that will be introduced by the Renting Homes (Wales) Act 2016. Specifically, Part 1 summarises the key changes introduced by the 2014 Act, particularly in relation to landlord registration
(Edited publisher abstract)
This supplement summarises the key provisions of housing law in Wales. It is divided into four Parts. Part 1 relates to the Housing (Wales) Act 2014, and the remaining three Parts relate to the key changes that will be introduced by the Renting Homes (Wales) Act 2016. Specifically, Part 1 summarises the key changes introduced by the 2014 Act, particularly in relation to landlord registration and licensing, and homelessness. Part 2 explains the new arrangements under which people will be able to rent accommodation in Wales, and the key features of those arrangements. Part 3 explains the grounds that a landlord can rely upon when bringing possession proceedings and the defences that may be relied upon by a tenant (contract-holder) when threatened with eviction. Part 4 explains the obligations of landlords to repair rented property and the limitations on these obligations. The Appendix contains a flow chart, which provides an overview of the various occupation contracts that will be available under the Renting Homes (Wales) Act 2016.
(Edited publisher abstract)
Disability and Society, 29(10), 2014, pp.1511-1523.
Publisher:
Taylor and Francis
Adjustments to working arrangements and the working environment have enabled organisations to recruit and retain valuable staff and helped disabled individuals to work and progress in their careers. The qualitative study reported in this paper indicates that generally good adjustments-related practice across 33 British local authorities was beginning to deteriorate under the impact of government spending cuts; and was at further risk from the dismantling of legal protections. The findings have implications for local authorities, but also for national policy-makers and those wishing to influence them.
(Publisher abstract)
Adjustments to working arrangements and the working environment have enabled organisations to recruit and retain valuable staff and helped disabled individuals to work and progress in their careers. The qualitative study reported in this paper indicates that generally good adjustments-related practice across 33 British local authorities was beginning to deteriorate under the impact of government spending cuts; and was at further risk from the dismantling of legal protections. The findings have implications for local authorities, but also for national policy-makers and those wishing to influence them.
(Publisher abstract)
Subject terms:
local authorities, employment, disabilities, law, cutbacks;
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing...
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Contents include: Introduction; property law claims: proprietary estoppel and constructive trusts; statutory enforcement of testamentary promises; unjust enrichment; family provision; ‘inter vivos’ provision on the breakdown of caring relationships; undue influence; and conclusion.
Subject terms:
informal care, law, older people, carers, disabilities;