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Disability rights in practice: the relationship between human rights and social rights in contemporary social care
- Author:
- ELLIS Kathryn
- Journal article citation:
- Disability and Society, 20(7), December 2005, pp.691-704.
- Publisher:
- Taylor and Francis
Using the contemporary arena of social care as an example, this article challenges the either/or dichotomy set up by some disability writers and activists between the favoured civil and human rights on the one hand and discredited social rights on the other. This article draws on the example of social care in England to argue that this is an approach that not only misreads the true nature of civil and human rights, but also limits the possibilities for using the 1998 Human Rights Act to place pressure on both local authorities and professional assessors for the resources necessary to transform civil and human rights into practical realities. In particular, the potential for expanding disabled people’s social rights to both direct services and direct payments by enforcing the positive obligations on public authorities conferred by human rights legislation and challenging rationing regimes.