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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.
On cover and title page: Equality Act 2010 code of practice
While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.
This book's basic premise is that disabled people themselves know best what their needs are and that they should be involved in the planning and delivery of relief and development initiatives. The most effective support that agencies can offer is to empower them to claim their basic human rights and their civil and legal rights. The text is based on the experience of Oxfam staff working before, during and after the crisis in Kosovo; but its principles and practical training materials can be applied far more widely. Case studies from Africa and Asia arising from the work of Action and Disability and Development (ADD) show how the values of equality, empowerment and autonomy that are promoted by the social model of disability are universal in their relevance. It suggests practical materials particularly useful to trainers working in geographically isolated areas without access to sophisticated equipment. Most activities and exercises can be adapted for use in groups of people with a wide range of impairments and educational levels.
This book probes what equality is and this means for both those at the centre and on the margins of British society.
The austerity crisis and threat to disability rights. New updated edition includes the impact of COVID on Britain's 14 million disabled people. In austerity Britain, disabled people have been recast as worthless scroungers. From social care to the benefits system, politicians and the media alike have made the case that Britain’s 12 million disabled people are nothing but a drain on the public purse. In Crippled, journalist and campaigner Frances Ryan exposes the disturbing reality, telling the stories of those most affected by this devastating regime. It is at once both a damning indictment of a safety net so compromised it strangles many of those it catches and a passionate demand for an end to austerity, which hits hardest those most in need.
This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.
Arguing that disability is a civil rights issue, this study outlines, often using official statistics, the denial to disabled people of full and equal access to the institutions of British society. It contends that only disabled people themselves can bring about a change in this situation.
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.
Publication of this document is allowed under the Open Government Licence.If you are happy to download, print and bind the document for yourself then it is FREE to download in pdf form from the DfE website. On the other hand, you might like to adorn your desk or bookshelf with this beautifully bound version instead!This is non-statutory advice from the Department for Education. It has been produced to help schools to understand how the Equality Act affects them and how to fulfil their duties under the Act. It has been updated to include information on same-sex marriage.On 1 October 2010, the Equality Act 2010 replaced all existing equality legislation such as the Race Relations Act, Disability Discrimination Act and Sex Discrimination Act. It has consolidated this legislation and also provides some changes that schools need to be aware of.This advice is for school leaders, school staff and governing bodies in maintained schools and academies but may also be useful for local authorities and parents.