Abstract

http://ssrn.com/abstract=1552010
 
 

Citations (5)



 
 

Footnotes (180)



 


 



Beyond Disability Civil Rights


Michael Stein


William & Mary Law School; Harvard Law School

Penelope J. S. Stein


Harvard Law School

2007

Hastings Law Journal, Vol. 58, p. 1203, 2007
William & Mary Law School Research Paper No. 09-38

Abstract:     
This Article argues that to be effective both domestic and international disability rights must adopt a disability human rights paradigm. Such a framework combines the type of civil and political rights provided by antidiscrimination legislation (also called negative or first-generation rights) with the full spectrum of social, cultural, and economic measures (also called positive or second-generation rights) bestowed by many human rights treaties. By acting holistically, this agenda accounts for factors normally exogenous to civil rights laws and ensures that individuals can flourish and participate in their societies. Accordingly, our intention is to share some thoughts on how to best provide disabled citizens with equal opportunity rather than “merely” equal treatment. Internationally, States and civil society organizations have been developing innovative and effective equality measures. We draw on their experiences in providing examples of how disability legislation ! and policy can be developed to implement a more holistic human rights approach. These lessons are also pertinent for invigorating the ADA.

The Article proceeds as follows: Parts I and II briefly overview the origins, moral salience, and limitations of the social model’s disability civil rights agenda. Next, Part III advocates for a more integrated, human rights-based approach to disabled empowerment based on a disability human rights paradigm as exemplified by the forthcoming UN Disability Rights Convention. Finally, Part IV briefly illustrates how international practices, in line with a disability human rights based framework can facilitate the development of more effective disability legislation and policy.

Number of Pages in PDF File: 39

Keywords: Disability, Civil Rights, Human Rights, United Nations, Employment Law

working papers series


Download This Paper

Date posted: February 12, 2010  

Suggested Citation

Stein, Michael and Stein, Penelope J. S., Beyond Disability Civil Rights (2007). Hastings Law Journal, Vol. 58, p. 1203, 2007; William & Mary Law School Research Paper No. 09-38. Available at SSRN: http://ssrn.com/abstract=1552010 or http://dx.doi.org/10.2139/ssrn.1552010

Contact Information

Michael Ashley Stein (Contact Author)
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
(757) 221-3762 (Phone)
Harvard Law School ( email )
1563 Massachussetts Avenue
Pound Hall 423
Cambridge, MA 02138
United States
617-495-1726 (Phone)
Penelope J. S. Stein
Harvard Law School ( email )
1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States
Feedback to SSRN


Paper statistics
Abstract Views: 801
Downloads: 172
Download Rank: 99,698
Citations:  5
Footnotes:  180

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.312 seconds