How Far Towards Equality' A Vulnerabilities Approach to the Rights of Disabled People

Posted: 6 Jul 2010

See all articles by Mary Keogh

Mary Keogh

National University of Ireland, Galway (NUIG)

Noelin Fox

National University of Ireland, Galway (NUIG)

Eilionóir Flynn

National University of Ireland, Galway (NUIG); University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Date Written: July 5, 2010

Abstract

This paper will explore the application of Fineman's vulnerability thesis in the context of the barriers to participation experienced by disabled people. It will address three central issues:

1. The role of the State in promoting the substantive equality of disabled citizens 2. The potential of the vulnerability thesis in bridging the gap between positive and negative rights 3. A holistic approach to disability discrimination based on vulnerability theory

In particular, this paper will focus on the multi-faceted nature of discrimination and analyse Fineman's guidance on how the State might redress this through investigating the systemic reasons for disadvantage and exclusion. It will also consider the effectiveness of providing legal remedies based on the vulnerabilities of individuals (assessed through environmental, social and cultural factors) rather than based on membership of a particular minority group.

Suggested Citation

Keogh, Mary and Fox, Noelin and Flynn, Eilionóir, How Far Towards Equality' A Vulnerabilities Approach to the Rights of Disabled People (July 5, 2010). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 29/2010. Available at SSRN: https://ssrn.com/abstract=1634806 or http://dx.doi.org/10.2139/ssrn.1634806

Mary Keogh

National University of Ireland, Galway (NUIG) ( email )

University Road
Galway, Co. Kildare
Ireland

Noelin Fox

National University of Ireland, Galway (NUIG) ( email )

University Road
Galway, Co. Kildare
Ireland

Eilionóir Flynn (Contact Author)

National University of Ireland, Galway (NUIG) ( email )

University Road
Galway, Co. Kildare
Ireland

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall
Berkeley, CA 94720-7200
United States

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