Perspectives on the Meaning of "Disability"

AMA J Ethics. 2016;18(10):1025-1033. doi: 10.1001/journalofethics.2016.18.10.pfor2-1610

University of Utah College of Law Research Paper No. 601

9 Pages Posted: 28 May 2024

See all articles by Leslie P. Francis

Leslie P. Francis

University of Utah - S.J. Quinney College of Law

Anita Silvers

San Francisco State University - Department of Philosophy

Date Written: April 17, 2019

Abstract

The meaning of “disability” has shifted with changes in public policy. Half a century ago, Congress was convinced that narrow determinations of disability are easy for physicians to make. But with the advent of universal civil rights protection against disability discrimination in the US, deciding whether particular individuals are disabled became increasingly contentious, until Congress intervened. What should now be addressed in each case is not whether the functionally compromised person is severely disabled enough to exercise a right, but whether mitigating interventions and reasonable accommodations can together achieve equitable access for that person.

Keywords: Disability Law

Suggested Citation

Francis, Leslie P. and Silvers, Anita, Perspectives on the Meaning of "Disability" (April 17, 2019). AMA J Ethics. 2016;18(10):1025-1033. doi: 10.1001/journalofethics.2016.18.10.pfor2-1610, University of Utah College of Law Research Paper No. 601, Available at SSRN: https://ssrn.com/abstract=3374028

Leslie P. Francis (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Anita Silvers

San Francisco State University - Department of Philosophy ( email )

1600 Holloway Avenue
San Francisco, CA 94132
United States

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