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Purpose: This study explores small businesses' knowledge base and practices concerning interviewing and hiring job candidates with disabilities, as they are not required to comply with the provisions of the Americans with Disabilities Act (ADA). Methods: We first conducted 18 in-depth interviews with small business owners to explore their knowledge of the ADA, their practices surrounding hiring (for those with and without disabilities), and their sense of the best practices for how a candidate should navigate the interview and request for accommodations. Responses were then used to create a survey of an additional 110 small business owners. Results: Six themes arose from the interviews, illuminating the steep learning curve involved in each (1) hiring well, (2) the need to trust an employee's character as much as their skill set, (3) the need for an employee to fit within the small business's family-like environment, (4) the preference for job candidates to be transparent about their needs as early as possible, (5) the importance of personal experience with disability, and (6) the difficulty in obtaining precise information about the ADA. Survey responses supported the general findings of the interviews while also providing information about the relative rarity of encountering a job candidate with a disability. Conclusion: Hiring employees with disabilities is challenging for small businesses, and bias is difficult to avoid. The availability of clear information on how to comply with the ADA and other laws and practices would be welcome by many small business owners. [ABSTRACT FROM AUTHOR]

Fulfilling the rights of persons with disabilities is a shared responsibility between the government and society. Philosophically and juridically, the legal umbrella is the basis for fulfilling the rights of persons with disabilities in various fields. In reality, there is still discrimination against people with disabilities in various areas of life, including in the field of education. The problem formulation in this paper aims to examine how the reformulation of disability law policy in the education sector is in line with the values ​​of social justice. This research is normative legal research using a conceptual, statutory approach. Sources of legal materials are primary legal materials, namely from legislation, books and journals. The data collection method uses library research, analyzed using a deductive thinking process to draw conclusions. The results of the research show that legal reformulation of persons with disabilities in the education sector is carried out with reference to philosophical (in accordance with Pancasila), juridical (harmonization and synchronization) of regulations regarding persons with disabilities both based on national and global law), and sociological (discrimination against persons with disabilities still occurs). which is contrary to human rights). The reformulation framework proposed by the author, harmonization and synchronization in the use of the term and classification of "disability" in legislation, harmonization and synchronization of rights in the field of education, reviewing inclusive school policies so that they comply with the principles of social justice.

Since the passage of the landmark Americans with Disabilities Act of 1990, the United States federal government, states, and localities have passed laws and created policies intended to ensure that people with disabilities had full and equal access to public spaces. Nevertheless, more than three decades after the ADA, people with disabilities continue to face architectural and other barriers to community inclusion and participation. This article describes laws, policies, and initiatives that are implemented in the United States at the federal, state, and local levels to address these barriers, examines their effectiveness, and describes the views of advocates working in furtherance of the rights of people with disabilities and the inclusiveness of public spaces. We conclude by providing brief recommendations for ways federal, state, and local governments may ensure people with disabilities have full and equal access to public spaces. [ABSTRACT FROM AUTHOR]

It is helpful to think about the needs of patients with moderate to severe brain injury through the lens of disability law. However, there are limitations to current disability law that contribute to ongoing segregation and marginalization of individuals with severe brain injury. Indeed, one of the paradoxes of American jurisprudence is that more clear constitutional protections accrue to those who have definitively immutable conditions. Thus, as neuroscience brings new therapies to those with brain injury, they may become less protected by the constitutional elements of disability law because their conditions have changed and become mutable. This is the clinical progress that brain injury professionals all seek to achieve, but ironically these advances could potentially degrade the legal protections of patients who benefit from emerging treatments. In this paper, we will critically examine this paradox at the interface of medicine and the law and suggest that the Americans with Disabilities Act (ADA) could be nicely complemented by legislation we have named the Americans with Abilities Act (AWAA). Instead of focusing on disabilities that need protection, the AWAA seeks to sustain and foster newfound abilities made possible by the fruits of medicine and neuroscience. [ABSTRACT FROM AUTHOR]

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) guarantees the right of all children to receive inclusive education and requires reasonable accommodations be provided accordingly. Japan, which ratified the CRPD in 2014, now positions the social model of disability at the core of its domestic laws and, in schools, we see more provisions of reasonable accommodations for children with disabilities. In this article, we analyze the very first judgments delivered on reasonable accommodations for children with medical care needs since Japan's ratification of the CRPD. The case was closed by simply recognizing the "financial limitations" of the municipal government and school while excessively emphasizing the parents' "duty to ensure children to receive general education." Such a judgment did not sufficiently reflect the intent of the CRPD and relevant domestic laws guaranteeing inclusive education as a "human right" for children. We expect an inversion of this case in the future. [ABSTRACT FROM AUTHOR]

People encounter disability in public spaces where accommodations are granted to those who fit into this protected legal class. Nondisabled people desire many of these accommodations—such as the use of reserved parking spots or the ability to avoid waiting in a queue—and perceive them as “special rights” prone to abuse. This apprehension about the exploitation of rights by those pretending to be disabled, which I refer to as “fear of the disability con,” erodes trust in disability law and affects people with disabilities both on an individual level and a group level. Individuals with disabilities are often harassed or questioned about their identity when using their rights. As a group, disabled people are forced to navigate new defensive policies that seek to address widely held perceptions of fakery and abuse. This Article uses a series of survey experiments conducted with multiple nationally representative samples totaling more than 3200 Americans along with forty-seven qualitative in-depth interviews. It brings to light the psychological mechanism of suspicion and identifies factors that motivate fear of the disability con in public spaces. Findings counterintuitively suggest that the scarcity of the desired public resources has no effect on the level of suspicion against potential abusers. Rather, it is the sense of deservingness (or lack thereof) in the eyes of others that drives suspicion. Using these empirical findings, as well as analysis of relevant case law, this Article outlines the normative implications for the design and implementation of laws affecting millions of individuals. Furthermore, this research contributes to our understanding of how rights behave on the ground, both with regard to disability and to myriad distributive policies.

Since the passage of the landmark Americans with Disabilities Act of 1990, the United States federal government, states, and localities have passed laws and created policies intended to ensure that people with disabilities had full and equal access to public spaces. Nevertheless, more than three decades after the ADA, people with disabilities continue to face architectural and other barriers to community inclusion and participation. This article describes laws, policies, and initiatives that are implemented in the United States at the federal, state, and local levels to address these barriers, examines their effectiveness, and describes the views of advocates working in furtherance of the rights of people with disabilities and the inclusiveness of public spaces. We conclude by providing brief recommendations for ways federal, state, and local governments may ensure people with disabilities have full and equal access to public spaces.

This Article explores the connections between disability and health justice in service of further tethering the two theories and practices. The author contends that disability should shift from marker of health inequity alone to critical demographic in the analytical and practical application of health justice. This theoretical move creates a more robust understanding of the harms of health injustice, its complexities, and, remedially, reveals underexplored legal and policy pathways to promote health justice. [ABSTRACT FROM AUTHOR]

Evolving changes in the law and documentation guidelines since the 1990 Americans with Disabilities Act have led to a loosening of the definition of disability, in which relative weaknesses are now interpreted as evidence of a disability. In this paper, after acknowledging my own shortcomings, I trace the evolution of the law and documentation guidelines from the late 1990s to the present. I discuss how this has led to increased pressure from parents and students on evaluating clinicians to diagnose a disorder and confirm that the student has a disability that requires academic accommodations. Rather than recommending effective interventions and compensatory strategies, many stakeholders (parents, students, psychologists, disability support professionals) now seem to preferentially favor provision of accommodations. I conclude by describing how these changes have affected my own practice and make recommendations for best practices for disability documentation. [ABSTRACT FROM AUTHOR]

Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) emphasises full and equal legal capacity of all citizens to participate in decisions. This paper examines whether the principles of Article 12, also reflected in other reform documents, were evident within 12 guardianship hearings conducted in Victoria, Australia from 2001 to 2016 involving adults with cognitive disability. The issues this study raises resonate loudly across the globe as multiple signatory nations to the CRPD grapple with the complexities of implementing Article 12. Reports of VCAT decisions with written reasons of Guardianship List hearings from 2001 to 2016 were selected from the Australasian Legal Information Institute site and analysed thematically. Thematic analysis of proceedings revealed three consistent trends. Firstly, a presumption of incapacity based on disability excluded Proposed Represented Persons (PRP) from involvement in decision-making. Secondly, external perceptions of PRPs best interest were dominated by safeguarding concerns and conflict between supporters. Finally, in multiple cases, although a PRP's preference had been established, it was considered immaterial to the final decision. The paper concludes with a promising discussion of the new Guardianship and Administration Act 2019 (Vic), which came into force on 1 March 2020, and recommendations for guardianship practice both locally and internationally. Legal capacity should be recognised as inherent in all people, and therefore decision making incapacity should not be assumed based on a person's cognitive and/or communication disability; The supported decision making mechanisms, born from Article 12 of the CRPD, that facilitate acknowledgment, interpretation and acting upon a person's expression of will and preference need to be recognised and promoted within the context of Guardianship proceedings and by health professionals when assessing decision making capacity of people with cognitive disability; Significant knowledge and attitudinal changes are required within the Tribunal and incorporated into the practice of health professionals informing the Tribunal, in order to counter many conceptual underpinnings embedded within current guardianship legislation across the globe; Ascertaining the will and preference of the proposed represented person should be prioritised by Guardianship tribunal members' rather than the management of conflict between interested parties. [ABSTRACT FROM AUTHOR]

Abstract \nPOINTS OF INTEREST The article aims to highlight the gaps in Russia’s policy regarding assistance dogs and subsequently seeks to identify ways to improve this policy. First, a retrospective policy analysis was conducted to outline a regulatory framework on assistance dogs in Russia and to highlight the gaps and contradictions in it. Next, the three key policy areas covered by the assistance dog legislation were compared in Russian, Australian, UK, and US policies to reveal ways to improve the situation in Russia. According to the comparative analysis, issues such as unclear definitions, denial of public access, and the absence of universal certification standards are common in all countries compared. In Russia, active participation in the international community and raising awareness about assistance dog issues are necessary to allow assistance dog owners to fully exercise their rights, as codified in the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Despite the long history of guide dog training, the number of guide dogs in Russia is relatively small. Other assistance dogs are not recognized. The first specific provisions on guide dogs emerged in Russian legislation only after a shift from the medical to the social approach to disability and the adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The legislative framework on assistance dogs in Russia covers three policy areas: legal recognition, certification and training, public access, and transportation. The comparative analysis of assistance dog legislation in Russia, Australia, the USA, and the UK revealed that most of the problems indicated are common for all countries compared. Some issues are specific to Russia, such as the lack of recognition of any assistance dogs other than guide dogs. The assistance dog legislation in Russia does not correspond fully to the CRPD. International cooperation and actions on the national level are necessary for improvement. Despite the long history of guide dog training, the number of guide dogs in Russia is relatively small. Other assistance dogs are not recognized.The first specific provisions on guide dogs emerged in Russian legislation only after a shift from the medical to the social approach to disability and the adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD).The legislative framework on assistance dogs in Russia covers three policy areas: legal recognition, certification and training, public access, and transportation.The comparative analysis of assistance dog legislation in Russia, Australia, the USA, and the UK revealed that most of the problems indicated are common for all countries compared. Some issues are specific to Russia, such as the lack of recognition of any assistance dogs other than guide dogs.The assistance dog legislation in Russia does not correspond fully to the CRPD. International cooperation and actions on the national level are necessary for improvement. [ABSTRACT FROM AUTHOR]

Violence against people with intellectual disability is commonly understood to occur as a result of an individual's heightened 'vulnerability', based on their disability status. Critical disability studies scholars have problematised 'vulnerability', critiquing this term as being socially produced and based in a negative ontology of disability. In this article, we critically reflect on the ways in which people with intellectual disability labels are subjected to structural violence via criminalisation and indefinite detention in prison through the operation of interlocking and multi-layered systems, such as police systems, prison systems, guardianship systems, and the operation of forensic mental health systems. We argue that vulnerability framings used by these systems serve to obscure the structural violence that they ultimately perpetuate. To conduct this analysis, we engage with a testimony: Sue's story. Sue is an intellectually disabled woman, whose entry into the criminal legal system in Victoria begins with police contact and summary offence charges and ends in indefinite detention after an assessment of unfitness is made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (CMIA). Through an examination of Sue's case and treatment under the CMIA, we argue that one of the key limitations of vulnerability theories is that notions of 'vulnerability' imply a need for protection that can both obscure and animate the use of carceral responses which reproduce harm and embed the ongoing debilitation of criminalised disabled people in society. [ABSTRACT FROM AUTHOR]

In an effort to combat the global 'book famine' for individuals with visual impairments, in that over 90% of the printed works of the work were unavailable to them in an accessible format, the international community developed and ratified the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities (Marrakesh VIP Treaty). The Treaty's purpose was to provide new and improved methods of accessibility while not infringing the protections afforded by copyright on the printed works. As digitalisation and improvements to text to speech narration advanced in line with other technologies, arguably, it became easier and more cost-effective to adapt the material for those with visual impairments. However, in doing so, the adaptation ran afoul of copyright protection. The Marrakesh VIP Treaty thus facilitates this adaption while not infringing or preventing future commercial exploration of the work in question. This paper seeks to outline the context for the introduction, negotiation, and ratification of the Marrakesh VIP Treaty within the broader spirit of the CRPRD from the perspective of the European Union (EU). It also analyses the EU's ability to include human rights-related goals as part of its external relations policy and the question of competence to act in this regard in relation to the Marrakesh VIP Treaty. Finally, it examines each trade-based agreement following the ratification of the Marrakesh VIP Treaty by the EU to assess whether they are aligned to the spirit of the Treaty. In doing so, the innovative and protective aspects are contrasted with requirements to protect and promote various human rights, such as the rights of the person with disabilities and where the Marrakesh VIP Treaty shapes the rights to education, knowledge, culture, and the impact such inclusion has in addressing the global 'book famine'. [ABSTRACT FROM AUTHOR]

This article examines the conflicting interpretations of two human rights systems – the UNCRPD and the ECHR – concerning the legal capacity of persons in the exercise of their right to vote, with the aim of finding common ground and promoting equal participation of persons with disabilities in society. [ABSTRACT FROM AUTHOR]

How do we guarantee dignity and quality of life to individuals with Down syndrome? If a family cannot commit to granting a dignified life, or if there are other health concerns at issue, how do we balance the right of the mother, parents, and unborn child? This article offers a comparative perspective of the disability legal framework in the U.S. and Italy, focusing on Down syndrome. In Italy, healthcare is public and universal, while in the United States healthcare is mostly privatized. In this context, in the U.S. people with mental and physical disabilities are particularly vulnerable due to the high costs of healthcare, stigma, and the need for additional advocacy. This work compares the Americans with Disabilities Act (ADA) in the U.S., the Legge 104/1992 in Italy, and the Convention on the Rights of Persons with Disabilities (CRPD) internationally. Numerous policy considerations impact the lives of individuals with Down syndrome, from conception to delivery, and from early childhood throughout development. There is a controversial legal debate concerning abortion if the fetus has an identified genetic abnormality. Additionally, once individuals with Down syndrome are born, how does the legal framework support these children and their families? Law and policy regarding access to care make a big difference in the quality of life of people with Down syndrome. At first glance, the standpoint of protecting and supporting a child with Down syndrome, and that of protecting the parents' right to terminate a pregnancy, might seem antithetical. However, they are, in fact, part of the same (difficult) conversation. By adopting a person-centered approach, paired with a relationship-centered care approach, we can pursue the holistic and humanistic ideals that our society aspires to achieve.

New disability law called “Rights of Persons with Disabilities Act 2016” has been acted in 2016. The United Nations' Convention for Rights of Persons with Disabilities is the sole of this new act. Of the total 21 categories, three new neurological legal disability categories such as chronic neurological conditions, Parkinson disease (PD), and multiple sclerosis have been notified first time in the new act. The new guidelines have been notified in the year 2018 for evaluation and certification of specified disabilities. As a new addition in these guidelines, modified Rankin scale score has been added to measure locomotor disability of stroke. Certainly, newer guidelines have many lacunae also. There are no recommendations of any method of disability measurement associated with movement disorders such as PD, chronic neurological conditions such as migraine, epilepsy, and ataxia. The tables of older guidelines for disability calculation in conditions such as unconsciousness and epileptic fits have been removed in newer guidelines. Professional bodies should come into action immediately and do effort for rectifying these shortcomings and/or fallacies in new guidelines.

No abstract available.

This essay critiques the fiercely utilitarian allocation scheme of Cameron et al. Children have no hope of recovery if their lives are cut short based on administrative protocols that misrepresent the nature of their conditions. Unilateral futility judgements - especially those based on a false predicate - are discriminatory. When considering the best interests of children, we should see possibility in disability and not advance ill-informed utilitarianism. [ABSTRACT FROM AUTHOR]

New disability law called "Rights of Persons with Disabilities Act 2016" has been acted in 2016. The United Nations' Convention for Rights of Persons with Disabilities is the sole of this new act. Of the total 21 categories, three new neurological legal disability categories such as chronic neurological conditions, Parkinson disease (PD), and multiple sclerosis have been notified first time in the new act. The new guidelines have been notified in the year 2018 for evaluation and certification of specified disabilities. As a new addition in these guidelines, modified Rankin scale score has been added to measure locomotor disability of stroke. Certainly, newer guidelines have many lacunae also. There are no recommendations of any method of disability measurement associated with movement disorders such as PD, chronic neurological conditions such as migraine, epilepsy, and ataxia. The tables of older guidelines for disability calculation in conditions such as unconsciousness and epileptic fits have been removed in newer guidelines. Professional bodies should come into action immediately and do effort for rectifying these shortcomings and/or fallacies in new guidelines. [ABSTRACT FROM AUTHOR]

The Council of Europe has long provided protection for the rights of persons with disabilities, primarily by means of the European Convention on Human Rights and the case law of the European Court of Human Rights. However, in the past few years the United Nations Convention on the Rights of Persons with Disabilities has profoundly changed that case law, assuming a prominent role in the Court’s interpretation of disability rights. Against this background, the article examines the influence of the UN Convention on the case law of the European Court of Human Rights, as well as on the new Council of Europe Disability Strategy 2017–2023. [ABSTRACT FROM AUTHOR]