Within the past decade alone, approximately 40 countries have enacted domestic disability discrimination laws, some of which adopt a human rights model of disability. ... " At no time in history has the confluence of domestic and... more
Within the past decade alone, approximately 40 countries have enacted domestic disability discrimination laws, some of which adopt a human rights model of disability. ... " At no time in history has the confluence of domestic and international efforts challenged lawmakers, scholars, and activists to work together for the creation of binding international, regional, and domestic laws to protect the basic human right of people with disabilities to dignity and equality. ... In 1999, the OAS adopted the first the Inter-American Convention on the Elimination of All Forms of Discrimination and the first binding human rights treaty on disability. ... It also designates an Ad Hoc Committee to draft a disability-specific convention including a strong statement on discrimination. The goal of the proposed specialized convention on the rights of people with disabilities is to provide guidance to governments and international agencies to ensure inclusion of people with disabilities in international affairs and to promote collaboration between disability rights leaders in the US and abroad. ... First, a convention on the rights of people with disabilities will establish disability rights as a human rights issue within the international human rights arena. ... Regionally, the Inter-American and European legal systems also have begun to address disability rights in binding documents and to provide redress for violations of the rights of people with disabilities within their respective court systems. ...
Research Interests:
In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities [CRPD], the first international treaty addressing specifically the rights of people with disabilities, including in the workplace. The purpose... more
In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities [CRPD], the first international treaty addressing specifically the rights of people with disabilities, including in the workplace. The purpose of the CRPD is "to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity...." The CRPD has been ratified by 160 countries, including Canada, but not yet by the United States. Article 27 of the CRPD, entitled Work and Employment, prohibits not only discrimination against people with disabilities in employment, but also the right of people with disabilities to reasonable accommodations, equal remuneration for work of equal value, safe and healthy working conditions, assistance in finding, obtaining, maintaining and returning to employment, rehabilitation, job retention and return-to-work programmes, as well as affirmative action programmes, incentives and other measures to promote equal employment opportunities. As compared to the Americans with Disabilities Act and the Canadian Charter, the CRPD, therefore, goes beyond prohibiting discrimination and instead seeks to ensure greater substantive equality for people with disabilities in the workplace. As such, the author proposes that both US and Canadian legislatures and courts should look to the CRPD to help their respective countries move beyond traditional notions of formal equality towards a new right to substantive equality in the workplace for people with disabilities.
Research Interests:
As the U.S. Supreme Court has written, “No right is more precious in a free country than that of having a voice in the election of those who make laws under which, as good citizens, we must live. Other rights, even the most basic, are... more
As the U.S. Supreme Court has written, “No right is more precious in a free country than that of having a voice in the election of those who make laws under which, as good citizens, we must live. Other rights, even the
most basic, are illusory if the right to vote is undermined.” However, for many people with disabilities, this right to vote has remained illusory. People with mobility impairments have been prevented from gaining access to polling places, people who are blind have been unable to complete most types of ballots (if they were able to register in the first place), and for people who remain in nursing homes, institutions, or residential facilities, voting at the polls is often impossible. Further, no constitutional principle protects the right of people with disabilities to accessible polling places, or to vote secretly and independently. The 2000 Presidential election, with its close inspection of punch card ballots by Florida Election officials and stories of people turned away from polling places, brought the issue of voting before the public in a way that had never happened before. In response, Congress passed, and President Bush signed, the Help America Vote Act of 2002 (HAVA). This law provides federal funding to states and local governments to ensure fairness and accuracy of federal elections. [FN4] It also addresses the right of people with disabilities to vote by providing federal funds to make polling places and voting machines accessible and to educate election officials, poll workers, and volunteers who work at the polls regarding the access needs and voting rights of people with disabilities. HAVA also promises 3.9 billion federal dollars, overall, to the states.
most basic, are illusory if the right to vote is undermined.” However, for many people with disabilities, this right to vote has remained illusory. People with mobility impairments have been prevented from gaining access to polling places, people who are blind have been unable to complete most types of ballots (if they were able to register in the first place), and for people who remain in nursing homes, institutions, or residential facilities, voting at the polls is often impossible. Further, no constitutional principle protects the right of people with disabilities to accessible polling places, or to vote secretly and independently. The 2000 Presidential election, with its close inspection of punch card ballots by Florida Election officials and stories of people turned away from polling places, brought the issue of voting before the public in a way that had never happened before. In response, Congress passed, and President Bush signed, the Help America Vote Act of 2002 (HAVA). This law provides federal funding to states and local governments to ensure fairness and accuracy of federal elections. [FN4] It also addresses the right of people with disabilities to vote by providing federal funds to make polling places and voting machines accessible and to educate election officials, poll workers, and volunteers who work at the polls regarding the access needs and voting rights of people with disabilities. HAVA also promises 3.9 billion federal dollars, overall, to the states.
Research Interests:
The United Nations adopted the Convention on the Rights of People with Disabilities (CRPD) in 2006 to encourage the development of international and domestic legal protections for people with disabilities. Over the past sixteen years, 184... more
The United Nations adopted the Convention on the Rights of People with Disabilities (CRPD) in 2006 to encourage the development of international and domestic legal protections for people with disabilities. Over the past sixteen years, 184 countries have ratified the CRPD, and more than one hundred countries have submitted their country reports to the CRPD Committee for review. The Office of the High Commissioner for Human Rights (OHCHR) recently released a set of human rights indicators to measure states parties' progress toward compliance with the CRPD. This essay discusses the potential benefits and limitations of the new CRPD Indicators. Despite their limitations, the CRPD Indicators may become an important catalyst for states parties' compliance with the CRPD as well as a way to substantiate claims of violations of international, regional, and domestic law and crimes against humanity, such as those discussed in the lead article, Disability, Human Rights Violations, and Crimes Against Humanity.
Research Interests:
This article explores the developing ‘right to live in the community’ for people with disabilities under international law and the domestic laws of two countries: the United States and Israel. In 2006, the United Nations adopted the... more
This article explores the developing ‘right to live in the community’ for people with disabilities under international law and the domestic laws of two countries: the United States and Israel. In 2006, the United Nations adopted the Convention on the Rights of People with Disabilities (CRPD). This Convention embraces a human rights approach to disability, based on the principles of equality, dignity, freedom and inclusion. Based on these principles, Article 19 of the CRPD includes a specific right of all people with disabilities ‘to live in the community, with choices equal to others’. The author argues that the mandate of community living in Article 19 supports an explicit legal right of all people with disabilities not only to live in the community, but to choose where to live and with whom, and with supports, as needed. This new international legal right to live in one’s home in the community also advances the goals and principles of the domestic laws of the US and Israel. In the US, the Americans with Disabilities Act (ADA) protects the right of people with disabilities to receive services in ‘the most integrated’ setting. Relying on this ‘integration mandate’, the US Supreme Court, in 1999, upheld a limited right of people with disabilities to live in the community in Olmstead v LC and EW. In Israel, the Parliament (Knesset) enacted a law similar to the ADA in 1998. This law, the Equal Rights of Persons with Disabilities Law (‘Equal Rights Law’) includes a general right of people with disabilities to equality and non-discrimination. Although the current version of the Equal Rights Law does not include a specific article on the right to live in the community, the basis for such a right may be found in other articles of the law as well as other Israeli laws. In addition, in the recent case of Lior Levy et al., the Israeli High Court of Justice was asked to consider the right to live in the community under Israeli law. While the Court in this case recognised a limited right to live in the community, it failed to invalidate as discriminatory the Israeli government's policy of placing people with disabilities in large institution-like hostels rather than in homes in the community. The author concludes the article with a discussion of the scope and meaning of community living and the extent to which institutions, as well as community housing that functions just like institutions, should be prohibited under the CRPD as well as under US and Israeli law.
Research Interests:
In this Article, the Author argues that the Americans with Disabilities Act (ADA) and the subsequent ADA Amendments Act (ADAAA), have not realized the goal of ensuring equality for people with disabilities. The Author suggests that the... more
In this Article, the Author argues that the Americans with Disabilities Act (ADA) and the subsequent ADA Amendments Act (ADAAA), have not realized the goal of ensuring equality for people with disabilities. The Author suggests that the Convention on the Rights of People with Disabilities (CRPD), adopted in 2006 by the United Nations, offers a new approach to realizing the right to equality for people with disabilities. The Author begins the Article with an analysis of the shortcomings of the ADA, including its medical approach to the definition of disability, its narrow application of the requirement of reasonable accommodation, as well as the broad defenses and the limited damages it offers to claimants, even after the 2008 ADAAA. The Author argues further that the ADA's limited success in achieving equality for people with disabilities is likely due to the fact that it was never intended to achieve equality; rather, it sought to move people from reliance on government benefits to employment by prohibiting discrimination. In contrast to the ADA's limited anti-discrimination approach to disability rights, the Author presents the advantages of the human rights approach of the CRPD, including its broad definition of equality, its use of the social model of disability, its recognition of the right to reasonable accommodation as a free standing human right, and its adherence to the interdependence of civil, political, economic, social, and cultural rights as well as negative and positive rights. The CRPD also differs from the ADA by valuing independence alongside the need for support by some people with disabilities. It is this "right to support," the Author argues, that offers an opportunity to ensure greater equality and participation in society for people with disabilities but which also poses a challenge to such American values as independence and self-reliance. Based on the limitations of the ADAAA and the advantages of the CRPD, the Author concludes that the CRPD should play an important role in the implementation of the ADAAA as well as in the development of new laws and policies to advance the rights of people with disabilities in the U.S., even in the absence of Senate ratification of the CRPD.
Research Interests:
This Article reports on the first comprehensive mixed method study of an LL.M. program at a U.S. law school. Conducted in collaboration between the Syracuse University Law School’s Office of International Programs and a team of experts in... more
This Article reports on the first comprehensive mixed method study of an LL.M. program at a U.S. law school. Conducted in collaboration between the Syracuse University Law School’s Office of International Programs and a team of experts in Program Evaluation at the Syracuse University School of Education, this research sought to assess the efficacy and outcome of the Syracuse LL.M. Program. Through surveys and interviews of LL.M. students and alumni, their J.D. student mentors, and faculty, from 2019-21, this research found overwhelmingly positive outcomes. The Article begins in Part I with a brief discussion of the history and background of LL.M. programs in the United States, followed in Part II by a discussion of the benefits of international legal education, generally, based on the limited research that exists. Part III of the Article discusses the findings of this first of its kind study of the Syracuse Law LL.M. Program, which was developed in 2012 in response to a growing demand for advanced degrees among international lawyers. Given the overwhelmingly positive impact of the LL.M. Program at Syracuse Law, it is hoped that this Article will spur the development of future LL.M. programs and international educational initiatives as well as provide a model for the evaluation of LL.M. programs at other law schools.
Research Interests:
In the United States, and throughout many other parts of the world, we are witnessing attacks on basic human rights. As poverty, inequality, and suffering are evident in so many parts of the world today, there are those who say that the... more
In the United States, and throughout many other parts of the
world, we are witnessing attacks on basic human rights. As poverty,
inequality, and suffering are evident in so many parts of the world
today, there are those who say that the entire human rights regime has
failed. This author does not agree. While it is true that human rights
treaties have not realized their full potential in every country that has
ratified them, human rights treaties do "matter." This Article makes the
case for human rights treaties by referring to the success of the
Convention on the Rights of People with Disabilities (CRPD), which was
adopted by the UN in 2006 and has been ratified by 177 countries. The
CRPD has spurred the development of new laws, policies, and practices
that are transforming societies and offering new protections and
opportunities for people with and without disabilities. The CRPD is also
creating new norms within the international human rights system
itself. Based on the impact of the CRPD to date, the human rights treaty
regime has not only not failed but is, in fact, thriving.
world, we are witnessing attacks on basic human rights. As poverty,
inequality, and suffering are evident in so many parts of the world
today, there are those who say that the entire human rights regime has
failed. This author does not agree. While it is true that human rights
treaties have not realized their full potential in every country that has
ratified them, human rights treaties do "matter." This Article makes the
case for human rights treaties by referring to the success of the
Convention on the Rights of People with Disabilities (CRPD), which was
adopted by the UN in 2006 and has been ratified by 177 countries. The
CRPD has spurred the development of new laws, policies, and practices
that are transforming societies and offering new protections and
opportunities for people with and without disabilities. The CRPD is also
creating new norms within the international human rights system
itself. Based on the impact of the CRPD to date, the human rights treaty
regime has not only not failed but is, in fact, thriving.
Research Interests:
When the Americans with Disabilities Act was originally enacted in 1990, and later amended in 2008, technology had not yet advanced to where it is today. In the past decade, sophisticated computer applications and programs have become... more
When the Americans with Disabilities Act was originally enacted in 1990, and later amended in 2008, technology had not yet advanced to where it is today. In the past decade, sophisticated computer applications and programs have become commonplace. These advances in technology, have enabled millions of employees to work from home since the onset of the Covid-19 pandemic in March 2020. During the pandemic, more than half of the national labor force worked remotely. By most estimates, a significant percentage of the workforce will continue to work remotely, at least part time, even after the pandemic ends. This Article argues that people with disabilities, like their nondisabled colleagues, should enjoy the benefits of our new remote workplace culture. For employees with disabilities, Title I of the Americans with Disabilities (ADA) protects their right to accommodations in the workplace. Over the years, courts have been called upon to resolve disputes between disabled employees and their employers regarding whether or not an employee's request to work remotely is a "reasonable accommodation" under Title I. An examination of the cases from every federal circuit court of appeals over the last decade reveals that most courts rule in favor of employers. However, due to recent changes in the workplace as a result of the Covid-19 pandemic, including greater reliance on communication technologies, the author argues that more courts should recognize remote work as a reasonable workplace accommodation for qualified employees. While it is true that not all employees—with or without disabilities—want to work from home, and not all jobs can be done remotely, increasing opportunities for remote work as a reasonable accommodation furthers the goal of the ADA to promote employment and economic self-sufficiency of disabled people. Remote work opportunities also may challenge the ongoing and systemic ableism that exists within many workplaces today. Further, while discussions of the future of remote work have been a “hot topic” during the pandemic, this Article is the first to systemically review and analyze the state of remote work as a disability accommodation under the ADA. This Article incorporates legal analysis and social science evidence in support of its argument for remote work as a reasonable accommodation. This Article concludes with recommendations for changes to the applicable EEOC regulations which would clarify that remote work or “telework,” the term used in the current regulations, is a reasonable accommodation for qualified employees under Title I of the ADA. Such changes are necessary to re envision remote work as the future of disability accommodations under the ADA.
Research Interests:
In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little... more
In recent years, international human rights treaties have
come under attack for failing to fulfill their promise. While it
may be true that human rights treaties have not realized their
full potential in every case, there is little discussion about how
to measure the impact of treaties. This Article explores the ways
in which we measure compliance with human rights treaties,
focusing on the Convention on the Rights of People with
Disabilities (CRPD). The CRPD entered into force in 2008.
Since then, 188 States Parties have ratified it. In addition, the
Office of the High Commissioner for Human Rights recently
released a set of indicators designed to measure States Parties’
progress towards implementation of the CRPD. These new
“CRPD Indicators” are designed to assist States Parties as well
as the CRPD Committee and other UN bodies in assessing
compliance with the CRPD. This Article is the first to analyze
the benefits as well as the limitations of the new CRPD
Indicators.
This Article begins with an analysis of the CRPD, followed
by an analysis of the ways in which the CRPD differs from other
human rights treaties, including its reporting and monitoring
requirements. The Article then discusses recent research on the
role of human rights indicators as a tool to measure treaty
compliance, followed by a discussion of the benefits and
limitations of the new CRPD Indicators, as examined from a
Disability Studies perspective. Assessing the role of the CRPD Indicators from a Disability Studies perspective requires a
reframing of the essential role of people with disabilities and
their organizations in working towards compliance and
implementation of the CRPD. The Article concludes with a
cautionary note regarding reliance on the CRPD Indicators as
the primary tool to assess compliance with the CRPD. Although
the CRPD Indicators are a helpful tool in measuring States’
progress towards compliance, they cannot replace ongoing
efforts to mobilize and support disabled people in their fight for
full implementation of the CRPD.
come under attack for failing to fulfill their promise. While it
may be true that human rights treaties have not realized their
full potential in every case, there is little discussion about how
to measure the impact of treaties. This Article explores the ways
in which we measure compliance with human rights treaties,
focusing on the Convention on the Rights of People with
Disabilities (CRPD). The CRPD entered into force in 2008.
Since then, 188 States Parties have ratified it. In addition, the
Office of the High Commissioner for Human Rights recently
released a set of indicators designed to measure States Parties’
progress towards implementation of the CRPD. These new
“CRPD Indicators” are designed to assist States Parties as well
as the CRPD Committee and other UN bodies in assessing
compliance with the CRPD. This Article is the first to analyze
the benefits as well as the limitations of the new CRPD
Indicators.
This Article begins with an analysis of the CRPD, followed
by an analysis of the ways in which the CRPD differs from other
human rights treaties, including its reporting and monitoring
requirements. The Article then discusses recent research on the
role of human rights indicators as a tool to measure treaty
compliance, followed by a discussion of the benefits and
limitations of the new CRPD Indicators, as examined from a
Disability Studies perspective. Assessing the role of the CRPD Indicators from a Disability Studies perspective requires a
reframing of the essential role of people with disabilities and
their organizations in working towards compliance and
implementation of the CRPD. The Article concludes with a
cautionary note regarding reliance on the CRPD Indicators as
the primary tool to assess compliance with the CRPD. Although
the CRPD Indicators are a helpful tool in measuring States’
progress towards compliance, they cannot replace ongoing
efforts to mobilize and support disabled people in their fight for
full implementation of the CRPD.
Research Interests:
Research Interests:
Research Interests:
Research Interests:
This essay discusses the right of faculty to work from home during this COVID-19 pandemic. Various laws, including the Americans with Disabilities Act, provide protections for faculty who do not feel safe returning to campus.
Research Interests:
Research Interests:
Research Interests:
In 1990 the Americans with Disabilities Act (ADA) was enacted to ensure equal opportunities to people with disabilities in such areas as employment, education, health care, public services, and transportation. The ADA extends the... more
In 1990 the Americans with Disabilities Act (ADA) was enacted to ensure equal opportunities to people with disabilities in such areas as employment, education, health care, public services, and transportation. The ADA extends the prohibition on discrimination against people with disabilities to private and public entities, specifically those that had not been covered by the Rehabilitation Act of 1973. But the extent to which the ADA, or its predecessor statute, the Rehabilitation Act, applies extraterritorially to conduct and Americans overseas remains unresolved. This Article presents an argument in favor of the extraterritorial application of the ADA as well as section 504 of the Rehabilitation Act. In order to illustrate the consequences of not applying these laws to conduct that occurs overseas, this Article reviews recent decisions involving requests for accommodations by students with disabilities participating in study abroad programs.
Research Interests:
The United Nations adopted the Convention on the Rights of People with Disabilities (CRPD) in 2006 to encourage the development of international and domestic legal protections for people with disabilities. Over the past sixteen years, 184... more
The United Nations adopted the Convention on the Rights of People with Disabilities (CRPD) in 2006 to encourage the development of international and domestic legal protections for people with disabilities. Over the past sixteen years, 184 countries have ratified the CRPD, and more than one hundred countries have submitted their country reports to the CRPD Committee for review. The Office of the High Commissioner for Human Rights (OHCHR) recently released a set of human rights indicators to measure states parties’ progress toward compliance with the CRPD. This essay discusses the potential benefits and limitations of the new CRPD Indicators. Despite their limitations, the CRPD Indicators may become an important catalyst for states parties’ compliance with the CRPD as well as a way to substantiate claims of violations of international, regional, and domestic law and crimes against humanity, such as those discussed in the lead article, Disability, Human Rights Violations, and Crimes Ag...
Research Interests:
In 2016, Israel became one of the first countries in the world to introduce supported decision-making as an alternative to guardianship in a nationwide law. The Israeli law was enacted as an amendment to Israel’s Guardianship and Legal... more
In 2016, Israel became one of the first countries in the world to introduce supported decision-making as an alternative to guardianship in a nationwide law. The Israeli law was enacted as an amendment to Israel’s Guardianship and Legal Capacity Law. This law provides a model to other countries that are considering abolishing or revising their guardianship laws in light of the Convention on the Rights of People with Disabilities (CRPD). The United Nations adopted the CRPD in 2006. Since then, 175 countries have ratified it, including Israel, but not the United States. Article 12 of the CRPD specifically recognizes the right to legal capacity for all people with disabilities, as well as the right to support that some people with disabilities may need in order to exercise their right to legal capacity and equal recognition under law. The purpose of this Article is to examine the extent to which guardianship is compatible with the fundamental values of international human rights law, especially the CRPD; and if not, to consider alternatives to guardianship that comply with human rights law. Part I of this Article reviews the historical and legal background of the development of guardianship laws, including arguments against guardianship from different points of view. Part II of the Article discusses the right to equal recognition under law prior to the CRPD, followed by Part III of the Article, which discusses the background and language of Article 12 of the CRPD. Part IV of this Article discusses the Israeli Legal Capacity and Guardianship Law of 1962 and its recent amendment, which reflects the movement in Israel to include supported decision-making as an alternative to the substituted decision-making regime included in Israel’s prior guardianship law. This Part also discusses recent Israeli Supreme Court decisions, which perpetuate the unwarranted denial of legal capacity for people with disabilities despite the Court’s human rights rhetoric. Part V of the Article discusses the background, language, and purpose of Israel’s new amendment to its Legal Capacity and Guardianship Law. Although Israel is not the first country to authorize supported decision-making as a matter of law, it is one of the first countries to adopt a nationwide law that specifically includes supported decision-making as a legal alternative to guardianship. Part VI of the Article discusses developments in other countries around the world as they strive to conform their domestic guardianship laws to the CRPD. This Article concludes with recommendations for other countries that are considering enacting domestic laws that protect the right to legal personhood and legal capacity of all people with disabilities in full compliance with Article 12 of the CRPD.
Research Interests:
The Individuals with Disabilities Education Improvement Act (IDEIA) was originally enacted in 1975 as the Education for All Handicapped Children’s Act. The purpose of the IDEIA is to “provide a free appropriate public education” to... more
The Individuals with Disabilities Education Improvement Act (IDEIA) was originally enacted in 1975 as the Education for All Handicapped Children’s Act. The purpose of the IDEIA is to “provide a free appropriate public education” to children with disabilities and to prepare them for further education, employment, and full participation in society. Under the IDEIA, all students are required to have a transition plan to facilitate their movement from high school to life after school. Although the transition planning process does not require parents to become guardians for their children with disabilities, many parents throughout the United States believe that becoming their adult child’s guardian is the next step in the transition process as their child reaches the age of majority. As a legal procedure, guardianship cedes decision-making authority from the young adult child to the parent just at the time in the young person’s life when he or she should be supported to exercise decision-making authority so as to live the most independent life possible. Further, schools, parents, and courts often fail to consider less restrictive alternatives to guardianship, such as supported decision-making, for those young adults who may need help in decision-making. Supported decision making has gained international attention recently due to the adoption of the UN Convention on the Rights of People with Disabilities, which calls for support for people with disabilities rather than substituted decision-making, which is included in most guardianship laws. This article presents the view that guardianship as part of the transition planning process for young adults with intellectual and developmental disabilities undermines the language and purpose of the IDEIA.
Research Interests:
Under federal law, the state must develop "permanency plans" for all children who are removed from their homes due to neglect or abuse. Central to permanency planning is the belief that all children belong with families... more
Under federal law, the state must develop "permanency plans" for all children who are removed from their homes due to neglect or abuse. Central to permanency planning is the belief that all children belong with families Permanency planning secures for children permanent family placements as opposed to temporary foster care or institutional placements. For children with disabilities who are voluntarily placed in institutions by their parents because their parents can no longer take care of them at home, no such permanency planning is generally required. In this Article, the author argues that two recent policy developments that serve to protect the best interests of children generally should be expanded to address the needs of families who require support to keep their children with disabilities at home rather than placing them in institutions. These two recent policy developments are permanency planning for children who have been neglected and abused and the expansion of the definition of legal parenthood, in the context of surrogacy, same sex families, step-families, and children born to unmarried adults.
Research Interests:
Research Interests:
Millions of children with disabilities throughout the world today are denied their basic right to education. Some students are denied access to education due to explicit laws and policies of exclusion or segregation. Others are denied... more
Millions of children with disabilities throughout the world today are denied their basic right to education. Some students are denied access to education due to explicit laws and policies of exclusion or segregation. Others are denied access to quality education due to the lack of accessible transportation or accessible school buildings, classrooms or learning materials. In addition, of those students with disabilities who do attend school, many are subjected to inferior education, often without accommodations and supports, and taught by teachers who are either untrained or unwilling to include students with disabilities in their classrooms. Yet without access to quality education, children and adults with disabilities will remain on the margins of society, unable to fully participate in society. In 2006, the United Nations adopted the Convention on the Rights of People with Disabilities (CRPD). Article 24 of the CRPD recognizes the right of all children and adults with disabilities to education on an equal basis with those students without disabilities. In this chapter, I explore the history of the development of the right to education under international law, beginning with a discussion of the barriers to accessing quality education by students with disabilities, followed by an overview of the development of the right to education, and inclusive education, in particular, both prior to and as a result of Article 24 of the CRPD. This chapter also discusses the drafting process that lead to the final version of Article 24 of the CRPD, based in large part on the author’s own observations of the UN drafting committee’s negotiation process. Following the discussion of the background of the CRPD, the chapter discusses General Comment No 4, adopted by the CRPD Committee in 2016, which provides a comprehensive analysis of Article 24. The chapter concludes with a discussion of the challenges that remain in implementing Article 24’s goal of inclusive education for all children, youth and adults with disabilities throughout the world.
Research Interests:
Research Interests: Sociology, Psychology, Psychiatry, Medicine, Mental Illness, and 3 moreBlame, Social Issues, and Mentally Ill
Research Interests:
This article describes the potential impact that state guardianship laws may have on the transition planning process for students identified with intellectual and developmental disabilities under the Individuals with Disabilities in... more
This article describes the potential impact that state guardianship laws may have on the transition planning process for students identified with intellectual and developmental disabilities under the Individuals with Disabilities in Education Improvement Act. The authors utilize a disability studies framework to describe how the goals of transition planning under the IDEIA –which promote autonomy and independence– appear to be in direct conflict with the goal of guardianship laws –which is to remove from young adults all or some decision making authority over their own lives. The appointment of guardians for students at the age of majority necessarily limits opportunities for students to develop decision making skills, just at the time in their lives when they should be supported by teachers and school staff to become self-determined adults. The presumption of competency as an underlying approach to all students with disabilities is discussed, and which, if used, will assist teachers, family members, and students themselves in better preparing for and successfully meeting the goals of the IDEIA. The authors suggest that parents, families and educational professionals need to be made aware of alternatives to guardianship that position the student at the center of the decision-making process in order to ensure that the goals of the IDEIA are realized for each student.
Research Interests:
Research Interests:
Research Interests:
Research Interests: Law, Human Rights Law, International Law, Human Rights, Surprise, and 15 morePolitical Science, Inclusive Education, Social Science Research Network, Substantive Equality, Disability Law, Convention on the Rights of the Child, Convention on the Rights of Persons with Disabilities, Support, ADA, Social Model, Differences, Convention, CRPD, Ratification, and Reasonable Accommodations
Research Interests:
Research Interests:
Research Interests:
Introduction 1. The Development and Adoption of the United Nations Convention on the Rights of People with Disabilities 2. The Right to Live in the Community For People with Disabilities 3. The Right to Liberty and Security under Article... more
Introduction 1. The Development and Adoption of the United Nations Convention on the Rights of People with Disabilities 2. The Right to Live in the Community For People with Disabilities 3. The Right to Liberty and Security under Article 14 of the CRPD 4. The Right to Be Free From Torture and Cruel, Inhuman or Degrading Treatment and Punishment Under Article 15 of the CRPD 5. Protecting the Physical and Mental Integrity of the Person and the Right to Health 6. Access to Justice For People with Disabilities 7. The Right to Legal Capacity and Supported Decision-Making 8. Moving Beyond the CRPD: Will it Make A Difference
Research Interests:
Research Interests:
Research Interests:
Research Interests: Law and Political Science
Research Interests: Legal Education, Professionalism, Political Science, Public Relations, Professional Ethics, and 14 moreConflict of Interest, Competency, Duty, Conflicts, Social Science Research Network, Field Experiment, Confidentiality, Ethical Issues, Externships, Professional Competence, CLINICAL LAW, Professional Responsibility, Clinics, and External field
Research Interests:
Research Interests:
Research Interests:
Arlene Kanter explores the paradoxical historical position of the United States (US), which has failed to ratify most international human rights treaties while claiming pride as one of the chief architects of the United Nations (UN)... more
Arlene Kanter explores the paradoxical historical position of the United States (US), which has failed to ratify most international human rights treaties while claiming pride as one of the chief architects of the United Nations (UN) system. She explores the contemporary history of the failed attempts in the US to achieve ratification of the most recent human rights treaty, the UN Convention on the Rights of Persons with Disabilities (CRPD 2006). Kanter provides an overview of why States ratify human rights treaties, followed by a short summary of US treaty ratification history. She then describes the failed CRPD ratification process in the US Senate, including an analysis of the arguments that were presented for and against ratification and the reasons for the failure. The chapter concludes with an account of the implications of this failure for persons with disabilities in the US and in relation to the standing of the US in the world.
Millions of children with disabilities throughout the world today are denied their basic right to education. Some students are denied access to education due to explicit laws and policies of exclusion or segregation. Others are denied... more
Millions of children with disabilities throughout the world today are denied their basic right to education. Some students are denied access to education due to explicit laws and policies of exclusion or segregation. Others are denied access to quality education due to the lack of accessible transportation or accessible school buildings, classrooms or learning materials. In addition, of those students with disabilities who do attend school, many are subjected to inferior education, often without accommodations and supports, and taught by teachers who are either untrained or unwilling to include students with disabilities in their classrooms. Yet without access to quality education, children and adults with disabilities will remain on the margins of society, unable to fully participate in society. In 2006, the United Nations adopted the Convention on the Rights of People with Disabilities (CRPD). Article 24 of the CRPD recognizes the right of all children and adults with disabilities...
Research Interests:
Research Interests:
Millions of children with disabilities throughout the world today are denied their basic right to education. Some students are denied access to education due to explicit laws and policies of exclusion or segregation. Others are denied... more
Millions of children with disabilities throughout the world today are denied their basic right to education. Some students are denied access to education due to explicit laws and policies of exclusion or segregation. Others are denied access to quality education due to the lack of accessible transportation or accessible school buildings, classrooms or learning materials. In addition, of those students with disabilities who do attend school, many are subjected to inferior education, often without accommodations and supports, and taught by teachers who are either untrained or unwilling to include students with disabilities in their classrooms. Yet without access to quality education, children and adults with disabilities will remain on the margins of society, unable to fully participate in society. In 2006, the United Nations adopted the Convention on the Rights of People with Disabilities (CRPD). Article 24 of the CRPD recognizes the right of all children and adults with disabilities...