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Outlining the key developments of the Disability Hate Crime policy agenda, Seamus Taylor brings together a unique consideration of the theoretical and practical questions at its heart. This book analyses the contributions of activists, politicians, policy makers and criminal justice system practitioners to policy development, and critiques both the under-recognition of disability prejudice fuelled by ableism and the challenge of vulnerability in addressing disability hostility.
Concluding that a critically reflective approach on the part of policy makers and practitioners can lead to progress, the author gives clear policy recommendations to address current challenges in the Criminal Justice System.
Disabled people report high levels of harassment worldwide, often based on intersectional characteristics such as race, gender and age. However, while #MeToo and #BlackLivesMatter have highlighted ongoing experiences of sexual and racial harassment, disability harassment has received little attention.
This book focuses on legal measures to combat disability harassment at work. It sets disability harassment in its international context, including its human rights framework, and confronts the lack of empirical information by evaluating the Irish legal framework in practice.
It explores the capacity of the law to address intersectional harassment, particularly that faced by disabled women, and outlines the barriers to effective legal solutions.
4.1 Introduction This chapter outlines the social and legal context for disability harassment in Ireland. Ireland is a member of the EU; as such, it is bound by EU law, including the FED, making it a suitable comparator for other EU member states or for states with an EU legal legacy, such as the UK. It has also ratified the CRPD, making its experience relevant to the many jurisdictions that have ratified that convention. Ireland’s legislative provisions on disability harassment are comprehensive and, in most respects, exemplify compliance with both the
Key points This chapter traces the journey from hate crime to Disability Hate Crime through an analysis of the relevant literature including policy related documents that construct and reference Disability Hate Crime. It considers the origins and evolving conceptions of both hate crime and Disability Hate Crime, the construction of disability in public policy and the construction of disability within hate crime policy. It is only recently that disability hostility has begun to be recognized as Disability Hate Crime, and it is a contested, contentious and
Key points This chapter sets out and analyses a range of Disability Hate Crime cases. It makes the phenomenon real through an analysis of the empirical data in actual cases. This chapter interrogates how the recognition of Disability Hate Crime and application of penalty uplift affects the outcomes of criminal justice proceedings. Fifteen cases of Disability Hate Crime are reviewed to interrogate the impact of the Disability Hate Crime framework, the recognition (or non-recognition) of disability hostility and the way in which this affected case outcomes
People with disabilities are not a homogenous group and impairments will affect individuals differently. As well, disability can be diversely defined, depending on jurisdiction. The United Nations Convention on the Rights of Persons with a Disability defines disability as ongoing impairments that are physical, mental, intellectual or sensory (see United Nations, 2016 ). Such impairments interact with a range of barriers that hinder one’s capacity to participate fully, effectively and equally in society . This definition, whilst not inclusive of all
Key points This chapter assesses the context of disabled people’s experience of disadvantage and discrimination, and the persistence of prejudice against this population today in a wide range of social and institutional contexts. The dual problematization of welfare versus rights by state institutions gives a framing to Disability Hate Crime, which sets a high standard for considering ableist crime. This chapter explores the extent to which this prejudice is reflective of the ableism impacting the Disability Hate Crime agenda itself. It is argued that in
The French version of this book was the winner of the 2022 Grand Prix de la Protection Sociale.
Over the years, many disability-related rights have been legally recognized, but how has this changed the everyday lives of people with disabilities?
Drawing on biographical interviews collected from individuals with either mobility or visual impairments in France, this book analyzes the reception of disability policies in the fields of education, employment, social rights and accessibility. It examines to what extent these policies contribute to the realization of the associated rights among disabled people. The book demonstrates that the rights associated with disability suffer from major implementation flaws, while shedding light on the very active role of disabled citizens in the realization of their rights.
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During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’.
Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.
Key messages This article provides analysis of disabled women’s experiences of political recruitment processes. Disabled women experience barriers because of the intersection between gender and disability. Disabled women are viewed as being not up to the job, are othered and are rendered hyper-visible. These perceptions are reported by disabled women from all parties. Introduction Gender and politics scholars have highlighted cultural, institutional and attitudinal obstacles that shape whether, how, where and in what ways women serve as
