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
27 TWO Dementia as a disability Introduction In Chapter One, the topic of human rights and dementia was introduced, and it was shown that dementia is a human rights issue since the individual diagnosed can experience injustice, inequality and marginalization. As I argue in later chapters, once diagnosed a person may encounter discrimination, segregation and social exclusion (Cantley and Bowes, 2004), their autonomy can be compromised (Boyle, 2008), and opportunities to exercise choice and control in decisions directly relevant to their lives may be denied
At a time when the collective redress landscape is undergoing a period of transformative change, this important and timely research focuses on class actions in England and Wales.
The author provides an objective analysis of the costs and benefits of these proceedings from an access to justice perspective.
Aiming to promote accessibility, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.
The time has come to further challenge biomedical and clinical thinking about dementia, which has for so long underpinned policy and practice. Framing dementia as a disability, this book takes a rights-based approach to expand the debate.
Applying a social constructionist lens, it builds on earlier critical perspectives by bringing together concepts including disability, social inclusion, personhood, equality, participation, dignity, empowerment, autonomy and solidarity. Launching the debate into new and exciting territory, the book argues that people living with dementia come within the UN Convention on the Rights of Persons with Disabilities and therefore have full entitlement to all the rights the Convention enshrines.
A human rights-based approach has not to date been fully applied to interrogate the lived experience and policy response to dementia. With the fresh analytical tools provided in this book, policy makers and practitioners will will gain new insights into how this broader perspective can be used to further promote the quality of life and quality of care for all those affected by dementia.
As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, been exacerbated by the global health crisis.
This book explores these inequalities, identifying three thematic strands: power and governance, gender, and marginalised communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.
Available Open Access under CC-BY-NC licence. How does Brexit change Northern Ireland’s system of government? Could it unravel crucial parts of Northern Ireland’s peace process? What are the wider implications of the arrangements for the Irish and UK constitutions?
Northern Ireland presents some of the most difficult Brexit dilemmas.
Negotiations between the UK and the EU have set out how issues like citizenship, trade, the border, human rights and constitutional questions may be resolved. But the long-term impact of Brexit isn’t clear.
This thorough analysis draws upon EU, UK, Irish and international law, setting the scene for a post-Brexit Northern Ireland by showing what the future might hold.
Constitutional scholar Elliot Bulmer considers what Britain might learn from Westminster-derived constitutions around the world. Exploring the principles of Westminster Model constitutions and their impact on democracy, human rights and good government, this book builds to a bold re-imagining of the United Kingdom’s future written framework.
ePDF and ePUB available Open Access under CC-BY-NC licence.
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.
47 THREE Setting the context: The UN Convention on the Rights of Persons with Disabilities Too often, those living with disabilities have been seen as objects of embarrassment and at best of condescending pity and charity … on paper they have enjoyed the same rights as others; in real life they have often been relegated to the margins and denied the opportunities that others take for granted. (Kofi Annan, 2006) Introduction In the opening chapters of this book I have argued that dementia is both a human rights issue (Chapter One) and a disability