Federalism And The Rights Of Persons With Disabilities
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Federalism and the Rights of Persons with Disabilities by Delia Ferri,Francesco Palermo,Giuseppe Martinico Pdf
This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in Germany, Canada, Brazil, India, the UK and Italy. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.
Alan H. Puttee,Queen's University (Kingston, Ont.). Institute of Intergovernmental Relations
Author : Alan H. Puttee,Queen's University (Kingston, Ont.). Institute of Intergovernmental Relations Publisher : IIGR, Queen's University Page : 179 pages File Size : 51,7 Mb Release : 2002 Category : Medical policy ISBN : 9780889118553
Federalism, Democracy and Disability Policy in Canada by Alan H. Puttee,Queen's University (Kingston, Ont.). Institute of Intergovernmental Relations Pdf
The 1999 signing of the Social Union Framework Agreement, the elimination of government deficits, and an apparent trend to decentralisation have increased the focus on Canada's social policy and the manner of its formulation. While disability policy, a key element of social policy that is seldom high on the country's policy agenda, is sharing in the renewed interest, no significant disability policy changes have yet emerged.The Social Union and Disability Policy examines the development of Canadian disability policy and the current political landscape that will influence new policy. It offers an agenda for reform of the disability insurance system and for the provision of supports and services for people with disabilities. The focus is on the impact of governance structures, those now in place and those that might be expected to yield improved policy outcomes while promoting the principles of federalism and democratic oversight.Contributors to the volume are academics Michael Prince (University of Victoria), Roy Hanes (Carleton University) and Allan Moscovitch (Carleton University), NGO representative Michael Bach (Roeher Institute) and social policy analysts Marcia Rioux (York University) and Alan Puttee.
Disability, Rights Monitoring, and Social Change by Marcia H. Rioux,Paula C. Pinto,Gillian Parekh Pdf
The 2006 United Nations Convention on the Rights of Persons with Disabilities has provided a significant catalyst and a legal mandate for disability rights monitoring, and discussions on disability rights are breaking new ground across disciplines. Disability, Rights Monitoring, and Social Change is an important and timely collection that explores and challenges the ways in which disability rights are monitored. The contributors to this edited volume range from grassroots activists to international scholars and United Nations advisors. The chapters address the current theoretical, methodological, and practical issues surrounding disability rights monitoring and offer a detailed look at law and policy reforms, best practices, and holistic methods. This unique compilation crosses the divide between the global South and North and explores the complex issues of intersectionality that arise for women with disabilities, Indigenous peoples with disabilities, and people with diverse disabilities. Its participatory methodology-calling for the inclusion of people with disabilities in processes that involve them-and its local and international perspective make this book a critical contribution to the fields of rights monitoring and disability studies. Appropriate for courses on disability, human rights, social justice, policy, and advocacy, this volume serves as a guide and learning tool for anyone interested in disability rights monitoring and, more generally, the effective practice of monitoring human rights.
The balance between state and federal health care financing for low-income people has been a matter of considerable debate for the last 40 years. Some argue for a greater federal role, others for more devolution of responsibility to the states. Medicaid, the backbone of the system, has been plagued by an array of problems that have made it unpopular and difficult to use to extend health care coverage. In recent years, waivers have given the states the flexibility to change many features of their Medicaid programs; moreover, the states have considerable flexibility to in establishing State Children's Health Insurance Programs. This book examines the record on the changing health safety net. How well have states done in providing acute and long-term care services to low-income populations? How have they responded to financial incentives and federal regulatory requirements? How innovative have they been? Contributing authors include Donald J. Boyd, Randall R. Bovbjerg, Teresa A. Coughlin, Ian Hill, Michael Housman, Robert E. Hurley, Marilyn Moon, Mary Beth Pohl, Jane Tilly, and Stephen Zuckerman.
The United Nations Convention on the Rights of Persons with Disabilities by Valentina Della Fina,Rachele Cera,Giuseppe Palmisano Pdf
This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.
American Government 3e by Glen Krutz,Sylvie Waskiewicz Pdf
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
The first major behind-the-scenes account of the history, passage, and impact of the Americans with Disabilities Act (ADA)—the landmark moment for disability rights The Americans with Disabilities Act (ADA) is the widest-ranging and most comprehensive piece of civil rights legislation ever passed in the United States, and it has become the model for disability-based laws around the world. Yet the surprising story behind how the bill came to be is little known. In this riveting account, acclaimed disability scholar Lennard J. Davis delivers the first on-the-ground narrative of how a band of leftist Berkeley hippies managed to make an alliance with upper-crust, conservative Republicans to bring about a truly bipartisan bill. Based on extensive interviews with all the major players involved including legislators and activists, Davis recreates the dramatic tension of a story that is anything but a dry account of bills and speeches. Rather, it’s filled with one indefatigable character after another, culminating in explosive moments when the hidden army of the disability community stages scenes like the iconic “Capitol Crawl” or an event when students stormed Gallaudet University demanding a “Deaf President Now!” From inside the offices of newly formed disability groups to secret breakfast meetings surreptitiously held outside the White House grounds, here we meet countless unsung characters, including political heavyweights and disability advocates on the front lines. “You want to fight?” an angered Ted Kennedy would shout in an upstairs room at the Capitol while negotiating the final details of the ADA. Congressman Tony Coelho, whose parents once thought him to be possessed by the devil because of his epilepsy, later became the bill’s primary sponsor. There’s Justin Dart, adorned in disability power buttons and his signature cowboy hat, who took to the road canvassing 50 states, and people like Patrisha Wright, also known as “The General,” Arlene Myerson or “the brains,” “architect” Bob Funk, and visionary Mary Lou Breslin, who left the hippie highlands of the West to pursue equal rights in the marble halls of DC.
The Judicial Power of the United States by John V. Orth Pdf
Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history.
United States. Congress. Senate. Committee on Foreign Relations
Author : United States. Congress. Senate. Committee on Foreign Relations Publisher : Unknown Page : 428 pages File Size : 54,7 Mb Release : 2014 Category : Convention on the Rights of Persons with Disabilities and Optional Protocol ISBN : MINN:31951D037801676
2010 ADA Standards for Accessible Design by Department Justice Pdf
(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
The Oxford Handbook of the Canadian Constitution by Peter Oliver,Patrick Macklem,Nathalie Des Rosiers Pdf
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.