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The Americans with disabilities act at 25 years : lessons to learn from the convention on the rights of people with disabilities

KANTER, Arlene S
2015

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“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”

Drake Law Review, Vol. 63

Guardianship for young adults with disabilities as a violation of the purpose of the individuals with disabilities education improvement act

KANTER, Arlene S
2015

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“The Individuals with Disabilities Education Improvement Act (IDEIA) was originally enacted in 1975 as the Education for All Handicapped Children’s Act.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.”

 

Journal of International Aging Law & Policy, Vol. 8

Disaster resilience and people with functional needs

JAN, Sophia
LURIE, Nicole
December 2012

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This journal article focuses on initiatives to build community resilience particularly in the context of Hurricane Sandy.  The authors propose that the development of strong partnerships between government and non-governmental organisations for planning, response, and recovery is central to safeguarding the needs of people with functional needs in the event of disasters, as are policies that states and the federal government to promote community resilience 

The New England Journal of Medicine, Vol 367, Issue 24

Defining the barriers to political participation for individuals with disabilities

HALL, Thad E
ALVAREZ, R. Michael
May 2012

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This report examines the barriers to political participation that can exist for individuals with disabilities. Such studies can be difficult because there are few studies that examine both disability status and political variables such as party identification and ideology. No studies directly ask about whether a person’s disability status directly interferes with the various aspects of political participation, such as getting news about candidates or navigating the polling place in order to vote. The analyses that follow utilize data from several surveys, including the Current Population Survey, the 2008 Study of the Performance of American Elections, and the 2008 Cooperative Congressional Election Study
Working Paper #001

Bridging aging and developmental disabilities service networks : challenges and best practices

FACTOR, Alan
HELLER, Tamar
JANICKI, Matthew
March 2012

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This reports aims to provide the "best practices guide to encourage the ‘bridging’ of the aging and developmental disabilities service networks that are both in need of including managed long-term, integrated care for people who are dually eligible for Medicaid and Medicare, and rebalancing initiatives that promote community living"

Electoral participation of electors with disabilities : Canadian practices in a comparative context

PRINCE, Michael J
March 2012

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"This report addresses three main research questions: What barriers do people with disabilities, physical and/or mental, face when trying to vote? What reforms have countries and, in the case of Canada, provinces introduced since 2000 to reduce or eliminate barriers to voting for people with disabilities? More specifically, what services, supports and laws or standards have governments introduced to ensure better access to voting by electors with disabilities The specific focus of this report is on the right to vote, rather than on the right to freely associate as an activist or to run as a candidate and to hold elected office. Five national jurisdictions are reviewed in this report, specifically Australia, Canada, the United Kingdom, the United States and New Zealand. On Canada, attention is given to developments and practices at the federal, and provincial and territorial levels of government"

Rocking the cradle : ensuring the rights of parents with disabilities and their children

NATIONAL COUNCIL ON DISABILITY
2012

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"The report analyzes how U.S. disability law and policy apply to parents with disabilities in the child welfare and family law systems, and the disparate treatment of parents with disabilities and their children. Examination of the impediments prospective parents with disabilities encounter when accessing assisted reproductive technologies or adopting provides further examples of the need for comprehensive protection of these rights"

Reproductive health justice for women with disabilities

ALVARES, Lisa
et al
April 2011

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"This paper highlights the added discrimination that women with disabilities often face in the context of their disparate access to health care, especially in the areas of reproductive health services and sexual health education, and offers recommendations for a twenty-first century response to the vast health care gaps that impact this population"
Barbara Faye Waxman Fiduccia Papers on Women and Girls with Disabilities

Collective action and emancipatory aims : applying principles of feminist practice in a shelter for domestic violence survivors with disabilities

ALI, Alisha
MOWRY, Randolph
HO, Kimberly
April 2011

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This paper outlines that there is a need for need for domestic violence shelters that serve women with disabilities and highlights Freedom House, a fully accessible New York City shelter for domestic violence survivors with disabilities and their families. It presents the Freedom House as one approach of a viable feminist and liberatory model of care that is essential to recovery from trauma among domestic violence survivors with disabilities. Using a combined theoretical framework of the psychological theory of empowerment feminist practice and feminist disability theory, the paper concludes that this emergent model provides both a theoretical argument for empowerment and a framework for responsive feminist practice for women with disabilities within a shelter setting

Anthropological perspectives on disasters and disability : an introduction

FJORD, Lakshmi
MANDERSON, Lenore
2009

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Using a disability conceptual framework to anthropologically review disasters, this article emphasises the needs of those with fewest resources and highlights the benefit of the inclusion of disabled people in disaster preparedness, response and recovery plans. This article is useful to people interested in disability and disasters
Human Organization, Vol 68, No 1

Inclusive information and communication technologies for people with disabilities

SIMPSON, Jennifer
2009

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"Information and Communications Technology (ICT) has the potential both to enhance access for people with disabilities and to contribute to creating barriers. What we now call the digital divide actually began long before the introduction of computers - barriers have existed and still exist today with telephones, television, the Internet and other information technology. It is important to remember that people with disabilities have many different accessibility needs and that there are different ways to make technology accessible and that new accessibility needs emerge as technology changes. This paper looks at the state of accessibility policy in the U.S. in several technology infrastructures that may provide some lessons and directions for increasing inclusive information and communication technologies worldwide"
Disability Studies Quarterly, Vol 29, No1

Ensuring the enfranchisement of people with disabilities

WARD, Andrew
BAKER, Paul M A
MOON, Nathan W
October 2008

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"In a representational democracy, the process of selecting people to represent the electorate is critical. To accomplish this goal, it is crucial that elections be fair and accurate reflections of the decisions of the voters. However, a significant and relatively unacknowledged constituency, people with disabilities, faces a variety of barriers to full participation in the U.S. electoral democracy. Recent research has provided evidence that how people with disabilities vote is just as important as the physical barriers they face when casting their votes. This article presents an overview of the literature addressing issues that affect how people with disabilities vote, with an especial focus on the role of election officials as both facilitators and inhibitors of voting by people with disabilities"
Journal of Disability Policy Studies, Vol 20, No 2

Building capacity in six disadvantaged communities vulnerable to natural disasters

BERKE, Philip
et al
September 2008

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This paper aims "to describe and analyze an Emergency Preparedness Demonstration (EPD) project aimed at reducing the risk to life and property in six disadvantaged communities in Delaware, Maryland, North Carolina, Pennsylvania, Virginia, and West Virginia. EPD involves a community-based participatory planning process aimed at building the capacity of disadvantaged communities threatened by disasters. To understand the successes and limitations of the EDP approach we used multiple sources of evidence. Semi-structured interviews were conducted with 30 key informants, field notes were taken during attendance of community planning meetings, and documentary materials prepared by local planning teams (memoranda, vulnerability assessments, household surveys) were content analyzed"

An ADA guide for local governments making community emergency preparedness and response programs accessible to people with disabilities

US DEPARTMENT OF JUSTICE, Civil Rights Division
2008

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This guide provides guidance for how to make local government emergency preparedness and response program accessible for persons with disabilities. It helps to identify needs and evaluate effective, accessible and inclusive emergency management practices. The following issues are explored: planning, notification, evacuation, sheltering, returning home and contracting for emergency services

Listen to our stories : words, pictures, and songs by young people with disabilities

HILLYER, Linda
2008

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Listen to Our Stories highlights poetry, essays, interviews, songs, journal writing, letters, and pictures that tell the personal stories of young people with disabilities. The contributors are young girls and boys aged 5 to 21, from varied backgrounds, different talents and a range of disabilities. This website may be useful to anyone interested in personal life stories and experiences, written or told by children and young adults with disabilities

Disability, gender and intimate partner violence : relationships from the behavioral risk factor surveillance system

SMITH, Diane L
December 2007

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"Research on women with disabilities has found that the most common perpetrators of violence were current or former intimate partners. This article examines intimate partner sexual and physical abuse experienced by women with disabilities compared to women without disabilities and men with and without disabilities through chi square analysis and regression analysis using data from the 2005 Behavioral Risk Factor Surveillance System (BRFSS). Results show that women with disabilities experienced almost twice the rate of all forms of abuse compared to the other populations. Variables increasing the likelihood of abuse include being female, disabled, not employed, uncoupled and younger age. Implications for future research, screening and intervention for rehabilitation professionals are discussed"
Sexuality and Disability, Vol. 26, Issue 1

Disabled people and disaster recovery : a tale of two cities?

PRIESTLEY, Mark
HEMINGWAY, Laura
February 2007

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This paper explores the connection between disability and natural disasters. It also investigates the regional and global response to the Asian tsunami in 2004 and hurricane Katrina, in the USA, in 2005. It would be useful for anyone with an interest in the inclusion of disabled people, and disabled peoples organisations in disaster recovery and preparedness. It is particularly relevant to article eleven of the Convention on the Rights of Persons with Disabilities concerning situations of risk and humanitarian emergencies

Resources on youth reproductive health and HIV/AIDS

Interagency Youth Working Group [IYWG]
2007

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A global resource providing materials designed for working with young people (aged 10 - 24) in developing countries. The website includes; training materials, research tools, guidance on key programme areas and best practice, a database of recent resources and websites for youth. IYWG is a network of 10 NGOs, donors and cooperating agencies. The website is supported by the US Agency for International Development and the content is overseen by Family Health International

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