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“The Individuals with Disabilities Education Improvement Act (IDEIA) was originally enacted in 1975 as the Education for All Handicapped Children’s Act.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

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

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