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Civil War Pensions
- - - -- Volume 52 Fall 2000 Number 1 BEFOREDISABILITY CIVIL RIGHTS: CIVIL WARPENSIONS AND THE POL~TICSOF DISABILITY IN AMERICA Peter avid ~lanck* Michael Millender** The tenth anniversary of the Americans with Disabilities Act ("ADA") has been a bittersweet event for the scholars and activists who have used the occasion to take stock of the statute's impact on the lives of disabled Americans. On the one hand, they have celebrated the fact that the ADA is quietly transforming the nation's built environment and prompting employers to make workplace accommodations that have enabled disabled persons to join, or remain in, the workforce.' On the other hand, they have noted the discouraging judicial reception of the ADA, which has resulted in defendant victories in over ninety percent of . Professor of Law, of Occupational Medicine, and of Psychology at the University of Iowa, and Director of the Law, Health Policy, and Disability Center at the Iowa College of Law; PLD., Psychology, Harvard University; J.D., Stanford Law School. The research on the lives of the Civil War veterans would not have been possible without the generous assistance of Dr. Rob- ert Fogel and his colleagues at the University of Chicago. Michael Stein and Peter Viechnicki provided most helpful comments on earlier versions of this Article. Special thanks to Barbara Broffitt and Michal Schroeder for invaluable research support. The program of research described herein is supported, in part, by grants from The University of Iowa College of Law Foundation; the National Institute on Disability and Rehabilitation Research, U.S. Department of Education; and" The Great Plains Disability and Technical Assistance Center. -
Appendix K: the Disability Support Pension
K The disability support pension Chapter 6 sets out some options for reform of the DSP given the introduction of the NDIS and NIIS. The desirability and form of change needs to take account of: • the trends in the uptake of the DSP, why these have occurred and what they might mean for policy • the current and impending policy environment and their effects. This appendix examines these issues, as background to the more schematic discussion in the main report. K.1 Background to the DSP Many people with a disability receive their principal income from income support payments, mainly the DSP. Around 800 000 Australians received the DSP in June 2010 at a cost to taxpayers of $11.6 billion in 2009-10. The projected cost is nearly $13.3 billion in 2010-11 and $13.9 billion in 2011-12 (box K.1). The DSP represents the largest income support payment aimed at working age people in Australia and has shifted from around one third of such payments to one half in the decade from 2001-02 (figure K.1). People on DSP are highly disengaged from the labour market. While DSP recipients are permitted to work and to retain at least some benefits, around 90 per cent do not get any income from employment. The share searching for a job is even smaller, with 0.8 per cent of the stock of people on the DSP (or around 6600 people) using Job Services Australia in March 2011.1 1 Centrelink and JSA customer populations from the DEEWR website. -
The Americans with Disabilities Act As Welfare Reform
William & Mary Law Review Volume 44 (2002-2003) Issue 3 Disability and Identity Conference Article 3 February 2003 The Americans with Disabilities Act as Welfare Reform Samuel R. Bagenstos Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Disability Law Commons Repository Citation Samuel R. Bagenstos, The Americans with Disabilities Act as Welfare Reform, 44 Wm. & Mary L. Rev. 921 (2003), https://scholarship.law.wm.edu/wmlr/vol44/iss3/3 Copyright c 2003 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr THE AMERICANS WITH DISABILITIES ACT AS WELFARE REFORM SAMUEL R. BAGENSTOS* TABLE OF CONTENTS INTRODUCTION ....................................... 923 I. THE CRITIQUE: BETRAYING THE PROMISES OF THE ADA? ... 930 A. The Definition of "Disability ..................... 930 B. JudicialEstoppel Cases ........................... 936 1. The Basic Problem ............................. 936 2. The Cleveland Decision ......................... 941 3. The Cleveland Aftermath ........................ 943 4. The Critique .................................. 948 C. ReasonableAccommodation Cases .................. 949 II. THE ADA AND THE WELFARE REFORM ARGUMENT ........ 953 A. The Welfare Reform Argument and the ADA .......... 957 1. Early Signs: The Commission on Civil Rights and National Council on the HandicappedReports... 958 2. The Welfare Reform Argument in the Congressional Hearings:Members of Congress Build the Case ...... 960 * Assistant Professor of Law, Harvard Law School. Betsy Bartholet, Matthew Diller, Christine Jolls, Gillian Metzger, Frank Michelman, Martha Minow, Richard Parker, Bill Stuntz, David Westfall, Lucie White, and, as always, Margo Schlanger, offered very helpful comments on earlier drafts of this Article. Thanks to Lizzie Berkowitz, Carrie Griffin, Scott Michelman, Nate Oman, and Lindsay Freeman Wiley for their excellent research assistance. -
Social Protection and Social Security (Including Social Protection Floors)
TRANSLATION---------------------------------------------------------------------------------------------------------- Guiding Questions for Defining the Normative Content of the Issues Examined at the Tenth Working Session of the Open-ended Working Group: Social Protection and Social Security (including social protection floors) Definition 1. What is the definition of the right to social security and social protection (including social protection floors) for older persons in the national legislation in your country? Or how should such a right be defined, considering existing national, regional and international legal framework? ¿Cuál es la definición del derecho a la seguridad social y la protección social (incluidos los pisos de protección social) para las personas mayores en la legislación nacional de su país? ¿O cómo debería definirse dicho derecho, considerando el marco legal nacional, regional e internacional existente? The right to social security is recognized in various international law instruments that are enshrined in the constitution in Argentina. In the Argentine Constitution, the right to social security is defined as a comprehensive, inalienable right and as a benefit that must be guaranteed by the State. According to the definition in the Inter-American Convention on Protecting the Human Rights of Older Persons (CIPDHPM), ratified by Argentina, the right to social security is a right that must be afforded to older persons in order for them to lead a decent life. Scope of the right 2. What are the key normative elements of the right to social protection and social security for older persons? Please provide references to existing standards on such elements as below, as well as any additional elements: ¿Cuáles son los elementos normativos clave del derecho a la protección social y la seguridad social para las personas mayores? Proporcione referencias a las normas existentes sobre los elementos que se detallan a continuación, así como sobre cualquier elemento adicional: a) Availability of contributory and non-contributory schemes for older persons. -
Fostering Employment for People with Intellectual Disability: the Evidence to Date
Fostering employment for people with intellectual disability: the evidence to date Erin Wilson and Robert Campain August 2020 This document has been prepared by the Centre for Social Impact Swinburne for Inclusion Australia as part of the ‘Employment First’ project, funded by the National Disability Insurance Agency. ‘ About this report This report presents a set of ‘evidence pieces’ commissioned by Inclusion Australia to inform the creation of a website developed by Inclusion Australia as part of the ‘Employment First’ (E1) project. Suggested citation Wilson, E. & Campain, R. (2020). Fostering employment for people with intellectual disability: the evidence to date, Hawthorn, Centre for Social Impact, Swinburne University of Technology. Research team The research project was undertaken by the Centre for Social Impact, Swinburne University of Technology, under the leadership of Professor Erin Wilson together with Dr Robert Campain. The research team would like to acknowledge the contributions of Ms Jenny Crosbie, Dr Joanne Qian, Ms Aurora Elmes, Dr Andrew Joyce and Mr James Kelly (of the Centre for Social Impact) and Dr Kevin Murfitt (Deakin University) who have collaborated in the sharing of information and analysis regarding a range of research related to the employment of people with a disability. Page 2 ‘ Contents Background 5 About the research design 6 Structure of this report 7 Synthesis: How can employment of people with intellectual disability be fostered? 8 Evidence piece 1: Factors positively influencing the employment of people -
Long-Term Disability Programs in Selected Countries by Ilene R
Long-Term Disability Programs in Selected Countries by Ilene R. Zeitzer and Laurel E. Beedon* In 1985, the Social Security Administration commis- sioned an 18-month research project to study disability in eight industrialized countries: Austria, Canada, Finland, the Federal Republic of Germany, Israel, the Netherlands, Sweden, and the United Kingdom. The study focused on three key areas: (1) the initial determination of disability, (2) the methods of monitoring disability, and (3) the incen- tives to return to work. Although the study revealed great variations among the countries in the definition of long- term disability, the approach followed in providing benefits, and the organization and features of the pro- grams, some basic similiarities were also found. Among the similarities are: (1) most countries have several income- maintenance programs to protect workers in the event that they are disabled, and (2) the disability test to determine whether a person is eligible for a disability benefit is am- biguous in that the various programs each have different eligibility criteria, different definitions of disability, differ- ent considerations given to labor-market conditions, and so forth. This article examines the diversity among the coun- tries and attempts to highlight unique approaches to ad- judicating disability, providing linkages to rehabilitation, and creating incentives for returning to work. This article compares key features of social security Overview long-term disability programs in eight industrialized countries.’ The countries whose program features are Most of the countries in the study have three public surveyed are: Austria, Canada, Finland, the Federal income-maintenance programs to protect workers in Republic of Germany, Israel, the Netherlands, case of disability. -
Disability and Aging: Historical and Contemporary Challenges William N
Marquette Elder's Advisor Volume 11 Article 4 Issue 1 Fall Disability and Aging: Historical and Contemporary Challenges William N. Myhill Peter Blanck Follow this and additional works at: http://scholarship.law.marquette.edu/elders Part of the Elder Law Commons Repository Citation Myhill, William N. and Blanck, Peter (2009) "Disability and Aging: Historical and Contemporary Challenges," Marquette Elder's Advisor: Vol. 11: Iss. 1, Article 4. Available at: http://scholarship.law.marquette.edu/elders/vol11/iss1/4 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Elder's Advisor by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. DISABILITY AND AGING: HISTORICAL AND CONTEMPORARY CHALLENGES William N. Myhill and Peter Blanck* INTRODUCTION Older Americans and Americans with disabilities face challenges actively participating in the workforce and community, living independently, and aging in place.' The proportion of older adults in the U.S. population is growing rapidly. 2 Similarly, individuals with life-long or existing * William N. Myhill, M.Ed., J.D., Director of Legal Research & Writing, Burton Blatt Institute (BBI), Adjunct Professor (College of Law) & Faculty Associate, Center for Digital Literacy (iSchool), Syracuse University; Peter Blanck, Ph.D., J.D., University Professor & Chairman BBI, Syracuse University. The program of research described herein is supported, in part, by grants from: (a) the National Institute on Disability and Rehabilitation Research (NIDRR), U.S. Department of Education, as follows (i) "Demand Side Employment Placement Models," Grant No. -
Persons with Disabilities Act, 2011 Working Draft (9
Persons with Disabilities Act, 2011 Working Draft (9th February, 2011 version) Prepared by Centre for Disability Studies NALSAR University of Law Hyderabad, India 1 INDEX Contents Page Nos Objects and Reasons Preamble Part I: Introductory • Extent • Enforcement • Purpose • Definitions • Guiding Principles for Implementation and Interpretation Part II: Lifting the Barriers • Awareness Raising • Accessibility • Human Resource Development • Equality and Non discrimination • Pro-active Interventions for Persons with Disability with increased vulnerability. • Women with Disabilities • Children with Disabilities Part III: Legal Capacity and Civil and Political Rights • Right to Equal Recognition before the Law • Right to life • Situations of Risk and Humanitarian Emergencies • Right to Liberty • Access to Justice • Right to Integrity • Right to be Protected against Violence Abuse and Exploitation • Right to Privacy • Freedom of Speech and Expression • Right to Live Independently and in the Community • Right to Home and Family • Right to Exercise Franchise, Stand for Election and Hold Public Office 2 Part IV: Capability Development • Programmatic Entitlements and definition of Persons with Disability • Education • Employment Work Occupation • Social Security • Health • Habilitation and Rehabilitation • Leisure Culture and Sport Part V: Regulatory and Adjudicative Authorities • Disability Rights Authority • Court of the National Disability Commissioners • State Disability Courts Part VI: Offences and Penalties Part VII: Miscellaneous • Power to make rules • Power to make regulations 3 The Rights of Persons with Disabilities Act, 2011 Statement of Objects and Reasons India has ratified the UN Convention on the Rights of Persons with Disabilities (UN CRPD) and has undertaken the obligation to ensure and promote the full realization of all human rights and fundamental freedoms for all Persons with Disabilities without discrimination of any kind on the basis of disability. -
Jampaper 3./Iv./2009 95 Creating Equal Opportunities
JAMPAPER 3./IV./2009 CREATING EQUAL OPPORTUNITIES WITH A HUNGARIAN-AUSTRIAN MULTIMEDIA SIGN LANGUAGE DICTIONARY Závoti Józsefné1, Katona György2 1,2 University of West Hungary Benedek Elek Faculty of Pedagogy [email protected] , [email protected] Abstract The aim of the research and development was to create a multimedia communication tool and accessibility that helps the sign language acquisition of hearing impaired people. Another aim was to compile a common Hungarian - German digital dictionary of sign language used in a foreign language area (Austria) and in Hungary. The digital dictionary has been developed by sign language experts, specialists in surdopedagogy and information specialists from both language areas. A sign research was carried out in both countries to record the currently used signs that correspond to the selected vocabulary. Researchers of NYME (University of West Hungary) concentrated on the signs used by local (West-Transdanubian) deaf and hard of hearing people, while the Austrian partner (Alpen-Adria University, Klagenfurt) employed the Austrian standardized signs. Our digital dictionary (www.omaa.fullnet.hu) also functions as a German-Hungarian, Hungarian-German dictionary as the menu is available both in German and Hungarian languages. The sign languages used in the two countries are simultaneously shown on the display in moving pictures. According to regulations sign language is naturally presented by deaf people in the videos. By watching these motion pictures the user has the opportunity to imitate, acquire and even compare the signs. The dictionary contains the sign of more than one thousand words in a way that etymological explanations are added to all words/signs in both languages. -
Human Rights and Disability
Human Rights and Disability The current use and future potential of United Nations human rights instruments in the context of disability Gerard Quinn and Theresia Degener with Anna Bruce, Christine Burke, Dr. Joshua Castellino, Padraic Kenna, Dr. Ursula Kilkelly, Shivaun Quinlivan United Nations New York and Geneva, 2002 ii ________________________________________________________________________ Contents NOTE Symbols of United Nations document are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. The views expressed in this publication are those of the authors and do not necessarily reflect the views of the Office of the United Nations High Commissioner on Human Rights. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the United Nations Secretariat concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Nor does the term “national institution” in any way imply conformity with the “Principles relating to the status of national institutions” (General Assembly resolution 48/134 of 20 December 1993, annex). HR/PUB/02/1 Copyright © United Nations 2002 All rights reserved. The contents of this publication may be freely quoted or reproduced or stored in a retrieval system for non-commercial purposes, provided that credit is given and a copy of the publication containing the reprinted material is sent to the Office of the High Commissioner for Human Rights, Palais des Nations, CH- 1211 Geneva 10, Switzerland. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form without the prior permission of the copyright owner if the purpose relates to profit-making ventures. -
International Disability Alliance (IDA) Member Organizations
International Disability Alliance (IDA) Member Organizations: Disabled Peoples' International, Down Syndrome International, Inclusion International, International Federation of Hard of Hearing People, World Blind Union, World Federation of the Deaf, World Federation of the DeafBlind, World Network of Users and Survivors of Psychiatry, Arab Organization of Disabled People, European Disability Forum, Red Latinoamericana de Organizaciones no Gubernamentales de Personas con Discapacidad y sus familias (RIADIS), Pacific Disability Forum Suggestions for disability-relevant recommendations to be included in the Concluding Observations of the Committee for the Elimination of Discrimination against Women 48th Session (17 January -4 February 2011) The International Disability Alliance (IDA) has prepared the following suggestions for the Concluding Observations, based on references to persons with disabilities to be found in the state report and list of issues. ISRAEL Israel has signed but not ratified the Convention on the Rights of Persons with Disabilities. Select references to persons with disabilities in the State reports and list of issues: Fourth State Report Women with Disabilities General and Legal Framework 69. According to estimates by the Commission for Equal Rights for People with Disabilities within the Ministry of Justice, people with disabilities make up about 10% of the Israeli population; about half of them are women. According to the Commission, women with disabilities suffer from “twofold” discrimination. 70. On March 22, 2005 the Knesset approved Amendment no. 2 to the Law on Equal Rights for People with Disabilities 5758-1998, ("Equal Rights for People with Disabilities Law"). The amendment to the law obligates the state to make new buildings and infrastructures accessible. -
Sociolinguistic Research on Language Acquisition and Language Use of the Deaf in Hungary
SOCIOLINGUISTIC RESEARCH ON LANGUAGE ACQUISITION AND LANGUAGE USE OF THE DEAF IN HUNGARY HELGA HATTYÁR THESIS 2008 INTRODUCTION The World Federation of the Deaf estimates the Deaf population in the world at approximately 70 million (Bergman 1994, http://www.wfdeaf.org). Because of the lack of exact numbers, we also have to lean on estimated numbers of the Hungarian Deaf population. According to this there are 30–40 000 deaf people living in Hungary (Vasák é.n. [2004]: 14). They create the third biggest (but not recognized) linguistic and cultural minority in Hungary (Bartha és Hattyár 2002), whose members use the Hungarian Sign Language for communication within the community. Reviewing the numbers on Deaf it is important to notice, that it is only 5– 10% of them who are born in deaf family (Berent 2004). This way we can observe the generational continuity only in a small compass in the Deaf community, so most members of the community come from the hearing world in each generation and they live in hearing environment for a long time. Using empirical data the present dissertation discusses how prelingual Deaf children acquire Hungarian Sign Language (HSL) and Hungarian as well, and what kind of grammatical competencies these children can develop in the different language acquisition models. Because of the difficulty of their case, the language acquisition of prelingual Deaf children of hearing parents will be specially emphasized. I. SIGN LANGUAGES AS NATURAL HUMAN LANGUAGES – MISBELIEF AND DENIALS It is quite rare that we have to prove about a language that it is one of the natural human languages.