FLAC TCD - Disability Rights

Page 15

Introduction The area of disability rights is a complex, delicate one that invokes much passion in its discourse. As this area attracts increased awareness, attention must be paid by Irish legislators to the models and definitions it employs of ‘disability’, and what such definitions signify. This chapter will discuss differing models of disability, the definition of ‘disability’ in Irish law, and will conclude by examining the case study of ‘invisible’ disabilities. I.

Differing Models of Disability

While significant progress has been made towards stigmas associated with disability, definition of the term remains relatively contentious. This is largely to do with the conflicting models of disability developed over the past century. State responses and provisions for persons with disability reflect to varying degrees the models of disability that have either been explicitly accepted or implicitly adopted. In exploring the unique frameworks of models of disability, this section will also assess its impact on the everyday lives of persons with disabilities. A primary purpose of implementing disability models is so that an effective structure can be devised to aid and meet the needs of persons with disabilities. These models facilitate the identification and understanding of disability in a manner intelligible to policy-makers. However, a number of these models have been constructed and dictated without the involvement of persons with disabilities, resultingly non-disabled persons have imposed definitions upon persons with disabilities. The Medical Model A prime example of this is the controversial approach of the medical model of disability, that views all disabilities ‘as the result of some physiological impairment due to damage or a disease process’.1 Historically, disabled persons have been institutionalized largely due to the approaches deemed suitable by professionals engaged in medical practice. The overarching agenda in the medical

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A. Llewellyn and K. Hogan, ‘The Use and Abuse of Models of Disability’ (2000) 15(1) Disability & Society 157.

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Scope and limitations of the Act

12min
pages 124-130

Overview of the Act

1min
page 120

Changes implemented by the Act

5min
pages 121-123

Changes introduced by the Act

10min
pages 113-119

Wardship in Ireland

5min
pages 110-112

Future Directions and Recommendations for Reform

9min
pages 104-109

International Comparative: Legal Models for Workplace Inclusion

7min
pages 93-97

Overview of Irish Social Welfare Supports

9min
pages 98-102

Ireland’s comprehensive Employment Strategy for People with Disabilities

10min
pages 87-92

disabilities

4min
pages 82-85

Primary legislative and policy context for persons with disabilities and employment in Ireland

1min
page 86

Educational Needs Assessments and Curriculum Design Case-study: School closure during Covid 19 and the rights of children with

8min
pages 78-81

The Irish Probation Service

3min
pages 70-72

The right to an ‘appropriate’ education under Irish law

2min
page 73

The Criminal Trial of Persons with Disabilities

5min
pages 65-67

The Employment Equality Directive

11min
pages 57-64

Framework in Response to the UNCRPD

9min
pages 46-51

The Irish Prison Service

4min
pages 68-69

The European Accessibility Act

8min
pages 52-56

United Nations Convention on the Rights of Persons with Disabilities A Critical Commentary on the Evolution of Ireland’s Legal and Policy

6min
pages 43-45

The right to political participation for persons with disabilities

2min
page 26

Case Study: ‘Invisible’ Disabilities

6min
pages 21-25

Differing Models of Disability

3min
pages 15-16

The European Convention on Human Rights and The Protection of Persons with Disabilities

6min
pages 40-42

Page

9min
pages 6-14

Denmark and Rosenlind v Denmark

8min
pages 34-39

Progress in lifting administrative and legal barriers in political participation for persons with disabilities Analysing the European Court of Human Rights Decisions in Strøbye v

13min
pages 27-33

Defining Disability in Irish Law

7min
pages 17-20
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