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Disability Rights

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Sarah Hasan

on 12 October 2012

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Transcript of Disability Rights

Disability Rights Legal peripheries: Struggle over disabled Canadians' places in law, society and space. An article by Vera Chouinard Differences such as race, gender, and mental or physical impairment, often focus on issues of legal rights profound exclusion in which basic human rights are routinely denied. It is from such peripheral, dis empowered locations that disabled Canadians are struggling to claim their places in law, society and space. Disabled Canadians have struggled against formidable odds for rights to inclusion in society and space.
The Canadian disability movement originated in Western Canada during the early 1970s.
The establishment of the first independent provincial organizations run by and for disabled people (rather than by rehabilitation professionals or charities).

At the end of the 1970s, independent, consumer-led disability organizations had been established in much of Canada; making the disability movement national in scope (Driedger 1987; 1993).

Over the past two decades, disabled Canadians have struggled against any odds to advance and assert rights to be included and participate in the same spaces of life as other citizens. Their struggles have been part of a global movement for the empowerment and civil rights of disable people (Driedger 1987) Rights of mobility, physical access and equality under Canadian law were central to the political agenda of the disability movement.

They were routinely denied access to many spaces of social life and thus suffered extremes of isolation.

The liberal rights agenda spoke in a very immediate way to what it was like to be disabled in Canada. This spoke to hopes that greater spatial and legal equality of opportunity, which would enable disabled persons to fully participate in the life of the nation. The Canadian disability movement's accomplishments are often judged in terms of whether disabled peoples' places in law have become more or less equal to those of able-bodied citizens.
The liberal rights agenda of the disability movement, put powerful beliefs that legal institutions are the places through which sociopolitical justice is determined and realized. In Canada, disability struggles have led to important changes in disabled people's formal human and citizenship rights.

Rights to freedom from discrimination on the basis of disability have been enshrined in federal and provincial human rights codes and more recently in the Canadian Charter of Rights and Freedoms (Constitution Act 1982).

Human rights codes and the Charter have provided bases for test case litigation, and allowed a body of case law to develop which generally upholds disabled peoples' rights to freedom from discrimination, and establishes legal remedies for discrimination on the basis of disability in spaces such as the workplace (Lynk 2000). A 'just society' is one that is socially and spatially inclusive across diversities such as bodily differences. In practice, they signal that legal authority and power may deployed when disabled peoples' rights are violated, and this threat of legal force can in turn provide leverage. These are disabled peoples' informal struggles to assert rights (e.g., to accommodation of special needs). Embodying citizenship: disability struggles in Canada Equality Under Canadian Law Disability Movements Disability Freedom Rights A 'Just' Society It is important to recognize the complaints of right violations are handled in a uniform way within the justice system.

Procedural and institutional variations used in how complaints are resolved have a great deal to do with how effectively rights are protected in practice.

It is clear that less weight is given to the human rights of marginalized groups such as the disabled in adjudicatory practice than to rights of more powerful groups such as property-owners or organized labor. With human rights complaints in especially peripheral,

Dis empowered positions in law, society and space one can tell these complaints are common and are being mishandled. Recognizing Violations and Complaints Complaints process established under the Canadian Human Rights Act and closely replicated under provincial human rights codes, in contrast to adjudicatory bodies such as rental property tribunals or labour relations boards,

Human rights commissions have been granted sweeping powers to dismiss rights complaints without investigation and/or referral to a tribunal. Human rights complaints may be summarily dismissed; thus denying complainants rights to a hearing and access to the adjudication process. Disparities in rights to hearings are a sobering reminder that socio-spatial inequalities in access to legal rights are in part reproduced through powers granted to judicial and quasi-judicial bodies, and that, in instances where particular rights are given relatively low priority,

legislation and institutions may be designed and adjudication practiced in ways that seriously limit peoples' capacities to assert their legal rights. "Between 1988 and 1997, the Commission decided not to proceed with or to dismiss about two thirds of all complaints." Disabled citizens are thus among those most likely to be adversely affected by high rates of dismissal.

Constraints and cutbacks in funding limit their capacities to adjudicate complaints and ultimately protect rights in practice. Lack of funding has always been a problem for the Commission and in the last five years resources have been cut significantly. Program cutbacks are partly to blame for the obstacles it has encountered in dealing with complaints promptly. Canadian Human Resources Act Canadian labor force, despite increases in availability over the past decade, suggest that employer resistance to hiring disabled workers remains stubbornly high, and that, moreover, systemic barriers to employment will remain in place unless employers are required to include disabled people in their workforces. Hiring and Jobs
From 1987 to 1997, the proportion of disabled people available for positions with private employers and crown corporations rose from 5.5 percent to 6.7 percent of the labour pool; however, their representation amongst paid employees rose only from 1.6 percent to 2.3 percent. Did You Know? Intro By: Sarah Hasan & Kristen Latchana Able Body Living In A Disable World Personal Responses Sarah:
I strongly believe that disable individuals should be given the same rights as able bodied people. The law should abide to everyone living in Canada and not only select individuals. I feel that yes Canada has strengthened itself in trying to give disable people full rights and assisting them to achieve what they want, but we need to make people more aware of there needs and wants. Disable people in my view should not be discriminated against and that society should take the extra measures for them to fit in as easily as possible. Simple things like installing ramps, having brail writing available for the blind and letting seeing eyes dogs in places should be promoted and mandatory. Did you Know? Total Number and Percentage of People with Disabilities in Canada:
•Approximately 3.6 million people in Canada have disabilities, representing 12.4 percent of Canada’s population.
Total Number and Percentage of People with Disabilities in Ontario:
• Approximately 1.5 million people in Ontario have disabilities, representing 13.5 percent of Ontario’s population.[1]
Disability Rate Increases with Age:
• Of the total Canadian population in 2001, 12.4 percent have a disability. National statistics indicate that 41 percent of people aged 65 and over have a disability, while among those aged 15 o 64, 10 percent have a disability. Of the total population of Canadian children aged 0 to 14, 3 percent have a disability.
Projected Statistics on Aging Population:
• Projections show that by 2021, seniors with disabilities will outnumber 25- to 64-year-olds with disabilities. In 2026, the majority of people with disabilities will be 65 years of age or older—some 3.05 million people.[2]
About 4.4 million Canadians (14.3%) reported having a disability in 2006. The percentage of Canadians with disabilities increased with age, ranging from 3.7% for children 14 years and under to 56.3% for those 75 years and over.

Charter Relations Human rights codes and the charter have provided basis for test case litigation and allowed a body of case law to develop which generally upholds disabled peoples rights and freedoms in all aspects. Works Cited "Canadians in Context - People with Disabilities." / Indicators of Well-being in Canada. "Human Rights and Disabilities." Canadian Heritage -. N.p., n.d. Web. 11 Oct. 2012. N.p., n.d. Web. 11 Oct. 2012. Chouinard, Vera. "Legal peripheries: Struggles over disabled Canadians' places in law, society and space." Canadian Geogpher 1(2001):187. eLibrary. Web. 04 Oct, 2012. Kristen:
Personally prior to reading this article I was unaware of the mistreatment of disabled people was so profound. Its not to say that they do not have the same rights as able-bodied people its just that, it harder for them to express these rights as easily as we can. As well, they shouldn't feel awkward when trying to receive help of while they are receiving help. The Charter and Act on Disability Eliminating disability means equal opportunity and full accommodations with persons with a disability weather it be physical or mental. In Canada these things are determined through law.

Canadian Charter of Rights and Freedoms:

The Canadian Charter of Rights and Freedoms, enacted in 1982, includes a specific mention of physical or mental disability as a prohibited ground of discrimination. . Section 15 of the Charter makes it illegal for governments in Canada to discriminate against persons with disabilities in their laws and programs.

Canadian Human Rights Act:

Physical and mental disability are prohibited grounds of discrimination under the Canadian Human Rights Act, which also includes a "duty to accommodate . Under the Act, federally regulated employers are bound by law to prevent discrimination and to provide access and support to individuals with disabilities.

Employment Equity Act:

The objective of the Employment Equity Act is to achieve equality in the workplace so that no person is denied employment opportunities for reasons unrelated to ability and to correct the conditions of disadvantage in employment (duty to accommodate).

Provincial and Territorial Legislation:

Provincial and territorial governments also have various laws that prohibit discrimination against persons with disabilities, including human rights codes, acts or charters.

Discussion Questions!

#1. What do you think society should do to help integrate and accommodate disable people?

#2. Do you feel able bodied people can help some of the disable people in advancing disable laws or should this be left for disable people to do on there own? Why or Why not?

#3. Do you feel like in a way people who have control over complaints sent in by disable people are cheating these people out of answers, feedback and help? How can this be prevented or managed?

#4. "Lack of funding has always been a problem for the commission and in the last five years resources have been significantly cut." Why do you think this is? How can we help? Is this fair to the disable community? Can the government assist in helping or does the society step in? Law standing on the issue of disability Canadian law stands on the the issue of disability with its feet firmly planted on the ground. The law had really stood in favor for the equality rights for disabled people living in Canada. Canada has set out laws to protect these disable people from malice and discrimination form employers and the public. Disable people have the Charter of rights and freedoms (Section 15) and also three other forms of law. The Canadian human rights act, employment equality act and the provincial and territorial legalization all are in favor of disable people being equal to everyone else! Canadian law right now stands in a strong position to knock out discriminatory actions others may emit on disable people.
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