Disability Civil Rights Research Articles

New Rules Requiring Accessible Medical Diagnostic Equipment—Updates to Section 504 Disability Civil Rights Regulations

This Viewpoint reviews the history of mandates governing access to medical diagnostic equipment in Section 504 of the Rehabilitation Act of 1973 and reviews the new rules.

Challenges for the Pro-Life Movement in a Post-Roe Era.

This article argues that state laws banning abortions for disability violate reproductive justice for parents with disabilities. These bans deprive people with disabilities of choices that may be important to their possibilities of becoming parents, including possibilities for abortion of pregnancies that have become risky to continue. Far from protecting disability civil rights, these state law bans restrict the abilities of people with disabilities to choose to have children and to parent.

The Reproductive Injustices of Abortion Bans for Disability.

This article argues that state laws banning abortions for disability violate reproductive justice for parents with disabilities. These bans deprive people with disabilities of choices that may be important to their possibilities of becoming parents, including possibilities for abortion of pregnancies that have become risky to continue. Far from protecting disability civil rights, these state law bans restrict the abilities of people with disabilities to choose to have children and to parent.

Have Almost Fifty Years Of Disability Civil Rights Laws Achieved Equitable Care?

For almost fifty years, federal civil rights laws such as Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008, and Section 1557 and other provisions of the 2010 Patient Protection and Affordable Care Act have prohibited discrimination against Americans with disabilities, including in health care. Despite these laws, disabled Americans continue to experience disparities in health and health care, from preventive care to home and community-based services. In its 2022 Health Equity Framework for People with Disabilities, the National Council on Disability highlighted some of these disparities and recommended remedies. To explore these concerns, this article examines disability inequities and potential solutions within six areas. It concludes by recommending the ratification of the 2006 United Nations Convention on the Rights of Persons with Disabilities to reinvigorate US efforts to maximize the health and dignity of disabled Americans and support their full participation in the community.

Understanding disability civil rights non-categorically: The Minority Body and the Americans with disabilities act

A persistent paradox apparently infects disability civil rights claims. On the one hand, these rights claims are often understood to apply only to those who are sufficiently impaired in body or in mind to qualify for them because of the disadvantage they endure. On the other hand, asserting significant impairments threatens to undermine the plausibility of these claims as civil rights rather than as welfare for those who are dependent and in need of extra help. Behind this paradox lies a type of categorical understanding of disability civil rights: that disability civil rights are only for those who fall into a category of disability and that this category should be defined in a particular way, in terms of disadvantaging disablement. In this article, I dispel this paradox by deploying a critical analysis of Elizabeth Barnes’s account of physical disability in her recent book, The Minority Body (2016). In her book, Barnes makes the important critical point that disability is not “bad” difference. Instead, she argues that physical disability is a physical condition that the disability rights community is working to promote justice for. I argue that this account fails as a project of ameliorative social metaphysics because it fails to understand the role of impairment in the construction of disability antidiscrimination law. I also argue that her account risks privileging physical disability and is thus problematic as a starting place for examining disability justice.

Understanding Disability Civil Rights Non-Categorically: The Minority Body and the Americans with Disabilities Act

Barnes's The Minority Body is a welcome corrective to accounts of disability that judge it to be bad for people with disabilities and that rest claims to social justice on this assumption. It is less successful as a project in ameliorative social metaphysics that defines disability in terms of what a rights movement seeks justice for. We need instead to begin with an account of the discrimination that a rights movement ought to seek to remedy. This is an urgent project, as proponents of disability rights know all too well.

Views of teenage children about the effects of a Parent's mobility disability

BackgroundFew U.S. studies have explored how children experience a parent's mobility disability and its effects on their daily lives. ObjectiveWe aimed to engage youth ages 13–17 who had at least one parent with mobility disability in describing their perceptions of their parent's disability and its consequences for their daily and family life. MethodsParticipants videoed and photographed their experiences following general guidelines from the researchers about topics of interest. Participants made their own choices about what they submitted. We used conventional content analysis to identify broad themes. ResultsThe mean (standard deviation) age of the 10 participants was 15.2 (1.9) years; 5 were male; 9 participants were white. All 5 girls submitted multiple self-focused (selfie) videos made in their bedrooms; the 5 boys submitted more diverse data files. Several broad themes or topics emerged including: the effects of timing and trajectory of the parent's disability; perceptions of early maturity and responsibility; fears and frustrations relating to the parent's disability; support and emerging resilience; and sense of social justice. Participants generally felt their parents' disability made them become – compared to their peers – more mature, responsible, capable of performing household tasks, and aware of disability civil rights. ConclusionsParticipants raised many issues that health care providers should be aware of when youth have parents with mobility disability. A parent's mobility disability may be associated with resilience but also may pose challenges for youth. More research is needed to understand better adolescents' experiences and how clinicians might best assist these youth.

Disability-policy models in European welfare regimes: comparing the distribution of social protection, labour-market integration and civil rights

This paper examines different models of disability policy in European welfare regimes on the basis of secondary data. OECD data measuring social protection and labour-market integration is complemented with an index which measures the outcomes of disability civil rights. Eurobarometer data is used to construct the index. The country modelling by cluster analysis indicates that an encompassing model of disability policy is mainly prevalent in Nordic countries. An activating and rehabilitating disability-policy model is predominant mainly in Central European countries, and there is evidence for a distinct Eastern European model characterized by relatively few guaranteed civil rights for disabled people. Furthermore, the Southern European model, which indicates a preference for social protection rather than activation and rehabilitation, includes countries which normally have diverse welfare traditions.

ADA at 25 and People With Cognitive Disabilities: From Voice to Action

AbstractThe Americans With Disabilities Act (ADA) of 1990, and the ADA Amendments Act (ADAAA) of 2008, are effecting dramatic changes in the perception of cognitive and other disabilities, from primarily viewing disability as a medical state to be cured and pitied toward acceptance of disability as an element of human experience and self-identity. The ADA's modern understanding of disability is as much shaped by diversity in biology, local culture, and self-identity over the life course, as it is by the barriers to inclusion we build and maintain in society. This view reflects the paradigm shift from the prior and dominating medical model to a social and environmental approach to disability civil and human rights. This two-part special issue of the journal Inclusion examines the ADA at its 25th anniversary. The articles reflect on the past 25 years, examine the present, and anticipate the future to ensure continued progress towards the civil and human rights of individuals with cognitive and other disabilities.

Silence on the stomping grounds: a case study of public communication about disability in the 1990s

This case study describes the manner in which the University of North Carolina at Chapel Hill – the first state-funded institution of higher education in the United States – publicly addressed the disability civil rights movement just before and after the passage of the Americans with Disabilities Act in 1990. An analysis of archived documents, reports, and correspondence among administrators coupled with a review of news coverage in two of the most prominent news sources on campus indicated that there was no attempt to create and sustain significant public communication efforts about disability. Public communication focused on accessibility issues and rarely acknowledged the significance of the disability civil rights. The potential benefit of public communication about disability issues is discussed as it relates to higher education’s obligation to assume social leadership.

Disability Civil Rights and a New Paradigm for the Twenty-First Century: The Expansion of Civil Rights Beyond Race, Gender and Age

The modern workplace is becoming diverse in ways that are no longer captured by exclusive categories of race, gender, and age. Class and economic differences, sexual orientation, multiple careers, and individuals with disabilities are all a part of a workforce that is changing the American employment landscape in non-traditional ways. For many people in the workforce, being treated equally does not always achieve a workplace free of discrimination, nor accomplish the broad goals of civil rights. The lack of homogeneity among people with disabilities requires an individual and contextual analysis under the Americans with Disabilities Act (ADA), as well as a flexible, interactive process between the employer and the employee to provide a reasonable accommodation. Miller argues that this disability rights paradigm - one that necessitates an individualized, case-by-case analysis of discrimination - better reflects the diversity and needs of the complex, modern workforce.

What Disability Civil Rights Cannot Do: Employment and political economy

The Americans with Disabilities Act is both a liberal civil rights bill and a labour economics bill meant to increase the employment of disabled persons. It identifies the source of unemployment in discriminatory attitudes of employers and physical barriers in the work environment, and promotes inclusion through the establishment of regulations that are intended to create 'equal opportunity' in the labour market. Such liberal reforms primarily focus on 'irrational' discriminatory attitudes. Operating within an individualist framework, civil rights have not given sufficient attention to structural barriers, which 'rational' business practices, the economic system and class power relationships erect. This paper will both micro- and macro-economic realities of US capitalism, which directly impede disabled peoples' employment and perpetuate a disabling society. The failure of rights legislation to increase disabled people's employment exposes the contradictions of promoting equal opportunity in a class-based (unequal) society.

Organizing From Diversity in the Name of Community: Lessons From the Disability Civil Rights Movement

The recent passage of the Americans with Disabilities Act and other pieces of legislation affecting the disability community and other civil rights communities suggests a level of cohesion within the disability movement that blurs the reality and the power of the tensions which did and do exist. Examining the struggles to maintain an effective, cohesive entity provides an opportunity to explore the complexity of the disability movement as well as lessons for policy and program planning and for community organizing.