2010 ADA Standards for Accessible Design


Book Description

(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.




The Development of Disability Rights Under International Law


Book Description

The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.




Disability Rights Mandates


Book Description




Americans with Disabilities Act


Book Description




Enabling Acts


Book Description

The first major behind-the-scenes account of the history, passage, and impact of the Americans with Disabilities Act (ADA)—the landmark moment for disability rights The Americans with Disabilities Act (ADA) is the widest-ranging and most comprehensive piece of civil rights legislation ever passed in the United States, and it has become the model for disability-based laws around the world. Yet the surprising story behind how the bill came to be is little known. In this riveting account, acclaimed disability scholar Lennard J. Davis delivers the first on-the-ground narrative of how a band of leftist Berkeley hippies managed to make an alliance with upper-crust, conservative Republicans to bring about a truly bipartisan bill. Based on extensive interviews with all the major players involved including legislators and activists, Davis recreates the dramatic tension of a story that is anything but a dry account of bills and speeches. Rather, it’s filled with one indefatigable character after another, culminating in explosive moments when the hidden army of the disability community stages scenes like the iconic “Capitol Crawl” or an event when students stormed Gallaudet University demanding a “Deaf President Now!” From inside the offices of newly formed disability groups to secret breakfast meetings surreptitiously held outside the White House grounds, here we meet countless unsung characters, including political heavyweights and disability advocates on the front lines. “You want to fight?” an angered Ted Kennedy would shout in an upstairs room at the Capitol while negotiating the final details of the ADA. Congressman Tony Coelho, whose parents once thought him to be possessed by the devil because of his epilepsy, later became the bill’s primary sponsor. There’s Justin Dart, adorned in disability power buttons and his signature cowboy hat, who took to the road canvassing 50 states, and people like Patrisha Wright, also known as “The General,” Arlene Myerson or “the brains,” “architect” Bob Funk, and visionary Mary Lou Breslin, who left the hippie highlands of the West to pursue equal rights in the marble halls of DC.




Sharing the Dream


Book Description

This report is based on the public hearing on the Americans with Disabilities Act which the U.S. Commission on Civil Rights held on November 12-13, 1998 to "investigate how the ADA was accomplishing its objectives of ensuring equality, independence, and freedom for people with disabilities"--P iii




The United Nations Convention on the Rights of Persons with Disabilities


Book Description

This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.




Section 1557 of the Affordable Care Act


Book Description

Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.




The Future of Disability in America


Book Description

The future of disability in America will depend on how well the U.S. prepares for and manages the demographic, fiscal, and technological developments that will unfold during the next two to three decades. Building upon two prior studies from the Institute of Medicine (the 1991 Institute of Medicine's report Disability in America and the 1997 report Enabling America), The Future of Disability in America examines both progress and concerns about continuing barriers that limit the independence, productivity, and participation in community life of people with disabilities. This book offers a comprehensive look at a wide range of issues, including the prevalence of disability across the lifespan; disability trends the role of assistive technology; barriers posed by health care and other facilities with inaccessible buildings, equipment, and information formats; the needs of young people moving from pediatric to adult health care and of adults experiencing premature aging and secondary health problems; selected issues in health care financing (e.g., risk adjusting payments to health plans, coverage of assistive technology); and the organizing and financing of disability-related research. The Future of Disability in America is an assessment of both principles and scientific evidence for disability policies and services. This book's recommendations propose steps to eliminate barriers and strengthen the evidence base for future public and private actions to reduce the impact of disability on individuals, families, and society.




The UN Convention on the Rights of Persons with Disabilities


Book Description

This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.