Comprehensive data collection on accommodation implementation and retention rates would ensure accountability and help identify areas for improvement.
Showing posts with label Policy/Law. Show all posts
Showing posts with label Policy/Law. Show all posts
UNCRPD
UNCRPD.
As an undergrad I had the opportunity to work on 42 case studies of the implementation of the UNCRPD by signatory countries. I learned so much about disability challenges, especially in under-resourced nations. Thank you Professor Pineda for that internship opportunity.
Disability Rights and both human rights and civil rights. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) represents a monumental step towards ensuring equal rights and inclusion for people with disabilities worldwide.
What is the UNCRPD… Read on
The Birth of UNCRPD
UNCRPD’s journey began in the early 2000s, rooted in a growing recognition that existing international human rights instruments were insufficient in protecting the rights of persons with disabilities (PWD). The Convention was adopted by the UN General Assembly on December 13, 2006, and it opened for signature on March 30, 2007 where it received an overwhelming response; with 82 countries signing the Convention on opening day, making it the highest number of signatories in history to a UN Convention on its opening day. As of today, there are 182 parties to the Convention, including the European Union, which signed as a regional integration organization.
The drafting process of the UNCRPD was marked by unprecedented collaboration between governments and civil society, particularly organizations of PWDs. The "Nothing about us without us" motto became a central theme, ensuring that the voices of PWDs were at the forefront of the discussions.
The first Conference of States Parties (COSP) to the UNCRPD was held in 2008 at the UN Headquarters in New York. This conference is an annual event where signatories gather to discuss progress, challenges, and strategies related to the implementation of the Convention. The COSP plays a crucial role in maintaining momentum and ensuring accountability among the States Parties.
Since its adoption, the UNCRPD has led to significant changes in legislation and policy around the world. Countries that have ratified the Convention are obligated to align their national laws and policies with its principles. This has resulted in greater awareness, increased accessibility, and more inclusive education and employment opportunities for PWDs. The Convention continues to inspire movements and advocacy efforts globally, reinforcing the idea that disability rights are human rights and that every person deserves to live with dignity, autonomy, and equality.
The UNCRPD is more than just a legal document; it is a powerful tool for change, reflecting a global commitment to ensuring that PWDs enjoy the same rights and opportunities as everyone else. Its history, structure, and impact demonstrate the ongoing efforts to build a more inclusive world where diversity is celebrated, and everyone is empowered to participate fully in society. The contributions of dedicated disability rights activists were instrumental in its creation and continue to drive its implementation, ensuring that the principles of the Convention are realized in the lives of persons with disabilities worldwide.
The U.S. and the CRPD
The United States signed the UNCRPD on July 30, 2009, indicating its support for the treaty's principles and its intent to promote and protect the rights of individuals with disabilities. However, despite signing the UNCRPD, the United States Senate has not ratified the treaty. This means that, although the U.S. has expressed its endorsement of the CRPD by signing it, the treaty has not been approved by the U.S. Senate and thus is not legally binding in the United States. The U.S. continues to adhere to its own disability rights legislation, such as the ADA, which served as an inspiration for the UNCRPD.
Main Sections of the UNCRPD
The UNCRPD is a comprehensive document that outlines the rights of disabled persons and the obligations of States Parties to promote, protect, and ensure these rights. It is divided into several key sections:
Preamble: This sets the context and outlines the underlying principles of the Convention.
General Principles (Article 3): Includes principles such as respect for inherent dignity, non-discrimination, full and effective participation and inclusion in society, respect for difference, and acceptance of persons with disabilities as part of human diversity.
General Obligations (Article 4): States Parties commit to ensuring and promoting the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination.
Specific Rights:
Equality and Non-Discrimination (Article 5)
Accessibility (Article 9)
Right to Life (Article 10)
Equal Recognition Before the Law (Article 12)
Access to Justice (Article 13)
Liberty and Security of Person (Article 14)
Freedom from Torture (Article 15)
Freedom from Exploitation, Violence and Abuse (Article 16)
Living Independently and Being Included in the Community (Article 19)
Education (Article 24)
Health (Article 25)
Work and Employment (Article 27)
Participation in Political and Public Life (Article 29)
Implementation and Monitoring (Articles 33-40): These articles describe the measures for implementation and monitoring, including the establishment of a Committee on the Rights of Persons with Disabilities to oversee the Convention's implementation.
IDEA
Understanding the Individuals with Disabilities Education Act (IDEA)
In her memoir "The Heumann Perspective," the late legendary disability rights activist, Judy Heumann recounts how she was refused entry to public school as a child because she was deemed a "fire hazard." Her story sets the stage for understanding the importance and impact of the Individuals with Disabilities Education Act (IDEA).
IDEA was born out of a broader movement for disability rights in the United States, heavily influenced by the civil rights movements of the 1960s and 1970s. Before its enactment, many children with disabilities were excluded from public education or received inadequate services. Recognizing the need for federal legislation to protect the educational rights of these children, the Education for All Handicapped Children Act (EHA) was enacted in 1975. This marked a significant shift towards inclusive education and equal opportunities. On October 30, 1990, the act was reauthorized and renamed the Individuals with Disabilities Education Act (IDEA). Further amendments in 1997 and 2004 were made to better serve students with disabilities, ensuring they have access to a free and appropriate public education
Influential Figures in the Making of IDEA
Several key figures and advocacy groups played pivotal roles in the development and implementation of IDEA:
Judith Heumann: A lifelong disability rights advocate, Heumann's activism and leadership, particularly through her work with the Center for Independent Living and her role in the U.S. Department of Education, were instrumental in shaping policies related to special education.
Tom Harkin: A U.S. Senator known for his strong advocacy for disability rights, Harkin played a significant role in the passage and reauthorization of IDEA, ensuring that the needs of students with disabilities were addressed in federal law.
Parent Advocacy Groups: Organizations like the National Association for Parents of Children with Visual Impairments (NAPVI) and the National Down Syndrome Congress (NDSC) were crucial in lobbying for the rights of children with disabilities and the creation of IDEA.
Key Provisions of IDEA
IDEA is designed to ensure that children with disabilities receive a free and appropriate public education (FAPE) tailored to their individual needs. The main provisions of IDEA include:Free Appropriate Public Education (FAPE): Ensures that all disabled children have access to public education at no cost to their families.
Individualized Education Program (IEP): Requires schools to develop an IEP for each student with a disability, outlining specific educational goals and the services the student will receive.
Least Restrictive Environment (LRE): Mandates that disabled children should be educated alongside their non-disabled peers to the greatest extent appropriate.
Parental Participation: Ensures that parents are involved in decision-making processes regarding their child's education.
Procedural Safeguards: Provides protections for students and their families, including the right to due process hearings and mediation to resolve disputes.
Evaluation and Eligibility: Establishes criteria for identifying and evaluating children with disabilities to determine their eligibility for special education services.
New article In Psychology Today
How Reasonable are Reasonable Accommodations at Work
Yes, 100% agree with these important points - the problems with reactive enforcement, power imbalances, "neurodiversity lite" etc. Thank you for being a powerful voice in favour of change!!
Another brilliant article Hari. I am sharing it widely too. The students in our autism certificate programs always love your pieces and refer back to them frequently in their reflections.
Another brilliant article Hari. I am sharing it widely too. The students in our autism certificate programs always love your pieces and refer back to them frequently in their reflections.
Section 504
"No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
This one line powerful statement is the heart of Section 504 of the Rehabilitation Act of 1973, a landmark piece of legislation that laid the foundation for disability rights in the United States. It was a groundbreaking step towards ensuring equal opportunities for individuals with disabilities in various aspects of public life.
The journey to its enactment and enforcement is a compelling narrative of relentless activism, dramatic protests, and the unwavering determination of a community fighting for their rights.
The Birth of Section 504
In 1973, the first federal civil rights protection for people with disabilities, Section 504 of the Rehabilitation Act, was signed into law. Section 504 specifically prohibits discrimination against persons with disabilities by any program or activity receiving federal financial assistance. This law was based on the language of previous civil rights laws that protected women and minorities, recognizing that society had historically treated people with disabilities as second-class citizens based on deeply held fears and stereotypes. These attitudes had translated into pity and persecution and later into policies that were based on paternalism.Activism and the 504 Sit-in
Despite its promise, the implementation of Section 504 faced significant delays and resistance. Between 1973 and 1977, no regulations were issued to enforce it. During this period, strong regulations were drafted by attorneys in the Office for Civil Rights and sent to the Secretary of Health, Education, and Welfare (HEW) with a recommendation to publish them for public comment. However, opposition from covered entities such as hospitals, universities, and state and county governments led to much delay. The disability community filed a lawsuit in federal court, and the judge ruled that the regulations must be issued but did not specify when.
In response to these delays, the disability community mobilized. One of the most significant actions was the 504 Sit-in at the San Francisco Federal Building in 1977, led by activists like Judy Heumann and Kitty Cone. This sit-in, which lasted 26 days, was the longest nonviolent occupation of a federal building in U.S. history. Kitty Cone, in her "Short History of the 504 Sit-in" on the Disability Rights Education and Defense Fund (DREDF) website, recounts the strategic planning and broad community support that sustained the protest.
Cone writes, "In the Bay Area, a broad cross-disability coalition, the Emergency 504 Coalition, began building for a rally on April 5th, knowing we’d sit in afterwards. We set up committees to take on different tasks such as rally speakers, media, fund-raising, medics, monitors, publicity, and outreach." The outreach committee's success in garnering broad community support from churches, unions, civil rights organizations, and others proved invaluable once inside the building. The Black Panther Party and Glide Memorial Church provided food, and the International Association of Machinists facilitated the transport of demonstrators to Washington."
The sit-in participants endured physically grueling conditions, sleeping on the floor and dealing with stress about their families, jobs, and health. Cone describes how all participants met daily to make tactical decisions in flowing, creative meetings that often went on for hours. This process was critical for developing consensus and a course of action.
Joseph Califano and the Regulations
The central figure of resistance within the government was Joseph Califano, the Secretary of HEW. Califano was reluctant to sign off on the regulations necessary to enforce Section 504. The activists' persistence, however, eventually bore fruit. Public pressure mounted, and the media attention garnered by the protests made it impossible to ignore their cause. On April 28, 1977, Califano finally signed the regulations, making Section 504 enforceable and marking a monumental victory for disability rights.
Impact of Section 504
Section 504 has had a profound impact on the lives of individuals with disabilities and on American society as a whole. Key outcomes include:
- Educational Opportunities: Section 504 has ensured that students with disabilities have access to educational opportunities and accommodations, leading to more inclusive schools and universities.
- Accessibility: The law has prompted public and private entities that receive federal funding to make their programs and facilities accessible to individuals with disabilities.
- Foundation for Future Legislation: Section 504 set the stage for subsequent disability rights laws, including the Americans with Disabilities Act (ADA), by establishing the principle that discrimination based on disability is illegal.
ADA is 34 years old
Celebrating the 34th Anniversary of the Americans with Disabilities Act
On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law, marking a historic milestone for disability rights. The ADA has been instrumental in prohibiting discrimination against the disabled in all areas of public life, including jobs, schools, transportation, and public and private places open to the general public.
The journey to the ADA's signing was fueled by the relentless efforts of dedicated disability rights activists. One pivotal moment in this movement was the televised and widely viewed Capitol Crawl on March 12, 1990. Hundreds of disability rights activists gathered in Washington, D.C., to urge Congress to pass the ADA. As part of the protest, dozens of individuals with disabilities left their wheelchairs and crawled up the 83 stone steps of the U.S. Capitol building, dramatically demonstrating the barriers they faced in everyday life. Among them was an 8-year-old girl named Jennifer Keelan, whose participation powerfully symbolized the need for change. Her determination and courage, along with that of others, highlighted the urgent need for comprehensive legislation to protect the rights of people with disabilities.
Key figures in the disability rights movement played crucial roles in advocating for the ADA. The late Judith Heumann (we miss you Judy), a lifelong advocate for the rights of people with disabilities, was instrumental in the fight for the ADA. Her leadership and tireless advocacy helped bring disability rights to the forefront of national consciousness. Ed Roberts, known as the father of the independent living movement, also significantly influenced the disability rights movement, emphasizing the importance of self-determination and community-based support. There were countless others whose contributions were vital in making the ADA a reality, reflecting a broad and united effort toward equality and inclusion.
The ADA consists of five titles, each addressing different aspects of public life:
- Title I – Employment: Prohibits discrimination against individuals with disabilities in employment and requires employers to provide reasonable accommodations.
- Title II – Public Services: Ensures that people with disabilities have equal access to public services, programs, and activities, including public transportation.
- Title III – Public Accommodations: Prohibits discrimination in public accommodations such as restaurants, hotels, and stores, and requires accessible facilities.
- Title IV – Telecommunications: Mandates accessible telecommunications services, including relay services for individuals with hearing and speech impairments.
- Title V – Miscellaneous Provisions: Contains various provisions, including protections against retaliation and coercion, and guidelines for the implementation of the ADA.
It's humbling that laws like the ADA enable disabled individuals like me to avail of opportunities such as getting into college or even embarking on a PhD journey. Such a thing would have been unimaginable earlier. The ADA's passage represents the collective effort and resilience of countless individuals who fought for equality and accessibility. As we commemorate the 34th anniversary of the ADA, we honor the legacy of those activists and reaffirm our commitment to advancing the rights and inclusion of people with disabilities.
Related Posts: [Disability Legislation], [Disability Rights], [Disability History] [Autism Cares], [ADA], [Capitol Crawl] [Olmstead Act], [Section 504],
Celebrating 25 Years of the Olmstead Decision
Celebrating 25 Years of the Olmstead v. L.C Decision
Today marks the 25th anniversary of the landmark 1999 Olmstead v. L.C. case, a pivotal moment that ignited the de-segregation and de-institutionalization of people with disabilities. This case paved the way for community-based supports and services, transforming the lives of countless individuals.
Two years ago, I had the honor of participating in a White House panel discussion commemorating the Olmstead Act's anniversary. The significance of the Olmstead Act cannot be overstated. Just a few decades ago, individuals with significant disabilities, including "higher-support" autistics, were often placed in institutions, hidden away from society.
Back then, families were still advised to send their autistic children away before they became too attached. Many "higher-support" autistics, unable to advocate for themselves, were at the mercy of "well-meaning" professionals who claimed institutionalization was best.
As a child, I didn't fully grasp what institutions were, my only reference being brief scenes from the movie Rain Man. It wasn't until college, during my Disability Studies courses with Professor Victor Pineda, that I truly understood the horrors of institutionalization. On the first day of class, we watched the documentary Lives Worth Living, which highlighted the disability rights movement. One of the most shocking segments featured Willowbrook, an institution in New York where children with disabilities lived in appalling conditions. The doctors at Willowbrook were so alarmed that they invited reporter Geraldo Rivera to expose the situation, shocking the world.
I used to think my low-expectation special education classrooms were degrading enough, but the thought of living in such inhumane institutions is truly chilling. The 2020 documentary Crip Camp mentions a camper from Willowbrook who would overeat to the point of sickness because he never got enough food there.
This history underscores the profound significance of the Olmstead Act for people like me. While we have made significant strides in disability rights, there is still much work to be done. I am deeply grateful to the disability rights icons who have paved the way, making it possible for many of us to enjoy the freedoms we often take for granted.
Though challenges remain, we continue to move forward, inspired by the resilience and determination of those who fought for our rights. Here's to 25 years of progress and many more to come.
Related posts: #Disability_History, #Disability_Legislation #Disability_Rights, #Olmstead_Act #Policy_Law
Disability Rights
A quote from my chapter in the anthology below
Anthology available at: https://www.peasepress.com/product-page/essential-truths-the-bay-area-in-color
Even after being told to stop
Quote from my chapter in the Anthology Below.
"Survival of the Kindest - Truths from a Zoom Reality"
How Reasonable are Reasonable Accommodations at Work
Autistic employees with greater or more complex accommodation needs may be viewed as burdensome and resource-intensive, leading to exclusion from hiring, promotions, or even being the first to be laid off.
Changing of the Guard
DREDF Executive Director Susan Henderson to Retire in 2024
We will miss you Susan Henderson. Thank you for being at DREDF for 26 years (WOW!!) and steering the ship. I've enjoyed getting to know you as a member of DREDF's board. Disability Rights Education and Defense Fund (DREDF) is now on the hunt for a new Executive Director. https://dredf.org/2024/01/02/dredf-executive-director-search-profile/
Autism Cares Act
The Autism Cares Act is in the process of re-authorization in the halls of congress for a while now. Happy to report that my Time Magazine article "Who Autism Research Leaves Out" has been used in its the re-negotiations discussion
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Understanding the Autism CARES Act
The Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act is a significant piece of legislation aimed at addressing the needs of Autistics & their families.
The Autism CARES Act was first enacted as the Combating Autism Act in 2006, and it has been reauthorized and expanded in subsequent years. The original Combating Autism Act focused on increasing research, awareness, and early detection of autism. It was reauthorized as the Autism CARES Act in 2014, and then again in 2019, to ensure continued support and enhancements in these areas.
Key Provisions of the Autism CARES Act
The Autism CARES Act is designed to improve the quality of life for autistics through a comprehensive approach that includes research, services, and support. The main provisions of the Act include:
Research: The Act provides funding for the National Institutes of Health (NIH) to conduct and support research on autism. This includes studies on the causes, diagnosis, early detection, prevention, and treatment of autism.
Awareness and Education: The Act supports initiatives to increase public awareness about autism, including early signs and intervention strategies. It also funds education and training programs for healthcare professionals.
Services and Support: The Act provides grants to states and organizations to improve services for individuals with autism and their families. This includes support for early intervention, healthcare, and social services.
Federal Coordination: The Act mandates the continuation of the Interagency Autism Coordinating Committee (IACC), which is responsible for coordinating all federal efforts related to autism research and services.
Lifespan Perspective: The reauthorization of the Act in 2019 placed a greater emphasis on the needs of individuals with autism across their lifespan, including transitions from school to employment and independent living.
Interesting Historical Context
The Autism CARES Act builds on the foundation laid by the Combating Autism Act of 2006. The original Act was a response to the growing prevalence of autism diagnoses and the need for coordinated federal action. The reauthorizations in 2014 and 2019 reflect a continued commitment to addressing the evolving needs of the autism community, with a focus on research, early intervention, and support across the lifespan.
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The Capitol Crawl
Wheelchairs and mobility aids were cast aside, not in surrender, but in a powerful symbol of defiance against a society that had overlooked the rights and dignity of persons with disabilities for far too long. Crawling up the monumental steps of Capitol Hill, these extraordinary individuals weren't just making a physical journey; they were forging a path towards societal inclusivity, equality, and respect.
ADA 33
"It is hard for younger generations to imagine a world without the ADA, but before it existed, if you were disabled, stores could turn you away and employers could refuse to hire you. Transit was largely inaccessible. America simply was not built for all Americans, but courageous activists pushed to change that. In 1973, the Congress passed the landmark Rehabilitation Act, banning discrimination by any federally funded entity. Then, 17 years later, a bipartisan group of legislators persevered in passing the ADA, banning discrimination against people with disabilities in most areas of public life, from the workplace and public schools to public transit and telecommunications.
The ADA has had a profound impact, but we still have much more work to do...."
Disability in Strength
A new mural titled “Disability is Strength, at Oakland Airport honors visionaries who helped
build the movement for disability rights and independence, and present a vision for a future of full inclusion, rights and justice.The mural features disability rights pioneers Ed Roberts, Judith Heumann and Brad Lomax.
Judy Heumann, one of the great and recently deceased disability rights early advocates once said, "Independent Living isn't doing everything by yourself – it's being in control of how things are done."
Disability Rights Movement
The disability rights movement (DRM) refers to a social and political movement advocating for equal rights, inclusion, and improved quality of life for people with disabilities. The movement seeks to challenge and eliminate discrimination, stigmatization, and barriers that prevent disabled folks from fully participating in society.
DRM emerged in the late 1960s and gained significant momentum in the 1970s and 1980s. One of the key milestones was the passage of the Rehabilitation Act of 1973 in the United States, which prohibited discrimination on the basis of disability in programs receiving federal funding. This was followed by the Americans with Disabilities Act (ADA) in 1990, which further strengthened protections and rights for individuals with disabilities in various aspects of life, including employment, transportation, public accommodations, and telecommunications.
DRM focuses on promoting the principles of accessibility, independence, self-determination, and inclusion. It advocates for reasonable accommodations, accessibility in the built environment, educational opportunities, employment opportunities, healthcare access, and overall social acceptance and support for people with disabilities.
DRM has made significant advancements in raising awareness, changing societal attitudes, and implementing legal protections for people with disabilities. However, there are still ongoing challenges and areas for improvement to ensure full inclusion and equal opportunities across all aspects of life.
DRM emerged in the late 1960s and gained significant momentum in the 1970s and 1980s. One of the key milestones was the passage of the Rehabilitation Act of 1973 in the United States, which prohibited discrimination on the basis of disability in programs receiving federal funding. This was followed by the Americans with Disabilities Act (ADA) in 1990, which further strengthened protections and rights for individuals with disabilities in various aspects of life, including employment, transportation, public accommodations, and telecommunications.
DRM focuses on promoting the principles of accessibility, independence, self-determination, and inclusion. It advocates for reasonable accommodations, accessibility in the built environment, educational opportunities, employment opportunities, healthcare access, and overall social acceptance and support for people with disabilities.
DRM has made significant advancements in raising awareness, changing societal attitudes, and implementing legal protections for people with disabilities. However, there are still ongoing challenges and areas for improvement to ensure full inclusion and equal opportunities across all aspects of life.
Dear Colleague
https://www.justice.gov/crt/case-document/dear-colleague-letter-online-accessibility-postsecondary-institutions
On May 19, 2023, the Justice Department and the Department of Education jointly issued a Dear Colleague Letter reminding colleges, universities, and other postsecondary institutions to ensure that their online services, programs, and activities are accessible to people with disabilities.
Letter at chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.justice.gov/crt/case-document/file/1584491/download
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