Book contents
- Discrimination, Copyright and EqualityOpening the E-Book for the Print-Disabled
- Cambridge Disability Law and Policy Series
- Discrimination, Copyright and Equality
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Introduction
- 1 How Technology Has Created the Possibility of Opening the Book: From Hard Copy to E-Books
- 2 Access to Information Communication Technologies, Universal Design and the New Disability Human Rights Paradigm Introduced by the Convention on the Rights of Persons with Disabilities
- 3 The Weakening of the Exception Paradigm: The World Intellectual Property Organization Changes Path with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
- 4 The Role of Copyright Laws in Restricting Access to Information and Contributing to the Book Famine
- 5 Exceptions to Rights-Holders’ Exclusivity Provides Limited Relief from the Disabling Impact of Copyright
- 6 Anti-Discrimination Laws Help Protect Persons with Disabilities against Digital Disablement, but Who Qualifies for Protection?
- 7 Causing Digital Disablement Is Not a Trigger for Regulation by Anti-Discrimination Laws: Ignoring Capacity in Favour of Prescribed Relationships
- 8 The Prohibition against Discrimination: Regulating for Equality through Retrofitting Inaccessible Systems
- 9 Introducing Positive Duties in Promoting Equality Outcomes for Persons with Disabilities: The United Kingdom Public Sector Equality Duty Reducing Digital Disablement
- 10 The Right to Digital Equality in Action: Protections under the Canadian Charter of Human Rights and Freedoms and Human Rights Acts
- 11 United States Regulatory Interventions Targeting Disability-Inclusive Digital Environments
- 12 The Enforcement of Legal Duties: Protecting Copyright or Promoting Reading Equality?
- Closing Thoughts and New Options to Reduce Digital Disablement
- Appendix: List of Anti-Discrimination and Civil Rights Laws and Tribunals/Commissions Impacting on Disability in the Federal and State/Province Jurisdictions in Australia, Canada, the United Kingdom and the United States
- Index
6 - Anti-Discrimination Laws Help Protect Persons with Disabilities against Digital Disablement, but Who Qualifies for Protection?
Published online by Cambridge University Press: 01 June 2017
Book contents
- Discrimination, Copyright and EqualityOpening the E-Book for the Print-Disabled
- Cambridge Disability Law and Policy Series
- Discrimination, Copyright and Equality
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Introduction
- 1 How Technology Has Created the Possibility of Opening the Book: From Hard Copy to E-Books
- 2 Access to Information Communication Technologies, Universal Design and the New Disability Human Rights Paradigm Introduced by the Convention on the Rights of Persons with Disabilities
- 3 The Weakening of the Exception Paradigm: The World Intellectual Property Organization Changes Path with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
- 4 The Role of Copyright Laws in Restricting Access to Information and Contributing to the Book Famine
- 5 Exceptions to Rights-Holders’ Exclusivity Provides Limited Relief from the Disabling Impact of Copyright
- 6 Anti-Discrimination Laws Help Protect Persons with Disabilities against Digital Disablement, but Who Qualifies for Protection?
- 7 Causing Digital Disablement Is Not a Trigger for Regulation by Anti-Discrimination Laws: Ignoring Capacity in Favour of Prescribed Relationships
- 8 The Prohibition against Discrimination: Regulating for Equality through Retrofitting Inaccessible Systems
- 9 Introducing Positive Duties in Promoting Equality Outcomes for Persons with Disabilities: The United Kingdom Public Sector Equality Duty Reducing Digital Disablement
- 10 The Right to Digital Equality in Action: Protections under the Canadian Charter of Human Rights and Freedoms and Human Rights Acts
- 11 United States Regulatory Interventions Targeting Disability-Inclusive Digital Environments
- 12 The Enforcement of Legal Duties: Protecting Copyright or Promoting Reading Equality?
- Closing Thoughts and New Options to Reduce Digital Disablement
- Appendix: List of Anti-Discrimination and Civil Rights Laws and Tribunals/Commissions Impacting on Disability in the Federal and State/Province Jurisdictions in Australia, Canada, the United Kingdom and the United States
- Index
Summary
This chapter will start by introducing the anti-discrimination regimes in Australia, Canada, the United Kingdom and the United States. This first part will illustrate that anti-discrimination laws were introduced as remedial statutes and were intended to be read widely. Secondly, this chapter will consider the theoretical challenges associated with drawing the line between temporary able bodied and disabled. This analysis will highlight the contested and complicated terrain which is the line between the able bodied and disabled. Finally, this chapter will analyse how international and domestic laws draw the line between temporary able bodiness and disability. The CRPD and anti-discrimination laws adopt different negotiated understandings of what it means to be disabled. This part will compare and contrast the definition of disability in the CRPD with those in domestic anti-discrimination statutes in Australia, Canada, the United Kingdom and the United States. The significant variations in extending protection illustrate the difficulty in how laws define disability. The critique in this chapter will highlight the complications and risks in distinguishing between able and disabled.
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- Discrimination, Copyright and EqualityOpening the e-Book for the Print-Disabled, pp. 153 - 178Publisher: Cambridge University PressPrint publication year: 2017