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How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.
Increasingly, students with intellectual disabilities (ID) in the United States are overcoming historical barriers to accessing traditionally exclusionary higher education. These gains undoubtedly represent a hard-fought victory for the broader disability rights movement. However, this advance has not come through enforcing the civil rights and non-discrimination statutes that generated disability rights victories in other areas or the disability-specific education laws that promoted access to primary and secondary schooling. Instead, many students with ID are accessing higher education opportunities through specialised programmes, often styled as ‘inclusive’ despite their segregated nature. Such programmes present new arenas for familiar forms of disability-based discrimination to once more manifest — such as suspect admissions criteria, second-class status and biased disciplinary procedures. Thus, despite the proliferation of inclusive post-secondary programmes, there remains an urgent social need to address barriers to full and effective participation in higher education that students with ID continue to face when navigating university and college campuses.
Long perceived as sexually aberrant, persons with disabilities have made headway in recent years breaking down societal and attitudinal barriers that exclude many from leading sexually active lives. This progress has been uneven, often depending on a person’s type of disability. For example, evolving societal attitudes support the equal right of persons with physical disabilities to sexual intimacy, even if the means by which to fulfill this right (e.g., accessible social clubs) remain elusive. By contrast, persons with intellectual disabilities seeking volitional sex still face multitudinous attitudinal barriers.
The troika of chapters in this Part demonstrates, in dissimilar contexts and in varied ways, the deleterious effects of clumsily applying, misconstruing, or violating disability-based civil rights laws. Underlying and uniting the three chapters is the impact of misunderstanding disability as an identity category and a subject of normative social justice. Stated more in line with the book’s theme and its Introduction, these contributions highlight some of the real-world manifestations of viewing disability as deficit rather than as difference.
Protecting patients with disabilities against discrimination in the provision of healthcare, especially violations of their civil or human rights, requires an understanding of the common biases that undermine equal treatment in clinical, diagnostic, and therapeutic contexts. Nevertheless, this topic is rarely acknowledged in legal or social scientific studies of bias in healthcare decision-making. Consequently, prejudices against persons with disabilities – “ableism” – in these settings remain prevalent and unaddressed.
Historically and across societies people with disabilities have been stigmatized and excluded from social opportunities on a variety of culturally specific grounds. In this collection, the authors explore the impact that the philosophical framing of disability can have on public policy questions, in the clinic, in the courtroom, and elsewhere. They examine the implications of this understanding for legal and policy approaches to disability, strategies for allocating and accessing health care, the implementation of the Americans with Disabilities Act, health care rights, and other legal tools designed to address discrimination. This volume should be read by anyone seeking a balanced view of disability and an understanding of the connection between the framing of disability and policies that have a real-world impact on individuals.