|Disability, Rights & the Law - JURD7311|
Since the International Year of Disabled Persons in 1981, there has been a gradual, but still incomplete, transformation of laws concerning persons with disability from a framework of care and control to a rights-based framework. This has resulted in the enactment of the Disability Discrimination Act 1992 (Cth) and in a number of legislative reforms at State level including the Guardianship Act 1987 (NSW) and amendments to the Anti-Discrimination Act 1977 (NSW). In March 2006 the Australian government became a signatory to the United Nations Convention on the Rights of Persons with Disabilities. In order to understand these developments, this course examines the legal framework in the light of the historical treatment of people with disability, and critically evaluates the social construction of disability and the ensuing policies and practices. The theoretical context and legislative responses will then be tested by an examination of a number of case studies. These include case studies on medical treatment, employment, guardianship and treatment in the criminal justice system. Finally, the role of law and social policy in facilitating change for people with disabilities will be considered.
Recommended Prior Knowledge
Upon completing this course, it is expected that students will have:
Class participation (10%)
Briefing note (15%)
Oral evidence exercise (15%)