|Disability Law and Policy - LAWS8056|
Since the International Year of Disabled Persons in 1981, there has been a transformation of laws concerning persons with disability from a care and control framework to a rights-based framework. This has resulted in significant legislative reforms in Australia at both state and federal level. In 2006, the Australian government signed the UN Convention on the Rights of Persons with Disabilities. This course examines these developments and critically evaluates the social construction of disability and the ensuing policies and practices that frame the context within which the legal system operates. The theoretical context and reforms will be assessed through case studies such as access to justice, legal capacity, immigration, discrimination law, employment and access to services. Finally, the role of law and law reform in facilitating change for people with disabilities will be considered. This course is taught intensively.
Recommended Prior Knowledge
Upon completing this course, it is expected that students will have:
Social Perspective of Disability
This part of the course will explore the way in which prevailing social theories have influenced ideas and informed disability legislation, policy and the context within which the legal system operates.
Rights of People with Disabilities
Establishing rights for people with disabilities has involved a shift in thinking away from a welfare approach to a human rights perspective that embraces the notion of people with disabilities as rights bearers. This is examined at various levels - including international human rights law; Australian federal law; and State law.
This will include a discussion of current legal debates, case law and law reform as it pertains to areas such as legal capacity, access to justice, education, immigration, employment and access to services.
Class Participation – 20%
Briefing note – 20%
Research paper – 60%
Some materials will be included in the course reader from UNSW Bookshop but the majority of resources are online materials as detailed in the course outline.
Refer to the Course Outline provided by the lecturer prior to the start of the relevant semester.