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Articles 1 - 4 of 4
Full-Text Articles in Disability Law
Entangling Liberty And Equality: Critical Disability Studies, Law And Resisting Psychiatric Detention, Tess Sheldon
Entangling Liberty And Equality: Critical Disability Studies, Law And Resisting Psychiatric Detention, Tess Sheldon
Dalhousie Law Journal
The Charter claims of persons with disabilities often sit precariously between sections 7 and 15. Psychiatric detention, including that pursuant to provincial mental health legislation, restricts liberty and security of the person based on the enumerated ground of disability. This project imagines opportunities to challenge state interventions that are linked to prohibited grounds of discrimination. It is inspired by Justice L’Heureux-Dubé’s “interpretive lens of equality” that understands that all Charter rights “strengthen and support each other.” The equality principle should wield significant influence on the interpretation of the protections offered by section 7. Such an approach to sections 7 and …
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
The Form And Substance Of Ethics: Prenatal Diagnosis In The Baird Report, Rachel Ariss
Dalhousie Law Journal
This article analyses the employment of textual tactics in the Final Report of the Royal Commission on New Reproductive Technologies. The author argues that the Commission uses these tactics to persuade several different audiences that its stance is correct, and simultaneously to manage dissent over new reproductive technologies. Analysis of textual tactics opens the ethical position of the Commission to substantive questioning. The authorfocuses on the Commission's discussion of prenatal diagnosis for genetic anomalies and concludes that the Commission fails to engage with ethical arguments put forward by persons with disabilities and their advocates. The conclusion also encourages the development …
Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff
Reproductive Technology And Disability: Searching For The "Rights" And Wrongs In Explanation, Judith Mosoff
Dalhousie Law Journal
Several years ago I worked as a lawyer representing psychiatric patients on the grounds of a large medieval-looking turn-of-the-century mental hospital in British Columbia. Soon after starting my new job I met Ann, a woman who shortly after her admission as an involuntary patient had informed her treatment team that she was pregnant. She had always wanted to have a baby. When she told her doctor about her pregnancy, he decided that this idea was part of her delusional system and prescribed anti-psychotic drugs to control her pathology. In fact she was pregnant and the medication given during the first …
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier
Dalhousie Law Journal
The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.