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Full-Text Articles in Disability Law
Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers
Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers
Utah Law Faculty Scholarship
The meaning of “disability” has shifted with changes in public policy. Half a century ago, Congress was convinced that narrow determinations of disability are easy for physicians to make. But with the advent of universal civil rights protection against disability discrimination in the US, deciding whether particular individuals are disabled became increasingly contentious, until Congress intervened. What should now be addressed in each case is not whether the functionally compromised person is severely disabled enough to exercise a right, but whether mitigating interventions and reasonable accommodations can together achieve equitable access for that person.
Reproductive Rights And Access To Reproductive Services For Women With Disabilities, Anita Silvers, Leslie Francis, Brittany Badesch
Reproductive Rights And Access To Reproductive Services For Women With Disabilities, Anita Silvers, Leslie Francis, Brittany Badesch
Utah Law Faculty Scholarship
Are women with disabilities owed equitable access to reproductive health services, including family planning, contraception, screening for sexually transmitted infections, maternal health services, and fertility services? Or are there circumstances in which disability is a reason to deny access to such services? Conversely, should women with certain disabilities have access to procedures such as caesarean section or sterilization? May these procedures be recommended just because a woman has a disability or imposed on her if she appears reluctant or unable to consent?