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Full-Text Articles in Law
Fiscal Contract And The Canada Disability Benefit: Lessons From Income Tax Law, Jinyan Li
Fiscal Contract And The Canada Disability Benefit: Lessons From Income Tax Law, Jinyan Li
All Papers
This paper adopts a fiscal contract approach to examining the design of the Canada Disability Benefit and advocates using the CCB as a design model. It argues that a fiscal contract underlies the Income Tax Act which collects taxes as well as spends public money on poverty-reduction programs. In a tax state, the government’s spending is tied to taxing. The current fiscal contract reflects key Canadian values, such as equity and fairness, ability to pay, work, family and the rule of law. The CCB, which is implemented through the Income Tax Act, is a superior design model to the Guaranteed …
Reimagining Disability: The Screening Of Donor Gametes And Embryos In Ivf, Isabel Karpin, Roxanne Mykitiuk
Reimagining Disability: The Screening Of Donor Gametes And Embryos In Ivf, Isabel Karpin, Roxanne Mykitiuk
Articles & Book Chapters
In this article,we examine how disability is figured in the imaginaries that are given shape by the reproductive projects and parental desires facilitated by the bio-medical techniques and practices of assisted reproductive technologies (ARTs) that involve selection and screening for disability. We investigate how some users of ARTs understand and deploy these imaginaries in ways that are both concordant with and resistant to the understanding of disability embedded within the broader sociotechnical and social imaginaries. It is through users’ deliberations, choices, responses, and expectations that we come to understand how these imaginaries are perpetuated and resisted, and how maintaining them …
Accommodation In The Academy: Working With Episodic Disabilities And Living In Between, Roxanne Mykitiuk
Accommodation In The Academy: Working With Episodic Disabilities And Living In Between, Roxanne Mykitiuk
Articles & Book Chapters
This chapter steps away from the institutions of mental health facilities, the extended care home and the prison, to enter another institutional setting within which disability as a concept is constructed and materialises, but where, until recently, its lived experience has generally been excluded: the university. Unlike the institutional settings from which people with disabilities have conventionally wished to flee, the university is one into which many people, including those with disabilities, have sought entry. Historically, and even now, universities are regarded as elite institutions that restrict entry based on achievement and performance. As both an educational setting and a …
Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic, Eric Tucker
Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic, Eric Tucker
Articles & Book Chapters
In 2015, the last year for which we have complete Canadian data, workers' compensation boards recognized that 852 Canadian workers died from work-related injuries and diseases and 232,629 workers experienced disabling injuries requiring them to take time off work. About 13 percent of those injured will have permanent disabilities of varying severity. These figures significantly underestimate the true burden of work-related disability for at least three reasons. First, the percentage of the paid Canadian workforce covered by workers' compensation has been shrinking. In 2008, it was estimated to stand at about 80 percent, although coverage bounced back to about 85 …
Article 6 – Women With Disabilities, Roxanne Mykitiuk, Ena Chadha
Article 6 – Women With Disabilities, Roxanne Mykitiuk, Ena Chadha
Articles & Book Chapters
The Convention on the Rights of Persons with Disabilities (‘CRPD’ or ‘Convention’) is a milestone achievement for women and girls with disabilities, with its inclusion of a gender-sensitive approach and Article 6, which speaks directly to gender-disability discrimination. Prior to the CRPD, most international human rights instruments failed to address both disability and gender in their provisions. Many instruments were attuned to either gender to the exclusion of disability, or disability to the exclusion of gender. The recognition of the unique experiences of gender and disability-based discrimination animates the spirit behind several of the CPRD’s provisions and, specifically, the content …
From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay
From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay
Articles & Book Chapters
No abstract provided.
Malingerer Or Maligned: A Comparative Study Of Multiple Chemical Sensitivity Case Law, Odelia R. Bay
Malingerer Or Maligned: A Comparative Study Of Multiple Chemical Sensitivity Case Law, Odelia R. Bay
Osgoode Legal Studies Research Paper Series
People with invisible illnesses are challenged both by their impairments and the additional hurdles they face when it comes to being believed by others. This presents particular difficulties when seeking to convince those with the authority to make legal findings of discrimination or entitlement to accommodation. By focusing on the historically contested diagnosis of multiple chemical sensitivities (“MCS”), this paper examines the outer limits of how disability is defined and the legal rights given to people whose claims are viewed as suspect. Specifically, comparison is made between MCS employment cases in the United States and Canada.
In both jurisdictions, plaintiffs …
Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring, Roxanne Mykitiuk, Yvonne Peters
Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring, Roxanne Mykitiuk, Yvonne Peters
Articles & Book Chapters
This chapter surveys laws and policies in Canada that affect the rights of persons with disabilities. It does so as part of a broader project on international disability rights monitoring and is guided by DRPI's National Law and Policy Monitoring Template (2008). The template is based on the Convention on the Rights of Persons with Disabilities (CRPD) and other international instruments. The template's purpose is "to monitor human rights for people with disabilities at the systemic level, that is, at the level of existing laws, policies, and programs," and to "identify and draw attention to the most critical gaps and …
Let's Disable Her Further, Shall We? The Cast Of Gender On Disability Rights In The Iranian Context, Hengameh Saberi
Let's Disable Her Further, Shall We? The Cast Of Gender On Disability Rights In The Iranian Context, Hengameh Saberi
Articles & Book Chapters
No abstract provided.