Disability, Rights and Law Reform in Australia

1. Auflage 2017
ISBN: 978-1-76002-160-3
Verlag: Federation Press

Buch, Englisch, 162 Seiten, Format (B × H): 156 mm x 234 mm

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) has the potential to bring about profound changes to Australia’s legal, political and social systems, affording human rights that have been historically denied to people with disability. This special issue provides a timely forum for critical analysis and reflection on the impact on Australian law of advancements in international human rights law related to disability in the decade since the CRPD entered into force. The articles consider the implementation of supported decision-making in the context of guardianship and administration laws and unfitness to stand trial laws, the criminal justice response to young people with Foetal Alcohol Spectrum Disorder, the approach taken by disability discrimination laws to students with challenging behaviours, and possibilities for reimagining communication rights informed by the lived experience of disability.

Autoren/Hrsg.

Steele, Linda

Gooding, Piers

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht
• Rechtswissenschaften Arbeitsrecht Antidiskriminierung (AGG), Gleichbehandlung

Inhaltsverzeichnis

Introduction to Disability, Rights and Law Reform in Australia: Pushing Beyond Legal Futures

Fleur Beaupert, Linda Steele and Piers Gooding

Confronting Words: Driving a New Legal Lexicon of Disability

Rosalind F Croucher

Towards Supported Decision-Making: Article 12 of the Convention on the Rights of Persons with Disabilities and Guardianship Law Reform

Bruce Alston

Supported Decision-Making in Australia: Meeting the Challenge of Moving from Capacity to Capacity-Building?

Terry Carney

Supporting Accused Persons with Cognitive Disabilities to Participate in Criminal Proceedings in Australia: Avoiding the Pitfalls of Unfitness to Stand Trial Laws

Piers Gooding et al.

Indigenous Young People with Foetal Alcohol Spectrum Disorders: The Convention on the Rights of Persons with Disabilities and Reform to Australian Laws Governing Fitness to Stand Trial in Western Australia

Rhianna Chisholm, Tamara Tulich and Harry Blagg

Should We Take the ‘Disability’ Out of Discrimination Laws? Students with Challenging Behaviour and the Definition of Disability

Karen O’Connell

Communication Rights, Disability, and Law: The Convention on the Rights of Persons with Disabilities in National Perspective

Gerard Goggin

Über Autor(innen)

Fleur Beaupert is an independent researcher with a background in law and arts. She has lectured for the law faculties at La Trobe University, Western Sydney University and the University of Sydney.

Linda Steele is a senior lecturer in law at University of Technology Sydney.

Piers Gooding is a Postdoctoral Research Fellow at the Melbourne Social Equity Institute and the Melbourne Law School, University of Melbourne.