This course examines the legal framework in the light of the historical treatment of people with disability, and critically evaluates the social construction of disability and the ensuing policies and practices. The theoretical context and legislative responses will then be tested by an examination of a number of case studies. These include case studies on medical treatment, employment, guardianship and treatment in the criminal justice system. Finally, the role of law and social policy in facilitating change for people with disability will be considered.
Main Topics
- Disability as a Social Construct
This part of the course will explore the way in which prevailing social theories have influenced ideas and informed policy about disability.
- Rights of People with Disability
Establishing rights for people with disability has involved a shift in thinking away from a welfare to a human rights perspective. The notion of rights of people with disability is examined at various levels - including international human rights law; Australian federal law; and State law.
- Case Studies on Law and Disability
This will include a discussion of topics such as the right to accessibility; bodily integrity; sexuality and sexual relationships; privacy; due process rights (in the criminal justice system); voting rights; education; housing; social security; employment; health/medical treatment.
- Implementing Rights
This will consider the effectiveness of existing mechanisms which attempt to translate rights into law, social policy and practice.
