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Keogh, Fox, and Flynn on a Vulnerabilities Approach to Disability Rights

By Lawrence Solum

Mary Keogh , Noelin Fox and Eilionóir Flynn (University College, Galway (UCG) , University College, Galway (UCG) and University College, Galway (UCG)) have posted How Far Towards Equality? A Vulnerabilities Approach to the Rights of Disabled People on SSRN. Here is the abstract:

This paper will explore the application of Fineman?s vulnerability thesis in the context of the barriers to participation experienced by disabled people. It will address three central issues:
1. The role of the State in promoting the substantive equality of disabled citizens
2. The potential of the vulnerability thesis in bridging the gap between positive and negative rights
3. A holistic approach to disability discrimination based on vulnerability theory
In particular, this paper will focus on the multi-faceted nature of discrimination and analyse Fineman?s guidance on how the State might redress this through investigating the systemic reasons for disadvantage and exclusion. It will also consider the effectiveness of providing legal remedies based on the vulnerabilities of individuals (assessed through environmental, social and cultural factors) rather than based on membership of a particular minority group.

Full post as published by Legal Theory Blog on July 06, 2010 (boomark / email).