User:Celinewherritt/Disability rights movement

Disability Rights in the United States

Lead Section

Disability rights is complex because there are multiple ways in which a person with a disability can have their rights violated. It is a form of discrimination in which others fail to address a person with a disability's needs. More specifically, in the 21st century a noteworthy barrier for employment is an employers’ unwillingness or inability to provide the necessary accommodations (Raskin & Hodges-Aeberhard 14). When having a discussion about the needs of persons with disabilities, it is important to include the extent to which they can be active participants in a solution. Current systems exist that involve third party involvement, such as mental rehabilitation and legal advocacy, but few of these methods include empowering this group to be self-sufficient.

Historical Section

Franklin Delano Roosevelt was the United States President from 1933-1945, and he led the country during the Great Depression through public service projects and employment opportunities. Despite serving as President in a wheelchair, he refused to ever be publicized in a position of vulnerability. While campaigning, giving speeches, or acting as a public figure, he hid his disability, which perpetuated the ideology that “disability equates to weakness” (Fleischer & Zames, 4). At this point, disability in the United States was a personal issue, and not many political or governmental organizations existed to support these groups. In the 1950s, there was a transition to volunteerism and parent-oriented organizations, such as the March of Dimes. While this was the beginning of activism and seeking support for these groups, children with disabilities were largely hidden by their parents out of fear of forced rehabilitation (Fleischer & Zames, 9). When the Civil Rights Movement took off in the 1960s, disability advocates joined in order to promote equal treatment and challenge stereotypes or generalizations.

It was not until 1990 when the American Disabilities Act was passed, legally prohibiting discrimination on account of disability, and mandating disability access in all buildings and public areas. Today, disability rights advocates continue protecting those who are discriminated against, and also work towards more niche issues like law enforcement and treatment of people with disabilities. On a global scale, the United Nations has established the Convention on Rights of Persons with Disabilities (CRPD), specifically discussing indigenous people with disabilities and diversity of identity (Lockwood 146).

Debates/Approaches Section

An ongoing debate today is the concept of affirmative action versus equitable treatment for people with disabilities. According to a 1992 polling organization, many concerns with integrating people with disabilities into the workplace is that it may affect their company image, or it may result in decreased productivity (International Labour Organization, 23). This coincides with the 1992 parliamentary review of the Employment Equity Act, which stated that employers should look to implement equity without having an official quota system (International Labour Organization, 25).

Furthermore, an additional debate is the concept of institutionalization. In 1963 during John F. Kennedy’s presidency, he transformed the national view of mental health by boosting funding for community-based programs and drafting legislation for mental health care. He created new recommendations for individual states to treat the current mentally ill, as well prescribed prevention measures in order to revert away from “custodial institutions” (Presidential Library and Museum). While this created a paradigmatic shift in perspective of people with intellectual disabilities, some politicians are opposed to increased funding towards mental institutionalization. According to the US Supreme Court case Humphrey v. Cady, civil commitment laws and eligibility for intervention exist only in the instance where the person is ruled an immediate danger to themself or others (SAMHSA, 8). Due to this ambiguous phrasing, it has become difficult to prove this “immediate” danger and for the patients to be hospitalized; as a result, persons with disabilities become imprisoned. According to the National Alliance on Mental Illness, about 15% of men and 30% of women have some kind of serious mental illness, which is oftentimes due to lacking the resources and outreach they need (NAMI). There is now a debate over institutionalization versus public organizations.

Another ongoing debate in the scope of disabilities is the pathway to self-determination. Article 1 of the United Nations Charter asserts that "All peoples have the right to self-determination" with free will (Freeman 355). Because this highlights the concept of free and autonomous choice, one debate is that any government interference would deter one's path to self-determination. As a result, it is debated that is it us to charities and nonprofit organizations to voluntarily assist persons with disabilities for the resources they need. Charitable organizations such as Christian or Catholic dominations believe in helping persons with disabilities with nothing in return. On the other hand, another approach is a participatory, symbiotic relationship, which will be detailed more in the Group Activism section.

Legal Section

Experts such as Albert Hergenroeder identify the inequity for people with disabilities is deeply rooted in the health care sector. This article uses research capabilities to identify facts like “60% of children with special needs are not receiving the health care transition they need” (Hergenroeder & Wiemann 20). This work parallels the national database that TASH makes public, as it uses its research to identify laws and public policy that will provide adequate resources for people with special needs. It uses this data to draft its only prescribed medical plan, creating a 6-step plan that paves a way for children to fully transition to proper care between 3-12 months (Hergenroeder & Wiemann 22). On the other hand, a scholarship repository addressed rights for individuals with disabilities from a more legal perspective. The American Disability Act is historically significant in that it defined the meaning of reasonable accommodation in order to protect employees and employers (Befort & Donesky 8). This addresses the power aspect of poverty, as this law worked to empower individuals with disabilities. Lobbying and political activism granted people rights that prevent them from being fired without valid reason, or providing proper resources for an equitable workspace.

Group Activism Section

TASH is a disability rights advocacy nonprofit located in Washington, DC, United States of America. According to their official website, their mission statement is “TASH works to advance inclusive communities through advocacy, research, professional development, policy, and information and resources for parents, families and self-advocates.” This organization takes action in multiple forms, including holding national awareness events, publicly endorsing and monitoring certain laws, creating a strong online presence, and conducting formal and informal research. TASH endorses certain laws that will enact more public funding for better resources for individuals with disabilities. More money circulated towards individuals with disabilities would mean affording them certain aids like mentorship, activities to build a tight-knit community, and medicine.

TASH’s mission regarding institutionalization is to build inclusive communities through resource provisions and professional development. This approach of active inclusion resembles an academic article. More specifically, one approach is to allow persons with disabilities to self-articulate their needs and generate their own solutions and analyses (Balcazar & Keys 3). Instead of passive participation, which Duraiappah defines as participation by being told what to do or what has been done, this approach proposes to allow this group to be self-sufficient and make their own decisions. Barriers to this include defining who is a self-sufficient individual with a disability. TASH focuses more on intellectual and physical disabilities, such as employees advocates with disabilities and ensuring accommodations for those who need it.