Making rights a reality? : disability rights activists and legal mobilization / Lisa Vanhala.
2011
K1970 .V36 2011 (Map It)
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Items
Details
Author
Title
Making rights a reality? : disability rights activists and legal mobilization / Lisa Vanhala.
Published
Cambridge ; New York : Cambridge University Press, 2011.
Call Number
K1970 .V36 2011
ISBN
9781107000872 (hbk.)
1107000874 (hbk.)
1107000874 (hbk.)
Description
xviii, 293 pages ; 24 cm.
System Control No.
(OCoLC)663443362
Summary
"Making Rights a Reality? explores the way in which disability activists in the United Kingdom and Canada have transformed their aspirations into legal claims in their quest for equality. It unpacks shifting conceptualizations of the political identity of disability and the role of a rights discourse in these dynamics. In doing so, it delves into the diffusion of disability rights among grassroots organizations and the traditional disability charities. It then shows how the diffusion of this rights model of disability can explain how and why disability activists have deployed legal strategies in pursuit of their goals. The book draws on a wealth of primary sources including court records and campaign documents and encompassing interviews with more than sixty activists and legal experts. While showing that the disability rights movement has had a significant impact on equality jurisprudence in two countries, the book also demonstrates that the act of mobilizing rights can have consequences, both intended and unintended, for social movements themselves"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 273-281) and index.
Record Appears in
Table of Contents
List of Figure and Tables
xi
Acknowledgments
xiii
Abbreviations
xvii
1.
Introduction: Legal Mobilization and Accommodating Social Movements
1
Through the Courtroom Doors
1
Understanding Legal Opportunity: Balancing Structure and Agency
5
Accommodating Social Movements: Framing Processes and Collective Identity
24
Realizing Disability Rights in Court in Canada and the United Kingdom
36
2.
Rights and Political Identity in the Canadian Disability Movement
48
Introduction
48
The Emergence of a Disability Rights Consciousness
50
A Disability Rights Consciousness and the Charter of Rights and Freedoms (1982)
57
Disability Organizations and Strategic Litigation
62
Conclusions
105
3.
Disability Equality and Opportunity in the Supreme Court of Canada
108
Introduction
108
Formulating a Substantive Approach to Equality: Laying the Foundation
111
Disability Rights Cases Reach the Court: Eve and Rodriguez
117
The Promise and Pitfalls of Proactive Disability Rights Cases: Eaton and Eldridge
121
Latimer and Auton: Losing Control of the Agenda
130
Recapturing the Agenda: The Immigration Cases and VIA Rail
136
Conclusions
144
4.
Disability Organizations and the Diffusion of Rights in the United Kingdom
146
Introduction
146
The Emergence of a Disability Rights Consciousness
147
Organizations of Persons with Disabilities versus Organizations for Persons with Disabilities: The Social Model and Legal Mobilization
156
Disability Charities, the Diffusion of Meaning Frames, and Legal Action
162
The Unique Role of the Disability Rights Commission
186
Conclusions
199
5.
Framing Disability Equality in the UK Courts
203
Introduction
203
Human Rights and Disability Equality in British Law
204
Early Cases: Clarifying the Meaning of Disability and Discrimination
212
Disability and the European Court of Human Rights
224
Disability and Dignity
229
The Right to Life as a Right to Die?
232
The Right to Life as a Right to Treatment: Seizing and Reframing the Issue
235
Disability and the Politics of Caregiving in the European Court of Justice
240
Conclusions
244
6.
Conclusions: Litigation, Mobilization, and Social Movements
247
Introduction
247
The Courts, Disability, and Equality: A Cross-National Comparison
249
Disability Rights Organizations and Strategic Litigation
252
Explaining the Empirical Findings: The Limits of Existing Theoretical Approaches
256
Disability Rights, Legal Mobilization Theory, and Sociological-Institutionalism
261
Further Issues for Disability Studies, Law, and Policy
268
Bibliography
273
Index
283