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Justice for people with Disabilities - Legal and Institutional Responses

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The values underlying the delivery of services to people with disabilities have changed so that such people are now to be treated as full citizens with concomitant rights. This book deals with the nature of the change and its legal and institutional ramifications.

Tom Bellamy and Lynne Davis discuss the values which now govern the relationship between people with disabilities and society. What do we mean by 'citizenship' and 'disability'? What are the implications of the federal government's emphasis upon caring by family members and upon contracts for delivery of services? Can the market resolve all problems of access to social resources?

New values being established, what laws will support and reflect those values? Changes in values and laws require complementary changes in the institutions - families, government departments, etc. - which realise them. How to effect change in the public service? In the voluntary sector? What of disability advocacy? Or institutional culture? Or crime prevention and patterns of offending? What of the move from segregation to community?

The contributors to this book provide a blueprint for meaningful reform.


Legal Responses

  • The braid of progress: people with disabilities and modern societies - GT Bellamy
  • Rights replacing needs: a new resolution of the distributive dilemma for people with disabilities in Australia? - L Davis
  • Affirmative action, reasonable accommodation and capitalism: irreconcilable differences? - R Colker
  • The limitations on the use of law to promote rights: an assessment of the Disability Discrimination Act 1992 (Cth) - M Jones and LA Basser Marks
  • Australian Law Reform Commission review of the Disability Services Act 1986 (Cth) - AD Rose
  • The legal implications of including students with disabilities in regular schools - C Forlin and P Forlin

Institutional Responses

  • Moving towards accessibility for people with disabilities - R Barson
  • Voluntary-sector associations as part of the problem or part of the solution - WP Hanley
  • Disability advocacy: too much talk and not enough action - R Banks and R Kayess
  • Ethics and rights in the move from segregation to community - R Nicholls
  • Institutional culture and people with intellectual disabilities: experiences of an inquirer
  • DG Stewart
  • Consideration of crime prevention as part of institutional reform - M Hauritz
  • Patterns of offending amongst people with intellectual disabilities - OJ Webb
  • References/ Index

Author Bio:

Charles Stampford

After gaining a double first in politics and philosophy and the Supreme Court Prize in Law from Melbourne University, Charles Sampford won a Commonwealth Scholarship to Oxford to pursue his studies in legal philosophy being awarded a DPhil in 1984. He returned to Melbourne University to teach law before being a secondment to the Philosophy Department in 1990 to help establish the Centre for Philosophy and Public Issues. In 1991 he was invited to come to Queensland as Foundation Dean of Law at Griffith University. This is widely regarded as the most innovative and most successful of Australia's new law schools. In 1999, he was appointed Foundation Director of the Key Centre for Ethics, Law, Justice and Governance (one of only 14 such nationally funded centres across all disciplines and all disciplines). In 2004, he became Director of the Institute for Ethics, Governance and Law, a joint initiative of the United Nations University and Griffith.

Justice for people with Disabilities - Legal and Institutional Responses

Author: Marge Hauritz, Charles Sampfor

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