<p>Disability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded in a social model paradigm of disability which was a materialist critique of how capitalism constructs disability. To enhance the analysis discourse analysis was employed to illustrate how language, ideology and power sustained the notion of disability in capitalist society. A comparative analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. And the development of South African disability law it was argued would benefit if a legal construction of disability was crafted to deal with the obstacles that disabled people encounter in the work-place.</p>

<p>Disability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded in a social model paradigm of disability which was a materialist critique of how capitalism constructs disability. To enhance the analysis discourse analysis was employed to illustrate how language, ideology and power sustained the notion of disability in capitalist society. A comparative analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. And the development of South African disability law it was argued would benefit if a legal construction of disability was crafted to deal with the obstacles that disabled people encounter in the work-place.</p>

Magister Legum - LLM / Disability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded in a social model paradigm of disability which was a materialist critique of how capitalism constructs disability. To enhance the analysis discourse analysis was employed to illustrate how language, ideology and power sustained the notion of disability in capitalist society. A comparative analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. And the development of South African disability law it was argued would benefit if a legal construction of disability was crafted to deal with the obstacles that disabled people encounter in the work-place. / South Africa

This study aimed to explore how non-governmental organisations (NGOs) in Sri Lanka define and interpret an independent life for women with physical disabilities (WWPD) in their services. Semi-structured interviews were conducted with five employees at five Sri Lankan NGOs. The material was then analysed using two theoretical models, the social and medical model on disability. The study results showed that the selected NGOs in Sri Lanka in the majority defined an independent life as difficult to achieve due to societal barriers. However, one local NGO defined WWPD as not independent due to the individual's impairment. Further results showed that NGOs in Sri Lanka provide individual, employment, education and advocacy/lobbying services to help WWPD achieve independence. Services based on the social model focus more on helping WWPD achieve independence than services based on the medical model. Nevertheless, medical model services are needed in combination with social model services for WWPD to achieve independence. International and national NGOs work with social model services more than local organisations. Further, services connect since several services are needed to achieve independence.

The intent of this work is to explore how children, youth, and adults with disabilities are discriminated against in cultural systems, specifically the education system, and how the beliefs and structures encompassed in these systems create and recreate the phenomena of ableism. This study will explore the hegemony of ableism within school cultures by exposing prevailing discourses and the systems that enforce these discriminatory discourses and educational practices. Additionally, it will illustrate significant human rights infractions and discriminatory processes that keep disabled peoples throughout the world in states of marginalization and oppression. The analysis of this study shows resistance to the oppression of people with disabilities through the use of critical disability theory, legal theory, and social justice philosophy. In addition, the advancement of inclusive education as a human right is offered as a solution to the collective oppression and states of disenfranchisement that many disabled peoples experience. The exploration of moral and legal theory, equality jurisprudence, and libratory pedagogy will advance a collective human rights framework as an educational model for school cultures globally. This analysis will utilize an equality premise known as the right to belong to defend inclusive education as a fundamental human right. In support of this fundamental right, a theoretical base for inclusive pedagogies reveals how the deconstruction of hegemonic practices and, simultaneously, the development of transformative educational models of learning are necessary best practices in the pursuit of equality for all disabled students. This work concludes with recommendations for changes in educational leadership, philosophy, and research of education for disabled students.

The intent of this work is to explore how children, youth, and adults with disabilities are discriminated against in cultural systems, specifically the education system, and how the beliefs and structures encompassed in these systems create and recreate the phenomena of ableism. This study will explore the hegemony of ableism within school cultures by exposing prevailing discourses and the systems that enforce these discriminatory discourses and educational practices. Additionally, it will illustrate significant human rights infractions and discriminatory processes that keep disabled peoples throughout the world in states of marginalization and oppression. The analysis of this study shows resistance to the oppression of people with disabilities through the use of critical disability theory, legal theory, and social justice philosophy. In addition, the advancement of inclusive education as a human right is offered as a solution to the collective oppression and states of disenfranchisement that many disabled peoples experience. The exploration of moral and legal theory, equality jurisprudence, and libratory pedagogy will advance a collective human rights framework as an educational model for school cultures globally. This analysis will utilize an equality premise known as the right to belong to defend inclusive education as a fundamental human right. In support of this fundamental right, a theoretical base for inclusive pedagogies reveals how the deconstruction of hegemonic practices and, simultaneously, the development of transformative educational models of learning are necessary best practices in the pursuit of equality for all disabled students. This work concludes with recommendations for changes in educational leadership, philosophy, and research of education for disabled students.

AFRIKAANS: Hierdie proefskrif ondersoek die ontplooiing van die reg rakende persone met gestremdhede in die rigting van ʼn toenemend inklusiewe en geintegreerde regsorde wat die beskerming en bevordering van die regte van persone met gestremdhede op gelyke grondslag met alle ander persone bewerkstellig. Gestremdheid word aan die hand van twee uiteenlopende modelle beoordeel en hanteer. Die twee modelle - die mediese en die sosiale model van gestremdheid - verteenwoordig uiteenlopende opvattinge oor gestremdheid wat in duidelik onderskeibare regsbenaderings neerslag vind. Oor die onlangse dekades het die sosiale model beduidend veld teen die mediese model gewen. Dit het veral neerslag gevind in die internasionale reg, soos dit die afgelope dekades onder die aanvoering van die Verenigde Nasies in omvattende standaardisering en universalisering van menseregte ontwikkel het. Hierdie ontwikkelings word breedvoerig ondersoek. Die groeiende aanklank van die sosiale model ten koste van die mediese model is eweneens merkbaar in twee ander jurisdiksiegebiede, naamlik Europa – binne die konteks van sowel die Europese Raad as die Europese Unie - en die Verenigde State van Amerika. By albei weerspieel die ontplooiing van die positiewe reg ʼn verandering in die beskouing oor die regshantering van persone met gestremdhede. Daarvolgens word gestremdheid toenemend volgens ʼn sosiale model as ʼn vorm van diversiteit eerder as uitsluitlik in terme van ʼn mediese model as afwykend of abnormaal verstaan. Gestremdheid vereis ʼn besondere regsbedeling ten einde daadwerklike gelyke beregtiging vir persone met gestremdhede te verseker eerder as (net) mediese ingryping in ʼn “afwykende toestand” of ʼn “siektetoestand.” Die veranderde regsbedeling oor gestremdheid word deurlopend deur die prisma van die twee modelle beskryf en beoordeel. Na die uitklaar van die betekenis van die modelle aan die begin van die studie volg ʼn historiese oorsig wat die konteks vorm waarbinne die regsontwikkeling rondom gestemdheidsreg sedert die Tweede Wereldoorlog op internasionale terrein (onder die aanvoering van die Verenigde Nasies), in Europa, die VSA en in Suid-Afrika bespreek word. Die studie sluit af met gevolgtrekkings waarin die klem op ʼn beoordeling van die verandering van die reg rakende gestremdheid in die lig van modelle wat in die eerste hoofstuk toegelig is, val. ENGLISH: The thesis investigates a change in perception and the resulting altered juridical management of persons with disabilities towards a more inclusive and integrated public legal order. Such a change positions the protection and promotion of the rights and interests of persons with disabilities on an equal footing with that of other persons. Disability is dealt with and evaluated in relation to two opposing models. The two models of disability – the medical and the social – represent two different perceptions about disability that are laid down in clearly-distinguishable approaches in law. Over the recent decades the social model has gained considerable ground over the medical model. It has found particular favour in international law, as developed over the past decades in the comprehensive standardisation and universalising of human rights under the leadership of the United Nations. These developments are scrutinised thoroughly. The increasing acceptance of the social model to the detriment of the medical model is apparent in two other areas of jurisdiction, namely, Europe – within the context of the European Council and the European Union – and the United States of America. In both these the development of positive law reflects a change in view regarding the way disability is dealt with by the law. Disability is increasingly understood according to a social model as a form of diversity rather than exclusively in accordance with a medical model. Disability requires a unique legal dispensation in order to ensure genuine equal adjudication for persons with disabilities rather than a (mere) medical intervention as a “deviant state” or an “illness”. The changing legal dispensation regarding disability is continuously described and evaluated through the prism of the two models. After an exposition of the models at the beginning of the study a brief historical overview follows, constituting the context within which legal development since the Second World War in the international arena (by way of the activities of the United Nations), in Europe, the USA and South Africa, is discussed. The study ends with conclusions which emphasise an evaluation of the changes in disability law in light of the models that were expounded in the first chapter. / Thesis (LLD)--University of Pretoria, 2010. / Public Law / unrestricted

<p>A literature review covering both the social construct model and medical model of disability followed by an argument of the importance of leisure and social activities, especially the arts, for people with disabilities. Concluding quantitative and qualitative research through focus groups and surveys, the project ends with a guide to implementing accessibility and inclusion efforts when planning online arts events.</p>

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This PhD Thesis has been immersed in investigating the holistic experience of way-finding in buildings by people who have a range of visual ability. Previous research studies, spanning across a broad spectrum of disciplines, have focused on various characteristics of human way-finding (Arthur and Passini, 1992;Lynch, 1960;Downs and Stea, 1973). It is specifically recognised that the built environment is failing people with visual loss (Barker et al., 1995) and the strategic task and skill of way-finding within a building is a particular problem (Arthur and Passini, 1992). Under the social model of disability (Oliver, 1990) this is recognised as a form of architectural disablement (Goldsmith, 1997). There are few evidence-based studies of way-finding in a building. Furthermore, there are no studies of real-life experiences of way-finding undertaken by real-life participants who have a range of visual ability within the context of a real-life building. This leads to a research question: What are the design issues revealed by participants who have a range of visual ability as they way-find in a large public building? This doctoral research, based within the discipline of architecture, focuses on the holistic experiential components of a Journey (Myerson, 2001;Harper and Green, 2000). It coins and defines the term Way-finding Hot-spot as it explores the events [positive and negative] which are experienced and therefore impact on a Way-finding Journey around a building. To fill an important gap in the current knowledge a research enquiry, based on a user-centred design approach, was implemented. Exploratory in nature, the methodology was inductive and it evolved throughout the study. A series of Research Principles, borrowed from the established methodologies of Grounded Theory (Glaser, 1968) and Case Study (Yin, 2003a;Yin, 2003b), guided this study. Ten participants [with varying degrees of visual ability, different ages and other forms of disability] undertook a Way-finding Scenario designed to evaluate both existing memories of way-finding and present way-finding experience. This was composed of a Purposeful Conversation (Burgess, 1982) and a context specific Way-finding Task. The study has produced a large amount of data based on user experience in a real-world way-finding context – this has not been done before. Participant data contributed to a new Theory of Way-finding – The Experiential Charting of a Way-finding Journey – which derived from experiential data, was found to be composed of three elements: Journey Stages, Tasks Components and Communication Requirements. This thesis presents detailed findings which generate dialogue in the design of way-finding systems suitable for a diverse range of way-finders. It provides a research-based foundation to open the problem area and provide an insight into the issues people with different visual abilities encounter as they undertake a Way-finding Journey around a building. It generates a greater understanding of the problems and joys of way-finding in a building which will be of use in professional practice across disciplines of architecture and design as well as in areas of rehabilitation, policy-making and academia. This research is a start, but it is not the end. Future research questions have been revealed and these, combined with further reviews of literature and creative use of method, will further explore the phenomenon of way-finding within the context of buildings.