The Mental Capacity Act 2005, and the domestic law surrounding it, is currently in a state of instability, having undergone rigorous scrutiny by the House of Lords Select Committee. At an international level, the United Nations Convention on the Rights of Persons with Disabilities 2006 has cast substantial doubt over the very basis of this legal framework. The recommendations made by the Select Committee, and any resulting action by the government to address these, will be hoped to have an impact on the implementation of the legislation on those falling within its remit. On a deeper level, however, this thesis seeks to critically engage with the theoretical underpinnings which inform and guide this legislative framework. This entails a questioning of the ways in which those with disabilities and their carers are responded to under the statute. Exploring the theoretical debates in this context leads to a conclusion that the Act promulgates an individualistic approach to the concept of mental capacity, and does not adequately reflect the reality and lived experiences of those deemed to lack capacity or their informal carers. The papers in this thesis interrogate these issues through a focus on three distinct areas- carers interests under the best interests test; the Deprivation of Liberty Safeguards though a social model lens; and capacity to consent to sex. In doing so, this thesis suggests that more relationally and contextually focused approaches can inform a legal framework which is attentive and responsive to the interwoven interests of those with cognitive impairments and their carers, and which facilitates the enjoyment of rights through a focus on the societal, structural and institutional barriers which have historically worked to exclude these individuals.

While there has been research regarding the effectiveness of teaching strategies to teach science to students with learning disabilities (LD), the viewpoints and experiences of students with learning disabilities using narratives have not received the same attention. This study was conducted to explore the beliefs and feelings of students with learning disabilities about their science learning experiences during their high school years. Vygotsky’s theory on Social Constructivism was used to examine the interaction of cognitive processes such as perceptions and attributions; behavioral features such as social skills and communication difficulties; and, environmental factors such as teaching techniques and peer interactions. These factors are interacting determinants of learning and classroom participation. Due to the social nature of schooling and disability, the social model of disability approach was considered the most efficient way to address this issue of learning of science with learning disabilities. Eight undergraduate students with LD were interviewed about their experiences of learning science in mainstream science classrooms. Four themes emerged after thematic analysis of the narrative interview data: a) understanding of learning disability; b) finding resources and strategies for learning science with LD; c) overcoming difficulties in learning science with technology; d) learner autonomy and science learning experiences with LD. The salient feature of these themes showed that the participants had an adequate understanding of their LDs, and the difficulties they faced in learning of science subjects due to their learning disabilities. The stigmatizing experiences of low achievement in science subjects and the initial reaction of some teachers triggered sad and angry feelings, and all the students longed to be more pushed to their higher potential in science learning. Participants then sought help from More Knowledgeable Others (MKO), they used assistive technology and developed their own strategies to overcome difficulties they were facing in learning science. The difficulties in learning of science subjects indicated by the participants have consequences; these difficulties may result in student’s reduced motivation in learning, disengagement from school, leaving school prematurely, and may cause depression in students who drop out of school. These possible consequences and the dissatisfaction expressed by the participants in this study implicate a need to continually assess students with LDs knowledge of, perceptions of, and experiences with their science learning, both in research and actual practice. In turn, this greater consideration of participant’s viewpoints may have a positive influence on the success of high school science education programs and the social-emotional development of students with LD.

Abstract: The aim of this thesis is to try to contribute to the research about adults with autism spectrum disorder (ASD) in public libraries. The two research questions this study attempts to answer are: How do the public libraries in a Swedish city work to increase accessibility for adults on the autism spectrum? And, what possibilities are there for the public libraries to help adults on the spectrum be more socially included and increase accessibility (as defined by the social model of disability) to create a more socially sustainable library? The study has two different research methods, because the lack of previous research necessitated a basic quantitative survey to start with. The survey was distributed to public libraries in a Swedish city. The results of the survey showed, with a few exceptions, that the respondents do not work for adults with ASD. In addition to the survey, a qualitative comparative analysis of international projects was made to examine different ways of working towards the group. The projects were analysed to examine ways to work towards the group, based on an understanding of barriers based on the social model of disability. The analysis showed that projects often contained an informational course on ASD and that a social network was an important component for further skills development. It is problematic, from a social sustainability perspective, when a group in society is excluded from the mind set of societal institutions. Adults with ASD are by law a prioritized group for the Swedish libraries and the work towards accessibility should reflect that.

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

No description available.

Staff who work in front line, direct contact support positions with community based clients with acquired brain injuries (ABI) hold unique responsibilities, and face unique challenges in their work due to the combination of three key factors: autonomous work environments, socially sanctioned power status over clients, and the decision making deficits of clients with ABI. These factors further contribute challenges to staff in the presently complex and ambiguous outreach context, where the embedded ideologies of the medical model of treatment remain in tension with the purported ideologies of the social model of disability and client self determination that drive outreach services. Using constructivist grounded theory methods and narrative and interpretive analysis strategies, this research interviewed fifteen (15) ABI outreach support workers to explore and examine their perceptions of the outreach context, how they negotiate decision spaces, and how they deal with the central ethical dilemma of outreach - achieving balance between their duty of care and the client's dignity of risk. The thesis documents decision making strategies used by the interview participants, examines the factors that influence their decision space when in the field with clients, and explores the role staff awareness of professional and personal values plays in making decisions in the best of interest of the client. Staff awareness is shown to be a critical, yet oft neglected factor in consideration of staff ethical decision making in ABI outreach. Implications for best practices in the field are discussed. / PhD Doctorate

Informed by the disciplines of disability studies and interpretive sociology, and using the social model of disability and the collective identity model, this dissertation pursues an investigation of underemployment. Underemployment, conceptualized as the underutilized skills and knowledge of the employed and unemployed, occurs at higher levels amongst disabled persons than among non-disabled people (Canada, 2009). Semi-structured interviews with 14 underemployed disabled people conducted, to investigate the experiences of disabled persons who worked in the fields of education, computer, healthcare, fitness, environment, travel, social work, government and non-government agencies. In addition, Canadian social policies were analyzed to address the research questions: 1) How do disabled workers understand and address experiences of underemployment? 2) How do organizations and social policies account for underemployment amongst disabled persons? 3) How can practices which acknowledge and enhance collective identity be used to address underemployment and advance the disability movement? 4) How can underemployment amongst disabled persons be addressed at the organizational level? The texts of these narratives and Canadian social policies were analyzed using a critical interpretative textual analysis approach. The analysis demonstrates the depths of the negative consequences of high levels of underemployment resulting from structural, environmental and attitudinal barriers. Such consequences include lack of opportunities for recognition, compensation, promotion, accommodations, and career fulfillment, as well as poor mental, physical, emotional and social health. This research study is unique as it reveals the struggles that disabled persons experienced in work contexts, their narratives of resistance, and their recommendations for socio-political change to build more inclusive work environments

Informed by the disciplines of disability studies and interpretive sociology, and using the social model of disability and the collective identity model, this dissertation pursues an investigation of underemployment. Underemployment, conceptualized as the underutilized skills and knowledge of the employed and unemployed, occurs at higher levels amongst disabled persons than among non-disabled people (Canada, 2009). Semi-structured interviews with 14 underemployed disabled people conducted, to investigate the experiences of disabled persons who worked in the fields of education, computer, healthcare, fitness, environment, travel, social work, government and non-government agencies. In addition, Canadian social policies were analyzed to address the research questions: 1) How do disabled workers understand and address experiences of underemployment? 2) How do organizations and social policies account for underemployment amongst disabled persons? 3) How can practices which acknowledge and enhance collective identity be used to address underemployment and advance the disability movement? 4) How can underemployment amongst disabled persons be addressed at the organizational level? The texts of these narratives and Canadian social policies were analyzed using a critical interpretative textual analysis approach. The analysis demonstrates the depths of the negative consequences of high levels of underemployment resulting from structural, environmental and attitudinal barriers. Such consequences include lack of opportunities for recognition, compensation, promotion, accommodations, and career fulfillment, as well as poor mental, physical, emotional and social health. This research study is unique as it reveals the struggles that disabled persons experienced in work contexts, their narratives of resistance, and their recommendations for socio-political change to build more inclusive work environments