Objectives
Over 1 billion people, or 15% of the world鈥檚 population, live with a disability. Persons with disabilities face physical, social, economic, and attitudinal hurdles that prevent them from participating as equal members of society and often keep them from accessing education, employment, social and legal support systems.
The disability movement has advanced considerably, particularly with the international community鈥檚 adoption of the United Nations听Convention on the Rights of Persons with Disabilities () as the first international human rights treaty on disability.
Despite its passage, however, important issues, ignorance, as well as major legal and policy challenges, remain. They stand as barriers to advancing full equality and the fundamental human rights of people with disabilities around the world.听
The seminar series
To explore some of the advances, challenges, and questions, the CHRLP presente a seminar series in 2013-2014 on selected issues of human rights and disability law. The series built on the themes explored in the CHRLP鈥檚 previous series on 鈥淒isability, Human Rights and the Law.鈥� We offered this series to continue to engage in one of the most compelling human rights issues of our day, consistent with the Faculty of Law鈥檚 tradition of analysis, scholarship and promotion of human rights and social justice.
The events followed the format of a teaching seminar and required resources were circulated ahead of time.
Support for this seminar series was generously provided by the Rathlyn Foundation, and the Aisenstadt Community Justice Initiatives.
The four seminars in this cycle were (click to jump down to each):
- October 2, 2013 - Human Rights and Inclusive Development: Integrating the Disability Perspective
- November 6, 2013 - Mental Health Disabilities and Access to Justice: Recognizing and Reinforcing Capacity
- January 27, 2014 - Proactive Approaches to Inclusion: Legislative and Policy Developments
- March 18, 2014 - Disability, Dignity and End-of-Life Care
Fall semester
Human Rights and Inclusive Development: Integrating the Disability Perspective
October 2, 2013 鈥� 12:30 - 2:00 鈥� Chancellor Day Hall, Stephen Scott Seminar Room (room 16)
RSVP to听chrlp.law [at] mcgill.ca听by September 27
The inclusion and empowerment of persons with disabilities is critical to advancing the development agenda. In light of the United Nations鈥� efforts to create a disability-inclusive post-2015 development agenda at the upcoming High Level Meeting on Disability and Development, this seminar will provide a forum for discussion of international strategies for achieving equality for persons with disabilities by implementing a disability perspective in development processes. The Convention on the Rights of Persons with Disabilities (CRPD), which is both a human rights treaty and a development tool, provides an opportunity to strengthen developmental policies related to the implementation of internationally-agreed development goals. The seminar will allow participants to reflect on programs and interventions that may begin to remove the barriers and increase accessibility in developmental efforts.听This seminar is accredited for 1.5 hours of continuing legal education by the Quebec Bar (activity no. 10075381).
Update: download a summary of the seminar [.pdf]
Reading resources:
1) The听Way Forward: a Disability Inclusive Development Agenda Towards 2015 and Beyond听(United Nations High-Level Meeting of the General Assembly on Disability and听Development)
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2) 鈥淒isability听and the Millennium Development Goals: A Review of the MDG Process and听Strategies for Inclusion of Disability Issues in Millennium Development Goal听Efforts鈥�
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3) 鈥淭he听United Nations Convention on the Rights of Persons with Disabilities and its听Implications for the Equality Rights of Canadians with Disabilities,鈥� by Ravi听Malhotra and Robin F.听Hansen
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4) This Ability: An International Legal听Analysis of Disability Discrimination, by Anne-Marie Mooney Cotter (see Chapter听5)
Mental Health Disabilities and Access to Justice: Recognizing and Reinforcing Capacity
November 6, 2013 鈥� 12:30 - 2:00 鈥揅hancellor Day Hall, Stephen Scott Seminar Room (room 16)
RSVP to听chrlp.law [at] mcgill.ca听by November 1
This seminar will explore Canadian and U.S. perspectives on the intersection of disability, mental health and access to justice. Recent decades have witnessed an evolution in the understanding between life circumstances, mental health and involvement with the law, and yet people with mental illnesses face significant obstacles in protecting their basic civil rights.听 They also remain highly over-represented in the criminal justice system. The CRPD has contributed to the debate around mental illness and access to justice. In particular, the recognition of the legal capacity of persons with disabilities 鈥渙n an equal basis with others鈥� has important implications in relation to both criminal responsibility and civil rights. This seminar will allow for a discussion of the legal and non-legal issues and challenges that exist at the nexus of mental disability, human rights, and access to justice.听This seminar is accredited for 1.5 hours of continuing legal education by the Quebec Bar (activity no. 10075399).
Moderator: Derek J. Jones (CHRLP & Research Group on Health and Law)
Resource听Persons:听Robert Dinerstein听(Professor, American University Washington College of Law), Emily听Hazlett (Law听Student Intern, Disability Rights International)
Update: download a Summary of the seminar [.pdf]
Suggested Reading and Video Resources
1) Milan S媒kora v. Czech Republic, European Court of Human Rights (see especially paras 100-13)
2) Dinerstein, Robert, "Implementing Legal Capacity Under Article 12 of the UN Convention on the Rights of Persons with Disabilities: The Difficult Road From Guardianship to Supported Decision-Making"
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3) United Kingdom House of Lords, Select Committee on the 2005 Mental Capacity Act, Autumn 2013 Hearings (see especially minutes 12h00-12h20)
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4) Australia, Victoria Office of Public Advocate, "Supported Decision-Making: Background and Discussion Paper" (see especially section 6.1)
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Additional Resources
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1) Nidus (British Columbia) Personal Planning Resource Centre Representation Agreements
2) Ontario Law Commission, Legal Capacity, Decision-Making and Guardianship Project
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3) UK, Social Care in Excellence Teaching Videos on Mental Capacity and the Mental Capacity Act of 2005 (see especially "Social Care TV: Raymond's Money")
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4) In the matter of Dameris L, Surrogate Court of New York, December 2012
5) Mental Disability Advocacy Centre, "Legal Capacity in Europe: A Call to Action to Governments and to the EU"
Winter semester
Proactive Approaches to Inclusion: Legislative and Policy Developments
January 27, 2014 鈥� 12:30 - 2:00 鈥� New Chancellor Day Hall, room 202
RSVP to听chrlp.law [at] mcgill.ca听by January 24
PLEASE NOTE THE ROOM HAS CHANGED.
Domestic legislation and policy remains one of the most effective means of听protecting the rights of persons with disabilities and听facilitating social change. The passage of the Americans with Disabilities Act in 1990 was a watershed in its guarantee of equal opportunity and non-discrimination in education, employment, health, and access to justice for persons with disabilities. The legislation inspired other jurisdictions to draft their own disability rights laws, such as the Ontarians with Disabilities Act in 2001 and the Accessibility for Ontarians with Disabilities Act in 2005, and served as an example for the drafting of the CRPD. This event will provide an opportunity for students, professors, and educators to discuss proactive approaches to implementing ongoing legal and policy developments in the areas of disability and human rights. This seminar is accredited for 1.5 hours of continuing legal education by the Quebec Bar (activity no.10075992).
Update: download a Summary of the seminar [.pdf]听
Moderator: Colleen听Sheppard (Professor & Director, Centre for Human Rights and Legal Pluralism, 91丝瓜视频, Faculty of Law)
Resource Persons:
听(Professor,听Syracuse University College of Law);
(Chair, Accessibility for Ontarians with Disabilities Alliance, AODA)
Aur茅lie听LeBrun (Researcher, Quebec Human Rights and Youth Rights Commission).
Suggested Readings
1) Beer, Charles, 鈥溾�� [.pdf]
2)听 , Ontario Human Rights Tribunal (2007)
3)听 Commission des droits de la personne et les droits de la jeunesse du Qu茅bec, 鈥淎wareness Project: Towards Universal Access to Goods and Services in Pharmacies and Supermarkets 鈥� 鈥� [.pdf]
鈥淧rojet de sensibilisation: vers un acc猫s universel aux biens et services des pharmacies et des 茅tablissements d鈥檃limentation" et [.pdfs].
4)听Kanter, Arlene S., 鈥�The Promise and Challenge of the UN Convention on the Rights of Persons with Disabilities鈥� 34 Syracuse J. Int鈥檒 L. & Com. (2007) [.pdf]
5)听 Prince, Michael J., 鈥�What about a Disability Rights Act for Canada?鈥� Canadian Public Policy vol. 36, no. 2 (2010) [.pdf]
Additional Resources
1)听 ones, Sarah, 鈥�Walk this Way: Do Public Sidewalks Qualify as Services, Programs or Activities under Title II of the Americans With Disabilities Act?鈥� 听79 Fordham L. Rev. 2259 (2010) [.pdf]
2)听 Hill, Eve and Peter Blanck, 鈥�The Future of Disability Rights Advocacy and the 鈥楻ight to Live in the World鈥欌�澨�15 Tex. J. on C.L. & C.R. 1 (2010) [.pdf]
3)听 Benfer, Emily, 鈥�The ADA Amendments Act: An Overview of Recent Changes to the Americans with Disabilities Act鈥� American Constitution Society for Law and Policy [.pdf]
4)听 Council of Canadians with Disabilities, 听鈥溾�� (2011)听
5)听 United Nations Convention on the Rights of Persons With Disabilities
6)听 Americans With Disabilities Act
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7)听 Ontarians with Disabilities Act, 2001
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8) Accessibility for Ontarians with Disabilities Act, 2005
9) Office des personnes handicap茅es du Qu茅bec
10) Action Kit for Raising Disability Accessibility Issues in Two February 13, 2014 Ontario By-Elections [.doc]
Disability, Dignity and End-of-Life Care
March 18, 2014 鈥� 12:30 - 2:00 鈥� Chancellor Day Hall, Stephen Scott Seminar Room (room 16)
RSVP to听chrlp.law [at] mcgill.ca听by March 14
PLEASE NOTE THE DATE HAS CHANGED.
Over the last decades, a number of jurisdictions have turned to the law to guide decision- making or address contested human rights issues of persons disabled by illness or injury near the end of life. 听In the last two years, developments in Canada have re-ignited public debate on end-of-life care and dying with dignity. Quebec has proposed end-of-life legislation. A British Columbia Court has found the Canadian Criminal Code ban on assisted suicide violates the Canadian Charter, but the decision has been overturned and is pending before the Canadian Supreme Court.听 The seminar will allow participants to identify key issues and exchange ideas on the difficult questions inherent in end-of-life care, human dignity and respect for the rights of persons with disabilities. This seminar is accredited for 1.5 hours of continuing legal education by the Quebec Bar (activity no. 10075984).
Update: download a Summary of the seminar [.pdf]
Moderator:听
Professor Colleen Sheppard, Director, Centre for Human Rights and Legal Pluralism, 91丝瓜视频
Panelists:
Dr. Justine Farley, MD, Palliative Care Team St. Mary鈥檚 Hospital, Montreal
Me Joseph Arvay, QC, Farris Law, Vancouver, British Columbia
Me Derek Jones, 91丝瓜视频 Research Group on Health and Law, Centre for Human Rights and Legal Pluralism, 91丝瓜视频
Commentator:听
Dr Jonas-S茅bastien Beaudry, Boulton Research and Teaching Fellow, Faculty of Law, 91丝瓜视频
Recommended readings
1) Swetz, K.M., Kamal, A.H. "In the Clinic - Palliative care" Ann Intern Med. 7 Feb. 2012. [.pdf]
2), reversing 听
3) Council of Canadians with Disabilities (CCAC) and the Canadian Association of Community Living, Factum in Carter v Canada, before the BC Court of Appeal (Dec 2012)听[.docx]
4) CCAC, "," (2013).
5) Quebec, (June 2013) (with link to amendments)听 )
6) Bill 52 factums:
7)听 Conf茅d茅ration des organismes de personnes handicap茅es du Qu茅bec (COPHAN): .
8) COPHAN, Mourir dans la dignit茅: une question qui d茅passe le suicide assist茅 et l'euthanasie (Ao没t 2010) [.pdf]
9) COPHAN, 鈥� 2013 [.pdf]
10) European Court of Human Rights, (2013) [.pdf]
11) Malcolm, A.H. "."听 New York Times, 11 Jun 1986.
12) Malpas, P.J. "Advanced directives and older people: ethical challenges in the promotion of advance directives in New Zealand." J Med Ethics 2011:37; 5: 285-89 [.pdf]
13) McCormack & Flechais R 鈥�The role of psychiatrists and mental disorder in assisted dying practices around the world: a review of the legislation and official reports.鈥� Psychosomatics, 2012;53: 319鈥�26. [.pdf]
14) , e.g., Arts. 5, 7, 10, 25, on health, equality, life, security of the person.
For more information
The Seminar Series is hosted by the Centre for Human Rights and Legal Pluralism (CHRLP) and the 91丝瓜视频 Law Students Human Rights Working Group (Disability and the Law Portfolio), and supported by the Aisenstadt Community Justice Initiatives and a generous grant from the Rathlyn Fund for Disability Rights.
The accessible entrances to Chancellor Day Hall are as follows:
- Law Library entrance at 3660 Peel Street
- Outside door to the Law cafeteria in the basement (south of Chancellor Day Hall, in front of Dr Penfield)
- Level 7听of the McIntyre indoor parking complex
There are ramps for wheelchair access and the elevators are located at either end of New Chancellor Day Hall.
If you have further questions, contact Nicholas Caivano at nicholas.caivano [at] mail.mcgill.ca or Juan Sebasti谩n Rodr铆guez Alarc贸n at juan.rodriguezalarcon [at] mail.mcgill.ca.
