(In) equality, (ab) normality, and the Americans With Disabilities Act.
The 1990 Americans with Disabilities Act enacted a conceptual shift in the meaning of 'disability.' Rather than defining 'disability' as a disadvantageous physical or mental deficit of persons, it codifies the understanding of 'disability' as a defective state of society which disadvantages these persons. In contrast, the standard medical model incorrectly conceptualizes disabled persons as biologically inferior, and thus confines them to the role of recipients of benevolence or care. Turning to an ethic of caring yields counter-intuitive results that conflict with the conceptual apparatus of the ADA. It is argued that in order to liberate social marginalized to being socially enabled, one must re-conceptualize current practice by adopting the ADA's conceptual framework.
Silvers
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Department of Philosophy, San Francisco State University, CA, USA.
D026686:Beneficence; D006233:Persons with Disabilities / Q000331:legislation & jurisprudence*; D028663:Ethical Theory; D004992:Ethics, Medical; D035082:Federal Government; D033161:Government Regulation; D006262:Health; D006291:Health Policy / Q000331:legislation & jurisprudence; D006801:Humans; D009014:Morals; D009922:Oregon; D026684:Personal Autonomy; D019057:Quality-Adjusted Life Years; D040841:Resource Allocation; D012935:Social Justice; D035862:Vulnerable Populations