Disability Human Rights

Abstract

This chapter examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It shows that Martha Nnssbaum's capabilities approach provides an especially fertile space within which to understand the content of human rights. The chapter describes the social model of disability in contrast to the medical model, and discusses its growing influence on the formation of international instruments as well as its limitations in overall human rights discourse. It explains the paradigm by integrating Nussbaum's version of the capabilities approach with the social model of disability and the human right to development. The chapter considers United Nations instruments pertaining to disability, and the efforts underway to pass a convention on behalf of disabled persons. It concludes with a few thoughts on the potential consequences of viewing disability as universal to rather than abnormal from the human condition.

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