The intent of this Project is to develop a Coherent Framework for the Law as it Affects Persons with Disabilities. This Project will not focus on reform of any one specific issue; rather, its purpose is to develop a principled analytical framework for this area of the law that can be used as a tool for shaping new legislation that affect persons with disabilities or reforming current law. Current laws, policies and programs may be used as examples in developing and illustrating the framework.

This Project is similar to another LCO project looking at the Law as it Affects Older Adults and there are clearly areas of overlap between the two projects.

The LCO recognizes that there are many persons with disabilities or persons who work on or behalf of persons with disabilities who have considerable expertise to contribute to this Project. In order to ensure that the LCO fully considers the practical and theoretical implications that this Project raises, we are in the process of establishing an Advisory Group.

Professor Roxanne Mykitiuk carried out research on this Project during her term as OHLS LCO School Scholar in Residence from January to June 2009, and continues to serve as a special advisor on this Project.

Themes

There are several themes that the LCO is interested in exploring in the Project, including:

• ableism and hidden stereotypes within the law or in the implementation of the law;
• diversity within the disability community and the implications this has for developing a coherent framework;
• overlaps, inconsistencies and gaps in laws that affect persons with disabilities;
• the issues related to eligibility criteria and the role of gatekeepers in making determinations about who is entitled to access programs and services;
• whether persons with disabilities can effectively access supports necessary to ensure full participation in society; and
• whether laws affecting the rights of persons with disabilities are effectively implemented and whether enforcement mechanisms are accessible and effective.

Principles

Based on initial research and consultations, the LCO has adopted the following six principles for this project, on a preliminary basis:

1. Respect for the dignity and worth of persons with disabilities,
2. Autonomy and independence,
3. Inclusion and participation, and accommodation,
4. Equality and non-discrimination,
5. Recognition that humans vary infinitely along a spectrum of abilities and that society must accommodate these variances into its mainstream, and
6. Respect for the diversity among persons with disabilities and in the experience of particular disabilities.

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Research Page

The LCO has commissioned several research papers for this Project. Students working for the LCO have also prepared papers relating to this Project.

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Consultation Page

The LCO is engaging in extensive consultations with persons with disabilities and representatives of advocacy, government and service organizations that work with or on behalf of persons with disabilities in relation to this Project.