Law-Making Within a Critical Disability Rights Framework

Abstract

The Convention on the Rights of Persons with Disabilities (CRPD) is a fundamental instrument for interpreting international human rights within a disability context, and an important tool for advancing disability rights agendas. Among states that have ratified the CRPD, it has had varying degrees of impact and influence in advancing and shaping legislative, regulatory and policy frameworks. This chapter explores foundational elements found within the CRPD, which, the authors argue, must guide and shape the review and development of legislation, regulations and policies by States Parties. The Chapter relies on illustrative examples from the Canadian context.

Appendix

1.1	It is important to note that Canada, and all its provinces and territories, including Ontario, have anti-discrimination laws which protect against discrimination on the basis of disability. If a person believes they have been discriminated against when they receive developmental services, they can initiate a human rights complaint at an independent tribunal charged with adjudicating discrimination complaints. However, in law and in practice anti-discrimination laws do not address the particular legal issues or rights violations commonly experienced by people who receive developmental services. Therefore, the availability of human rights complaint mechanisms does not alleviate the need for an independent, accessible process to adjudicate complaints related to the provision of developmental services and supports.
1.2	Research conducted in Ontario which included results of a survey and interviews, noted that 68% of parents of students with disabilities reported that schools were meeting half or less than half of their child’s academic needs, 53% reported improper academic accommodations; 67% reported not receiving the appropriate curriculum; and 61% reported their child was excluded from extra-curricular activities. (Reid et al., 2018)
1.3	Students with disabilities who are racialized and/or identify within a lower socio-economic status experience much higher rates of segregation than other students. A report released by Canada’s largest school board stated that “[s]tudents who self-identified as Black were over-represented in congregated Special Education…[and] notably under-represented in Gifted, IB, AP, Elite Athlete, and slightly under-represented in French Immersion” (see Toronto District School Board, “Facts, Selected In-School Programs: An Overview,” Issue 8, December 2013 (TDSB) at 3).
1.4	Approximately 45% of respondent parents stated that they needed to keep their child home from school as a result of a lack of supports or services. Moreover, more than half of parents reported that their child’s day had been shortened, often for reasons not related to the student’s needs, such as staffing shortages and transportation scheduling issues. On average, these students lost 3.86 h out of a 6 h school day.(Reid et al., 2018)