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High-throughput and Comprehensive Drug Surveillance Using Multisegment Injection-Capillary Electrophoresis-Mass Spectrometry

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Drugs, discrimination and disability.

Frances Gibson¹

¹School of Law, La Trobe University, PO Box 199, Bendigo, Vic 3550, Australia. frances.gibson@latrobe.edu.au

Journal of Law and Medicine

|February 23, 2010

Summary

This summary is machine-generated.

Drug addiction as a disability is debated in Australia. The Marsden case suggested drug dependence could be a disability, leading to legislative changes impacting discrimination protections for addicts.

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Area of Science:

Law and Public Health
Disability Discrimination Law
Social Justice

Background:

The classification of drug addiction as a disability under Australian anti-discrimination law is contentious.
The Marsden case (1999) was a pivotal public interest litigation concerning disability discrimination related to drug use.
Media attention and public reaction to the Marsden case influenced legislative proposals regarding drug addiction and discrimination.

Purpose of the Study:

To analyze the legal and social implications of classifying drug addiction as a disability in Australia.
To examine the impact of the Marsden case on disability discrimination legislation.
To advocate for legislative review in light of international disability rights conventions.

Main Methods:

Case study analysis of Marsden v HREOC.
Review of Australian disability discrimination legislation (federal and New South Wales).
Examination of public interest litigation's role in social justice.

Main Results:

The Federal Court's reasoning in Marsden opened possibilities for drug dependence to be recognized as a disability.
New South Wales legislation permits discrimination in employment based on current prohibited drug addiction.
Federal legislative proposals to limit protections lapsed due to advocacy group objections.

Conclusions:

The Marsden case highlighted the complexities of disability discrimination law concerning drug addiction.
Public interest litigation can be a powerful tool for social change in disability rights.
Australia's ratification of the Convention on the Rights of Persons with Disabilities necessitates a review of discriminatory legislation impacting individuals with addictions.