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Perspectives on the Meaning of "Disability"
Leslie Francis1, Anita Silvers2
1Distinguished professor of law and philosophy and director of the Center for Law and Biomedical Sciences at the University of Utah in Salt Lake City.
The definition of disability has evolved due to public policy changes, shifting focus from physician-determined severity to ensuring equitable access through accommodations for individuals with functional limitations.
Area of Science:
- Public Policy
- Disability Studies
- Legal Studies
Background:
- Historically, disability determinations were primarily medical, focusing on physician assessments of functional limitations.
- Public policy shifts, particularly civil rights legislation, complicated disability definitions and assessments.
- The legal landscape increasingly frames disability within anti-discrimination frameworks.
Observation:
- Physician-based disability assessments became contentious with the rise of civil rights protections.
- Congress has intervened to address the complexities of disability determination in legal and policy contexts.
- The focus has moved from a narrow, severity-based definition to one centered on access and accommodation.
Findings:
- The meaning of disability is not static but is shaped by evolving public policy and legal interpretations.
- Current policy emphasizes the role of mitigating interventions and reasonable accommodations in achieving equitable access.
- The legal and social understanding of disability now prioritizes inclusion and access over solely medical criteria.
Implications:
- Future disability assessments should prioritize evaluating the effectiveness of accommodations and interventions.
- Policy and legal frameworks must adapt to support equitable access for all individuals, regardless of functional limitations.
- This shift necessitates a collaborative approach involving policymakers, legal experts, and disability advocates to redefine disability criteria.
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