Disability Discrimination
In this tutorial we will be looked at some specific issues that arise when we examine the coverage of the ground of disability under anti-discrimination law.
- Standards, guidelines and action plans
In this context we will look at the operation of what are generally referred to as proactive measures. We will look at how Standards in particular offer a different regulatory approach beyond proscribing certain conduct and setting up a complaints mechanism. These are a distinct feature of the Disability Discrimination Act 1992 (Cth). [unique_solution]
We will focus in particular on the education Standards and the Public Transport Standards. You need to look at these Standards before the tutorial on the website of the Australian Human Rights Commission – http://www.hreoc.gov.au/disability_rights/standards/standards.html
Questions:
- How would you describe the regulatory approach used in the Education Standard as opposed to the approach used in the Public Transport Standard?
- What are the advantages and disadvantages of each approach?
- Do you think the types of changes brought about by the Standards would have occurred without the Standards? Why or why not?
- How can flexibility and innovation be built into the system?
- What form might Standards in the employment context take?
- Genetic discrimination
Reading: Otlowski, Margaret; Taylor, Sandra; Barlow-Stewart, Kristine; Stranger, Mark; Treloar, Susan. “The use of legal remedies in Australia for pursuing allegations of genetic discrimination: Findings of an empirical study” (2007) 9 International Journal of Discrimination and the Law 3-35
- As a ground of discrimination, what features does the area of genetics share with other grounds and in what ways does it differ? Where is the most commonality?
- What do you think the experience of genetic discrimination might be like in 10 years/ 20 years? Will anti-discrimination laws need to change to adapt to scientific and medical developments in the future?