The social and human rights models of disability: towards a complementarity thesis

被引:120
作者
Lawson, Anna [1 ]
Beckett, Angharad E. [1 ]
机构
[1] Univ Leeds, Ctr Disabil Studies, Leeds, W Yorkshire, England
基金
英国经济与社会研究理事会;
关键词
Disability; UN Convention on the rights of persons with disabilities; social model of disability; human rights model of disability; Foucault; oppositional device; DISCOURSE;
D O I
10.1080/13642987.2020.1783533
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article aims to reorient thinking about the relationship between the long-standing social model of disability and the rapidly emerging human rights model. In particular, it contests the influential view that the latter develops and improves upon the former (the improvement thesis) and argues instead that the two models are complementary (the complementarity thesis). The article begins with a discursive analysis of relevant documents to investigate how each of the two models has been used in the crafting and monitoring of the UN Convention on the Rights of Persons with Disabilities. This highlights the increasing importance of the human rights model in this policy context. It also provides examples of the operation of the two models which inform the remainder of the discussion. We then critique the comparisons between the models which underpin the improvement thesis; and, drawing on Foucault's technologies of power and Beckett and Campbell's 'oppositional device' methodology, deepen and develop this comparative analysis. The result, we argue, is that the two models have different subjects and different functions. In the human rights context, their roles are complementary and supportive.
引用
收藏
页码:348 / 379
页数:32
相关论文
共 49 条
  • [11] THE RIGHT TO INCLUSIVE EDUCATION ACCORDING TO ARTICLE 24 OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: BACKGROUND, REQUIREMENTS AND (REMAINING) QUESTIONS
    de Beco, Gauthier
    [J]. NETHERLANDS QUARTERLY OF HUMAN RIGHTS, 2014, 32 (03) : 263 - 287
  • [12] Degener, 2002, DISABILITY RIGHTS LA, P13
  • [13] Degener T., 2017, UN C RIGHTS PERSONS, P41, DOI [10.1007/978-3-319-43790-3_2, DOI 10.1007/978-3-319-43790-3_2]
  • [14] Degener T., 2017, Routledge handbook of disability law and human rights, P31
  • [15] Degener T, 2011, EUROPEAN UNION NON-DISCRIMINATION LAW AND INTERSECTIONALITY: INVESTIGATING THE TRIANGLE OF RACIAL, GENDER AND DISABILITY DISCRIMINATION, P29
  • [16] Degener Theresia., 2016, LAWS-BASEL, V5, P1, DOI DOI 10.3390/LAWS5030035
  • [17] The anti-social model of disability
    Dewsbury, G
    Clarke, K
    Randall, D
    Rouncefield, M
    Sommerville, I
    [J]. DISABILITY & SOCIETY, 2004, 19 (02) : 145 - 158
  • [18] Foucault M., 2008, The Archaeology of Knowledge
  • [19] Foucault Michael., 1997, ETHICS, P163
  • [20] Foucault Michel., 1990, ORDER THINGS