JACOBUS TENBROEK LAW SYMPOSIUM KEYNOTE ADDRESS

6 In this article, Dr. tenBroek espouses the fundamental proposition that the disabled possess the same right to live in the world as all other human beings and that this right is necessary to the principle of equality, also shared by the disabled.7 After stating this essential proposition, Dr. tenB...

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Bibliographic Details
Published in:Texas journal on civil liberties & civil rights 2008-04, Vol.13 (2), p.157
Main Author: Maurer, Marc
Format: Article
Language:English
Subjects:
Access to Information
Assistive Technology
Blindness
Civil Rights
Courts
Departments
Disability
Evidence
Handicapped accessibility
Judges & magistrates
Law
Legislation
Negligence
Opportunities
People with disabilities
Public buildings
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Summary:6 In this article, Dr. tenBroek espouses the fundamental proposition that the disabled possess the same right to live in the world as all other human beings and that this right is necessary to the principle of equality, also shared by the disabled.7 After stating this essential proposition, Dr. tenBroek says that the policy of the United States is that the disabled have protection equivalent to all others under the law to live, work, and otherwise enjoy the rights of participation in the community with all others.8 He observes, however, that the courts have frequently interpreted the law to abrogate or at least to limit severely this policy.9 His conclusion is that the courts do not oppose the policy of integration for the disabled. Dr. tenBroek points out that the right to be abroad in the land is no right at all unless the interpretations of the doctrines of law take into account the realities of disability.12 Thus, the law should take notice that the blind cannot see (or see very well), that the deaf cannot hear (or hear very well), and that wheelchair users cannot walk (or walk very well).
ISSN:1930-2045