the impact of legislative framework on the strategies of disability organizations: case studies in...
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THE IMPACT OF LEGISLATIVE FRAMEWORK ON THE STRATEGIES OF DISABILITY ORGANIZATIONS:
Case Studies in Buenos Aires and Chicago
RESEARCH QUESTION: To what extent has legislative frameworkimpacted the strategies employed by Access Living, in Chicago, USA and La Usina in Buenos Aires, Argentina?
May 1, 2010McGill University
Making Equal Rights RealVers la pleine réalisation de l'égalité des droits
Mary MacLennan
Global Disability Situation 10% of the world’s population identify as
having a disability.
Many of the rights of people with disabilities, such as those related to health, education and housing, are not realized.
The legal framework, under which disability organizations operate, greatly shapes their strategies.
METHODOLOGY
Choice of Locations: two independent living organizations working in countries
guaranteeing a many rights (such as employment, health care and education) but very different disability contexts
Selection of Case Studies: Access Living (Chicago, USA): successful legislative
campaigns particularly advancing special education and housing
La Usina (Buenos Aires, Argentina): successful awareness campaigns, capacity building projects and innovative approaches to education
Data collection: 42 semi-structured interviews with program participants
organizers, politicians, academics and community organizers; additionally, field notes were recorded
Quantitative reports
Disability in Chicago, USA
Legal History: 1973 Rehabilitation Act
Prohibits discrimination on the basis of disability in programs conducted by Federal agencies and those receiving Federal assistance
1990 Americans with Disabilities Act Prohibits discrimination on the
basis of disabilities in employment, public services, privately operated public accommodations, services and televisions
Chicago: renowned for active disability community and effective advocacy groups
Organization History: 1980 part of the Rehabilitation Institute of Chicago 1984 official non-profit group Active role in key pieces of legislation, e.g. Chicago
mainline public transport, ADA, etc. 2007 state-of-the-art disability-conscious building
Strategy and Implementation: Legislative advocacy
health, housing, education, economic and civil rights peer support groups and community activism
Disability in Chicago, USA
Disability in Buenos Aires, Argentina
Legal History: 2.2 million people in Argentina
living with a disability
1981 Ley de Proteccion Integral para los Discapacitados Prohibits discrimination against
persons with disabilities in employment, education, and provision of other state services, and also mandates access to buildings
1994 modification passed regarding accessibility
Organization History: 2002 founding 2006 first media campaign 2008 initiation of protected workshop programming (Red Activos)
Strategy and Implementation: Awareness promotion
media campaigns protected workshops
Disability in Buenos Aires, Argentina
RESULTS:Understanding the Creation of
Strategy
Factors possibly explaining the difference in strategy between Access Living’s legislative and La Usina’s awareness approaches:
1. Enforcement“I know they are implemented, but there are many laws out there that are not enforced”.
Program Participant, Access Living, USA
2. Political and social will/political confidence“Here people are afraid because there is not much trust between government and citizens. It’s quite different in different cultures”.
Coordinator, La Usina, Argentina
RESULTS:Understanding the Creation of
Strategy
3. Education about Rights“There is only one certificate for all disabled people. It is very hard to find information on its existence and is difficult to get…
In Argentina we calculate 2.8 million people with disabilities. That’s quite a lot and only the 15% have the certificate”.
Coordinator at La Usina, Argentina
4. Cooperation between governmental and non-governmental organizations
“I think they (NGOs) absolutely have made a difference in terms of raising awareness. They are powerful and hold their elected
officials accountable by expressing their support and disappointment through political activism”.
State Representative, Illinois, USA
RESULTS: Important Context-Independent Findings
1. Promotion of awareness and legislative advocacy needs to be done“We need both. Because if people are more aware, they are going to demand that the rights of people with disabilities are enforced”.
Coordinator, La Usina, Argentina
2. Significance of context-dependent approaches when working in a cross-disability environment and the importance of employment
“Some of the biggest challenges we are facing include geographic differences in the city, ethnic, cultural and racial differences, in addition to the political economy”.
Coordinator, Access Living, USA
Conclusions
1. Legal framework impacts the strategies employed by Access Living and La Usina, particularly through law enforcement, political and social will, education about rights, and cooperation between government and non-government sectors.
2. Public awareness and legislative action should be addressed in a context-dependent manner when promoting the health and well-being of individuals with disabilities.
Discussion
1.In what ways can legal framework indirectly impact the lives of people with disabilities and the strategies employed by disability organizations?
2. How can a country increase disability law enforcement, political and social will, education about rights, and cooperation between government and non-government sectors?
3.What are some effective ways of changing social perception of people with disabilities?