Different - yet equal: the historical development of disability discrimination legislation in the US, the UK, Canada and Australia
thesisposted on 2022-03-28, 11:01 authored by James Justice Bond
This thesis examines the historical development of anti-discrimination policy in four jurisdictions, with an emphasis on persons with disabilities. It details the development of disability discrimination legislation in the US and Australia, and of equality legislation in the UK and Canada. It is argued that more equitable policies have co-evolved with historical changes in the social construction of marginalised individuals. More specifically, the study employs an historical institutionalist framework to investigate the array of factors driving the evolution of the human rights institutions in each country. The case studies throw up a wealth of factors, but two major factors stand out, one structural, the other agential. The major structural factor is federalism. In the three federal nation-states the national jurisdiction shares power and competencies with subnational jurisdictions, with implications for human rights legislation at the federal level. This contrasts with the UK, a unitary state, but with its sovereignty now constrained by the European Union. The major agential factor is the nature, institutional location and timing of activism promoting human rights. The study highlights several prominent political and academic actors, who initiate new policy proposals in response to (and utilising) critical junctures in the history of human rights institutions in each country. The thesis concludes by indicating that a fertile area of future research lies in the exploration of the lineage, transmission and development of the ideas centred on human rights and justice argued by such entrepreneurs.
Table of Contents1. Introduction -- 2. The United States -- 3. Australia -- 4. The United Kingdom -- 5. Canada -- 6. Summation and analysis.
NotesTheoretical thesis. Bibliography: pages 117-136
Awarding InstitutionMacquarie University
Degree TypeThesis MRes
DegreeMRes, Macquarie University, Faculty of Arts, Department of Modern History, Politics and International Relations
Department, Centre or SchoolDepartment of Modern History, Politics and International Relations
Year of Award2014
Principal SupervisorGeoffrey Hawker
RightsCopyright James Justice Bond 2014. Copyright disclaimer: http://mq.edu.au/library/copyright
JurisdictionAustralia United States Canada Great Britain
Extent1 online resource (136 pages)
Former Identifiersmq:53517 http://hdl.handle.net/1959.14/1135577
Discrimination against people with disabilitieshistorical institutionalismDiscrimination against people with disabilities -- Law and legislation -- Canada -- Historyequality legislationdisability discriminationDiscrimination against people with disabilities -- Law and legislation -- Great Britain -- Historysocial constructionDiscrimination against people with disabilities -- Law and legislation -- United States -- HistoryDiscrimination against people with disabilities -- Law and legislation -- Australia -- History