20世纪美国残疾人就业权利的缘起、制度化与困境

在某种意义上,20世纪的美国历史也是一部残疾人的民权运动史。如果说经济大萧条初步唤醒了残疾人的就业权利意识,两次世界大战开启了美国伤残军人康复与就业援助的机制建设,第三次科技革命则加速了残疾人就业权利保障的制度化进程。从公共就业计划、残疾人社会保障保险计划、补充收入保障计划,到《1973年残疾人康复法》,再到《1990年美国残疾人法》,残疾人的就业权利经历了被漠视、依附于福利救济、向实现平等权利转变等阶段,给美国的政治、经济、社会、思想领域留下了诸多挑战和值得思考的问题。由于法律在解决社会问题上存有局限、残疾人对各种福利保障资助的依赖、根深蒂固的偏见等因素,美国残疾人争取平等权利之路仍任重而道远。     

The Americans With Disabilities Act as Engine of Social Change: Models of Disability and the Potential of a Civil Rights Approach

The Americans With Disabilities Act, based on the civil rights/minority group and independent living models of disability, may enhance access to health care, personal assistance, employment, the electoral process, and smoke-free environments for people with disabilities. However, this essential law cannot resolve these key issues. Supplemental theoretical and policy approaches will be necessary to promote fundamental change.     

'Caught Between a Rock and a Hard Place': Anti-discrimination Legislation in the Liberal State and the Fate of the Australian Disability Discrimination Act

This article offers a critical analysis of some of the practical implications for disabled people of the Disability Discrimination Act of 1992. Specifically, it raises questions about politics and the role of the law as an instrument of social changetaking greater account of the interests of disabled peopleon the one hand, and of the reliance of the social model of disability on a strategy based upon legal rights on the other. The article also suggests that the constraining effects of Australia's constitutional protections of rights and its federal system of government hinder the mildly progressive elements of the Disability Discrimination Act. To illustrate this, the paper employs empirical evidence to suggest that these effects have been exacerbated by the passage of the Human Rights Legislation Amendment Act in 1999.     

Organizing From Diversity in the Name of Community: Lessons From the Disability Civil Rights Movement

The recent passage of the Americans with Disabilities Act and other pieces of legislation affecting the disability community and other civil rights communities suggests a level of cohesion within the disability movement that blurs the reality and the power of the tensions which did and do exist. Examining the struggles to maintain an effective, cohesive entity provides an opportunity to explore the complexity of the disability movement as well as lessons for policy and program planning and for community organizing.     

Undue Hardship and Reasonable Accommodation: The View From the Court

Title I of the Americans With Disabilities Act prohibits employment discrimination against disabled people. This article provides an overview of how the courts have interpreted the duty to accommodate an individual with a disability, focusing on the concepts of "reasonable accommodation" and "undue hardship."     

Elite Leadership,People of Mexican Origin,and Civil Rights: Dennis Chavez and the Politics of Fair Employment

People of Mexican origin lacked broad-based mobilization for civil rights during the mid-twentieth century and failed to gain attention with national leaders unaware of the unique conditions in the Southwest. In the absence of these factors, elite leadership and issue networks filled the gap. In this article I explore the case of New Mexico. I argue that the elite leadership of New Mexico Senator Dennis Chavez helped to shape national debates regarding fair employment and other civil rights legislation. Chavez helped work for the passage of a strong state fair employment law in New Mexico in 1949 and increased awareness of the place of people of Mexican origin in civil rights policy and politics nationally and in New Mexico. Gaining support from African Americans, Catholics, Jews, and labor unions, Chavez helped to include people of Mexican origin in debates regarding civil rights policy. However, a lack of national legislation, policy implementation, and the rise of backlash politics prevented the creation of a strong policy and strong agency.     

Gendered death risks among disabled individuals in Sweden

This study follows around 500 disabled individuals over their lifespan to examine their risks of dying in 19th-century society, in comparison to a reference group of non-disabled people. The aim is to detect whether people, due to their disability, had a higher probability of meeting an untimely death. We use Sweden’s 19th-century parish registers to identify people the ministers defined as disabled, and to construct a reference group of individuals who were not affected by these disabilities. By combining the deviance theories from sociology studies with demographic sources and statistical methods, we achieve new insight into how life developed for disabled people in past societies. The results suggest that disability significantly jeopardized the survival of individuals, particularly men, but also that the type of disability had an impact. Altogether, we can demonstrate that the disabled constituted a disadvantaged but heterogeneous group of people whose demography and life courses must be further researched.     

Tracing Issue Definition and Policy Change: An Analysis of Disability Issue Images and Policy Response

We examine the role of issue definition in disability policy change. Based on qualitative and quantitative evidence from media coverage and congressional hearings, we conclude that policy change was influenced by the redefinition of disability issues from medical and economic definitions to a new sociopolitical perspective. Specifically, we find evidence that media attention and tone influenced the number of congressional hearings and the tone of these hearings. The change in the congressional definition subsequently contributed to the passage of key legislation based on the sociopolitical/civil rights definition of disability. Importantly, our research supports previous studies that suggest problem definition helps to explain significant policy change.     

“陈果仁案”与亚美民权运动

为深入研究1982年“陈果仁案”给亚裔民权斗争提供的借鉴和警示,通过对“陈果仁案”的剖析,对华人和亚裔群体努力为陈果仁争取司法公正的行动及其影响进行了阐述和探讨。底特律司法部门对此案凶手的轻判,促使底特律和全美的华人及其他亚裔群体,以美国公民伸张正义联合会为领导中心,掀起了为陈果仁争取司法公正的抗议和声援运动。“陈果仁案”是一起典型的反亚裔暴力案件,它在亚美民权运动进程中具有十分重要的意义。     

Access to the Information Age: Fundamental Decisions in Telecommunications Policy

As federal and state budget sheets show more red than black ink, the private sector is delivering more social services and even protecting rights. The experience of disability rights leaders during the past five years shows that the private sector will accept such obligations as long as the burden is evenly distributed throughout an industry. They will balk if it is not. The task of ensuring access and fairness for people with disabilities in an industry where equal allocation of social responsibility is difficult is illustrated by the continuing effort of disability rights leaders for accessibility to Information Age telecommunications products and services. The effort also highlights a recurring theme in public policy: Does equity mean that all Americans pay a little more so that those with disabilities gain full access, or does it mean that overall rates are kept low while those with special needs use adaptive devices? Each point of view was illustrated in the telecommunications policy debate of the 102nd Congress-and likely will shape that of the 103rd Congress as well.     

The Implications of Parenting Standards in Child Protection: A Paradox in Disability Policy

Contemporary parenting standards in the field of child protection produce a paradox in disability policy. Focusing on the protections necessary for child safety, child protection workers are apt stereotypically to discount the abilities of parents with disabilities to raise their children. This situation runs a wide spectrum. It includes parents fully capable of parenting with no outside assistance who are nevertheless denied their children on the basis of completely baseless stereotypical assumptions. It includes parents who are mentally fully capable of parenting, but who are denied the necessary personal assistance services to perform the physical tasks of child care. This article, however, focuses on yet another situation: parents with mental, emotional, or cognitive disabilities who, without assistance to perform the cognitive tasks necessary for safely raising children, could neglect their children. It discusses this situation in light of the Americans with Disabilities Act and various state laws that protect the civil rights of persons with disabilities.     

社会参与：学术生命之源——浅谈王灵智教授

作为"社会活动家型"的学者,王灵智教授不仅是研究华人问题的著名学者,在维护美国华人权益活动上也成绩斐然.他几乎参与了过去三十多年来每一种维护美国华人权益的运动.他把自己定位为一名"社会参与型"的研究者,以自己的实际行动表明,学者作为社会中的一员,使命应该是通过自己的努力,揭示社会问题,启发人们思考,提高人们的认识,进而促进社会的发展.     

Narrating intersections of gender and dwarfism in everyday spaces

Dwarfs, midgets, even freaks, are among the terms that have been used to label little people. Feminist theorists have argued that discursive identities of women prevent any meaningful essentialised analysis of their experiences. Similarly, disability researchers have argued against generalising the experiences of disabled individuals. This paper explores the intersection of gender and dwarfism through the narratives of four women who are little people. Findings suggest that the ways women, who are little people, negotiate public spaces are affected by discourses of gender, disability and common conceptions of what is physically normal. Furthermore, these discourses have material implications in the everyday lives of these women. A brief historical overview of dwarfism is followed by narratives that describe experiences in public spaces, perceptions of height related to age and capability, gendered spaces and sexual stereotypes, uncomfortable spaces, violations of personal space and transportation. This paper provides a partial perspective on how discourses of dwarfism are manifest in social spaces and the built environment. Despite these significant commonalities that little people shared with other disabled people, there are socio‐spatial experiences that appear to be unique to people with dwarfism .     

20世纪六七十年代美国华裔青年“新左派”团体探析

论文论述了20世纪六七十年代美国华裔青年"新左派"团体产生的社会政治背景,华裔青年新左派团体的兴衰与转型。论文认为,华裔青年新左派团体作为亚裔美国人运动一支不容忽视的力量,从校园斗争转向唐人街,开展"草根阶层"运动和"为人民服务"行动,力图发动普通华人向不平等、不公正的社会制度发起挑战,争取应得的平等权益。他们的努力确实取得了一定的成效,让唐人街失学的青少年、失业的劳工、贫困的租客等获得了一些教育、就业、医疗等方面的福利。但是,这些左翼团体主张以"革命斗争"推翻美国政府,脱离了社会实际,因而得不到大多数华人的认同,有的只维持几年就解散了,有的转向"温和",接受了美国主流政治的游戏规则。虽然受特定时代思潮的影响,有一定的"局限性",但其在美国华人民权运动史上的贡献不应被遗忘。正是他们无私无畏的斗争,并发挥教育和引领的作用,才使得普通华人民众的维权意识得以提升,给相对保守"沉默"的华人社区带来一股革新之气。     

Precarious Lives in the Global South: On Being Disabled in Guyana

Most of what is known about disabled women's and men's lives is based on research conducted in the global North despite the fact that 80% of the world's one billion disabled people live in countries of the global South. This article addresses this gap in our understanding of disabled people's lives by examining impairment and disability as outcomes of processes of social embodiment that unfold in an unequal global capitalist order. Drawing on 87 interviews conducted with disabled women and men in Guyana, the article illustrates how colonial and neo‐colonial relations of power and processes of development give rise to material conditions of life such as extreme poverty and male violence that contribute to impairment and disability. The article concludes by discussing the article's contributions, challenges in developing southern perspectives on impairment and disability, and the need to address socio‐spatial injustices experienced by disabled people in the global South.     

Recovering a ‘Subjugated History’: Disability and the Institution in the Industrial City

The paper explores physically disabled people’s experiences of institutions in the industrial city, focusing on the case of nineteenth-century Melbourne. Here ‘institutions’ refers to the panoply of public, semi-public, private and charitable places that were established in industrial cities to house, and frequently confine, a diverse estate of poor, ill, elderly, disabled and otherwise socially dependent persons. The aim of this paper is to retrace the institutional experiences of disabled people in nineteenth-century Melbourne, with a view to explaining the role of the institution within a broader ‘social space of disability’in the industrial city. In particular, the analysis seeks to identify the type of institutions that disabled people were admitted to, including places of confinement such as gaols. The paper also explores how disabled people coped with the ‘duty to attend the asylum‘ (after Foucault) that weighed heavily on socially marginalised people in the industrial city.     

Disability Consciousness on the Frontlines of Urban Struggle

Drug wars, austerity and gentrification are interwoven social relations in many North American urban centres and are typically met with organising of varying degrees of militancy. Loïc Wacquant characterises many of these sites as highly stigmatised, associated with violence and pathology. In Toronto's downtown east end (DEE), one such stigmatised urban space, disabled activists are far from unfortunate casualties. They tend to refer to the DEE as an “urban battleground”, where disabled people politicise and challenge the DEE's pathology and stigma by linking into emerging radical disability politics across the global North and by developing localised revolutionary disability consciousness. Drawing on oral stories, zines and blogs of disabled activists and workers in Toronto's DEE, this article uses Rachel Gorman's dialectic of disability/disablement to analyse the emergence of revolutionary disability consciousness and the centrality of disabled people on the frontlines of anti‐gentrification and harm reduction organising in Toronto's DEE.     

Autogestion and competing hierarchies: deaf and other perspectives on diversity and the right to occupy space in the Mumbai surburban trains

This article offers a detailed ethnographic account of how people appropriate available space in compartments for disabled people in the Mumbai suburban trains, make it their own and monitor it, in the context of a succession of recent spatial changes. These compartments have increased in size over the years, and subsequently, the body of travellers has become more diverse. Passengers produce hierarchies based on need, physical differences, age differences and physical appearance, determining who can enter the compartments and who can’t, who can sit and who should stand, and where they should sit/stand. These hierarchies are mediated, but not dominated, by medical and disability certificates which are, in addition to a valid ticket, the documents that entitle people to travel in the handicapped compartments. Hierarchies are influenced by sexism, classism and audism and partially overlap but also are competing, such as in the case of deaf people who argue for the right to occupy seats and at the same time struggle with how to balance this quest with the need to act morally towards fellow travellers who seemingly suffer.     

Does Believing Homosexuality Is Innate Increase Support for Gay Rights?

Why are Americans who believe homosexuality is innate more likely to support the rights of lesbians, gay men, and bisexuals (LGBs)? Attribution theory suggests that people are more likely to support LGB rights if they do not blame LGBs for their sexual orientation. Alternatively, moral condemnation of homosexuality may lead both to belief that homosexuality is a choice and opposition to LGB rights, while acceptance of LGB rights may lead to a belief in a biological basis for homosexuality as part of a constellation of tolerant beliefs. Using logit analysis on individual‐level data from 24 national surveys conducted since 1977, I find that the link between belief in a biological basis for homosexuality and support for LGB rights is strong and growing for almost all groups on almost all issues. The reason may have more to do with people shaping their origin beliefs to match their political and religious values, than with origin beliefs affecting support for LGB rights.     

Comparative Analysis of Civil Society and State Discourse on Disabled People’s Rights and Welfare in Southeast Asia 2010–16

Over the next quarter century it is likely that Southeast Asian countries will experience high levels of growth in the number of disabled people. It is therefore significant that, over the past decade, the region’s governments have at last ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD). At this critical juncture, and in the face of ongoing human rights issues in several territories, this study presents comparative analysis of state and civil society organisations’ (CSOs’) discourse on CRPD implementation. The findings show that while governments have espoused a participatory approach to fulfilling their CRPD obligations, contemporary practice falls short. Disabled people currently experience barriers to shaping policy and accessing social welfare. There is a “disconnect” between state and civil spheres that hampers effective implementation based on partnership working and knowledge exchange. In turn, this raises issues of legitimation, performativity and the endurance of the Medical Model of Disability across the region.