disability · legal

Disability

Legal - UN (CRPD)

Definition

Long-term impairments interacting with barriers that hinder full/equal participation.

Prerequisite chain

Condition. A long-term impairment exists
Functional status. Interaction with societal barriers restricts participation
Applied test. Aids/meds are "reasonable accommodations" the State must provide - the impairment itself is still assessed inherently

Assessment basis (treatment / aids) — Explicitly focuses on barriers, not medical mitigation. Aids/meds are recognised as reasonable accommodations that remove the negative effect, and the State is obligated to provide them, but the underlying impairment itself is assessed inherently.

Qualifiers

Severity. Severity = interaction effect
Duration. Generally >=6 months ("long-term")
Scope. Physical, mental, intellectual, or sensory impairments
Other. Ratified by South Africa, UK, and Australia (not directly by the USA)

Impact

Hinders full and effective participation in society on an equal basis with others.

Example

A country is found in breach of the CRPD for failing to provide sign-language interpreters in courts, regardless of any individual's hearing aid use.

Source: UN Convention on the Rights of Persons with Disabilities (CRPD), Article 1

Language map: disability · Incapacity · Mitigated-state trap