미국의 장애인 관련법
Laws on People with Disabilities in the U.S.
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초록
This paper is to introduce American laws on people with disabilities. It briefly reviews disability laws to prevent infringement of right of people with disabilities and discrimination against them. It also check the social welfare system for people with disabilities under the U.S. Social Security Act, such as Social Security Disability Insurance(SSDI) and Supplemental Security Income(SSI). Although the United States has not ratified the Convention on the Rights of Persons with Disabilities (CRPD), being effective since May 2008, the U.S has established its disability laws which provide exemplary guidelines to other countries and international legal systems. As the Americans with Disability Act(ADA) was the model of the CRPD, the U.S. legal system on disability has been developed by considering two main issues on disability, such as to prevent discrimination against people with disabilities and to support them through its social welfare system. For people with disabilities, these two issues, human rights, the baseline of the CRPD, as well as welfare issues, should be fully secured from the society.
Abstract
This paper is to introduce American laws on people with disabilities. It briefly reviews disability laws to prevent infringement of right of people with disabilities and discrimination against them. It also check the social welfare system for people with disabilities under the U.S. Social Security Act, such as Social Security Disability Insurance(SSDI) and Supplemental Security Income(SSI). Although the United States has not ratified the Convention on the Rights of Persons with Disabilities (CRPD), being effective since May 2008, the U.S has established its disability laws which provide exemplary guidelines to other countries and international legal systems. As the Americans with Disability Act(ADA) was the model of the CRPD, the U.S. legal system on disability has been developed by considering two main issues on disability, such as to prevent discrimination against people with disabilities and to support them through its social welfare system. For people with disabilities, these two issues, human rights, the baseline of the CRPD, as well as welfare issues, should be fully secured from the society.
참고문헌 (12)
- 장애인차별금지법 영역을 기준으로 한 외국사례 연구-미국 장애인법과 호주 장애인차별금지법을 중심으로, "아름다운재단 공익변호사그룹 공감", 국가인권위원회, ~ (2011)
- Samuel R. Bagenstos, "The Future of Disability Law", Yale Law Journal, 114, pp.1~ (2004)
- Samuel R. Bagenstos, "Law and the Contradictions of the Disability Rights Movement" (2009), Yale University Press
- Ruth Colker, "Federal Disability Law in a Nutshell" (2010), West Thomson
- Matthew Diller, "Entitlement and Exclusion: The Role of Disability in the Social Welfare System", UCLA Law Review, 44, pp.361~ (1996)
- Matthew Diller, "Dissonant Disability Policies: The Tensions Between the Americans with Disabilities Act and Federal Disability Benefit Programs", Texas Law Review, 76, pp.1003~ (1998)
- Mark C. Weber, "Disability and the Law of Welfare: A Post-Integrationist Examination", University of Illinois Law Review, 2000, pp.889~ (2000)
- Mark C. Weber, "Understanding Disability Law" (2007), LexisNexis
- Mark C. Weber, "Disability Rights, Disability Discrimination and Social Insurance", Georgia State University Law Review, 25, pp.575~ (2009)
- Mark C. Weber, "Disability Rights, Welfare Law", Cardozo Law Review, 32, pp.2483~ (2011)
- Jeffrey S. Wolfe, "Social Security Disability and the Legal Professional" (2003), Thomson