Congratulations to Dr Ilze Grobbelaar-Du Plessis

Posted on September 13, 2010

Supervisor: Prof. J.J. Malan (UP)

Co-supervisor: Prof. TP van Reenen (UWC) 

The thesis investigates a perceptual change and resultant new approach with regard to the juridical management of persons with disabilities aimed at a more inclusive and integrated public legal order with a view to the protection and promotion of the rights and interests of persons with disabilities on an equal footing with those of other persons.

Disability is dealt with and evaluated with reference to two opposing models. These models of disability – the medical and the social – represent two different notions about disability that find application in clearly-distinguishable legal approaches. Over the recent decades the social model has gained considerable ground on the medical model. In international law in particular the social model has found application in the comprehensive standardisation and universal acceptance of human rights under the leadership of the United Nations. These developments are investigated in detail. The increasing acceptance of the social model is apparent in two other jurisdictions, namely Europe – within the context of the European Council and the European Union – and the United States of America. In both of these jurisdictions the changing views as to how the law should respond in order to meet changing demands regarding disability are reflected in the development of positive law. Disability is increasingly regarded as a form of diversity in accordance with a social model. It therefore requires a unique legal approach in order to ensure genuine equal treatment for persons with disabilities rather than a (mere) medical intervention in a “deviate position” or an “illness”. The divergent legal dispensation regarding disability is consistently described and evaluated through the prism of the two models. 

An initial exposition of the relevant models is followed by a brief historical overview, constituting the context within which legal developments since the Second World War are discussed: In the international arena, the activities of the United Nations; and at regional or local level, developments in Europe, the USA and South Africa. The study ends with a summary and conclusions focussing on an evaluation of the changes in disability law with specific reference to the models that were expounded in the first chapter.

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