Assistive technology has great potential to contribute to health, functioning, and quality of life. To date, as exemplified in the Canadian context, variations and inequities in access to assistive technology are evident; the development of legislation, policies, and programs has not kept up with the increasing use of assistive technology. In this article, we apply ;Daniels’s (2008) theory of just health to argue that equitable access to assistive technology funding and services is necessary for justice. In doing so, we offer (...) theoretical guidance for the development of legislation, policies, and programs to guide such access in health and social services. (shrink)

This study brings together two important literatures together in the one volume. One concerns the role of quality assessments in social policy, especially health policy. The second concerns ethical and social issues raised by prenatal testing for disability. Hitherto, these two literatures have had little contact with each other: few scholars have written about both, or have compared the two domains in a systematic way, while people with disabilities and disability scholars are underrepresented in recent discussion on health policy and (...) quality of assessment. This book turns the perspectives of disability scholars on issues that have largely been the province of health methodology, policy and philosophy, while angling philosophical policy analysis on problems that have largely been the province of disability scholarship. This volume will be sought after by bioethicists, philosophers, and specialists in disability studies and healthcare economics. (shrink)

Often advocates for persons with disabilities are resistant to what might appear to be the banal truism that, at bottom, disability is a decrement in health. Disability advocates have long objected to the “medicalization” of disability, when that means focusing entirely on a person’s underlying impairments and ignoring all of the manifold obstacles in his or her environment — e.g., physical, human-built, attitudinal, social, political, and cultural — that makes living with those impairments at least disadvantageous and socially devalued. Over-medicalization (...) is another and well understood problem that people with disabilities are justifiably concerned about. Yet it is somewhat of a mystery why anyone with an impairment would ever deny, or feel uncomfortable being told, that their impairment is a health problem. Surely, people with disabilities are unhealthy, by virtue of their impairments and to the degree according to the severity of those impairments. How could it be otherwise? (shrink)

Often advocates for persons with disabilities strongly object to the claim that disability essentially involves a decrement in health. Yet, it is a mystery why anyone with an impairment would ever deny, or feel uncomfortable being told that, their impairment is at bottom a health problem. In this paper, I investigate the conceptual linkages between health and disability, relying on robust conceptualizations of both notions, and conclude it makes no conceptual sense to insist that a person can be seriously impaired (...) yet still be, or become, “perfectly healthy.” But that cannot be the end of it since this kind of error is commonly made, and I try to tease out the reason why not only disability advocates but agencies like the WHO and the CDC fall victim to it. I conclude by conceding that there are indeed sound political reasons for being cautious about the alignment of disability and ill-health, but suggest that the price we pay in conceptual confusion may be too high to allow those reasons to dictate policy. (shrink)

Argumentation theory has much to offer our understanding of the doctor-patient relationship as it plays out in the context of seeking and obtaining consent to treatment. In order to harness the power of argumentation theory in this regard, I argue, it is necessary to take into account insights from the legal and bioethical dimensions of informed consent, and in particular to account for features of the interaction that make it psychologically complex: that there is a fundamental asymmetry of authority, power (...) and expertise between doctor and patient; that, given the potential for coercion, it is a challenge to preserve the interactive balance presumed by the requirement of informed consent; and finally that the necessary condition that patients be ‘competent to consent’ may undermine the requirement of respecting patient autonomy. I argue argumentation theory has the resources to deal with these challenges and expand our knowledge, and appreciation, of the informed consent interaction in health care. Keywords: argumentation theory, informed consent, doctor-patient interaction, competency to consent, autonomy, medical paternalism. (shrink)

This is a collection of Canadian legal decisions, mostly from the highest court of the land, that raise and respond to central issues in political and legal philosophy and social ethics. All the issues raised by these cases are current and controversial. They include: the scope of judicial review and legitimate powers of the courts; separation of powers; the nature and scope of rights of speech, association, Aboriginal rights, and legal protections in criminal prosecution; equality and its pursuit in a (...) free and democratic society; autonomy and its protection; the nature of legal responsibility in criminal and tort law; and legitimate punishment. This edition takes into account the many changes that have occurred in our court's interpretation of the Charter of Rights and Freedoms. Twelve new cases have been added, as has a new section on "Group Self-Determination" that takes into account important changes in Aboriginal rights. Many of the cases from the previous edition have been re-edited and slightly expanded, with "follow up" cases included to reflect how they are now interpreted. (shrink)