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State Guardianship Laws and Supported Decision-Making in the United States After Ross and Ross v. Hatch: Analysis and Implications for Research, Policy, Education, and Advocacy 罗斯和罗斯诉哈奇案后美国的州监护法律和支持性决策:对研究、政策、教育和倡导的分析和影响
IF 1.6 4区 医学 Q3 REHABILITATION Pub Date : 2021-07-15 DOI: 10.1177/10442073211028586
Jonathan G. Martinis, J. Harris, D. Fox, P. Blanck
In the last decade, and especially after the 2013 Virginia court case of Ross and Ross v. Hatch, there has been a dramatic increase in knowledge, use, and legal recognition of supported decision-making (SDM) in the United States. SDM is a methodology in which people work with trusted friends, family members, and professionals who help them understand their situations and choices so they may make their own decisions and direct their lives. After the Hatch case, in which a young woman with Down syndrome defeated a petition for permanent guardianship by demonstrating that she uses SDM, this methodology has increasingly been considered and used as an alternative to guardianship to enable people to retain their legal rights and make life choices to the maximum extent possible. This article reviews the guardianship laws of the 50 U.S. states and the District of Columbia. Using criteria we developed, in light of the findings and values expressed in Hatch, we assessed the extent to which those laws recognize or encourage the use of SDM as an alternative to guardianship and as a means to enhance self-determination for people in guardianship. We then offer recommendations for future SDM research, policy, education, and advocacy efforts.
在过去的十年里,特别是在2013年弗吉尼亚州罗斯和罗斯诉哈奇案之后,美国对支持决策(SDM)的认识、使用和法律认可都有了显著的提高。SDM是一种方法论,人们与值得信赖的朋友、家人和专业人士一起工作,帮助他们了解自己的处境和选择,这样他们就可以自己做决定,指导自己的生活。在Hatch案例中,一名患有唐氏综合症的年轻女性通过证明她使用SDM而击败了永久监护的请愿书。在此之后,这种方法越来越多地被认为是一种替代监护的方法,使人们能够保留自己的合法权利,并在最大程度上做出生活选择。本文回顾了美国50个州和哥伦比亚特区的监护法。根据我们制定的标准,根据哈奇案的发现和价值观,我们评估了这些法律在多大程度上承认或鼓励使用SDM作为监护的替代方案,以及作为增强监护人自决的手段。然后,我们为未来的SDM研究、政策、教育和宣传工作提供建议。
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引用次数: 4
Supported Decision-Making in Criminal Proceedings: A Sociolegal Empirical Study 刑事诉讼中的辅助决策:一个社会法律实证研究
IF 1.6 4区 医学 Q3 REHABILITATION Pub Date : 2021-07-04 DOI: 10.1177/10442073211026332
P. Gooding, B. McSherry, Anna Arstein-Kerslake
This article outlines a project in which supported decision-making (SDM) and broader support to exercise legal capacity were provided to accused persons with cognitive disabilities in the Australian criminal justice system. The program was developed to advance the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in relation to “unfitness to plead” laws. The researchers collaborated with three community legal services in three Australian jurisdictions. Four nonlegal “disability support people” were trained to work with accused persons alongside legal counsel to maximize their participation in the trial process and avoid the need for unfitness to plead determinations under current laws. The article draws on qualitative research conducted in the form of interviews with clients, lawyers, and support persons. The findings provide an evidence base for implementing SDM for persons with disabilities in the criminal justice system. It also helps answer the question of whether unfitness to plead laws should be repealed in pursuit of a “universally accessible” justice system in line with the CRPD.
本文概述了一个项目,在该项目中,澳大利亚刑事司法系统为认知障碍被告提供了支持决策和更广泛的法律能力行使支持。该计划的制定是为了推动《联合国残疾人权利公约》(CRPD)关于“不适合辩护”的法律。研究人员与澳大利亚三个司法管辖区的三个社区法律服务机构合作。四名非法律“残疾支持人员”接受了培训,与法律顾问一起与被告合作,最大限度地让他们参与审判过程,避免不适合根据现行法律对裁决进行辩护。这篇文章借鉴了以采访客户、律师和支持人员的形式进行的定性研究。调查结果为在刑事司法系统中为残疾人实施SDM提供了证据基础。这也有助于回答是否应该废除不适合辩护的法律,以寻求一个符合《残疾人权利公约》的“普遍适用”的司法系统的问题。
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引用次数: 2
Achieving Financial Inclusion for Persons With Disabilities: Exploring Preparedness and Accessibility of Financial Services for Persons With Disabilities in Malawi 实现残疾人金融包容性:探索马拉维残疾人金融服务的准备和可及性
IF 1.6 4区 医学 Q3 REHABILITATION Pub Date : 2021-07-01 DOI: 10.1177/10442073211027533
Alex Nester Jiya, M. Opoku, William Nketsia, J. Dogbe, Josephine Nkrumah Adusei
Deplorable living conditions among persons with disabilities and the need to improve their living conditions cannot be overemphasized. This has triggered international discussion on the need for deliberate social policies to bridge the poverty gap between persons with and without disabilities. In Malawi, expansion of financial services has been identified as an essential tool to accelerate economic and inclusive development. However, empirical studies are yet to explore the preparedness of financial institutions to extend their services to persons with disabilities. In this qualitative study, semi-structured interviews were conducted with managers from commercial banks in Malawi to understand their perspectives on extending financial services to persons with disabilities. Interviews were transcribed verbatim and a descriptive thematic analysis was performed. Although participants reiterated the need to provide persons with disabilities with financial services to improve their well-being, few initiatives have been undertaken to improve their participation. Particularly, participants stated that barriers, such as a lack of financial literacy and adaptive technologies, communication barriers, and high rates of unemployment, explained the reluctance of commercial banks to extend financial services to persons with disabilities. The limitations, recommendations for future research, and implications of the study for policymaking have been highlighted.
残疾人恶劣的生活条件和改善他们生活条件的必要性怎么强调都不为过。这引发了国际社会对有必要制定深思熟虑的社会政策以缩小残疾人和非残疾人之间的贫困差距的讨论。在马拉维,扩大金融服务已被确定为加速经济和包容性发展的重要工具。然而,实证研究尚未探讨金融机构是否准备好向残疾人提供服务。在这项定性研究中,对马拉维商业银行的经理进行了半结构化访谈,以了解他们对向残疾人提供金融服务的看法。访谈被逐字转录,并进行了描述性主题分析。尽管与会者重申有必要向残疾人提供经济服务以改善他们的福祉,但几乎没有采取任何举措来改善他们的参与。与会者特别指出,缺乏金融知识和适应技术、沟通障碍和高失业率等障碍解释了商业银行不愿向残疾人提供金融服务的原因。强调了该研究的局限性、对未来研究的建议以及对政策制定的影响。
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引用次数: 1
Exploring Access to Independent Living Services for People With Disabilities Through a Transportation Network Analysis 通过交通网络分析探讨残疾人获得独立生活服务的途径
IF 1.6 4区 医学 Q3 REHABILITATION Pub Date : 2021-06-28 DOI: 10.1177/10442073211027527
Kourtney Johnson, Lillie Greiman, Christiane VonReichert, Billy Altom
Centers for Independent Living (CILs) are nonresidential, nonprofit agencies that provide independent living services to people with disabilities across the nation. The services CILs provide are invaluable to people with disabilities living independently in the community. Accessing CIL services can be challenging for people with disabilities, particularly for individuals in rural areas. A geographic analysis called a transportation network analysis is one method for assessing access to CIL services. We draw on the distribution of CILs across the country and in two rural states (Montana and Arkansas) to assess levels of geographic access using travel distance along national and local road networks. Incorporating data from the American Community Survey allowed us to estimate the number of people with disabilities living within certain distance thresholds from CILs. We saw increased access in urban areas where there is a higher concentration of CILs, suggesting that people with disabilities in rural areas have limited access to CIL services. We explore how partnering with Area Agencies on Aging has the potential to expand access to services for people with disabilities in rural areas, highlighting the utility of geographic analysis in social service provision.
独立生活中心(CILs)是非居住的非营利机构,为全国各地的残疾人提供独立生活服务。社区服务中心为在社区独立生活的残疾人士提供的服务是无价的。对于残疾人,特别是农村地区的残疾人来说,获得公共信息服务可能具有挑战性。一种称为交通网络分析的地理分析是评估获取公共交通服务的一种方法。我们利用全国和两个农村州(蒙大拿州和阿肯色州)的CILs分布来评估沿国家和地方道路网络的旅行距离的地理访问水平。结合来自美国社区调查的数据,我们可以估计出生活在距离CILs一定距离范围内的残疾人人数。我们看到,在城市地区,有更多的人可以获得公共教育服务,因为城市地区的公共教育中心更集中,这表明农村地区的残疾人获得公共教育服务的机会有限。我们探讨了与地区老龄机构合作如何有可能扩大农村地区残疾人获得服务的机会,突出了地理分析在社会服务提供中的效用。
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引用次数: 1
Support for the Americans With Disabilities Act Among Nondisabled People 非残疾人对美国残疾人法案的支持
IF 1.6 4区 医学 Q3 REHABILITATION Pub Date : 2021-06-28 DOI: 10.1177/10442073211023175
Carli Friedman, Laura VanPuymbrouck
The Americans with Disabilities Act (ADA) opened the doors to access and enhanced the civil rights of people with disabilities. However, a lack of accessibility to all segments of society continues throughout the United States and is frequently described by people with disabilities as a leading cause for limited participation. Beliefs and attitudes regarding disability can affect critical decisions regarding inclusion and people with disabilities’ civil rights. Therefore, the purpose of this study was to explore support and opposition to the ADA among nondisabled people. We had the following research questions: (a) What is the relationship between disability prejudice and support for the ADA? and (b) When controlling for disability prejudice, what other factors lead people to support the ADA? To do so, we examined secondary data from approximately 13,000 participants from all 50 states and the District of Columbia. Findings from this study revealed that people who oppose the ADA are significantly more prejudiced toward people with disabilities than people who support the ADA. Understanding and becoming aware of attitudes and prejudice toward persons with disabilities can be a first step toward dispelling such beliefs and possibly a priori step to achieving the intent and spirit of the ADA.
《美国残疾人法案》(ADA)打开了残疾人进入的大门,并加强了残疾人的公民权利。然而,在美国各地,社会各阶层仍然无法进入,残疾人经常将其描述为参与有限的主要原因。关于残疾的信念和态度会影响关于包容和残疾人公民权利的关键决定。因此,本研究的目的是探讨非残疾人对ADA的支持和反对。我们有以下研究问题:(a)残疾偏见和对ADA的支持之间的关系是什么?以及(b)在控制残疾偏见时,还有哪些其他因素导致人们支持《残疾人法案》?为此,我们研究了来自50个州和哥伦比亚特区的约13000名参与者的二次数据。这项研究的结果表明,反对《美国残疾人法案》的人对残疾人的偏见明显高于支持《美国残疾人法》的人。了解和意识到对残疾人的态度和偏见可以是消除这种信念的第一步,也可能是实现《残疾人权利法》意图和精神的先验步骤。
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引用次数: 0
Supported Decision-Making: Emerging Paradigm in Research, Law, and Policy 支持决策:研究、法律和政策的新兴范式
IF 1.6 4区 医学 Q3 REHABILITATION Pub Date : 2021-06-22 DOI: 10.1177/10442073211023168
P. Blanck
Supported decision-making (“SDM”) is an emerging paradigm in which people use friends, family members, and professionals to help them understand and address the situations and choices they encounter in everyday life. The aim of SDM is to empower individuals to make their own decisions to the maximum extent possible to increase self-determination. SDM is an alternative to overly restrictive guardianship or substitute decision-making regimes to which persons with cognitive and mental health disabilities historically have been relegated in law and policy. This special series examines emergent issues involving SDM in areas of research, law, and policy. It examines SDM from U.S. and comparative law, research, and policy perspectives, as recognized in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, and from the perspective of the lived experience.
支持决策(“SDM”)是一种新兴的范式,人们利用朋友、家人和专业人士来帮助他们理解和解决日常生活中遇到的情况和选择。SDM的目的是使个人能够最大限度地做出自己的决定,以增强自决权。SDM是过度限制的监护或替代决策制度的替代方案,认知和心理健康残疾者在法律和政策上历来被降级。本特别系列探讨涉及SDM在研究、法律和政策领域的紧急问题。它从《联合国残疾人权利公约》第12条承认的美国和比较法、研究和政策的角度,以及从生活经验的角度,审查了SDM。
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引用次数: 7
Employment Patterns of SSI-First Awardees Who Enter SSDI After Achieving Disability-Insured Status SSI第一批获得者在获得残疾保险后进入SSDI的就业模式
IF 1.6 4区 医学 Q3 REHABILITATION Pub Date : 2021-06-16 DOI: 10.1177/10442073211022257
Jessica N Laird, Yonatan Ben-Shalom, Priyanka Anand
This article uses administrative data from the Social Security Administration to explore the employment patterns and characteristics of individuals awarded Supplemental Security Income (SSI) benefits between 2001 and 2009 who later became disability insured and qualified for Social Security Disability Insurance (SSDI). While these individuals are a small portion of all SSI and SSDI beneficiaries, they are particularly interesting because they demonstrate a desire and ability to work despite the health conditions that make them eligible for disability benefits. On average, 2.3% of SSI-first awardees enter SSDI after they become disability insured within 5 years of their SSI award. These SSI awardees are younger than other SSI awardees and are more likely to achieve work-related milestones during the 5 years after SSI award. Although awardees in this group show signs of an ability to work, they gradually start dropping out of the labor force starting 5 months before SSDI benefits begin and drop out in greater numbers through the first year of SSDI benefits. This suggests that some of them may work enough to achieve disability-insured status but stop when they enter SSDI.
本文使用社会保障管理局的行政数据,探讨了2001年至2009年间获得补充保障收入(SSI)福利的个人的就业模式和特征,这些人后来成为残疾保险人并有资格参加社会保障残疾保险(SSDI)。虽然这些人在所有SSI和SSDI受益人中只占一小部分,但他们特别有趣,因为他们表现出了工作的愿望和能力,尽管健康状况使他们有资格获得残疾福利。平均而言,2.3%的SSI首次获奖者在获得SSI奖后5年内成为残疾保险人后进入SSDI。这些SSI奖获得者比其他SSI奖得主更年轻,更有可能在SSI奖授予后的5年内实现与工作相关的里程碑。尽管这一群体中的获奖者表现出了工作能力的迹象,但他们从SSDI福利开始前5个月开始逐渐退出劳动力队伍,并在SSDI福利的第一年中大量退出。这表明,他们中的一些人可能工作到足以获得残疾保险身份,但在进入SSDI时就停止了。
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引用次数: 0
Disability Policies and Management in Bolivia: Changes and Challenges 玻利维亚的残疾政策和管理:变化和挑战
IF 1.6 4区 医学 Q3 REHABILITATION Pub Date : 2021-06-10 DOI: 10.1177/10442073211021987
Marta García-Domingo, Virginia Fuentes, Y. M. D. L. F. Robles, J. Muyor
The Plurinational State of Bolivia has experienced significant social changes with a growing commitment toward policies that favor vulnerable populations. Acknowledging movements led by people with disabilities to promote progress in social policies is a crucial task. The public sector has responded to the demands and needs of this population through recognition and promotion of their rights. Nevertheless, to ensure progress, we must support the voices of the stakeholders and promote their participation in identifying the strengths and weaknesses of the system, and the real needs and demands of people with disabilities in Bolivia. To this end, in this study, we gathered statements of key informants, using a focus group technique. The results of the data analysis indicate an increase in social awareness and recognition of the needs of this collective and the importance of their full inclusion in society. However, there is a distortion in the application of certain assistance and inclusion policies in favor of people with disabilities because these policies do not have their intended impact.
多民族玻利维亚国经历了重大的社会变革,对有利于弱势群体的政策作出了越来越大的承诺。承认残疾人领导的促进社会政策进步的运动是一项至关重要的任务。公共部门通过承认和促进这些人口的权利,对他们的要求和需要作出了反应。然而,为了确保取得进展,我们必须支持利益攸关方的声音,并促进他们参与确定该系统的优势和劣势,以及玻利维亚残疾人的实际需求。为此,在本研究中,我们使用焦点小组技术收集了关键举报人的陈述。数据分析的结果表明,社会对这一群体的需要以及充分融入社会的重要性的认识和认识有所提高。然而,在某些有利于残疾人的援助和包容政策的应用中存在扭曲,因为这些政策没有产生预期的影响。
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引用次数: 1
Exploring the Relationship Between Impairment and Disability in Great Britain: Evidence From the Life Opportunities Survey 英国残疾与残疾关系探讨——来自生活机会调查的证据
IF 1.6 4区 医学 Q3 REHABILITATION Pub Date : 2021-06-09 DOI: 10.1177/10442073211021532
Melanie K. Jones, E. Saloniki
Academic and government policy evidence that quantifies the disadvantage experienced by people with disabilities in the United Kingdom relies on “global” self-reported measures of disability available in large-scale national surveys. Understanding who is captured by such measures and the “process of disablement” is therefore vital. This article applies multivariate regression analysis to nationally representative and uniquely rich data for Great Britain from the Life Opportunities Survey (2009–2011) to investigate the relationship between a well-established measure of activity-limiting disability and the type and severity of impairment. Conditional on personal characteristics, the risk of disability is found to increase with the presence and severity of impairment. It also varies dramatically by impairment type, being highest for those with impairments relating to mobility and mental ill-health, and lowest for impairments relating to vision and hearing.
量化英国残疾人所经历的不利处境的学术和政府政策证据依赖于大规模国家调查中提供的“全球”自我报告的残疾衡量标准。因此,了解谁被这些措施和“致残过程”所俘虏至关重要。本文将多元回归分析应用于英国生命机会调查(2009-2011)中具有全国代表性和独特丰富的数据,以调查活动受限残疾的既定衡量标准与损伤类型和严重程度之间的关系。根据个人特征,发现残疾风险随着损伤的存在和严重程度而增加。它也因损伤类型而异,与行动能力和心理健康相关的损伤最高,与视力和听力相关的损伤最低。
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引用次数: 0
Do Disability Policies Shape How People Perceive Work Limitation? An International Perspective 残疾政策会影响人们对工作限制的看法吗?国际视野
IF 1.6 4区 医学 Q3 REHABILITATION Pub Date : 2021-04-27 DOI: 10.1177/10442073211010135
N. Yin, Frank W Heiland
This study explored the role that cross-country disability policy differences play in shaping individuals’ work limitation reporting styles. We used anchoring vignettes available in comparable U.S. and European survey data to test and adjust for reporting differences in self-reported work limitation measures. We found that disability policy generosity scores showed statistically significant predictive power for respondents’ work limitation classification scales, with the association stronger and more statistically significant at the lower end and the middle of the scale. That is, respondents under more generous disability regimes tended to apply a more inclusive (i.e., lenient) scale in classifying a mild, moderate, or severe work limitation. Because there is no natural interpretation of the magnitude of the correlation, we conducted counterfactual policy simulations to illustrate the strength of the association; for example, if the United States were to adopt more generous disability policies such as those in Sweden, there might be an associated increase of more than 36 percentage points in the proportion of Americans age 50 years and above reporting work limitation (of any severity). This research contributes to a better understanding of the role of disability policy in reporting heterogeneity in comparative disability research, an area that has been seldom studied.
本研究探讨了跨国残疾政策差异在塑造个人工作限制报告风格方面的作用。我们使用了可比较的美国和欧洲调查数据中的锚定小片段来测试和调整自我报告的工作限制措施的报告差异。研究发现,残障政策慷慨度得分对被调查者的工作限制分类量表具有统计学显著的预测力,且在中低端量表的相关性更强,统计显著性更强。也就是说,在更慷慨的残疾制度下的答复者倾向于在分类轻度、中度或严重的工作限制时采用更具包容性(即宽松)的尺度。由于对相关性的大小没有自然的解释,我们进行了反事实政策模拟来说明这种关联的强度;例如,如果美国像瑞典那样采取更慷慨的残疾政策,那么50岁及以上的美国人报告工作限制(任何严重程度)的比例可能会相应增加36个百分点以上。这项研究有助于更好地理解残疾政策在比较残疾研究报告异质性中的作用,这是一个很少研究的领域。
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引用次数: 0
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Journal of Disability Policy Studies
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