Laws, Rights, And Norms

Legal systems reflect the cultural norms that shape laws with respect to disability and access. By taking a theoretical and empirical approach to disability rights, it is possible to assess how basic functionings and freedoms are affected by laws, rights, and norms. This chapter examines how the Convention on the Rights of Persons with Disabilities (CRPD) and Federal Law No. 29 differ significantly in their approach to social inclusion (i.e., social protectionism vs. human rights) and assesses what levels of progress were achieved in the implementation and enforcement of the national laws at local levels. In many instances, Federal Law No. 29 can be seen to have fallen short of the guidelines outlined by the CRPD. At a fundamental level, the federal law characterizes disability as a failure in the capacities of the individual regardless of their environment. A clear example can be seen in the federal law which emphasizes a protectionist approach to independent living and community involvement, in stark contrast to the CRPD's Article 19 that outlines a rights-based model. Dubai's local-level law on disability passed in 2014 presents a strong alternative by shifting the focus to rights, equity, and access.