FWD Retrospective Week: Policy Edition
Welcome to FWD retrospective week! We’ve taking a look back at some of our favourite posts on a variety of themes over the next week.
Forced institutionalisation is not the only denial of rights and autonomy to people with disabilities that people think of as a thing of the past and believe doesn’t need to be addressed, countered, or fought any more. As a result, when we attempt to have conversations about these very real, very structural, and very present issues, we meet rhetoric like ‘oh, well, that doesn’t happen anymore, right? It sure was sad when it did, though.’
(Related: So, When Will You Have the Money?)
People say this is ‘unequal treatment’ and that ‘if you want to be treated like everyone else, you need to be held to the same standard.’ What they miss is that the standard is inherently discriminatory and biased. Holding everyone to the same standard is effectively an act of discrimination, because it demands that people fit into a mold they can never fit into, reach goals they can never attain, because the deck is stacked against them from the start.
Given that this waste is supposedly ‘nontoxic,’ why were cleanup workers wearing protective suits? Given that this waste is supposedly ‘nontoxic,’ why are people who have been exposed to it getting sick? Given that this waste is supposedly ‘nontoxic,’ why is care being taken to ensure it doesn’t end up in privileged communities?
The findings of the report on California’s prisons recommend that the most effective way to improve access to health care for California inmates is to reduce the prison population by releasing inmates. Early release has already been promoted to deal with overcrowding as well as budget problems. However, we also need to approach this from the other side; it’s important not just to reduce the prison population, but to put fewer people in prison in the first place. This requires a major overhaul of California’s mandatory sentencing laws and approach to law enforcement, both of which are long overdue.
The intersections with disability here are rather clear. For one thing, there are some intersections between homelessness and disability, because some homeless people are, for example, mentally ill or have disabling physical problems. Do either of these things make them unworthy of compassion, or not human? Of course not, but from the way this proposed ordinance is designed, it is, on a very basic level, criminalizing homelessness even more than it is already criminalized (not to mention socially stigmatized), while taking extra “common sense” steps to avoid citing non-homeless people for an offense.
It’s Always More Complicated: The “Justified” Abortion (I have snuck this in under policy even though it doesn’t really fit.)
I deeply resent the way anti-choice advocates point at people with disabilities and talk about how they’ll all be eliminated if we allow abortion-on-demand. The sheer amount of hate directed at Don when he goes to pro-choice rallies by the anti-choice contingent, because they see him as a traitor to their cause, is amazing to me.
And yet, many pro-choice advocates also use people with disabilities as pawns in these so-called debates. They hold up stories of fetal abnormalities as “justified abortion”, as the acceptable test-case, the one they know the general public is likely to agree with. I see no analysis, no discussion, of the ableist nature of this narrative. It’s an acceptable justified abortion because the fetus was abnormal, and who wants a broken child that’s going to ruin everyone’s life?
Now, I Am Not A Lawyer, and it’s been about 10 years since I studied the Charter, so I’m going to leave that out there and not discuss my personal interpretations because they don’t matter. What matters is two things: 1) What the court says and 2) That the Federal Government is arguing that they shouldn’t have to be accessible to screen readers in court.
The latter is, of course, being read as Jodhan wasting tax payers money in a frivolous lawsuit, not the Federal Government for refusing to have accessible content.
If anyone believes airline security operators for a second when it comes to future commitments to respect the privacy of airline travellers? I’ve a harbour bridge I’d like to sell you. […] I give it 24 hours before clandestine mobile phone images of travellers with marginalised bodies show up on the Internet.
Caroline uses a communication book to communicate, but her communication book did not have the vocabulary she needed to describe what had happened to her.
Make no mistake, the assistance provided in assisted outpatient treatment is the armed force of the state ensuring that persons who fall under the purview of this law and those like it comply with any and all aspects of the court-ordered treatment plan. Assisted outpatient treatment is strictly from Minority Report — the person needs have no actual history of violence and need not be judged to be in immanent danger of harming ouself or others.
Because predators aren’t just at universities and colleges. All those uni students will leave school eventually. Not all predators even go to uni. They will all be looking for targets. Not only will they choose targets that are vulnerable and have a low risk of incurring negative consequences, they will seek out environments where there are large concentrations of their preferred targets. They will search for jobs where they will be in positions of authority over those targets. Predators that prefer children try to get jobs in schools or in religious settings. Predators that prefer disabled people, mentally ill people, or elderly people look for work in hospitals and supportive care facilities. Predators that prefer sex workers become pimps or police.
At the end of the day, though, policy is literally life and death. Whether a mentally ill teenager gets tased or shot by a police officer depends on law enforcement policy, training, and management. Whether a PWD can afford and access the medications and equipment they require to live. Policy determines how and why and for how long and under what circumstances people are institutionalized. Whether and how they are protected from abuse and neglect from caretakers and family. Whether and when and how they have children.
So have we created the right policy? The best policy? A good policy? I don’t know. Our review of the policy gave us only a little bit of answer and a whole lot of questions. It turns out that’s often how policy works, and the kinds of problems with this policy are the same kinds of problems we see in a lot of policies. There’s the problem of specificity – how do you write a policy that says exactly what you want? There’s the problem of implementation – how do you get people to do what the policy says? And then there’s the problem of enforcement – how do you make sure that people are really following the policy? It’s easy to make sure that the rules apply to the most extreme examples – the Guatemalas, and Tuskegees, theMilgrams and the Stanford Prison Experiments – but it’s harder to address the cases nearer the line between ok and not ok.
I strongly support these programs and have been very excited to see them gaining traction in LA. (we have project 50 in downtown LA, project 30 in the San Fernando Valley, and others pending right now.) I also think these programs are of special interest from a disability perspective because of the extremely high prevalence rates of mental and physical disabilities among the long-term chronic homeless, and the way these disabilities make it difficult, if not impossible, for this group of homeless people to move towards stable permanent housing.
Nothing like being billed $15,000 at 13.9% interest for a medical procedure you did not sign up for and for which you had no actual medical need!