Book contents
- Discrimination, Copyright and EqualityOpening the E-Book for the Print-Disabled
- Cambridge Disability Law and Policy Series
- Discrimination, Copyright and Equality
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Introduction
- 1 How Technology Has Created the Possibility of Opening the Book: From Hard Copy to E-Books
- 2 Access to Information Communication Technologies, Universal Design and the New Disability Human Rights Paradigm Introduced by the Convention on the Rights of Persons with Disabilities
- 3 The Weakening of the Exception Paradigm: The World Intellectual Property Organization Changes Path with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
- 4 The Role of Copyright Laws in Restricting Access to Information and Contributing to the Book Famine
- 5 Exceptions to Rights-Holders’ Exclusivity Provides Limited Relief from the Disabling Impact of Copyright
- 6 Anti-Discrimination Laws Help Protect Persons with Disabilities against Digital Disablement, but Who Qualifies for Protection?
- 7 Causing Digital Disablement Is Not a Trigger for Regulation by Anti-Discrimination Laws: Ignoring Capacity in Favour of Prescribed Relationships
- 8 The Prohibition against Discrimination: Regulating for Equality through Retrofitting Inaccessible Systems
- 9 Introducing Positive Duties in Promoting Equality Outcomes for Persons with Disabilities: The United Kingdom Public Sector Equality Duty Reducing Digital Disablement
- 10 The Right to Digital Equality in Action: Protections under the Canadian Charter of Human Rights and Freedoms and Human Rights Acts
- 11 United States Regulatory Interventions Targeting Disability-Inclusive Digital Environments
- 12 The Enforcement of Legal Duties: Protecting Copyright or Promoting Reading Equality?
- Closing Thoughts and New Options to Reduce Digital Disablement
- Appendix: List of Anti-Discrimination and Civil Rights Laws and Tribunals/Commissions Impacting on Disability in the Federal and State/Province Jurisdictions in Australia, Canada, the United Kingdom and the United States
- Index
9 - Introducing Positive Duties in Promoting Equality Outcomes for Persons with Disabilities: The United Kingdom Public Sector Equality Duty Reducing Digital Disablement
Published online by Cambridge University Press: 01 June 2017
Book contents
- Discrimination, Copyright and EqualityOpening the E-Book for the Print-Disabled
- Cambridge Disability Law and Policy Series
- Discrimination, Copyright and Equality
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Introduction
- 1 How Technology Has Created the Possibility of Opening the Book: From Hard Copy to E-Books
- 2 Access to Information Communication Technologies, Universal Design and the New Disability Human Rights Paradigm Introduced by the Convention on the Rights of Persons with Disabilities
- 3 The Weakening of the Exception Paradigm: The World Intellectual Property Organization Changes Path with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
- 4 The Role of Copyright Laws in Restricting Access to Information and Contributing to the Book Famine
- 5 Exceptions to Rights-Holders’ Exclusivity Provides Limited Relief from the Disabling Impact of Copyright
- 6 Anti-Discrimination Laws Help Protect Persons with Disabilities against Digital Disablement, but Who Qualifies for Protection?
- 7 Causing Digital Disablement Is Not a Trigger for Regulation by Anti-Discrimination Laws: Ignoring Capacity in Favour of Prescribed Relationships
- 8 The Prohibition against Discrimination: Regulating for Equality through Retrofitting Inaccessible Systems
- 9 Introducing Positive Duties in Promoting Equality Outcomes for Persons with Disabilities: The United Kingdom Public Sector Equality Duty Reducing Digital Disablement
- 10 The Right to Digital Equality in Action: Protections under the Canadian Charter of Human Rights and Freedoms and Human Rights Acts
- 11 United States Regulatory Interventions Targeting Disability-Inclusive Digital Environments
- 12 The Enforcement of Legal Duties: Protecting Copyright or Promoting Reading Equality?
- Closing Thoughts and New Options to Reduce Digital Disablement
- Appendix: List of Anti-Discrimination and Civil Rights Laws and Tribunals/Commissions Impacting on Disability in the Federal and State/Province Jurisdictions in Australia, Canada, the United Kingdom and the United States
- Index
Summary
This Chapter analyses how the emergence of positive duties in anti-discrimination laws can help reduce digital disablement for persons with print disabilities. Chapter 6 analysed the threshold definitions to determine who qualifies as disabled in Australia, Canada, the United Kingdom and the United States. Chapters 7 and 8 then analysed the coverage and operation of traditional anti-discrimination duties in Australia, the United Kingdom and the United States. The anti-discrimination duties in Australia, the United Kingdom and the United States prohibit discrimination in certain situations and require very little proactive conduct from duty holders. Beyond reasonable accommodations and adjustments, these duties are constructed as prohibitions or negative duties. While these duties assist in reducing the instances of discrimination, they fall far short of achieving equality. Prohibitions and reasonable accommodations and adjustments do not unsettle existing disabling practices. this chapter will use the public sector equality duty found in the United Kingdom as a case study of how positive duties in anti-discrimination laws can help promote digital equality in the area of information communication technologies.
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- Discrimination, Copyright and EqualityOpening the e-Book for the Print-Disabled, pp. 233 - 255Publisher: Cambridge University PressPrint publication year: 2017