On one end of the spectrum, the Supreme Court said that a policy of forcing people to move would be unreasonable. As one of the judges rights pointed out, the law should not normally seek to sanction lawful but inconsiderate behaviour, nor should it normally enforce basic standards of decency and courtesy. If a passenger refused to make way for a wheelchair, the Supreme Court said additional steps to pressurise the non-wheelchair user to move should be considered.
For example, if there was other space on the bus, they could rephrase the request as a requirement, or could refuse to drive on for a few minutes. One judge suggested that the law should be changed to oblige non-wheelchair users, enforceable in the same way as the rule against anti-social behaviour, to move unless the driver reasonably considers that they have a sufficient reason not to do so. The Supreme Court was unanimous in deciding that the policy was discriminatory. However, it was split on whether or not Mr Paulley should receive damages.
This is because it could not be shown that, in this case, a different policy would have made any difference. The other 3 judges said that, had the bus company had a more forceful policy, there was a real prospect the passenger would have moved and Mr Paulley would have been able to travel, and therefore he should be entitled to damages.
This decision has implications for all service providers, for example other public transport such as trains, car parks, and places with disabled toilets. Companies with such facilities will now have to make sure that their policies go far enough. It also puts a lot of onus on the driver or other service provider to implement such policies and adequate training will need to be provided.
Anyone miss the no. Happy Human Rights Day! Lots of news passed by under the shadow of Gina Miller's challenge…. The news this week included a new 'right to die' legal case. It will be the first legal challenge to the law on assisted suicide…. It's Human Rights Day !
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Bradley, ; for critique, see Elman, ; Slater, , as well as policy, practice Finn, and popular discourse Elman, ; Slater, As the instability of youth must be overcome to reach the security of adulthood, through youth, questions of adulthood futures emerge, often based around future paid work, heterosexual relationships and parenting Slater, Yet, the questions that are asked or indeed, not asked vary dependent upon identity, embodiment and social positioning.
As Freyja explains, reflecting on her experiences as a disabled young woman:. At family gatherings I felt the worst. My cousins who were similar ages to me were asked by relatives about their future plans: whether they had a boyfriend, if they were going overseas, and what they were planning on doing after college. Disabled young people are therefore often denied the questions commonly asked to their non-disabled peers.
Furthermore, Sothern , p.
Although not focusing specifically on disability, Lesko takes a different approach to examining youth and adulthood. For Lesko, questions of adulthood futures are not separate or peripheral to our understandings of youth, but integral to them. Disciplining technologies such as schools, families and youth services work differently to shape the incomplete, irrational, unproductive, desexualised child, into the complete, rational, productive, and hetero sexual, adult, particular to a time and place.
To contextualise her argument, Lesko highlights that the concept of adolescence was first acknowledged at a time of American colonisation at the turn of the twentieth century. Policies and practices worked in particular racialised and gendered ways. One way of doing this was to encourage boys to take part in team sports. This gendered focus reified the binary between young men and women, and worked to further establish a heteronormative order. Notwithstanding Lesko's productive analysis, disability is not addressed in her work. To be able and adult was also to be white and male Lesko, The paper now turns, therefore, to further Lesko's work by centring ableism in our exploration of adulthood.
According to Campbell , p. Much disability studies research around disabled young people rightly highlights the disablist practices in the lives of young disabled people Goodley, Bullen, Rather than considering specific disablist practices taking place within youth or adulthood, however, in this paper we are considering the ableist heteronormativity of adulthood constructs and how this restricts the possibilities of becoming for young disabled women at the border zone of youth. Considering adulthood through a lens of ableism, however, also highlights how adulthood functions in relation to other forms of social positioning gender, class, race, sexuality and so on.
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Campbell , p. Butler , p. Just as Butler claims the heterosexual ideal to be performative, McRuer argues that the ideal able-bodied identity can never fully be achieved. He also highlights that disabled people are rarely considered to be normatively gendered or sexual see also Gill, Rather, they are often understood as queer: never fully able to achieve heterosexuality, and always understood paradoxically as either asexual or hypersexual see also Liddiard, Yet, here McRuer uses queer in the sense of transgression and resistance from the norm, rather than in relation to a specific identity.
We had many conversations around the entwined workings of ableism and gender performativity, whilst Jen was in Iceland. Indeed, there was no initial expectation of heterofemininity there for young disabled women to resist. Therefore, whilst Jen could make a decision to not put on make-up and get dressed up on a night out, Embla and Freyja took the political decision to assert themselves as gendered and sexual beings through a performance of femme.
Yet, although the decision was indeed a conscious politicisation to assert disability in the realms of womanhood something which we return to in the penultimate section , it required constant self-surveillance. Sothern , p. We turn now to use case studies of two young women with intellectual impairments, Ashley X and Marie Adams, to illustrate how ableist, heteronormative discourses of adulthood can lead to non-consensual bodily intervention for disabled young women. As we cannot separate disability, gender and sexuality from classed and raced understandings of adulthood, in the final part of this section we explicitly address how class and race also mediate understandings of normative womanhood and adulthood.
Hall, , p. For Kafer , p. In this story, we see disability linked with non-normative sexuality and a childlike state of being. The article explains that there was no attempt to engage Marie in informed discussions of sex and sexuality.
With support from her self-advocacy group, mother and academic advocates, Marie resisted sterilisation. Such arguments, however, not only remove blame from violent perpetrators and place responsibility upon women, but increase the likelihood of abuse, as much abuse is perpetrated by male family and staff members, who presumably realise their persecution is reduced as detection through pregnancy will not occur McCarthy, , p. Our argument so far is that the ableism and heteronormativity of adulthood restricts how young disabled women can live their gendered and sexual lives.
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For young disabled women, particularly those with labels of intellectual impairment, being understood outside of normative constructs of womanhood can be dangerous. Questioning the essentialism of such labels is important as it further separates markers of adulthood and indeed womanhood from innate ways of being, and instead positions them as a product of unequal societies. Furthermore, it highlights the relevance of classed and racialised perspectives to those of gender, sex, sexuality and disability. Similarly, Embla, Freyja and Jen are all white and none of us is poor.
Although the way we present ourselves can be a conscious act of resistance, this resistance is functioning within larger systemic constraints which deem our bodies a locus of social control Ndopu, With the above complexities in mind, we nevertheless want to end with a more positive, and perhaps more subversive, account of our trip downtown. Yet, McRuer a , b argues that like the heterosexual ideal, the performativity of ability has been normalised, naturalised, to the extent that it goes unnoticed. The normative expectation on Jen as a young non-disabled woman is to perform heterofemininity.
A performance of this heterofemininity, however, would not emerge as an utterance, but a silence. As we have seen, for disabled young women, the expectation is not to cross into normative adulthood by meeting gendered and sexual norms, but to remain the genderless, desexualised eternal child. Therefore, it is through a performance of femme that her embodiment acts as resistance. In this paper, we have argued that adulthood is a social construct, based on ableist and heteronormative ideals.
This has consequences for all young people in attempting to cross the border zone of youth. Yet, we have addressed the specific consequences for disabled young women. Whereas for many young people, the transition between youth and adulthood comes with expectation of hetero sexual coupling, work and family prospects, disabled young women are rarely understood within normative constructs of gender, sexuality and adulthood, and are therefore denied such expectation. This can be dangerous: leading to paternalism and, in some cases, non-consensual bodily intervention.
We have also argued, however, that the solution is not simply to argue young disabled women into normative constructs of adulthood gender and sexuality. There are several reasons for this. First, even if some young disabled women are accepted within normative constructs, for other young disabled women acceptance within normativity seems unlikely.
Arguing disabled young women into heteronormative expectation further marginalises — and even renders unintelligible — queer disabled people. Finally, reinforcing normativity restricts the ways that young disabled people are able to resist the ableism and heteronormativity of adulthood. As we saw in the story of heading downtown, playing with gender, or simply resting from the undeniable activism of being disabled and femme, did not feel like an option for Embla and Freyja.
The paper has also demonstrated, therefore, the complexities and nuances of active resistance to adulthood normativity. We call, therefore, for careful readings and interrogations of adulthood which pay attention to how the intersections of gender, sexuality, disability, race, class and global positioning, mediate how adulthood — and indeed a resistance to adulthood — can play out. Their research focuses on issues of disability, gender and the body. She has a BA in sociology with gender studies as a minor. Embla identify as a disabled and queer feminist activist. Freyja has for the last decade been in a leading role in disability activism in Iceland and is the former director of the first Independent Living Centre in Iceland.
However, we have left woman in here to recognise Jen's past relationship with woman and the fluidity of gender more broadly.
This paper, however, offers the fullest analysis. When we use the term disability without a forward slash , we are following the social model definition of disability, referring to a marginalised and politicised group of people who are disabled by society. National Center for Biotechnology Information , U. Fem Psychol.
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Published online Aug 8. Author information Copyright and License information Disclaimer. Email: ku. Abstract This paper considers young disabled women navigating ableist and heteronormative constructs of adult womanhood. Keywords: youth, adulthood, disability, queer, crip. Setting the scene This paper is framed around a story set on a cold, blustery and wet, February Friday night in Reykjavik, Iceland.
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Story recorded in research diary, 4 February Our aim in this paper is not to tell the story of that night out which continued enjoyably, but fairly unremarkably. How we came to write this paper The paper uses a mixture of illustrative case study examples, theoretical explorations and conversations between the three authors to argue the dangers of ableist and heteronormative adulthood. Contextualising adulthood: Critiques from disability studies The vignette in the introduction tells the story of three young women going downtown on a Friday night in Reykjavik.
As Freyja explains, reflecting on her experiences as a disabled young woman: At family gatherings I felt the worst.