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2016 Fiscal Year Final Research Report

Disability Discrimination based on Facial Disfigurements in the Americans with Disabilities Act (ADA)

Research Project

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Project/Area Number 26590121
Research Category

Grant-in-Aid for Challenging Exploratory Research

Allocation TypeMulti-year Fund
Research Field Social welfare and social work studies
Research InstitutionWakayama University (2015-2016)
Doshisha University (2014)

Principal Investigator

NISHIKURA Miki  和歌山大学, 教育学部, 准教授 (20573611)

Project Period (FY) 2014-04-01 – 2017-03-31
Keywords障害の社会モデル / 容貌の障害 / ADA
Outline of Final Research Achievements

I examined the definition of disability under the Americans with Disabilities Act (ADA) and discussed possible implications of the analysis of the ADA for the Japanese disability discrimination Policy.
Many plaintiffs were not recognized as having disabilities and could not criticize disability discrimination based on the ADA, because the Court interpreted narrowly the concept of disability contrary to the purpose of the law. In light of the experience of the ADA, the Japanese government should adopt the broad definition of disability in line with social model of disability and protect not only persons whose social disadvantages are caused directly by merely impairments but also persons whose social disadvantages are caused by interaction between impairments and social barriers.

Free Research Field

社会学

URL: 

Published: 2018-03-22  

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