78229 Disability and the Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies) AND 70311 Torts) OR (70107c Principles of Company Law AND (94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 76010 Disability and the Law AND 78230 Disability and the Law
Description
This subject explores disability and impairment as a legal category. Students are introduced to the various competing models of disability including: the medical model, the social construction model, the human rights model and bioethical, feminist and postmodern approaches to disability. In so doing, the subject takes an interdisciplinary and international comparative approach to conceptions and theories of disability and impairment. Students examine the practical implications of these models for the construction of legal rights and responsibilities with respect to persons with disabilities in a number of key areas of law. These include health law, tort law, criminal law, international law and anti-discrimination law. Specific issues examined include: constraints on reproductive decision making, end of life decision making; the therapy/enhancement distinction and body modification, the UN Declaration of Human Rights, the UN Convention on the Rights of Persons with Disabilities and various state and federal anti-discrimination legislation. Key issues that students need to examine are the concepts of normal and disabled, healthy and diseased and able-bodied and impaired. This subject examines and evaluates how law can best achieve the goals of social justice and equality for individuals with disabilities.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate a critical, analytical and cross disciplinary approach to legal categories; |
|---|---|
| 2. | clearly articulate the key aspects of disability discrimination law in Australia/internationally, as well as core concepts of disability studies theory, and critical legal theory, |
| 3. | critically analyse the law relating to treatment decisions; |
| 4. | understand the law regulating the use of prenatal and preimplantation genetic testing for disability and reproductive decision making; |
| 5. | synthesise complex theoretical and legal material and communicate analysis to others. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1) - Self management
The ability to implement appropriate self-management and lifelong learning strategies including:
a. An ability to undertake and initiate self-directed work and learning;
b. Well-developed judgment and responsibility as a legal professional in a broader social context;
c. The ability to support personal and professional development by:
(i). Reflecting on and assessing their own capabilities, wellbeing and performance;
(ii). Making use of feedback as appropriate;
(iii). Identifying and accessing appropriate resources and assistance; and
(iv). Making use of resources and support in developing resilience; and
d. A capacity to adapt to and embrace change and a commitment to ongoing learning. (LAW.8.1)
Teaching and learning strategies
Strategy 1: Preparation for professional legal practice
By completing readings and preparatory work specified on UTS Online prior to each class, students establish a strong foundational understanding of key legal issues impacting those with disabilities. Preparation allows students to better engage with complex content. As part of preparation, students are required to respond to questions prior to class. Students receive ongoing feedback on their understanding of core concepts by active participation in class discussion, which involves engaging with the teacher and peers.
Strategy 2: Collaborative, flipped learning through interactive engagement
Collaborative learning is an important and useful strategy to build upon a student’s foundational understanding obtained via class preparation. Seminars in this subject emphasise an interactive approach driven by group discussion of topics pertinent to disability and the law. Students are encouraged to pose questions, propose interpretations of relevant legal theories and models of disability and deepen their understanding of legal and theoretical issues.
In addition, students are required to undertake presentations in class on assigned readings. This allows students to engage in ‘flipped’ learning by leading the class on their assigned readings. Students improve their oral communication skills as well as demonstrate their ability to synthesise relevant material coherently and clearly. Students work in groups on their assigned presentation, responding to questions and defending their understanding of the law.
Strategy 3: Active learning through mini-lectures
Structured mini-lectures occur in some sessions allowing students to gain a foundational understanding of relevant law and concepts to supplement their preparatory work. These mini-lectures provide direction for the students’ readings for the following class, as well as an opportunity to request clarification or ask questions of the lecturer in a formal context.
Strategy 4: Feedback to encourage critical reflection and self-improvement
Feedback is provided throughout the session by teachers and peers. Feedback comes in a number of forms, including responses to completed preparatory questions and discussion during class. Students are also encouraged to deepen their understanding of subject content by posing questions to teachers and peers throughout the session. Formal feedback is provided by teachers for each assessment. Informal feedback is provided via in class and online discussion with peers and the teacher.
Content (topics)
- Introduction and defining disability
- Disability Theories
- First Peoples, Disability and Intersectionality
- Disability and Discrimination Law
- Disability and Crime
- Convention on the rights of persons with disability (CRPD), human rights and Disability Justice
- NDIS
- Disability and immigration (short topic)
- Disability and “enhancement” (short topic)
- Reproductive rights for people with disability
- Reproductive testing pre and post conception
- Consent, capacity and end of life decision-making
- Disability and the right to sexual expression
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.5.1 and LAW.6.1 |
|---|---|
| Weight: | 10% |
| Length: | 500 words (nominal) |
| Criteria: |
|
Assessment task 2: In class Group Presentation/Facilitation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.5.1 and LAW.6.1 |
|---|---|
| Weight: | 30% |
| Length: | 1500 words (nominal) |
| Criteria: |
|
Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.8.1 |
|---|---|
| Weight: | 60% |
| Length: | 3000 words |
| Criteria: |
|
Required texts
Most of the readings for this subject will either be directly available by link through the subject outline or in the Library DDR. Additional readings will be posted on UTS Online.
Other resources
The Faculty of Law's Guide to Written Assignments can be downloaded.