Michael Ashley Stein
Datos Biográficos
| ID | 370240 |
|---|---|
| NOMBRE | Michael Ashley Stein |
| NOMBRES | Michael Ashley |
| APELLIDO | Stein |
| FIRMA | STEIN M A |
| AFILIACIONES | Harvard University Press |
| ORCID | 0000-0001-9564-7461 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 41 |
| TOTAL DE CITAS | 50 |
| TOTAL COMO AUTOR | 39 |
| TOTAL COMO EDITOR | 2 |
| PRIMER AÑO DE PUBLICACIÓN | 2000 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2025 |
| ÍNDICE H | 5 |
I had the full support of my family! This family support tops everything else’
This study aims to explore the significance of facilitators for Arabs with disabilities to lead meaningful, independent, and dignified lives by applying self-efficacy theory and the ecological model in a resource-poor environment. Semi-structured in-depth interviews of fifteen Arabs with physical, visual, and psychiatric disabilities who live in the community were conducted. Thematic analysis revealed two major themes, focusing on facilitators fo…
Disability human rights standards before the European Court of Human Rights—false convergence and methodologically-driven divergence
The UN Convention on the Rights of Persons with Disabilities (CRPD) has positively impacted the European Court of Human Rights (ECtHR). Overall, the ECtHR has delivered significant judgments in favour of persons with disabilities and is moving towards a disability-sensitive interpretation of facts. However, in specific areas such as legal capacity, inclusive education, voting, and involuntary treatment, the ECtHR has sharply distanced itself from…
Disability, Race, and Health Beyond the Carceral State
A review of Embodied Injustice: Race, Disability, and Health. By Mary Crossley
Reducing Disparities Through Online Accessibility Information
This Viewpoint describes the need for more health care organizations to include disability accessibility information on their websites and to improve physical access for patients with disabilities
The experiences of Palestinian Arabs with disabilities in Israel
Purpose Israel ratified the United Nations Convention on the Rights of Persons with Disabilities and has subsequently worked towards putting disability-empowering policies and facilities in place. This study explores the experiences of Palestinian Arab citizens of Israel with disabilities in everyday life including education, employment and accessing disability facilities and services. Design/methodology/approach This study explores the challenge…
The role of the scientific community in strengthening disability-inclusive climate resilience
NGOs and the Promotion of the Sexual and Reproductive Rights of Girls and Young Women with Disabilities in Zimbabwe
This case study investigates strategies used by the NGO Leonard Cheshire Disability Zimbabwe (LCDZ) to promote the SRHRs of girls and young women with disabilities in Zimbabwe. The findings show that LCDZ employed a combination of six strategies. These are: (1) building practical knowledge on SRHRs; (2) increasing community awareness and sensitivity; (3) providing SRHRs-related education; (4) enhancing access to justice and related services for s…
I am an Arab Palestinian living in Israel with a disability’
This article examines Arabs with disabilities living in Israel. Centring their experiences and voices, it argues that the group’s marginalisation is predominantly shaped by the ongoing political conflict. Arabs in Israel suffer deep social and institutional marginalisation on the basis of their ethnic identity and perceived threat and opposition to the state. Arabs with disabilities are neither exempted nor alleviated from this discriminatory fra…
Self-Perspectives on Marriage Among Arabs With Disabilities Living in Israel
This study aims to examine the subjective perspectives on marriage of Arabs with disabilities living in Israel. Semi-structured interviews were conducted among 15 Arabs in Israel with physical, visual impairment, and mental disorders. Themes were generated using thematic analysis. Two main recursive and intertwined themes emerged: reflections about marriage and the reality of marriage. The real-life situation feeds into social perceptions: when t…
Ability Apartheid and Paid Leave
A Review of Ableism at Work: Disablement and Hierarchies of Impairment. By Paul David Harpur
How Persons with Intellectual Disabilities Are Fighting for Decision-Making Rights
Paternalistic attitudes about what is in the interests of a person with an intellectual disability have long led to abuses, and are embedded in the guardianship laws still in place in most countries. Self-advocates, who identify as people with intellectual or other disabilities and are committed to demanding their rights and educating others about them, are calling for a new approach. They have found support for reforms in the Convention on the R…
Convention on the Rights of Persons with Disabilities (CRPD)
The Elgar Encyclopedia of Human Rights is the most comprehensive reference work in the field of international human rights protection. Comprising over 340 entries, presented alphabetically, and available online and in print, the Encyclopedia addresses the full range of themes associated with the study and practice of human rights in the modern world. The topics range from substantive human rights to the relevant institutions, legal documents, con…
Addressing the accountability void
Academics rarely raise the need to consider persons with disabilities when preventing, investigating and prosecuting international humanitarian law (IHL) violations. Worse still, no actual attempts have been made to include a disability perspective into practical guidance and monitoring mechanisms. This article addresses that void by laying out how existing yet unutilized IHL obligations can be leveraged to repress and suppress disability-based I…
Lessons from United States school district policies and approaches to special education during the Covid-19 pandemic
The COVID-19 pandemic resulted in many school districts in countries around the world transitioning rapidly to partial or complete remote learning. These disruptions affected all children’s education, but students with disabilities (SWDs) were particularly at-risk because of the challenges of providing accessible support and services through remote teaching programmes. We examine the experience of SWDs in 24 United States school districts of inst…
Disability, Human Rights Violations, and Crimes Against Humanity
Persons with disabilities have historically been subjected to egregious human rights violations. Yet despite well-documented and widespread harms, one billion persons with disabilities remain largely neglected by the international laws, legal processes, and institutions that seek to redress those violations, including crimes against humanity (CAH). This Article argues for the propriety of prosecuting egregious and systemic human rights violations…
How Should Clinicians Minimize Harms and Maximize Benefits When Diagnosing and Treating Disorders Without Biomarkers
Ethical obligations to minimize harms and maximize benefits of diagnosis and treatment of disorders without biomarkers include navigating difficult-to-measure, perhaps clinically inexplicable, symptoms. Among potential harms are public stigma, self-stigma, label avoidance, and the negative influence these stigmas have on self-esteem, quality of life, employment, and housing. Among potential benefits are patients becoming active agents in managing…
Why Disability Must Be Included in Medical School Diversification Efforts
Individuals living with disabilities are underrepresented in the physician workforce, despite benefits of inclusion. This article describes how both ableism in admissions processes and expectations set by technical standards can perpetuate harm. The authors advocate for active attention to disability diversity and equity in medical school admissions
Including Disability in Business and Human Rights Discourse and Corporate Practice
Despite significant progress in business and human rights (BHR) discourse and the practices of multinational corporations (MNCs), persons with disabilities and disability rights are absent from both the key instruments and practice of BHR. This lacuna exists despite the near-universal ratification of the United Nations (UN) Convention on the Rights of Persons with Disabilities, as well as the fact that disabled persons constitute over 15 per cent…
Disarmament, demobilization, and reintegration in Colombia
This article examines whether and how the circumstances of Colombian ex-combatants with disabilities were recognized in the disarmament, demobilization, and reintegration (DDR) processes in the period following the adoption of the 2016 peace agreement. Our results suggest severe procedural and substantive shortcomings during the drafting of the peace agreement and the implementation of the DDR processes that exacerbated the exclusion of ex-combat…
The Role of Grandparents in Israeli Muslim Families with Intellectually Disabled Fathers
Within Israeli Muslim society, men with intellectual disabilities are likely to marry nondisabled women through arranged marriages and create families. This article explores the role of grandparents with these families from the perspective of each family's social worker. A thematic analysis was conducted of 19 semistructured interviews with Muslim social workers serving Muslim families with intellectually disabled fathers. Consistent with cultura…
Connecting the Right of Collective Legal Capacity by Indigenous Peoples with the Right of Individual Legal Capacity by Persons with Disabilities
This Article explores the juridical implications of indigenous peoples’ right to legal capacity in the Inter-American system for cases involving the same right of persons with disabilities within that system and beyond. It explicates the Inter-American Court of Human Rights’ (IACtHR) three-factor test in Saramaka People v Suriname and analogizes its reasoning with rationales underpinning the right to legal capacity under the United Nations Conven…
The Right to Inclusive Education in International Human Rights Law
Education is a fundamental human right that is recognised as essential for the attainment of all civil, political, economic, social and cultural rights. It was not until 2006, on the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), that the right to inclusive education was codified. This volume fills a major gap in the literature on the right of disabled people to education. It examines the theoretical foundations …
‘They love me, but they don’t understand me’
BACKGROUND: Family life is a near-universal condition and a fundamental human right. It can also have a significant impact on mental health, including recovery from mental health conditions. In India, families play a considerable role, representing a source of social, cultural, religious and, often, financial support. However, families can also play a stigmatising role. AIM: To examine the experiences of mental health service users (MHSUs) relati…
Conceptualizing Universal Design for the Information Society through a Universal Human Rights Lens
Universal Design aims to ensure that everyone can equally use products, environments, programs, and services. This article examines the theoretical underpinnings and potential application of universal design by exploring its evolution through human rights and disability rights laws and policies. It is maintained that universal design arises from the complex relationship between human rights, disability rights, and access to and use of technology.…
The UN Convention on the Rights of Persons with Disabilities
This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and oth…
Inheritance, poverty, and disability
Inheritance is a significant means of transferring wealth from one generation to the next, and therefore increasingly attracts attention from researchers and policy-makers working on intergenerational and multidimensional poverty.However, until now disabled persons have been overlooked in these discussions.This oversight is particularly unfortunate because, as a group, the estimated one billion people with disabilities (some 15% of the world's po…
Disability, Human Rights Violations, and Crimes Against Humanity
Persons with disabilities have historically been subjected to egregious human rights violations. Yet despite well-documented and widespread harms, one billion persons with disabilities remain largely neglected by the international laws, legal processes, and institutions that seek to redress those violations, including crimes against humanity (CAH). This Article argues for the propriety of prosecuting egregious and systemic human rights violations…
Peacebuilding and reintegrating ex-combatants with disabilities
Moreover, processes aimed to reintegrate ex-combatants are typically disconnected from broader efforts to build and sustain the legal institutions that support the rights of the most marginalised groups in conflict affected countries. We examine the implications of this marginalisation of ex-combatants with disabilities and set our analysis within the framework of the Convention on the Rights of Persons with Disabilities
I am an Arab Palestinian living in Israel with a disability’
This article examines Arabs with disabilities living in Israel. Centring their experiences and voices, it argues that the group’s marginalisation is predominantly shaped by the ongoing political conflict. Arabs in Israel suffer deep social and institutional marginalisation on the basis of their ethnic identity and perceived threat and opposition to the state. Arabs with disabilities are neither exempted nor alleviated from this discriminatory fra…
Mainstreaming disability in the United Nations treaty bodies
As of the beginning of this century, the United Nations (UN) human rights system had comprehensively elided persons with disabilities from its purview. The Convention on the Rights of Persons with Disabilities (CRPD) responded to this lacuna in 2006. The CRPD obligates states parties to mainstream disability by protecting and promoting the human rights of persons with disabilities in all policies and programs and intersects disability with other …
Surviving polio in a post-polio world
Excitement mounts as the global health and international development communities anticipate a polio-free world. Despite substantial political and logistical hurdles, only 223 cases of wild poliovirus in three countries were reported in 2012. Down 99% from the estimated 350,000 annual cases in 125 countries in 1988-this decline signals the imminent global eradication of polio. However, elimination of new polio cases should not also signal an end t…
The experiences of Palestinian Arabs with disabilities in Israel
Purpose Israel ratified the United Nations Convention on the Rights of Persons with Disabilities and has subsequently worked towards putting disability-empowering policies and facilities in place. This study explores the experiences of Palestinian Arab citizens of Israel with disabilities in everyday life including education, employment and accessing disability facilities and services. Design/methodology/approach This study explores the challenge…
Self-Perspectives on Marriage Among Arabs With Disabilities Living in Israel
This study aims to examine the subjective perspectives on marriage of Arabs with disabilities living in Israel. Semi-structured interviews were conducted among 15 Arabs in Israel with physical, visual impairment, and mental disorders. Themes were generated using thematic analysis. Two main recursive and intertwined themes emerged: reflections about marriage and the reality of marriage. The real-life situation feeds into social perceptions: when t…
Disarmament, demobilization, and reintegration in Colombia
This article examines whether and how the circumstances of Colombian ex-combatants with disabilities were recognized in the disarmament, demobilization, and reintegration (DDR) processes in the period following the adoption of the 2016 peace agreement. Our results suggest severe procedural and substantive shortcomings during the drafting of the peace agreement and the implementation of the DDR processes that exacerbated the exclusion of ex-combat…
The Role of Grandparents in Israeli Muslim Families with Intellectually Disabled Fathers
Within Israeli Muslim society, men with intellectual disabilities are likely to marry nondisabled women through arranged marriages and create families. This article explores the role of grandparents with these families from the perspective of each family's social worker. A thematic analysis was conducted of 19 semistructured interviews with Muslim social workers serving Muslim families with intellectually disabled fathers. Consistent with cultura…
Disability human rights standards before the European Court of Human Rights—false convergence and methodologically-driven divergence
The UN Convention on the Rights of Persons with Disabilities (CRPD) has positively impacted the European Court of Human Rights (ECtHR). Overall, the ECtHR has delivered significant judgments in favour of persons with disabilities and is moving towards a disability-sensitive interpretation of facts. However, in specific areas such as legal capacity, inclusive education, voting, and involuntary treatment, the ECtHR has sharply distanced itself from…
Pursuing Inclusive Higher Education in Egypt and Beyond through the Convention on the Rights of Persons with Disabilities
Inclusive higher education is elusive for students with disabilities, especially in developing countries. The adoption and rapid ratification of the Convention on the Rights of Persons with Disabilities (CRPD) provides, if applied as its drafters intended, a “whole of institution” framework for its realization (CRPD Committee, 2016). Myriad legal, attitudinal, physical, and communication-based barriers limit or exclude participation. The individu…
Private Law and Social Inequality in the Industrial Age
Journal Article Private Law and Social Inequality in the Industrial Age Get access Steinmetz Willibald ed., Private Law and Social Inequality in the Industrial AgeNew York: Oxford University Press, 2000. xii, 565 pp. $115.00. Michael Ashley Stein Michael Ashley Stein College of William & Mary Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 44, Issue 4, October 2000, Pages 446–447,…
Disability, Employment Policy, and the Supreme Court
A. An Epistemic Community of Rehabilitation 611 B. The Rehabilitation Act and the Americans with Disabilities Act ........ 615 C. The Supreme Court and Disability Employment Policy 619 II. (RE)ASSESSING SUPREME COURT JURISPRUDENCE 623 A. The ADA as a Disharmonious Statute 624 B. The Justices and the Disabled. Discomfort 625 C. The Justices and the ADA: Underlying Principles 625 III. THE JUSTICES AND THE WHOLE MAN 626 C O N C LU SIO N 633
The Supreme Court's Sexual Counter- Revolution
In a series of controversial rulings during the post-World War II “sexual revolution,” the U.S. Supreme Court redefined relationships between law and sex in the United States (1). Decades later, some of these decisions continue to attract intense public interest, though most Americans have never read them. Griswold v. Connecticut, the 1965 decision that struck down state laws banning the use of birth control by married couples, is often denounced…
Disability and the Social Contract
In Frontiers of Justice: Disability, Nationality, Species Membership (“Frontiers of Justice”), philosopher Martha Nussbaum demonstrates the power of her capabilities approach for political theory by proposing to bring three often-disregarded groups safely within the scope of justice. Like animals and economically underdeveloped nations, she contends, people with disabilities are excluded from traditional social contract theory. In its simplest (p…
Human Rights in the United States
This book brings to light emerging evidence of a shift toward a fuller engagement with international human rights norms and their application to domestic policy dilemmas in the United States. The volume offers a rich history, spanning close to three centuries, of the marginalization of human rights discourse in the United States. Contributors analyze cases of US human rights advocacy aimed at addressing persistent inequalities within the United S…
The Millennium Development Goals and Human Rights
The Millennium Development Goals (MDGs) have generated tremendous discussion in global policy and academic circles. On the one hand, they have been hailed as the most important initiative ever in international development. On the other hand, they have been described as a great betrayal of human rights and universal values that has contributed to a depoliticization of development. With contributions from scholars from the fields of economics, law,…
Mainstreaming and Accountability
Inheritance, poverty, and disability
Inheritance is a significant means of transferring wealth from one generation to the next, and therefore increasingly attracts attention from researchers and policy-makers working on intergenerational and multidimensional poverty.However, until now disabled persons have been overlooked in these discussions.This oversight is particularly unfortunate because, as a group, the estimated one billion people with disabilities (some 15% of the world's po…
Surviving polio in a post-polio world
Excitement mounts as the global health and international development communities anticipate a polio-free world. Despite substantial political and logistical hurdles, only 223 cases of wild poliovirus in three countries were reported in 2012. Down 99% from the estimated 350,000 annual cases in 125 countries in 1988-this decline signals the imminent global eradication of polio. However, elimination of new polio cases should not also signal an end t…
Peacebuilding and reintegrating ex-combatants with disabilities
Moreover, processes aimed to reintegrate ex-combatants are typically disconnected from broader efforts to build and sustain the legal institutions that support the rights of the most marginalised groups in conflict affected countries. We examine the implications of this marginalisation of ex-combatants with disabilities and set our analysis within the framework of the Convention on the Rights of Persons with Disabilities
Expert Testimony in Nineteenth Century Malapraxis Actions
Michael Ashley Stein, Christopher P. Guzelian, Kristina M. Guzelian; Expert Testimony in Nineteenth Century Malapraxis Actions, American Journal of Legal H
Disability, Human Rights, and Information Technology
Mainstreaming disability in the United Nations treaty bodies
As of the beginning of this century, the United Nations (UN) human rights system had comprehensively elided persons with disabilities from its purview. The Convention on the Rights of Persons with Disabilities (CRPD) responded to this lacuna in 2006. The CRPD obligates states parties to mainstream disability by protecting and promoting the human rights of persons with disabilities in all policies and programs and intersects disability with other …
The UN Convention on the Rights of Persons with Disabilities
This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and oth…
Indigenous Persons with Disabilities and the Convention on the Rights of Persons with Disabilities
This article analyses how disability human rights protections and processes under the United Nations Convention on the Rights of Persons with Disabilities ( crpd ) have responded to the heightened vulnerability created when disability intersects with indigeneity. It considers the evolution of international human rights law instruments for indigenous persons with disabilities. It further examines the drafting history of the crpd related to indigen…
Pursuing Inclusive Higher Education in Egypt and Beyond through the Convention on the Rights of Persons with Disabilities
Inclusive higher education is elusive for students with disabilities, especially in developing countries. The adoption and rapid ratification of the Convention on the Rights of Persons with Disabilities (CRPD) provides, if applied as its drafters intended, a “whole of institution” framework for its realization (CRPD Committee, 2016). Myriad legal, attitudinal, physical, and communication-based barriers limit or exclude participation. The individu…
The Authoritarian Personality and the Limits of American Social Science
This essay attempts to demonstrate the limits of American social science by examining the tension between method and theory and, in particular, how this tension plays out in The Authoritarian Personality as well as in contemporary works of political psychology informed by Adorno et al.’s 1950 study. What I find is a persistent and unbridgeable gulf between method and theory where the former offers seemingly knowable, objective, repeatable, and ac…
The Right to Inclusive Education in International Human Rights Law
Education is a fundamental human right that is recognised as essential for the attainment of all civil, political, economic, social and cultural rights. It was not until 2006, on the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), that the right to inclusive education was codified. This volume fills a major gap in the literature on the right of disabled people to education. It examines the theoretical foundations …
‘They love me, but they don’t understand me’
BACKGROUND: Family life is a near-universal condition and a fundamental human right. It can also have a significant impact on mental health, including recovery from mental health conditions. In India, families play a considerable role, representing a source of social, cultural, religious and, often, financial support. However, families can also play a stigmatising role. AIM: To examine the experiences of mental health service users (MHSUs) relati…
Conceptualizing Universal Design for the Information Society through a Universal Human Rights Lens
Universal Design aims to ensure that everyone can equally use products, environments, programs, and services. This article examines the theoretical underpinnings and potential application of universal design by exploring its evolution through human rights and disability rights laws and policies. It is maintained that universal design arises from the complex relationship between human rights, disability rights, and access to and use of technology.…
Connecting the Right of Collective Legal Capacity by Indigenous Peoples with the Right of Individual Legal Capacity by Persons with Disabilities
This Article explores the juridical implications of indigenous peoples’ right to legal capacity in the Inter-American system for cases involving the same right of persons with disabilities within that system and beyond. It explicates the Inter-American Court of Human Rights’ (IACtHR) three-factor test in Saramaka People v Suriname and analogizes its reasoning with rationales underpinning the right to legal capacity under the United Nations Conven…
How Should Clinicians Minimize Harms and Maximize Benefits When Diagnosing and Treating Disorders Without Biomarkers
Ethical obligations to minimize harms and maximize benefits of diagnosis and treatment of disorders without biomarkers include navigating difficult-to-measure, perhaps clinically inexplicable, symptoms. Among potential harms are public stigma, self-stigma, label avoidance, and the negative influence these stigmas have on self-esteem, quality of life, employment, and housing. Among potential benefits are patients becoming active agents in managing…
Why Disability Must Be Included in Medical School Diversification Efforts
Individuals living with disabilities are underrepresented in the physician workforce, despite benefits of inclusion. This article describes how both ableism in admissions processes and expectations set by technical standards can perpetuate harm. The authors advocate for active attention to disability diversity and equity in medical school admissions
Including Disability in Business and Human Rights Discourse and Corporate Practice
Despite significant progress in business and human rights (BHR) discourse and the practices of multinational corporations (MNCs), persons with disabilities and disability rights are absent from both the key instruments and practice of BHR. This lacuna exists despite the near-universal ratification of the United Nations (UN) Convention on the Rights of Persons with Disabilities, as well as the fact that disabled persons constitute over 15 per cent…
Disarmament, demobilization, and reintegration in Colombia
This article examines whether and how the circumstances of Colombian ex-combatants with disabilities were recognized in the disarmament, demobilization, and reintegration (DDR) processes in the period following the adoption of the 2016 peace agreement. Our results suggest severe procedural and substantive shortcomings during the drafting of the peace agreement and the implementation of the DDR processes that exacerbated the exclusion of ex-combat…
Political science (35 obras) · Law (28 obras) · Sociology (28 obras) · Psychology (18 obras) · Human rights (17 obras) · Law (15 obras) · Convention on the Rights of Persons with Disabilities (11 obras) · Disability Rights and Representation (10 obras) · Economic growth (10 obras) · Law and economics (10 obras)