Disability, Rights, and the Construction of Sexuality in Tort Claims
Bibliographic Data
| ID | 4085248 |
|---|---|
| Authors | Sagit Mor (0000-0001-9539-2331, University of Haifa, corresponding author), Rina B Pikkel (0009-0000-2142-7087, University of Haifa, corresponding author) |
| Year | 2019 |
| Volume | 53 |
| Issue | 4 |
| Pages | 1016-1050 |
| Publication date | 2019-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1111/lasr.12438 |
| OpenAlex | W2991210130 |
| Language | EN |
| Citations received | 3 |
| References cited | 40 |
This study empirically investigates how courts define sexuality of disabled persons in the absence of a formal right to sexuality. The focus of the study is tort law, a field ungoverned by direct disability rights legislation, assuming that tort law is the law of disablement as it concerns the transformative process of becoming disabled. The study investigates the types of damages courts have awarded for harm to sexual functioning, inquiring to whom and under what conditions have they been awarded. Additionally, it examines the discourse that characterizes each type of damages, and the legal, social, medical, and healthcare policy developments that have affected courts' rhetoric and reasoning. Our findings reveal shifting trends in scale, content, and inclusiveness of beneficiaries in terms of gender and age. Over time, courts have adopted a more hopeful and dynamic approach to disabled persons' sexuality while remaining within an individual-medical framework. We suggest that these shifting trends can be linked to the slow diffusion of the social-affirmative approach to disability, the limits of tort law as a field, and the role of healthcare policy in shaping the landscape of tort claims
Convention on the Rights of Persons with Disabilities · Damages · Harm · Health care · Human rights · Human sexuality · Legislation · Political science · Rhetoric · Sociology · Tort · Transformative learning · Law · Legal Education and Practice Innovations · Legal principles and applications · Medical Malpractice and Liability Issues
Disability Studies
Sexual Politics of Disability
Disability Rights and Wrongs
Rights Enabled
Sexuality and Disability
The Vanishing Trial
Disabled Sexuality
The Oxford Handbook of Empirical Legal Research
Law and the Contradictions of the Disability Rights Movement
Sexuality, Health and Human Rights
Rethinking Sexuality
The Politics of Disablement
The World We Have Won
Contested pleasures
Regulating Intimacy
The politics of sexual citizenship
Mapping the terrain of disability legislation
Towards an Affirmation Model of Disability
Histories of Sexuality. Antiquity to Sexual Revolution
Theorizing about Trial Courts
Disability and the male sex right
The Movement to Criminalize Sex Work in the United States
Social Security in Israel
Theorizing Yes
From Identity to Queer Politics
Aids, Law, and the Rhetoric of Sexuality
Legally Queer
Disabling Sex
Hard Science
The downside of Viagra
| Unique citing works | 3 |
|---|---|
| Citations per year | 1 |
| Citation span | 2023 - 2025 (3) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |