THE IMPACT OF LEGISLATIVE FRAMEWORK ON THE STRATEGIES OF DISABILITY ORGANIZATIONS:

Case Studies in Buenos Aires and Chicago

RESEARCH QUESTION: To what extent has legislative frameworkimpacted the strategies employed by Access Living, in Chicago, USA and La Usina in Buenos Aires, Argentina?

May 1, 2010McGill University

Making Equal Rights RealVers la pleine réalisation de l'égalité des droits

Mary MacLennan

Global Disability Situation 10% of the world’s population identify as

having a disability.

Many of the rights of people with disabilities, such as those related to health, education and housing, are not realized.

The legal framework, under which disability organizations operate, greatly shapes their strategies.

METHODOLOGY

Choice of Locations: two independent living organizations working in countries

guaranteeing a many rights (such as employment, health care and education) but very different disability contexts

Selection of Case Studies: Access Living (Chicago, USA): successful legislative

campaigns particularly advancing special education and housing

La Usina (Buenos Aires, Argentina): successful awareness campaigns, capacity building projects and innovative approaches to education

Data collection: 42 semi-structured interviews with program participants

organizers, politicians, academics and community organizers; additionally, field notes were recorded

Quantitative reports

Access Living, Chicago, USA

Disability in Chicago, USA

Legal History: 1973 Rehabilitation Act

Prohibits discrimination on the basis of disability in programs conducted by Federal agencies and those receiving Federal assistance

1990 Americans with Disabilities Act Prohibits discrimination on the

basis of disabilities in employment, public services, privately operated public accommodations, services and televisions

Chicago: renowned for active disability community and effective advocacy groups

Organization History: 1980 part of the Rehabilitation Institute of Chicago 1984 official non-profit group Active role in key pieces of legislation, e.g. Chicago

mainline public transport, ADA, etc. 2007 state-of-the-art disability-conscious building

Strategy and Implementation: Legislative advocacy

health, housing, education, economic and civil rights peer support groups and community activism

Disability in Chicago, USA

Disability in Buenos Aires, Argentina

Legal History: 2.2 million people in Argentina

living with a disability

1981 Ley de Proteccion Integral para los Discapacitados Prohibits discrimination against

persons with disabilities in employment, education, and provision of other state services, and also mandates access to buildings

1994 modification passed regarding accessibility

Organization History: 2002 founding 2006 first media campaign 2008 initiation of protected workshop programming (Red Activos)

Strategy and Implementation: Awareness promotion

media campaigns protected workshops

Disability in Buenos Aires, Argentina

RESULTS:Understanding the Creation of

Strategy

Factors possibly explaining the difference in strategy between Access Living’s legislative and La Usina’s awareness approaches:

1. Enforcement“I know they are implemented, but there are many laws out there that are not enforced”.

Program Participant, Access Living, USA

2. Political and social will/political confidence“Here people are afraid because there is not much trust between government and citizens. It’s quite different in different cultures”.

Coordinator, La Usina, Argentina

RESULTS:Understanding the Creation of

Strategy

3. Education about Rights“There is only one certificate for all disabled people. It is very hard to find information on its existence and is difficult to get…

In Argentina we calculate 2.8 million people with disabilities. That’s quite a lot and only the 15% have the certificate”.

Coordinator at La Usina, Argentina

4. Cooperation between governmental and non-governmental organizations

“I think they (NGOs) absolutely have made a difference in terms of raising awareness. They are powerful and hold their elected

officials accountable by expressing their support and disappointment through political activism”.

State Representative, Illinois, USA

The White House, Washington, DC, USA

The Pink House, Buenos Aires, Argentina

RESULTS: Important Context-Independent Findings

1. Promotion of awareness and legislative advocacy needs to be done“We need both. Because if people are more aware, they are going to demand that the rights of people with disabilities are enforced”.

Coordinator, La Usina, Argentina

2. Significance of context-dependent approaches when working in a cross-disability environment and the importance of employment

“Some of the biggest challenges we are facing include geographic differences in the city, ethnic, cultural and racial differences, in addition to the political economy”.

Coordinator, Access Living, USA

Conclusions

1. Legal framework impacts the strategies employed by Access Living and La Usina, particularly through law enforcement, political and social will, education about rights, and cooperation between government and non-government sectors.

2. Public awareness and legislative action should be addressed in a context-dependent manner when promoting the health and well-being of individuals with disabilities.

Discussion

1.In what ways can legal framework indirectly impact the lives of people with disabilities and the strategies employed by disability organizations?

2. How can a country increase disability law enforcement, political and social will, education about rights, and cooperation between government and non-government sectors?

3.What are some effective ways of changing social perception of people with disabilities?