Ethical Assumptions and Ambiguities in The Americans With Disabilities Act  

Oleh:

Kopelman, Loretta M.

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: The Journal of Medicine and Philosophy vol. 21 no. 2 (Apr. 1996), page 187-208.
Topik: Disabled; Health Benefit Plans; Healt Care Rationing; Health Care Reform; Health Priorities; Health Services Accessibility; Oregon; Rawls; Selection

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: MM80.5 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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The Americans With Disabilities Act (ADA) promotes social justice by procteting disabled persons from discrimination and prejudice. It seeks equality of opportunity for them and protects their benefit. These rights are circumscribed i the ADA, however, by constraints of cost, efficiency, utility, and certain social mores. The ADA offers little direction about how to set priorities when these values come into conflict, or about whether equality of opportunity favors equivalent or preferential treatment for disadvantaged people. Until these ambiguities and potential value conflict are resolved, a central moral and social problem remains unresolved:How can we demostrate commitment to the rights and welfare of those with severe disabilities while placing fair limits upon their claims? Five special concerns are discussed: (1) eligibility and the allocation of health care; (2) the meaning of 'qualified but disabled' in employing people with mental disabilities; (3) equal opportunity and problems of envy and malingering; (4) ADA accomodation and public protection through testing and licensure; and (5) ADA protection and problems of backlash. Rather than simply wait to see what courts and administrative agencies decide, we should evaluate the moral defensible grounds.

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