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Record W2624447202

A Constitution for the Disabled or a Disabled Constitution? Toward a New Approach to Disability for the Purposes of Section 15(1)

2002· article· en· W2624447202 on OpenAlexaboutno aff
Jonathon W. Penney

Bibliographic record

Venuenot available
Typearticle
Languageen
FieldSocial Sciences
TopicDiscrimination and Equality Law
Canadian institutionsnot available
Fundersnot available
KeywordsCharterConstitutionMedical model of disabilityLaw and economicsFace (sociological concept)Political scienceLawSection (typography)Supreme courtPoliticsSociologyCitizenshipPsychologySocial scienceBusiness
DOInot available

Abstract

fetched live from OpenAlex

Despite important gains, people with disabilities continue to face significant barriers to wealth, labour, health services and education in Canadian society. This is a complex problem in need of a complex solution. Part of the challenge is formulating an approach to legal, political and social reform that focuses on effective institutional change. The Canadian Charter of Rights and Freedoms has an important role to play in this movement toward change. But there are problems with the Supreme Court of Canada's approach to disability rights in section 15 of the Charter. This article offers a new approach. Drawing upon recent disability theory, the author argues that the present constitutional definition of disability is based on problematic and outdated models. Instead, the author advocates the Universalist understanding of disability, which attempts to demystify the concept and undermine the assumption that it applies only to small but homogenous categories or groups of people. Linking the Universalist theory of disability to the concept of substantive equality, the author outlines the analytic framework for a new universalist approach to disability in the Charter.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.006
metaresearch head score (Gemma)0.006
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.436
Threshold uncertainty score0.867

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0060.006
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0090.031
Scholarly communication0.0100.006
Open science0.0020.004
Research integrity0.0060.006
Insufficient payload (model declined to judge)0.0040.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.242
GPT teacher head0.390
Teacher spread0.147 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2002
Admission routes1
Has abstractyes

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Same topicDiscrimination and Equality LawFrench-language works237,207