Rights or Policy? A Rights-based Approach to Disability Services

Jurgen De Wispelaere, Trinity College Dublin
Judy Walsh, University College Dublin

Abstract

This paper explores the role and justification of rights-based models of service delivery for disabled service-users. The arguments focusses in particular on strong justificiable rights, where service users have access to substantive legal remedies in order to further their claims. The paper first defends the idea of justiciable disability rights against some common (though often misunderstood) criticism. Next the paper introduces three properties of rights that, jointly, offer a strong case in favour of a rights-based approach to disability services: the dignity of rights, the empowering nature of dignity, and the public nature of rights. Each of these properties is explored in some detail and its relevance to disability rights established. We conclude that, if we accept these properties as desirable, a rights-based approach is vastly superiour to administrative or political mechanisms for ensuring service delivery to disabled people.