Browsing by Author "Maldonado Leon, Nikole"

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    Defining Disability: A Comparative Policy Analysis
    (2024-05-29) Maldonado Leon, Nikole; Zwicker, Jennifer
    This research assesses how Canadian laws define disability and their impact on disability benefits and programs related to the UN Convention on the Rights of Persons with Disabilities (UN CRPD). Canada has committed to ensuring that its federal, provincial, and territorial laws reflect the principles of dignity, equality, and inclusion for persons with disabilities, as outlined in the UN CRPD. However, there is no evidence on how disability is defined across jurisdictions and its implications on programs available to individuals. The study uses a comparative policy analysis to evaluate 48 pieces of legislation and 201 programs and benefits across Canada. Using the READ methodology, the research identifies patterns in how disability is framed, mainly through medical and biopsychosocial models, and analyzes the implications of these frames for policy implementation. The findings reveal that most Canadian legal documents (n=37) align with a medical model, determining eligibility criteria based on impairments. In contrast, fewer documents (n=11) align with a biopsychosocial model, which closely reflects the UN CRPD by considering the interaction between an individual's health condition and societal barriers. The results highlight the need for a common definition of disability across Canadian legislation to ensure equitable access to disability benefits and services. The study concludes with policy recommendations, advocating for the adoption of a common disability definition, the establishment of a standard classification system based on the World Health Organization's International Classification of Functioning, Disability, and Health (ICF), and the alignment of the Canada Disability Benefit's eligibility criteria with the Canada Disability Benefit Act.