Friday 10 February 2012

Today's Supreme Court Ruling

When I was doing research for my book, I read quite a lot of what American philosopher and Capability Approach expert, Martha Nussbaum, had to say. Nussbaum has been a slow learner where concerns of people with cognitive disabilities are concerned. But in 2009, she came around. In the Journal of Metaphilosophy, Nussbaum wrote:

In short: people with cognitive disabilities are equal citizens, and law ought to show respect for them as full equals. To do so, law must provide such people with equal entitlements to medical care, housing, and other economic needs. That is the easy part. But law must go further, providing people with disabilities truly equal access to education, even when that is costly and involves considerable change in current methods of instruction. Even that, our society has begun to realize. Now we must take the most controversial step of all, giving people with cognitive disabilities political and civil rights on a basis of genuine equality. What that requires, and why it requires something that seems at first look so odd, has been the central theme of this essay. Let the debate begin.

Well, the debate began and ended today in Canada's Supreme Court. In an earlier lower court trial, a young woman with cognitive disabilities was prevented from testifying against her mother's partner who allegedly sexually assaulted her repeatedly. Apparently, the woman failed to pass a required competency test requiring her to distinguish between truth and lies. Without victim testimony, the accused was acquitted. Today, a new trial was ordered for a young woman, this time allowing for her testimony. In a 6-3 decision, the Supreme Court sent a message to the courts of Canada that testimony of people with cognitive disabilities must be accepted without first having to pass a competency test. If you care about fairness for vulnerable people, it's worth reading the Supreme Court decision.

Today, I'm especially proud to be Canadian.


BLOOM - Parenting Kids With Disabilities said...

Thanks so much for sharing this! I haven't looked at the news today and didn't know about this case but just looked it up. I'm thrilled to hear about the decision and look forward to following the case.

Anonymous said...

Hi Donna,

With regards to American philosopher, Martha Nussbaum, I have always believed that the primary issues, which effect the average citizen, equally impact those with disabilities. Normally, the issues at hand are: Employment, healthcare, education, food, shelter, and the environment. However, today, the Supreme Court of Canada has brought "gender equality" to the forefront. People everywhere should rejoice.

Thank you,

Matt Kamaratakis

Anonymous said...

Hi Donna, it's me again...

I have had a couple of days to think about my comment above and need to make a small revision as follows:

"However, today, the Supreme Court of Canada has brought the issues of 'gender equality' and 'personhood' to the forefront."

Thus, I am also aware that I to read Eva Kittay book, "Cognitive Disability and Its Challenge to Moral Philosophy.

Anyhow, how is Nick's costume coming along?


The Caregivers' Living Room said...

Hi Matt! I highly recommend Eva's book and anything else you can get your get hands on by her - she's the absolute guru on moral philosophy and ethics re disability, especially cognitive disability (which is the real rub). Her book "Love's Labor" is also fantastic.

Nick's costume is ready! We will do face paint and filming tomorrow :)

I'll post the video presentation asap. Stay tuned.