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All in This Together: Disability Rights and COVID-19
which Canada is a signatory, requires State Parties to take necessary
measures to protect people with disabilities in humanitarian emer-
gencies and would likely be applicable in this context.12
Yet barriers, such as COVID-19 websites operated by the Ontario
government, which are inaccessible to blind users, and addresses
by the Prime Minister without sign language interpretation, have
already been reported.13 Barrier removal will be of key importance
as the COVID-19 crisis continues to ensure Deaf people and others
with communication needs obtain timely information in an accessible
manner.
The issue of access to lifesaving ventilators also raises important
human rights questions. A discussion paper produced by the AODA
Alliance boldly insists that medical triage not discriminate against
people with disabilities. This might occur by inappropriately consid-
ering impairments in evaluating future quality of life or determining
that reliance on publicly funded attendant services ought to be a fac-
tor deprioritizing a disabled person for a ventilator. Disability rights
activists have also raised concerns that people who have always used
ventilators for pre-existing conditions may have them confiscated by
hospital staff should they end up getting COVID-19.14 American dis-
ability rights activists have engaged in legal action under the Americans
with Disabilities Act to challenge discriminatory triage policies. In
Alabama, a complaint by disability rights organizations and noted
12. UN General Assembly, Convention on the Rights of Persons with Disabilities:Â
Resolution/Adopted by the General Assembly, A/RES/61/106 (24 January 2007) at
art 11 [CRPD].
13. Michelle McQuigge, “Disabled Canadians Feel Excluded from Covid-19
Messaging”, CTV News (18 March 2020), online: <www.ctvnews.ca/health/
coronavirus/disabled-canadians-feel-excluded-from-covid-19-messag-
ing-1.4857691>.
14. “A Discussion Paper on Ensuring that Medical Triage of Health Services
During the Covid-19 Crisis Does Not Discriminate Against Patients with
Disabilities” (14 April 2020), online: AODA Alliance <www.aodaalliance.org/
whats-new/a-discussion-paper-on-ensuring-that-medical-triage-or-ration-
ing-of-health-care-services-during-the-covid-19-crisis-does-not-discriminat-
e-against-patients-with-disabilities/>; “Disability Community Wins Interim Step
Forward–Ford Government Backs Down on Its Controversial Secret Protocol for
Rationing Critical Medical Care During the COVID Crisis and Agrees to Consult
Human Rights and Community Experts” (21 April 2020), online: AODA Alliance
<www.aodaalliance.org/whats-new/disability-community-wins-interim-step-
forward-ford-government-backs-down-on-its-controversial-secret-protocol-for-
rationing-critical-medical-care-during-the-covid-crisis-and-agrees-to-consult-
human/>.
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Title
- VULNERABLE
- Subtitle
- The Law, Policy and Ethics of COVID-19
- Authors
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Publisher
- Ottawa Press
- Date
- 2020
- Language
- English
- License
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Size
- 15.2 x 22.8 cm
- Pages
- 648
- Categories
- Coronavirus
- International