Justin Winchester
LightNews LightNews
justinrw.bsky.social
Justin Winchester
@justinrw.bsky.social
82 followers 150 following 3 posts
DPhil candidate @oxfordlawfac.bsky.social — @rhodeshouse.ox.ac.uk scholar 🇿🇦 — researching (in)equality, poverty, & human rights duties — Blog editor @oxhrh.bsky.social
Posts Replies Media Videos
justinrw.bsky.social
My piece on #disability, #equality, and reasonable accommodation available in Constitutional Court Review XIV!

Inspired by David Graeber, that "the ultimate, hidden truth of the world is that it is something we make, and could just as easily make differently."

journals.co.za/doi/epdf/10....
Screenshot of front page of article, titled "Making the World Differently: A Transformative Approach to Reasonable Accommodation, by Justin Winchester". Abstract reads: "The aim of this article is to articulate and apply a transformative conception of substantive equality to the adjudication of disability equality cases invoking reasonable accommodation under the Employment Equity Act 55 of 1998 (EEA). I canvass debates which have modelled disability to describe the historical discrimination that persons with disabilities have experienced and the lessons relevant to a rights-based approach to disability justice. Using transformative substantive equality as a normative underpinning to promote the redistribution of resources, powers and gainful opportunities to disabled persons, I consider reasonable accommodation under the EEA as a promising site for this. Using the Constitutional Court’s decision in Damons as a reflective springboard, I construct what a transformative adjudicative approach to reasonable accommodation under the EEA ought to look like, showing that the tools to achieve transformative equality are available under existing law if only courts dare to reach for them." KEYWORDS: right to equality, transformative substantive equality, disability discrimination, reasonable accommodation, Employment Equity Act, Convention on the Rights of Persons with Disabilities AUTHOR: DPhil in Law candidate, Magdalen College, University of Oxford, United Kingdom. Email: justin.winchester@magd.ox.ac.uk ORCiD: 0000-0003-4222-2085
January 31, 2025 at 11:55 AM