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Exporting American Rights Protection Laws to People With Disabilities Overseas  


Author:  Clarence J.  Sundram, Esq..


Source: Volume 06, Number 04, November/December 2003 , pp.49-50(2)




Victimization of the Elderly and Disabled

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Abstract: 

In the past three decades in the United States, there has been a dramatic revolution in the recognition of the civil rights and human rights of people with disabilities. In 1973, the Rehabilitation Act provided new protections for people with disabilities against discrimination by the U.S. government and by programs receiving federal funding. In 1990, the Americans with Disabilities Act extended this protection against disabilities to actions by state and local governments, and many private entities and individuals. These groundbreaking legislative enactments have influenced the thinking of courts and governmental agencies not only within the United States but also on international level as well. While these laws are binding upon the U.S. government within its territory, what is their impact upon the conduct of the U.S. government and its contractors in their activities in other countries? Historically, there has been a presumption against the extraterritorial application of U.S. law unless there is a clear congressional intent to have the laws apply outside the U.S. But this insular view of law has been changing gradually to reflect larger changes, particularly the trend toward globalization.

Keywords: extraterritorial protection to American citizens working in other countries; National Council on Disability report “Foreign Policy and Disability: Legislative Strategies and Civil Rights Protections to Ensure Inclusion of People with Disabilities€

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