umu.sePublications
Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Out and about in the welfare state: the right to transport in everyday life for people with disabilities in Swedish, Danish and Norwegian law
Umeå University, Faculty of Social Sciences, Umeå Forum for Studies on Law and Society.
2015 (English)Doctoral thesis, monograph (Other academic)
Abstract [en]

The aim of this thesis is to identify how a social citizenship for people with disabilities is shaped bythe normative structures in the Swedish, Danish and Norwegian law governing their right to transportin everyday life. The thesis deals with three types of transport provided by the public to private individuals: transport services, car allowances, and cash benefits for reimbursing transport costs forpeople with disabilities. For each provision, the focus of the study is directed by the followingquestions:

– Is there a rights/duties relationship between the public and the individual? Who is eligible forprovision? How does public funding impact entitlement? Who is obliged to provide? What are thelegal guarantees for entitlement?

Despite objectives within Nordic law and policy that people with disabilities should be compensated for their impairments, and allowed to lead independent and autonomous lives, the results from the thesis show that the various transport provisions do not fully realize this. The legal relations between the public and those with needs for transport in their everyday lives are characterized by control, scrutiny and questioning. In order to protect the public budgets from costs, the eligibility criteria in the law are so constructed as to ensure that only certain needs for transport, and only some impairments, can meet them. The national, regional and municipal governments, and the administrative courts, subject people with disabilities to intrusive inquiries regarding personal details and other circumstances in their lives, in order to be able to judge which needs for transport are to be considered legitimate and which are not.

The thesis shows that the individual rights to, especially, Swedish and Norwegian transport provisions are poorly protected against political decisions to cut funding. Local and regional self-governance isan interest that always competes with individual legal rights and make them weaker, irrespective of whether these rights can be appealed in administrative courts.

The conclusion in the thesis highlights how a social citizenship is shaped in the law governing the right to transport for people with disabilities, and that this social citizenship does not reinforce independence and individual autonomy for those who are dependent on the various provisions tomeet their needs for transport in their everyday lives.

Place, publisher, year, edition, pages
Umeå: Umeå University , 2015. , 360 p.
Keyword [en]
Disability, transport, everyday life, disability law, social law, transport law, comparative law, welfare state, legal criteria
National Category
Law and Society
Research subject
Law
Identifiers
URN: urn:nbn:se:umu:diva-101763ISBN: 978-91-7601-252-9 (print)OAI: oai:DiVA.org:umu-101763DiVA: diva2:802039
Public defence
2015-05-08, Hörsal C, Samhällsvetarhuset, Umeå universitet, Umeå, 14:00 (Swedish)
Opponent
Supervisors
Available from: 2015-04-17 Created: 2015-04-10 Last updated: 2015-04-21Bibliographically approved

Open Access in DiVA

Out and About in the Welfare State(3126 kB)778 downloads
File information
File name FULLTEXT01.pdfFile size 3126 kBChecksum SHA-512
9cd21f5f99831684f1ef10d01060aba96ceb730730591c2c48a6cd81c0a5738867749c853c49dd1b9c158bac763c1fde2b5fdf7c7871df6f6df0e21926f57204
Type fulltextMimetype application/pdf

Authority records BETA

Pettersson, Andreas

Search in DiVA

By author/editor
Pettersson, Andreas
By organisation
Umeå Forum for Studies on Law and Society
Law and Society

Search outside of DiVA

GoogleGoogle Scholar
Total: 778 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

isbn
urn-nbn

Altmetric score

isbn
urn-nbn
Total: 3283 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf