The weaker sex: is being male a legally cognizable defect, impairment, or disability?

Gender Medicine
Louis M SolomonRebecca Guttman

Abstract

Compared with women, men die from cancer and coronary artery disease in disproportionately higher numbers and are more susceptible to a host of emotional and developmental disorders. The authors of this article consider what scientific proof or evidence would be required to legally recognize "being male" as a disability, based on the overwhelming number of physical deficiencies to which males are genetically predisposed. The article summarizes major scientific findings on male health problems and explores various laws and policies that might be implicated by treatment of males as a special category recognized by the law. How the law creates categories of individuals and the reasons why these categories are created for legal classification are reviewed. In addition, the potential for a "maleness" defense in the context of criminal law and procedure is assessed. Lastly, the authors examine the policy implications of treating men as a disabled class, and consider how judges, juries, and legislators would view a scientifically based approach to the creation of a class. Given the many false starts in the past, in which the law had embraced what later was shown to be bad science, substantial historical baggage will have to be overcom...Continue Reading

References

Dec 22, 2000·BMJ : British Medical Journal·S Kraemer
Oct 20, 2001·Brain, Behavior and Evolution·J C WingfieldK K Soma

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Citations

Nov 23, 2011·Canadian Journal of Anaesthesia = Journal Canadien D'anesthésie·Keerat GrewalW Scott Beattie

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