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Corporate Liability under the US Alien Tort Claims Act and the (Inadvertent) Creation of an American International Law

To avoid inadvertently patronising and demeaning disabled persons, it is necessary to focus on the “true personal characteristics of an individual which may or may not create actual functional limitations, with a view to accommodating them, but without an assumption of incapacity”.45 It is difficult to justify the present state of the law. As Iraida Alvarez argues in the context of US law, there is more at stake than the interests of the parents. Not awarding parents compensation may result in a child growing up ill-clothed, ill-fed and illeducated because his or her family had to extend their financial resources beyond what they could afford.46 Although this would be a significant “injury” to the child, the focus of the courts in cases like the Parkinson and Rees cases is on the harm to the parents. The courts may never reach solutions that will satisfy the overwhelming majority of people in cases involving unplanned children, since people might be equally divided in opinion if asked to decide what was fair in such complex cases. However, many people might well say that the courts should pay more attention to the need to protect a child from the consequences of poverty in cases of this kind.