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A Disability Rights Tribunal for Asia and the Pacific

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0017
Subject:
Psychology, Forensic Psychology

The existence of regional human rights courts and commissions has been an essential element in the enforcement of international human rights in those regions of the world where such tribunals exist. ... More


International Human Rights Law in Perspective: Legal Issues and Social Constructs

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0010
Subject:
Psychology, Forensic Psychology

This chapter offers a short overview of international human rights law that relates generally to mental disability law. It begins with a short background of early UN documents and conventions, ... More


The UN Convention: The Impact of the New UN Convention on the Rights of Persons with Disabilities on International Mental Disability Law

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0015
Subject:
Psychology, Forensic Psychology

The most significant development in the relationship between international human rights law and mental disability law has been the ratification of the Convention on the Rights of Persons with ... More


International Human Rights and Mental Disability Law: When the Silenced are Heard

Michael L. Perlin

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.001.0001
Subject:
Psychology, Forensic Psychology

Society is largely blind to the ongoing violations of international human rights law in the context of the institutional commitment and treatment of persons with mental disabilities. Notwithstanding ... More


The Application of International Human Rights Law to Mental Disability Law: Specific Contexts

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0014
Subject:
Psychology, Forensic Psychology

This chapter examines four separate substantive issues, leading to a consideration of the intersection between international human rights law and mental disability law through varying perspectives: ... More


Nothing About Us Without Us: Disability Oppression and Empowerment

James Charlton

Published in print:
1998
Published Online:
May 2012
ISBN:
9780520207950
eISBN:
9780520925441
Item type:
book
Publisher:
University of California Press
DOI:
10.1525/california/9780520207950.001.0001
Subject:
Anthropology, Medical Anthropology

This book is a ringing indictment of disability oppression, which, it states, is rooted in degradation, dependency, and powerlessness and is experienced in some form by five hundred million persons ... More


Law and the Contradictions of the Disability Rights Movement

Samuel R. Bagenstos

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300124491
eISBN:
9780300155433
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300124491.001.0001
Subject:
Law, Legal History

The passage of the Americans with Disabilities Act (ADA) in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that ... More


The Universal Factors

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0013
Subject:
Psychology, Forensic Psychology

An examination of comparative mental disability law reveals that there are at least five dominant, universal, core factors that must be considered carefully in any evaluation of the key question of ... More


The Projects of the American Disability Rights Movement

Samuel R. Bagenstos

in Law and the Contradictions of the Disability Rights Movement

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300124491
eISBN:
9780300155433
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300124491.003.0002
Subject:
Law, Legal History

This chapter presents the history of the American disability rights movement and its many, sometimes conflicting, projects. It begins with a brief tour of the major components of the disability ... More


Mental Disability Law in a Comparative Law Context

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0011
Subject:
Psychology, Forensic Psychology

This chapter seeks to answer these questions: To what extent does the body of what we categorize as “international human rights” actually offer protection to persons with mental disabilities? Do the ... More


Disability, Life, Death, And Choice

Samuel R. Bagenstos

in Law and the Contradictions of the Disability Rights Movement

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300124491
eISBN:
9780300155433
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300124491.003.0006
Subject:
Law, Legal History

This chapter discusses issues on which disability rights advocates have in some cases clashed publicly with one another—with both sides invoking the notion of antipaternalism. These issues involving ... More


Welfare Wars, Seventies Style

Eileen Boris and Jennifer Klein

in Caring for America: Home Health Workers in the Shadow of the Welfare State

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195329117
eISBN:
9780199949496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329117.003.0004
Subject:
Political Science, American Politics

This chapter charts the emergence of the predominant forms of home care delivery that unions would have to confront for the rest of the century. The welfare wars that rocked the late 1960s and early ... More


Older people, human rights, law and policy

Mary Keys

in Ethical and Legal Debates In Irish Healthcare: Confronting complexities

Published in print:
2016
Published Online:
May 2016
ISBN:
9780719099465
eISBN:
9781526104410
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719099465.003.0008
Subject:
Sociology, Culture

This chapter identifies the area of decision-making as central to the protection of older people. It addresses the recognition of legal capacity as a central issue to avoid choices being ignored and ... More


Future Directions in Disability Law

Samuel R. Bagenstos

in Law and the Contradictions of the Disability Rights Movement

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300124491
eISBN:
9780300155433
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300124491.003.0008
Subject:
Law, Legal History

This chapter discusses future directions disability policy might take to respond to the limitations of the Americans with Disabilities Act (ADA). It begins by considering ways to improve the ... More


Interpreting the Convention on the Rights of Persons with Disabilities in Domestic Courts

Anna Lawson and Lisa Waddington

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0015
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter reflects on the ways in which courts in the thirteen jurisdictions included in this study have interpreted the provisions of the Convention on the Rights of Persons with Disabilities ... More


The UN Convention: The Role of Counsel

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0016
Subject:
Psychology, Forensic Psychology

If there has been any constant in modern mental disability law in its near-forty-year history, it is the near-universal reality that counsel assigned to represent individuals at involuntary civil ... More


Democratization and Disability Activism in Indonesia

Thushara Dibley

in Activists in Transition: Progressive Politics in Democratic Indonesia

Published in print:
2019
Published Online:
May 2020
ISBN:
9781501742477
eISBN:
9781501742491
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501742477.003.0010
Subject:
Political Science, Asian Politics

This chapter focuses on the disability movement, a relatively new movement that has managed to draw on the increased availability of foreign funding to capitalize on the democratic structures now in ... More


Therapeutic Jurisprudence

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0018
Subject:
Psychology, Forensic Psychology

One of the most important legal theoretical developments of the past two decades has been the creation and dynamic growth of therapeutic jurisprudence (TJ). Initially employed in cases involving ... More


Nothing About Us without Us

James I. Charlton

in Nothing About Us Without Us: Disability Oppression and Empowerment

Published in print:
1998
Published Online:
May 2012
ISBN:
9780520207950
eISBN:
9780520925441
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520207950.003.0001
Subject:
Anthropology, Medical Anthropology

The slogan “Nothing About Us Without Us” resonates with the philosophy and history of the disability rights movement (DRM), a movement that has embarked on a mission parallel to other liberation ... More


The rights of people with disabilities

Charles O’Mahony and Shivaun Quinlivan

in International Human Rights, Social Policy & Global: Critical Perspectives

Published in print:
2020
Published Online:
January 2021
ISBN:
9781447349211
eISBN:
9781447349259
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447349211.003.0019
Subject:
Law, Human Rights and Immigration

This chapter assesses the role of the UN Convention on the Rights of People with Disabilities (CRPD) in driving law and policy reform globally relating to the rights of people with disabilities. By ... More


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