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On the Margins of Citizenship provides a comprehensive, sociological history of the fight for civil rights for people with intellectual disabilities. Allison Carey, who has been active in disability advocacy and politics her entire life, draws upon a broad range of historical and legal documents as well as the literature of citizenship studies to develop a \"relational practice\" approach to the issues of intellectual disability and civil rights. She examines how and why parents, self-advocates, and professionals have fought for different visions of rights for this population throughout the twentieth century and how things have changed over that time.Carey addresses the segregation of people with intellectual disabilities in schools and institutions along with the controversies over forced sterilization, eugenics, marriage and procreation, and protection from the death penalty. She chronicles the rise of the parents' movement and the influence of the Kennedy family, as well as current debates that were generated by the impact of the Americans with Disabilities Act passed in 1990.Presenting the shifting constitutional and legal restrictions for this marginalized group, Carey argues that policies tend to sustain an ambiguity that simultaneously promises rights yet also allows their retraction.

Service dogs, trained to assist people with disabilities, are known to impact their human partners’ social experiences. While service dogs can act as a “social bridge,” facilitating greater social connection under certain circumstances, many service dog partners also encounter challenges in social settings because of the presence of their service dog – despite legal protections. Among the most common challenges reported are experiences of stigma, discrimination, and access or service denials. This preregistered integrative review sought to synthesize empirical, theoretical, and legal literature to understand better the social experiences reported by service dog partners in the United States, including (1) civil rights experiences; (2) experiences of stigma and discrimination; and (3) broader social experiences. Following database searches and article screening, a total of N = 43 articles met the eligibility criteria for inclusion. Analyses were conducted in two stages: first, synthesizing quantitative and qualitative findings to explore the magnitude of social experiences reported by empirical articles and second, narrative synthesis to integrate findings across all article types. Analyses identified three themes: Adverse Social Experiences , Contributing Factors , and Proposed Solutions . Overall, we found consistent reports of stigma, discrimination, and access denials for service dog handlers. Additionally, these adverse experiences may be more common for service dog partners with disabilities not externally visible (i.e., invisible disabilities such as diabetes or substantially limiting mental health conditions). This integrative review highlights a pattern of social marginalization and stigmatization for some service dog partners, exacerbated by inadequate legal protection and widespread service dog fraud. These findings have implications for the individual well-being of people with disabilities partnered with service dogs and highlight a need for collective efforts to increase inclusion and access. Effective solutions likely require a multi-component approach operating at various socio-ecological levels.

There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.

How special education used disability labels to marginalize Black students in public schools The Unteachables examines the overrepresentation of Black students in special education over the course of the twentieth century. As African American children integrated predominantly white schools, many were disproportionately labeled educable mentally retarded (EMR), learning disabled (LD), and emotionally behavioral disordered (EBD). Keith A. Mayes charts the evolution of disability categories and how these labels kept Black learners segregated in American classrooms. The civil rights and the educational disability rights movements, Mayes shows, have both collaborated and worked at cross-purposes since the beginning of school desegregation. Disability rights advocates built upon the opportunity provided by the civil rights movement to make claims about student invisibility at the level of intellectual and cognitive disabilities. Although special education ostensibly included children from all racial groups, educational disability rights advocates focused on the needs of white disabled students, while school systems used disability discourses to malign and marginalize Black students. From the 1940s to the present, social science researchers, policymakers, school administrators, and teachers have each contributed to the overrepresentation of Black students in special education. Excavating the deep-seated racism embedded in both the public school system and public policy, The Unteachables explores the discriminatory labeling of Black students, and how it indelibly contributed to special education disproportionality, to student discipline and push-out practices, and to the school-to-prison pipeline effect.

When federal district court Judge Carlton Reeves penned his opinion in U.S. v. Mississippi , 1 the case that seemed poised to overhaul Mississippi’s suffering mental health system, he began with the story of Ms. Melanie Worsham, a mental health patient, also a certified peer support specialist. Ms. Worsham works to help those like herself who suffer with lifelong serious mental illness (SMI) to “overcome the obstacles that might be getting in their way of living the life they want to live.” She also assists those with SMI by aiding in “navigating the system, to find resources, and then just being moral support.” 2

This issue, \"On Counting What Matters: Finding Adults With Intellectual and Developmental Disabilities in Population Health Data,\" presents an overview of health surveillance research for people with intellectual and developmental disabilities (IDD) in the United States. Although public health now conducts surveillance of people with disabilities broadly defined and compares their health status with that of individuals without disabilities, there are many challenges in conducting health surveillance of people with IDD. Difficulties include how to define cases, how to find cases, and how to obtain accurate information (Krahn, Fox, Campbell, Ramon, & Jesien, 2010). This issue will present critical conceptual and methodological issues, including recent prevalence and population health analyses, along with proposals that can lead to more equitable health and improved health surveillance for people with IDD.

This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD).The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address.

Elizabeth Packard's story is one of courage and accomplishment in the face of injustice and heartbreak. In 1860, her husband, a strong-willed Calvinist minister, committed her to an Illinois insane asylum in an effort to protect their six children and his church from what he considered her heretical religious ideas. _x000B__x000B_Upon her release three years later (as her husband sought to return her to an asylum), Packard obtained a jury trial and was declared sane. Before the trial ended, however, her husband sold their home and left for Massachusetts with their young children and her personal property. His actions were perfectly legal under Illinois and Massachusetts law; Packard had no legal recourse by which to recover her children and property. _x000B__x000B_This experience in the legal system, along with her experience as an asylum patient, launched Packard into a career as an advocate for the civil rights of married women and the mentally ill. She wrote numerous books and lobbied legislatures literally from coast to coast advocating more stringent commitment laws, protections for the rights of asylum patients, and laws to give married women equal rights in matters of child custody, property, and earnings. Despite strong opposition from the psychiatric community, Packard's laws were passed in state after state, with lasting impact on commitment and care of the mentally ill in the United States._x000B__x000B_Packard's life demonstrates how dissonant streams of American social and intellectual history led to conflict between the freethinking Packard, her Calvinist husband, her asylum doctor, and America's fledgling psychiatric profession. It is this conflict--along with her personal battle to transcend the stigma of insanity and regain custody of her children--that makes Elizabeth Packard's story both forceful and compelling.

In introducing the Mental Health and Wellbeing Bill of 2022 into Parliament in Victoria, Australia, the state government claimed that the new legislation “delivers on the vision for rights-based mental health and wellbeing laws.” This paper examines the new legislation in light of both local human rights legislation and international human rights law. Drawing primarily on the United Nations Convention on the Rights of Persons with Disabilities and the Victorian Charter of Human Rights and Responsibilities Act of 2006, this paper argues that while the new legislation is not, in fact, rights based, it does represent some rights-related improvements over existing legislation. The paper concludes with a discussion of how rights-based legislation could be applied to the Victorian context, using the latest guidance from the World Health Organization and the United Nations.