The Human Rights of Persons with Intellectual Disabilities Different but Equal

by Herr, Stanley S.; Gostin, Lawrence O.; Koh, Harold Hongju

• ISBN13: 9780198267799
• ISBN10: 0198267797
• Format: Hardcover
• Copyright: 2003-08-14
• Publisher: Oxford University Press

Summary

This volume brings together two important contemporary social movements: human rights and disability rights. It analyses the global struggle to realize equality, dignity, and comprehensive human and civil rights for persons with intellectual disabilities. In twenty original chapters, distinguished contributors from a range of disciplines address the latest international developments in the field. These include international human rights standards and other sources of legal protection, nondiscrimination laws and the economics of equality, preventative technology, remediation and habilitation, and lifestyle choices and autonomy.

Author Biography

Professor Stanley Sholom Herr taught at the University of Maryland School of Law from 1983 until his death in September 2001. In addition to his work in public policy, he was a Switzer Distinguished Research Fellow of the National Insitiute of Disability and Rehabilitation Research, Schell Senior Research Fellow at the Yale Law School Schell Center for International Human Rights, and President of the American Association on Mental Retardation. Lawrence O. Gostin is Professor of Law at Georgetown University, Professor of Public Health at the Johns Hopkins University, and Director of the Center for Law and the Public's Health at Georgetown and Johns Hopkins Universities. He has contributed to U.S. government advisory boards in several areas of public health. Harold Hongju Koh is the Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School, where he has taught since 1985. From 1998 to 2001, he served in the U.S. as Assistant Secretary of State for Democracy, Human Rights, and Labor. He has been a fellow of the American Academy of Arts and Sciences, and the Guggenheim and Century Foundations.

Table of Contents

Dedication

Foreword

Introduction

Conceptualizing Intellectual Disabilities: History and Terminology

Meeting the Needs of People with Intellectual Disabilities: International Perspectives

Terminology and Power

Definitions and Classifications in Cross-cultural Perspectives

Social Policy Toward Intellectual Disablilities in the Nineteenth and Twentieth Centuries

The Human Rights Movement: International Norms and Standards

From Wrongs to Rights: International Human Rights and Legal Protection

Disability as a Subject of International Human Rights Law and Comparative Discrimination Law

Human Rights Standards and Legal Reforms

Liberty, Due Process, and the Pursuit of Happiness

The Disability Rights Movement: Anti-discrimination Legislation

The Potential of Disability Nondiscrimination Laws

When Legislation Should Take Intellectual Disabilities into Account

Statutory Changes in Disability Policy: Types of Legislation, Policies, and Goals

Equality and Difference: Social Policy Perspectives

On Second Thoughts: Constructing knowledge, Law, Disability, and Inequality

Prevention of Disability: Is There a Conflict between Public health Prevention and Respect for Persons with Disabilities

Studying the Emerging Workforce

The Economics of Equality: An Exploration of Country Differences

Out-of-home Placement of Children with Intellectual Disabilities: the Need for a Family Support Policy

Self Determination, Autonomy, and Alternatives for Guardianship

Future Goals and Aspirations

Voices of Self-advocates

Recommendations for Developing Nations

Recommendations for the United Nations and International NGOs

Conclusion

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