Chapter

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

Michael L. Perlin

in International Human Rights and Mental Disability Law

Published in print August 2011 | ISBN: 9780195393231
Published online September 2011 | e-ISBN: 9780199914548 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195393231.003.0014

Series: American Psychology-Law Society Series

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

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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: law school education; the limits of expert testimony; the private law question of a psychotherapist’s duty to warn, and corrections law. Although these issues appear to have little in common, I conclude that the same overarching factors discussed previously and subsequently—the role of sanism and pretextuality, and the importance and promise of therapeutic jurisprudence—play a major role in any analysis of these disparate issues. Although—with the modest exception of corrections law—there has been very little scholarly literature about the intersection between international human rights law and these substantive legal questions, it is hoped that, as time goes on (and especially in light of the ratification of the CRPD), we will come more readily to see the significance of this intersection.

Keywords: legal education; distance learning; comparative law; expert testimony; risk assessment; mental disability law; international human rights law; tort law; duty to protect; corrections; prison litigation; UN Convention on the Rights of Persons with Disabilities; Prison Litigation Reform Act

Chapter.  17360 words. 

Subjects: Criminal and Forensic Psychology

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