Development of the Disability Rights Movement in USA

1. Development of the Disability Rights Movement in USA Sherrie Brown LSJ/CHID 434 January 11, 2010

2. Topics for Today • Language and Definitions • History continued • Discussion of Reading/Questions • Next Class Assignment • Country Groups—assignments

3. What do we say? • Cripple, invalid, moron, deaf & dumb • Handicapped • Person with a disability (PWD) • Disabled person (DP) • DisAbled/DisAbility • Deaf person • Person who is deaf/hard of hearing • Blind person • Person who is blind/vision impaired

4. Euphemisms… • Physically challenged • Differently able(d) • Special • Wheelchair bound • Stroke victim • Temporarily able bodied (TAB)

5. Legal Definitions: • Impairment: refers to physical or mental limitations that an individual may have or is labeled as having—e.g., difficulty walking or dyslexia. • Disability: ADA/Section 504 define as • 1) physical or mental impairment that substantially limits a major life activity; • 2) has a record of such impairment; or • 3) is regarded as having such an impairment.

6. World Health Organization (WHO): • A disability is any restriction or lack (resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being. (ICIDH 1980) • Disability is characterized as the outcome or result of a complex relationship between an individual’s health condition and personal factors, and of the external factors that represent the circumstances in which the individual lives. (ICIDH-2 2001)

7. Why do we care? • Power of language…to reinforce stereotypes, assumptions, etc • Disability label creates legal rights in some cases and denies rights in others. • Being assigned this label, historically (if not currently), meant discrimination—what kind depended on circumstances.

8. What is Disability?models ofinterpretation • Moral Model—Disability is a reflection of inner spiritual inferiority and/or divinely inflicted. • Medical Model—Disability is an infirmity that can only be properly addressed by professionals who attempt to cure or fix the person. • Social Pathology Model—Disability is a personality defect that individual must seek to remedy with help of experts. • Personal Tragedy Model—Disability is a fate worse than death; those inflicted are owed our compassion. • Civil Rights or Social Model—to be defined…

9. How do you define: • A Civil Right? • A Human Right?

10. What is a Civil Right? • Valid, legally recognized claim or entitlement. • Created by government to enforce rights. • Because a civil right is a creation of government – it can be taken away. • Encompasses both freedom from government interference or discriminatory treatment and an entitlement to a benefit or service.

11. What is a Human Right? • Is a natural right—every person has certain rights simply by being. • Has a moral authority even when it is not written in law. • Is inalienable (not capable of being transferred to another). • What government does not give, government cannot take away.

12. Considering Willowbrook • Was there evidence of abuse of individuals at Willowbrook? • What was justification/explanation given by state regarding conditions at Willowbrook? • When considering exposes that “compromise” privacy and confidentiality…any limitations?

13. American Disability Law Development • Historically (currently), disabled individuals pitied, abused, objects of charity, and not afforded the same “bundle” of rights as others. • Lack of power (political, economic, social) created devaluation and dehumanization. • Victimization resulted in increased segregation and self-fulfilling prophecies of dependency. • Development and growth of institutions as way to manage “dirt” aka difference. • Eugenics movement grew and state mandated sterilization became routine.

14. Beginning of change • After WWI there was growing reaction by people with disabilities and advocates. • Blind veterans formed American Foundation of the Blind. • Parents of children with disabilities developed national advocacy groups—e.g., Children’s Benevolent League (now Arc) • After WWII, other new groups developed--e.g., the Paralyzed Veterans of America.

15. Revolution • People with disabilities became involved in the civil rights movement for African Americans in 1960s. • Objective was to change society--not the person. • Civil Rights Model as way to interpret disability develops. • Lessons taken from earlier Civil Rights Movement included litigation and legislative advocacy as well as civil disobedience. • Independent Living Movement develops. • What is the Independent Living Movement? • What is/are the Independent Living Centers in Washington?

16. Disability Civil Rights Model • Limitations on the full participation of people with disabilities are not natural or foregone outcomes of impairment. • Limitations result directly from characteristics and decisions of society. • Limitations are within the environment--not the individual. • Solution is self-advocacy, systems advocacy, removal of barriers. • Enforcement of rights through legal and political action.

17. Goals of the Movement • Eradication of perceptions of inferiority and all other irrational cultural labeling. • Elimination of the discrimination that results from such perceptions. • Create equality of opportunity through access to and independence in all aspects of society.

18. For your consideration: • Disability Rights Movement was not initially united effort. Primarily 2 groups: • Individuals with Physical Disabilities. • Family/advocates for individuals with intellectual disabilities (cognitive and/or psychological differences). • When USA recognized that discrimination exists, law(s) seemed the solution. • Ask yourself throughout this course how we have done using laws as a tool to end discrimination.

19. Status of legal rights of individuals with developmental disabilities historically • Institutional settings: • Infringement on fundamental right to liberty (travel, free association, privacy) • Those “committed” often deprived of right to medical treatment, to habilitation, education, autonomy, privacy, sexual expression and even protection from harm.

20. Status continued: • In community settings: • Usually deprived of “normal” rights including education, ability to contract, to marry, be licensed, buy insurance, to vote and to be free from discrimination in obtaining employment, housing. • In criminal justice system: • Regardless of guilt, often confess, are prey for others during incarceration, etc.

21. Federal court decisions in 1970s • Mentally retarded persons involuntarily confined to state institution had a constitutional right to habilitation. Wyatt v. Stickney (Alabama 1972) • Humane psychological and physical environment ordered. • Individualized habilitation and training plan required. • Qualified professional and paraprofessional staff in sufficient numbers to deliver training required. • Extensive protections ordered to ensure that individuals were afforded basic needs—e.g., adequate food, LRE, transition, minimal physical standards, etc. • Court appointed a “Human Rights Committee” consisting of 7 members, including resident with mental retardation.

22. Judicial rulings continued: • People with mental retardation have a constitutional right to protection from harm. NY State Association for Retarded Children v. Carey (consent decree 1975) • Willowbrook forbidden from implementing seclusion, corporal punishment, medical experimentation and routine use of restraints. • Decree mandated individual plans for education, therapy, care and development of each child. • Establishment of a Consumer Advisory Committee of parents, community leaders, residents (current and former) to monitor.

23. Developmental Disabilities Assistance and Bill of Rights Act • Signed by President Ford in 1975. • Establishes that individuals have a right to appropriate treatment, services, and habilitation. • Public funds will not be spent on institutions that: • Fail to provide treatment, services and habilitation which are appropriate. • Fail to meet minimum standards of adequate food, sufficient medical and dental care. • Use physical restraints unless absolutely necessary, excessive use of chemical restraints, deny relatives right to visit at reasonable hours without prior notice, or fail to comply with adequate fire and safety standards. • Increased emphasis on deinstitutionalization.

24. Discussion • How are Coastal Center and Willowbrook different? How are they similar? • “The nondisabled world sees powerlessness as the natural product of dependence and dependence as the natural product of our needs.” • What is the government’s responsibility—if any—for individuals like Harriet McBryde Johnson or Bernard Carabello?