Over 10 years ago, the Supreme Court's landmark decision in
Olmstead v. L.C. held that unjustified isolation of mentally disabled individuals in institutions is a form of disability discrimination prohibited by the Americans with Disabilities Act (ADA). Since
Olmstead, states have continued to rethink their commitments to massive levels of imprisonment. Concerns continue, however. States are still moving individuals into prisons, as well as mental institutions, via faulty commitment and competency proceedings rather than developing comprehensive community care.
There is a need to address conditions of institutionalization, including mental health parity. Some recent initiatives include mental health courts, changes in state laws, and most recently the influence of the federal mental health parity law. The new Convention on the Rights of People with Disabilities, adopted by the UN in 2006, adds an international human rights law dimension to the right to live in the community and to receive services there.
James Ellis begins the panel with historical perspectives in "The Past as Prologue: Shifting Legal Theories before Olmstead." Arlene Kanter adds an international dimension with "There's No Place Like Home: The Right to Live in the Community for People with Disabilities Under International Human Rights Law and the Domestic Laws of the United States." William Brooks addresses the civil commitment process in "The Tail Still Wags the Dog: The Pervasive and Inappropriate Influence by the Psychiatric Profession on the Civil Commitment Process" and Robert Schopp discusses mental health courts in "Mental Health Courts: Competence, Responsibility, and Proportionality."
Business Meeting at Program Conclusion.