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Social contract theories generally predicate the authority of rules that govern society on the idea that these rules are the product of a contractual agreement struck between members of society. These theories embody values, such as equality, reciprocity and rationality, that are highly prized within our culture. Yet a closer inspection reveals that these features exclude other important values, relations and even persons from the realm of contractual morality and justice, especially people with severe intellectual disabilities. Jonas-Sébastien Beaudry explores the moral status of intellectually disabled people in social contract thought and argues that this tradition needs to be revisited to include the most vulnerable. Addressing this problem will have concrete repercussions in law and policy, because many issues that people with disabilities face are connected to deeply rooted assumptions about their status as full citizens or full members of our moral, political and legal communities.

What happens when a group traditionally defined as lacking the necessary capacities of citizenship is targeted by government programs that have made ‘citizenship inclusion'their main goal? Combining theoretical perspectives of political philosophy, social theory, and disability studies, this book untangles the current state of Western intellectual disability politics following the replacement of state institutionalisation by independent and supported living, individual rights, and self-determination. Taking its cue from Foucault's conception of ‘biopolitics', denoting the government of the individuals and the totality of the population, its overarching argument is that the ambiguous positioning of people with intellectual disabilities with respect to the ideals of citizenship results in a regime of government that simultaneously includes and excludes people of this group. On the one hand, its members are projected to become ideal-citizens via the cultivation of citizenship capacities. On the other, the right to live independently and by their own choices is curtailed as soon as they are seen as failing with respect to the ideals of reason and rationality. Therefore, coercion, restraints, and paternalism, which were all supposed to end with deinstitutionalisation, are still ingrained in services targeting the group. In equal parts a theoretical work, advancing debates of critical disability theory, social theory, and post-structural philosophy, as well as an empirical engagement with the history of intellectual disability politics and the ways in which present day politics target the group, this book will be of interest to all students and scholars of disability studies, disability politics, and political theory.

In the first sustained examination of disability through the lens of political theory, The Capacity Contract shows how the exclusion of disabled people has shaped democratic politics. Stacy Clifford Simplican demonstrates how disability buttresses systems of domination based on race, sex, and gender. She exposes how democratic theory and politics have long blocked from political citizenship anyone whose cognitive capacity falls below a threshold level⎯marginalization with real-world repercussions on the implementation of disability rights today. Simplican's compelling ethnographic analysis of the self-advocacy movement describes the obstacles it faces. From the outside, the movement must confront stiff budget cuts and dwindling memberships; internally, self-advocates must find ways to demand political standing without reinforcing entrenched stigma against people with profound cognitive disabilities. And yet Simplican's investigation also offers democratic theorists and disability activists a more emancipatory vision of democracy as it relates to disability⎯one that focuses on enabling people to engage in public and spontaneous action to disrupt exclusion and stigma. Taking seriously democratic promises of equality and inclusion, The Capacity Contract rejects conceptions of political citizenship that privilege cognitive capacity and, instead, centers such citizenship on action that is accessible to all people.

Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.

Society is largely blind-often willfully blind-to the ongoing violations of international human rights law when it comes to the treatment of persons with mental disabilities. Despite a robust set of international law principles, standards and doctrines, and the recent ratification of the United Nations'Convention on the Rights of Persons with Disabilities, people with mental disabilities continue to live in some of the harshest conditions that exist in any society. These conditions are the product of neglect, lack of legal protection against improper and abusive treatment, and social attitudes that demean, trivialize and ignore the humanity of persons with disabilities. International Human Rights and Mental Disability Law: When the Silenced are Heard draws attention to these issues in order to shed light on deplorable conditions that governments continue to ignore, and to invigorate the debate on a social policy issue that remains a low priority for most of the world's nations. Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems. Using examples from Western and Eastern Europe, South America, Africa and Asia, Perlin examines and summarizes the growing field of international mental health law, arguing that governmental inaction demeans human dignity, denies personal autonomy, and disregards the most authoritative and comprehensive prescription of human rights obligations. As Perlin argues, these issues pertain to all citizens of the world who value human rights and who care about how we treat those of us who may be most vulnerable. International Human Rights and Mental Disability Law is an indispensable resource for scholars, policymakers, governmental officials, and mental health professionals who care about the treatment of those with disabilities, and to human rights advocates and activists worldwide.

This book provides a multidisciplinary examination of human rights and the lives of people with intellectual disabilities. It combines historical, psychological, philosophical, social, educational, medical and legal perspectives to form a unique and insightful account of the subject.