Why a Disability Rights Tribunal Must Be Premised on Therapeutic Jurisprudence Principles

Psychological Injury and the Law, special symposium issue on "Therapeutic Jurisprudence and Problem-Solving Courts," Forthcoming

39 Pages Posted: 6 Oct 2016

See all articles by Michael L. Perlin

Michael L. Perlin

New York Law School

Mehgan Gallagher

O'Neill Institute for National and Global Health Law; New York Law School

Date Written: October 3, 2016

Abstract

The authors have previously written about the need for a disability rights tribunal in Asia (DRTAP) along with an information center (DRICAP) as part of that tribunal so that litigants can easily access the controlling domestic case law, statutes and regulations of the participating nations.

We believe a successful DRTAP must be premised on therapeutic jurisprudence (TJ) principles, and that its creation would be hollow without dedicated and knowledgeable lawyers representing the population in question. In accordance with TJ principles, it must incorporate “voice, validation and voluntary participation” to insure that litigants have a sense of voice or a chance to tell their story to a decision maker.

We believe the Tribunal must operate, in part, as a problem-solving court to address the underlying problems — not just the symptoms — of social issues such as substance abuse, domestic violence, child abuse and mental illness. The idea of such courts has been exported to other nations. We believe that if the DRTAP operates in a manner consonant with these principles — following the best examples of domestic mental health courts and community courts — it will more likely fulfill the TJ mandate. The application of TJ will ensure the reshaping of legal rules, procedures and lawyers’ roles to enhance their therapeutic potential without subordinating due process principles.

Keywords: Therapeutic jurisprudence; problem-solving courts; international human rights; mental disability law; regional tribunals; comparative law; interregional courts; Asia and the Pacific; disability rights

Suggested Citation

Perlin, Michael L. and Gallagher, Mehgan, Why a Disability Rights Tribunal Must Be Premised on Therapeutic Jurisprudence Principles (October 3, 2016). Psychological Injury and the Law, special symposium issue on "Therapeutic Jurisprudence and Problem-Solving Courts," Forthcoming, Available at SSRN: https://ssrn.com/abstract=2848454

Michael L. Perlin (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
212-431-2183 (Phone)

HOME PAGE: http://https://www.nyls.edu/faculty/faculty-profiles/emeriti_faculty/

Mehgan Gallagher

O'Neill Institute for National and Global Health Law ( email )

600 New Jersey Avenue NW
Washington, DC 20001
United States

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

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