'The Pain I Rise Above': How International Human Rights Can Best Realize the Needs of Persons with Trauma-Related Mental Disabilities

37 Pages Posted: 22 Aug 2017

See all articles by Mehgan Gallagher

Mehgan Gallagher

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

Michael L. Perlin

New York Law School

Date Written: August 17, 2017

Abstract

Persons with mental disabilities — and specifically those with trauma-related mental disabilities — must seek to rise above their pain each day, in a world that is not designed to understand or have compassion for their individualized needs. This population is disproportionately traumatized, not only by the existence of their disability, but also by how others treat them. This article explores how international human rights documents — particularly the UN Convention on the Rights of Persons with Disabilities (CRPD) — can be used to realize the rights of dignity, respect, and equality for persons with trauma-related mental disabilities, and how trauma-informed practice, therapeutic jurisprudence, and problem-solving courts can be utilized to ensure the protection of the rights of individuals with trauma-related mental disabilities.

Keywords: international human rights, therapeutic jurisprudence, CRPD, trauma, mental disability law

Suggested Citation

Gallagher, Mehgan and Perlin, Michael L., 'The Pain I Rise Above': How International Human Rights Can Best Realize the Needs of Persons with Trauma-Related Mental Disabilities (August 17, 2017). NYLS Legal Studies Research Paper No. 3021044, Available at SSRN: https://ssrn.com/abstract=3021044 or http://dx.doi.org/10.2139/ssrn.3021044

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

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/

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