The European Tribune is a forum for thoughtful dialogue of European and international issues. You are invited to post comments and your own articles.
Please REGISTER to post.
The number of people institutionalized decreased constantly after the Second World War, partly due to the work of patient advocates and partly because government cheapskates saw it as a way to save money. Reagan was one of the latter, but it is simplistic to think that he was a jerk who hated crazy people. This issue has been discussed in the legal system at great length, and at this point it is extremely difficult to put someone in an institution without their permission.
In L.C. v. Olmstead, 527 U.S. 581 (1999), the United States Supreme Court ruled that placing in institutional facilities individuals with disabilities who are capable of living in community settings constitutes a form of discrimination under the Americans with Disabilities Act (ADA). 42 U.S.C. § 12132. In so ruling, the Court gave great power to the "integration mandate" found in Title II of the ADA that applies to state entities. It requires that public entities administer programs, "in the most integrated setting appropriate to the needs of qualified individuals with disabilities." 28 CFR § 35.130. The Court also recognized Congress's intent to set forth a "comprehensive view of the concept of discrimination" in the ADA that does not require a demonstration that people with disabilities were treated differently than a comparison class of individuals with no disabilities. Olmstead, 527 U.S. 581, 598. In this case, segregation of persons with disabilities in institutions (and the consequences of that segregation) was viewed as inherently discriminatory.
by Cat - Mar 31 1 comment
by Frank Schnittger - Mar 22 3 comments
by Oui - Mar 27 23 comments
by gmoke - Mar 17
by Oui - Mar 16 22 comments
by Oui - Mar 15 5 comments
by Frank Schnittger - Mar 9 3 comments
by Frank Schnittger - Mar 14 14 comments
by Cat - Mar 311 comment
by Oui - Mar 31
by Oui - Mar 294 comments
by Oui - Mar 274 comments
by Oui - Mar 2723 comments
by Oui - Mar 22
by Oui - Mar 2211 comments
by Frank Schnittger - Mar 223 comments
by Oui - Mar 1988 comments
by Oui - Mar 1744 comments
by Oui - Mar 1622 comments
by Oui - Mar 1541 comments
by Oui - Mar 155 comments
by Frank Schnittger - Mar 1414 comments
by Oui - Mar 134 comments
by Oui - Mar 128 comments
by Oui - Mar 1112 comments
by Oui - Mar 1060 comments