Seattle University Collaborative Projects - International Academy of ...

This paper will provide an international human rights audit of the Mental Health legislation (andalso policies and practices) in New Zealand.It is in three parts. The first will be an outline of what the human rights framework requires: thisin turn will involve an analysis of the relevant treaty provisions (mainly the ICCPR and theCRPD, supplemented by relevant “soft law” declarations and guidance from bodies such as theWHO) and of the relevant supplemental material in the form of case law from the Human RightsCommittee (and analogous case law from the European Court of Human Rights). There will alsobe consideration of the impact of the ICESCR and the growing view that it provides some "hardlaw.”The second part will be an analysis of the provisions of the NZ Bill of Rights Act, whichprovides for a non-constitutional protection for fundamental rights (via a strong interpretiveobligation on courts to construe statutes so as to comply with rights, though without any powerto strike down a non-compliant statute) and an account of the cases that have been argued in thedomestic courts raising BORA points. In addition, there will be an assessment of otherprovisions of domestic law that have a “rights” basis to them, such as the Privacy Act, and suchas the Health and Disability Commissioner’s Code of Rights, and an assessment of their role inlitigation.The final part will be an analysis of such other parts of the legislative framework as have not atthis stage been subject to litigation or are not clearly covered in a rights-compliant fashion.The assessments in the second and third parts will lead to a view as to whether or not NewZealand law is compliant with the current understanding of what a rights-based mental healthlaw framework requires.186. Examining Disability Law in Theory and Practice: ATherapeutic Jurisprudence AnalysisAn Un-level Playing Field: The Psychological and Emotional Impact of theIndividuals with Disabilities Education Act on Parents of Children withDisabilities: A Therapeutic Jurisprudence AnalysisRichard Peterson, Pepperdine University, USA (richard.peterson@pepperdine.edu)This presentation addresses the psychological and emotional impact of the Individuals withDisabilities Education Act (IDEA) upon parents of children with disabilities. In 1975 the UnitedStates Congress passed Public Law 94-142, which required on constitutional principles of equalprotection and due process that all children with disabilities have an opportunity to receive a freeand appropriate public education. The Act, now known as the IDEA, also required that parents beincluded in the decisional processes associated with a student’s educational placement andprogramming. Although Congress declared that “…30 years of research and experience hasdemonstrated that the education of children with disabilities can be made more effective by …440