Human rights and applied psychology

Applied and community psychology necessarily involves the consideration of human rights issues. The problems experienced by many of the clients of applied psychologists result from human rights abuses, the provisions of the Human Rights Act (1998) relate to the everyday practice of applied and community psychologists, and psychologists have a distinctive perspective on human rights. For psychologists, human rights reflect formalized systems for ensuring that people's basic needs are satisfied. Declarations of human rights and legal provisions therefore represent, for psychologists, codifications of how we collectively understand our relationships and social obligations. It is therefore argued that psychologists should positively advocate for the application of psychological science to these issues. Copyright © 2007 John Wiley & Sons, Ltd.     

The Historical and Political Context of the Civil Rights of Persons With Disabilities: A Multicultural Perspective for Counselors

The authors provide a useful historical link between the civil rights movement in the 1960s and the disability rights movement. The origins of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Rehabilitation Act of 1973 are discussed from the sociopolitical context at the time of their passage. Important links are drawn between these laws, affirmative action, cultural diversity, and multiculturalism. The authors address the role of the counselor with respect to becoming advocates for persons with disabilities in the face of injustice.     

Lobbying for Civil and Religious Rights of Immigrants and Muslims: Desecuritization Strategies of Islamic Umbrella Organizations in Germany

This article discusses how Islamic umbrella organizations advocate for civil rights of immigrants and Muslims in Germany. By focusing on the changing migration and security regimes at the turn of the twenty-first century, it analyzes the political emphasis on perceived “threats” in light of theoretical debates about the “securitization of migration”, and in particular, the role of Islamic organizations as lobbyists which publicly protest against associations being made between the two policy fields. Their public protest is against provisions of the new Nationality Act (2000) and the Immigration Act (2005) that require immigrants to prove German language skills, to be able to support themselves, and to pass naturalization tests as well as against the lack of dual citizenship and local voting rights. In addressing these issues, Islamic umbrella organizations expand their traditional scope of advocacy work to achieve religious rights for Muslim individuals and organizations, such as the official recognition of Islamic umbrella organizations and the introduction of Islamic religious education in public schools.     

The Origins and Legacy of the Civil Rights Act of 1964

Purpose

This paper provides a historical review of the origins and legacy of the 1964 Civil Rights Act through the lens of the African American Civil Rights and the Women’s Rights Movements.

Design/Methodology/Approach

The historical narrative was developed using psychological, historical, and legal source material.

Findings

While the Civil Rights Act did not immediately change the landscape of equality in the American workplace, it signaled a fundamental shift in the treatment of racial and gender diversity. In concert with other social, legal, and political shifts, it paved the way for progress on issues like affirmative action, pregnancy discrimination, and sexual harassment.

Implications

Without an understanding of the historical development and consequences of the Civil Rights Act, it is easy to lose sight of how the act has shaped the understanding of equality in the American workforce. Further, the way in which rights movements evolved alongside each other illuminates a need to focus not only on equality between majority and minority groups but also on issues of equality among minority groups.

Originality/Value

Previous reviews of the Civil Rights Act and rights movements tend to focus narrowly on one issue or group, and approach that concern from a single academic discipline. In contrast, we provide a review of the roots and consequences of the Civil Rights Act based on the developments of two rights movements, and draw from sources in psychology, history, political science, and legal perspectives to provide a broader picture of this landmark legislation.     

The health capability paradigm and the right to health care in the United States

Against a backdrop of non-ideal political and legal conditions, this article examines the health capability paradigm and how its principles can help determine what aspects of health care might legitimately constitute positive health care rights—and if indeed human rights are even the best approach to equitable health care provision. This article addresses the long American preoccupation with negative rights rather than positive rights in health care. Positive health care rights are an exception to the overall moral range and general thrust of U.S. legal doctrine. Some positive rights to health care have arisen from U.S. Constitutional Eighth Amendment cases and federal and state laws like Medicare, Medicaid, the State Children’s Health Insurance Program, the Emergency Medical Treatment and Active Labor Act, and the Patient Protection and Affordable Care Act. Finally, this article discusses some of the difficulties inherent in implementing a positive right to health care in the U.S.     

Normative and legal procedure prerequisites in the commitment of psychiatric patients in relation to Paragraph 6 of the Commitment Law of East Germany

An analysis has revealed the following typical mistakes in the application of article 6 of the Commitment Act: Commitment is often not preceded by an interview with the patient. Many of the patients committed under article 6 would have agreed to hospitalisation anyway. In most cases, the reasons given for commitment under the Act are inadequate and too vague. The patients are not usually given the commitment order in writing. The district medical officers often fail to inform the local councils or the state attorney. The patients are very rarely instructed of their rights. In many cases the demands placed on the hospital responsible for treatment are inadmissible, such as commitment to closed wards or requests for indefinite hospitalisation.     

The South African truth and reconciliation commission as a therapeutic tool

A Truth Commission is one of the institutions used in international law to investigate gross human rights violations within a specific country. In this article we examine claims that the South African Truth and Reconciliation Commission (TRC) was therapeutic. In the absence of empirical evidence, this examination will be guided by a theoretical framework that will reflect ways by which we believe international legal institutions can contribute tot he healing of the people of a country in which human rights abuses have taken place. We developed this framework with reference to the literature. Our conclusion is that the legislator's emphasis on truth, reconciliation, stability, and restorative justice enhanced the TRC's potential to promote healing, but that some features of this procedure and the enabling Act, the Promotion of National Unity and Reconciliation Act (1995), restricted its ability to be therapeutic. We conclude by looking at the role culture may have played in the success of the TRC.     

EVIDENTIARY STANDARDS IN EMPLOYMENT DISCRIMINATION: A VIEW TOWARD THE FUTURE

This article reviews recent changes in evidentiary standards in employment discrimination litigation as they relate to disparate impact theory. Precedents established in Watson v. Fort Worth Bank and Wards Cove Packing Co. v. Atonio , altering the employee's and the employer's responsibilities in discrimination cases are analyzed. In reaction to these and other Supreme Court rulings, Congress introduced a civil rights bill which was eventually signed into law after numerous compromises. The debate surrounding the development of the 1991 Civil Rights Act and the legislation itself are reviewed. With respect to disparate impact, the Act addresses the criteria for establishing a prima facie case (causation), burden of proof standards, and a definition of business necessity. However, a close reading of the Act and a review of recent disparate impact cases suggest the causation and business necessity issues are not fully resolved. Potential implications for managing personnel decision systems in this new environment are discussed.     

The federal response to child abuse and neglect

Addressing the problem of child maltreatment is a high priority for the Clinton administration. Guided by the principles of safety, permanency, and the child's well-being, the Administration on Children and Families (ACF) has made great strides in improving the lives of maltreated children. Critical programs administered by ACF include the Adoption and Safe Families Act, Community-Based Family Resource and Support Program grants, Children's Justice Act programs, and Child Abuse Prevention and Treatment Act research and demonstration projects. Projects serve both to expand existing programs and to develop innovative approaches. ACF has also sponsored several multidisciplinary national conferences designed to generate a sense of shared responsibility and a renewed commitment to solving problems of child abuse and neglect.     

Propositions as Structured Cognitive Event-Types

According to act theories, propositions are structured cognitive act-types. Act theories appear to make propositions inherently representational and truth-evaluable, and to provide solutions to familiar problems with alternative theories, including Frege’s and Russell’s problems, and the third-realm and unity problems. Act theories have critical problems of their own, though: acts as opposed to their objects are not truth evaluable, not structured in the right way, not expressed by sentences, and not the objects of propositional attitudes. I show how identifying propositions with other cognitive event-types, namely thoughts, has the perceived virtues of act theories without the defects.     

Brain death, religious freedom, and public policy: New Jersey's landmark legislative initiative

"Whole brain death" (neurological death) is well-established as a legal standard of death across the country. Recently, New Jersey became the first state to enact a statute recognizing a personal religious exemption (a conscience clause) protecting the rights of those who object to neurological death. The Act also mandates adoption through the regulatory process of uniform and up-to-date clinical criteria for determining neurological death.     

The Tyranny of the Enfranchised Majority? The Accountability of States to their Non-Citizen Population

The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps on ordinary representative politics. Are they the ultimate success story of the human rights framework? Or was Michael Walzer correct to describe government of denizens by citizens as a modern form of ‘tyranny’? This paper argues that neither liberal rights theorists nor democratic republicans provide a coherent response to the existence of denizens. Liberal rights theorists overstate the extent to which a politically powerless status can secure individual rights, while democratic republicans idealise the political process and wrongly assume that all those affected by laws are eligible for political participation. The paper outlines an alternative model for assessing the accountability of states to their non-citizen population, informed by the republican ideal of non-domination. It identifies gaps in state accountability to denizens–such as where there is inadequate diplomatic protection—and argues that these gaps are particularly troubling if their exit costs of leaving the state are high.     

Restoration of Firearm Rights in New York

The National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007 encouraged states to create processes by which individuals who have lost their rights to firearm possession for mental-illness-related reasons could receive relief from restrictions. Over 20 states have created relief processes for this sub-group, but there still exists considerable state-by-state heterogeneity. The spectrum ranges from states that require a physician's opinion regarding appropriateness for restoration to those that rely solely on judicial proceedings without input from psychiatrists or other mental health professionals. This article reviews the restoration process in New York State, a model in which psychiatrists participate in the process of assessing whether an individual's firearm rights can be restored. It discusses the legislative background of these regulations, the specific policies and procedures governing the restoration process, and clinical considerations for the forensic evaluation. Copyright © 2015 John Wiley & Sons, Ltd.     

Psychological consultation under Oregon's 1994 Death With Dignity Act: ethics and procedures

The Oregon 1994 Death With Dignity Act prescribes an evaluation by a psychologist or psychiatrist when the patient is suspected to be suffering from impaired judgment. Several attempts have been made to propose procedures for assessing end-of-life mental conditions and competence. The psychologist's role may include ethical considerations, protecting patients' rights to autonomy, ensuring competent judgment, preventing unnecessary suffering and appropriate diagnoses of mental disorders, and supporting family members and the health care team.     

Empirical study of the Americans with Disabilities Act: employment issues from 1990 to 1994

The Americans with Disabilities Act (ADA) of 1990 is the most comprehensive federal civil rights law addressing discrimination against one-fifth of the American population. This article is meant to contribute to the emerging dialogue on ADA implementation by presenting information from a longitudinal investigation of employment integration and economic opportunity under the employment provisions of the ADA, set forth in Title I of the act. The broader relevance of the investigation to emerging questions under Title I law is described. Thereafter, the investigation's seven core findings are presented, and then the implications for future investigation of the ADA are examined.     

Legal issues in maximum security institutions for people with mental illness: liberty,security, and administrative discretion

This article explores four legal issues relevant to the provision of care in secure hospitals. These include the current status of right to treatment litigation; the potential impact of the Americans with Disabilities Act; new developments in laws governing restraint and seclusion; and the need for uniform institutional policies on risk assessment. These issues illustrate the potential conflicts between individual autonomy and institutional control that have been at the heart of mental health law for three decades. The article suggests that because of the diminishing oversight provided by the federal judiciary, institutional custodians have a particular obligation to ensure that individual rights are not overwhelmed by concerns with security.     

Facing Down the Representation of An Impossibility: Indigenous Responses to a ‘Universal’ Problem in the Repatriation Context

This paper explores the ways Native Americans and Native Hawiians have responded to what Ernesto Laclau has called ‘the representation of an impossibility’—the discursive crisis faced by non-dominant groups who seek to advance rights claims in ways that are culturally rooted but universally audible to ideologically dominant audiences. Taking the NAGPRA law of 1990 as its case study, this paper asserts the need for a re-theorisation of indigenous religious discourse in order to illuminate the ways native peoples build rather than concede agency through self-representations in the current political moment. Pursuing this argument, the paper charts an analytical course specifying the relationship of rights claims to discourse, hegemony, articulation, tradition, and religion. The paper then focuses upon specific examples of religious claims in the context of the Native American Graves Protection and Repatriation Act to demonstrate the ways Native Americans have faced down an ‘impossibility’.     

No‐man's Land: Adoption Storied Through the Aotearoa/New Zealand Adoption Act 1955

The Aotearoa/New Zealand Adoption Act 1955 legislated and governed adoption practices from 1955 to 1985. Through an exploration of the historical, cultural and social assumptions underlying the Adoption Act 1955, this article questions how the social power relations complicit with adoption legislation and policy produce and reproduce subject positions for adoptees. In‐depth narrative interviews were conducted with 12 adoptees from throughout Aotearoa/New Zealand. The researchers found the legal constitution of adoptees produces them as legitimate; however, they remain ‘other’ through dominant discourses of heteronormative blood kinship that reiterates their illegitimacy. The legal fiction of their legitimacy as if born to failed to secure them space within normative narratives of kinship and compromised adoptees' ability to take up responsibility as neoliberal citizens. Current New Zealand debate on adoption fails to take account of the experience of adoptees, focusing instead on the rights of married couples, including same‐sex couples, to continue practices of adoption. Our analysis informs the critical importance of listening to how adoptees experience repeated exclusions and enduring loss represented by the metaphor of no‐man's land. Copyright © 2015 John Wiley & Sons, Ltd.     

Genetic Discrimination and the Employment Provisions of the Americans with Disabilities Act: Emerging Legal,Empirical, and Policy Implications

The Americans with Disabilities Act of 1990 (ADA) is the most comprehensive federal civil rights law addressing employment discrimination against potentially millions of Americans. The Human Genome Project (HGP) is a federally funded research effort that seeks to map and sequence every human gene. This article is meant to contribute to the emerging dialogue on the interplay between the HGP and the employment provisions of the ADA, set forth in Title I of the act. The relevance of the HGP to emerging legal questions, including those arising under Title I and recent EEOC guidelines, is described. Thereafter, empirical issues are discussed, and directions for future investigation of genetic discrimination under the ADA are explored.     

Decision-making incapacity among nursing home residents: results from the 1987 NMES survey. National Medical Expenditure Survey

Recent legislative and regulatory developments have focused attention on older adults' capacity for involvement in health care decision-making. The Omnibus Budget Reconciliation Act of 1987 (OBRA 87) focused attention on the rights of nursing home residents to be involved in health care decision-making to the fullest extent possible. This article uses data from the 1987 National Medical Expenditure Survey (NMES) to examine rates of incapacity for health care decision-making among nursing home residents. Elements of the Oklahoma statute were used to operationalize decision-making incapacity: disability or disorder, difficulty in decision-making or communicating decisions, and functional disability. Fifty-three percent of nursing home residents had a combination of either physical or mental impairment and an impairment in either self-care or money management. The discussion focuses on the policy and practice implications of significant rates of incapacity among nursing home residents.