Fall 2025 • Reading Group
Disability, Capacity, and Rights
Prerequisite: None
Exam Type: No Exam
Persons with intellectual disabilities the world over have faced innumerable obstacles to full and effective participation in all aspects of life. While advocates with intellectual disabilities and their allies have made remarkable strides in overcoming many of these obstacles, considerable barriers remain. Specifically, persons with intellectual disabilities’ decision-making capacity is frequently called into question by laws, policies, and programs that may predicate rights restrictions on perceived capacity limitations. Grounding ourselves in international human rights legal protections, this reading group will explore the ways in which laws, policies, and programs both succeed and fail to accommodate persons with intellectual disabilities across a variety of contexts and the role that capacity plays in delimiting the scope of evolving human and civil rights protections. This group will explore sources of international law, starting with the United Nations Convention on the Rights of Persons with Disabilities, as well as selected court cases, to frame discussions about the proper role of capacity in delimiting the rights and responsibilities of persons with intellectual disabilities. These sources will be supplemented with opportunities to dialogue directly with advocates with lived experiences to understand their perspectives on the attitudinal, informational, and institutional barriers they routinely face when accessing their rights.
Note: This reading group will meet on the following dates: TBD.