Disability

  • Read more: Department of Justice Misuses Research by Persons with Disabilities to Justify Their Segregation

    Department of Justice Misuses Research by Persons with Disabilities to Justify Their Segregation

    Last month, the U.S. Department of Justice’s Office of Legal Counsel (OLC) released a memo that advances a vanishingly narrow reading of states’ longstanding legal duty to serve persons with disabilities in community-based settings, rather than in segregated institutions. 

  • Read more: Intellectual Disability, Geography, and a Life-or-Death Decision

    Intellectual Disability, Geography, and a Life-or-Death Decision

    On May 21, the U.S. Supreme Court issued a decision in Hamm v. Smith, a case being heavily watched by both criminal justice and disability rights advocates for its potential impact on convictions for individuals sentenced to death involving a determination of intellectual disability. 

  • Read more: Beyond Guardianship: A Tiered Approach to Care for Unrepresented Veterans

    Beyond Guardianship: A Tiered Approach to Care for Unrepresented Veterans

    “Unrepresented” veterans — those lacking both the capacity to make medical decisions on their own and surrogates to act on their behalf — face difficulty transitioning from VA hospitals to post-acute care facilities, such as nursing homes or assisted living, due to their inability to provide consent.

  • Read more: The Right to Care and Disability in Latin America

    The Right to Care and Disability in Latin America

    On Aug. 7, 2025, with Advisory Opinion OC-31/25, the Inter-American Court of Human Rights took a decisive step by becoming the first international court to recognize the human right to care as an autonomous right.

  • Read more: The Inter-American Court of Human Rights’ “Right to Care”

    The Inter-American Court of Human Rights’ “Right to Care”

    New directions for disability advocacy and organizing in the Americas? On August 7, 2025, the Inter-American Court of Human Rights broke new ground in international human rights law by recognizing the “right to care” as an autonomous and enforceable right. Its Advisory Opinion recognizes care as an essential and universal human need on which functioning societies and humanity itself…

  • Read more: Event Recap: What to Expect from the Nascent Negotiations of an International Human Rights Treaty for Older Persons

    Event Recap: What to Expect from the Nascent Negotiations of an International Human Rights Treaty for Older Persons

    The case for a new international human rights treaty for older persons is clear. In much of the world, older persons represent ever-larger shares of the population. The World Health Organization estimates the number of people aged over 60 will double by 2050. 

  • Read more: Older Persons’ Human Rights

    Older Persons’ Human Rights

    Recording

    This virtual event will discuss a forthcoming international treaty on the rights of older persons and how it could build on lessons from the Convention on the Rights of Persons with Disabilities. On April 3, 2025, the United Nations (UN) Human Rights Council adopted a resolution jumpstarting the multilateral process for negotiating a new international treaty on the rights…

  • Read more: 2025 Annual Conference: Law, Health Care, and the Aging Brain and Body

    2025 Annual Conference: Law, Health Care, and the Aging Brain and Body

    Recording

    The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School is pleased to announce our 2025 annual conference: “Law, Health Care, and the Aging Brain and Body.” This year’s conference is organized by the Petrie-Flom Center in collaboration with Nina A. Kohn, the David M. Levy Professor of Law at Syracuse…