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- and political rights (p. 176)
- Social, economic and cultural rights (p. 340)
C    ivil and political rights (p. 176): Right to fair trial (due process) (p. 245), Right to life (p. 182): Capital punishment (p. 192); Security of the person (p. 193): Cruel and unusual punishment and torture (p. 198), Habeas corpus and detention (p. 200)
R c   ivil disabilities; human experimentation; legal disabilities; parole; political disabilities; right to legal advice; right to medical and health care
A Contributors deal with recent developments in prison litigation in U.S. Topics dealt with include the problems of degree of autonomy or surveillance of prison administration; the demise of rehabilitation as penal philosophy; the rise of the 'minimal rights' for prisoners idea; legal aid programs for prisoners. BARTHOLOMEW, ALLEN A. & MILTE, KERRY L. 'Prisoners' Rights and Behaviour Therapy'. (1979) 12 Australian and New Zealand Journal of Criminology, 222-40. A review of the problem with copious notes setting out much of the relevant literature.
 BEAVEN, ALAN. 'Prisoner's Access'. (1979) 95 Law Quarterly Review, 393-417.
This is an excellent article both as an analysis and critique of prisoners' rights in U.K. The author argues: 'The theoretical climate has changed. It is now appropriate to think in terms of what restrictions are necessary to fulfill the prescribed purposes of imprisonment . . . A prisoner need not justify his claim to a particular right. . there would be an assumption of liberty within the prison system. The theory of "prisoner's rights" would be replaced by one of "state justification": A feature of the discussion is its discussion of the European Convention of Human Rights and the Golder Case. BEDAU, H. A. 'How to Argue About Prisoners' Rights: Some Simple Ways'. (1981) 33 Rutgers Law Review, 687-705. BEDDARD R. Human Rights in Europe. London, Sweet & Maxwell, 1980, pp. 100-106. ISBN 0 421 26440 3. ISBN 0 421 26450 0. BEVAN, C. R. (ed.). Minimum Standard Guidelines for Australian Prisons: Discussion Paper. Canberra, Australian Institute of Criminology, 1978. Pp. 40. ISBN 0 642 91427 3. BRANSON, ROY. 'Prison Research: National Commission Says "No Unless. . ." '. (Feb. 1977) 7 Hastings Center Report, 15-21. BRANT, JONATHAN. 'Behavioral Modification as a Potential Infringement on Prisoners' Right to Privacy'. (1974) 1 New England Journal on Prison Law, 180-202. BRAZIER, MARGARET. 'Prison Doctors and Their Involuntary Patients'. (1982) Public Law, 282-300. BURKE, K. J. 'New United Nations Procedure to Protect Prisoners and Other Detainees'. (1976) 64 California Law Review, 201-28. BURTCH, B. E. & ERICSON, R. V. 'The Control of Treatment: Issues in the Use of Prison Clinical Services'. (1979) 29 University of Toronto Law Journal, 51-73. ENGLISH, P. 'Prisoners' Rights: Quis Custodiet Ipsos Custodes?', in J. W. Bridge et al. (eds), Fundamental Rights. London, Sweet & Maxwell, 1973, pp. 201-18. ISBN 421 19130 9. FINDLAY, MARK. The State of the Prison: A Critique of Reform. Bathurst, N. S .W., Mitchellsearch, 1982. Pp. 182. ISBN 0 9595987 5 8. The author critically examines the prison system and prison reform in Australia. In the first two chapters he looks at the Bathurst, Grafton and Katingal Institutions, then considers a variety of problem areas including Prisoner Discipline, Amenities and Conditions, Prisoner's Rights and Release, and the Politics of Prison Reform. The author draws on and discusses many aspects of the Nagle Commission Report. FINN, JEREMY. 'A Review of New Zealand's Penal Policy'. (1982) 6 Criminal Law Journal, 269-82. FIRST UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS. Standard Minimum Rules for the Treatment of Prisoners. UN Doc. A/CONF.6/L.1 Annex 67 (1956). The rules were approved by E. S.C.Res.663C, 24 UNESCOR. Supp. (No. 1)11, UN Doc.E13048 (1957). FORSYTH, D. P. 'Political Prisoners: the Law and Politics of Protection'. (1976) 9 Vanderbilt Journal of Transnational Law, 295-322.
'Freedom of Speech in Canadian Federal Penitentiaries'. (1976-77) 41 Saskatchewan Law Review, 75-9.
FRIEDMAN, PAUL R. 'Legal Regulation of Applied Behavior Analysis in Mental Institutions and Prisons'. (1975) 17 Arizona Law Review, 39-104. GOOLSBY, R. H. 'Progress Reported on United Nations Human Rights Activities to Protect Prisoners'. (1977) 7 Georgia Journal of International and Comparative Law, 467-76. GREAT BRITAIN, COMMITTEE OF INQUIRY INTO THE UNITED KINGDOM PRISON SERVICES. Report [the May Report] (Cmnd 7673). London, Her Majesty's Stationery Office, 1979. HAWKINS, GORDON. The Prison: Policy and Practice. Chicago, University of Chicago Press, 1976. Pp. 217. The author considers concisely the theoretical and practical issues of imprisonment. The penultimate chapter deals with rights of prisoners. LARSEN, E. A Flame in Barbed Wire. The Story of Amnesty International. London, F. Muller, 1978. Pp. 136. ISBN 0 584 10443 X. The book presents a history of the movement and its main activities. -I h e problems of torture and the death penalty are explored in detail. Index. LUINI DEL Russo, ALESSANDRA. 'Prisoners' Right of Access to the Court: A Comparative Analysis of Human Rights Jurisprudence in Europe and the United States'. (1978) 13 Journal of International Law and Economics, 1-39. MITCHELL, E. 'The Rights of Accused and Convicted Persons'. (1975) 8 Australian and New Zealand Journal of Criminology, 179-89. The John Barry Memorial Lecture for 1974. A short critical review of the rights or lack of rights of accused persons and prisoners. MORGAN, DAVID I. 'Treatment or Retribution?'. (1979) 12 Australian and New Zealand Journal of Criminology, 19-29. MORRIS, NORVAL . The Future of Imprisonment. Chicago, University of Chicago Press, 1974. Pp. 144. The author attempts to set out a 'jurisprudence of imprisonment'. In so doing he develops the view that the rehabilitative ideal is flawed and imprisonment is essentially retributive or a deterrent. On the other hand the author criticizes the 'over reach' of the criminal law and attempts to mete out more severe sentences to 'dangerous' offenders. He argues that in the present state of the art we cannot predict future behaviour or the effect of sanctions on future behaviour. NEW SOUTH WALES, PRIVACY COMMITTEE. Criminal Records, Rehabilitation, Public Interest: Report on the Use of Criminal Records in the Public Sector. Sydney, Privacy Committee, 1979. Pp. 35. ISBN 0 7240 6210 6. 'Prisoners' Rights: Deference and the Declining Role of Courts in Enforcing the Rights of Prisoners'. (1982) Annual Survey of American Law (Issue 1). RUDOVSKY, DAVID et al. The Rights of Prisoners. New York, Avon Books, 1973. ISBN 0 380 01387 8. SKOLER, D. L. 'World Implementation of the United Nations Standard Minimum Rules for the Treatment of Prisoners'. (1975) 101ournal of International Law and Economics, 453-82. SMODISH, SUSAN D. 'Recent Legislation Prohibiting the Use of Prison Inmates as Subjects in Medical Research.' (1974) 1 New England Journal on Prison Law, 220-43. SYMPOSIUM. 'An Examination of the Parole of Prisoners in N. S .W.'. (1974) 21 University of Sydney Institute of Criminology Proceedings, 1-74. SYMPOSIUM. 'Psychiatric Service for the Penal System'. (1972) 14 University of Sydney Institute of Criminology Proceedings, 1-48. SYMPOSIUM. 'Sentencing Project: Part III, Parole of Prisoners Act 1966'. (1971) 11 University of Sydney Institute of Criminology Proceedings, 1-55. SYMPOSIUM. 'Sentencing Project: Part II, Probation'. (1970) 10 University of Sydney Institute of Criminology Proceedings, 1-31. TASMANIA, LAW REFORM COMMISSION. Civil Disabilities of Convicted Persons (Report No. 20). Hobart, Government Printer, 1978. Pp. 11. ISBN 0 7246 0612 2. TETTENBORN, A. M. 'Prisoners' Rights'. (1980) Public Law, 74-89. THOMAS, J. E. & POOLEY, R. The Exploding Prison. London, Junction Books, 1980. Pp. 150. ISBN 0 86245 006 3. A critical study of U.K. prison system that focuses on the Hull Prison riots of 1976 and the subsequent Fowler Report. The authors argue that this report does not give an adequate diagnosis of the riots, nor prognosis for the U.K. Prison system. TRIGGS, G. 'Prisoners' Right to Legal Advice, and Access to the Courts: The Golder Decision by the European Court of Human Rights'. (1976) 50 Australian Law Journal, 229-45. VINSON, TONY. Wilful Obstruction: The Frustration of Prison Reform. Sydney, Methuen Australia, 1982. Pp. 232. ISBN 0 454 00368 4. The former Chairman of the N.S.W. Corrective Services Commission describes his attempts to implement the recommendations of the Nagle Royal Commission (1978). WORLD HEALTH ORGANIZATION. Health Aspects of Avoidable Maltreatment of Prisoners and Detainees. UN Doc.A/CONF.56/9 (1975). ZDENKOWSKI, GEORGE. 'Judicial Intervention in Prisons'. (1979-80) 6 Monash University Law Review, 294-330. ZDENKOWSKI, GEORGE & BROWN, DAVID. The Prison Struggle: Changing Australia's Penal
S Civil and political rights (p. 176): Right to life (p. 182), Security of the person (p. 193): Bodily integrity (p. 194); Discrimination (p. 260): Affirmative action (p. 299): Preferential hiring (p. 307); Rights of special groups (p. 310): Children's rights (p. 310): Health and medical care (p. 318); Social, economic and cultural rights (p. 340)
access to public places; congenital disability; disabled migrants; disabled women; economic security; legal aid; medical care; occupational health and safety; poverty; rights of hospital patients; social security AUSTRALIA, PARLIAMENT, SENATE, STANDING COMMITTEE ON HEALTH AND WELFARE.
ISBN 0 642 95610 3. AUSTRALIA, ROYAL COMMISSION INTO POVERTY. The Relationship between Poverty and Disability in Australia (Social/Medical Aspects of Poverty). Canberra, Australian Government Publishing Service, 1977. Pp. 72. ISBN 0 642 02164 3. AUSTRALIAN BUREAU OF STATISTICS. Handicapped Persons Australia (Catalogue 4343.0). Canberra, Australian Government Publishing Service, 1981. The results of a survey examining the needs and problems of handicapped persons, including causes of handicap, disabling conditions, services, aids, accommodation, employment, education, income, transport, recreation and institutionalised care. AUSTRALIAN INSTITUTE OF MULTICULTURAL AFFAIRS. The Disabled Migrant in Australia. An Annotated Bibliography. Melbourne, Australian Institute of Multicultural Affairs, 1982. Pp. 43. ISBN 0 949890 20 0. DISABILITY RESOURCES CENTRE. Into the Streets: A Book by and for Disabled People. Melbourne, Victorian Council of Social Service and Disability Resource Centre, 1981. Pp. 193. ISBN 0 959 3828 01. A handbook of legal rights and welfare resources available to handicapped people, focusing on the human rights aspects as well as practical matters. GOLDEN, D. A. 'Rights of the Handicapped'. (1982) 3 Annual Survey of American Law, 555-77. KENDALL, PATTI. 'The Needs of Disabled Women'. (May—June 1982) 8 Newsheet (Office of Women's Affairs), 9-10. LAURA, RONALD S. (ed.). Problems of Handicap. Melbourne, Macmillan, 1980. Pp. xiii + 166. ISBN 0 333 29967 1. A collection of essays on social and philosophical aspects of handicap. Part One on Understanding the Problem of Handicap. Contents: Peter Edwards, 'Looking Ahead in Special Education'; Adrian Ashman, 'Changes in Educational and Residential Care for the Mentally Retarded'; Norman Smith, 'Physical Handicap, Disability and Welfare'; Phillip Greenway and Dave Harvey, 'Reactions to Physical Handicap'; N. C. Nettleton and J. L. Bradshaw, 'Are Two Brains Better than One?'; Janne Lee, 'Sexuality and the Intellectually Handicapped Person'; Manly Goodall, 'Left-Handedness as an Educational Handicap'; Peter Musgrove, 'Deprivation, Disadvantage and Occupational Choice'. Part Two, Philosophical Issues in Respect of the Handicapped. Contents: Bill Warren, 'Some Thoughts Towards a Philosophy of Physical Handicap', H. J. McCloskey, 'Handicapped Persons and the Rights They Possess'; D. H. Munro, 'Preferential Treatment for the Handicapped?'; Robert Elliot, 'Distributive Justice, Education and the Handicapped'; Robert Young, 'Infanticide and the Severely Defective Infant'; C. L. Ten, 'Mental Abnormality and Punishment'; John Kleinig, 'Privacy, Personal Identity and Handicap'; R. S. Laura and A. Grazzard, 'Do the Mentally Retarded Have a Right to Reproduce?'. NATIONAL LIBRARY OF AUSTRALIA. The Handicapped in Australia. A Select Bibliography. Canberra, National Library of Australia, 1981. Pp. 228. ISBN 0 642 99220 7. Prepared by the Library to mark the International Year of Disabled Persons, this bibliography covers health, rehabilitation, social and legal aspects of visual, aural, physical, intellectual and other disabilities. NEW SOUTH WALES ANTI-DISCRIMINATION BOARD. Discrimination and Physical Handicap.
This report discusses how handicapped people suffer from limitations imposed by the built physical environment and attitudes in the community. The Board emphasises that discrimination can usually be avoided by treating people as individuals, rather than making assumptions based on their apparent disabilities. RADFORD, GAIL. Equal Employment Opportunity for Disabled People in the Australian Public Service. Public Service Board, Equal Employment Opportunity Bureau, May 1981. Pp. 12. REES, STUART & EMERSON, ANNETTE. 'Handicapped Children. How Doctors Decide'. (1983) 8 Legal Service Bulletin, 71-5. SOUTH AUSTRALIA, COMMITTEE ON THE RIGHTS OF PERSONS WITH HANDICAPS. The Law and Persons with Handicaps. Vol. 1: Physical Handicaps, Adelaide, South Australian Government Printer, 1978. Vol. 2: Intellectual Handicaps, Adelaide, South Australian Government Printer, 1981. UNITED NATIONS. World Programme of Action Concerning Disabled Persons. New York, United Nations, 1983. Pp. 69. This is the text of a program adopted by the General Assembly in 1982, designed to promote measures for prevention of disability, rehabilitation, equality, and full participation in social life. UNITED NATIONS ASSOCIATION OF AUSTRALIA. Rights of Handicapped People are Human Rights (Issues of the Eighties). Sydney, United Nations Association of Australia, 1980. Various paginations. ISBN 0 9599117 8 2. Education, rehabilitation and training Related issues — l vocational training A GARSIDE, JEAN (ed.). Changing Philosophies and Practices in Education: A Charter for the Education of Children and Adults with Handicapping Disabilities. Surry Hills, N. S.W. , Australian Council for Rehabilitation of Disabled, 1977. Pp. 78. ISBN 0 909959 19 6. GIBSON, H. H. 'Rehabilitation: Legal and Social Service Issues'. (October 1969) 4(3) Australian Journal of Social Issues, 3-14. INTERNATIONAL LABOUR ORGANISATION. Recommendation No. 88 Concerning the Vocational Training of Adults Including Disabled Persons. 1950. INTERNATIONAL LABOUR ORGANISATION. Recommendation No. 99 Concerning Vocational Rehabilitation of the Disabled. 1955. JONES, NANCY LEE. 'Educational Rights of the Handicapped'. (1982) 19 Harvard Journal of Legislation, 287-326. KANGAN, M. & SMITH, G. Removing Post-school Learning Barriers - Handicapped People (Research Report No. 12). Canberra, Technical & Further Education Commission, 1976. Pp. 51. ISBN 0 642 91365 X. MASSELOS, G. & HINLEY, C. 'The Child with Special Needs from a Migrant Family'. (1981) 6(4) Australian Journal of Early Childhood, 35-9. SCOTT, A. J. & KNIGHT, E. W. Employing the Handicapped (People at Work Monograph No. 2). Melbourne, Inter-Church Trade and Industry Mission, 1978. Pp. 46. ISBN 0 908145 04 7. SCOTT, ALAN J. & KNIGHT, EDWIN W. Square Pegs, Square Holes: Employing the Handicapped. Melbourne, David Syme & Co., 1980. Pp. 41. ISBN 0 909930 22 8. A short monograph which examines both theoretical and practical considerations of employing physically handicapped people, including preliminary matters of job assessment and placement, together with sample questionnaires. SPASTIC SOCIETY OF VICTORIA, ADVISORY COMMITTEE ON SEXUALITY OF THE HANDICAPPED. Sexual Rights of the Handicapped: Report to the Council of the Spastic Society of Victoria. Toorak, Vic., Spastic Society of Victoria, 1977. Pp. 64. STANTON, M. (ed.). Employment of Disabled People (Canberra Series in Administrative Studies Seminar Proceedings No. 5). Canberra, Canberra College of Advanced Education, 1981. Pp. 310. ISBN 0 85889 201 4. TOLLIDAY, SALLY. Physical Handicap and Employment Discrimination (Research Paper No. 4). Kensington, Industrial Relations Research Centre, University of New South Wales, 1982. Pp. 96. ISBN 0 85823 911 6. UNITED STATES, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE. Affirmative Action/Vocational Rehabilitation and Employment of the Handicapped 'What's in it for me?': Resource Guide for Employers. Washington, Government Printer, 1978. VICTORIA, MINISTRY OF EMPLOYMENT AND TRAINING. Opportunities and Handicaps: Employment Prospects for Disabled People in Victoria (Discussion Paper No. 1). Melbourne, Victorian Employment Committee, 1980. Pp. xvi + 134. ISBN 0 7241 8235 7. A report to the Victorian Employment Committee, prepared for the Sub-Committee on Assistance to Groups with Special Needs. Bibliography, pp. 131-4. WEINTRUB, FREDERICK J. & ABESON, ALAN R. 'Appropriate Education for All Handicapped Children: A Growing Issue'. (1972) 23 Syracuse Law Review, 1037-58.
Related issues — a C HORN, R. V. et al. 'A Survey of Accommodation Needs, Capabilities and Desires of
REID, GORDON M. 'The Needs of the Physically Handicapped in the Community'. (1972) 138 Good Health for South Australia, 10-15. Civil rights Related issues — personal injury claims; right to access; workers' compensation; 'wrongful life' ELSE-MITCHELL, R. 'Disability, Rehabilitation and the Law'. (1965) 3 Rehabilitation in Australia, 11-13, 15-17. Fox, MICHAEL J. F. 'Access: Building and Legislation for Access in Australia and Overseas'. (1979) 68 Architecture in Australia, 68-70. HAYES, R. & HAYES, S. C. 'Permanent Disability and Common Law Rights to Compensation'. (1982) 56 Australian Law Journal, 643-57. IRWIN, JAMES. 'Epileptics, too, deserve Human Rights'. (Autumn 1978) 18(1) Health in New South Wales, 10-13. SOUTH AUSTRALIA, COMMITTEE ON RIGHTS OF PERSONS WITH HANDICAPS. A Paper for Information and Discussion as to the Recommendations for Law Reform to Assist Persons with Handicaps. Adelaide, Government Printer, 1977. Pp. 78. ISBN 0 7243 2837 8. Mentally retarded persons' rights See also— C (p. 260): Affirmative action (p. 299): Preferential hiring (p. 307); Rights of special groups (p. 310): Children's rights (p. 310): Health and medical care (p. 318); Disabled persons' rights (p. 329); Social, economic and cultural rights (p. 340) Related issues —
intellectual handicap; legal incapacity; mental health A AYD, FRANK J. (ed.). Medical, Moral and Legal Issues in Mental Health Care. Baltimore, Williams & Wilkins, 1974. Pp. xii + 220. ISBN 0 683 00295 3.
ISBN 0 7022 1389 6. This book covers a variety of perspectives on the subject of the society's responsibility towards women, homosexuals, immigrants and the mentally handicapped. The right to make decisions for others is questioned and the doctor's power is criticised because there is not a sufficient countervailing power for the patient. 'Behaviour Control Bibliography'. (1975) 13 American Criminal Law Review, 101-13. CLARKE, ANN M. & CLARKE, A. D. B. (eds). Mental Deficiency: the Changing Outlook. 3rd edn. London, Methuen, 1974. Pp. xx + 886. ISBN 0 416 80720 8. CRAMOND, W. A. 'One Step At A Time: A Review of the Recent Literature on Mental Retardation'. (1970) 1(4) Australian Journal of Mental Retardation, 101-14. CROSSLEY, ROSEMARY & MCDONALD, ANNE. Annie's Coming Out. Ringwood, Penguin, 1980. Pp. xiii + 251. ISBN 0 14 00 5688 2. Story of a woman stricken with cerebral palsy, her remarkable development on being taken out of institutional care, and the consequent legal battles (including a writ of habeas corpus) to keep her out. EDGERTON, ROBERT B. The Cloak of Competence: Stigma in the Lives of the Mentally Retarded. Berkeley, University of California Press, 1967. Pp. xx + 233. ISBN 0 520 01899 0. FRIEDMAN, PAUL R. The Rights of Mentally Retarded Persons: the Basic ACLU Guide for the Mentally Retarded Persons' Rights. New York, Avon Books, 1976. Pp. 186. ISBN 0 380 00868 8. A civil rights handbook prepared for the American Civil Liberties Union. Bibliography pp. 165-67. GARDNER, JIM & VEND, ART. The Disposable People: Life and Death in Queensland's
A catalogue of the mistreatments suffered by patients of Queensland's 3 state Psychiatric Hospitals and Training Centres for the Intellectually Handicapped. Part I discusses the poor care and treatment of mental health inmates, Part II examines the substantially similar treatment meted out to the intellectually handicapped, and Part III compares Queensland's Mental Health Act 1974 (covering both groups) with various UN Documents on Human Rights to show that basis human rights are systematically flouted. HAYES, ROBERT A. & HAYES, SUSAN C. Mental Retardation: Law, Policy and Administration. Sydney, Law Book Co., 1982. Pp. xxviii + 428. ISBN 0 455 20470 5. This is a comprehensive guide to the law dealing with mental retardation in Australia and New South Wales. The authors provide a clear, critical analysis of the various legal problems that may confront mentally retarded persons. An excellent introduction to the area. HUMAN RIGHTS COMMISSION. Proposed A.0 .T. Mental Health Ordinance 1981 (Report No. 2). Canberra, Australian Government Publishing Service, 1982. Pp. vii + 44. ISBN 0 644 02247 7. An analysis of the draft Ordinance for the Australian Capital Territory, largely viewed in terms of the rights enumerated in the International Covenant on Civil and Political Rights and the UN Declarations on the Rights of Disabled and Mentally Retarded Persons. Recommends several drafting clarifications.
JENNINGS, A. N. 'Overcoming Adverse Attitudes to the Intellectually Handicapped'. (1969) 3 Mental Health in Australia, 135-8.
JUDGE, CLIFFORD GEORGE. Retarded Australians. Carlton, Vic., Melbourne University Press, 1975. Pp. 222. ISBN 0 522 84082 5. KINDRED, MICHAEL, COHEN, JULIUS, PENROD, DAVID & SHAFFER, THOMAS. The Mentally Retarded Citizen and the Law. New York, The Free Press, 1976. Pp. x + 738. ISBN 0 02 916860 0. LEONARD, T. J. 'The Retarded in Society: A Brief Conceptional and Philosophic
MARAIS, ELIZABETH & MARAIS, MICHAEL. Lives Worth Living: The Right of All the Handicapped. London, Souvenir Press, 1976. Pp. 286. ISBN 0 285 64831 4. A practical introduction to intellectual handicap which also reviews some of the literature on care and rehabilitation. Full of personal insights gained from long experience. NEW SOUTH WALES ANTI-DISCRIMINATION BOARD. Discrimination and Intellectual Handicap. Sydney, New South Wales Anti-Discrimination Board 1981. Pp. 383. This report of the condition of intellectually handicapped people in N. S .W. covers matters of health services, education, accommodation, vocational training and development, goods and services. The report made recommendations as to how the rights of intellectually handicapped persons should be protected, and these recommendations gave rise to the inclusion of measures in N.S.W. Anti-Discrimination Act. NEW SOUTH WALES, INTER-DEPARTMENTAL COMMITTEE ON THE INTELLECTUALLY HANDICAPPED. Intellectually Handicapped: a Bibliography of Material in the Libraries of the New South Wales Departments of Child Welfare and Social Welfare, Education and Public Health. Sydney, Government Printer, 1970. Pp. 36. ROBITSCHER, JONAS. 'Implementing the Right of the Mentally Disabled: Judicial, Legislative and Psychiatric Action', in Frank J. Ayd (ed.), Medical, Moral and Legal Issues in Mental Health Care. Baltimore, Williams & Wilkins, 1974, pp. 142-78. SCHOENFELD, B. N. 'Human Rights for the Mentally Retarded: Their Recognition by the Providers of Service'. (1975) 4 Human Rights, 31-65. TEMBY, E. 'Rights of the Retarded'. (Aug. 1970), 3 Australian Children Limited, 328-40. VICK, LESLEY. 'The Rights of People with a Handicap'. (1979) 6 Australian Citizen Limited, 42-6. VICKERS, DAVID H. 'Towards a New Humanity'. (1981) 6 Australian Citizen Limited, 255-61. VICTORIA, COMMITTEE ON MENTAL RETARDATION. Report of the Victorian Committee on Mental Retardation to the Premier of Victoria. August 1977. Melbourne, Government Printer, 1977. Pp. 179. ISBN 0 7241 1650 8. WADE, MICHAEL D. 'Mental Health Law Bibliography'. (1974) 6 University of Toledo Law Review, 314-40. WIKLER, DANIEL. 'Paternalism and the Mildly Retarded'. (1979) 8 Philosophy and Public Affairs, 377-92. Medical care and therapy Related issues — b B BOWKER, W. F. 'Minors and Mental Incompetents: Consent to Experimentation, Gifts of Tissue and Sterilization'. (1981) 26 McGill Law journal, 951-78. BRAUN, STEPHEN H. 'Ethical Issues in Behaviour Modification'. (Jan. 1975) 6 Behaviour Therapy, 51-62. COLEMAN, S. S. 'Involuntary Sterilization of the Mentally Retarded: Blessing or Burden?'. (1980) 25 South Dakota Law Review, 55-68. Argues that it is the duty of the state to protect the mentally retarded from sterilisation, pending more satisfactory solutions. PLOTKIN, ROBERT & GILL, RAY RIGLING. 'Invisible Manacles: Drugging Mentally Retarded People'. (1979) 31 Stanford Law Review, 637-78. Argues for greater controls over the administering of psychotropic drugs to the intellectually handicapped. SHERLOCK, K. & SHERLOCK, R. D. 'Sterilizing the Retarded: Constitutional, Statutory and Policy Alternatives'. (1982) 60 North Carolina Law Review, 943-84. Court-ordered sterilisations are still performed in the United States, although they are now defended on the basis of the perceived harm caused to society by the presumed inability of a retarded person to serve as a parent. The authors re-examine this position in light of the recognition of procreation as a fundamental right. STARKMAN, B. 'Sterilization of the Mentally Retarded Adult: the Eve Case'. (1981) 26 McGill Law journal, 931-50. SZASZ, THOMAS S. 'Involuntary Mental Hospitalization: A Crime Against Humanity ', in James M. Humber 8z Robert F. Almeder (eds), Biomedical Ethics and the Law. New York, Plenum Press, 1976, pp. 151-71. WILKINS, LESLIE T. 'Putting "Treatment" on Trial'. (Feb. 1975) 5 Hastings Center Report, 35-48. Education, rehabilitation and training Related issues —
AUSTRALIAN ASSOCIATION OF SOCIAL WORKERS, N.5 .W. BRANCH. Social and Educational Aspects of Mental Retardation: A Handbook for the Use of Professional People, Consulted by Parents of Intellectually Handicapped Children. Sydney, N.S.W. Council for the Mentally Handicapped, 1972. A Handbook for social and health workers on the care of handicapped children. BUCHANAN, M., MACINNIS, P. & PEARSON, M. A Survey of the Incidence of Needs of and Provisions for Handicapped Students in TAFE Colleges in 1980: A Summary Report. Sydney, New South Wales Department of Technical and Further Education, 1981. A statistically-based survey of the types of physically handicapped students at TAFE Colleges and facilities for them, with suggested changes in provisions and policies. DYBWAD, GUNNAR. 'Basic Legal Aspects and Provision for Medical, Education, Social and Vocational Help to the Mentally Retarded'. (1972) 2 Australian journal of Mental Retardation, 97-105. FRANKLIN, BARBARA. 'The Effects of Legislation with respect to Education of Handicapped Children'. (1981) 7 Australian journal of Developmental Disabilities, 167-72. Discusses Californian legislation on education for mentally retarded children. GARFINKLE, V. 'Administrative Rights of Handicapped Children to Educational Opportunities: Recent Developments in New York Law'. (1979) 14 Columbia Journal of Law and Social Problems, 491-532. HERR, STANLEY. 'Retarded Children and the Law: Enforcing the Constitutional Rights of the Mentally Retarded'. (1972) 23 Syracuse Law Review, 995-1035. JENNINGS, ALAN N. 'Sex and the Mentally Retarded'. (1970) 7 Rehabilitation in Australia, 15-18. LEITNER, MARTIN L. 'The Right to Education for Mentally Retarded Children'. (1974) 43 University of Missouri-Kansas City Law Review, 79-97. MARLES, FAY. 'Discrimination Against the Mentally Retarded Person in the Workforce'. (1981) 7 Equal Opportunity Forum, 18-20. MCINTYRE, GREG 8Z PARMENTER, TREVOR (eds). Preparation for Life: Programs for Mentally Handicapped People in Australia in the 1980's. Sydney, Prentice-Hall of Australia, 1981. Pp. 565. ISBN 0 7248 0978 3. (Proceedings of the Second Joint National Conference of the Australian Group for the Scientific Study of Mental Deficiency and the Australian Association for the Mentally Retarded.) A comprehensive collection of papers surveying the various programs available in Australia for prevention and care of mental handicap for both the handicapped and their parents. Concentrates on social education, vocational preparation and training, community programs and recreation training and emphasises non-institutional settings. WARD, J. et al. A Survey of Employer Receptivity Towards Hiring the Mildly Intellectually Handicapped (Granville Work Preparation Centre Research and Development Project, Paper No. 25). Sydney, Macquarie University, 1980. Pp. 20. ISBN 0 85837 891 4. WEST, R. R. 'Sex and the Retarded'. (1978) 2 Medical journal of Australia, 360-2. WESTERN AUSTRALIAN COUNCIL FOR SPECIAL EDUCATION. Education of Intellectually Handicapped Children in Western Australia: Report to the Minister for Education, December 1979. Perth, Western Australian Council for Special Education, 1979. A survey of special facilities available for intellectually handicapped children, together with a historical overview of changing attitudes and treatment, and some forty-eight recommendations for improvements.
Related issues — accommodation; behaviour modification; deinstitutionalisation; normalisation B BRIGHTMAN, ALAN J. 'Toward the Non-Issues of Retardation'. (1972) 23 Syracuse Law Review, 1091-108. CARNEY, TERRY. 'Social Security and Welfare Services for Retarded People: the State of the Art'. (1979) 12 Melbourne University Law Review, 19-51. FERLEGER, DAVID & BOYD, PENELOPE A. 'Anti-Institutionalization: The Promise of the Pennhurst Case'. (1979) 31 Stanford Law Review, 717-52.
right to adequate care free from discriminatory separation from non-retarded people, and that the defendant institution was irredeemably incapable of providing that care. HERTZ, RANDY A. 'Retarded Parents in Neglect Proceedings: The Erroneous Assumption of Parental Inadequacy'. (1979) 31 Stanford Law Review, 785-805. ROSE-ACKERMAN, SUSAN. 'Mental Retardation and Society: The Ethics and Politics of Normalization'. (1982) 93 Ethics, 81-101. Wyatt v. Stickney 325 Federal Supplement 781(1971); sub. nom. Wyatt v. Adershot 503 Federal Reporter, second series, 1305 (1974). The United States Federal Court, in a class action brought against the superintendant of a mental hospital, held that civilly committed mental patients have constitutional rights to such individual treatment as will help each of them to be cured or to improve his or her mental condition. This doctrine has also been applied to the intellectually handicapped. Civil rights and legal safeguards Related issues — c  ivil commitment; due process; fitness to plead; guardianship; incapacity; legal aid; legal mpetenctency; power of attorney; protective services
A BRAY, J. J. 'The Legal Rights of the Mentally Retarded in Relation to their Civil Liberties'. (1971) 1 Australian Journal of Mental Retardation, 133-40. BRENT, DAVID J. 'Civil Commitment — Due Process and the Standard of Proof'. (1974) 23 De Paul Law Review, 1500-11. CARNEY, T. 'Civil and Social Guardianship for Intellectually Handicapped People'. (1982) 8 Monash University Law Review, 199-232. DOUGLASS, JOSEPH H. 'The Rights of the Retarded'. (1972) 23 Syracuse Law Review, 1109-17. Largely concerned with the right to treatment and the right to education.
 DREYFUS, MARK. 'Protecting the Mentally Incompetent: A Guardianship Tribunal'. (1983) 8 Legal Service Bulletin, 75-7.
DYBWAD, GUNNAR & HERR, STANLEY S. 'Unnecessary Coercion: An End to Involuntary Civil Commitment of Retarded Persons'. (1979) 31 Stanford Law Review, 753-65. ENNIS, BRUCE J., FRIEDMAN, PAUL R. & GITLIN, BONNIE (eds). Legal Rights of the Mentally Handicapped (Criminal Law and Urban Problems Course Handbook Nos 57-59). 3 vols. New York, Practicing Law Institute, Mental Health Law Project, 1973. Pp. 1534. Contains extensive bibliography (pp. 1399-1456). GARDNER, JAMES M. 'The Legal Rights of People in Institutions'. (1974) 3(2) Australian Journal of Mental Retardation, 34-9. HERR, STANLEY S. 'The New Clients: Legal Services for Mentally Retarded Persons'. (1979) 31 Stanford Law Review, 553-611. INTERNATIONAL LEAGUE OF SOCIETIES FOR THE MENTALLY HANDICAPPED. From Charity to Rights. Brussels, International League of Societies for the Mentally Handicapped, 1969. Pp. 167. Proceedings of the 4th International Congress of the League, held in Jerusalem in 1968. Articles or summaries in English, French, German and Spanish. INTERNATIONAL LEAGUE OF SOCIETIES FOR THE MENTALLY HANDICAPPED. Symposium on Guardianship of the Mentally Retarded, San Sebastian, 29-31 May 1969: Conclusions. Brussels, International League of Societies for the Mentally Handicapped, 1970. Pp. 35. JACKSON, MERRILL STANLEY. 'The Rights of the Retarded'. (June 1974) 3(2) Australian Journal of Mental Retardation, 30-3. KENT, C. E. 'Retarded People and the Law'. (Dec. 1976) 4(4) Australian Journal of Mental Retardation, 12-13. MCINTYRE, GREG. 'The Law and Mentally Handicapped People — The Need for Legal Advocacy'. (1980) 6 Australian Citizen Limited, 136-45. MICKENBERG, NEIL H. 'The Silent Clients: Legal and Ethical Considerations in Representing Severely and Profoundly Retarded Individuals'. (1979) 31 Stanford Law Review, 625-35. MURDOCK, CHARLES W. 'Civil Rights of the Mentally Retarded — Some Critical Issues'. (1973) 7 Family Law Quarterly, pp. 1-74. An extended discussion of legal safeguards and inadequacies in guardianship, education, community care and institutionalisation. NEW SOUTH WALES LAW REFORM COMMISSION. Report of the Law Reform Commission on Powers of Attorney and Unsoundness of Body or Mind. Sydney, Government Printer, 1975. Pp. 64. REMZ, S. F. 'Legal Remedies for the Misclassification or Wrongful Placement of Educationally Handicapped Children'. (1979) 14 Columbia Journal of Law and Social Problems, 389-452. RODEN, DAVID. 'Guardianship and Protective Services for Mentally Retarded People'. (1976) 5 Australian Citizen Limited, 188-95.
RODEN, DAVID W. 'Retarded Rights: Guardianship and Protective Services for Mentally
Retarded People'. (June 1977) 4(6) Australian Journal of Mental Retardation, 12-16. Roos, PHILIP. 'The Law and Mentally Retarded People: An Uncertain Future'. (1979) 31 Stanford Law Review, 613-24. RUTLEDGE, HELEN & HAINES, ALLAN. 'Law and the Intellectually Disabled Defendant'.
SAVAGE, H. S. 'The Relevance of the Fitness to Stand Trial Provisions to Persons with Mental Handicap'. (1981) 59 Canadian Bar Review, 319-36. ST JOHN, EDWARD. 'The Intellectually Handicapped and the Law'. (Oct. 1978) 22 Quadrant, 17-21. WARD, JAMES. 'The Developmentally Disabled and the Law'. (1981) 7 Australian Journal of Developmental Disabilities, 163-6.
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elated issues —
LPERT, GEOFFREY P. (ed.). Legal Rights of Prisoners. Beverly Hills, Sage, 1980. ISBN 0 8039 1189 0.
ee also —
USTRALIA, DEPARTMENT OF INDUSTRIAL RELATIONS, PHYSICAL WORKING ENVIRONMENT BRANCH. Disabled Persons at Work (Occupational Safety and Health Working Environment No. 19). Canberra, Australian Government Publishing Service, 1981. Pp. vi + 49. ISBN 0 642 05239 5. AGPS cat. 8125710.
ORRELL, DENYS. Participation in Community Life by People with Disabilities in Australia and Developing Countries (Issues of the Eighties, 1). Sydney, United Nations Association of Australia, 1981. Pp. 12. ISBN 0 949652 00 8.