Amicus Curiae Brief in the matter of Lacee L.

By: Clinic of the City University of New York School of Law, Women Enabled International, and Amnesty International

July 2018

SUMMARY OF ARGUMENT

The right to family life is a fundamental human right that all persons should enjoy without discrimination. Yet, in the U.S. and around the world, there is growing recognition that stereotypes about persons with disabilities unfairly influence decisions and judgments about the ability to be a good parent. As a result, persons with disabilities face societally-created barriers that result in discrimination. Persons with disabilities are also often denied access to justice because, unless accessibility measures and accommodations are made to facilitate their participation, they may be unable to fully and fairly participate in judicial proceedings that affect essential rights. In order to protect the rights of persons with disabilities from discrimination, both human rights law and the American with Disabilities Act (hereinafter ADA) require that governments take action to combat stereotypes and provide persons with reasonable accommodations to prevent discrimination and promote equality.

Discrimination against a person with a disability is always harmful, but it is particularly damaging in this case because it may result in the improper separation of a family. The right to family life – a right that is fundamental for parents, both with and without disabilities, and their children – is a basic tenet of international human rights law, protected by the U.S. constitution and legal systems around the world. Given the importance of family relationships and the irreparable harm that results when the state takes a child from his or her parents, human rights law—like most jurisdictions in the U.S.—recognizes the need for the state to take affirmative measures to assist parents and emphasizes that family separation is a drastic measure and should only occur to protect a child in danger and only after considering less drastic measures.