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This book demonstrates the difficulties the law is likely to encounter in regulating the expressive activities of the state, particularly with regard to the stigmatization of vulnerable groups and minorities. Freedom of speech is indispensable to a democratic society, enabling it to operate with a healthy level of debate and discussion. Historically, legal scholars have underappreciated the power of stigmatization, instead focusing on anti-discrimination law, and the implicit assumption that the state is permitted to communicate freely with little fear of legal consequences. Whilst integral to a democratic society, the freedom of a state to express itself can however also be corrosive, allowing influential figures and organizations the possibility to stigmatize vulnerable groups within society. The book takes this idea and, uniquely weaving legal analysis with extant psychological and sociological research, shows that current legal approaches to stigmatization are limited. Starting with a deep insight into what constitutes state expressions and how they can become stigmatizing, the book then goes on to look into the capacity the law currently has to limit these expressions and asks even if it could, should it? This fascinating study of an increasingly topical subject will be of interest to any legal scholar working in the field of freedom of expression and discrimination law.
Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.
Vulnerability has traditionally been viewed through the lens of specific groups of people, such as ethnic minorities, children, the elderly, or people with disabilities. With the rise of digital media, our perceptions of vulnerable groups and individuals have been reshaped as new vulnerabilities and different vulnerable sub-groups of users, consumers, citizens, and data subjects emerge. Vulnerability and Data Protection Law not only depicts these problems but offers the reader a detailed investigation of the concept of data subjects and a reconceptualization of the notion of vulnerability within the General Data Protection Regulation. The regulation offers a forward-facing set of tools that-though largely underexplored-are essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence. Considering the new risks and potentialities of the digital market, the new awareness about cognitive weaknesses, and the new philosophical sensitivity about the condition of human vulnerability, the author looks for a more general and layered definition of the data subject's vulnerability that goes beyond traditional labels. In doing so, he seeks to promote a 'vulnerability-aware' interpretation of the GDPR. A heuristic analysis that re-interprets the whole GDPR, this work is essential for both scholars of data protection law and for policymakers looking to strengthen regulations and protect the data of vulnerable individuals.
This book demonstrates the difficulties the law is likely to encounter in regulating the expressive activities of the state, particularly with regard to the stigmatization of vulnerable groups and minorities. Freedom of speech is indispensable to a democratic society, enabling it to operate with a healthy level of debate and discussion. Historically, legal scholars have underappreciated the power of stigmatization, instead focusing on anti-discrimination law, and the implicit assumption that the state is permitted to communicate freely with little fear of legal consequences. Whilst integral to a democratic society, the freedom of a state to express itself can however also be corrosive, allowing influential figures and organizations the possibility to stigmatize vulnerable groups within society. The book takes this idea and, uniquely weaving legal analysis with extant psychological and sociological research, shows that current legal approaches to stigmatization are limited. Starting with a deep insight into what constitutes state expressions and how they can become stigmatizing, the book then goes on to look into the capacity the law currently has to limit these expressions and asks even if it could, should it? This fascinating study of an increasingly topical subject will be of interest to any legal scholar working in the field of freedom of expression and discrimination law.
In this text, a constitutional law scholar argues that most of the social issues agenda for law violates the constitutional principle of equal citizenship. The conservative social issues agenda is targeted at voters who have felt left out by other civil rights movements.
Explores the shifts and the research used to support civil rights claims of discrimination, particularly relating to minority youths’ rights to equal treatment In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another dramatic shift, as it moves from considering difference to focusing on neutrality. Rather than seeking to counter subjugation through special protections for groups that have been historically (and currently) disadvantaged, the Court now adopts a “colorblind” approach. Equality now means treating everyone the same way. This book explores these shifts and the research used to support civil rights claims, particularly relating to minority youths’ rights to equal treatment. It integrates developmental theory with work on legal equality and discrimination, showing both how the legal system can benefit from new research on development and how the legal system itself can work to address invidious discrimination given its significant influence on adolescents—especially those who are racial minorities—at a key stage in their developmental life. Adolescents, Discrimination, and the Law articulates the need to address discrimination by recognizing and enlisting the law’s inculcative powers in multiple sites subject to legal regulation, ranging from families, schools, health and justice systems to religious and community groups. The legal system may champion ideals of neutrality in the goals it sets itself for treating individuals, but it cannot remain neutral in the values it supports and imparts. This volume shows that despite the shift to a focus on neutrality, the Court can and should effectively foster values supporting equality, especially among youth.
The 1990s witnessed a flurry of legislative initiatives—most notably, “Megan’s Law”—designed to control a population of sex offenders (child abusers) widely reviled as sick, evil, and incurable. In Sex Offenders, Stigma, and Social Control, Diana Rickard provides the reader with an in-depth view of six such men, exploring how they manage to cope with their highly stigmatized role as social outcasts. The six men discussed in the book are typical convicted sex offenders—neither serial pedophiles nor individuals convicted of the type of brutal act that looms large in public perceptions about sex crimes. Sex Offenders, Stigma, and Social Control explores how these individuals, who have been cast as social pariahs, construct their sense of self. How does being labeled in this way and controlled by measures such as Megan’s Law affect one’s identity and sense of social being? Unlike traditional criminological and psychological studies of this population, this book frames their experiences in concepts of both deviance and identity, asking how men so highly stigmatized cope with the most extreme form of social marginality. Placing their stories within the context of the current culture of mass incarceration and zero-tolerance, Rickard provides a deeper understanding of the complex relationship between public policy and lived experience, as well as an understanding of the social challenges faced by this population, whose re-integration into society is far from simple or assured. Sex Offenders, Stigma, and Social Control makes a significant contribution to our understanding of sex offenders, offering a unique window into how individuals make meaning out of their experiences and present a viable—not monstrous—social self to themselves and others.
From the author of The Presentation of Self in Everyday Life, Stigma is analyzes a person’s feelings about himself and his relationship to people whom society calls “normal.” Stigma is an illuminating excursion into the situation of persons who are unable to conform to standards that society calls normal. Disqualified from full social acceptance, they are stigmatized individuals. Physically deformed people, ex-mental patients, drug addicts, prostitutes, or those ostracized for other reasons must constantly strive to adjust to their precarious social identities. Their image of themselves must daily confront and be affronted by the image which others reflect back to them. Drawing extensively on autobiographies and case studies, sociologist Erving Goffman analyzes the stigmatized person’s feelings about himself and his relationship to “normals” He explores the variety of strategies stigmatized individuals employ to deal with the rejection of others, and the complex sorts of information about themselves they project. In Stigma the interplay of alternatives the stigmatized individual must face every day is brilliantly examined by one of America’s leading social analysts.
Stigma leads to poorer health. In The Oxford Handbook of Stigma, Discrimination, and Health, leading scholars identify stigma mechanisms that operate at multiple levels to erode the health of stigmatized individuals and, collectively, produce health disparities. This book provides unique insights concerning the link between stigma and health across various types of stigma and groups.
Dr. Morehead argues that it is time for a full-throated defense of mental health treatment, and that it falls to everyone, from medical and mental health professionals to the general public, to advocate on its behalf. He cogently lays out the science behind mental illness and mental health care, candidly discussing both what is known and what re