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51 N.Y.U. J. Int'l L. & Pol. 69 (2018-2019)
Brain Equality: Legal Implications of Neurodiversity in a Comparative Perspective

handle is hein.journals/nyuilp51 and id is 73 raw text is: BRAIN EQUALITY: LEGAL IMPLICATIONS OF NEURODIVERSITY IN A COMPARATIVE PERSPECTIVE ANDREA LOLLINI* This article inquires into some of the implications of the concept of neurodiversity. First, it analyzes the definition of neurodiversity and its legal dimension. Then, it explores the claim made by part of the neurodiversity movement that people with different neurodevelopment profiles should be considered a new minority. Finally, this article discusses how neurodiversity might require a new interpretation of the idea of constitutional equality. In order to discuss these issues, this article comparatively analyzes neurodivers- ity-related jurisprudence of the highest North American and European courts over the last fifteen years. Examining these decisions helps determine the current relationship between neurodiverse individuals and legal systems, highlighting that the principle of equality is under intense pressure when the context implicates neurological diversities. I. INTRODUCTION .................................. 70 11. NEURODIVERSITY: DEFINITIONS, AND DEBATES ..... 74 III. LEGAL NEURODIVESITY ........................... 78 A. The Size of the Neurodiverse Population......... .79 B. Legal Implications of Neurodiversity ............ 83 IV. NEURODIVERSE INDIVIDUALS AS A NEW MINORITY?. 91 V. HIGHEST COURTS AND NEURODIVERSITY-RELATED LITIGATION IN A COMPARATIVE PERSPECTIVE ....... ...96 A. Education, Health Care, and Social Services .... 97 B. Physical Liberty, Competency, and Criminal L aw ........................................ 115 * This article is the result of a research project: NEDBELS (Neurodiversity Between Law and Science). NEDBELS has received funding from the European Union's Horizon 2020 research and innovation pro- gramme under the Marie Sklodowska-Curie Grant Agreement No 656988 (Individual Global Fellowship). NEDBELS was a collaboration between UCSF-UC Hastings Consortium on Law, Science and Health Policy and the University of Bologna (Dipartimento di Scienze Politiche e Sociali), in part- nership with UCSF The Alba Language Neurobiology Lab, the UCSF Star Center for ASD and NDDs, and the Istituto di Scienze Neurologiche di Bologna. NEDBELS is deeply grateful to David Faigman, Maria Luisa Gorno Tempini, Bennett Leventhal, Paola Visconti, Antoine Garapon, Jaime King, Ugo Mattei, Sarah Hooper, Dorit Reiss, Robert Schwartz, Radhika Rao, Ta- tiana Pollard, Francesco Palermo, Roberto Toniatti, Roberto Bin, Marco Cammelli, Daniela Piana, Giovanna Endrici, Silvia Cei. 69 Imaged with Permission of N.Y.U. Journal of International Law and Politics

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