Harkin Summit 2024 Workshop Explores the Global Criminalization of Disability

The workshop examined global insights on disability criminalization and explored potential paths to justice.

By Dimitri Nesbitt and Jordyn Jensen

At the Harkin Summit 2024, the Center for Racial and Disability Justice hosted a workshop on the Global Criminalization of Disability, convening experts, scholars, activists, and people with lived experiences to discuss the cross-cultural differences of disability. The workshop sought to introduce conversations examining how legal, social, and institutional structures contribute to the marginalization and punishment of disabled people worldwide. In small groups, attendees identified key issues, such as reproductive rights, homeless support, and educational systems–exploring how various communities’ value systems form a basis for the systemic challenges that disabled folks experience.

CRDJ Executive Director Jordyn Jensen speaks into a microphone while addressing the Global Criminalization of Disability workshop crowd at the Harkin Summit 2024. On either side of her sit Director of Research & Policy Kate Caldwell and Civic Planning & Design Manager Dimitri Nesbitt — fellow workshop facilitators. They are seated on a stage branded with a Harkin backdrop. To the left of them is an American Sign Language interpreter who is facing the crowd, and in front of a projected presentation on disability criminalization in the United States.

Key Themes & Insights

• Disability & Criminalization: In the U.S., disabled people have about a 43% likelihood of being arrested by age 28, which is higher than people without disabilities at about 30% (McCauley, 2017). This probability rises to 55% for Black disabled people, who have a particularly high risk of being arrested by age 28 (McCauley, 2017). Up to 50% of individuals killed by police in the U.S. are disabled (Perry & Carter-Long, 2016). Globally, legal systems often fail to recognize disability-related needs, leading to punitive outcomes.
• Policing & Homelessness: The workshop highlighted the challenges disabled people face with law enforcement, including inadequate police training, mental health crises, homelessness, and substance use. Participants emphasized the need for dedicated social services rather than punitive measures.
• Healthcare & Reproductive Rights: Discussions revealed biases within medical systems, particularly for disabled women and people of color. The lack of accurate medical knowledge and systemic barriers contribute to the neglect and mistreatment of disabled individuals.
• Education & Social Norms: Many global education systems continue to segregate disabled students, reinforcing societal discrimination and limiting opportunities. Participants explored how cultural and religious attitudes shape disability perceptions, often treating disability as a moral failing or punishment.
• Judicial & Policy Gaps: Courts and legal systems frequently misunderstand disability, resulting in inappropriate sentencing, lack of accommodations, and exclusion from due process. Workshop attendees stressed the need for equitable policy reforms and better disability data collection.

From Normative Values to Structural Ableism

CRDJ introduced a draft model of a framework outlining four integrated levels of disability criminalization: Cultural Attitudes, Social Systems, Systemic Responses, and Criminalization Outcomes. This model oriented participants to think deeper about the underlying reasons why disability is often treated as a crime.

CRDJ’s four-column Model of the Levels of Disability Criminalization starts with an assessment of the Cultural Attitudes within a given context. These are the “Beliefs, traditions, and norms that shape how disability understood,” that build the foundation for Social Systems. These, in turn, are the “Structures like family, education, and healthcare that influence the daily life of disabled people.” From there, layers of Systemic Responses are formed, including the “Policies and actions that enforce societal attitudes toward disability.” Finally, in the fourth column are the Criminalization Outcomes, or “The consequences of systemic exclusion for disabled people.”

At the foundation are Cultural Attitudes — the various beliefs, traditions, and norms that shape how disability is perceived. In many societies, stigma labels disabled people as “deviant,” while certain spiritual or religious beliefs frame disability as a form of punishment or imbalance. These deeply rooted perceptions influence systemic policies and responses to disability.

Built upon these cultural attitudes are Social Systems or institutions like family or kinship networks, education, healthcare, and legal or judicial structures. Exclusionary education practices, for example, push disabled students into the school-to-prison pipeline, while economic systems disproportionately leave disabled people in poverty, leading to the criminalization of survival behaviors such as begging or informal work. Medical bias and inadequate healthcare access further compound these structural injustices.

These societal structures then inform Systemic Responses, such as over-policing, institutionalization, and exclusion from public spaces. Many countries deploy law enforcement rather than medical or community-based interventions to respond to mental health crises, often escalating situations into violence or incarceration rather than providing care and support.

At the final level are the direct consequences, the Criminalized Outcomes of these interwoven factors: marginalized communities, the disproportionate incarceration of disabled people, and systemic inequities that reinforce exclusion. The cycle of criminalization is perpetuated by inadequate legal representation, inaccessible court processes, and punitive approaches to disability-related crises, further entrenching injustice.

Comparative Perspectives on Disability Criminalization

Attendees revealed striking similarities in how disability is criminalized across different regions. While participants emphasized the urgent need for informed and dignified responses to mental health crises, trauma, and substance abuse, they also stressed that police training often fails to improve outcomes. Despite the increasing implementation of disability and unconscious bias trainings, autistic people — particularly autistic people of color — continue to be met with force, coercion, and violence. Research shows that police training can inadvertently reinforce stereotypes, heighten bias, and ultimately does not reduce the likelihood of force being used. Many attendees underscored the importance of investing in dedicated homelessness support and community-based services that operate outside of policing frameworks as a more effective and just alternative.

Reproductive Rights and the Politics of Etiquette

Another key discussion focused on how disabled people — particularly disabled women and people of color — face discrimination in healthcare, including reproductive health. Participants highlighted how medical institutions often harbor biases against disabled bodies, leading to inaccurate diagnoses, inadequate care, and systemic blame placed on disabled individuals. Groups also explored how societal expectations around etiquette and normative behavior serve as mechanisms of exclusion. Attendees honed in on the conference’s setting, too, noting how simple interactions, such as choosing not to shake hands or declining high-fives, can lead to social and professional marginalization, impacting career advancement and participation in political life.

Classification of Disability and Data Equity

The workshop also examined how different classifications of disability impact legal and social experiences. Attendees shared experiences on how disability can lead to different forms of discrimination or access to support, depending on how a disability is recognized within a particular legal or cultural framework. Participants discussed the limitations of reactive approaches — where disability-related issues are addressed only after they become crises — versus proactive strategies that build informed and participatory equity from the outset. The need for comprehensive and accurate disability data was also underscored as a critical step in addressing these disparities.

CRDJ hosted a Disability Data Justice panel at the Harkin Summit, featuring our own Dr. Kate Caldwell alongside Dr. Bonnielin Swenor (Johns Hopkins University), Rylin Rodgers (Microsoft), and Elizabeth Lockwood (CBM Global, United Nations).

Global Perspectives on Education, Religion, and Justice Systems

One small group, representing four countries shared, insights into how their education systems contribute to the marginalization of disabled people. In many nations, segregated schooling — such as separate institutions for blind or deaf students — reinforces societal biases that persist into adulthood. Japan’s model of segregation, for instance, has fueled negative attitudes about the cost of accommodations and has enabled bullying and other forms of discrimination, particularly in workplaces.

The discussion also explored the role of religion and spirituality in shaping societal attitudes toward disability. In the United States and Poland, for example, participants noted how religious institutions and non-disabled allies often adopt a “saviorism” mentality, reducing disabled people to their impairments rather than recognizing their full personhood. The framing of disability as a form of punishment was another common theme, including in cases of mental health crises and suicide, where disabled individuals often face punitive rather than supportive responses.

Finally, the workshop highlighted the significant challenges disabled people face in legal systems worldwide. Many courts lack the training and understanding necessary to fairly adjudicate cases involving disabled individuals, as well as fairly assessing police and carceral bookings, contributing to disproportionate incarceration rates and systemic injustices.

CRDJ Director of Research & Policy Kate Caldwell addresses a workshop audience at the Global Criminalization of Disability session at the Harkin Summit. The room is a hotel ballroom with an elaborate chandelier and conference chairs throughout, as participants view a projected presentation on two hanging screens. The presentation slide reads “Disability Criminalization in the United States.” Next to Caldwell, seated on stage, are CRDJ Executive Director Jordyn Jensen and Civic Planning & Design Manager Dimitri Nesbitt.

Next Steps & Continued Engagement

The work to assess disability criminalization continues for CRDJ, and is an avenue for regular community collaboration.

• Resource Sharing: CRDJ has created resources that explore DisCrim work further on our website: https://www.crdjustice.org/resources.
• Newsletter & Social Media: Keep the conversation going by subscribing to our newsletter and engaging with us on social media.
• Future Workshops: CRDJ will continue to host discussions and training sessions on disability justice and policy reform.

References

McCauley, E. J. (2017). The cumulative probability of arrest by age 28 years in the United States by disability status, race/ethnicity, and gender. American Journal of Public Health, 107(12), 1977–1981. https://doi.org/10.2105/AJPH.2017.304095

Perry, D. M., & Carter-Long, L. (2016). The Ruderman white paper on media coverage of law enforcement use of force and disability: A media study (2013–2015) and overview. Ruderman Family Foundation

The Northwestern Pritzker Law Center for Racial and Disability Justice (CRDJ) is a first-of-its-kind center dedicated to promoting justice for people of color, people with disabilities, and individuals at the intersection of race and disability.

Learn more about CRDJ by visiting the Center for Racial and Disability Justice webpage.