TBI Survivors and Human Rights


People with TBI have the same human rights afforded to other human beings. We have the right to:


Accommodations in society, the workplace and at school that are reasonable and necessary

Related Article: Local and County Services


Appropriate and Accurate Diagnosis

Related Article: Classification of TBI

Related Article: PostConcussion Syndrome

Related Article: Post TBI Syndrome

Related Article: PCS and PTSD


Ask Questions and Demand Answers and Accountability

Related Article: Criteria for Rating Sites


Assess and Evaluate Those Who Provide Services to Us

Related Article: Satisfaction Survey and Other Survivor Generated Research

Related Article:Criteria for Rating Brain Injury Survivor Web Sites and Social Communities

Related Article: Who Represents the Brain Injury (which includes TBI) Survivor Community?


Civil, Human and Legal Rights

Related Article: Brain Injury Network Remarks and Press Release dated 1-11-11


Due Process under the Law

Related Article: Removal of Life Support


Fair Treatment in Our Day-to-Day Affairs

Related Article: Financial Institutions


Freedom of Movement

Related Article: Locked Facility


Full Inclusion in Society

Related Article: Survivor Councils

Related Article: Community Level Programming


Health and or Medical Care

Related Article: Assessments

Related Article: Comprehensive Health Reform


Independence and Independent Living

Related Article: Third Party Stakeholders


Informed Choice Regarding Medical Treatment and Care

Related Article: Patient Empowerment

Related Article: Patient Recruitment


Least Restrictive Living Environments

Related Article: Building Code Standards

Related Article: Living Environments


Life, Liberty and the Pursuit of Happiness

Related Article: TBI Survivor Funding Priorities


Politically Correct Terminology Regarding Us

Related Article: Identification as People

Related Article: Mental Illness



Related Article: Exposing Our Identities

Related Article: Privacy Settings


Protection of Law

Related Article: Removal of Life Support


"Psychotropic Free" Living Environments

Related Article: Post Acute Environments


Respect and Dignity

Related Article: Law Abiding Survivors

Related Article: Stigma and Brain Injury



Related Article: Safety First


Self Determination in Aspirations, Goals, Life-Styles and Self Identification

Related Article: TBI Survivor Councils

Related Article: TBI Survivor Priorities

Related Article: Use of the Term, Survivor

Related Article: Why We Need Collective Advocacy


Unbiased Advocates

Related Article: Advocates Disclosure

Related Article: Advocate Conflicts of Interest

Related Article: High School Graduation School Policy

Related Article: Physician Disclosures of Outside Interests


Occasionally there might be situations or circumstances where we cannot be afforded the full spectrum of rights. However, whenever that happens restrictions or limitations must be only to the extent required by law or medical necessity. Any abridgement of a tbi survivor’s natural and/or legal rights must be given full scrutiny by appropriate legal authority. And ideally, often this is already the case, such as in court competency hearings. However, it is not always the case.

Our rights as human beings are being infringed upon if and when we are subjected to:

Advocates for Us Who Have a Conflict of Interest

Related Article: Advocate Conflicts of Interest

Related Article: Patient Recruitment Stealth Methodology


Invasions of Our Privacy for Patient Data Harvesting, Profit, or even out of Ignorance, Insensitivity or Negligence

Related Article: Exposing Our Identities

Related Article: Hospital Privacy

Related Article: Social Communities Online

Off Label Use of Psychotropic Drugs in Nursing Homes to Keep Us Sedated

Related Article: Post Acute Environments


Stealth Research Upon Us (research undertaken without our knowledge and/or informed consent)

Related Article: Human Research Guidelines

Related Article: Recruitment Methodology


Substandard or Biased Medical Research

Related Article: Gold Standard Research

Related Article: Patient Recruitment


Warehousing in Nursing Homes

Related Article: Post Acute Environments


So, there is still room for additional laws, protocols and standards to protect our rights, and to insure that we are treated appropriately by society. For example, we recommend the following:


Mandated Reporter Law for College Level Employees Working with Us

Related Article: Mandated Reporter Law


National and International Standards for College Programs Directed at Us

Related Article: National Standards


Privacy Protections on the Internet

Related Article:Criteria for Rating Brain Injury Survivor Web Sites and Social Communities

Related Article: Protect Your Privacy
Related Article: Brain Injury Forums


The source of the above material is the Brain Injury Network.


(Note: There are many other websites and agencies that address disability rights concerns. But our focus is particularly on our own tbi community. And, we have indicated some articles that actually came from the advocacy and networking of the tbi survivor community itself. The reader may find additional articles, issues, legal pronouncements, topics and websites by looking up such topics as disability rights, human rights and independent living for people with brain injuries.)