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Children with learning disabilities and their participation in judicial procedures – what can disability advocacy offer?
- Author:
- PETRI Gabor
- Journal article citation:
- Tizard Learning Disability Review, 22(1), 2017, pp.10-15.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to provide a commentary on the paper titled “The Zone of Parental Control, The ‘Gilded Cage’ and The Deprivation of a Child’s Liberty: Getting Around Article 5”. Design/methodology/approach: This paper uses the original article as a jumping off point to assess what aids advocacy organisations and human rights instruments can give to children with learning disabilities who enter legal procedures. Findings: Existing human rights laws such as the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities provide innovative principles to reviewing existing policies, but little practical guidance is given to real implementation. Disability advocacy is ambiguous towards the question of representation of children with learning disabilities. Originality/value: Literature on self-advocacy and especially on the self-advocacy and self-representation of children with learning disabilities is very limited. Access to justice for children with learning disabilities is similarly under-researched and is rarely addressed in disability advocacy. (Publisher abstract)
People need people
- Author:
- HOLMAN Andrew
- Journal article citation:
- Learning Disability Today, 10(2), February 2010, pp.14-17.
- Publisher:
- Pavilion
- Place of publication:
- Hove
Andrew Holman, Chairman of Stars in the Sky, a social enterprise dating agency for people with learning disabilities in the UK, explains why his organisation is joining with Learning Disability Today to launch a campaign to tackle isolation. He addresses the related issues of friendship and relationships noting that in the past friendships have often been ignored by service providers with little effort made to help people maintain old friendships or make new ones. It is also suggested that independence and choice can sometimes end in isolation. Not only are friendships good for the individual but prioritising friendship can mean different, but ultimately fewer, demands on services. The author believes that compared to maintaining friendships the thought of having a long-term relationship can seem insurmountable. He accepts that things have move forward since sexual relationships between people with learning disabilities were first openly discussed in the 1970s. ‘Valuing People Now’, the Government’s new three year strategy for people with learning disabilities, pays attention to relationships. It puts emphasis on the importance of enabling people with learning disabilities to meet new people, form all kinds of relationships and lead a full life with access to a diverse range of social and leisure activities. It includes the right to become parents. The idea behind the campaign discussed here is that everyone should have access to these rights and ‘Growing Friendships’ is calling on partnership boards in areas of the country without a friendship or dating agency to set one up.
The intersection of intellectual disability and dementia: report of the international summit on intellectual disability and dementia
- Authors:
- WATCHMAN Karen, JANICKI Matthew P.
- Journal article citation:
- Gerontologist, 59(3), 2019, pp.411-419.
- Publisher:
- Oxford University Press
An International Summit on Intellectual Disability and Dementia, held in Glasgow, Scotland (October 13–14, 2016), drew individuals and representatives of numerous international and national organizations and universities with a stake in issues affecting adults with intellectual disability (ID) affected by dementia. A discussion-based consensus process was used to examine and produce a series of topical reports examining three main conceptual areas: (a) human rights and personal resources (applications of the Convention for Rights of People with Disabilities and human rights to societal inclusion, and perspectives of persons with ID), (b) individualized services and clinical supports (advancing and advanced dementia, post-diagnostic supports, community supports and services, dementia-capable care practice, and end-of-life care practices), and (c) advocacy, public impact, family caregiver issues (nomenclature/terminology, inclusion of persons with ID in national plans, and family caregiver issues). Outcomes included recommendations incorporated into a series of publications and topical summary bulletins designed to be international resources, practice guidelines, and the impetus for planning and advocacy with, and on behalf of, people with ID affected by dementia, as well as their families. The general themes of the conceptual areas are discussed and the main recommendations are associated with three primary concerns. (Edited publisher abstract)
Challenging deprivation of liberty: advocating for your rights
- Author:
- O'KANE Niall
- Journal article citation:
- Advances in Mental Health and Intellectual Disabilities, 11(2), 2017, pp.47-53.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to review a case of a man with a mild learning disability and autistic spectrum disorder who successfully appealed against a Deprivation of Liberty Safeguards authorisation under English law. Design/methodology/approach: The authors wanted to identify the factors contributing to the individual’s deprivation of liberty and subsequent successful appeal. The authors examined the accounts from the experts involved on each side of the case including different views on the person’s capacity to make certain decisions. The authors examined several of the individual’s psychological and psychiatric assessments. The authors interviewed the individual on two occasions: once during the appeals process, and following his successful appeal. Findings: The authors identified several reasons as to why the individual was successful in appealing against the Deprivation of Liberty Safeguards. First, the individual was able to seek legal support to appeal independently. Second, experts involved on each side of the case had differing opinions regarding capacity to make certain decisions. Third, the indication for the Deprivation of Liberty Safeguards was subsequently declared not valid. Finally, the authors found that the quality of life and psychological well-being for the individual improved following removal of restrictions. Practical implications: The authors highlight the wider issues relating to an individuals’ rights to challenge authorisations in the Court of Protection as well as to future considerations and directions of the Deprivation of Liberty Safeguards legislation in light of evolving case law. Social implications: The authors highlight the importance of empowering patients in matters relating to their care and treatment, as well as protecting their human rights, dignity and autonomy. Originality/value: The authors examine the barriers to challenging Deprivation of Liberty Safeguards authorisation and the ever-evolving Deprivation of Liberty Safeguards process. (Publisher abstract)
Mental health, mental capacity: raising a human rights issue: workbook
- Author:
- BRITISH INSTITUTE OF HUMAN RIGHTS
- Publisher:
- British Institute of Human Rights
- Publication year:
- 2017
- Pagination:
- 36
- Place of publication:
- London
This booklet provides advice to help people with a mental health or mental capacity issue using health and care services to advocate for their own human rights. It provides on how you can identify whether an issue you have with your care or treatment is a human rights issue, and if so, how to raise it using human rights. It contains tips and tools about how to use human rights to challenge poor practice or decisions about care or treatment. It also includes flowcharts to aid with decision making and outline the steps that can be taken to challenge and resolve the decision. Case examples illustrate how the flowcharts can be used. The booklet has been co-produced with six other organisations as part of the project Care and Support: A Human Rights Approach to Advocacy. (Edited publisher abstract)
Intellectual disabilities, violent conflict and humanitarian assistance: advocacy of the forgotten
- Author:
- ROHWERDERA Brigitte
- Journal article citation:
- Disability and Society, 28(6), 2013, pp.770-783.
- Publisher:
- Taylor and Francis
This article examines the experiences of people with intellectual disabilities in violent conflict who have been neglected in practice and academia. Such invisibility, combined with the disabling impact of society, their low priority, and the nature of their impairments, results in a disproportionately negative impact of conflict on people with intellectual disabilities. Drawing on a wide range of sources, including humanitarian workers, this article examines their experiences and analyses how much consideration has been given to people with intellectual disabilities in humanitarian assistance policy and practice in light of their increased need and vulnerability. Lack of awareness and recognition of their diverse experiences can result in their needs failing to be adequately met, which compounds their disproportionately negative experience of conflict. It is important to finally start paying attention in order to ensure their inclusion in humanitarian responses. (Publisher abstract)
Accessing and maintaining legal representation for persons with mental disorder
- Author:
- STAVERT Jill
- Journal article citation:
- SCOLAG Journal, 393, July 2010, pp.143-147.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
It is vital that a person with mental disorder has equal access to the law without discrimination, whether or not they have capacity. This article examines issues relating to mental disordered persons and legal service provision. In particular it considers the extent to which legal service provision should be provided, overseen and enforced by the state, and the extent to which the legal professional regulates itself nationally in terms of provision and quality of services. As well, as access to legal representation, the adequacy of the representation is also considered. The article describes international law standards from the UN Convention on the Rights of Persons with Disabilities (CRPD) and the European Convention on Human Rights (ECHR). In terms of national professional standards in Scotland, it describes the guidance on non-discrimination from the Law Society of Scotland. The article concludes that international professional and human rights standards and guidance go some way to protect the interests of persons with mental illness and learning disabilities with relation to legal representation. However, these rights tend to focus on criminal cases and psychiatric detention where a person’s liberty is an issue, and are less clear when it comes to civil matters.
Making complaints work for people with learning disabilities
- Author:
- THURMAN Sue
- Publisher:
- British Institute of Learning Disabilities
- Publication year:
- 2009
- Pagination:
- 21p.
- Place of publication:
- Kidderminster
Everyone has the right to complain; being denied access to complaints procedures may well be considered a breach of the Human Rights Act. This guide explains the need for an open, responsive culture and a willingness to listen in order to ensure that people with learning disabilities can be confident their complaints and comments will be listened to and acted upon.
Human rights: an Act with teeth
- Author:
- EDGE James
- Journal article citation:
- Community Living, 14(1), July 2000, pp.18-19.
- Publisher:
- Hexagon Publishing
The first author urges solicitors and advocacy organisations to explore the 'enormous possibilities for people with learning difficulties' of the Human Rights Act. The second author, labelled as someone who has learning difficulties, looks at the historical reasons why people's rights have been so neglected.
The independent review of learning disability and autism in the Mental Health Act: final report
- Authors:
- ROME Andrew, EVANS Catherine, WEBSTER Simon
- Publisher:
- Independent Review of the Mental Health Act Scotland
- Publication year:
- 2019
- Pagination:
- 176
- Place of publication:
- Edinburgh
The final report of an independent review into the Mental Health (Care and Treatment) (Scotland) Act 2003, which was commissioned by the Scottish Government. The review covered: the operation of the 2003 Act and whether it was serving people with autism and intellectual disability well; the increasing the role of psychologists in relation to the Act; the definition of mental disorder under the 2003 Act in relation to learning disabilities and autism; how the Act interacted with the criminal justice system, and the use of psychotropic medication. The review heard from a wide range of people and aimed to give equal value to the views and evidence of people with lived experience and professionals. The report recommends legal and practical changes which can reduce or remove the discrimination that autistic people and people with intellectual disability have experienced under the current Mental Health Act. These included for the Scottish parliament to introduce new legislation and to establish a new commissioner to safeguard the rights of people with autism or learning difficulties. (Edited publisher abstract)