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Forced marriage of people with learning disabilities: a human rights issue
- Authors:
- CLAWSON Rachael, FYSON Rachel
- Journal article citation:
- Disability and Society, 32(6), 2017, pp.810-830.
- Publisher:
- Taylor and Francis
This paper reports some of the findings of an exploratory study which sought to better understand the demographics of forced marriage of people with learning disabilities and the contexts in which such marriages may occur. It was found that forced marriages of people with and without learning disabilities showed broad similarities in relation to ethnicity, some differences in terms of age and substantial differences in terms of gender. Men and women with learning disabilities are equally likely to be victims of forced marriage. The reasons for people with learning disabilities being forced to marry are most often associated with a desire on the part of families to secure permanent care, but can also be associated with cultural (mis)understandings of the nature of disability. These findings are contextualised by considering the relationship between forced marriage, human rights and learning disability. (Publisher abstract)
Everyday life of persons with intellectual disability living in residential settings: a systematic review of qualitative studies
- Authors:
- GJERMESTAD Anita, et al
- Journal article citation:
- Disability and Society, 32(2), 2017, pp.213-232.
- Publisher:
- Taylor and Francis
This article presents a systematic review of studies published between November 2010 and November 2014 about the everyday life of adults with intellectual disability as viewed from their own perspective. Everyday life refers to an interdisciplinary concept including approaches attentive to the mundane and to ordinary routines of social relations and practices. Twelve studies met the inclusion criteria. The review was carried out as an interpretive synthesis. Findings from the included studies revealed neglect of participation regarding the wishes, self-determination, choice and control of persons with intellectual disability in their everyday lives. This neglect demonstrates the limitations persons with intellectual disability face as agents and adult citizens in their everyday life, and shows violation of fundamental human rights. (Publisher abstract)
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)
Named social workers – better social work for learning disabled people?
- Authors:
- JAMES Elaine, MORGAN Hannah, MITCHELL Rob
- Journal article citation:
- Disability and Society, 32(10), 2017, pp.1650-1655.
- Publisher:
- Taylor and Francis
In 2016, the Department of Health in England announced that it would pilot the role of Named Social Worker. The authors chose to be part of the pilot because they regularly witness too many people’s lives being defined by restrictions imposed by professionals. Erroneous associations between the concepts of risk and danger have become the norm in how learning disabled people’s decision-making is perceived and managed. However, the authors believe social workers educated in the social model of disability and grounded more generally in disability studies offer an alternative perspective. The pilot is an opportunity to test our hypothesis that social work practice rooted in social model thinking can successfully challenge oppressive practice and disabling barriers, thus providing the opportunity for social workers to genuinely be ‘servants not masters’ in the lives of disabled people. (Edited publisher abstract)
Does it matter? Decision-making by people with learning disabilities
- Authors:
- PEOPLE FIRST (SCOTLAND), ANIMATE
- Publisher:
- Animate
- Publication year:
- 2017
- Pagination:
- 84
- Place of publication:
- Glasgow
This research examines whether supported decision making for people with learning disabilities offers a practical and safe alternative to substitute decision following a guardianship order. It aims to present their views within the current debate about the need to revise Scotland’s incapacity legislation. Peer researchers conducted interviews with 128 people who had a learning disability about their experiences of decision making. Overall, participants felt making decisions for themselves was important, emphasising the need to have choice and the freedom to be independent. Good practice examples of supported decision making are included. However, participants reported that they commonly experienced decisions being made about them without people asking, which left many participants feeling powerless and angry. The report also discusses the barriers to people with learning disabilities taking greater control of their decision making; challenges within the current guardianship system in Scotland; and the challenges to delivering supported decision making. The findings suggest that supported decision-making for people with learning disabilities can offer a safe and realistic alternative to substitute decision-making, but requires a significant change in mindsets as to the rights, resources and risks involved. (Edited publisher abstract)
Getting it right in time: parents who lack litigation capacity in care proceedings
- Authors:
- WELBOURNE Penelope, MacDONALD Paula, BATES Philip
- Publishers:
- Nuffield Foundation, Plymouth University
- Publication year:
- 2017
- Pagination:
- 96
- Place of publication:
- London
This study looks at the characteristics of parents lacking litigation capacity in care proceedings and identifies key aspects of provision that could help them to get fair representation in court and participate in hearings. The study examined how many parents are found to lack litigation in care proceedings, their key characteristics - such as age, gender, the issues that led to them lacking litigation capacity, and the number of children involved in proceedings where a parent lacks litigation capacity. It also explores the courts and Office of the Official Solicitor respond to the Public Sector Equality Duty under the Equality Act 2010 in cases involving parents who lack litigation capacity. The study found that lack of litigation capacity may be due to mental health problems, intellectual disability, or a combination of factors. Capacity is also issue specific, so some people may have capacity to make some decisions, but not others. It can also fluctuate, especially in the case of a mental health problem. It also found that very few parents ended proceedings with the care of their children. Based on the findings, the report makes recommendations to support parents who lack litigation capacity. These include: for courts to provide the technology and space to enable parents who have specialist communication and participation needs to observe, understand and participate in hearings; and in cases that require an interpreter the support of an intermediary to help any interpreter communicate with a parent who lacks litigation capacity. (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: my human rights
- Author:
- BRITISH INSTITUTE OF HUMAN RIGHTS
- Publisher:
- British Institute of Human Rights
- Publication year:
- 2017
- Pagination:
- 32
- Place of publication:
- London
This booklet provides information about how human rights can be used to help people with a mental health or mental capacity issue to have more control over their own life when using health and care services. It explains what human rights are, how individuals human rights are protected, and who has duties to uphold these rights. It focuses on five human rights most relevant to mental capacity and mental health care. These are: right to life; right to be free from inhuman and degrading treatment; right to liberty; right to respect for private and family life, home and correspondence; right to be free from discrimination when using your other rights in the Human Rights Act. It looks at how each human right applies in health and care services, how a right could be restricted and the duties public officials have to protect these rights. Real life examples are used to illustrate key points. 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)
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)
The zone of parental control, the “gilded cage” and the deprivation of a child’s liberty: getting around Article 5
- Author:
- HOROWICZ Edmund Marcus
- Journal article citation:
- Tizard Learning Disability Review, 22(1), 2017, pp.2-9.
- Publisher:
- Emerald
The purpose of this paper is to specifically analyse whether parents should have the legal authority to authorise a deprivation of liberty for children with a learning disability. As a result of parental consent being recognised as holding legal authority, these children have their right to liberty under Article 5 engaged. It will be argued that the courts’ failure to support this view stems from the confusing concept of the “zone of parental control”. Design/methodology/approach: A doctrinal methodology is used, examining domestic law and the European Convention on Human Rights (ECHR), with analysis of relevant literature. Findings: Decisions regarding deprivation of liberty in children under the age of 16 should undoubtedly include parental consent. The concern expressed here is the sovereignty of parental consent over all else. The law is confusing. In one respect rights under the ECHR are universal. However, both UK and European courts have accepted the premise that it is entirely within the zone of parental control to effectively deprive a child of liberty without procedural or judicial review. Furthermore, there are wider potential issues for children being considered to be deprived of liberty following Cheshire West. Originality/value: The paper is a discussion piece that is critical of the existing law and uses the literature and original opinions to recommend an alternative approach. (Publisher abstract)