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Learning disability and human rights: a practitioner's guide
- Author:
- BRITISH INSTITUTE OF HUMAN RIGHTS
- Publisher:
- British Institute of Human Rights
- Publication year:
- 2016
- Pagination:
- 16
- Place of publication:
- London
This booklet provides information for practitioners about using a human rights approach in learning disability settings. It is aimed at professionals working in the community but is relevant for those working in learning disability services of all kinds. It focuses on three key issues for learning disabilities services: responding to behaviours of concern, which includes a decision making flowchart; responding to breakdown in care arrangements; and working with learning disabled people in relationships where risk is a factor, such as a potentially abusive partner. Each section outlines the main human rights issues that practitioners may encounter; offers suggestions for taking a human rights approach; provides information about the key rights most likely to be relevant to that area of practice; and worked examples. It is one of eight booklets developed as part of the British Institute of Human Rights (BIHR) project ‘Delivering Compassionate Care: Connecting Human Rights to the Frontline’, which aims to place human rights at the heart of mental health services and ensure frontline staff have the knowledge and skills uphold the dignity and human rights of the people using their service. The booklet is aimed at both qualified and unqualified staff. It also contains information that may be useful for people using services, their family, carers or advocates. (Edited publisher abstract)
Consent and sex in vulnerable adults: a review of case law
- Authors:
- CURTICE Martin, MAYO Jonathan, CROCOMBE Juli
- Journal article citation:
- British Journal of Learning Disabilities, 41(4), 2013, pp.280-287.
- Publisher:
- Wiley
The introduction of the Mental Capacity Act 2005 has brought to the fore issues regarding capacity in various clinical settings. One important area where capacity assessment is often vital is regarding vulnerable people being able to consent to sexual relations. Case law from courts has evolved with regard to this sometimes complex and emotive issue both before and after the implementation of the Mental Capacity Act 2005. This article describes and analyses the evolution of such case law which predominantly involves people with learning disabilities. In doing so, it explains key principles and tests both for consenting to sexual relations and for the use of contraception which can be applied and used in clinical practice. The article also discusses the associated human rights issues for vulnerable adults in trying to balance the right to sexual relations as part of an individual's private life whilst managing potential abuse issues. (Publisher abstract)
'May we please have sex tonight?'– people with learning difficulties pursuing privacy in residential group settings
- Author:
- HOLLOMOTZ Andrea
- Journal article citation:
- British Journal of Learning Disabilities, 37(2), June 2009, pp.91-97.
- Publisher:
- Wiley
Many residential group settings for people with learning difficulties do not provide individuals with the private space in which they can explore their sexual relationships in a safe and dignified manner. Lack of agreed private spaces seriously infringes the individual's human rights. Many people with learning difficulties who lack privacy have no other option but to escape to isolated public or semi-private spaces to be sexually active. This places individuals at risk. It is suggested that self-advocacy driven policy guidance must be developed which must require residential services to review their practice to ensure that they accommodate residents' need for privacy, whilst supporting them to lead safe sexual relationships.
The right to a relationship: addressing the barriers that people with learning disabilities face in developing and sustaining intimate and sexual relationships
- Author:
- NATIONAL DEVELOPMENT TEAM FOR INCLUSION
- Publisher:
- National Development Team for Inclusion
- Publication year:
- 2019
- Pagination:
- 45
- Place of publication:
- London
This research, co-produced with My Life My Choice, explores the barriers people with learning disabilities experience in developing and sustaining intimate relationships. It also looks at the commissioning and support practices that can help people with learning disabilities to develop and sustain intimate relationships and the policy and practice changes needed to address these barriers. Using a mixed-methods approach, the research collected data through focus groups and interviews with people with learning disabilities, responses to a survey and interviews with service providers. Approximately 115 people participated in the project throughout the various stages and direct quotations from participants are included throughout. The research found that people with learning disabilities experience many barriers in developing and sustaining intimate relationships. These included: limited opportunities to meet potential partners, staff and family members preventing people from being in a relationship, limited knowledge about sexuality and keeping safe, and lack of money and transport. Things that could help people be in an intimate relationship, included being recognised and respected as adults with rights, having supportive social and community networks, and having knowledge about relationships and sexuality. Based on the findings, the report provides recommendations for providers and areas for future research (Edited publisher abstract)