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Resumen
Resumen
Engaging in sex, becoming parents, raising children: these are among the most personal decisions we make, and for people with mental retardation, they have been consistently challenged, regulated, and outlawed. This book is a comprehensive study of the American legal doctrines and social policies, past and present, that have governed procreation and parenting by persons with mental retardation. It argues persuasively that persons with retardation should have legal authority to make their own decisions.
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Revisar OPCIONES
Written by two lawyers and emerging from 12 years of research, this book focuses on ethical and legal issues concerning the state's role in regulating the reproductive and child-rearing behavior of individuals "who have retardation"--the authors' term to remind readers that mental retardation is not the whole person but rather one of many personal characteristics. Attempts in the mid-1800s to educate the retarded gave way to harsh treatments and the eugenic movement of the early 1900s. Deinstitutionalization and more humane treatment gained support in the 1970s. The problem for society is what to do if retarded individuals become parents who are not capable of raising children in a manner that the state (i.e., various levels of government) deems appropriate. The authors argue persuasively that retarded women should have the right to determine their own reproductive activity and that retarded individuals should be treated by the state no differently from, for example, parents with drug abuse or mental health problems. Thoroughly done, the book concludes with 50 pages of notes, a 25-page bibliography, and a list of about 300 cases cited in the text. Graduate, faculty. D. Harper; University of Rochester
Library Journal Review
Field, a Harvard law professor and author of Surrogate Motherhood (LJ 11/15/88), and civil liberties practitioner Sanchez provide a comprehensive examination of the reproductive and parental rights of mentally retarded citizens. After presenting an overview of mental retardation and of relevant public policy and case law, the authors detail current debates about procreation and parenting among the mentally retarded and put forth proposals to reform the existing system. Opportunities for informed decision-making and access to support services, they argue, should always be made available, and legal intervention should lead to greater self-determination, inclusion, and community support for the disabled. Society needs to grant appropriate protection to the retarded without unfairly restricting their personal choices. An important resource for legal and medical professionals, care givers, educators, and social service providers, this book is highly recommended for the law and medical collections of public and academic libraries.ÄDeborah Anne Broocker, Georgia Perimeter Coll. Lib., Dunwoody (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
Tabla de contenido
Preface |
Acknowledgments |
Part I Introduction |
Some Families |
Public Policy, Past and Present |
Changing Policies toward Mental Retardation |
The Current Policy Dilemma concerning Parents with Retardation |
Who Are Called "Retarded"? |
Causes of Mental Retardation |
Defining and Classifying Mental Retardation |
A History of Intelligence Testing |
Evolving Definitions of IQ |
IQ Testing Today |
Part II Procreation |
Procreative Choice--But Whose? |
Different Legal Approaches |
Discrimination against Persons Who Have Retardation |
The Patient as the Appropriate Decisionmaker |
Benefits and Costs of Protective Measures |
Resolving the Problem |
Evolution of Policies toward Sterilization |
Procedural Protections |
The Need for Substantive Reforms |
Judicial Decisionmaking in a Legislative Void |
Ambivalence toward Eugenics |
Current Policy Issues concerning Sterilization |
Strict Prohibition of Nonconsensual Sterilization |
Retreat from Strict Prohibition |
Judicial Supervision of Third-Party Consent to Sterilization |
What Should the Standards for Sterilization Be? |
Substituted Judgment or Best Interests? |
Standards for Who Can Be Sterilized and When |
Disagreement about the Reasons for Sterilization |
Sex and Contraception |
Constitutional Law concerning Minors' Access to Sex |
Constitutional Law concerning Adults' Access to Sex |
Access to Sex for Persons with Retardation |
The Importance of Sex Education |
Preferring Contraception over Sterilization |
Contraception: Practice and Law |
Different Legal Treatment of Sterilization and Other Contraceptive Measures |
Distinguishing Sterilization from Other Contraception |
The Legal Status of Persons with Mental Retardation Conpared with that of Children |
The Limited Impact of Guardianship |
Four Scenarios |
Imprecise Rules about When Guardianship Is Appropriate |
Interactions between Guardian and Ward |
The Peculiar Problem of Abortion |
Two Differing Legal Approaches |
Does Practice Accord with the Law? |
Standards for Abortion |
Resistance from the Patient |
Part III A Proposal for Self-Determination |
Self-Determination Explained and Evaluated |
The Necessity for Self-Determination |
Respecting a Patient's Resistance |
Four Scenarios |
Critique: Danger and Unworkability |
How the Proposed System Would Work |
The Best Available Solution |
Necessary Limitations on Self-Determination |
Nonexpressive Persons |
Minors |
The Possibility of Varying the Rule |
The Glen Ridge Rape Case |
Should Sterilization Be Available Only with Actual Informed Consent? |
Part IV Parenting |
Some Underlying Rules and Issues |
Standards for Evaluating Parents: Adoption, Neglect and Abuse, and Custody Proceedings |
Comparing the Standards |
The Difficulty and Subjectivity of Defining Unfitness |
Use and Misuse of Sociological Studies |
Written Law concerning Parenting: Important Issues for Parents with Retardation |
Historical Perspective: Per se Disqualification |
The Unconstitutionality of Disqualifying Parents Because of Unfitness of Their Group |
Evolution of the Standard |
Toward an Appropriate Legal Standard, Applicable to All Parents |
The Social Welfare System in Practice |
The Process for Parents in General |
Applying the Procedures to Parents Who Have Retardation |
Reforming the System |
Some Diffi |