Sterilization of men with intellectual disabilities

Barton-Hanson, Renu

doi:10.1177/0968533215592444

Cited by 3 publications

(3 citation statements)

References 29 publications

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“…Lord Justice Thorpe commented that ‘if there are any opportunities of replacing with reality the fantasies that stimulate A's isolated masturbation and sexual activity then they should be grasped’. As observed by Barton-Hanson (2015), the strength of such rhetoric is somewhat limited by A's reality; as Lord Justice Thorpe commented, A's ‘chances of forming a sexual relationship were slim’. Dame Butler-Sloss opined that ‘sexual intercourse for a woman carries the risk of pregnancy which patently it does not for a man’.…”

Section: Illustrative Casesmentioning

confidence: 99%

“…At the turn of the century, there was what some, such as Barton-Hanson (2015), have called a ‘paradigm shift’ in relation to the sterilisation of those with intellectual disabilities. In the case of Re S (Adult Patient: Sterilization: Patient ’ s Best Interests) [2001] the Court of Appeal grappled with what was in the best interests of S, a 29-year-old woman with severe intellectual disabilities who was distressed by her menstrual periods.…”

Section: Illustrative Casesmentioning

confidence: 99%

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Sexual rights, mental disorder and intellectual disability: principles and law

et al. 2018

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SUMMARYPeople with mental disorder and intellectual disability have the same rights to sexual expression as other people, albeit that in some cases a lack of capacity may require curtailment of those rights and regard must be had to protecting the vulnerable. Furthermore, the formation or maintenance of sexual relations, or the attainment of sexual fulfilment, may assist in the maintenance or restoration of mental health or well-being. This article demonstrates how the courts in England and Wales, applying statute law and judicial precedent, are largely supportive of the rights of people with mental disorder or intellectual disability to make decisions about sexual expression, sexual relationships and related matters, notwithstanding some societal and staff attitudes that act to prevent them fulfilling their sexual needs and making decisions about sexual and reproductive matters.LEARNING OBJECTIVES•Understand the underlying principles that apply to the exercise of their sexual rights by people with mental disorder or intellectual disability•Understand some of the obstacles to the exercise of sexual rights by people with mental disorder or intellectual disability•Understand the statute and case law that apply to the exercise of sexual rights by people with mental disorder or intellectual disabilityDECLARATION OF INTERESTNone.

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Section: Illustrative Casesmentioning

confidence: 99%

Section: Illustrative Casesmentioning

confidence: 99%

Sexual rights, mental disorder and intellectual disability: principles and law

et al. 2018

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“…Persons with intellectual disabilities have faced several forms of exclusions, which include having to live apart from mainstream society and families as they were contained and lived in institutions that were often far away from families (Armstrong, 2007;Barton-Hanson, 2015;Burghardt, 2015Burghardt, , 2018Hughes, 2015, Malacrida, 2015McCandless, 1981). Education is another form of exclusionary practices that persons with intellectual disabilities and physical disabilities experience in forms of restricted access and barriers to an education (Armstrong, 2007;Malacrida, 2015).…”

Section: Exclusion and Mental Illnessmentioning

confidence: 99%

A Survivor’s Narrative of Institutional Harms Experienced in Manitoba Developmental Centre and Prisons in Canada

Held

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This thesis is a case study that looks at the life story of a Black man, Dwight, who had been institutionalized at the Manitoba Developmental Centre (MDC) at the age of eleven in 1967 for three years. Dwight alleges that he experienced physical and sexual abuse, which led him to using violence as self-defence against older patients until he was expelled from the institution. Shortly thereafter, Dwight entered the correctional institutions in Canada, being incarcerated in sixteen prisons after the MDC. This thesis applies Goffman’s (1961) theory of “total institutions” and critical disability theories. These theories are used to contextualize Dwight’s perspective of his experiences on the processes of institutionalization, roles in institutions, and the social construction of disabilities. Oral history or life story interviews were conducted with Dwight to gain insight regarding his institutional experiences. These life story interviews cover his life prior to institutionalization at the MDC, his time inside, and his life in the community. There are several research contributions and implications. This case study provides an outline of the Black experiences in institutions for persons with disabilities. Other research contributions are that misdiagnosis does occur and in this case was socially constructed based on the time period of the 1960s. This study contributes to research that shows that race may affect the experiences of labelling as current studies reveal that Black youth continue to be more likely to be assigned a disability diagnosis when compared to their white peers. Finally, the importance of oral history as a methodology provides rich detail and new knowledge from lived experiences that other methods may not provide in the fields of sociology, criminology, and history. Future research with survivors of MDC and other institutions may benefit using oral history as it is flexible and allows for participants to share as much as they wish. This method of inquiry also allows interviewees to be heard as persons with lived experiences of disabilities have experienced marginalization in the historical narrative of institutions.

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