Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductiv...Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.展开更多
In this paper, media provides a means of thinking critically about the role of ADA regulations should play in parental fights for individuals with mental disabilities, specifically mental illness, developmental disabi...In this paper, media provides a means of thinking critically about the role of ADA regulations should play in parental fights for individuals with mental disabilities, specifically mental illness, developmental disabilities, and brain injuries. Congress passed the Americans with Disabilities Act more than 20 years ago to ensure the rights of individuals with disabilities, including parental rights. Title II of the ADA applies to decisions made in the courtroom and other governmental agencies, which include child custody cases and termination of parental rights. ＂Reasonable Accommodations＂ is one requirement of the ADA to make society more inclusive for individuals with disabilities, even in the realm of parenting. Under Title II, such modifications would include parenting classes, homecare assistance, support groups, community resources, and counseling. Through a critical examination of experiences as depicted through media and court case analyses of parents with mental disabilities, this paper argues that challenging the idea that individuals with disabilities cannot or should not be parents must start in the courtroom, by changing the attitudes and perceptions of judges presiding over child custody cases and termination of parental rights cases involving parents with mental disabilities.展开更多
IN April of 1998, Li Cheng was taken to court. The month before, Li had tried to end the life of his own child, who was only three days old. The doctor’s attempts to stop him managed to prolong the child’s life for ...IN April of 1998, Li Cheng was taken to court. The month before, Li had tried to end the life of his own child, who was only three days old. The doctor’s attempts to stop him managed to prolong the child’s life for only two days. Consequently, Li must be punished by law for killing his own child. However, response to this case has varied. Li Cheng’s work unit posted bail for him. "We will respect the opinion of the court, no matter what the verdict," said the representative from his work unit. "However, if our application is refused, we do not intend to cease paying his salary." In the petition for bail, they maintained that Li Cheng was a talented, hard-working staff member. His act must have been commit-展开更多
文摘Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.
文摘In this paper, media provides a means of thinking critically about the role of ADA regulations should play in parental fights for individuals with mental disabilities, specifically mental illness, developmental disabilities, and brain injuries. Congress passed the Americans with Disabilities Act more than 20 years ago to ensure the rights of individuals with disabilities, including parental rights. Title II of the ADA applies to decisions made in the courtroom and other governmental agencies, which include child custody cases and termination of parental rights. ＂Reasonable Accommodations＂ is one requirement of the ADA to make society more inclusive for individuals with disabilities, even in the realm of parenting. Under Title II, such modifications would include parenting classes, homecare assistance, support groups, community resources, and counseling. Through a critical examination of experiences as depicted through media and court case analyses of parents with mental disabilities, this paper argues that challenging the idea that individuals with disabilities cannot or should not be parents must start in the courtroom, by changing the attitudes and perceptions of judges presiding over child custody cases and termination of parental rights cases involving parents with mental disabilities.
文摘IN April of 1998, Li Cheng was taken to court. The month before, Li had tried to end the life of his own child, who was only three days old. The doctor’s attempts to stop him managed to prolong the child’s life for only two days. Consequently, Li must be punished by law for killing his own child. However, response to this case has varied. Li Cheng’s work unit posted bail for him. "We will respect the opinion of the court, no matter what the verdict," said the representative from his work unit. "However, if our application is refused, we do not intend to cease paying his salary." In the petition for bail, they maintained that Li Cheng was a talented, hard-working staff member. His act must have been commit-
