Literature Review on Provision of Appropriate and Accessible ...

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2.5.4 Codes of practice 52
2.5.5 Capacity in specific contexts 52
2.6 Critique of the Law Reform Commission Draft Scheme of Mental
Capacity and Guardianship Bill 2008 53
2.7 Legal capacity in other jurisdictions 54
2.7.1 Legal capacity in England and Wales 54
2.7.2 Legal capacity in Canada 59
2.7.3 Legal capacity in the United States 62
2.8 Capacity to make healthcare decisions 63
2.8.1 Informed consent 63
2.8.2 Assessment of capacity 65
2.8.3 Supporting decision-making 67
2.8.4 Assessment instruments 70
2.8.5 Who can assess capacity? 71
2.8.6 Acting in the person’s ‘best interests’ 71
2.9 Supports for women with intellectual disability and
contraceptive usage 75
2.10 Sterilisation 78
2.11 Key findings 79
Support to People with an Intellectual Disability who are
Accessible
and Appropriate of Provision on <strong>Review</strong> <strong>Literature</strong>
Experiencing Crisis Pregnancy
3.0 Capacity to consent to sexual relationships 87
3.1 Introduction 87
3.2 Recognition of rights to sexual relationships for people with
intellectual disabilities 88
3.3 Protection from exploitation versus need for autonomy 91
3.4 Sexual violence and exploitation 92
3.4.1 Definition of abuse 93
3.5 Approaches to determining capacity 94
3.6 Setting the standard for determining capacity to consent to
sexual relationships 95
3.7 Critique of models of capacity assessment 101
3.8 Situational aspect of capacity 103
3.9 Level of disability and capacity to consent to sexual relationships 103
3.10 Protective legislation 104
3.11 Laws that prohibit sex with people deemed unable to
consent to sex 105