Literature Review on Provision of Appropriate and Accessible ...

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6.0 Discussion and conclusions
6.1 Introduction
<strong>Literature</strong> <strong>Review</strong> on Provision of Appropriate and Accessible
Based on the literature reviewed in this report, this section will provide
Support to People with an Intellectual Disability who are
an overview Experiencing of the current Crisis gaps Pregnancy that exist in legislation and structures
and support mechanisms in relation to women with intellectual
disabilities and pregnancy. This section will also present good policy and
practice evidence on this topic from other jurisdictions.
The area of sexual and personal relationships is one of the most valued
parts of a person’s life. But it is in this domain that in the past excessive
control has been exerted on persons with intellectual disability, either
by failing to recognise this aspect of a person’s being or by limiting the
opportunities available to people to express their sexual selves. The
current legislative framework in Ireland governing this area is weak, and
it has been recognised that reform is long overdue in the area of legal
capacity relating in particular to sexual relations and consent to medical
treatment.
The review of literature demonstrated that research on the issue of
women with intellectual disability experiencing crisis pregnancy is
limited; only one study specifically on this topic emerged from Australia
(Burgen, 2008). The literature, therefore, does not differentiate between
crisis and non-crisis pregnancy for women with intellectual disabilities.
As noted in the introduction, not all pregnancies experienced by women
with intellectual disabilities are experienced as a crisis; however, a
pregnancy may be perceived as a crisis by family members and/or carers,
due in part to the negative impact current protective legislation (Section
5 of the Criminal Law (Sexual Offences) Act, 1993) has on attitudes to
sexual relations between persons with an intellectual disability. Section
5 of the 1993 Act, in effect, criminalises sexual relations between two
adults with intellectual disability (that come within the definition of
impairment) who are not married and therefore, understandably, creates
fear and apprehension amongst carers and family members that they
may be in danger of facilitating a criminal offence.