Literature Review on Provision of Appropriate and Accessible ...

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Current protective legislation, i.e. Section 5 of the Criminal Law (Sexual
Offences) Act 1993 criminalises sexual intercourse with a person who
has a ‘mental impairment’ and who is not married. The legislation has
implications, <strong>Literature</strong> therefore, <strong>Review</strong> for women on Provision with intellectual of Appropriate disability and Accessible and their
experiences Support of pregnancy to People as with does an Intellectual not recognise Disability that a who pregnancy are for a
woman with Experiencing an intellectual Crisis disability Pregnancy (who comes within the definition of
mental impairment [4]) may not be experienced as a crisis.
The need to root policy approaches in human rights legislation, and
anti-discrimination legislation has been recognised (Whitehead,
Curtice, Beyer, McConkey and Bogues, 2008). The UN Convention on
the Protection and Promotion of the Rights and Dignity of Persons with
Disabilities and the Optional Protocol to the Convention [5] entered into
force on 3 May 2008 was signed on behalf of the State on 30 March 2007.
However, it has not yet been ratified. The Convention requires States to
‘adopt all appropriate legislative, administrative, and other measures
for the implementation of the rights’ (Article 4 (1) (a)) recognised in
the Convention. In particular, Article 23 (1) (a) of the UN Convention
recognises the ‘right of all persons with disabilities who are of
marriageable age to marry and to found a family on the basis of free and
full consent of the intending spouses’. [6]
There are two key perspectives on disability that have informed policymaking,
social provision and legislation. Over the last twenty years
the social model of disability has become central - its focus is on
the inadequacies of social, environmental, political and economic
factors in society that restrict the full participation of people who have
impairments, failing to accommodate their needs. This represents a shift
in thinking about disability, with its emphasis on political and economic
processes that generate disabling environments. Prior to this a medical
model of disability had prevailed. The focus within a medical model is
4 Section 5(5) defines mentally impaired to mean a disorder of the mind, whether
through mental handicap or mental illness, which is of such a nature or degree
as to render a person incapable of living an independent life or guarding against
serious exploitation.
5 General Assembly Resolution of 13 December 2006.
6 Article 12(2) provides that state parties shall recognise that persons with
disabilities enjoy legal capacity on an equal basis with others in all aspects of life.