Literature Review on Provision of Appropriate and Accessible ...

PAGE 48
It is envisaged that the provisions in relation to consent to medical
treatment as set down in the Scheme of Mental Capacity Bill, 2008
(discussed below) <strong>Literature</strong> will <strong>Review</strong> apply to on contraceptive Provision of Appropriate treatment and and Accessible to
other medical Support treatments/interventions to People with an Intellectual in relation Disability to the who pregnancy are
Experiencing Crisis Pregnancy
experiences of women with intellectual disabilities. Namhi [23] (2003),
in their report on legal capacity and decision-making, stated that
contraception should be subject to the same rules that apply for medical
treatments in general.
The aim of the Scheme of Mental Capacity Bill 2008 is to give effect to the
Hague Convention on the International Protection of Adults [24] and the
UN Convention on the Rights of Persons with Disabilities [25].
2.5 Scheme of Mental Capacity Bill, 2008
This section will examine the provisions of the Scheme of Mental
Capacity Bill, 2008 and the issues surrounding capacity assessment and
proxy decision-making arising from the Bill.
The Scheme of Mental Capacity Bill includes sections on the following
areas:
• Guiding principles
• Definition and presumption of capacity
• Best interests
• Power to make decisions and appoint personal guardians
• Informal decision-making
23 Namhi are now known as Inclusion Ireland, which is the National Association for
People with an Intellectual Disability.
24 Ireland is a signatory to the Hague Convention, which came into force in January
2009. The Convention is designed to improve the protection in international
situations of adults who, by reason of an impairment or insufficiency in their
personal faculties, are not able to safeguard their own interests.
25 The UN Convention on the Rights of Persons with Disabilities was adopted by the
UN General Assembly in 2006. It is a major Human Rights Convention which aims
to promote, protect and ensure the full and equal enjoyment of all human rights
by persons with disabilities.