Literature Review on Provision of Appropriate and Accessible ...

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They point out that evaluating a person’s ability to provide consent
may be quite complex in actual practice. Ultimately, they note that
capacity is a legal attribute, and legal standards for determination of
capacity vary greatly. In the U.S. some states require judicial review with
representation of the individual by an attorney and guardian ad litem
[42], and a competency evaluation (American Academy of Pediatrics,
1999). In those states without such a legal requirement, in the case of
an elective procedure with permanent consequences, the American
Academy of Pediatrics recommends that all possible efforts should be
made to conduct the determination of competence fairly. Applebaum
& Grisso (1988) point to the importance of considering language and
cultural background, quality of information provided to the person
(clarity, completeness, lack of bias), and fluctuations in a person’s
comprehension resulting from, for example, various stressors and
medications.
Support to People with an Intellectual Disability who are
Accessible
and Appropriate of Provision on <strong>Review</strong> <strong>Literature</strong>
Experiencing Crisis Pregnancy
A person who can demonstrate adequate capacity to comprehend the
facts and associated concepts and express choices about these matters
can provide informed consent or refusal for contraception, including
sterilisation.
2.8 Capacity to make healthcare decisions
2.8.1 Informed consent
Many women with intellectual disability can give informed consent,
and some cannot. At common law the giving of informed consent is a
prerequisite to the carrying out of medical treatment. [43] An element of
the concept of informed consent at common law is the requirement that
the patient has the necessary capacity to decide whether or not to have
the proposed medical treatment (LRC, 2006: 81). There is no generally
42 Guardian at law.
43 Indeed the doctrine of informed consent is part of a medical practitioner’s duty of
care under the tort of negligence and has been judicially recognised as an aspect
of the constitutional right of privacy which ensures the dignity and freedom of
the individual -Re A Ward of Court (no 2) 91996) 2 IR,79,163. The requirement of
consent to medical treatment is an aspect of the constitutional right to bodily
integrity and may involve article 8 of the ECHR. See also the Council of Europe’s
Convention on Human Rights and Biomedicine. Oviedo,4 IV 1997.