Literature Review on Provision of Appropriate and Accessible ...

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own sexual choices and to protect them from abuse. The main difficulty
is determining whether a person with an intellectual disability has the
capacity to consent to a sexual relationship, and if so whether the person
is consenting <strong>Literature</strong> to a particular <strong>Review</strong> on sexual Provision relationship of Appropriate (Eastgate, and Accessible 2008).
Support to People with an Intellectual Disability who are
Experiencing Crisis Pregnancy
The following discussion of capacity, consent and sexual relationships
provides an overview of the statutory framework within which individuals
with intellectual disabilities’ capacity to explore and enjoy sexual
relationships autonomously is regulated. It goes on to consider current
debates in this area, including the argument that in trying to protect
vulnerable people the law is reducing their freedom, in so far as sex
and intimacy are concerned to the extent that some people deemed as
‘mentally impaired’ could run the risk of prosecution. This section will
look to examples of good practice from other jurisdictions attempting to
achieve a balance between protection and autonomy.
3.2 Recognition of rights to sexual relationships for people
with intellectual disabilities
Article 23 1 (a) of the UN Convention on the Rights of Persons with
Disabilities 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’. In Ireland, The Law Reform
Commission (2006) has emphasised that where a person has been found
to lack capacity, this results in a restriction or removal of fundamental
human rights; therefore, the issues of capacity and rights are inextricably
linked (LRC, 2006).
With regard to sexual fulfilment for people with intellectual disabilities,
a number of authors have recommended the adoption of a rights-based
approach to the development of legislation incorporating protection
without discrimination for adults with intellectual disabilities (Donnelly,
2008; Graydon, Hall and O’Brien-Malone, 2006; Keywood, 2003b;
Brown, 2004; Brown, 1996). In reviewing the law and procedures for
people whose capacity is in question and/or is limited note must be
taken of Ireland’s human rights obligations and of international human
rights principles. Any change to the law on capacity must comply with
those obligations and be guided by the principles underpinning those
obligations.