Equal Treatment for People with Mental Retardation: Having and Raising Children

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Harvard University Press, 2009 - 460 pages
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Engaging in sex, becoming parents, raising children: these are among the most personal decisions we make, and for people with mental retardation, these decisions are consistently challenged, regulated, and outlawed. This book is a comprehensive study of the American legal doctrines and social policies, past and present, that have governed procreation and parenting by persons with mental retardation. It argues persuasively that people with retardation should have legal authority to make their own decisions.

Despite the progress of the normalization movement, which has moved so many people with mental retardation into the mainstream since the 1960s, negative myths about reproduction and child rearing among this population persist. Martha Field and Valerie Sanchez trace these prejudices to the eugenics movement of the late nineteenth and early twentieth centuries. They show how misperceptions have led to inconsistent and discriminatory outcomes when third parties seek to make birth control or parenting decisions for people with mental retardation. They also explore the effect of these decisions on those they purport to protect. Detailed, thorough, and just, their book is a sustained argument for reform of the legal practices and social policies it describes.

 

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Equal treatment for people with mental retardation: having and raising children

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Field, a Harvard law professor and author of Surrogate Motherhood (LJ 11/15/88), and civil liberties practitioner Sanchez provide a comprehensive examination of the reproductive and parental rights of ... Consulter l'avis complet

Table des matières

Public Policy Past and Present
9
Who Are Called Retarded?
23
Procreation
53
Current Policy Issues concerning Sterilization
80
What Should the Standards for Sterilization Be?
93
Sex and Contraception
110
The Limited Impact of Guardianship
128
The Peculiar Problem of Abortion 739
139
The Possibility of Varying the Rule
215
Some Underlying Rules and Issues
235
Important
259
The Social Welfare System in Practice
279
Reforming the System
304
Conclusion
343
Bibliography
401
Cases
425

SelfDetermination Explained and Evaluated
157
Necessary Limitations on SelfDetermination
197

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À propos de l'auteur (2009)

Martha A. Field is Langdell Professor of Law at Harvard University.

Valerie A. Sanchez is Assistant Professor of Law and Associate Director of the Institute for Dispute Resolution at the University of Florida Fredric G. Levin College of Law. She was formerly Lecturer on Law at Harvard Law School.

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