NCJ Number
66643
Journal
Syracuse Law Review Volume: 30 Issue: 4 Dated: (FALL 1979) Pages: 1093-1143
Date Published
1979
Length
51 pages
Annotation
AMERICAN IMPLEMENTATIONS OF THE INTERNATIONAL LEAGUE OF SOCIETIES FOR THE MENTALLY HANDICAPPED (ILSMH) DECLARATION OF RIGHTS FOR MENTALLY RETARDED PEOPLE ARE REVIEWED IN TERMS OF ACCOMPLISHMENTS AND SHORTCOMINGS.
Abstract
THE ILSMH DECLARATION, ADOPTED IN 1968, WAS THE BASIS FOR THE 1975 UNITED NATIONS DECLARATION OF THE RIGHTS OF DISABLED PERSONS. ORGANIZATIONS SUCH AS THE AMERICAN ASSOCIATION ON MENTAL DEFICIENCY (AAMD) AND THE AMERICAN BAR ASSOCIATION (ABA) HAVE MOVED TO DEVELOP PROGRAMS IN ACCORDANCE WITH THE DECLARED PRINCIPLES OF NORMALIZATION, CONSENT, AND CHOICE FOR RETARDED PERSONS. MOREOVER, FEDERAL AND STATE LEGISLATURES AND COURTS HAVE PROHIBITED DISCRIMINATION AND GRANTED RIGHTS. NONETHELESS, THE IMPLEMENTATION STATUS OF ILSMH PROVISIONS IS SUCH THAT RETARDED PERSONS IN AMERICA STILL CANNOT VOTE. THEY ALSO SUFFER DISCRIMINATION IN EMPLOYMENT AND ACCESS TO PUBLIC PREMISES. THE FEDERAL RESPONSE TO PROVISIONS FOR EDUCATION, HEALTH, AND TREATMENT CARE IS SEEN AS ADEQUATELY LEGISLATED THROUGH FEDERAL ACTS FOR DEVELOPMENTALLY DISABLED ASSISTANCE AND THE EDUCATION FOR ALL HANDICAPPED CHILDREN. RECOMMENDATIONS URGE STATE AND LOCAL GOVERNMETNS TO EFFECT SPECIFIC ZONING CHANGES SO THAT GROUP HOMES FOR THE RETARDED CAN BE ACOMMODATED AND THE RIGHT TO COMMUNITY LIVING REALIZED. THE RIGHT TO GUARDIANSHIP IS SEEN AS A DILEMMA BETWEEN PERSONAL FREEDOM AND RETARDED INDIVIDUALS' NEEDS FOR GUIDANCE; TO ENSURE THE PROPER BALANCE BETWEEN THEM, THE AAMD AND THE ABA HAVE ISSUED GUIDELINES. STATE RESPONSES TO THE RIGHT OF FREEDOM FROM ABUSE ARE TO BE CRITICIZED FOR THEIR INADEQUATE SOCIAL SERVICES TO THE RETARDED ABUSED AND FOR INVOLUNTARY STERILIZATION STATUTES. FURTHER, THE RIGHT OF DUE PROCESS FOR RETARDED INDIVIDUALS ENTAILS ADDITIONAL PROVISIONS, SUCH AS PERIODIC REVIEW OF ANY LIMITATION TO THEIR RIGHTS. MUCH OF THE PROGRESS IN AMERICA IS DUE TO THE AGREEMENT BETWEEN MENTAL HEALTH AND LEGAL PROFESSIONALS ON ISSUES OF EQUAL PROTECTION, SUBSTANTIVE AND PROCEDURAL DUE PROCESS, AND AFFIRMATIVE ACTION. HOWEVER, THE POLARIZATION OF MENTAL RETARDATION PROFESSIONALS AND CIVIL RIGHTS ADVOCATES WITH REGARD TO CIVIL COMMITMENT, GUARDIANSHIP, AND RIGHT TO TREATMENT MAY BECOME A MAJOR OBSTACLE TO FURTHER IMPLEMENTATIONS OF THE ILSMH DECLARATION. POLICY STATEMENTS, MODEL STATUTES, AND FOOTNOTES ARE INCLUDED. (MRK)