best interests arguements re involuntary sterilisation of mentally retarded
Category: Science > Social Sciences
Asked by: lullu-ga
List Price: $20.00
15 Feb 2004 01:32 PST
Expires: 16 Mar 2004 01:32 PST
Question ID: 306937
there were a no. of papers published in the 1980's/1970s on substitute descision-making and guidelines/pointers that might be considered when thinking about "best interests" when considering involuntary sterilisation (ie.without the persons consent if they lack descision-making capacity) forpeople with mental retardation.Do you have any references/papers about this area, particularily more recent ones, or court descisions
Re: best interests arguements re involuntary sterilisation of mentally retarded
Answered By: majortom-ga on 16 Feb 2004 10:16 PST
This area of the law has changed drastically since the last supreme court case that directly addressed the issue. (Buck v. Bell, 274 U.S. 200 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=274&invol=200 ) Legally, however, it still appears to be a matter left up to the states. Many states still have laws on the books which allow for involuntary sterilization. (For example, here is the OR law: http://www.leg.state.or.us/ors/436.html , and the HI law: http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0005-0608.htm ) What these laws and state cases such as Conservatorship of Valerie N. [(1985) 40 Cal.3d 143 http://login.findlaw.com/scripts/callaw?dest=ca/cal3d/40/143.html ] underscore is the importance of evaluating other available methods of contraception. FDA approval of less permanent methods of birth control (such as Norplant or Depoprovera) may have resulted in fewer of these cases. I have found a few articles addressing this issue: http://www.cirp.org/library/legal/lebit/5.html (_Journal of Law and Health_ article from 1992, clarifying the difference between the best interest standard and substituted judgment doctrine) http://www.cqc.state.ny.us/counsels_corner/cc42.htm (1989 article of the state of NY law on this topic) http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=7807483&dopt=Abstract (Abstract of 1994 article in the _Journal of Reproductive Medicine_ on parental attitutes toward sterilization of developmentally disabled children) Additional Case Law: In re Lora Faye Wirsing, Developmental Disabled Person ___Mich___(1998), #1044834 (1998 MI case very similar to Valerie N) http://courts.co.calhoun.mi.us/ca020398.htm (description of findings)
rated this answer:
thnank v.helpful,and the clarification with UK cases much appreciated.
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