| Protection & Advocacy Inc. Advancing the rights of Californians with disabilities |
LEGISLATION & PUBLIC |
Personal Autonomy Principles
(Amended PAI is committed to furthering the personal autonomy rights of individuals with disabilities. Personal autonomy rights include the following rights: the right to self-direction and self-determination, the right to informed consent for treatment, right to appoint an agent to make decisions when the individual is unable to make their own decisions, right to refuse treatment, right to have minimum standards for conservators, right to parent, right to marry and engage in consensual sexual relationships, the right to vote, and the right to information about their rights. These principles apply to all individuals with disabilities, regardless of race, class, gender, disability, sexual orientation, gender identity, religion, or national/ethnic origin. In the case of children with disabilities, it is not always clear who best represents the right of the child to be protected against involuntary sterilization, drastic medical interventions, procedures, or experimentations that violate the notion of personhood. In addition, societal support for families of children with disabilities has not progressed at the same pace as medical procedures. Families may be isolated and unaware of the potential of services to improve the lives of their children with disabilities. Services, supports, and accommodations that improve the
lives all persons with disabilities may include assistive technologies, respite
services, therapies, habilitation and home and community-based services. For children with disabilities, this may also
include special education and other related services. The Right to Personhood, Bodily Integrity and Personal Autonomy of Persons
with Disabilities
All persons with disabilities, including children with
disabilities, have the right to maintain personhood, bodily integrity, and
personal autonomy. PAI will support and encourage the participation of
children with disabilities, to the extent that it is feasible, in medical
decisions that affect their lives. PAI will oppose policies that promote the sterilization on
persons with disabilities. PAI will oppose efforts which allow for or encourage the
exploitative medical experimentation on all persons with disabilities. PAI will oppose the use of medical procedures that violate
the autonomy and personhood of children and adults with disabilities. PAI will support measures that ensure that all persons
with disabilities, including children with disabilities, have the services and
supports they need to grow, develop naturally, and to live fully integrated
lives of quality in their own homes and communities. PAI will support measures that provide for education,
community support, and increased awareness for families of potential services
to improve the lives of their children with disabilities. Informed Consent and Right to Refuse Treatment, Services and Release of
Confidential Records
Individuals with disabilities have the right to give
informed consent to medication, treatment and services and receive medication
support services. Individuals with disabilities have the right to refuse
treatment, including Electro-Convulsive Therapy (ECT). Individuals with disabilities have the right to develop
Advance Directives for Health Care (ADHC) and appoint an agent to make
decisions for them when they are no longer able to make their own decisions.
Conservatees have a right to have their advance directive followed by their
conservators. Individuals with disabilities have the right to have
medical and mental health records remain confidential, and to review their own
records. Conservatorships
Individuals with disabilities who are conserved have the
right to expect that their conservator will act in concert with their wishes
and needs. A conservatee has the right to dismiss a conservator who
is acting in a way that goes against the conservatee’s wishes and needs. A
conservatee also has the right to dismiss a conservator without any stated
cause. Individuals with developmental disabilities have the right
to a limited probate conservatorship instead of a general probate
conservatorship. Individuals under LPS conservatorship or commitment have a
right to an individualized assessment of any limitations or deprivations
imposed by the conservatorship or commitment. Parenting Rights of People with Disabilities
Individuals with disabilities have the right to exercise
their right to parent regardless of the nature and severity of their
disability. Parents with disabilities should have access to all
supports and services available under the law to assist them in parenting. Sexuality Rights of People with Disabilities
People with disabilities have the following rights
regarding sexuality whether they live in the community or in institutional
settings: People with disabilities have the right to marry the
person of their choice. People with disabilities have the right to engage in
consensual sex, to engage in activities of sexual expression that do not
infringe on the rights of others, and to a private place where they can express
their sexuality. People with disabilities have a right to educational
information concerning sexuality and contraceptives. People with disabilities have the right to any assistive
technology, medical care, or equipment needed to express their sexuality. People with disabilities have the right to decide whether
or not to use contraceptives and to obtain the contraceptives of their choice. People with disabilities have the right to affirmation as
sexual beings. People with disabilities have the right to refuse a sexual
relationship with another individual. A person with a disability should never
be coerced to have sex. People with disabilities should be free from
discrimination, harassment, interference, and retaliation when exercising their
rights to sexuality and when exercising their right to refuse to engage in any
sexual activities. Voting Rights of People with Disabilities
People with disabilities have the right to vote whether
they live independently, in group living arrangements or in institutions. People with disabilities should be free from interference
or coercion when exercising their right to vote, including registering to vote
and casting their vote. People with disabilities have the right to accessible
voting systems, assistive technology and alternative formats when exercising
their right to vote. People with disabilities have the right to vote
independently and privately on secure accessible voting systems. People with disabilities have the right to full and equal
access at polling places. People with disabilities should have access to nonpartisan
information about the voting process, parties, issues and candidates that they
can understand and is available in alternative formats. People with disabilities have the right to reasonable modifications in voting policies, practices and procedures in order to exercise their right to vote. |
|
| Policy #1024.01 |
Adopted |