Sexuality and Self-Determination
How does self-determination apply to sexuality?
According to Wehmeyer (1996, p.18), self-determination is "acting
as the primary causal agent in one's life and making choices and decisions
regarding one's quality of life free from undue external influence or
interference." The concept of self-determination has gained prominence
in the area of advocacy for and by people with intellectual and developmental
disabilities (ID/DD) over the last three decades, and international studies
have confirmed the importance of self-determination in enhancing the quality
of life for people with ID/DD (Lachapelle et al., 2005).
Self-determination in the area of sexuality has proven to be a controversial
topic, however, for a variety of reasons. Agencies which provide support
services tend to fear legal liability for the consequences of sexual activity
by individuals served, and may restrict or prohibit sexual activity or
specific types of sexual activity. Family members and service providers
may not accept the sexual needs and rights of a person with ID/DD and
may seek to restrict or deny the person's expression of sexuality. Erroneous
stereotypes about the sexuality of people with ID/DD (e.g., that people
with ID/DD are asexual, hypersexual, or sexual predators) contribute to
this denial of the person's rights and needs. Lastly, there is an inherent
tension between the responsibility of agencies and guardians to protect
the safety of the person, and the person's right to the dignity of risk
that is an inextricable component of self-determination. Sexual self-determination
risks contracting sexually transmitted disease, pregnancy, abuse or exploitation,
and emotional pain. This is a reality that should not be overlooked. There
is no simple answer or approach that resolves the tension between safety
and self-determination. Each family's and individual's unique issues in
this area must be addressed on an individualized basis (Watson, Venema,
Molloy, & Reich, 2002).
Support for self-determination in sexual expression
There are a variety of ways to support the self-determination of a person
with ID/DD in his or her sexual expression. Both providing and encouraging
sex education assists individuals in making informed sexual health and
relationship decisions. Appropriate preventative sexual health care and
screening are additional components of self-determination in this area.
Finally, showing support for the person's right to privacy and respect
for her choices is a key way to support her self-determination. This may
include the person's choice to associate and have relationships, marry,
or raise children. Researchers have found that care providers and family
members are much more likely to disapprove of same-sex relationships and
same-sex sexual activity (Watson, Venema, Molloy, & Reich, 2002).
Although it is important to consider the cultural and religious values
of the person's family and community, it is also necessary to recognize
that it is a violation of the person's rights when family members or service
providers actively prevent the person from engaging in consensual legal
relationships with individuals of her choice.
Role of the Primary Care Provider
The primary care provider is in a position to provide education and support
to families that help to combat negative stereotypes and promote healthy
self-determination in sexual expression. The primary care provider should
inform individuals, guardians, and caregivers that it is healthy and normal
for individuals with ID/DD to have sexual rights and needs. The provider
may also provide sex education and or sex education resources as needed.
Finally, the provider may advocate for the patient's right to sex education,
privacy, and self-determination.
Note:
The above document contains general legal information; it is not legal
advice and it does not create an attorney/client relationship. As laws
and circumstances differ, the prudent health care practitioner should
discuss these issues with his or her attorney before proceeding.
Lachapelle,
Y., Wehmeyer, M.L., Haelewyck, M.C., Courbois, Y., Keith, K.D., Schalock,
R., et al. (2005). The relationship between quality of life and self-determination:
An international study. Journal of Intellectual Disability Research,
49, 740-744.
Watson
S.L., Venema, T., Molloy, W., & Reich, M. (2002). Sexual rights and
individuals who have a developmental disability. In D. M.Griffiths, D.
Richards, P. Fedoroff, & S.L. Watson (Eds.), Ethical dilemmas:
Sexuality and developmental disability (pp. 19-52). Kingston, NY:
NADD Press.
Wehmeyer,
M.L. (1996). Self-determination as an educational outcome: Why is it important
to children, youth, and adults with developmental disability? In D.J.Sands
& M.L.Wehmeyer (Eds.), Self-determination across the life span:
Independence and choice for people with disabilities (17-37). Baltimore:
Paul H. Brookes Publishing.
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