Library Collections: Document: Full Text

Underlying these efforts was thinking most clearly conceptualized in the Scandinavian countries in the principle of normalization. (5) Normalization in this context represents a conscious effort in all that is being done and planned for and with the mentally retarded and their families to come as close to normal living situations as is feasible, considering the degree of intellectual, physical and social disability of the retarded person or persons involved.

It would seem important to emphasize at this point that the term mental retardation is used in my presentation today in line with the recent report by an Expert Committee of the World Health Organization entitled "Organization of Services for the Mentally Retarded" (6) ,that is to say, it encompasses all degrees of intellectual impairment, mild, moderate, severe and profound. This terminology coincides with that of the 8th Revision of the International Classification of Diseases, but for inclusion of the category "borderline mental retardation" to which the WHO Expert Committee took exception.

In June 1967 the International League of Societies for the Mentally Handicapped brought together in Stockholm at a Symposium on Legislative Aspects of Mental Retardation thirty representatives from fourteen national member societies of the League, including a number of lawyers and physicians. The Symposium (7) clearly recognized the wide variations in practices from country to country, depending on resources, as well as cultural and political traditions. However, the participants from the many countries nevertheless found it possible to develop common agreement on standards that could guide the various countries in reviewing and changing legislative provisions for the mentally retarded.

It is not possible within the limited time available to report here in detail on the full range of recommendations of the Symposium but I do want to refer to what I consider their major achievement -- a statement on individual rights. In the past, legislation addressed itself mainly to the problem of constraining the mentally retarded, limiting their freedom of action, prescribing confinement in institutions, permitting their exclusion from vital services, such as public schools, imposing obligations on their parents or providing parent surrogates. The recommendations of the Symposium reversed this essentially negative approach and instead set forth some broad general principles encompassing the individual rights of the mentally retarded person as a human being.

More recently, at the Fourth International Congress of the International League of Societies for the Mentally Handicapped, the proposals of the Stockholm Symposium served as a basis for a formal Declaration of General and Special Rights of the Mentally Retarded, adopted unanimously by the assembly. Its succinctness and pertinence for the topic assigned to me suggest that it be quoted here in full:

"Whereas the Universal Declaration of Human Rights, adopted by the United Nations, proclaims that all of the human family, without distinction of any kind, have equal and inalienable rights of human dignity and freedom; Whereas the Declaration of the Rights of the Child, adopted by the United Nations, proclaims the rights of the physically, mentally or socially handicapped child to special treatment, education and care required by his particular condition. Now therefore, the International League of Societies for the Mentally Handicapped expresses the general and special rights of the mentally retarded as follows:

ARTICLE I

The mentally retarded person has the same basic rights as other citizens of the same country and same age.

ARTICLE II

The mentally retarded person has a right to proper medical care and physical restoration and to such education, training, habilitation and guidance as will enable him to develop his ability and potential to the fullest possible extent, no matter how severe his degree of disability. No mentally handicapped person should be deprived of such services by reason of the costs involved.

ARTICLE III

The mentally retarded person has a right to economic security and to a decent standard of living. He has a right to productive work or to other meaningful occupation.

ARTICLE IV

The mentally retarded person has a right to live with his own family or with fosterparents; to participate in all aspects of community life, and to be provided with appropriate leisure time activities. If care in an institution becomes necessary it should be in surroundings and under circumstances as close to normal living as possible.