Library Collections: Document: Full Text

Several problems of a more specific nature need to be mentioned here. One is the use of mentally retarded children for medical experimentation such as the testing of new drugs or other modes of untried therapies, something that occurs all too frequently. Another pertains to the ever-recurring advocacy of euthanasia. In the Spring of 1968, I was shocked to read in a distinguished American journal an article advocating euthanasia or, in any case, withholding of indicated treatment, for infants born with Mongolism. Two months later in three different cities in Australia I was asked in the course of television interviews whether there was not merit in such a proposal. That respect for the mentally retarded on the most elementary level implies respect for his right to live, was most forcefully brought out by Judge Heinen of Bonn at an international congress in Paris in 1966. (13) A third area of concern is that of psychological testing. Frequently, poorly evaluated tests, secured under clinically questionable circumstances, are used indiscriminately by physicians, judges and other public officials as a basis for decisions affecting the lifetime of a retarded person. (14)

(14) Heinen, Bert, Achtung vor dem Leben, in: Stress on Families of the Mentally Handicapped, 3rd International Congress, International League of Societies for the Mentally Handicapped, Bruxelles, International League of Societies for the Mentally Handicapped, 1966.

Sterilization is a related issue. Among the countries which previously have utilized this intervention very freely, Denmark in recent years has sharply reduced the use of sterilization. After an exhaustive study of sterilization procedures in several States of the U.S.A. by the Institute of Law, Psychiatry and Criminology of George Washington University, Washington, D.C., it was concluded that there is no sound basis for sanctioning the continuance of involuntary sterilization. Furthermore, the Institute found that in many cases so-called voluntary sterilization was in reality coercive and not at all voluntary. (15) Altogether, the mere diagnostic finding of mental retardation can no longer be considered a valid basis for automatic imposition of restrictions of heterosexual relationships. "After all, marriage and sex are highly precious human rights, not to be tampered with easily." (16) The point made here is not that this problem area should be ignored. Rather, it should be approached in a positive way, with full recognition of the rights of the mentally retarded on the one hand, and the welfare of society on the other. In other areas of societal life, we do not tolerate repressive measures violating individual freedom merely to eliminate all chance of possible damage. If these same criteria are applied in the case of the mentally retarded, on the basis of the extensive available knowledge gained from research and practice, many measures and restrictions now in use will be found in need of revision.

(16) Sterner, Richard, Rights of the Mentally Retarded, paper presented at the XIV International Conference on Social Welfare, Helsinki, 1968 (mimeographed).

Time does not permit discussion of other legal questions of interest to physicians in the care of the mentally retarded, such as the right to education at public expense, the right to be appropriately occupied and to be paid wages proportionately to one's production, and the right to financial assistance commensurate with commonly accepted standards in the community. The new concept of the mentally retarded person's entitlement to all the rights of other citizens, unless there is sound basis for a specific abridgement, implies a revision of guardianship practices (17) , both in terms of graduation of the degree of tutelage and in terms of the guardian's role in protecting the personal interests of the mentally retarded individual against undue intervention by those responsible for his care.

In the opinion of one magistrate (18) who carefully reviewed, step by step, the findings of the Stockholm meeting and of the supporting papers submitted by the participants, the Symposium opens up such a flow of new and vital thought that it may indeed be somewhat confusing to those of us used to traditional approaches. Therefore, he recommends a major study by teams of specialists who, having collected further data, can develop more specific recommendations and procedures. This, in turn, must become the basis of a specific appeal to the public conscience so that change can indeed be effected.