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The strange lack of responsiveness of the social work field in general to the problem of mental retardation, even in the face of extraordinary manifestations of public interest, has been documented elsewhere. Let me merely add here that the lack of reference to the associations for the retarded in this draft document reflects a widespread tendency on the part of administrators and professional workers, particularly those in institutions, to look upon these associations as little more than donators of birthday parties and needed equipment the state fails to provide.

These rather lengthy introductory remarks were necessary to put into proper perspective a document I want to introduce into this discussion on human rights for the mentally retarded as a challenge to social action. In June of 1967 the International League of Societies for the Mentally Handicapped, which has in its membership over 50 parent sponsored associations around the globe, assembled in Stockholm a Symposium on Legislative Aspects of Mental Retardation. In attendance were delegates from Belgium, Denmark, England, Finland, France, Germany, Ireland, the Netherlands, Norway, Spain, Sweden, Switzerland, the U.S.A. and Yugoslavia. Let me share with you one part of the published Conclusions of this Syupusium5 which is particularly germane to our topic today.

III. INDIVIDUAL RIGHTS

The Symposium considered that no examination of the legislative aspects of the problem of mental retardation would be complete without general consideration being given to the basic rights of the mentally retarded, not only from the standpoint of their collective rights and those of their families, but also from that of the individual rights of the retarded person as a human being. The Symposium affirmed the following:

III.I General principles

a. The mentally retarded person has the same rights as other citizens of the same country, same age, family status, working status, etc., unless a specific individual determination has been made, by appropriate procedures, that his exercise of some or all of such rights will place his own interests or those of others in undue jeopardy. Among the rights to which this general principle may apply are: the right to choose a place to live, to engage in leisure time activities, to dispose of property, to preserve the physical and psychological integrity of his person, to vote, to marry, to have children, and to be given a fair trial for any alleged offence.

b. The retarded person has furthermore, a right to receive such special training, rehabilitation, guidance and counselling as may strengthen his ability to exercise these rights with the minimum of abridgement.

c. Some persons may be able to exercise all these rights, in due course, even though they are, or may have been, at one time or another, identified as mentally retarded. Others may, as a result of a serious degree of mental retardation, be unable to exercise any of these rights in a meaningful way. There remains a number of retarded persons for whom modification of some or all of these rights may be appropriate.

d. When modification or denial of rights is necessary, certain compensating special or alternative rights should be acquired. In cases where a number of fundamental rights are to be abridged, the special rights include the right to have a guardian appointed, who will have the legal and moral obligation to make necessary decisions on behalf of the retarded person who cannot act for himself."

Let me interpolate here a further provision mentioned in a later section on guardianship.

"d. The guardian appointed should be one who will render conscientious service to the ward in the light of modern understanding of the nature of his condition; no person should be appointed who is responsible for rendering a direct service to the retarded person."

"e. In respect to any right which it is proposed to deny or modify, the retarded person is entitled to the benefit of special procedures, in accordance with the general legal code of his country, which will ensure that:

1. an evaluation of his social capabilities to exercise the rights in question has been made by persons professionally qualified to do so;

2. both he and members of his family or other interested persons are advised in advance of the process;

3. rights of appeal to higher authorities, and especially the courts are kept open;

4. the benefits of these and related legal provisions are not limited by the economic status of the retarded person;

5. the possibility remains of restoring at a later date any right which is denied, should the circumstances later justify restoration;

6. there is provision for periodic review of the necessity to restrict rights;

7. the physical and psychological integrity of his person is preserved."

These findings of the Symposium have since been formalized and ratified by the Fourth Congress of the International League, held in Jerusalem in October 1968, as The Declaration of General and Special Rights of the Mentally Retarded. -6-