Young People With Disability Case Study

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Throughout the world the majority of people identified with disabilities have been overlooked, hidden and ridiculed in the community (AHRC, 2013). Australian history demonstrates that in ‘dealing’ with this issue many individuals with disabilities have been placed in institutions and/or prisons and by sterilising many young girls (AHRC, 2013). The recent concern presented by Federal disability commissioner Graeme Inns, of the rise in sterilisation in young girls with disabilities begs the question of if the rights of these young girls are being adhered to (ABC, 2012). This case study will examine the legal and ethical issues whilst also discussing the rights of an individual with a disability. By analysing the Australian Common and Family Law this case study will establish how the Australian government defines the rights of people with disabilities and how it is put into practice. The ethical issues that arise from this scenario will also be explored through appropriate literature in order to understand the implications sterilisation of young people with a disability has.

Family law conflicts are seldom resolved by the most senior court in Australia, and if they reach that level of judicial consideration they will most likely involve difficult and complex constitutional concerns (Forrester & Griffiths, 2009). Similar to the scenario, Marion's case came before the Full Court of the Family Court of Australia in June 1990 raising the difficult issues surrounding the confusing area of parents and their children's rights (Harrison, 2009). The case brought to life the challenging issue of who may lawfully allow the sterilisation of an intellectually disabled teenage girl, and therefore brought the serious debate concerning family auto...

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...y and treatment. These legislative and state initiated measures ensure that in order to undergo sterilisation for an under age girl with a disability the appeal must first be heard by the Family court and then requires court authorisation to proceed. This protective measure guarantees that all ethical issues that may arise such as ability to give consent, the persons rights, what is in the persons best interest and that all other temporary and reversible methods such as oral contraceptives are considered before sterilisation is acknowledged. As the scenario suggests however, Federal disability commissioner Graeme Inns highlights that more is still required from the government to ensure the rights of those disabled persons are being followed through with. This included changes to the law to ensure that sterilisation are only done in the case of medical emergencies.

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