A Study into the Sexual Rights of People with Intellectual Disabilities

• Main Authors: Zheng YangYi, 鄭揚宜
• Other Authors: Yin Bin Ning
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/9vb6v2

博士 === 國立中央大學 === 哲學研究所 === 105 === The study of the sexual rights of people with intellectual disabilities involves in the fields of (intellectual) disability studies, feminism, gender studies, autonomy, and sexual consent. This study aims to bring up the discussion from various perspectives. Although great progress has been made in modern disability studies and disability rights movements, the intellectually disabled cannot speak for themselves, hence their rights are often neglected. Among these rights, sexual rights of the intellectually disabled are especially critical issues overlooked by traditional disability studies. The key to this phenomenon lies in people nowadays treat intelligence as the center of social relationship. The intellectually disabled cannot fit in the modern society for their lacking of rationality and autonomy capability. Intelligence is also regarded as a criterion for engaging in sexual behaviors, because giving affirmative consent is the basis to obtain sexual rights morally. For the reason that the intellectually disabled are unable to give such consent, it is difficult to prove the presence of their sexual rights. Therefore, the morality analysis of sexual consent will be an important task for the researchers of the intellectually disabled. 　　This study will stem from disability studies and determine how the people with disabilities are viewed under different research models, and the major ones in the Western world are moral, medical, and social models. While these three models are not sufficient to illustrate the sexual rights of the intellectually disabled, they provide a broader view for the public to understand the social structure in which the intellectually disabled are situated, as well as the causes of their intellectual disabilities. Moreover, a paradox existing in the discussion of the sexual rights of the intellectually disabled will be clarified, which is how to ask a person without rationality to form a moral judgment rationally. This paradox involves with a number of critical controversies: Can the modern fair and rational individualism grant definite sexual morality? Should intelligence be the criterion for a person to engage in sexual behaviors? How can people with intellectual disabilities give affirmative sexual consent? Should sexual consent only include the parties actually involved in sexual behaviors? And what's the role of the disabled person's agent? This study will examine the strengths and weaknesses of the three disability studies models regarding the sexual rights of the intellectually disabled, and propose a capability engagement model as the theoretical foundation for this topic. 　　In fact, normalization and educational guidance are already addressing the sexual issues of the intellectually disabled. However, the intellectually disabled are only asked to engage in sexual behaviors abided by social norms, for the absence of morality analysis in their sexual rights. This not only makes it difficult for them to be qualified for sexuality, but also limits them to stay in the unfair social position, which does not help them separate from the oppressive structure. The capability participation model will validate the sexual rights criteria, and refute the fair and rational individual presumption by introducing radical feminism’s gender relationship analytical framework. Moreover, the importance of relationship in care ethics is also referenced as the morality basis of the intellectually disabled and their caregivers. On the other hand, the capability engagement model also adjusted the standpoint of radical feminism’s treating sexuality as the key to the injustice of women’s rights, and instead consider sexuality as the practicing strategies for the intellectually disabled’s correction of injustice. This study hopes to contribute to two aspects: to clarify the sexual rights of the intellectually disabled, and probe into a broader scope of disability research and sexual morality studies.