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Sex, rights, law, fun- some scenarios

PROFESSOR CLAIRE DE THAN SHADA/THE OUTSIDERS/OU SEXUALITY ALLIANCE . Sex, rights, law, fun- some scenarios. So…. Everyone has right to sexual expression, relationships of their choosing, and fun

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Sex, rights, law, fun- some scenarios

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  1. PROFESSOR CLAIRE DE THAN SHADA/THE OUTSIDERS/OU SEXUALITY ALLIANCE Sex, rights, law, fun- some scenarios

  2. So…. • Everyone has right to sexual expression, relationships of their choosing, and fun • Restrictions need very strong reasons and must be proportionate to their aims (e.g. protecting children) • People who need support in accessing their rights may be entitled to it • Even people who lack capacity have the same human rights as everyone else

  3. Claire’s toolkit • Adult? Non-carer? Communicate? Consents? Capacity? Private? OK! Any of those missing? Possible crime! • Remember the purpose behind the law • Policy: ‘None of the measures in the Act are [sic] intended to interfere with the right to a full and active life, including a sexual life, of people with a mental disorder who have the capacity to consent.’ • Avoid bubble wrapping: rights are central to safeguarding, people with capacity have right to choose own risks • But needs Guidance and reform of the ‘mental disorder’ offences- campaign!

  4. HOW THE GUIDANCE HELPS: ENABLING RIGHTS • right to protection and the autonomy-based rights need to be weighed up against each other, to prevent bubble wrapping • Some people need support or help for sexual expression • If motivated people work together and apply the Guidance consistently, small changes could make a world of difference towards ensuring that everyone has an equal opportunity to enjoy their human right to fun. • And here it is: http://www.open.ac.uk/health-and-social-care/research/sexuality-alliance/sites/www.open.ac.uk.health-and-social-care.research.sexuality-alliance/files/files/Guidance-40pp_03-17_email.pdf

  5. ABOUT ME • @clairedethan (twitter) • clairedethan@mac.com (FB)

  6. EXAMPLES TO PONDER • J is a 17 year old with a LLTC and multiple disabilities. He has never had a sexual relationship and would like a sex worker to visit him at home. Does it make a difference if he is 15, or if he lives in a residential school, hospice or care home? Or is 15 and wants time in private with his long-term girlfriend? • What if he is deafblind and has not had any sex education? • What do you WANT to do? What MUST you do? What should you definitely NOT do?

  7. L and B are a couple with severe physical disabilities and difficulties with communication. They live in single rooms in the same flat within a care home. They want to share a room but have been told that there is not a suitable room available. • What do you WANT to do? What MUST you do? What should you definitely NOT do?

  8. Girl 16-18, brain injury, overtly touting for men on social media and disclosing her personal and contact details • What are her rights and what are your duties? • In other words, What do you WANT to do? What MUST you do? What should you definitely NOT do?

  9. K was a keen sportsperson before her car accident. She now wants to return to taking part in risky sports. • What do you WANT to do? What MUST you do? What should you definitely NOT do?

  10. JOAN • Brain injury, impaired judgment, poor insight re risks • Lives with partner, Steve • Police called out after incidents at home; Steve told that he was the one who would be arrested because Joan is vulnerable adult • Case Manager repeatedly asks Joan if she wants to stay with Steve: ‘yes’ • What are Joan’s rights and how should they be balanced against risks? • I.E., What do you WANT to do? What MUST you do? What should you definitely NOT do?

  11. Andy’s care home refuses to talk about his sexual needs. He has complex disabilities and his Case Manager has suggested that he needs sexual expression, but the suggestions are ignored • What do you WANT to do? What MUST you do? What should you definitely NOT do?

  12. Tim, 14, showing an interest in sexual expression but unable to masturbate due to complex physical disabilities. Also cognitive impairment. • What should his carers do? Does anyone have a duty to raise the issue with Tim’s parents? • What do you WANT to do? What MUST you do? What should you definitely NOT do?

  13. Any scenarios of your own which you want to discuss? Or questions?

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