Legal And Ethical Issues in Autism-Carter

 Autism

Riley Carter

Legal and Ethical Concerns:

Most legal and ethical concerns associated with autism involve the treatment and the care of the autistic individual. A person who is born with autism is also born with legal rights (Coleman, 2017). In saying this it means that no matter their diagnosis they are entitled to life, liberty, and the pursuit of happiness (Coleman, 2017). It is also important to note that the laws that apply to "normal" individuals also apply to those individuals  with autism. An example would be the laws set aside for sexual activities. All younger individuals, including those with autism, should go through and understand the reasoning behind sexual education (Coleman, 2017). Sex education gives a basis of laws that are placed to protect individuals and teach them the rights and wrongs of sexual contact (Coleman, 2017). If these "rules" are violated that can lead to the individual being arrested and put in jail (Coleman, 2017). And it is important to add that these individuals are not treated differently because of their diagnosis, unless they are deemed as incompetent. Often individuals with autism are affected more by peer pressure (Coleman, 2017). This pressure could cause them to blur the lines of right and wrong to be able to fit in (Coleman, 2017). Once an individual turns 18 they become in charge of themselves (Coleman, 2017). The guardianship and decision making that the parent or guardian once held is null and void. They no longer have a say in this individual (Coleman, 2017). However it may be the choice of the individual to allow their parent or guardian to continue their guardianship. This can only be given. It cannot be forced upon them (Coleman, 2017). Ethical concerns for those with autism would deal with things such as discrimination and harassment (Behnke, 2009). This means when an individual says "no" or that they do not wish to continue, this statement should be respected. An individual should not be pushed past their level of comfort for the sake of research (Autism Advocacy, n.d.). These individuals are still humans and they should not be treated in  any way but with the utmost respect. I found the video below which I have linked quite interesting in describing an ethical issue from this BCBA's personal experience. 


Is meeting the letter of law sufficient?:

Meeting the letter of the law is exactly what it sounds like. Meeting the requirements set forth by the law (Garcia, Chen & Gordon, 2023). It is incredibly important that these legal components are met, because they are designed to suppress discrimination and unequal treatment of those with disabilities (ADA, 2020). These various laws that have been put into place cover things such as housing, employment, and transportation (ADA, 2020). An example of the letter of the law could be a park saying that  no motorized vehicles are allowed. In saying this it would be safe to assume anything with a motor would be not allowed. I believe that in meeting the letter of the law these individuals are meeting the bare minimum of what is being asked of them and what is actually needed. Disabilities are ever changing just as the world is rapidly changing around us. These laws need to change and adapt over the years. In complying with the bare minimum of these laws, you are missing the true reasoning behind these laws (Northeast ADA Center, n.d). 

Discuss and Illustrate the spirit of law:

The spirit of law is the idea that there is a deeper meaning or a different intended purpose of the law (Garcia, Chen & Gordon, 2023). We often forget the reasoning behind why the laws were created in the first place (Garcia, Chen & Gordon, 2023). Going off the previous I used in the previous section, a park has stated that no motorized vehicles are allowed in the park. While the law states no motorized vehicles allowed, they intended this to only include cars, atvs, and things of the such. It was not intended to include wheelchairs or scooters used for mobility. The law was set but the intentions of the law were misunderstood. This often goes for laws including disability. The real reasoning is often lost in trying to comply with the basis of the law. 

Potential Issues Impact on the Individual:

The ADA's purpose is to create a protection for individuals with disabilities against discrimination (ADA, 1990). Even though the intended purpose of the ADA is protection against discrimination, it does not always happen . Discrimination can occur in a ton of different ways and can not always be prevented. This could shy the individual away from being honest about their disability or they may even hide their disability in total. Another potential impact could arise from employment issues (ADA, 1990). Employers are required under the ADA to provide their employees with their reasonable accommodations (ADA, 1990). An example would be the employer  providing the individual with one on one communication after meetings to ensure that the individual understands what is being asked of them. When these accommodations are not met, this can cause these individuals anxiety about their work environment, but also can open to the potential to be fired for the lack of being able to complete their job. 

Impact on Family/ Friends, Environment, and Society:

Family and friends are often very impacted by an individual with disabilities. This could cause strain on the relationship between the two individuals. The ADA states each individual should have the proper access to fair housing (ADA, 1990). This requires the housing provider to provide reasonable accommodations and modifications without fear of discrimination (Fair Housing Center of Southeast & Mid Michigan, n.d.). An example would be if the housing unit does not have accommodation parking for the individual, the housing provider would be required to put up signs for this individual to have accommodated parking (Fair Housing Center of Southeast & Mid Michigan, n.d). If a housing provider cannot provide these accommodations for whatever reason, these responsibilities may fall on the family or friends of this individual. This could also mean that they may have to move in with their family or friends.  An impact that could be effected on society would be if a business does not adhere to ADA standards (ADA, 1990). This could defer the public from going to these establishments as it is inaccessible to a specific set of people. 

References:

Americans with disabilities act of 1990, as amended. ADA.gov. (1990). https://www.ada.gov/law-and-regs/ada/#subchapter-ii---public-services-title-ii 

Behnke, S. (2009, June). Ethics rounds: Disability as an ethical issue. Monitor on Psychology. https://www.apa.org/monitor/2009/06/ethics 

Coleman, T. (2017, October 7). Living on the autism spectrum: Legal issues over a life span. https://tomcoleman.us/publications/autism-legal-issues.pdf 

Fact sheet: Fair housing for persons with disabilities - reasonable ... Fair Housing Center of Southeast & Mid Michigan. (n.d.). https://www.livgov.com/hscb/PublishingImages/Pages/default/FHC-Reasonable-Accommodation-Fact-Sheet[1].pdf 

For whose benefit? - autistic self advocacy network. Autism Advocacy. (n.d.). https://autisticadvocacy.org/wp-content/uploads/2021/12/ACWP-Ethics-of-Intervention.pdf 

Garcia, S., Chen, P., & Gordon, M. (2014). The letter versus the spirit of the law: A lay perspective on culpability. Judgment and Decision Making, 9(5), 479-490. doi:10.1017/S1930297500006835

Introduction to the Americans with disabilities act. ADA.gov. (2023, June 20). https://www.ada.gov/topics/intro-to-ada/ 

The Spirit of ADA and your Business. The Northeast ADA Center. (n.d.). https://northeastada.org/resource/the-spirit-of-the-ada-and-your-business#:~:text=Ultimately%2C%20the%20spirit%20of%20the,benefits%20to%20individuals%20with%20disabilities. 

Photo: 

https://www.healthcarehighways.com/blog/autism-awareness





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