Intellectual Disability of Individuals - Essay Example

Individuals with intellectual and mental disabilities have a hard time in practicing their human rights and legal capa Intellectual disability is defined as significantly below average intellectual functioning. Intellectual disability have also been termed as learning disability, mental retardation or intellectual handicap (An Introduction to par.25; Mittler p.28). They have difficulties with such because of their lower mental capacity, which is deemed lower class by the society. They face issues of discrimination that they encounter when they are meet legal issues that needs to be addressed immediately. With their condition, they should be treated with consideration and sensitivity to be able to help them properly with their legal issues since they have the same human rights although they have special rights since they have disabilities that do not able them to function as well as those without disabilities (Herr p.223). Although these individuals have intellectual incapacities, they become sufficiently competent to function in the society. Another aspect that has been an issue that people with intellectual disability has is in relation to their health needs. These people have a different pattern of health needs that needs to be addressed. Another issue is the access barrier towards getting the health services they need to maintain a functional level of their systems to be able to live. Living Conditions of Intellectually Disabled Individuals Because of their intellectual handicap, these individuals tend to live within the poverty line because of limited opportunities and work capabilities. They tend to live in an environment with high stress level and inadequate living conditions that will improve their condition and increase their capacity to live normally. They tend to be excluded from the mainstream options and are placed at a disadvantage in many aspects of the society, such as employment, education and the market. They are subjects of discrimination and oppression, and this is the primary challenge of their living conditions (Braddock and Parish p.99). This results to their disadvantages in employment and education. Intellectually disabled individuals need special care and attention because they need to gain functional capabilities and competencies that will aid them in their social relations and personal development. This will enable them to perform better in social functions, like working for their own living. Projects and policies that targets normalisation of these individuals is important since they have been treated as second rate citizens because of their slow or stagnant intellectual development. The focus of policies should then be empowerment of these individuals. Policies should be careful in promoting dehumanizing policies. Government and non-government organizations should formulate policies that promote independence, coping mechanisms relating to their disabilities, allowing them to be treated with the same opportunities and choices as everyone else, and accepting and valuing what they can do for the society and for themselves. This is important since these people have lower sense of identity and confidence than those without disabilities. This is to prevent them from letting their disabilities be a hindrance to their intellectual and social development, which is important in their living functions. Research based on participant surveys indicates that the needs of the intellectually disabled individuals are more on the knowledge and provision of choices and options (Barr, et.al. p.56). Intellectually disabled individuals clamour for assistance and support in improving their living conditions and social functions. Recent policy changes focus on reducing the health risks that these people have. Different countries have revisited their policies and legislative laws regarding dealing with individuals with intellectual and mental disabilities. The United Kingdom, Canada and the United States have continuously aimed to improve the policies that would help these individuals and their families practice their human and legal rights without any issues. This was brought about by the call of the United Nations Human Rights Commission to an increased awareness and attention to the rights of people with disabilities (Rosenthal and Sundram p.467). Last May 2008, the UN Convention on the Rights of Persons with Disabilities obliges the development of community living to replace institutional care (Mansell and Beadle-Brown par.26). The State has developed a policy regarding providing welfare benefit for those who are intellectually disabled. They receive income support, same as other disabled individuals. Since they are not able to function at work the same as those who are not intellectually disabled, they are not able to work properly or do not have work at all. Without income, they will not be able to support their living. Thus, the government provided them income support to provide for their basic living needs. There is also a Disability Living Allowance and an Attendance Allowance that is given to them to provide additional support for them (Crown). This is given regardless if they working or not. Being able to gain financial support from the government definitely improved the living conditions of the intellectually disabled individuals in the sense that they have enough money to provide for their basic needs. Although this is a double-edged sword as it provides support for the individuals, it does not promote independence and empowerment. Some intellectually handicapped individuals have a tendency to rely on this financial support to live and not try to improve their conditions by trying to develop their capabilities and skills. They have lesser tendency to find work since they are already receiving financial support in many ways. This indicates a low rate of improvement on the conditions of the intellectually disabled individuals, which signifies that financial support does not entirely benefit the needs of the disabled. The Disability Discrimination Act of 1995 was created to prevent discrimination of disabled indviduals in relation to employment, provision of goods and services, education and transport (Shnit p.241). This was ammended several times in order to include duties of service providers, such as having less favourable treatment as unlawful last 1996 and providing extra help or making adjustments in dealing with disabled customers last 1999. Discrimination has been the primary challenge of intellectually disabled individuals. Although they have no latent physical incapacity, their slow intellectual development creates major challenges in their cognitive skills and competencies. The Disability Discrimination Act reduced the discrimination that disabled individuals face in their everyday life, even with just purchasing goods or services. The amendments helped in decreasing the barriers in their social relations and it increased their confidence in purchasing services and goods. The amendment also helped them in easier and faster transactions. The Disability Discrimination Act signifies that the government has learned to consider direct and indirect discrimination. Whereas older legislation focuses on indirect discrimination, a passive approach wherein the discriminated individual can take action against the one who discriminated them, the amendment of the discrimination act shifts its focus on direct discrimination and a more active stance in protecting disabled individuals against discrimination. This is directed more on increasing empowerment and support for the disabled individuals, which provides them not reliance but independence. The government has also created policies directed to giving proper education to children with learning disabilities. The Special Educational Needs and Disability Act 2001 stipulates that there should be no discrimination against intellectual disabled children and to make reasonable adjustments to accommodate the needs and reduce the access barriers of the disabled. This is to allow themselves to be given the same opportunities and choices as those who are not disabled. This indicates that although intellectually disabled individuals have a lower intellectual capacity than those who do not, they have the same rights as those who are not disabled. This empowers them even more and makes them confident of themselves increasing their will to improve and development. The Special Educational Needs and Disability Act outlines the needs of the disabled children, and how they should be treated, including the special attention and regulations that should be imposed on them. This includes unlawful discrimination against putting disabled students in a compromising or unfavourable position in admission and classes that they take. The development of this act indicates that the government aims to increase the productivity and the improvement of the disabled children in terms of their educational attainments. This increases their life chances once they get out of the school environment and face the challenges of the outside world. In terms of addressing their living conditions, the UN Convention on the Rights of Persons with Disabilities last May 2008 recommended that individuals with disabilities not be institutionalized but should be integrated in the social community. This indicates that individuals with disabilities need to be integrated into a community in order to improve their social development. Having intellectual disabilities, they have lower self-confidence and face challenges different from those who do not have disabilities. Separating them from the society or excluding them from the mainstream society will not improve their social or intellectual conditions as it prevents them from creating normal relationships that help in personal development. The focus of health care programs is on providing a personal care and a one-on-one relation with the patient. Other community health services are focused on providing them the options and the information they need regarding employment, housing and education. These programs allow the intellectual disabled better comprehension of their rights and benefits, thus, letting them fully utilize and maximize it. This is beneficial though health workers need more training in assisting intellectually disabled people (Ferguson p.61). The existing policies and legislative acts and policies have its advantages and disadvantages depending on how the intellectually disabled person and their families or caretakers understand and take advantage of their rights and benefits. Putting emphasis on the needs of the intellectually disabled individuals paves way for their social functioning and personal development. It also improves their social skills, thus, improving their social relations. By increasing their awareness and knowledge regarding their situation, benefits and rights, it answers to the call of the United Nations to empower and develop the sense of independence of the disabled. With this, they will be able to maximize their fullest potentials, and continuously find efforts to improve themselves in order to have better living conditions. Focusing amendments and policies on acknowledging and accepting intellectually, disabled people will increase their empowerment enabling them to contribute more to the society by improving their social functions. Lessening the access barriers of intellectually disabled people will also increase their involvement with the community adding more to their contribution to the society. Works Cited Barr, O., Members of the Users Council and Compass Advocacy Network. "Will Equal Lives be Achieved in Northern Ireland?" Bollard, M. Intellectual Disability and Social Inclusion. Britain: Churchill Livingstone, Elsevier Ltd., 2009. pp.43-58. Braddock, D. and S. Parish. "Social Policy Toward Intellectual Disabilities in the Nineteeth and Twentieth Centuries." eds. Herr, S., L. Gostin and H. Hongju Koh. The Human Rights of Persons with Intellectual Disabilities: Different but Equal. Oxford: Oxford University Press, 2003. pp.83-114. Crown. Directgov. Last updated 9 November 2009. Accessed 2 May 2010 . Ferguson, D. "Intellectual Disabilities with Mental Health Problems." Bollard, M. Intellectual Disability and Social Inclusion: A Critical Review. Britain: Churchill Livingstone, Elsevier Ltd., 2009. pp.59-70. Herr, S. "The Potential of Non-Discrimination Laws." eds. Herr, S., L. Gostin and H. Hongju Koh. The human rights of persons with intellectual disabilities: different but equal. Oxford: Ocford University Press, 2003. pp.203-236. Mansell, J. and J. Beadle-Brown. "Cost-effectiveness of community living for people with intellectual disabilities: an international perspective." National Disability Authority Annual Conference. Dublin, 2009. Mittler, P. "Meeting the Needs of People with an Intellectual Disability: International Perspectives." eds. Herr, S., L. Gostin and H. Hongju Koh. The Human Rights of Persons with Intellectual Disabilities: Different but Equal. Oxford: Oxford University Press, 2003. pp.25-48. n.a. "An introduction to Social Policy." n.d. Robert Gordon University. Accessed 2 May 2010 . Rosenthal, E. and C. Sundram. "Recognizing Existing Rights and Crafting New Ones: Tools for Drafting Human Rights Instruments for People with Mental Disabilities." eds. Herr, S., L. Gostin and H. Koh. The Human Rights of Persons with Intellectual Disabilities. NY: Oxford University Pres, 2003. pp.467-502. Shnit, D. "When Legislation Should Take Intellectual Disabilities into Account." eds. Herr, S., L. Gostin and L. Hongju Koh. The Human Rights of Persons with Intellectual Disabilities: Different but Equal. Oxford: Oxford University Press, 2003. pp.237-262. Read More