DREDF Responds to "Ashley Treatment"
- Modify the System not the Person
"Benevolence" and "good intentions" have often had disastrous
consequences for the disability community. Throughout history,
"for their own good" has motivated and justified discrimination
against us. The recent story about nine-year old Ashley, a child
with severe disabilities, exemplifies this problem. When she was
six, Ashley's parents requested that their daughter be treated
with medications (large doses of estrogen) to halt her physical
growth, and with surgeries to remove her breasts and uterus.
These interventions were undertaken at the Children's Hospital of
the University of Washington, School of Medicine in Seattle,
after consultations with the medical center's ethics committee.
An article about the case appeared in the October 2006 issue
of Archives of Pediatrics and Adolescent Medicine (160:1077-1078)
and MSNBC first reported the story on November 1, 2006. Ashley
is now nine years old, with an expected final height of 4'5" and
a weight of 75 pounds. The physicians involved with Ashley's care
have expressed the opinion that she will never achieve a cognitive
level greater than that of a three-month old. Ashley's parents,
who call her their "Pillow Angel" (see their blog at
http://ashleytreatment.spaces.live.com/blog/), argue that
they can care for her more easily if she remains permanently
small, and that she as well as they will benefit from these
medical interventions. The case was reported by the Los Angeles
Times, the Associated Press, CNN, and many other media outlets on
January 4, and it has since raised a firestorm of debate.
We deeply empathize with parents who face difficult issues raising
children with significant physical and intellectual disabilities.
However, we hold as non-negotiable the principle that personal and
physical autonomy of all people with disabilities be regarded as
sacrosanct. For decades, parents, families, and the disability
community have been fighting for this principle, and for
community-based services for children and adults that make it
a reality. Their advocacy led to enactment of state and federal
laws in the 1970s that establish extensive rights to full
personhood for children and adults with disabilities. These laws
were passed to remedy our shameful history of abuse and
mistreatment of people just like Ashley.
As parents and adults with disabilities, our experience
demonstrates unequivocally that all people with disabilities can
be an integral part of home and community, if needed help and
support is available. It is not always easy to find home care
workers who are competent and empathetic. Too often, we must fight
to persuade social service and healthcare bureaucracies that help
at home and appropriate equipment such as adapted wheelchairs and
mechanical lifts are essential and fundamental to our autonomy.
However, if these problems seem insurmountable, or cannot as a
practical matter be surmounted, as Ashley's parents suggest, then
it is all our duty to change the system so it works rather than
find novel ways to modify people so that they will more easily
"fit" a flawed system.
Where, we wonder, was the network of programs and services that
exist in every state when Ashley's family decided the best option
was to employ medical procedures that violated their daughter's
autonomy and personhood? Were other families whose children have
disabilities like Ashley's asked to talk about their experiences
and how they solved problems as their children grew to adulthood?
Where were the social workers and advocates who should be
providing alternative perspectives? Why did the system fail this
family and their daughter? That, it seems to us, is a fundamental
question.
Beyond these apparent institutional failures, the conduct of
Ashley's physicians and the ethics committee's decision in this
tragic story should be widely questioned - there are future
implications for other families and their children who have
significant impairments. We rely on healthcare professionals to
alleviate pain and suffering and maintain functionality, not
decide when someone is worthy of holding human rights. After
decades of struggle to enshrine the human rights of people with
disabilities in law and policy and to challenge the overwhelming
prejudice, negative attitudes, and misperceptions that are widely
held about people with intellectual disabilities, this sad and
puzzling episode must not mark a turning point for those hard-won
gains.
It is ironic in light of this story that the United Nations
General Assembly recently adopted the first convention of the
twenty-first century - the Convention on the Protection and
Promotion of the Rights and Dignity of Persons with Disabilities.
Recognizing that the rights of people with disabilities to
autonomy and personhood are still violated by many nations around
the world, Article 17 of the Convention, entitled "Protecting the
integrity of the person," reads, "Every person with disabilities
has a right to respect for his or her physical and mental
integrity on an equal basis with others." In our view, Ashley has
been denied her basic human rights through draconian interventions
to her person.
Source: Disability Rights Education and Defense Fund
http://www.dredf.org________________________________________________________________
For more Bioethical news issues, see:
http://www.aapd.com/News/bioethics/indexbioethics.php# # #
DISCLAIMER: The JFA Listserv is designed to share information
of interest to people with disabilities and promote dialogue
in the disability community. Information circulated does not
necessarily express the views of AAPD. The JFA Listserv is
non-partisan.
JFA ARCHIVES: All JFA postings from 1995 to present are
available at:
http://www.jfanow.org/jfanow/MODERATOR, Anne Sommers, JUSTICE FOR ALL -- A Service of
the American Association of People with Disabilities. To
contact Anne, please email her at JFAmoderator@aol.com.
JOIN AAPD! There's strength in numbers! Be a part of a national
coalition of people with disabilities and join AAPD today at
http://www.aapd.com. Justice-For-All FREE Subscriptions
To subscribe or unsubscribe,
send an email to majordomo@JFAnow.org
with subscribe justice OR unsubscribe justice
in the body of your email message.