Law & Legal Studies

Reproductive Justice and Ethics of Consent in Assisted Living Facilities for Disabled People

Reproductive Justice and Ethics of Consent in Assisted Living Facilities for Disabled People

The chapter concludes that as long-term social care facilities emerge in India, the ethics of consent and reproductive rights should be negotiated as dynamic domains within assisted living facilities to push the boundaries of social justice in India.

Author

Keerty Nakray, Professor, Jindal Global Law School, O. P. Jindal Global University, Sonipat, Haryana, India.

Summary

Disability is a multi-faceted social problem marked by health morbidities conjuring difficult ethical questions. This chapter investigates the ethical dilemmas of consent in long-term social care in assisted living settings for severely intellectually disabled people in India. It examines the notions of network consent in various reproductive choices undertaken in assisted living settings.

Within social care studies, consent is often enmeshed in medicalised bureaucratic processes, and often missing is consent as an essential expression of self. Drawing on intellectual traditions of critical disability studies, the chapter argues that the severely intellectually disabled are subjected to erotic segregation, along with their carers suffering from stigma and discrimination.

The chapter concludes that as long-term social care facilities emerge in India, the ethics of consent and reproductive rights should be negotiated as dynamic domains within assisted living facilities to push the boundaries of social justice in India.

Published in: Justice in Global Health, First Published 2023, Routledge.

To read the full chapter, please click here.