This chapter explores the risk to the human rights of autistic people, specifically those experiencing concerning behaviours and in receipt of professional support. We will see how human rights happen in the ‘small places’, in the everyday decisions regarding how people are supported. Autistic people experiencing concerning behaviours are at risk of having their rights arbitrarily restricted, without the due process available to the general population. Emphasising consent and an individual’s will and preferences expressed through their assent, we show how behaviour analysis can provide assent-based methods that meet a person’s needs. We propose that behaviour analytic supports are reasonable accommodations that identify and seek to remove barriers to inclusion. While acknowledging the reality that people with significant support needs face restrictions due to balancing their rights with the rights of others, we explore how human rights-based due process can be embedded in organisational and policy frameworks. Arguing that while this is good practice in the short term, people experiencing these concerns need access to justice on an equal basis with others and, therefore, any process that restricts rights should become statutory. Behaviour analysis is uniquely positioned to provide robust outcome measures to inform due process. This approach underscores the necessity of realising equality before the law for all people regardless of their support needs.

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Reducing the Risk of Rights Restrictions for Autistic People Experiencing Behaviours of Concern

  • Alan Tennyson,
  • Ciara Maye

摘要

This chapter explores the risk to the human rights of autistic people, specifically those experiencing concerning behaviours and in receipt of professional support. We will see how human rights happen in the ‘small places’, in the everyday decisions regarding how people are supported. Autistic people experiencing concerning behaviours are at risk of having their rights arbitrarily restricted, without the due process available to the general population. Emphasising consent and an individual’s will and preferences expressed through their assent, we show how behaviour analysis can provide assent-based methods that meet a person’s needs. We propose that behaviour analytic supports are reasonable accommodations that identify and seek to remove barriers to inclusion. While acknowledging the reality that people with significant support needs face restrictions due to balancing their rights with the rights of others, we explore how human rights-based due process can be embedded in organisational and policy frameworks. Arguing that while this is good practice in the short term, people experiencing these concerns need access to justice on an equal basis with others and, therefore, any process that restricts rights should become statutory. Behaviour analysis is uniquely positioned to provide robust outcome measures to inform due process. This approach underscores the necessity of realising equality before the law for all people regardless of their support needs.