RESUMO
Capacity assessment is of significant priority for medical treatment and clinical research invol-ving mental disorder patients,as to protect an individual's fundamental rights.Clinical judgment of individual's ca-pacity to consent most focus on medical situation,well-designed capacity assessment instruments should be used to support experienced clinical judgment.Capacity to consent can be adequately captured by measuring the constructs of understanding,appreciation,reasoning and communicating /expressing a choice.A large number of instruments designed by foreign developers to assess capacity to consent need validation and implementation in China,the in-strument designed by Chinese researchers has not been widely agreed.Establishing an effective capacity assessment instrument with psychometric properties (validity and reliability),which considering the clinical practice and culture background in china would be a breakthrough in methodology.
RESUMO
An orphan, mentally retarded woman, above 18 years age, when suffered pregnancy as a result of rape posses a serious challenge before the Chandigarh Administration on the issue of MTP. Law on abortion in India as per the MTP Act, 1971, (Amendment 2002) prohibits MTP without consent, if the woman is above 18 years of age. Several subject-experts to contend that with the advancement of Medical Science, universal recognition of the Fundamental Rights of the mentally retarded persons, recent theory of mixing them in the main social stream instead of barricading at a secluded place. The legislative transformation has also taken place whereby purposefully and knowingly, the competence to give consent for MTP in the cases of mentally ill pregnant woman on one hand and mentally retarded pregnant woman on the other hand, has now been distinguished. A critical review of prolife and prochoice support for abortion, statutory provisions in India and abroad, views of Hon’ble Court are discussed in detail. Paper tried to raise the debate for policy makers, higher judiciary and medical fraternity especially dealing with MTP.
RESUMO
@# It is necessary to improve the level of the inter-disciplinary teamwork,since the intellectual disability are living in a complicated circumstances.When the policy makers are working,they should consider the suggestion of psychologists and the situation that the service users and their relatives are facing.It is also important and practical for us to provide the assessment to the disability capacity to consent and decide.