On The Protection And Limitation Of The Reproduction Rights Of People With Mental Retardation

The author applies methods of history investigation, worth analysis and substantial evidence analyze to research how we can protect and restrict reproduction rights of people with mental retardation.Reproduction rights of people with mental retardation faces morals difficulty, which reproduction of people should be responsible and the deprival of reproduction rights of people with mental retardation proved to be unreasonable both on moral and law. So the law should confirm that people with mental retardation should have rights of reproduction which should be limited.Because of the special physiology condition, people with mental retardation deciding to have their children by all means conflict in various benefits, so it should follow a special principle to protect and limit reproduction rights of people with mental retardation.The basic principles of protection of reproduction rights of people with mental retardation include: reproduction rights of people with mental retardation should not be deprived, principle of informed consent, principle of procedure justice. The basic rules of protection of Reproduction rights of people with mental retardation include: matrimony chose by people with mental retardation should be reasonable, reproduction chose independently by people with mental retardation should be reasonable, decisions made by other people should be justifiable.Restriction on reproduction rights of people with mental retardation should follow the following rules: obliged sterilization for people with serious mental retardation should be permitted, should have full medical evidences, should accord with principles of no harm and their benefits, the final decisions should be made by the courts.