INTRODUCTION:
The convergence of cognitive ability and parental rights presents a very complex dilemma which requires close ethical scrutiny. Social norms and legal frameworks often emphasise some specific requirements to protect the best interest of children but these requirements create a bias against those who have less than average mental capabilities. These situations give rise to profound concern about human rights, human equality, and recognising effective parenting. This is a matter which has been observed in many cases. The sterilization of Carrie Buck in 1927[1], where the eugenic policies stripped individuals with intellectual disabilities of their reproductive rights and it raises serious ethical questions. In the United Kingdom, there have been so many disturbing cases where individuals were labelled as “unfit” to parent and it led to the removal of their children. Critics argue that such moves overlook the mechanisms in place already and do not take into account the differences in abilities for parenting. There is a need to ensure that people no matter their perceived limitations have the opportunity to parent with adequate support instead of being labelled incompetent. Advocates of more stringent laws argue that there are cases that are so disturbing in terms of safety and developmental welfare being compromised due to neglect or maltreatment resulting from inadequate parental capabilities. Such cases show the hard balance between the protection of children and the protection of reproductive rights, thus prompting the need for ethical, legal, and social debates that should be addressed right away.
HUMAN RIGHTS AND LEGAL OUTLOOK:
According to the law, parenthood is an essential human right and is protected at the international level. Everyone has the right to get married and have a family because, according to the Universal Declaration of Human Rights which is also known as UDHR, the family is the natural and social structure. This acknowledgement plays a crucial role in building up strong communities and preserving the dignity of all people.
As much as the right to parental authority is important, its exercise is subject to restrictions. Children’s interests need to be protected and thus, government interference is warranted. However, finding the right balance between children’s protection and parental rights is one of the most complex legal issues. However, it should be noted that sometimes sanctions are associated with discrimination since they affect certain segments of the population, mainly people with disabilities, poor people, and the uneducated it is very much unfair and it needs to be pointed out or addressed so that all families are treated equally.
Individuals with intellectual disabilities are often involved in many cases of termination of their rights to be a parent. These are usually justified under the presupposition of protecting the child from the dangers that the other parent may pose. The problem of protecting children from potential harm is certainly a serious issue; however, it should be noted that such judicial decisions are usually based on unfounded beliefs about what constitutes appropriate parenting. Moreover, there is a lot of vagueness in the legal system regarding the concepts of parenting, as well as in the conceptualization and social treatment of equality for parents with intellectual disabilities. In light of the above, with the reference framework as The Convention on the Rights of Persons with Disabilities, Article 12[2], the paper proposes two possible alternatives not aligned with the all-or-nothing approach which had previously been established about the issues related to termination. First, this consists of restricted terminations resembling a form of limited guardianship; second, it consists of supported parenting founded upon supported decision-making principles. The CRPD clearly points out that aid can be rendered with maximum respect for the autonomy of persons.[3]
THE ROLE OF THE SUPPORT SYSTEMS:
One of the important aspects of this debate is the role that social welfare plays. Any individual can perform better than expected as a parent if they possess below-average IQ given that proper aid is provided. We can enable these parents to tackle challenges effectively and take care of their children’s interests by establishing strong parenting programs, delivering in-home support, and facilitating access to mental health programs. Such interventions deserve an investment as a means to building resilient families and developing our children’s prospects.
A 66-year-old applicant who wanted to terminate the pregnancy of his 27-year-old adoptive daughter was harshly denounced by the Bombay High Court. The daughter, whose IQ has been rated as subnormal, is more than 20 weeks into her pregnancy. Significantly, the applicant to whom the abortion is being proposed has flatly refused to give her consent for the termination procedure. A medical board has found the foetus to be normal. The Bench of Justice Ravindra V Ghuge and Justice Rajesh S Patil today observed that the expecting mother has not been legally declared as mentally ill or mentally retarded and it was only a borderline case of intellectual functioning.[4]
CONTEMPORARY CASES: BALANCING RIGHTS AND DUTIES
The obvious and flagrant practices that have been associated with eugenics in modern society have, by and large, been replaced with approaches that are much less apparent, though certainly still subject to considerable debate and controversy. It is for these reasons that judges and child welfare officials often face challenges in determining whether individuals who may have intellectual disabilities or who otherwise exhibit lower levels of intelligence possess the necessary capabilities to adequately care for and raise their children. Such important and critical decisions are, in most instances, based upon comprehensive and carefully detailed assessments of a parent’s ability to provide not only a safe and secure environment for his or her offspring but also to provide essential emotional support along with assistance that is vital for the child’s general development and growth.
A notable case in the UK was that of a devoted mother who had low levels of intellectual functioning but loved her children dearly. However, when social services took an interest in her child, she fought all the way in court. Ultimately, the court ruled that because of her intellectual deficits, she was incapable of fulfilling the developmental needs of her child. The opponents of the verdict believe with proper care and material support, most intellectually disabled parents are well-equipped to take care of their children and advance their development. The proponents argue that at times, the best interests of the child may override or even be in conflict with the rights of parents. This discord is in turn an indication of how dire the need is for a middle ground that can respect the holistic care offered by parents but at the same time, protect the well-being of at-risk children. As such, ethicists call out child-specific considerations for each context, rather than framing a single rule to assess potential parents’ abilities. Parenting roles have their share of intelligence, but this is just one of the many facets. Other characteristics such as kindness, which entails understanding and experiencing other people’s emotions, the ability to deal with adversity, and seeking assistance, when necessary, are essential to effective parenting. Community resources, support from extended family, and assistance from social services are also important.
CONCLUSION:
The question of parental rights in people with subpar average IQ is quite a sensitive topic that requires deep inquisition. The past tells us about the damaging results that stem from legislation that discriminates against certain sections of the population on the basis of their intelligence as well. These policies also result in an unfair amount of abuse and discrimination which simply showcases the injustice of these policies in the first place. There are countless examples in today’s society that talk about real-life implications that due to an impulse in ethical policies resulted in issues for children and current day parents. Simply, how does one protect the rights of individuals or parents while not outstretching their limits if those parents are deemed wrong for society? It naturally is tricky but a targeted set of initiatives that are objective and allow parents to showcase their abilities with ease if merged with compassion can help us achieve this goal. Additionally, intelligence shouldn’t be the factor in preventing love,, care, compassion or, truly anything a parent can give to a child, if anything there shouldn’t be a bar for a child to thrive in a loving compassionate environment. Every child should have the right to receive love as every parent should have the right to nurture.
Author(s) Name: Esha Singh (University of Engineering and Management, Kolkata)
References:
[1]Buck v. Bell, (1927) 274 U.S.200
[2] Article 12 – Equal recognition before the law, United Nations
[3] Leslie Francis, “MAINTAINING THE LEGAL STATUS OF PEOPLE WITH INTELLECTUAL DISABILITIES AS PARENTS: THE ADA AND THE CRPD” (NLM, 26 March 2021) < https://pmc.ncbi.nim.nih.gov/articles/PMC7996394/ >accessed 8 January 2025
[4]Sahyaja MS ‘Does woman with below average intelligence have no right to be a mother? Bombay High Court asks’ (Bar and Bench, 08 Jan 2025) <https://www.barandbench.com/news/does-woman-below-average-intelligence-no-right-mother-bombay-high-court-asks > accessed 9 January 2025
