[brings out perennial soapbox]
What about schizzy rights? The rights of people, regardless of apparent mental condition and/or alleged “illness of the mind” (whatever the fuck that really means), to be constrained only by the same laws and rules to which everyone else is subject? In other words –
• A single standard as mechanism for determining that a person is too “out of it” to make their own decisions. Whether it’s your rich Aunt Polly who at 89 is too impaired by Alzheimer’s to manage her own affairs, or Susie the unfortunate comatose victim of botched anesthesia in the operating room, or your schizophrenic roommate Charles who starts burning all his currency because he thinks he’s Jesus Christ. And this one standard should involve an adversarial hearing in which people get to argue in favor of retaining their rights, and the burden of proof should be on those parties alleging incompetence – lest greedy nephew Percy have rich Aunt Polly locked up so he can have at her resources. And there should be a built-in reversability, such that any person who was previously incompetent but recovers can easily demonstrate nonimpaired decision-making capacity and invalidate any guardianship arrangements.
• Outside of the mechanisms of that single standard, no forced treatment and no involuntary incarceration for bipolar people, schizophrenics, depressives, or bearers of other psychiatric labels. Or anyone else who has not committed an arrestible crime.
We’re just the “differently minded” among you, dig?
And some of us really like the way we are and do not want to be “cured”.
comments on other nominations –
re: paedophilia, the tone of the argument may nominally be “the right of children to their own sexuality”, but the underlying focus is pretty transparently “the right of paedophilic adults to have sex with children”. If we’re going to enact children’s right to consent to sex, it would have to be part of a larger package of children’s liberation in general (otherwise the power differential makes consent problematic. it probably unavoidably is anyhow, but if it were ever not to be, children’s sexual lib couldn’t be granted without children’s general emancipation, which in turn would require reshaping laws that apply to every emancipated person). The first place I would expect any widespread acceptance of children’s rights to their own sexuality would be with each other, i.e., with someone within 85% of their own age. And since it would be damnably hard to weed out incidental adult participation (encouragement, facilitation, etc) or adult prurient interests, probably even that would pretty much necessitate a general children’s liberation. Effectively the end of the legal status of “childhood”.
re: incest, if we’re talking about adult brother-sister or cousin-cousin, I could see legal barriers to this falling pretty quickly and suddenly. With the exception of genetic risks w/regards to reproduction, it’s a victimless “crime” and there’s no justifiable reason to prohibit it. As for parent-child incest, I’m under the impression that most of it originated in paedophilia (so see above) – can anyone name or reference a case where adult child and their parent became romantically involved without prior sexual-romantic connections that started back when the child was a child?