Legal and Ethical Concerns Regarding Autism Spectrum Disorder

Autism Spectrum Disorder

            There are legal and ethical concerns associated with autism spectrum disorder. Both legal and ethical concerns effect the individual with ASD, their family, environment, and overall society. Potential legal and ethical concerns should be considered when working with individuals with disabilities, specifically autism spectrum disorder. 

Legal and Ethical Concerns 

            Legal concerns associated with ASD consist of deficiencies in law enforcement agencies training including how to recognize and approach individuals with autism spectrum disorder (Teagardin et al., 2012). Common symptoms of ASD including deficiencies in social interactions and challenging negative behaviors consisting of aggression/ self-harm, may be viewed as combative by law enforcement officers (Laan et al., 2013). Other concerns include the ability for individuals with ASD to recognize law enforcement officers and their uniforms including the expected social interactive way to engage with law officers (Laan et al., 2013). According to research, symptoms associated with ASD may increase interaction with law enforcement as suspects, victims, or bystanders yet many agencies do not sufficiently provide training in interacting with individuals with disabilities (Laan et al., 2013). Therefore, education for law enforcement officers should include sufficient and specific training on how to approach individuals with disabilities and increase awareness of potential challenges (Laan et al., 2013). 

            Ethical concerns associated with autism spectrum disorder include the identity of individuals. Research has shown that there are conflicting views on if ASD should be viewed as a disability or as a part of an individual’s character (Hens et al., 2019). This presents additional ethical concerns regarding if autism spectrum disorder requires a medical diagnosis or can be self-identified as a characteristic (Hens et al., 2019). Further ethical concerns include the treatment of ASD and conflicting views on if autism spectrum disorder requires treatment and how treatment is approached (Hens et al., 2019). Applied behavioral analysis therapy is often utilized in interventions to change/ alter undesired behaviors as observed by society and societal norms including reoccurring behaviors in individuals with autism spectrum disorder (Hens et al., 2019). Due to there not being a definitive cause of autism spectrum disorder there are ethical concerns determining whether ASD should be determined as a disorder or an identity and therefore if treatment/ interventions should focus on changing presented symptoms based on societal perceptions (Hens et al., 2019). 

Sufficiency of the Americans with Disabilities Act

            The Americans with Disabilities Act aims to facilitate equal opportunities for individuals with disabilities. Despite efforts made in increasing opportunities to receive employment, increased access to services, community adjustments/ access, and transportation access challenges are still prevalent for individuals with disabilities (Minich, 2016). Studies have shown that individuals with disabilities including individuals with autism spectrum disorder are still employed at a third of the rate of individuals without disabilities (Minich, 2016). When individuals with disabilities receive secure employment, they are liable to lose medical services in addition to not having equal access to transportation and funded caregiving services (Minich, 2016). Thus, this displays a need to go beyond the current letter of the law regarding ADA regulations. 

 Spirit of the Law 

            The spirit of law encourages going beyond the legal requirements in policies. The progression of surpassing the minimum regulations in the Americans with Disabilities Act regarding employment for individuals with disabilities have faced challenges (Gould et al., 2015). Low employment rates and discrimination of individuals with disabilities are still present in employment practices (Gould et al., 2015). Societal intents encompassed in the ADA encouraging going beyond the letter of the law regarding equal employment opportunities have been realized (Gould et al., 2015). 

Impact on Family, Environment, and Society

            Legal and ethical concerns negatively impact individuals with autism spectrum disorder as well as family/ friends of individuals with autism spectrum disorder and society overall.  Legal and ethical concerns regarding individuals with autism spectrum disorder have been shown to increase stress of family members/ caregivers of individuals with ASD (Costa et al., 2017). Challenges associated with autism spectrum disorder including legal and ethical concerns impact society overall regarding public health/ safety, identity concerns, and overall equal opportunities for all individuals. Therefore, it is essential for these challenges to be addressed and considered when advocating for individuals with disabilities, specifically individuals with autism spectrum disorder. 

 

 References

Costa, A. P., Steffgen, G., & Ferring, D. (2017). Contributors to well-being and stress in parents of children with autism spectrum disorder. Research in Autism Spectrum Disorders, 37, 61-72. https://doi.org/10.1016/j.rasd.2017.01.007

Gould, R., Harris, S. P., Caldwell, K., Fujiura, G., Jones, R., Ojok, P., & Enriquez, K. P. (2015). Beyond the law: a review of knowledge, attitudes and perceptions in ADA employment research. Disability Studies Quarterly, 35(3). https://doi.org/10.18061/dsq.v35i3.4935

Hens, K., Robeyns, I., & Schaubroeck, K. (2019). The ethics of autism. Philosophy Compass, 14(1), e12559. https://doi.org/10.1111/phc3.12559

Laan, J. M., Ingram, R. V., & Glidden, M. D. (2013). LAW ENFORCEMENT TRAINING ON MENTAL DISORDERS AND AUTISM SPECTRUM DISORDERS IN THE SOUTHEASTERN UNITED STATES. Journal of Global Intelligence & Policy, 6(10).

Minich, J. A. (2016). Enabling whom? Critical disability studies now. Lateral, 5(1).

Teagardin, J., Dixon, D. R., Smith, M. N., & Granpeesheh, D. (2012). Randomized trial of law enforcement training on autism spectrum disorders. Research in Autism Spectrum Disorders, 6(3), 1113-1118. https://doi.org/10.1016/j.rasd.2012.02.002