I would like to clarify an issue from my earlier post on
autism rights. I argued that the concept of rights, by definition would only apply to those on the higher end of the autism spectrum:
Any discussion of rights, by definition, only applies to people who have reached a certain base-line of intellectual self-sufficiency. So autism rights, by definition, only apply to autistics on the higher end of the spectrum. If you are capable of reading this piece and understand what I am saying then you can rest assure that you pass the threshold. A completely different discourse would be needed for those on the lower end of the spectrum, one based on care and charity.
This statement has caused offense to a number of people and I apologize for that. Part of the problem is that I am proceeding from a very different understanding of rights which causes me to use the word “right” in a different fashion from that of other people. Most people, coming from the perspective of modern liberalism, use rights in a very open-ended fashion. Rights are supposed to make someone human, they are meant to grant people meaning in their lives and solve their problems. For example, if homosexuals find themselves unable to marry their partners they are being robbed of some right. Or if blacks are unable to advance in the same proportion as other groups it must be because some right has been violated.
For me, rights are something more specific. When I think of rights I think of life, liberty, and property. An extension of these rights, and a necessary protection for them, is the ability to take part in government. By this I mean the right to engage in such actions as running for political office, voting in elections, taking part in the justice system by serving on a jury, and serving in the military. To safeguard all of these things we possess civil rights as weapons in our arsenal. There are two particularly important ones that should be mentioned. First, there is our freedom of speech, which protects us on a day-to-day basis. Second, of greater importance though more for extreme situations, there is the right to bear arms. Private citizens have the constitutional right to possess the sort of firearms necessary to wage, if need be, an armed insurrection against the government.
The right to life belongs to all human beings no matter their mental capability. This right, while important, is, for the most part, outside of our political discourse. I have not heard anyone suggest that people on the autism spectrum be put into cattle cars and shipped off to gas chambers. Furthermore, this right is passive; it does not allow you to engage in anything proactive. Other people are not allowed to murder autistics, but what can autistics do?
There is the issue of the long-term elimination of autistics in the event that a genetic test can be designed for fetuses. For those who view rights as something that belongs to groups, this becomes a right to life issue. I view rights as something that belongs to individuals and I believe that fetuses do not count as human beings, certainly for the purpose of having rights. Because of this, I recognize that we do not have any means, through the government, to stop mothers from aborting autistic fetuses. All we can do is wage a social campaign to convince people to not abort autistic fetuses. I have a friend who point-blank told me that she would abort a child that she knew was going to be autistic. She would not object to having an Asperger child like me, but she grew up with a traditionally autistic sister and she would not wish to go through that experience as a parent. I can challenge this friend whether she can say she really loves her sister; if she really loved her sister she would rather have gone through all the difficulties she had than not have had the sister at all. I suspect this will be a losing battle and we may, as tragic as it may be, see the elimination of autism. I support personal autonomy and I am willing to fall on my sword to protect this ideal; this is what it means to be an idealist.
Moving away from the right to life, we are left with the rights of liberty, property, participation in government, and civil rights. In a sense, liberty is passive; you are protected from being wrongfully imprisoned. That being said it also includes the active right to make decisions in one’s life, to pursue one’s own good in one’s own way as long as one does not interfere with the liberties of others. The moment you bring active rights into play you have to consider who has the mental capacity to pursue such rights. J. S. Mill said point-blank, at the beginning of
On Liberty, that nothing he was about to say was meant to apply to children, the mentally handicapped, and, for argument's sake, savages living outside of civilization.
When I was a child, as much as I thought it was unjust, my parents ran right over my “rights” to not bathe, stay home from school, stay up beyond their arbitrary bedtime and not eat my vegetables. They even spanked me and put me in time out without the benefit of a trial by my peers. (While this may sound childish, I was the sort of child with the political awareness to try for such a constitutional approach.) So should autistics have the liberty to make personal decisions in their lives like whether they should be institutionalized, allowed to live at home or by themselves? My answer is that it depends on the ability of the individual autistic. I am an adult and I have the mental ability to understand and make decisions regarding my liberty and others can understand what these decisions are. As such, I should have the right to exercise these liberties and my decisions about my personal liberties should be respected. If my parents wished to commit me to an institution or force me to come home and the government went along with this it would be a wrongful violation of my liberty. My parents would not be able to use the argument that I am an Asperger since that is a legitimate mode of thinking; nor could they argue that I do not eat enough vegetables, go to bed at an early enough hour or use language that they did not approve of as these would also be legitimate lifestyle choices. Now there are people on the autistic spectrum, even many adults, who are not capable of making such decisions. Such people cannot in any meaningful sense be said to possess liberty and should be left to the care of their legal guardians.
The same applies to the higher rights such as participation in government and civil liberties. All of these things, as active liberties, require that an individual has the mental capacity to make a meaningful decision. It is not even enough that a person says the words, there has to be some sort of intent behind them. Furthermore, those intentions must, by some means, be able to be communicated to society at large. A person who cannot do this is doomed to being a ward of society, without the ability to take on the role of full citizens.
A useful example is that of the deaf. Today it would sound completely ludicrous to say that a deaf person cannot be a CEO of a company, and serve in the military. (There may be restrictions about on the deaf serving though I doubt they would stand up against a determined lobbying effort particularly if resources were offered to get around the disability.) Who would object to a deaf person becoming the president of the United States? That being said, in the nineteenth century there were few resources available for deaf people and society lacked the ability to effectively educate them. For all intents and purposes, this doomed the deaf to a lifetime of being wards of society, of little use to anyone, and unable to take on the role of active citizens with all the rights that it entails. Now, because of advances in technology and in education, the deaf are capable, just like everyone else, of being active citizens and society has been blessed with this beautiful new deaf culture arising in its midst.
I see the same thing for the autistic community. Right now, there are many autistics, particularly at the "higher end of the spectrum," perfectly capable of being fully active citizens. It is important that such people be supported and that they are allowed to fully take advantage of their rights to make personal decisions, to handle property, to take an active role in government, and to use their civil liberties. That being said, there are many on the autism spectrum, particularly on the "lower end of the spectrum," who do not have this ability. For such people, it is meaningless to talk about them having rights. This is not to say that they should be thrown to the wolves or refused medical care. They are wards of society and must be cared for as such. I hope that with further improvements in technology and education we will find more and more people on the autism spectrum with the ability to take on the role of citizens and will no longer be wards of society. This will make for a stronger and more vibrant autistic community and will benefit society at large.