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Disabled Rights

People with disabilities have the same right to information about sexual health and relationships as everyone else. This should be provided in a format suitable to their needs.  Information should help them to make informed choices and take any action that their decisions might involve.

Education about sexuality, sexual development, safer sex and support around issues of communication, self-image, self-esteem, relationships, and boundaries should be available for every disabled person.

For more on these issues see our section on Sexual Health, Relationships and Disability.

The Law is the same for most people with disabilities as it is for everyone else. There are very few instances where the law permits the limiting of this or any other right. These limits are defined through the Adults With Incapacity (Scotland) Act 2000 and the Mental Health (Care and Treatment) (Scotland) Act 2003. The law of Scotland generally presumes that adults are legally capable of making personal decisions for themselves and managing their own affairs and this can only be overturned on evidence of impaired capacity. Under Adults With Incapacity (Scotland) Act anything that is done on behalf of an adult with incapacity will have to:

  • Benefit him or her.
  • Take account of the person's wishes.
  • Take account of the wishes of his or her nearest relative, carer, guardian or attorney.
  • Be necessary, achieve the desired purpose without unduly limiting the person's freedom.
  • Encourage the adult to exercise what skills he or she has and to develop new skills.