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Wishes of Sophie and Luis

Is it possible for Luis and Sophie to live together and marry?

How should Luis and Sophie be sexually educated?

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What Questions arise?

Concerns of Sophie’s mom/Betreuer

Is it possible to prevent contact / pregnancy as a Betreuer?

Under which circumstances is sterilization an option?

Which contraceptive methods could be a less invasive alternative?

What are the options of parenthood / childcare for Sophie and Luis?

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Down Syndrome

Situation of people with Down Syndrome in Taiwan & Germany Living arrangements & marriage

Communication & supported decision making Sterilisation

Sex Education Parenthood & Childcare References

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Combination of mental retardation & physical malformations in varying degrees and severity People with Down Syndrome tend to be born with other diseases, such as:

•heart defects

•poor immune function

•epilepsy

•higher chance of dementia

Taiwan

•~ 30.000 people with Down syndrome

•primarily grow up & live with own families (instead of in institutions)

•majority of people with Down syndrome now in Taiwan are of middle or old age

•Reason: they were born before the

Amniocentesis became widely accepted

•primarily work in factories / shops for people with Down syndrome

•almost impossible to work in normal workplace

Germany - 2014/2016

•50.000 people with Down syndrome

•60 % of people with intellectual disabilities live with parents or relatives

•alternative: residential institutions for the disabled

•Only a few live on their own with personal assistance or independently

•about 700 workshops for people with disabilities

•~ 70 % employees have an intellectual

disability

•Less than one percent of people with down syndrome work in the first labor market

Taiwan

Guardianship Civil Code

Art. 1112 When enforcing guardianship relating to the ward’s life, treatment, and financial management, the guardian shall respect the ward’s intent.

→lack of legal capacity

Assistance

Civil Code

Art. 15-2 A person under assistance must obtain the consent of his/her assistant if he/she intends to perform any of the following acts; provided, however, that, this shall not apply to any act relating to pure legal benefit or the necessity based on the person’s age, status, and daily life

→person under assistance can ask for permission in court, when consent is not given by assistant

Germany

§ 1901 Civil Code

(2)The Betreuer shall attend to the affairs of the person being cared for in such a way as is in his or her best interests. The welfare of the person being cared for also includes the possibility of shaping his or her life according to his or her own wishes and ideas within the scope of his or her abilities.

(3)The Betreuer shall comply with the wishes of the person in care insofar as this is not contrary to his or her best interests and is reasonable for the guardian. This shall also apply to wishes expressed by the person under care prior to the appointment of the Betreuer, unless it is evident that he does not wish to adhere to these wishes. Before the

Betreuer deals with important matters, he/she shall discuss them with the person under guardianship, provided this does not run counter to his/her best interests.

Yee-San Teoh, Communicating with People with Intellectual Disabilities.

-formulate questions in their language

-listen, respond, and ask questions to confirm if you understand correctly

Taiwan

•living with family

•living in facilities (for people with mental disabilities):

•private facilities with subsidy

•private facilities without subsidy (Long-Fa Hall)

•religious institutions

Germany

•living with family

•living on their own

•inpatient facilities or outpatient

support (Caritas Deutschland, 2021)

•individual design of possible offers of assistance

•Social welfare agency assumes living costs

•clients are taken into account from a certain income level

Taiwan

§982 Civil Code: A marriage shall be effected in writing, which requires the signatures of at least two witnesses, and by the registration at the Household Administration Bureau.

•Whether a person under guardianship or assistance is capable of entering a marriage legally is controversial under the current Civil Code.

•Guardianship: subject lacks legal capacity

•Assistance: requires assistant’s consent for

certain legal actions (does not include marriage, §15-2)

•The Civil Code’s restriction on the subject’s expression of intent and juridical acts should not extend to actions and decisions core to the dignity of a human being, such as marriage.

Germany

§1304 Civil Code: a person who is legally incapable cannot enter into marriage

•Establishment of a Betreuer does not affect the legal capacity

•Person under guardianship is capable of entering into marriage depending on his or her natural legal capacity within the meaning of § 104 No. 2 of the Civil Code

•Marriage is a highly personal legal transaction in which the Betreuer cannot, in principle, represent the person under guardianship

•A reservation of consent cannot relate to marriage, § 1903(2) Civil Code

Taiwan

childcare support for disabled parents

•Long-term home care: does not extend to childcare

•Long-term medical care: does not extend to children of the disabled

•Facility support for Disabled:

•Inadequate for disabled parents

•Focused on specific physical disabilities

(郭惠瑜，她們不配當媽媽？──被遺忘的身心障礙女性家庭照顧者

，2017/05/14，https://www.twreporter.org/a/opinion-disabled-women-

Germany

•special projects in Germany for outpatient or inpatient "accompanied parenthood", depending on the need for help

•But these are exceptions: the social framework conditions for intellectual disabled parents are not present to a sufficient extent

(cf. pro familia 2011, p.15)

•e.g. Pilot project in NRW, for parents with disabilities or those who want to become one: ‘Assisted parenting’

A prohibition of contact between Sophie and Luis is not an

option.