1852                             Joint Resolutions

No. 50
(Senate Joint Resolution 32)

Senate Joint Resolution expressing the general and special rights of
mentally retarded persons.

Whereas, The universal declaration of human rights, adopted by
the United Nations, proclaims that all of the human family, without
distinction of any kind, have equal and inalienable rights of human
dignity and freedom; and

Whereas, The declaration of the rights of the child, adopted by
the United Nations, proclaims the rights of the physically, mentally
or socially handicapped child to special treatment, education and care
required by his particular condition; now, therefore, be it

Resolved by the General Assembly of Maryland, That the general
and special rights of the mentally retarded are expressed as follows:
SHOULD INCLUDE THE FOLLOWING:

ARTICLE I. The mentally retarded person has the same basic
rights as other citizens of the same state and same age.

ARTICLE II. The mentally retarded person has a right to proper
medical care and physical restoration and to such education, training,
habilitation and guidance as will enable him to develop his ability
and potential to the fullest possible extent, no matter how severe
his degree of disability. No mentally handicapped person should be
deprived of such services by reason of costs involved.

ARTICLE III. The mentally retarded person has a right to
economic security and to a decent standard of living. He has a right
to productive work or to other meaningful occupation.

ARTICLE IV. The mentally retarded person has a right to live
with his own family or with foster parents; to participate in all
aspects of community life, and to be provided with appropriate
leisure time activities. If care in an institution becomes necessary
it should be in surroundings and under circumstances as close to
normal living as possible.

ARTICLE V. The mentally retarded person has a right to a
qualified guardian when this is required to protect his personal well-
being and interest.

ARTICLE VI. The mentally retarded person has a right to pro-
tection from exploitation, abuse and degrading treatment. If accused,
he has a right to a fair trial with full recognition being given to his
degree of responsibility.

ARTICLE VII. Some mentally retarded persons may be unable,
due to the severity of their handicap, to exercise for themselves all
of their rights in a meaningful way. For others, modification of some
or all of these rights is appropriate. The procedure used for modifi-
cation or denial of rights must contain proper legal safeguards
against every form of abuse, must be based on an evaluation of the
social capability of the mentally retarded person by qualified experts
and must be subject to periodic reviews and to the right of appeal
to higher authorities.

Approved May 17, 1971.