Do People with a Mental Handicap Have Rights?

The notion of 'rights' in relation to people with a mental handicap has become increasingly fashionable in policy statements in Britain and elsewhere. However, the concept has rarely been used in a clear way, and the application of it has been weak. This article distinguishes between 'claim rights' and 'moral rights' and relates each to specific discriminatory domains. It is argued that in Britain, people with a mental handicap are routinely denied both types of rights, and that this is a sobering context within which to set policies structured upon 'normalisation' principles. It is suggested that more conceptual analysis is needed, alongside a clearer commitment to enforcement through a code of practice and the application of adult rights.