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Torture not Treatment - Disability Rights International

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TORTURE NOT TREATMENT<br />

Following the release of the NYSED report on JRC in 2006, the New York Psychological<br />

Association Task Force found that<br />

―some of the techniques described as „aversive behavioral interventions‟ <strong>not</strong> only<br />

constitute corporal punishment, but are included in literature on torture<br />

techniques… 47<br />

While the infliction of pain may stop a person from engaging in a specific behavior while being<br />

subject to a course of aversive treatment, aversive treatment can<strong>not</strong> treat an underlying emotional<br />

disorder or intellectual disability. A review of the research found that ―the implementation of<br />

punishment-based procedures, including those that incorporate noxious stimulation, do <strong>not</strong><br />

guarantee long-term reductive effects in the treatment of severe disorders.‖ 48 The alleviation of<br />

symptoms only takes place while aversives are in place, leaving a person subject to this painful<br />

treatment over a long period of time. This is why JRC has had to create increasingly strong<br />

systems for administering pain and shock. JRC‘s website candidly acknowledges that aversives<br />

only bring about the temporary alleviation of symptoms:<br />

Expecting an aversive consequence to keep having its effect long after we have stopped<br />

using it is to criticize aversives for something that we have no right to expect them to<br />

do. 49<br />

One study examined a sample of five adults with developmental disabilities who had been<br />

subjected to an aversive program of electric shock, mechanical restraints, and food deprivation.<br />

This study found that the same individuals could be served in the community over two years,<br />

with the same alleviation of symptoms, using only positive behavioral supports.<br />

The results are encouraging in demonstrating that punishment-based approaches can<br />

be terminated, alternative strategies can be substituted, and through a clinically<br />

responsive system of monitoring and decision-making, behavioral adjustment can be<br />

supported without having to resort to invasive forms of treatments. 50<br />

MDRI has interviewed providers who serve individuals once detained at JRC, and their<br />

experience is consistent with the findings of this research. Contrary to the <strong>not</strong>ion that only JRC<br />

can serve the most disabled individuals, other programs are able to serve the same people<br />

without aversives:<br />

I was touring JRC and saw a little boy, maybe 6 or 8 years old, laying on the floor and<br />

shackled and handcuffed behind his back. We do <strong>not</strong> use mechanical restraints here<br />

ever! When people are given what they need, they don‟t act out. – MDRI interview with<br />

director of group homes for people with developmental disabilities serving former JRC<br />

residents 51<br />

11

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