The legal incapacitation (removal of decision-making rights) of people with intellectual disabilities as described by teachers. Between protection and the restriction of rights: “In some cases it’s necessary”

BACKGROUND: Incapacitation is a legal measure that restricts self-determination for people with intellectual disabilities by giving decision-making authority to another person. This study explores how Polish special education teachers understand and engage with this instrument. METHOD: Semi-structured focus group interviews were conducted with three groups, comprising 21 teachers from special schools. The material was analysed using the principles of Interpretative Phenomenological Analysis. RESULTS: Four themes were identified: meanings ascribed to incapacitation, school-parent dynamics, associated risks, and educational efforts promoting autonomy. Findings reveal ambivalent attitudes, limited awareness of legal alternatives, and a tendency to prioritise protection over autonomy. CONCLUSION: Pedagogical recommendations include regular training, sharing international best practices - especially regarding the United Nations Convention on the Rights of Persons with Disabilities - and creating spaces for dialogue among schools, families, and institutions. Supportive actions should be planned within school policies, particularly during transitional periods, to empower all participants in the educational process.

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Publication Details

Journal
Journal of Intellectual & Developmental Disability
Published
2026-04-25
DOI
https://doi.org/10.3109/13668250.2026.2652728
Primary Topic
Inclusive Education and Diversity
Type
article
Field-Weighted Citation Impact
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article

The legal incapacitation (removal of decision-making rights) of people with intellectual disabilities as described by teachers. Between protection and the restriction of rights: “In some cases it’s necessary”

Monika Parchomiuk, Katarzyna Ćwirynkało
Journal of Intellectual & Developmental Disability
Inclusive Education and Diversity
article

The legal incapacitation (removal of decision-making rights) of people with intellectual disabilities as described by teachers. Between protection and the restriction of rights: “In some cases it’s necessary”

Monika Parchomiuk, Katarzyna Ćwirynkało
article en

Abstract

BACKGROUND: Incapacitation is a legal measure that restricts self-determination for people with intellectual disabilities by giving decision-making authority to another person. This study explores how Polish special education teachers understand and engage with this instrument. METHOD: Semi-structured focus group interviews were conducted with three groups, comprising 21 teachers from special schools. The material was analysed using the principles of Interpretative Phenomenological Analysis. RESULTS: Four themes were identified: meanings ascribed to incapacitation, school-parent dynamics, associated risks, and educational efforts promoting autonomy. Findings reveal ambivalent attitudes, limited awareness of legal alternatives, and a tendency to prioritise protection over autonomy. CONCLUSION: Pedagogical recommendations include regular training, sharing international best practices - especially regarding the United Nations Convention on the Rights of Persons with Disabilities - and creating spaces for dialogue among schools, families, and institutions. Supportive actions should be planned within school policies, particularly during transitional periods, to empower all participants in the educational process.

Journal of Intellectual & Developmental Disability
Maria Curie-Skłodowska University (PL), University of Warmia and Mazury in Olsztyn (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
Inclusive Education and Diversity
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