Forthcoming in The Oxford Handbook of Genetic Counseling
Dietz & Reynolds Reforming Informed Consent
Disability rights activists and scholars have long posed critiques of and challenges to
prenatal genetic testing (Parens and Asch 2003). These include, for example, arguments
that the practice of prenatal testing invariably judges certain disabled lives to be not
worthy or less worthy of living or that its effect, regardless of questions of judgment, is
the prevention of certain people with disabilities from coming into being.
Importantly,
calls for greater attention to the complexity of disability as well as calls for greater
incorporation of the experiential testimony of various disability communities have for
many years now also become increasingly common from inside the practice of prenatal
genetic counseling (Farrelly et al. 2012; Sanborn and Patterson 2014; Madeo et al. 2011;
Gould et al. 2019; Boardman 2020). Whether coming from inside or outside, these calls
often assume that genetic counselors’ responsibilities to disability communities revolve
around dialogue, understanding, and representation. It is further assumed that remedying
these communicative and symbolic issues will satisfy longstanding needs for
improvement, especially with respect to communication practices designed to secure
informed consent. In this chapter, we hope to build upon the profession of genetic
counseling’s laudable engagement with disability critiques by showing why informed
consent is not enough and how this issue might be fixed.
In short, we argue that informed consent, while undoubtedly crucial to the
provision of just care, can in fact reinforce unjust epistemic frameworks—patterns of
thinking—when treated as an endpoint instead of a starting point.
We suggest that what
we call critically informed consent (CIC) is needed in order for such unjust epistemic
frameworks to be meaningfully addressed. Our focus in this chapter will be upon
epistemic frameworks rooted in ableism. Ableism is a prejudice (analogous, but distinct
from prejudices involved in sexism, racism, or homophobia, et al.) that presumes the
“normal” able-body is better than an “abnormal” disabled-body. This prejudice leads to a
wide range of social ramifications, from employment discrimination, to hate crimes, to
poor patient-provider communication, to social oppressions that include such basic things
as barring entry to a building because one uses a wheelchair for mobility or failing to
provide closed captioning. In what follows, we discuss critically informed consent as a
tool for anti-ableist genetic counseling, an approach to genetic counseling that is
committed not just to informedness, but also to the idea that genetic counselors and their
clients should acknowledge and combat how dominant epistemic frameworks shaping
healthcare decision-making can perpetuate ableism.
To be anti-ableist, genetic
In what follows, we will purposely avoid the highly developed debates over the expressivist
thesis, the open future argument, and related issues. Whatever position one takes in those debates,
we take our overarching claim to hold.
That is to say, while significant strides have been made by genetic counselors to better
understand disability experiences, disability history, and disability activism, we hope to show that
even an ideal form of such understanding, though important and laudable, will not go far enough.
Patterns of thinking can involve lots of different features: concepts, ideas, principles,
assumptions, biases (implicit and explicit), etc.
By focusing on what it means to be “anti-ableist” as opposed to merely not ableist, we follow in
the footsteps of scholars of racialization like Ibram X. Kendi, for whom the point is not whether or
not one is racist, but what one is doing and how one acts to actively combat racism. Cf. (Kendi
2019)