Should Autists Have Cultural Rights?

Abstract

AbstractWhile several scholars have argued that the rise of the internet has allowed an autistic culture to emerge over the past two decades, the question of whether people with autism or, as some members of this group refer to themselves, ‘autists’, are legally entitled to their own cultural rights has not been investigated. This article fills part of this lacuna by considering whether such entitlements exist from the perspective of human rights law. I start by showing that, insofar as (some) autists have their own culture(s), they are likely to be entitled to cultural rights under existing human rights treaties, before arguing that the absence of evidence that their beliefs, values, and behaviors are significantly shaped by distinct social norms renders it unclear whether they do in fact have their own culture(s). However, I end by arguing that, in terms of autists’ entitlements from a human rights perspective, little seems to depend on this.