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The American Journal of Bioethics

ISSN: 1526-5161 (Print) 1536-0075 (Online) Journal homepage: https://www.tandfonline.com/loi/uajb20

Ethical Advocacy Across the Autism Spectrum:


Beyond Partial Representation

Matthew S. McCoy, Emily Y. Liu, Amy S. F. Lutz & Dominic Sisti

To cite this article: Matthew S. McCoy, Emily Y. Liu, Amy S. F. Lutz & Dominic Sisti (2020) Ethical
Advocacy Across the Autism Spectrum: Beyond Partial Representation, The American Journal of
Bioethics, 20:4, 13-24, DOI: 10.1080/15265161.2020.1730482

To link to this article: https://doi.org/10.1080/15265161.2020.1730482

Published online: 24 Mar 2020.

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THE AMERICAN JOURNAL OF BIOETHICS
2020, VOL. 20, NO. 4, 13–24
https://doi.org/10.1080/15265161.2020.1730482

TARGET ARTICLE

Ethical Advocacy Across the Autism Spectrum: Beyond Partial Representation


Matthew S. McCoy , Emily Y. Liu , Amy S. F. Lutz, and Dominic Sisti
University of Pennsylvania

ABSTRACT KEYWORDS
Recent debates within the autism advocacy community have raised difficult questions about Autism; ASD; disability;
who can credibly act as a representative of a particular population and what responsibilities representation
that role entails. We attempt to answer these questions by defending a set of evaluative
criteria that can be used to assess the legitimacy of advocacy organizations and other non-
electoral representatives. With these criteria in hand, we identify a form of misrepresentation
common but not unique to autism advocacy, which we refer to as partial representation.
Partial representation occurs when an actor claims to represent a particular group of people
but appropriately engages with only a subset of that group. After highlighting symbolic and
substantive harms associated with partial representation, we propose several strategies for
overcoming it.

INTRODUCTION and “every issue has its own warring camps”(Pitney


2015, 13). In recent years, particularly prominent fault
Autism spectrum disorder (ASD) is not a single con-
lines have emerged between autistic self-advocates and
dition but a group of complex neurodevelopmental
disorders characterized by patterns of repetitive parents of autistic children, especially parents of “low-
behavior and difficulties with social interaction and functioning” autistic children—that is, children with
communication (NINDS 2018). As the National intellectual disability, severe difficulties in language
Institute of Neurological Disorders and Stroke has and communication, and maladaptive and self-
emphasized, “the term ‘spectrum’ refers to the wide injurious behaviors, requiring high levels of supervi-
range of symptoms, skills, and levels of disability in sion, support, and services.2
functioning that can occur in people with Self-advocates typically view autism not as a disease
ASD”(NINDS 2018). Some autistic adults1 are able to that needs to be treated or cured but as form of neu-
work and live independently or within supportive rodiversity that should be “embraced and accom-
environments, while others require high levels of care modated.” (Baker 2) Accordingly, they tend to focus
and support. Although it is difficult to arrive at pre- their advocacy efforts on reducing stigma around aut-
cise estimates, roughly one third of the approximately ism and promoting increased opportunities and
3.5 million people with ASD in the United States are accommodations for autistic people. By contrast,
believed to have intellectual disabilities and a similar parents of autistic children with severe disabilities are
number are believed to be nonverbal (Baio 2018; more likely to view autism through a biomedical lens
Buescher et al. 2014; Rose et al. 2016). and to support the development of behavioral and
The heterogeneity of the autistic population has medical interventions to treat symptoms of the condi-
fueled debates about funding and policy priorities for tion (Liu 2017; Orsini 2012). There are notable excep-
ASD. As John Pitney writes in The Politics of Autism, tions to these tendencies. Some parents embrace the
“nearly every detail of autism policy is contentious,” idea of autism as form of neurodiversity while some

CONTACT Matthew S. McCoy mmcco@pennmedicine.upenn.edu University of Pennsylvania, 423 Guardian Drive, 14th Floor, Philadelphia, PA
19104-6243, USA.
1
Throughout the article we use identity-first language (e.g., autistic person, autistic adult), which tends to be preferred by autistic self-advocates, rather
than person-first language (e.g., person with autism), which tends to be preferred by caregivers and family members (Haller 2016). Our intention is to
respect the preferences of autistic self-advocates engaged in discussions about representation, though we do not mean to suggest that either type of
terminology is categorically preferable.
2
The terms “high-functioning” and “low-functioning” have historically defined categories of autism for research and policy. More recently, however, there
has been increasing concern that these terms may be stigmatizing and that they reduce the diversity of abilities and challenges associated with the
spectrum to a single dimension. As such, we avoid using these terms.
ß 2020 Taylor & Francis Group, LLC
14 M. S. MCCOY ET AL.

self-advocates reject the concept of neurodiversity and representation are frequently invoked by commenta-
support the search for a cure to autism (Haney 2018; tors on the disputes between self-advocates and
Ortega 2009). For the most part, however, the so- parents—and, indeed, by the parties to these dis-
called “autism wars” have pitted self-advocates putes—little effort has been made to clarify what rep-
against parents. resentation entails in this context, what the standards
Over time, these competing perspectives on ASD— of good representation are, and what harms or wrongs
one associated with self-advocates and one associated result from failure to live up to those standards.
with parents—have become bound up with questions In this article, we aim to address these areas of
about which individuals or organizations can legitim- ambiguity by offering a normative analysis of political
ately claim to represent autistic people in the pub- representation of autistic people by nonelected advo-
lic forum. cates and advocacy organizations. Drawing on recent
For many years, autism advocacy was dominated work in political philosophy, we show why representa-
by organizations founded by parents or other family tion by nonelected actors can be a valuable comple-
members of autistic children. In the United States, ment to more familiar forms of electoral
organizations like Cure Autism Now and the National representation, and we defend a set of evaluative crite-
Alliance for Autism Research—which merged opera- ria that can be used to assess the performance of non-
tions with Autism Speaks in 2005—pursued agendas electoral representatives. With these criteria in hand,
focused on supporting biomedical research into treat- we analyze a particular form of misrepresentation
ments and potential cures for autism. These parent- common though not unique to autism advocacy,
led advocacy organizations drew intense criticism which we refer to as partial representation.
from self-advocates and others for failing to include Partial representation occurs when an actor claims
autistic people in their leadership and for promoting a to represent a particular group of people, but appro-
stigmatizing “pro-cure” agenda (Krcek 2013). While priately engages with only a subset of that group. In
Autism Speaks removed the word “cure” from its mis- this context, the term “partial representation” is
sion statement in 2016 and now has two autistic peo- intended to have a dual meaning, referring both to
ple serving on its board of directors, it continues to the fact that the putative representative appropriately
be opposed by many self-advocates who argue that engages with only a part of her constituency and to
the organization’s policies “increase stigma and create the fact that the representative demonstrates partiality,
barriers to the inclusion of autistic people in our or favor, toward this subset of the constituency. We
communities” (“Before You Donate to Autism Speaks, show that the consequences of partial representation
Consider the Facts,” n.d.; “For the Record” n.d.). can involve more than a failure to realize the goods
Responding in part to concerns about parent-led associated with representation and can, in fact, include
organizations, an autistic self-advocacy movement both symbolic and substantive harms. Finally, we pro-
began to emerge in the 1990s (Ortega 2009). Since pose strategies for overcoming partial representation.
then, autistic self-advocacy organizations have grown Before turning to these concerns, however, we
in prominence in both the US and Europe. Although begin with a closer look at how debates about repre-
self-advocacy organizations have been described as sentation have arisen within the autism community
being run “by and for” autistic people, they have been around particular policy issues, focusing on examples
sharply criticized by some parents for failing to recog- involving housing and community integration as well
nize challenges faced by others within the broader as wandering prevention. We focus on these issues
autistic population—particularly those with severe not simply because they have proven to be conten-
intellectual disabilities and high support needs—and tious, but because they illustrate how different lived
for opposing policies aimed at addressing those chal- experiences can shape different perspectives about the
lenges (Haney 2018, 66). needs of autistic people.
Although these debates in the autism advocacy
community have been documented in the popular
POLICY EXAMPLES
press and academic literature, they have received little
in-depth conceptual and normative analysis. It is not Historically, people with significant intellectual and
surprising, then, that accounts of these debates con- developmental disabilities were housed in institutions.
tinue to be dogged by conceptual ambiguities. However, well-documented patterns of abuse and neg-
Particularly striking is the ambiguity surrounding the lect that proliferated in overcrowded, underfunded,
notion of representation itself. While ideas about and understaffed institutions along with growing
THE AMERICAN JOURNAL OF BIOETHICS 15

concerns about the costs of maintaining institutions ethnicities and every other manner of diversity”
eventually prompted a shift away from institutional- (Keeping the Promise 2011, 4). Moreover, ASAN
ization and toward community-based housing and describes its mission as working to ensure “that the
services for people with intellectual and developmental voices of Autistic people are heard in policy debates
disabilities (Mandell 2017). While the move toward and the halls of power” and to “advocate specific pol-
community integration has been widely embraced by icy positions on issues of importance to Autistic peo-
autistic people as well as parents and other caregivers, ple and others with disabilities” (Autistic Self
it has given rise to debates about what counts as living Advocacy Network n.d.). In other words, the organ-
“in the community.” ization presents itself as speaking on behalf of autistic
In the US, a significant portion of services for indi- and disabled people generally and not self-advocates
viduals with intellectual and developmental disabilities in particular. Thus, audiences could reasonably inter-
is paid for through Medicaid home and community- pret the position paper as attempting to make a state-
based services (HCBS) waiver programs. These pro- ment on behalf of all autistic people.
grams allow states to use Medicaid dollars to provide However, not all members of the autism commu-
services for people with disabilities and older adults in nity endorsed the conclusions of “Keeping the
home and community-based settings rather than insti- Promise.” In particular, several parents of autistic chil-
tutions. Although HCBS waivers first became available dren with limited communication skills, specific sen-
in 1983, they became the subject of heightened con- sory needs, and maladaptive and self-injurious
troversy in 2009 when the Centers for Medicare & behavior argued that planned communities were the
Medicaid Services (CMS) announced that it would best environments for their children, allowing for
publish regulations defining what types of environ- greater supervision and safety measures, and rejected
ments would qualify as home and community the notion that these settings cannot constitute genu-
based-settings. ine communities (Lutz 2015). During the housing
Following the CMS announcement, a group of self- debate, this perspective was reflected in a 2013 survey
advocates led by the Autistic Self-Advocate Network conducted by Autism Speaks. Nearly half the care-
(ASAN), Self-Advocates Becoming Empowered, and givers surveyed believed that a planned community
the National Youth Leadership Network came would be the “ideal type of home” for their loved
together to publish a position paper entitled “Keeping ones (“National Housing Survey” 2013). Nor was this
the Promise: Self Advocates Defining the Meaning of view limited to caregivers. Nearly a third of autistic
Community Living” (Keeping the Promise 2011). The individuals participating in the Autism Speaks survey
paper argued that, “a home should not be considered identified planned communities as one of their “most
‘in the community’ if more than four unrelated people preferred” housing styles.
live there,” and rejected “gated communities, farm- These opposing views came to a head when, the
steads, and clusters of group homes—even those that same week that Autism Speaks released the results of
include both people with and without disabilities” its housing survey, the co-founder of the organization,
(Keeping the Promise 2011, 6–7). Waiver recipients, Suzanne Wright, penned an op-ed announcing plans
the paper argued, should only be permitted to live in for a national policy summit in Washington, DC. The
small, fully integrated settings such as “apartments, aim of the forum was to convene advocates and policy
houses, condominiums, trailers” (Keeping the Promise makers to discuss autism policy issues. Wright’s op-
2011, 7). ed, which described autism as a “monumental health
The authors of “Keeping the Promise” describe the crisis” and a “national emergency,” drew widespread
paper as being presented from “the stand point of criticism from self-advocates and led John Elder
self-advocates.” However, they also describe a “broadly Robison, an autistic adult who had served on Autism
inclusive” process that led to the drafting of the paper, Speaks’ Science and Treatment Boards, to sever his
which included a 25-person summit of self-advocates ties with the organization (Robsinson 2013; Wright
with intellectual and developmental disabilities, and 2013). In its response to the op-ed, ASAN not only
interviews with persons from “a wide array of differ- criticized Autism Speaks’ support for “segregated
ent backgrounds, experiences and identities” who housing and service-provision,” but leveled a more
“differed not only in the types of disabilities and fundamental challenge to Autism Speaks’ claims to
accommodations, but also in their languages, their represent the interests of autistic people (Autistic Self
incomes, their religious beliefs, their sexual orienta- Advocacy Network 2013). The ASAN response
tions, their mode of communication, their races and accused Autism Speaks of “a long and continued
16 M. S. MCCOY ET AL.

pattern of exclusion of Autistic voices from its work exercising their right to engage in autonomous behav-
on autism,” and asked, “[i]s this the organization that ior … reflects an incredibly inadequate grasp of
we want speaking on our behalf? We think not” the problem some autistic individuals have”
(Autistic Self Advocacy Network 2013). (Wombles 2011).
This clash was not the first time that debates about For practical purposes, this debate ended when the
autism policy led to more fundamental questions CDC granted the IACC’s request and proposed a
about representation in the autism community. In wandering code to the ICD-9-CM Coordination and
February 2011, the Interagency Autism Coordinating Maintenance Committee. The code became effective
Committee (IACC) wrote a letter to Secretary of in October 2011, and ASAN has made no public
Health and Human Services Kathleen Sebelius, alert- attempts to challenge it. However, debate around
ing her to the fact that “every year, an unknown num- HCBS waivers remains ongoing. CMS released its
ber of people with ASD are killed or injured as a Final Rule on HCBS waivers in January 2014, laying
result of … accidents that occur as a result of wan- out “a more outcome-oriented definition of home and
dering/eloping or otherwise becoming lost” community-based settings, rather than one based on a
(Interagency Autism Coordinating Committee 2011, setting’s location, geography or physical character-
1). Among other requests, the IACC asked the istics” (CMS 2014, 2). The rule established no max-
Centers for Disease Control and Prevention (CDC) to imum occupancy limits, no density restrictions, and
propose a medical code for this behavior, which no proximity rules on home and community-
“could be used to collect data … and help validate based settings.
insurance coverage for personal locating devices and Yet the Final Rule is not the last word on HCBS
related expenses for families who are currently unable waivers. Individual states have until 2022 to develop
to afford them” (Interagency Autism Coordinating policies compliant with the Final Rule, and several
Committee 2011, 3). states have begun to develop policies that go beyond
A month after the IACC letter was published, the federal guideline by imposing restrictive limits on
ASAN president Ari Ne’eman posted an action alert on the types of settings open to waiver recipients (Lutz
the organization’s website urging readers to “Tell the 2019). These policies limit housing options available
CDC ‘No’ on Abuse-Enabling ‘Wandering’ Code!” to waiver recipients, often prohibiting intentional
(Ne’eman 2011). He argued that the new code would communities, campuses, and farmsteads. As states
“make it easier for school districts and residential facili- continue to consider these and other autism policy
ties to justify restraint and seclusion in the name of issues and to solicit the views of stakeholders in the
treatment” and posited that “wandering” (quotation autism advocacy community, questions about who
marks in the original) was the only way non-verbal represents the interests of autistic people and what
children had of “trying to leave a dangerous situation” those interests are promise to remain contentious.
(Ne’eman 2011). He opposed tracking devices for autis-
tic adults because they “would restrict freedom
NONELECTORAL REPRESENTATION
of movement” and lead to institutionalization
(Ne’eman 2011). These debates between parents of autistic children and
The action alert prompted pushback from parents autistic self-advocates raise fundamental questions
of autistic children, some of whom questioned not about representation in the autism community. What
only Ne’eman’s position on the code but ASAN’s sta- gives any particular individual or organization the
tus as a representative of autistic people. Matthew right to say that it represents autistic people? What
Joseph, the father of three autistic daughters and the sorts of obligations does a representative of autistic
author of the Autism Jabberwocky blog, wrote that people have toward those for whom it claims to
the code “isn’t a controversy for anybody except the speak? To answer these questions, we turn to recent
self-appointed guardians of autism’s virtue, ASAN … I work in political philosophy that explores the phe-
have to wonder (yet again) just who ASAN thinks nomenon of nonelectoral representation—that is, rep-
they are advocating for. It certainly isn’t the needs of resentation by actors that have not been formally
the majority of people (or children) who have autism” elected by the groups on whose behalf they claim to
(Joseph 2011). Another parent wrote that “to believe speak and act. This literature offers useful resources
that children and adults with severe autism who wan- for thinking through debates about representation
der away from their homes and into dangerous situa- within the autism community. At the same time, we
tions like traffic or into the woods are simply argue, unique features of autism advocacy challenge
THE AMERICAN JOURNAL OF BIOETHICS 17

certain assumptions about nonelectoral representation matter, is it true that elected representatives always do
and show the need to refine proposed standards for a better job than representatives who are not elected.
assessing the practice. One of the key structural limitations of electoral rep-
resentation is that popular elections tend to lead to the
marginalization of persistent minority groups that are
The Value of Nonelectoral Representation
too small or too geographically dispersed to demand
Before analyzing issues particular to representation in the attention of elected officials. Seen from the perspec-
the autism community, we begin with a general defin- tive of the political system, this kind of systematic mar-
ition of political representation and an account of the ginalization shows why elections alone are often
potential benefits of nonelectoral representation. insufficient to realize the all-affectedness principle.
Following Hannah Pitkin, we define political represen- Because nonelectoral representatives don’t face the
tation as “substantive acting for others” (Pitkin 1967, same constraints and incentives that electoral represen-
209). Political representatives, on this account, are tatives do, they can “do things that [electoral represen-
actors that “speak, advocate, symbolize, and act on the tatives] cannot do (or cannot do so readily)” (Saward
behalf of others in the political arena” (Dovi 2018). 2009, 8). Rather than attempting to advance the inter-
Thus, although some theorists draw a distinction ests of a diverse geographically defined constituency,
between advocacy and representation, on the definition nonelectoral representatives can focus on advancing the
we use here, advocacy is one of the activities performed interests of a smaller and more homogenous popula-
by representatives (Schweber 2016). We also follow tion that shares certain characteristics. As Saward puts
Pitkin in assuming two basic normative standards for it, nonelectoral representatives can help to “give voice
political representation, namely, representatives ought to the affected by opening up new lines and styles of
to act “in the interest of the represented, in a manner representation, which can be more sensitive to intensity
responsive to them” (Pitkin 1967, 209). of preference and particular lived experiences” (Saward
While Pitkin assumed that formal elections were 2009, 8). Adopting a spatial metaphor, Montanaro
necessary to ensure responsive representation, subse- writes that nonelectoral representation can “fill the
quent theorists have called this assumption into ques- gaps in electoral representation” by amplifying the
tion (Kuyper 2016; Montanaro 2012; Saward 2009). interests of groups that would otherwise go overlooked
To be sure, elections do function as mechanism for in the policy-making process and thereby giving these
encouraging representatives’ responsiveness to their groups a “political presence” that they would not other-
constituents. Knowing that they must face election wise have (Montanaro 2012, 1098).
gives elected representatives a powerful incentive to For all the debates about representation within the
respond to constituents’ interests. And if representa- autism community, we take it that this general
tives are not judged to be sufficiently responsive to account of political representation should be relatively
the interests of their constituents, they can be uncontroversial among parties to those debates. In
replaced. Coupled with the institution of universal other words, we assume that parents and autistic self-
adult suffrage, electoral representation offers a means advocates would agree that representation involves
of institutionalizing the all-affectedness principle—a speaking and advocating for others in the public
cornerstone of many normative justifications of dem- forum and that representatives ought to act in the
ocracy, which states that persons affected by political interests of and be responsive to those they represent.
decisions ought to have a say in how those decisions In addition, we assume that most parties to debates
are made (Saward 2009). about representation within the autism community
Contemporary theorists of representation like accept that nonelected actors can, in principle, speak
Michael Saward and Laura Montanaro accept Pitkin’s on behalf of autistic people. The major sources of dis-
definition of political representation and its normative agreement, to which we now turn, involve determin-
standards, but reject her idea that responsive political ing which particular actors who purport to represent
autistic people can legitimately claim to do so.
representation requires elections. As Saward puts it,
“substantive acting for others is prior to the means of
Assessing the Legitimacy of Nonelectoral
achieving it, and in certain cases and contexts elect-
Representatives
oral means may be inferior to others” (Saward 2009,
4). In other words, it does not follow from Pitkin’s How should we determine which actors can legitim-
definition of political representation that only elected ately claim to serve as nonelectoral representatives of
officials can represent others. Nor, as an empirical particular groups?
18 M. S. MCCOY ET AL.

Laura Montanaro proposes two criteria that are the recommendations in “Keeping the Promise.”
rooted in Pitkin’s norms of political representation Rather than simply asserting that their recommenda-
but adapted to the particular context of nonelectoral tions were in the best interest of autistic people, they
representation. The first criterion is that nonelectoral provided an account of the deliberative processes they
representatives ought to provide a “political presence” undertook to understand the full range of interests of
for their constituents. In practice, this means that rep- those for whom they spoke.
resentatives must faithfully articulate the interests of There remains a question of how Montanaro’s first
the constituents they claim to represent. When done criterion, thus amended, ought to be applied in the
on behalf of groups whose interests are marginalized context of autism advocacy. Specifically, what sorts of
in electoral politics, this kind of political presence giv- measures should be regarded as contributing to
ing helps narrow “the difference between formal vot- understanding constituent interests? Because autism is
ing equality and what is normatively required by the a neurodevelopmental condition that affects cognitive
affected interests standard.”(Montanaro 2012, 1098) functioning, it is reasonable to believe that only autis-
The second criterion is that nonelectoral representa- tic people fully understand the subjective experience
tive must empower constituents to authorize their of autism (Chamak and Bonniau 2013). It is also clear
actions and hold them accountable. that autistic people have unique understanding of the
While Montanaro’s two criteria offer a useful start- harms, stigma, and discrimination that they confront.
ing point for thinking about how we ought to assess For these reasons, the involvement of autistic people
the legitimacy of nonelectoral representatives, attempt- through a variety of consultative, deliberative, and
ing to apply them directly to disputes about the repre- participatory mechanisms should be regarded as a
sentation of autistic people proves difficult. Consider critical and necessary measure for understanding the
first the criterion that representatives ought to provide interests of autistic people. Such mechanisms should,
a political presence for autistic people by faithfully moreover, include options for nontraditional modes
articulating their interests. The chief difficultly here is of communication like text-based internet chats,
that self-advocates and parents disagree, often pro- which may be better suited to autistic people with
foundly, about what the underlying interests of autis- communication difficulties (Nicolaidis et al. 2011).
tic people are. Thus, simply invoking this criterion Yet it would be a mistake to regard engagement
would do little to resolve debates about representation even with a wide range of autistic people as sufficient
within the autism community. This challenge does not for understanding the interests of autistic people gen-
imply that Montanaro’s political presence criterion erally. This conclusion rests on two premises. The first
ought to be abandoned, but it does imply that it needs is that, even given an appropriate range of participa-
to be amended to suit the context of autism advocacy, tory mechanisms, a significant portion of autistic peo-
or indeed, any context where there is deep disagree- ple lack the capacity to engage in consultation and
ment about what the interests of a particular popula- deliberation about their interests. The second is that
tion are. the experiences, needs, and interests of this portion of
One way to amend Montanaro’s criterion is to sup- autistic individuals are likely to differ systematically
plement it with the procedural requirement that non- from those of autistic people able to participate in
electoral representatives must take demonstrable deliberation. Relying, therefore, on engagement with
measures to ensure that they properly understand the autistic self-advocates to understand the interests of
interests of the constituents for whom they speak. The the broader autistic population carries a risk of bias.
rationale for this procedural amendment to In light of this risk, we propose that where an
Montanaro’s criterion is that while debates about the organization endeavors to represent persons, some of
interests of different groups often prove intractable, it whom lack the capacity to engage in deliberation, it
is easier to find agreement on the sorts of measures must also take proactive measures to understand their
that a representative should take to understand con- interests. What constitute appropriate measures will
stituent interests. Thus, by showing the steps they depend on the nature of the constituency being repre-
have taken to understand the interests of their constit- sented. But in the case of ASD, such measures might
uents, representatives can offer audiences indirect evi- include hosting in-person or online deliberative
dence that they are faithfully articulating the interests forums where autistic self-advocates are able to dis-
of those constituents. cuss and debate the merits of different policy pro-
This is, in essence, what ASAN and its partners did posals with others who have firsthand insights into
in describing the consultative exercises that informed the needs and experiences of autistic people who are
THE AMERICAN JOURNAL OF BIOETHICS 19

unable to participate in these discussions. These might authorized by and not directly accountable to the pop-
include parents of autistic children who can speak to ulations they seek to represent might still benefit those
the daily routines and challenges of their children; populations by satisfying the first criterion and giving
care providers who work with autistic people with their interests a political presence. Nonetheless, she
severe disabilities and high support needs and who argues that we ought to be cautious of this form of
can speak to the effects and limits of different types of unauthorized and unaccountable representation,
therapies and interventions; and researchers who which she refers to as “surrogate representation.” As
study ASD as well as the delivery of health and social she puts it, “it is dangerous to render others politically
services for autistic people. These wider forms of present without their authorization, both because we
engagement need not exclude autistic people who can- might misrepresent people and their interests and
not speak for themselves. As Clifford Simplican undermine a people’s autonomy and capacity to make
notes, there may be instances in which it is possible decisions for themselves, including decisions about
for non-disabled family members to advocate “with who best represents them” (Montanaro 2017, 65). For
their disabled family members in order to portray the Montanaro, this conclusion is supported by the
interdependency of their interests” (Clifford 2012). assumption that there are few imaginable situations
But through these wider forms of engagement, a rep- where a constituency “would have absolutely no cap-
resentative organization guards against the risk that its acity to communicate its approval or disapproval of a
understanding of what is best for autistic people is claim” (Montanaro 2017). However, both this assump-
biased toward those persons with the capacity to tion and its implications for how we understand the
deliberate about their own interests and strengthens
accountability/authorization criterion need to be
its claim to credibly understand the full range of
rethought in the context of autism advocacy.
constituent interests.
For a population all of whose members are capable
We now turn to Montanaro’s second criterion,
of expressing or withholding authorization, it seems
namely, that representatives ought to empower their
clear that would-be representatives ought to seek their
constituents to authorize and hold them accountable
authorization. Failure to do so would, as Montanaro
for their actions. This idea is, of course, central to our
warns, risk misrepresenting the group’s interests and
understanding of electoral representation, where elec-
frustrating their capacity to make decisions for them-
tions serve as the primary mechanism by which con-
selves. On the other hand, for a population none of
stituents authorize their representatives and hold them
whose members are capable of expressing or with-
accountable. Authorization and accountability are less
holding authorization, it would be absurd to ask rep-
straightforward, but by no means impossible for non-
electoral representatives. As Montanaro points out, resentatives to seek authorization from those for
nonelectoral representatives can seek discursive whom they speak. The most we could expect in these
authorization for their agendas via “allegiance and situations is surrogate representation.
approbation, expressed in both actions and words” What is challenging about autism advocacy—
(Montanaro 2017, 83). Constituents can signal their because ASD is a spectrum disorder—is that the autis-
approval of a representative by, for instance, signing tic population does not fit neatly into either of these
petitions, attending rallies, joining the representative’s categories. Some autistic people are fully capable of
social media groups, or donating money. Conversely, expressing or withholding authorization in any setting.
people can hold representatives accountable for their Some have limited capacity to express authorization.
decisions by withholding or withdrawing these forms And given that capacity is decision relative, whether
of support or by publicly challenging the representa- or not an intellectually disabled autistic person is able
tive who purports to speak on their behalf. to express authorization in a particular instance will
Montanaro is sensitive to the fact that some groups depend both upon his or her level of intellectual dis-
might not be capable of authorizing nonelectoral rep- ability and specific features of the decision at hand
resentatives or holding them accountable. For (Buchanan and Brock 1989). But a significant portion
instance, she suggests, citizens living under a repres- of the autistic population is incapable of expressing or
sive regime might not be able to communicate their withholding authorization with respect to virtually all
views to outside human rights groups that seek to of the policy issues that representatives confront.
represent their interests to the international commu- Thus, if a representative organization seeks authoriza-
nity (Montanaro 2017). In these situations, tion from and accountability to autistic people, it
Montanaro grants that representatives who are not again runs the risk of bias toward the interests of
20 M. S. MCCOY ET AL.

those members of the population who have the to seeking direct authorization and accountability to
capacity to authorize and hold accountable. members of the represented constituency, seek surro-
One way that representatives can guard against this gate authorization and accountability on behalf of
risk of bias is by seeking authorization from and those members of the represented constituency who
accountability to not just autistic people but to fami- lack the capacity to speak for themselves.
lies, caregivers, and others with firsthand knowledge It is beyond our scope in this article to review spe-
of the needs of autistic people with severe disabilities. cific mechanisms of authorization and accountability.
By subjecting their claims and policy proposals to Others have done so extensively (Dryzek and
debate and deliberation among this broader group, Niemeyer 2008; Kuyper 2016). But for present pur-
representatives can help to ensure that they are not poses, we note that some of the same types of engage-
unwittingly neglecting or undermining the interests of ment and consultation that would allow
some of those autistic people who lack the capacity to representatives to better understand the interests of
authorize and hold accountable. In Montanaro’s ter- autistic people could also plausibly function as mecha-
minology, this proposal would essentially involve nisms of authorization and accountability. In other
embedding a measure of surrogate representation on words, while the requirement that representatives take
behalf of such autistic people within a representative measures to understand their needs of their constitu-
relationship between a nonelectoral representative and ents is conceptually distinct from the requirement that
the wider autistic population. As such, this proposal representatives empower the appropriate groups to
challenges the presumption that direct ties of account- authorize and hold them accountable, both require-
ability and authorization between a representative and ments might be fulfilled by a similar set of deliberative
her constituency are always normatively preferable to and participatory mechanisms.
surrogate representation and that surrogate represen-
tation ought eventually to transition to representation
PARTIAL REPRESENTATION: HARMS
based on direct ties of authorization and accountabil-
AND REMEDIES
ity. For in the context of autism, continued surrogate
representation on behalf of autistic individuals who We have defended two evaluative criteria for assessing
are unable to participate in direct representation is the legitimacy of nonelectoral representation of autis-
justified as a safeguard against bias toward the inter- tic people. First, representatives ought not only to
ests of individuals who are. faithfully articulate the interests of their constituents
The proposal to embed surrogate representation but take demonstrable measures to ensure that they
within the relationship between nonelectoral represen- understand those interests. Second, representatives
tatives and the wider autistic population might seem ought to seek authorization from and accountability
to reintroduce some of the same challenges we have to both autistic people and to those closest to and
been discussing. For it appears we must now ask who most familiar with the needs of those who cannot
can credibly act as a surrogate representative for those speak for themselves. Although these requirements are
who cannot speak for themselves. But the issue need conceptually distinct, they might be fulfilled via a
not prove so daunting at this level, since having common set of deliberative and participatory mecha-
effective surrogacy on behalf of those who cannot nisms. In this regard, the implications of our argu-
speak for themselves does not require identifying a ment can be distilled to the practical imperative that
single surrogate. As we suggest, nonelectoral represen- in order to claim legitimacy, representatives of autistic
tatives should seek authorization from and account- people must actively engage and consult with both
ability to a range of those with insights into the needs autistic people and those closest to autistic people
and experiences of those who cannot speak for them- who lack the capacity to participate in decision
selves, each of whom might contribute to providing making themselves.
effective surrogate representation on their behalf. We now turn to the normative implications of rep-
Thus, with respect to Montanaro’s second criterion, resentatives’ failure to carry out this practical impera-
we do not dispute that representatives ought to tive. Montanaro uses the term “skewed representative
empower the appropriate group to authorize and hold outcomes” to describe outcomes in which a represen-
them accountable for their actions. But we argue that tative “empowers its claimed constituency [to author-
in cases where some members of the represented con- ize and hold accountable] but the relationship does
stituency lack the capacity to exercise authorization not yield good outcomes for it” (Montanaro 2017,
and accountability, representatives should, in addition 67). Skewed outcomes can refer to outcomes that are
THE AMERICAN JOURNAL OF BIOETHICS 21

inconsistent with the interests of the entire constitu- and self-advocacy groups have engaged in partial rep-
ency or outcomes in which certain “interests are over- resentation is not to imply that their actions have
represented or under-represented within a claimed been equally consequential. As Liu notes, there is “the
constituency” (Montanaro 2017, 68). For example, significant historical precedent for incorporating the
Montanaro suggests, “an organization might claim to insights of parent advocates and other stakeholders in
represent women, broadly, but its representation broad initiatives related to autism,” whereas voices of
might be skewed toward its white and middle upper- self-advocates have traditionally been marginalized
class members, leaving under-represented the interests (Liu 2017, 395). But given the growing influence of
of its disadvantaged subgroup, such as poor women” self-advocacy organizations, this historical precedent
(Montanaro 2017, 68). should not lead us to dismiss contemporary concerns
The notion of skewed representative outcomes raised by parents (Matthews 2016; Perkes 2019).
focuses, as the name indicates, on the outcomes of Partial representation raises several concerns. First,
representation. In this regard, skewed representative if we assume that effective nonelectoral representation
outcomes can be understood as a substantive failure conveys goods to the represented group by empower-
of representation. This failure is related to but distinct ing them and giving their interests a political pres-
from a procedural failure to properly engage with the ence, partial representation deprives some group
full range of one’s constituents, both to understand members of these goods. On its own, the failure to
their interests and to allow them to authorize and realize the goods of nonelectoral representation might
hold the representative accountable. We refer to this seem like a relatively minor problem, since it does not
latter failure as partial representation. As mentioned appear to make any subgroups worse off, but this is
above, the term “partial” is intended to have a dual not the case. A second reason to be concerned about
meaning in this context, referring both to the fact that partial representation is that representatives who
the representative engages with only part of its engage in partial representation can “crowd out” other
claimed constituency, and to the fact that in so doing, representatives that might do a better job of
the representative is partial to—or demonstrates favor adequately representing the groups in question
to—one part of its constituency. This notion of parti- (Montanaro 2012). Crowding out can be formal—for
ality also helps to convey the fact that partial repre- instance, a government advisory board might include
sentation varies by degree. A representative might only a certain number of seats for representatives of
demonstrate a high degree of partiality by failing particular populations—but it can also happen infor-
altogether to engage with part of its claimed constitu- mally when certain representatives dominate public
ency, or a representative might demonstrate more discourse about the needs of a particular group.
modest partiality by tending to solicit and prioritize Third, to the extent that partial representation leads
perspectives from one part of its constituency at the to the sort of skewed representative outcomes that
expense of others. On this view, then, a representative Montanaro describes, it can misinform policymakers
is not legitimate or partial. Rather, representatives are and the public about the interests of represented
more legitimate and less partial to the extent that they groups, leading, in turn, to suboptimal or harmful
are actively and appropriately engaged with the mem- policies. This possibility highlights the potential pit-
bers of their constituency (and, where necessary, sur- falls that exist alongside the promises of nonelectoral
rogates for members of that constituency). representation. As Montanaro notes, nonelectoral rep-
Arguably, both of the autism advocacy groups resentation has the potential to fill gaps in electoral
highlighted above have engaged in some degree of representation by amplifying voices and concerns that
partial representation, albeit in opposite ways. At least would otherwise go overlooked in the policymaking
in its early days, Autism Speaks failed to engage process. But nonelectoral understanding can also dis-
appropriately with autistic self-advocates, while ASAN tort public understanding of represented groups’ inter-
has failed to engage appropriately with parents raising ests if it fails to convey the full range and complexity
concerns on behalf of their children. This is not to of those interests.
say that either organization has failed to accomplish Fourth, partial representation can inflict symbolic
important goals on behalf of autistic people, but that harms on marginalized subgroups within a repre-
they have demonstrated some degree of partiality sented group. Ideally, an organization that represents
toward one part of the autistic community while pre- autistic people should help to combat prejudice and
senting themselves as representatives of autistic people stigma by demanding equal standing for autistic peo-
generally. Moreover, to say that both parent-founded ple. But a representative organization that does not
22 M. S. MCCOY ET AL.

allow autistic people to engage in deliberation and justified in advocating for policies that would impose
decision-making on an equal footing with others can impermissible harms on autistic people without such
exacerbate prejudice and stigma by conveying the disabilities. An important question for any theory of
message that autistic people’s own viewpoints do not political representation involves balancing a represen-
warrant recognition. tative’s justified partiality in advocating for policies
Because partial representation occurs when an actor that would help its constituents with its general obli-
claims to represent the whole of a certain group but gations not to impose certain harms on others.
appropriately engages with only a subset of that Though moderating representative claims can address
group, remedying partial representation requires clos- the particular problem of partial representation it does
ing this gap between a representative’s claims and not eliminate this latter question.
actions. This can happen in one of two ways. In practice, representatives need not choose cat-
First, the representative can make its actions con- egorically between these two approaches to dealing
sistent with it claims by taking steps to engage margi- with partial representation. Instead, they might pursue
nalized subgroups within its claimed constituency. As a federated model of representation where representa-
noted, this would involve using deliberative and con- tives of particular subgroups speak on behalf of their
sultative mechanisms to understand the interests of all smaller constituency when addressing certain issues
constituents for which the representative claims to but come together with other representatives, either
speak, including engaging with people familiar with under the auspices of an umbrella organization or as
the experiences of constituents who lack the capacity part of an ad hoc coalition, to speak as one about
to engage in deliberation and debate. This way of issues affecting a broader group of people. There are
addressing the problem of partial representation has examples of this type of federated model in health
obvious political advantages in that it allows a repre- advocacy. For instance, the National Organization for
sentative to speak credibly on behalf of a larger con- Rare Disorders (NORD) is made up of 280 different
stituency. But attempting to represent a larger and rare disease organizations. NORD’s mission is to
more heterogenous constituency also presents chal- advocate on behalf of the rare disease community
lenges. In particular, the more diverse the constitu- broadly, but individual organizations maintain auton-
ency, the more difficult it may be to identify common omy to speak out on issues affecting their particular
interests on which to build an agenda. constituency (“About Us” 2019).
In cases where a group of people share a common A similar approach to representation may ultim-
characteristic but are otherwise quite internally ately be well suited to the autism community. As we
diverse, representatives (and group members them- began this article by noting, people with ASD have
selves) may rightly conclude that it makes sense to widely varied characteristics, skills, and abilities. That
organize representation in a more differentiated man- they share a common diagnostic label is largely a
ner. In such cases, the second way that a representa- product of the way that ASD has been defined by psy-
tive can remedy partial representation is by chiatrists. Indeed, the creation of ASD as a formal
moderating its representative claims and making it diagnostic category is a relatively recent development,
clear that it represents only that constituency with which followed several decades of attempts to
which it is appropriately engaged. This is not to say “categorize the heterogeneity in autism spectrum dis-
that a representative which moderates its claims has orders” (Grzadzinski et al. 2013). It was not until
no responsibilities toward anyone other than members 2013 when the fifth edition of the Diagnostic and
of the narrower group it legitimately represents. Statistical Manual of Mental Disorders (DSM-5)
Representatives have certain special obligations toward removed Rett syndrome and combined autistic dis-
their constituents, but this does not mean that repre- order, Asperger’s disorder, pervasive developmental
sentatives do not have general obligations toward disorder not otherwise specified, and childhood disin-
related groups and the broader population. The fact tegrative disorder into the single category of ASD
that representatives have special obligation toward (Volkmar and Reichow 2013).
their constituents would not, for instance, justify This is not to say that there are no issues that
their imposing morally impermissible harms on impact autistic people generally or that, when it comes
other groups. to such issues, it might not be valuable to have repre-
Thus, an organization that claimed to represent sentatives capable of credibly speaking on behalf of
only autistic people with severe disabilities would not, the autistic population as a whole (Kapp et al. 2013).
by virtue of this moderate representative claim, be But for a range of other policy issues, including those
THE AMERICAN JOURNAL OF BIOETHICS 23

we’ve discussed here, it may be more feasible for rep- Autistic Self Advocacy Network. 2013. ‘ASAN-AAC
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