Global Perspectives on Legal Capacity Reform
Global Perspectives on Legal Capacity Reform

Author: Eilionóir Flynn

Publisher: Routledge

Published: 2018-07-20

Total Pages: 290

ISBN-13: 1351579703

DOWNLOAD EBOOK

This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.

Supporting Legal Capacity in Socio-Legal Context
Supporting Legal Capacity in Socio-Legal Context

Author: Mary Donnelly

Publisher: Bloomsbury Publishing

Published: 2022-03-10

Total Pages: 336

ISBN-13: 1509940367

DOWNLOAD EBOOK

This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

Trust, Accountability, and Capacity in Education System Reform
Trust, Accountability, and Capacity in Education System Reform

Author: Melanie Ehren

Publisher:

Published: 2020-12-30

Total Pages: 320

ISBN-13: 9780367362478

DOWNLOAD EBOOK

This global collection brings a new perspective to the field of comparative education by presenting trust, capacity and accountability as the three building blocks of education systems and education system reform. In exploring how these three factors relate to student learning outcomes across different international contexts, this book provides a powerful framework for a more equal system. Drawing upon research and case studies from scholars, policymakers and experts from international agencies across five continents, this book shows how trust, capacity and accountability interact in ways and with consequences that vary among countries, pointing readers towards understanding potential leverage points for system change. Trust, Accountability, and Capacity in Education System Reform illuminates how these three concepts are embedded in an institutional context temporally, socially and institutionally and offers an analysis that will be of use to researchers, policymakers and agencies working in comparative education and towards education system reform. Chapter 11 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution 2.0 Generic license available at http: //www.taylorfrancis.com/books/e/9780429344855

Legal Capacity & Gender
Legal Capacity & Gender

Author: Anna Arstein-Kerslake

Publisher: Springer Nature

Published: 2021-01-25

Total Pages: 165

ISBN-13: 3030634930

DOWNLOAD EBOOK

This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

Mental Health, Legal Capacity, and Human Rights
Mental Health, Legal Capacity, and Human Rights

Author: Michael Ashley Stein

Publisher: Cambridge University Press

Published: 2021-09-02

Total Pages: 451

ISBN-13: 1108838855

DOWNLOAD EBOOK

Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.

Mental Capacity, Dignity and the Power of International Human Rights
Mental Capacity, Dignity and the Power of International Human Rights

Author: Julia Duffy

Publisher: Cambridge University Press

Published: 2023-08-17

Total Pages: 299

ISBN-13: 100930450X

DOWNLOAD EBOOK

Personhood, in liberal philosophical and legal traditions, has long been grounded in the idea of autonomy and the right to legal capacity. However, in this book, Julia Duffy questions these assumptions and shows how such beliefs exclude and undermine the rights of adults with cognitive disability. Instead, she reinterprets the right to legal capacity through the principle of the interdependence and indivisibility of human rights. In doing so, she compellingly argues that dignity and not autonomy ought to be the basis of personhood. Using illustrative case studies, Duffy demonstrates that the key human rights values of autonomy, dignity and equality can only be achieved by fulfilling a range of interdependent human rights. With this innovative book challenging common assumptions about human rights and personhood, Duffy leads the way in ensuring civil, economic, political, social, and cultural inclusion for adults with cognitive disabilities.

The Right to Legal Personhood of Marginalised Groups
The Right to Legal Personhood of Marginalised Groups

Author: Anna Arstein-Kerslake

Publisher: Oxford University Press

Published: 2024-08-22

Total Pages: 160

ISBN-13: 0192657747

DOWNLOAD EBOOK

Legal personhood is required for voting, marrying, inheriting, contracting, consenting, and other critical social acts that can be predicates to power and privilege. The Right to Legal Personhood of Marginalised Groups addresses personhood and legal capacity as human rights issues, in particular as they relate to disabled people, migrant groups, indigenous peoples, racial minorities, women, and gender minorities. The concepts of personhood, legal capacity, and agency have conflicting definitions in the literature, and there is a lack of clarity regarding their application. Dr. Anna Arstein-Kerslake brings her expertise as a renowned thinker in the areas of human rights, disability rights, gender justice, and legal personhood to this discussion. She provides clarity on personhood and legal capacity by developing definitions of these concepts based on the articulation of the right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. She then applies these definitions to the situations of various minority groups. The Right to Legal Personhood of Marginalised Groups has the potential to significantly enrich the understanding of how and why marginalised groups are denied equality. It goes beyond the traditional analysis of discrimination and equal protection of the law and explores a new social justice imperative: equal recognition before the law.

The Future of Mental Health, Disability and Criminal Law
The Future of Mental Health, Disability and Criminal Law

Author: Kay Wilson

Publisher: Taylor & Francis

Published: 2023-09-15

Total Pages: 284

ISBN-13: 1000954781

DOWNLOAD EBOOK

This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus.

The Spaces of Mental Capacity Law
The Spaces of Mental Capacity Law

Author: Beverley Clough

Publisher: Routledge

Published: 2021-10-21

Total Pages: 167

ISBN-13: 1000463834

DOWNLOAD EBOOK

This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.

Mental Health Law
Mental Health Law

Author: Kay Wilson

Publisher: Oxford University Press

Published: 2021-06-08

Total Pages: 256

ISBN-13: 0192654950

DOWNLOAD EBOOK

The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.