Anna Arstein-Kerslake
Biographic Data
| ID | 4091936 |
|---|---|
| NAME | Anna Arstein-Kerslake |
| GIVEN NAMES | Anna |
| FAMILY NAME | Arstein-Kerslake |
| SIGNATURE | ARSTEIN-KERSLAKE A |
| AFFILIATIONS | The University of Melbourne |
| ORCID | 0000-0002-8411-9724 |
| VERIFIED | Yes |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 47 |
| AUTHOR COUNT | 16 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2014 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 5 |
Criminalisation of Sex with Disabled People with Cognitive Impairments in Commonwealth Countries: A Colonial Remnant that Interferes with the Human Right to Sexual Agency
Sexual offence laws in many Commonwealth jurisdictions criminalise sexual activity with disabled people with cognitive impairments. Many of these laws were created with the intent to protect disabled people with cognitive impairments from sexual abuse. However, they often preclude the possibility for the individual to consent to sexual activity. This preclusion from consenting to sex has the potential to create significant hardship for disabled p…
Recognising personhood: The evolving relationship between the legal person and the state
Relational personhood: A conception of legal personhood with insights from disability rights and environmental law
People with disability have demanded the recognition of full legal personhood in order to realise their rights and to overcome dominance and oppression. Legal personhood is also being claimed for similar reasons for natural entities, including rivers, forests, and mountains. However, the prevailing neo-liberal understanding of legal personhood relies on the individual exercising personhood independently. This may not be enough to secure the inter…
Right to legal capacity in therapeutic jurisprudence: Insights from critical disability theory and the convention on the rights of persons with disabilities
Introducing a Human Rights-based Disability Research Methodology
Research has the potential to be a powerful tool for the realisation of the rights of disabled people. However, antiquated research practices continue to marginalise disabled people by excluding them from research; inadequately remunerating them for participation in research; undertaking research that assumes difference; and not including their voice in the leadership design or implementation of research. This article builds on emancipatory, part…
Enhancing early detection of cognitive impairment in the criminal justice system: Feasibility of a proposed method
Persons with cognitive impairment(s) are over-represented in the criminal justice system (CJS), yet many instances of cognitive impairment go undiagnosed. As this article outlines, it would be both desirable and feasible to use automated alerts to flag accused persons who may require assistance in interacting with the CJS either due to a confirmed or likely diagnosis of a cognitive impairment or other relevant condition. A proposed method to deve…
Disability Human Rights Law 2018
Disability human rights law is a rapidly growing field. It merges critical disability studies, disability rights, and human rights to inform, identify, analyse, and create solutions to help protect the human rights of people with disabilities. This is the second volume of the Disability Human Rights Law edited collection. This volume delves deeper into this emerging field and begins to explore what human rights law means for people with disabilit…
From Safety Nets to Support Networks: Beyond ‘Vulnerability’ in Protection for Consumers with Cognitive Disabilities
This article considers the significance of the obligations in the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) for consumer protection law and policy. The current legal response to consumers who require additional decision-making support is primarily focused on mechanisms to release consumers classified as ‘vulnerable’ from transactions tainted by concerns about a lack of genuine consent. While these legal respons…
Human Rights and Unfitness to Plead: The Demands of the Convention on the Rights of Persons with Disabilities
Findings of unfitness to plead can result in individuals with cognitive disabilities losing access to procedural safeguards in the criminal justice system. They can also lead to long periods of detention and, in some cases, indefinite detention of persons with cognitive disabilities in prisons and other secure facilities. This raises significant concerns with human rights breaches, including the rights to legal capacity, a fair trial and liberty.…
State intervention in the lives of people with disabilities: The case for a disability-neutral framework
People with disabilities continue to experience a disproportionately high level of state intervention in their private lives. Many disabled people's organisations have long sought to challenge this discriminatory approach and, in recent times, have relied upon the provisions of the UN Convention on the Rights of Persons with Disabilities in support of their claims. In this paper, we argue for the abolition of disability-specific legal bases for s…
The right to legal agency: Domination, disability and the protections of Article 12 of the Convention on the Rights of Persons with Disabilities
Article 12 of the Convention on the Rights of Persons with Disabilities has created a revolution in legal-capacity law reform. It protects the right to exercise legal agency for people with disabilities with more clarity than any prior human rights instrument. This paper explores what constitutes an exercise of legal agency and what exactly Article 12 protects. It proposes a definition of legal agency and applies it to the lived experience of cog…
The General Comment on Article 12 of the Convention on the Rights of Persons with Disabilities: A roadmap for equality before the law
This article examines General Comment No. 1 on the right to equal recognition before the law adopted by the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee). This general comment deals with the contentious right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. There has been much debate about how to secure the right to legal capacity of persons with di…
Understanding sex: The right to legal capacity to consent to sex
This article addresses the right to legal capacity to consent to sex of people with intellectual disabilities. Article 12 of the Convention on the Rights of Persons with Disabilities guarantees the right to legal capacity on an equal basis in all areas of life. This article discusses sex as an area of life in which people with intellectual disabilities are frequently not being granted legal capacity on an equal basis. The article examines current…
Legislating Consent: Creating an Empowering Definition of Consent to Sex That Is Inclusive of People With Cognitive Disabilities
In this article, we draw on our experiences of law reform in Ireland to explore how to create a definition of consent to sex that is inclusive of people with cognitive disabilities. Using critical disability studies and feminist theory, we set out the context in which capacity to consent to sex law is currently operating. We critique the law on the basis that it holds people with cognitive disabilities to a different standard of sexual decision-m…
Legislating personhood: Realising the right to support in exercising legal capacity
This paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities…
An empowering dependency: Exploring support for the exercise of legal capacity
The Convention on the Rights of People with Disabilities specifies that people with disabilities have the right to enjoy legal capacity on an equal basis with others and an accompanying duty of states parties to provide access to support for exercising legal capacity. This article uses moral philosophy to ground a discussion of personhood and supported decision-making. It discusses the cognitive prosthesis model as a possible structure for suppor…
The General Comment on Article 12 of the Convention on the Rights of Persons with Disabilities: A roadmap for equality before the law
This article examines General Comment No. 1 on the right to equal recognition before the law adopted by the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee). This general comment deals with the contentious right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. There has been much debate about how to secure the right to legal capacity of persons with di…
The right to legal agency: Domination, disability and the protections of Article 12 of the Convention on the Rights of Persons with Disabilities
Article 12 of the Convention on the Rights of Persons with Disabilities has created a revolution in legal-capacity law reform. It protects the right to exercise legal agency for people with disabilities with more clarity than any prior human rights instrument. This paper explores what constitutes an exercise of legal agency and what exactly Article 12 protects. It proposes a definition of legal agency and applies it to the lived experience of cog…
Legislating personhood: Realising the right to support in exercising legal capacity
This paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities…
Introducing a Human Rights-based Disability Research Methodology
Research has the potential to be a powerful tool for the realisation of the rights of disabled people. However, antiquated research practices continue to marginalise disabled people by excluding them from research; inadequately remunerating them for participation in research; undertaking research that assumes difference; and not including their voice in the leadership design or implementation of research. This article builds on emancipatory, part…
Legislating Consent: Creating an Empowering Definition of Consent to Sex That Is Inclusive of People With Cognitive Disabilities
In this article, we draw on our experiences of law reform in Ireland to explore how to create a definition of consent to sex that is inclusive of people with cognitive disabilities. Using critical disability studies and feminist theory, we set out the context in which capacity to consent to sex law is currently operating. We critique the law on the basis that it holds people with cognitive disabilities to a different standard of sexual decision-m…
Understanding sex: The right to legal capacity to consent to sex
This article addresses the right to legal capacity to consent to sex of people with intellectual disabilities. Article 12 of the Convention on the Rights of Persons with Disabilities guarantees the right to legal capacity on an equal basis in all areas of life. This article discusses sex as an area of life in which people with intellectual disabilities are frequently not being granted legal capacity on an equal basis. The article examines current…
State intervention in the lives of people with disabilities: The case for a disability-neutral framework
People with disabilities continue to experience a disproportionately high level of state intervention in their private lives. Many disabled people's organisations have long sought to challenge this discriminatory approach and, in recent times, have relied upon the provisions of the UN Convention on the Rights of Persons with Disabilities in support of their claims. In this paper, we argue for the abolition of disability-specific legal bases for s…
An empowering dependency: Exploring support for the exercise of legal capacity
The Convention on the Rights of People with Disabilities specifies that people with disabilities have the right to enjoy legal capacity on an equal basis with others and an accompanying duty of states parties to provide access to support for exercising legal capacity. This article uses moral philosophy to ground a discussion of personhood and supported decision-making. It discusses the cognitive prosthesis model as a possible structure for suppor…
Legislating personhood: Realising the right to support in exercising legal capacity
This paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities…
An empowering dependency: Exploring support for the exercise of legal capacity
The Convention on the Rights of People with Disabilities specifies that people with disabilities have the right to enjoy legal capacity on an equal basis with others and an accompanying duty of states parties to provide access to support for exercising legal capacity. This article uses moral philosophy to ground a discussion of personhood and supported decision-making. It discusses the cognitive prosthesis model as a possible structure for suppor…
The General Comment on Article 12 of the Convention on the Rights of Persons with Disabilities: A roadmap for equality before the law
This article examines General Comment No. 1 on the right to equal recognition before the law adopted by the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee). This general comment deals with the contentious right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. There has been much debate about how to secure the right to legal capacity of persons with di…
Understanding sex: The right to legal capacity to consent to sex
This article addresses the right to legal capacity to consent to sex of people with intellectual disabilities. Article 12 of the Convention on the Rights of Persons with Disabilities guarantees the right to legal capacity on an equal basis in all areas of life. This article discusses sex as an area of life in which people with intellectual disabilities are frequently not being granted legal capacity on an equal basis. The article examines current…
Legislating Consent: Creating an Empowering Definition of Consent to Sex That Is Inclusive of People With Cognitive Disabilities
In this article, we draw on our experiences of law reform in Ireland to explore how to create a definition of consent to sex that is inclusive of people with cognitive disabilities. Using critical disability studies and feminist theory, we set out the context in which capacity to consent to sex law is currently operating. We critique the law on the basis that it holds people with cognitive disabilities to a different standard of sexual decision-m…
Human Rights and Unfitness to Plead: The Demands of the Convention on the Rights of Persons with Disabilities
Findings of unfitness to plead can result in individuals with cognitive disabilities losing access to procedural safeguards in the criminal justice system. They can also lead to long periods of detention and, in some cases, indefinite detention of persons with cognitive disabilities in prisons and other secure facilities. This raises significant concerns with human rights breaches, including the rights to legal capacity, a fair trial and liberty.…
State intervention in the lives of people with disabilities: The case for a disability-neutral framework
People with disabilities continue to experience a disproportionately high level of state intervention in their private lives. Many disabled people's organisations have long sought to challenge this discriminatory approach and, in recent times, have relied upon the provisions of the UN Convention on the Rights of Persons with Disabilities in support of their claims. In this paper, we argue for the abolition of disability-specific legal bases for s…
The right to legal agency: Domination, disability and the protections of Article 12 of the Convention on the Rights of Persons with Disabilities
Article 12 of the Convention on the Rights of Persons with Disabilities has created a revolution in legal-capacity law reform. It protects the right to exercise legal agency for people with disabilities with more clarity than any prior human rights instrument. This paper explores what constitutes an exercise of legal agency and what exactly Article 12 protects. It proposes a definition of legal agency and applies it to the lived experience of cog…
Disability Human Rights Law 2018
Disability human rights law is a rapidly growing field. It merges critical disability studies, disability rights, and human rights to inform, identify, analyse, and create solutions to help protect the human rights of people with disabilities. This is the second volume of the Disability Human Rights Law edited collection. This volume delves deeper into this emerging field and begins to explore what human rights law means for people with disabilit…
From Safety Nets to Support Networks: Beyond ‘Vulnerability’ in Protection for Consumers with Cognitive Disabilities
This article considers the significance of the obligations in the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) for consumer protection law and policy. The current legal response to consumers who require additional decision-making support is primarily focused on mechanisms to release consumers classified as ‘vulnerable’ from transactions tainted by concerns about a lack of genuine consent. While these legal respons…
Enhancing early detection of cognitive impairment in the criminal justice system: Feasibility of a proposed method
Persons with cognitive impairment(s) are over-represented in the criminal justice system (CJS), yet many instances of cognitive impairment go undiagnosed. As this article outlines, it would be both desirable and feasible to use automated alerts to flag accused persons who may require assistance in interacting with the CJS either due to a confirmed or likely diagnosis of a cognitive impairment or other relevant condition. A proposed method to deve…
Right to legal capacity in therapeutic jurisprudence: Insights from critical disability theory and the convention on the rights of persons with disabilities
Introducing a Human Rights-based Disability Research Methodology
Research has the potential to be a powerful tool for the realisation of the rights of disabled people. However, antiquated research practices continue to marginalise disabled people by excluding them from research; inadequately remunerating them for participation in research; undertaking research that assumes difference; and not including their voice in the leadership design or implementation of research. This article builds on emancipatory, part…
Recognising personhood: The evolving relationship between the legal person and the state
Relational personhood: A conception of legal personhood with insights from disability rights and environmental law
People with disability have demanded the recognition of full legal personhood in order to realise their rights and to overcome dominance and oppression. Legal personhood is also being claimed for similar reasons for natural entities, including rivers, forests, and mountains. However, the prevailing neo-liberal understanding of legal personhood relies on the individual exercising personhood independently. This may not be enough to secure the inter…
Criminalisation of Sex with Disabled People with Cognitive Impairments in Commonwealth Countries: A Colonial Remnant that Interferes with the Human Right to Sexual Agency
Sexual offence laws in many Commonwealth jurisdictions criminalise sexual activity with disabled people with cognitive impairments. Many of these laws were created with the intent to protect disabled people with cognitive impairments from sexual abuse. However, they often preclude the possibility for the individual to consent to sexual activity. This preclusion from consenting to sex has the potential to create significant hardship for disabled p…
Law (16 works) · Political science (16 works) · Law (12 works) · Sociology (11 works) · Convention on the Rights of Persons with Disabilities (9 works) · Psychology (9 works) · Convention (8 works) · Disability Rights and Representation (8 works) · Law and economics (8 works) · Healthcare Decision-Making and Restraints (7 works)