Legislating Consent
Creating an Empowering Definition of Consent to Sex That Is Inclusive of People With Cognitive Disabilities
Bibliographic Data
| ID | 12282902 |
|---|---|
| Authors | Anna Arstein-Kerslake (0000-0002-8411-9724, The University of Melbourne), Eilionóir Flynn (0000-0002-2157-3655, Ollscoil na Gaillimhe – University of Galway, corresponding author) |
| Year | 2015 |
| Volume | 25 |
| Issue | 2 |
| Pages | 225-248 |
| Publication date | 2015-08-17 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Social & Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 0964-6639 • E-ISSN: 1461-7390 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/0964663915599051 |
| OpenAlex | W1826131107 |
| Language | EN |
| Citations received | 9 |
| References cited | 19 |
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-making than others. We tell the story of the movement in Ireland to reform such law and our experiences working collaboratively with artists, disabled people’s organizations and parliamentarians to achieve change
Cognition · Context (archaeology · Disabled people · Law reform · Political science · Set (abstract data type · Sociology · Applied Psychology · Child Abuse and Trauma · Disability Rights and Representation · Feminism, Gender, and Sexuality Studies · Gender Studies · History · Law · Psychology
Right to legal capacity in therapeutic jurisprudence
(Un)blurred lines? Sex, disability, and the dynamic boundaries of mental capacity law
Relational personhood
Freedom to negotiate
Prohibited by Pity
Developing Vulnerability
Looking Back, Looking Forward
Anticipatory discrimination
You have the right to love and be loved
Sexual Politics of Disability
Sexual abuse in a national survey of adult men and women
The Sex Right
Women With Disabilities’ Experience With Physical and Sexual Abuse
Disabled people's self-organisation
Comment from the Field
Legislating personhood
Understanding the complex negotiations in fulfilling the right to independent living for disabled people
What a Difference a Decade Makes
Parasites, Pawns and Partners
Asylums
| Unique citing works | 9 |
|---|---|
| Citations per year | 0,9 |
| Citation span | 2016 - 2025 (10) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 9 |