Navigating the 'Flashing Amber Lights' of the Right to Legal Capacity in the United Nations Convention on the Rights of Persons with Disabilities
Responding to Major Concerns
Bibliographic Data
| ID | 7801101 |
|---|---|
| Authors | Piers Gooding (0000-0001-5743-5708, The University of Melbourne, corresponding author) |
| Year | 2015 |
| Volume | 15 |
| Issue | 1 |
| Pages | 45-71 |
| Publication date | 2015-03-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngu045 |
| OpenAlex | W2005333500 |
| Language | EN |
| Citations received | 17 |
In recent years, the enumeration of the right to legal capacity in the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) has caused considerable controversy. The adoption of General Comment No. 1 by the UN Committee on the Rights of Persons with Disabilities (‘CRPD Committee’) in April 2014 sheds new light on major debates in the field, particularly regarding implementation measures to fulfill the obligation of States Parties to provide people with disabilities with ‘support to exercise legal capacity’ on an equal basis with others. This interpretive guidance builds upon the CRPD framework for achieving equal recognition before the law for people with disabilities. Yet commentators have criticised both the CRPD Committee’s interpretation and the enumeration of Article 12 in the CRPD itself, as wanting in key respects. This article draws on the General Comment No. 1 to list and respond to major concerns raised about the obligation of States Parties to provide people with disabilities the support they may require in exercising their legal capacity. The list of concerns and counter-arguments are set against a broad range of implementation measures from domestic law and policy from around the world.
Convention · Convention on the Rights of Persons with Disabilities · Interpretation (philosophy) · Obligation · Political science · Disability Rights and Representation · Discrimination and Equality Law · Human Rights and Immigration · Law · Public Administration
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Rethinking health care cultures in community services
Anything Goes? Analyzing Varied Understandings of Assent
Assessing mental capacity in the context of abuse and neglect
An empirical study of actions on custodianship in Hungary
Supported Decision-Making from Theory to Practice
Recognising legal capacity
The right to legal agency
On the Role Conflict of Social Workers in Lithuania Dealing with the Issue of Legal Capacity of Persons with Disabilities
Safeguarding People Living with Dementia
Affect, Autonomy, Authenticity, and the Assessment of Decision‐Making Capacity
| Unique citing works | 17 |
|---|---|
| Citations per year | 1,55 |
| Citation span | 2015 - 2026 (12) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 15 |