Franklin

Restoring voice to people with cognitive disabilities : realizing the right to equal recognition before the law / Anna Arstein-Kerslake.

Author/Creator:
Arstein-Kerslake, Anna, author.
Publication:
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2017. , ©2017
Series:
Cambridge disability, law and policy series.
Cambridge Disability Law And Policy Series
Format/Description:
Book
xxii, 249 pages ; 24 cm.
Subjects:
Convention on the Rights of Persons with Disabilities and Optional Protocol (2007 March 30)
People with disabilities -- Legal status, laws, etc.
Cognition disorders -- Law and legislation.
LAW / General.
Summary:
"The right to make decisions is important for every individual. It allows us to express ourselves, discover our likes and dislikes, and lead our lives in the way we desire. People with cognitive disability have historically been denied this right in many different ways - sometimes informally by family members or carers, and other times formally by a courtroom or other legal authority. This book provides a discussion of the importance of decision-making and the ways in which it is currently denied to people with cognitive disability. It identifies the human right to equal recognition before the law as the key to ensuring the equal right to decision-making of people with cognitive disabilities. Looking to the future, it also provides a roadmap to achieve such equality"-- Provided by publisher.
"This book provides a discussion of the importance of decision-making and the ways in which it is currently denied to people with cognitive disability. It identifies the human right to equal recognition before the law as the key to ensuring the equal right to decision-making of people with cognitive disabilities. Looking to the future, it also provides a roadmap to achieve such equality"-- Provided by publisher.
Contents:
Theoretical and historical foundations of the right to equal recognition before the law
The meaning of the right : interpreting Article 12 of the CRPD
The significance of Article 12 of the CRPD : legal capacity as legal personhood and the importance of autonomy
Theoretical tensions in Article 12 of the CRPD : autonomy versus paternalism and liberty versus social support
Denying legal capacity to people with cognitive disability
Case law and the right to legal capacity
Right to legal capacity in all aspects of life
The nature of the support paradigm for people with cognitive disabilities
Good practice in supports for the exercise of legal capacity
Future directions in research and the pragmatics of change.
Notes:
Includes bibliographical references and index.
ISBN:
9781107141421
1107141427
OCLC:
969829326
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