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Global Perspectives on Legal Capacity Reform: Our Voices, Our Stories

Edited by: Eilionoir Flynn, Anna Arstein-Kerslake, Clíona de Bhailís, Maria Laura Serra

ISBN13: 9781138298910
Published: August 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



Despatched in 4 to 6 days.

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.

Subjects:
Human Rights and Civil Liberties
Contents:
Foreword
About the Project
Acknowledgments
Notes on Contributors
1. Theoretical Framework
Clíona de Bhailís
2. Project Methodology & Background
Eilionóir Flynn

Part 1: Criminal Responsibility – Diversion & the Insanity Defence
3. Introduction toCriminal Responsibility
Anna Arstein-Kerslake
4. Going to pot: Nick’s journey through the criminal justice system
Nicholas Clarke, Chloe Hocking and Nell Munro
5. Questions of Criminal Culpability and Persons with Disabilities
Amita Dhanda and Gabor Gombos
6. Conclusion: Criminal Responsibility
Anna Arstein-Kerslake

Part 2: Contractual Capacity – Inheritance, Property & Everyday Decision Making
7. Introduction to Contractual Capacity
Clíona de Bhailís
8. I have the strength to speak up for myself
Nikona nguvu ya kujiongelelea.
Joy Rehema and Emer O’Shea
9. Silenced, Alone, Powerless: My Life as a Ward of Court in Ireland
Claire Hendrick and Donna Mc Namara
10. "The law is very complicated…"
Dermot Lowndes and Jan Strnad
11. Travel and dementia: one story, many rights.
Helen Rochford Brennan and Moira Jenkins
12. Consumer Law, Contracts & Support: I had one dream – to buy a simple smartphone
Marieta Petrova and Aylin Yumerova
13. From Institutional Life to Home Ownership: a personal story demonstrating the power of support to enable the exercise of legal capacity
Paul Alford and Michelle Browning
14. Conclusion: Contractual Capacity
Clíona de Bhailís

Part 3: Relationships and Consent to Sex
15. Introduction to Relationships and Consent to Sex
María Laura Serra
16. Marriage and Intellectual Disability in Ireland: "My sister is married, why can’t I get married?"
Maria Mahony and Sarah Richardson
17. Dreaming of traveling – Dreaming of freedom: Relationships and the Right to Support
Ronnie Harris and Jana Offergeld
18. Conclusion: Relationships and Consent to Sex
María Laura Serra
Part 4: Consent to Medical Treatment – Mental Health & Forced Treatment
19. Introduction to Consent to Medical Treatment
Eilionóir Flynn
20. This is Not a Story: From Ethical Loneliness to Respect for Diverse Ways of Knowing, Thinking and Being
Cath Roper and Piers Gooding
21. Getting sucked out of that black hole termed India’s legal mental health machinery
Lavanya Seshayee and Maths Jesperson
22. Consent is More than Just Yes or No
Fiona Anderson and Bo Chen
23. The Humour in my Tumour: Respecting Legal Capacity in Health Care Decision Making
Reshma Vallippan and Roxanne Mykitiuk
24. Conclusion: Consent to Medical Treatment
Eilionóir Flynn
25. Freedom: A Work in Progress
Rusi Stanev and Sheila Wildeman
26. Overall Conclusion
Eilionóir Flynn

Index

Series: Routledge Research in Human Rights Law

The Law and Practice of the European Social Committee ISBN 9780415834650
To be published December 2023
Routledge
£85.00
Jurisdiction, Immunity and Transnational Human Rights Litigation ISBN 9780415666381
To be published December 2023
Routledge
£105.00
The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
To be published December 2022
Routledge
£90.00
Capturing Caste in Law: The Legal Regulation of Caste Discrimination ISBN 9781138807761
To be published March 2022
Routledge
£120.00
Executive Clemency: Comparative and Empirical Perspectives (eBook) ISBN 9781000082258
Published July 2020
Routledge
£30.83
(ePub)
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Executive Clemency: Comparative and Empirical Perspectives ISBN 9780367243579
Published July 2020
Routledge
£120.00
Human Rights and America's War on Terror ISBN 9780367499037
Published February 2020
Routledge
£36.99
Critical Indigenous Rights Studies ISBN 9780367481353
Published January 2020
Routledge
£36.99
Criminal Theory and International Human Rights Law ISBN 9780367182274
Published October 2019
Routledge
£120.00
Criminal Punishment and Human Rights: Convenient Morality (eBook) ISBN 9780429861475
Published March 2019
Routledge
£30.83
(ePub)
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Criminal Punishment and Human Rights: Convenient Morality ISBN 9781138625792
Published March 2019
Routledge
£120.00
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley (eBook) ISBN 9781351180016
Published February 2019
Routledge
£30.83
(ePub)
Buy
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley ISBN 9780815385844
Published February 2019
Routledge
£120.00
Human Rights in the Media: Fear and Fetish (eBook) ISBN 9781317239482
Published January 2019
Routledge
£30.83
(ePub)
Buy
Human Rights in the Media: Fear and Fetish ISBN 9781138645813
Published January 2019
Routledge
£120.00
Critical Indigenous Rights Studies (eBook) ISBN 9781351747554
Published August 2018
Routledge
£30.83
(ePub)
Buy
Critical Indigenous Rights Studies ISBN 9781138729339
Published August 2018
Routledge
£120.00
£42.99
Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
Published January 2018
Routledge
£42.99
Freedom from Religion and Human Rights Law ISBN 9781138632967
Published November 2017
Routledge
£125.00
£32.49
(ePub)
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The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
Routledge
£130.00
£125.00
Out of print
Care, Migration and Human Rights: Law and Practice ISBN 9781138701847
Published January 2017
Routledge
£44.99
Resolving Conflicts between Human Rights: The Judge's Dilemma ISBN 9781138658011
Published November 2016
Routledge
£125.00
Resolving Conflicts between Human Rights: The Judge's Dilemma (eBook) ISBN 9781317218678
Published November 2016
Routledge
£32.49
(ePub)
Buy
£46.99
Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
Published June 2016
Routledge
£125.00
£35.82
(ePub)
Buy
Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
Routledge
£42.99
£125.00
£35.82
(ePub)
Buy
£125.00
Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
Published February 2015
Routledge
£37.49
(ePub)
Buy
Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
Published February 2015
Routledge
£125.00
China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
Published December 2014
Routledge
£125.00
China's Human Rights Lawyers and Contemporary Chinese Law (eBook) ISBN 9781134450688
Published December 2014
Routledge
£33.32
(ePub)
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£39.16
(ePub)
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£125.00
£34.99
Human Rights Law and Personal Identity ISBN 9780415529723
Published June 2014
Routledge
£125.00
Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
Published June 2014
Routledge
£35.82
(ePub)
Buy
Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
Published April 2014
Routledge
£35.82
(ePub)
Buy
Nomadic Peoples and Human Rights ISBN 9780415526968
Published April 2014
Routledge
£125.00
Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
Routledge
£32.49
(ePub)
Buy
Litigating Transnational Human Rights Obligations ISBN 9780415858113
Published October 2013
Routledge
£130.00
Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415715270
Published July 2013
Routledge
£46.99
£125.00
£29.16
(ePub)
Buy
The EU as a ‘Global Player’ in Human Rights?
Edited by: Jan Wetzel
ISBN 9780415587051
Published February 2012
Routledge
£125.00
The EU as a ‘Global Player’ in Human Rights? (eBook)
Edited by: Jan Wetzel
ISBN 9781136455292
Published February 2012
Routledge
£29.16
(ePub)
Buy
£39.16
(ePub)
Buy
Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
Published January 2012
Routledge
£125.00
Human Rights Monitoring Mechanisms of the Council of Europe ISBN 9780415581622
Published July 2011
Routledge
£125.00
Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
Published July 2011
Routledge
£32.49
(ePub)
Buy