Situating the right to enjoy legal capacity / Rosie Harding, Mary Donnelly and Ezgi Tasʹcioglu -- Support relationships in law : framing, fictions and the responsive state / Mary Donnelly -- The problem of influence : autonomy, legal capacity and the risk of theoretical incoherence / Amanda Keeling -- The significance of strong evaluation and narrativity in supporting capacity / Camillia Kong -- Functional capacity assessments by healthcare professionals : problems and mitigating strategies / Shaun O'Keeffe -- Charting a path to non-coercive mental healthcare : the rhizomatic nature of universal legal capacity and the support paradigm / Suzanne Doyle Guilloud -- The (contested) role of the academy in activist movements for legal capacity reform : a personal reflection / Eilionoir Flynn -- Enabling supported decision-making in India's Mental Healthcare Act, 2017 : learnings from a low-resource country setting / Soumitra Pathare and Arjun Kapoor -- Reflections on the reform of Spanish Civil Legislation on Legal Capacity of Persons with Disabilities / Patricia Cuenca Gomez -- Adapting or discarding the status quo? Supporting the exercise of legal capacity in Scottish Law and Practice / Jill Stavert -- Performing disability rights : state reporting and Turkey's (non)engagement with the CRPD / Ezgi Tasʹcioglu -- Autonomy of a person under guardianship : self-determination in the theory and practice of Guardianship Law in Finland / Anna Maki-Petaja-Leinonen -- Autonomy, capacity, and vulnerability : making decisions on social services for persons with Dementia in Sweden / Titti Mattsson -- Law's legitimacy and social work support in safeguarding adults at risk of abuse in England / Jaime Lindsey -- Putting the pieces together : Article 12, 'safeguarding' and the right to legal capacity / Margaret Isabel Hall -- Supporting everyday legal capacity : navigating the complexities of putting rights into practice / Rosie Harding.
Summary:
"This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.