Global Perspectives on Legal Capacity Reform: Our Voices, Our Stories (Routledge Research in Human Rights Law)

Présentation de l'éditeur : "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." Cover Half Title Title Page Copyright Page Dedication Contents Foreword About the project Acknowledgements Notes on contributors 1 Theoretical framework for the VOICES Project 2 Project methodology and background PART 1 Criminal responsibility – diversion and the insanity defence 3 Introduction to criminal responsibility 4 Going to pot: Nick’s journey through the criminal justice system 5 Questions of criminal culpability and persons with disabilities 6 Conclusion: criminal responsibility PART 2 Contractual capacity – inheritance, property and everyday decision making 7 Introduction to contractual capacity 8 I have the strength to speak up for myself: nikona nguvu ya kujiongelelea 9 Silenced, alone, powerless: my life as a Ward of Court in Ireland 10 ‘The law is very complicated...’ 11 Travel and dementia: one story, many rights 12 I had one dream – to buy a simple smartphone 13 From institutional life to home ownership: a personal story demonstrating the power of support to enable the exercise of legal capacity 14 Conclusion: contractual capacity PART 3 Relationships and consent to sex 15 Introduction to relationships and consent to sex 16 ‘My sister is married. Why can’t I get married?’ 17 Dreaming of travelling – dreaming of freedom 18 Conclusion: relationships and consent to sex PART 4 Consent to medical treatment – mental health and forced treatment 19 Introduction to consent to medical treatment 20 This is not a story: from ethical loneliness to respect for diverse ways of knowing, thinking and being 21 Getting sucked out of the black hole of India’s legal mental health machinery 22 Consent is more than just yes or no 23 The humour in my tumour: respecting legal capacity in health-care decision-making 24 Conclusion: consent to medical treatment 25 Freedom: a work in progress 26 Overall conclusion Index Présentation de l'éditeur : "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."