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fbtwitterlinkedinvimeoflicker grey 14rssslideshare1
Jill Stavert (2015)
Publisher: MDPI
Journal: Laws
Types: Article
Subjects: Centre for Mental Health and Capacity Law, Mental health, human rights, Article 12 CRPD; exercise of legal capacity; supported decision-making; will and preferences; human rights; Scottish legislation, Article 12 CRPD, Wellbeing, K Law, Learning disabilities, will and preferences, Law, exercise of legal capacity, supported decision-making, K, supported decision-makingwill and preferences, KDC Scotland, Scottish legislation, 340 Law
jel: jel:F42, jel:E62, jel:K0, jel:E61, jel:K1, jel:K4, jel:K2, jel:K3, jel:F13, jel:D78
Article 12 of the UN Convention on the Rights of Persons with Disabilities, particularly as interpreted in the Committee on the Rights of Persons with Disabilities General Comment No. 1, presents a significant challenge to all jurisdictions that equate interventions permitted under their mental health and incapacity laws with mental capacity. This is most notable in terms of the General Comment’s requirement that substitute decision-making regimes must be abolished. Notwithstanding this, it also offers the opportunity to revisit conceptions about the exercise of legal capacity and how this might be better supported and extended through supported decision-making. This article will offer some preliminary observations on this using Scottish mental health and incapacity legislation as an illustration although this may also have relevance to other jurisdictions.
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