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Legal Capacity & Gender
  • Language: en
  • Pages: 165

Legal Capacity & Gender

  • Categories: Law

This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predi...

Restoring Voice to People with Cognitive Disabilities
  • Language: en
  • Pages: 272

Restoring Voice to People with Cognitive Disabilities

  • Categories: Law

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 achieving such equality.

The Right to Legal Personhood of Marginalised Groups
  • Language: en
  • Pages: 160

The Right to Legal Personhood of Marginalised Groups

  • Categories: Law

Legal personhood is required for voting, marrying, inheriting, contracting, consenting, and other critical social acts that can be predicates to power and privilege. The Right to Legal Personhood of Marginalised Groups addresses personhood and legal capacity as human rights issues, in particular as they relate to disabled people, migrant groups, indigenous peoples, racial minorities, women, and gender minorities. The concepts of personhood, legal capacity, and agency have conflicting definitions in the literature, and there is a lack of clarity regarding their application. Dr. Anna Arstein-Kerslake brings her expertise as a renowned thinker in the areas of human rights, disability rights, ge...

The Right to Legal Personhood of Marginalised Groups
  • Language: en

The Right to Legal Personhood of Marginalised Groups

  • Categories: Law
  • Type: Book
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  • Published: 2024-11-22
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  • Publisher: Unknown

This book argues that equal recognition before the law is the key to achieving social equality for marginalised groups. It examines how the law denies equal recognition to members of marginalised groups through denials of their legal personhood and legal agency and how we can use human rights law to address these wrongs.

Global Perspectives on Legal Capacity Reform
  • Language: en
  • Pages: 290

Global Perspectives on Legal Capacity Reform

  • Categories: Law
  • Type: Book
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  • Published: 2018-07-20
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  • Publisher: Routledge

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 support...

The Cambridge Companion to Human Rights Law
  • Language: en
  • Pages: 373

The Cambridge Companion to Human Rights Law

  • Categories: Law

Captures the essence of the multi-layered subject of human rights law in a way that is authoritative, critical and scholarly.

Routledge Handbook of Disability Law and Human Rights
  • Language: en
  • Pages: 280

Routledge Handbook of Disability Law and Human Rights

  • Categories: Law
  • Type: Book
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  • Published: 2016-07-07
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  • Publisher: Routledge

This handbook provides a comprehensive and authoritative state-of-the-art review of the current and emerging research and policy on disability law. Bringing together a team of respected and experienced experts, the handbook offers a range of jurisdictional and multidisciplinary perspectives. The authors consider historical and contemporary, as well as comparative perspectives of disability law. Divided into three parts, the contributors provide a comprehensive reference to the theoretical underpinnings, ongoing debates and emerging fields within the subject. The study provides a strong basis for consideration of contemporary disability law, its research foundations, and progressive developme...

Disability Law and Policy
  • Language: en

Disability Law and Policy

  • Type: Book
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  • Published: 2017
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  • Publisher: Unknown

"This book evolved from an event entitled 'Global PhD and Researchers Colloquium on Disability Law & Policy' organised by the Centre for Disability Law and Policy in NUI Galway in April 2010"--Introduction.

Supported Decision-Making
  • Language: en
  • Pages: 323

Supported Decision-Making

  • Categories: Law

Integrates research, theory, and practice in supported decision-making and describes implications for supports provision in the disability field.

The United Nations Convention on the Rights of Persons with Disabilities
  • Language: en
  • Pages: 776

The United Nations Convention on the Rights of Persons with Disabilities

  • Categories: Law
  • Type: Book
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  • Published: 2017-01-20
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  • Publisher: Springer

This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the t...