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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...
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...
This book provides a ground-breaking discussion of the human right to make decisions in our own lives.
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws
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.
Captures the essence of the multi-layered subject of human rights law in a way that is authoritative, critical and scholarly.
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...
Integrates research, theory, and practice in supported decision-making and describes implications for supports provision in the disability field.
"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.
While the civil rights movement has put disability issues centre-stage, there has been minimal discussion of disabled people's sexuality. This book, based on first-hand accounts, takes a close look at questions of identity, relationships, sex, love, parenting and abuse and demolishes the taboo around disability and sex. It shows the barriers to disabled people's sexual rights and sexual expression, and also the ways in which these obstacles are being challenged. Variously moving, angry, funny and proud, The Sexual Politics of Disability is about disabled people sharing their stories and claiming their place as sexual beings. It is a pioneering work, and essential reading for anyone interested in disability or sexual politics.