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Legal Capacity, Disability and Human Rights
  • Language: en

Legal Capacity, Disability and Human Rights

  • Categories: Law
  • Type: Book
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  • Published: 2023-09-15
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  • Publisher: Intersentia

This book comprises chapters by key legal scholars and practitioners from the Americas, Europe, Asia, Oceania and Africa. It examines the evolution, theoretical constructs and institutional features of legal capacity, as well as the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law. The book also explores emerging and persistent legal questions, as well as the challenges in conceiving, designing and implementing more comprehensive reforms in legal capacity regimes.

Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)
  • Language: en
  • Pages: 839

Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)

  • Categories: Law

This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Ar...

Supporting Legal Capacity in Socio-Legal Context
  • Language: en
  • Pages: 337

Supporting Legal Capacity in Socio-Legal Context

  • Categories: Law

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 (CRP...

Infamia
  • Language: en
  • Pages: 314

Infamia

  • Type: Book
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  • Published: 1894
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  • Publisher: Unknown

None

Disability, Divers-ability and Legal Change
  • Language: en
  • Pages: 428

Disability, Divers-ability and Legal Change

  • Categories: Law
  • Type: Book
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  • Published: 2021-09-27
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  • Publisher: BRILL

This text ventures into the area where law and disability intersect. Drawing on developments in the emerging field of disability studies and on a new-found human rights perspective on disability, the contributions traverse topics as wide-ranging as citizenship, feminism, eugenics, euthanasia, and sexual abuse of people with disabilities, and analyze disability law at both a domestic and international level. Informed by the social model of disability, this work brings together academics and disability activists from Australia, Europe and North America. The book is interdisciplinary in nature, with contributors coming from sociology, education, law, geography, philosophy, and cultural studies.

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...

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...

Mental Health, Legal Capacity, and Human Rights
  • Language: en
  • Pages: 451

Mental Health, Legal Capacity, and Human Rights

  • Categories: Law

Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.

Roman Law in Context
  • Language: en
  • Pages: 167

Roman Law in Context

Roman Law in Context explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. The book discusses three main areas of Roman law and life: the family and inheritance; property and the use of land; commercial transactions and the management of businesses. It also deals with the question of litigation and how readily the Roman citizen could assert his or her legal rights in practice. In addition it provides an introduction to using the main sources of Roman law. The book ends with an epilogue discussing the role of Roman law in medieval and modern Europe, a bibliographical essay, and a glossary of legal terms. The book involves the minimum of legal technicality and is intended to be accessible to students and teachers of Roman history as well as interested general readers.

This Ability
  • Language: en
  • Pages: 366

This Ability

  • Categories: Law

This Ability is Cotter's third book in a series dealing with discrimination law. Having looked at the theme of 'gender discrimination' in Gender Injustice and 'race discrimination' in Race Matters, this further installment takes a similar approach and structure to illustrate comparisons and contradictions in discrimination law. Disability Law is an increasingly important area in combating disability discrimination. This Ability provides readers with a better understanding of the issue of inequality and aims to increase the likelihood of achieving equality at both the national and international levels for those with disabilities while at the same time educating those without disabilities. The work examines the primary role of legislation and its impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. By providing a detailed examination of the relationship between disability issues and the law, this book will be an important read for those concerned with equality.