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The Capacity Contract
In the first sustained examination of disability through the lens of political theory, The Capacity Contract shows how the exclusion of disabled people has shaped democratic politics. Stacy Clifford Simplican demonstrates how disability buttresses systems of domination based on race, sex, and gender. She exposes how democratic theory and politics have long blocked from political citizenship anyone whose cognitive capacity falls below a threshold level⎯marginalization with real-world repercussions on the implementation of disability rights today. Simplican’s compelling ethnographic analysis of the self-advocacy movement describes the obstacles it faces. From the outside, the movement must...
Mental Capacity
This new edition has been comprehensively revised by a team of experienced contributors to provide coverage of all the latest developments in legislation, procedure and case law, including: The reissued Court of Protection Rules (and accompanyingPractice Directions) which took effect in December 2017; The Law Commission Recommendations on Deprivation of Liberty; A completely new chapter on the important topic of Representation and Participation of P; An extensively updated chapter on the International Protection of Adults, with the addition of a new section on Ordinary Residence. Mental Capacity: Law and Practice provides an authoritative commentary, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses. This book is essential reading for all private client lawyers, chancery practitioners, non-contentious lawyers, local authorities and healthcare professionals.
The Spaces of Mental Capacity Law
This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of men...
The Development of Disability Rights Under International Law
The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East t...
Mental Capacity Act 2005 code of practice
The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
Legal Capacity, Disability and Human Rights
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.
Human Rights and Constitution Making
"This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.
Capacity Toolkit
"... Aims to assist people in correctly identifying whether an individual has the capacity to make their own decisions."--P. 6.
Overcoming Challenges in the Mental Capacity Act 2005
This book provides mental capacity practitioners with accessible ethical guidance and applicable tools for applying the Mental Capacity Act (MCA) 2005. It shows how clients' relationships can impact their capacity in positive and negative ways, and which communication skills practitioners can use to enable and empower those with impairment. It also covers how to engage in self-reflection and transparent debate about values to improve the quality of assessments. Helping practitioners interpret complex issues of mental capacity in the most beneficial way for clients, this book is essential reading for students and practitioners of law, medicine, mental health services and social care.
The UN Convention on the Rights of Persons with Disabilities
This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.
