THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE LEGAL CAPACITY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES – CONTEMPORARY CHALLENGES
The first international document to be adopted in the field of human rights protection in the 21st century was the Convention on the rights of persons with disabilities. It imposes on its parties the obligation to create conditions that will enable persons with psychosocial disabilities to finally...
| Main Authors: | , |
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| Format: | Article |
| Language: | deu |
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University of Rijeka, Faculty of Law
2020-01-01
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| Series: | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
| Subjects: | |
| Online Access: | https://hrcak.srce.hr/file/364892 |
| _version_ | 1797207069764354048 |
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| author | Sandra Fabijanić Gagro Marissabell Škorić |
| author_facet | Sandra Fabijanić Gagro Marissabell Škorić |
| author_sort | Sandra Fabijanić Gagro |
| collection | DOAJ |
| description | The first international document to be adopted in the field of human rights protection in the 21st century was the Convention on the rights of persons with disabilities. It imposes on its parties the obligation to create conditions
that will enable persons with psychosocial disabilities to finally exercise their rights, will, and preferences on an equal basis with other members of society. The paper is divided into two parts: the first presents the new concept of legal capacity prescribed in Art. 12, in which the role of the state is seen through the commitments to implement faster and more efficient paradigm shifts in the approach to protecting the rights of these persons and the shift from substitute to supported decision-making. The second part deals with the interpretation and application of Art. 12 in the States Parties. Special attention will be paid to the challenges faced by states and how successfully they meet their obligations under the Convention through the elaboration of individual states’ reports on the implementation of Art. 12 and the views and recommendations of the Committee for the protection of persons with disabilities. |
| first_indexed | 2024-04-24T09:17:03Z |
| format | Article |
| id | doaj.art-6b5dab6ee63749dba070c5a587c8887f |
| institution | Directory Open Access Journal |
| issn | 1330-349X 1846-8314 |
| language | deu |
| last_indexed | 2024-04-24T09:17:03Z |
| publishDate | 2020-01-01 |
| publisher | University of Rijeka, Faculty of Law |
| record_format | Article |
| series | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
| spelling | doaj.art-6b5dab6ee63749dba070c5a587c8887f2024-04-15T16:46:31ZdeuUniversity of Rijeka, Faculty of LawZbornik Pravnog Fakulteta Sveučilišta u Rijeci1330-349X1846-83142020-01-0141375977710.30925/zpfsr.41.3.5THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE LEGAL CAPACITY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES – CONTEMPORARY CHALLENGESSandra Fabijanić Gagro0Marissabell Škorić1University of Rijeka, Faculty of Law, Rijeka, CroatiaUniversity of Rijeka, Faculty of Law, Rijeka, CroatiaThe first international document to be adopted in the field of human rights protection in the 21st century was the Convention on the rights of persons with disabilities. It imposes on its parties the obligation to create conditions that will enable persons with psychosocial disabilities to finally exercise their rights, will, and preferences on an equal basis with other members of society. The paper is divided into two parts: the first presents the new concept of legal capacity prescribed in Art. 12, in which the role of the state is seen through the commitments to implement faster and more efficient paradigm shifts in the approach to protecting the rights of these persons and the shift from substitute to supported decision-making. The second part deals with the interpretation and application of Art. 12 in the States Parties. Special attention will be paid to the challenges faced by states and how successfully they meet their obligations under the Convention through the elaboration of individual states’ reports on the implementation of Art. 12 and the views and recommendations of the Committee for the protection of persons with disabilities.https://hrcak.srce.hr/file/364892Convention on the rights of persons with disabilitiespeople with psychosocial disabilitieslegal capacitystates’ reportssubstitute and supported decision-making |
| spellingShingle | Sandra Fabijanić Gagro Marissabell Škorić THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE LEGAL CAPACITY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES – CONTEMPORARY CHALLENGES Zbornik Pravnog Fakulteta Sveučilišta u Rijeci Convention on the rights of persons with disabilities people with psychosocial disabilities legal capacity states’ reports substitute and supported decision-making |
| title | THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE LEGAL CAPACITY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES – CONTEMPORARY CHALLENGES |
| title_full | THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE LEGAL CAPACITY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES – CONTEMPORARY CHALLENGES |
| title_fullStr | THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE LEGAL CAPACITY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES – CONTEMPORARY CHALLENGES |
| title_full_unstemmed | THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE LEGAL CAPACITY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES – CONTEMPORARY CHALLENGES |
| title_short | THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE LEGAL CAPACITY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES – CONTEMPORARY CHALLENGES |
| title_sort | convention on the rights of persons with disabilities and the legal capacity of persons with psychosocial disabilities contemporary challenges |
| topic | Convention on the rights of persons with disabilities people with psychosocial disabilities legal capacity states’ reports substitute and supported decision-making |
| url | https://hrcak.srce.hr/file/364892 |
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