The Exercise of Legal Capacity, Supported Decision-Making and Scotland’s Mental Health and Incapacity Legislation: Working with CRPD Challenges
Article 12 of the UN Convention on the Rights of Persons with Disabilities, particularly as interpreted in the Committee on the Rights of Persons with Disabilities General Comment No. 1, presents a significant challenge to all jurisdictions that equate interventions permitted under their mental heal...
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| Format: | Article |
| Language: | English |
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MDPI AG
2015-06-01
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| Series: | Laws |
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| Online Access: | http://www.mdpi.com/2075-471X/4/2/296 |
| _version_ | 1811184276623851520 |
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| author | Jill Stavert |
| author_facet | Jill Stavert |
| author_sort | Jill Stavert |
| collection | DOAJ |
| description | Article 12 of the UN Convention on the Rights of Persons with Disabilities, particularly as interpreted in the Committee on the Rights of Persons with Disabilities General Comment No. 1, presents a significant challenge to all jurisdictions that equate interventions permitted under their mental health and incapacity laws with mental capacity. This is most notable in terms of the General Comment’s requirement that substitute decision-making regimes must be abolished. Notwithstanding this, it also offers the opportunity to revisit conceptions about the exercise of legal capacity and how this might be better supported and extended through supported decision-making. This article will offer some preliminary observations on this using Scottish mental health and incapacity legislation as an illustration although this may also have relevance to other jurisdictions. |
| first_indexed | 2024-04-11T13:09:38Z |
| format | Article |
| id | doaj.art-bb1f39653b3e476a95ae85c2690d4a80 |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-04-11T13:09:38Z |
| publishDate | 2015-06-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-bb1f39653b3e476a95ae85c2690d4a802022-12-22T04:22:37ZengMDPI AGLaws2075-471X2015-06-014229631310.3390/laws4020296laws4020296The Exercise of Legal Capacity, Supported Decision-Making and Scotland’s Mental Health and Incapacity Legislation: Working with CRPD ChallengesJill Stavert0Centre for Mental Health and Incapacity Law, Rights and Policy, The Business School, Edinburgh Napier University, Edinburgh EH14 1DJ, ScotlandArticle 12 of the UN Convention on the Rights of Persons with Disabilities, particularly as interpreted in the Committee on the Rights of Persons with Disabilities General Comment No. 1, presents a significant challenge to all jurisdictions that equate interventions permitted under their mental health and incapacity laws with mental capacity. This is most notable in terms of the General Comment’s requirement that substitute decision-making regimes must be abolished. Notwithstanding this, it also offers the opportunity to revisit conceptions about the exercise of legal capacity and how this might be better supported and extended through supported decision-making. This article will offer some preliminary observations on this using Scottish mental health and incapacity legislation as an illustration although this may also have relevance to other jurisdictions.http://www.mdpi.com/2075-471X/4/2/296Article 12 CRPDexercise of legal capacitysupported decision-makingwill and preferenceshuman rightsScottish legislation |
| spellingShingle | Jill Stavert The Exercise of Legal Capacity, Supported Decision-Making and Scotland’s Mental Health and Incapacity Legislation: Working with CRPD Challenges Laws Article 12 CRPD exercise of legal capacity supported decision-making will and preferences human rights Scottish legislation |
| title | The Exercise of Legal Capacity, Supported Decision-Making and Scotland’s Mental Health and Incapacity Legislation: Working with CRPD Challenges |
| title_full | The Exercise of Legal Capacity, Supported Decision-Making and Scotland’s Mental Health and Incapacity Legislation: Working with CRPD Challenges |
| title_fullStr | The Exercise of Legal Capacity, Supported Decision-Making and Scotland’s Mental Health and Incapacity Legislation: Working with CRPD Challenges |
| title_full_unstemmed | The Exercise of Legal Capacity, Supported Decision-Making and Scotland’s Mental Health and Incapacity Legislation: Working with CRPD Challenges |
| title_short | The Exercise of Legal Capacity, Supported Decision-Making and Scotland’s Mental Health and Incapacity Legislation: Working with CRPD Challenges |
| title_sort | exercise of legal capacity supported decision making and scotland s mental health and incapacity legislation working with crpd challenges |
| topic | Article 12 CRPD exercise of legal capacity supported decision-making will and preferences human rights Scottish legislation |
| url | http://www.mdpi.com/2075-471X/4/2/296 |
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