Legal Capacity Disability And Human Rights
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Author | : Anna Arstein-Kerslake (Ed.) |
Publisher | : MDPI |
Total Pages | : 241 |
Release | : 2018-11-14 |
Genre | : Law |
ISBN | : 3038972509 |
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws
Author | : Michael Ashley Stein |
Publisher | : Cambridge University Press |
Total Pages | : 451 |
Release | : 2021-09-02 |
Genre | : Law |
ISBN | : 1108838855 |
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
Author | : Michael Dudley |
Publisher | : Oxford University Press (UK) |
Total Pages | : 733 |
Release | : 2012-06-21 |
Genre | : Law |
ISBN | : 0199213968 |
People with mental disorders often suffer the worst conditions of life.This book is the first comprehensive survey of the mental health/human rights relationship. It examines the relationships and histories of mental health and human rights, and their interconnections with law, culture, ethnicity, class, economics, biology, and stigma.
Author | : Arlene S. Kanter |
Publisher | : Routledge |
Total Pages | : 360 |
Release | : 2014-11-27 |
Genre | : Law |
ISBN | : 1134444664 |
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 the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.
Author | : Anna Arstein-Kerslake |
Publisher | : Springer |
Total Pages | : 153 |
Release | : 2022-02-09 |
Genre | : Law |
ISBN | : 9783030634957 |
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 predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.
Author | : Ilias Bantekas |
Publisher | : Oxford University Press |
Total Pages | : 1377 |
Release | : 2018-10-25 |
Genre | : Law |
ISBN | : 0192538683 |
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.
Author | : |
Publisher | : |
Total Pages | : 144 |
Release | : 2018 |
Genre | : Civil rights |
ISBN | : 9789213622513 |
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.
Author | : Franziska Felder |
Publisher | : Springer Nature |
Total Pages | : 268 |
Release | : 2022-01-17 |
Genre | : Social Science |
ISBN | : 3030865452 |
This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.
Author | : Conor Gearty |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2012-11-22 |
Genre | : Law |
ISBN | : 110701624X |
Captures the essence of the multi-layered subject of human rights law in a way that is authoritative, critical and scholarly.
Author | : Karrie A. Shogren |
Publisher | : Cambridge University Press |
Total Pages | : 323 |
Release | : 2019 |
Genre | : Law |
ISBN | : 1108475647 |
Integrates research, theory, and practice in supported decision-making and describes implications for supports provision in the disability field.