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Global Perspectives on Legal Capacity Reform: Our Voices, Our Stories

Global Perspectives on Legal Capacity Reform: Our Voices, Our Stories

Name: Global Perspectives on Legal Capacity Reform: Our Voices, Our Stories
Brand: Routledge
SKU: 9781138298910
Price: 2168.79 HKD
Availability: InStock
Author: Eilionoir Flynn; Anna Arstein-Kerslake; Clíona de Bhailís; Maria Laura Serra
ISBN: 9781138298910

Edited by Eilionoir Flynn · Anna Arstein-Kerslake · Clíona de Bhailís · Maria Laura Serra

Routledge August 2018

Specifications

ISBN-13: 9781138298910
Publisher: Routledge
Publication: August 2018
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries.

The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.

Foreword; About the Project; Acknowledgments; Notes on Contributors; 1.
Theoretical Framework: Clíona de Bhailís; 2.
Project Methodology & Background: Eilionóir Flynn; Part 1: Criminal Responsibility – Diversion & the Insanity Defence; 3.
Introduction toCriminal Responsibility: Anna Arstein-Kerslake; 4.
Going to pot: Nick’s journey through the criminal justice system: Nicholas Clarke, Chloe Hocking and Nell Munro; 5.
Questions of Criminal Culpability and Persons with Disabilities: Amita Dhanda and Gabor Gombos; 6.
Conclusion: Criminal Responsibility: Anna Arstein-Kerslake; Part 2: Contractual Capacity – Inheritance, Property & Everyday Decision Making; 7.
Introduction to Contractual Capacity: Clíona de Bhailís; 8.
I have the strength to speak up for myself: Nikona nguvu ya kujiongelelea.; Joy Rehema and Emer O’Shea; 9.
Silenced, Alone, Powerless: My Life as a Ward of Court in Ireland: Claire Hendrick and Donna Mc Namara; 10.
"The law is very complicated…": Dermot Lowndes and Jan Strnad; 11.
Travel and dementia: one story, many rights.: Helen Rochford Brennan and Moira Jenkins; 12.
Consumer Law, Contracts & Support: I had one dream – to buy a simple smartphone: Marieta Petrova and Aylin Yumerova; 13.
From Institutional Life to Home Ownership: a personal story demonstrating the power of support to enable the exercise of legal capacity: Paul Alford and Michelle Browning; 14.
Conclusion: Contractual Capacity: Clíona de Bhailís; Part 3: Relationships and Consent to Sex; 15.
Introduction to Relationships and Consent to Sex: María Laura Serra; 16.
Marriage and Intellectual Disability in Ireland: "My sister is married, why can’t I get married?": Maria Mahony and Sarah Richardson; 17.
Dreaming of traveling – Dreaming of freedom: Relationships and the Right to Support: Ronnie Harris and Jana Offergeld; 18.
Conclusion: Relationships and Consent to Sex: María Laura Serra; Part 4: Consent to Medical Treatment – Mental Health & Forced Treatment; 19.
Introduction to Consent to Medical Treatment: Eilionóir Flynn; 20.
This is Not a Story: From Ethical Loneliness to Respect for Diverse Ways of Knowing, Thinking and Being: Cath Roper and Piers Gooding; 21.
Getting sucked out of that black hole termed India’s legal mental health machinery: Lavanya Seshayee and Maths Jesperson; 22.
Consent is More than Just Yes or No: Fiona Anderson and Bo Chen; 23.
The Humour in my Tumour: Respecting Legal Capacity in Health Care Decision Making: Reshma Vallippan and Roxanne Mykitiuk; 24.
Conclusion: Consent to Medical Treatment: Eilionóir Flynn; 25.
Freedom: A Work in Progress: Rusi Stanev and Sheila Wildeman; 26.
Overall Conclusion: Eilionóir Flynn; Index