Understanding the Lived Experiences of Supported Decision-making in Canada : Legal Capacity, Decision-making and Guardianship PDF Download

Author: Krista James
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Mary Donnelly
Publisher: Bloomsbury Publishing
ISBN: 1509940359
Category : Law
Languages : en
Pages : 337

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This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

Author: Karrie A. Shogren
Publisher: Cambridge University Press
ISBN: 1108475647
Category : Law
Languages : en
Pages : 323

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Integrates research, theory, and practice in supported decision-making and describes implications for supports provision in the disability field.

Author: National Council on Disability
Publisher: Government Printing Office
ISBN: 9780160945236
Category :
Languages : en
Pages : 202

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In general, guardianship involves a state-court determination that an individual lacks the capacity to make decisions with respect to their health, safety, welfare, and/or property. This Beyond Guardianship report explains how guardianship law has evolved, explores the due process and other concerns with guardianships, offers an overview of alternatives to guardianship, and identifies areas for further study. This report covers people with mental illness or disabilities, to include children populations and aging adult populations Legal standards of incapacity are also explored within this report. Discover more products related to this topic: Physically challenged collection and resources about persons that are disabled Aging resources collection Mental Health collection Childhood & Adolescence collection

Author: Camillia Kong
Publisher: Policy Press
ISBN: 1529224470
Category : Law
Languages : en
Pages : 271

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With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.

Author:
Publisher: Manitoba Law Journal
ISBN:
Category : Law
Languages : en
Pages :

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Robson Crim is housed in Robson Hall, one of Canada's oldest law schools. Robson Crim has transformed into a Canada wide research hub in criminal law, with blog contributions from coast to coast, and from outside of this nation's borders. With over 30 academic peer collaborators at Canada's top law schools, Robson Crim is bringing leading criminal law research and writing to the reader. We also annually publish a special edition criminal law volume of the Manitoba Law Journal, providing a chance for authors to enter the peer reviewed fray. The Journal has ranked in the top 0.1 percent on Academia.edu and is widely used. This issue has articles from a variety of contributing authors.

Author: Katja Karjalainen
Publisher: Springer Nature
ISBN: 303098351X
Category : Law
Languages : en
Pages : 209

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This open access book addresses the discourse that creates, modifies, and reshapes the law, as well as discourse participants. The book focuses on the actors operating in legal regimes and their subtly, bluntly, or even outright aggressive impact on the formation of laws. As the book examines the intersection of domestic, European, international, and even transnational, legal regimes where new law emerges as a product of this discourse, it contributes to the understanding of the mobility of law and contemporary law’s interactive nature. This book provides enlightening examples of diverse legal fields influenced by international, non-domestic actors. It covers a wide range of relevant topics, from financial sanctions to the rights of indigenous peoples, and addresses actors ranging from the European Union and the European Court of Human Rights to disability organizations. By exploring actors, the book stresses their objectives and driving forces behind their efforts to influence law. The book reveals an array of diverging methods used by international actors to influence law. Additionally, the book resonates with Nordic legal tradition and highlights Nordic commitment to rule of law and equality. The authors are members of the Finnish branch of the International Law Association (ILA) and recognized experts in their particular fields and have been afforded freedom to adopt the approach they perceive as best suited to their topic. The book is aimed at a broad range of readers involved in academic research and study; lawyers working in government departments, international organizations, or private practice with an international focus; as well as policy makers and influencers in international organizations, government bodies, and non-governmental organizations.

Author: Maneesha Deckha
Publisher:
ISBN: 1487538243
Category : Animal welfare
Languages : en
Pages : 348

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"In Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy."--

Author: Peter Blanck
Publisher: Routledge
ISBN: 1317043693
Category : Law
Languages : en
Pages : 280

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This handbook provides a comprehensive and authoritative state-of-the-art review of the current and emerging research and policy on disability law. Bringing together a team of respected and experienced experts, the handbook offers a range of jurisdictional and multidisciplinary perspectives. The authors consider historical and contemporary, as well as comparative perspectives of disability law. Divided into three parts, the contributors provide a comprehensive reference to the theoretical underpinnings, ongoing debates and emerging fields within the subject. The study provides a strong basis for consideration of contemporary disability law, its research foundations, and progressive developments in the area. The book incorporates interdisciplinary and comparative country perspectives to capture the breadth of current discourse on disability law. This handbook provides a valuable resource for a wide range of scholars, public and private researchers, NGOs, and practitioners working in the area of disability law, and across national and transnational disability schemes. The work will be of important interest to those in the fields of sociology, history, psychology, economics, political science, rehabilitation sciences, medicine, technology, and law, among others.

Author: Ishita Khemka
Publisher: Springer Nature
ISBN: 3030746755
Category : Psychology
Languages : en
Pages : 573

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This book examines theoretical considerations in the study of decision making as well as practical applications in social interpersonal domains for adolescents and adults with intellectual and developmental disabilities (IDD). It provides a history of the study of decision making in individuals with IDD and examines emerging views on decision making from a positive psychology perspective. The book explores the role of decision making in self-determination as well as offers global perspectives on the rights and responsibilities of individuals with IDD to engage in independent decision making. It outlines a framework for the study of decision making in individuals with IDD, reviews research that addresses the role of culturally diverse influences on individual decision making, and examines likely consequences of the etiological bases of disability on decision-making profiles. Key areas of coverage include: · Critical role of basic processes of cognition, motivation and self-beliefs, affect and emotion, and various styles of decision making. · Applications of decision-making skills within family and community contexts, in personal and social relationships, during transition to adulthood and more independent lifestyles, and in successful community living. · Self-protective decision making by individuals in situations of abuse as well as in resisting peer victimization and bullying. · Decision-making parameters for enabling maximum participation in self-decision making, through shared and supported decision making in contexts such as health care, aging, and end-of-life decisions. · Research-based interventions to improve effective decision making in individuals with IDD. Decision Making by Individuals with Intellectual and Developmental Disabilities is a must-have reference for researchers, professors, and graduate students as well as clinicians and other professionals in the fields of developmental and positive psychology, rehabilitation, social work, special education, occupational, speech and language therapy, public health, and healthcare policy.