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Author: Eilionóir Flynn Publisher: Routledge ISBN: 1351579703 Category : Law Languages : en Pages : 290
Book Description
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.
Author: Eilionóir Flynn Publisher: Routledge ISBN: 1351579703 Category : Law Languages : en Pages : 290
Book Description
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.
Author: Melanie Ehren Publisher: ISBN: 9780367362478 Category : Comparative education Languages : en Pages : 320
Book Description
This global collection brings a new perspective to the field of comparative education by presenting trust, capacity and accountability as the three building blocks of education systems and education system reform. In exploring how these three factors relate to student learning outcomes across different international contexts, this book provides a powerful framework for a more equal system. Drawing upon research and case studies from scholars, policymakers and experts from international agencies across five continents, this book shows how trust, capacity and accountability interact in ways and with consequences that vary among countries, pointing readers towards understanding potential leverage points for system change. Trust, Accountability, and Capacity in Education System Reform illuminates how these three concepts are embedded in an institutional context temporally, socially and institutionally and offers an analysis that will be of use to researchers, policymakers and agencies working in comparative education and towards education system reform. Chapter 11 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution 2.0 Generic license available at http: //www.taylorfrancis.com/books/e/9780429344855
Author: Mary Donnelly Publisher: Bloomsbury Publishing ISBN: 1509940359 Category : Law Languages : en Pages : 337
Book Description
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: Anna Arstein-Kerslake Publisher: Springer Nature ISBN: 3030634930 Category : Law Languages : en Pages : 165
Book Description
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: Augusto Lopez-Claros Publisher: Cambridge University Press ISBN: 1108476961 Category : Law Languages : en Pages : 561
Book Description
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Author: Leila L. Frischtak Publisher: World Bank Publications ISBN: 9780821329627 Category : Business & Economics Languages : en Pages : 56
Book Description
The inability to coordinate diverging interests and to promote policies that represent the public interest is one of many non-economic obstacles to economic reform. This paper examines the relationship between governance capacity and economic reform. The
Author: Karen Soldatic Publisher: Routledge ISBN: 1351237470 Category : Social Science Languages : en Pages : 263
Book Description
This book explores the diverse ways in which disability activism and advocacy are experienced and practised by people with disabilities and their allies. Contributors to the book explore the very different strategies and campaigns they have used to have their demands for respect, dignity and rights heard and acted upon by their communities, by national governments and the international community. The book, with its contemporary global focus, makes a significant contribution to the field of disability and social justice studies, particularly at a time of major social, political and cultural upheaval. Global Perspectives on Disability Activism and Advocacy offers a significant intervention within the field of disability at a time of major social upheaval where actors, advocates and activists are seeking to hold onto existing claims for rights, equality and disability justice.
Author: Julia Duffy Publisher: Cambridge University Press ISBN: 1009304526 Category : Law Languages : en Pages : 299
Book Description
Explores how society's privileging of autonomy and of civil and political freedoms, fails to uphold the human rights of those with cognitive disability.
Author: Ilias Bantekas Publisher: Oxford University Press ISBN: 0192538683 Category : Law Languages : en Pages : 1377
Book Description
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: Eilionóir Flynn
Author: Eilionóir Flynn
Author: Melanie Ehren
Author: Michael Ashley Stein
Author: Mary Donnelly
Author: Anna Arstein-Kerslake
Author: Augusto Lopez-Claros
Author: Leila L. Frischtak
Author: Karen Soldatic
Author: Julia Duffy
Author: Ilias Bantekas