An Empowering Dependency: Exploring Support for the Excercise of Legal Capacity

Scandinavian Journal of Disability Research, Volume 18, Issue 1, 2014

15 Pages Posted: 15 May 2016 Last revised: 29 Jun 2016

Date Written: May 12, 2016

Abstract

The Convention on the Rights of People with Disabilities specifies that people with disabilities have the right to enjoy legal capacity on an equal basis with others and an accompanying duty of states parties to provide access to support for exercising legal capacity. This article uses moral philosophy to ground a discussion of personhood and supported decision-making. It discusses the cognitive prosthesis model as a possible structure for supported decision-making and identifies the potential strengths and weaknesses of such a system. In particular, it examines the effect dependency relationships will have on supported decision-making. It concludes with four principles for safeguarding the relationship of supported decision-making.

Keywords: legal capacity, personhood, supported decision-making, dependency, moral philosophy, CRPD

JEL Classification: K00, K39

Suggested Citation

Arstein-Kerslake, Anna, An Empowering Dependency: Exploring Support for the Excercise of Legal Capacity (May 12, 2016). Scandinavian Journal of Disability Research, Volume 18, Issue 1, 2014, Available at SSRN: https://ssrn.com/abstract=2779385

Anna Arstein-Kerslake (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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