Legal Capacity and Supported Decision-Making: Respecting Rights and Empowering People

24 Pages Posted: 4 Aug 2016

Date Written: August 3, 2016

Abstract

This article presents an overview of the right to legal capacity and the accompanying state obligation to provide support for the exercise of legal capacity. It addresses the provisions of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) and the UN Committee on the Rights of Persons with Disabilities’ interpretation of Article 12 in their first General Comment. Finally, it identifies the impact of the denial of legal capacity on the lives of people with disabilities and analyses areas of the law in need of reform.

Keywords: Legal Capacity, Disabilities, Rights of Persons

JEL Classification: K00, K39

Suggested Citation

Arstein-Kerslake, Anna, Legal Capacity and Supported Decision-Making: Respecting Rights and Empowering People (August 3, 2016). U of Melbourne Legal Studies Research Paper No. 736, Available at SSRN: https://ssrn.com/abstract=2818153 or http://dx.doi.org/10.2139/ssrn.2818153

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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