The Purpose of Support in the Exercise of Legal Capacity – Article 12 at a Crossroads

Aktivitet: Föredrag eller presentationPresentation

Beskrivning

The provision of support to persons with disabilities is central to article 12 of the CRPD, and takes a prominent place in the literature on this article. What the purpose of support is supposed to be is however still unclear, beyond the broad one of ensuring that persons with disabilities can exercise their legal capacity on an equal basis with others. One natural suggestion is that it is to ensure that persons with decision-making difficulties are able to meet requirements set forth in domestic legislation for legally valid decision-making. Some interpreters of article 12 may not be comfortable, however, with permitting states parties to set forth such requirements, in which case one would need to identify some other role for support. Whatever the precise purpose of support is taken to be, whether any given support form can serve that purpose is an empirical question, and it is only in relation to this purpose that one may assess whether legal reforms, or various support arrangements, are effective. So far, however, the literature contains little such ends-means reasoning. In the presentation we elaborate on this problem.
Period2022 juli 6
EvenemangstitelThe XXXVIIth IALMH Congress on Law and Mental Health
Typ av evenemangKonferens
Konferensnummer37
PlatsLyon, FrankrikeVisa på karta
OmfattningInternationell