Seismic shifts: reconfiguring 'capacity' in law and the challenges of article 12 of the UN Convention on the Rights of Persons with Disabilities

Rosalind F. Croucher

doi:10.19164/ijmhcl.v2016i22.548

Seismic shifts: reconfiguring 'capacity' in law and the challenges of article 12 of the UN Convention on the Rights of Persons with Disabilities

Rosalind F. Croucher

Macquarie Law School

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Abstract

Internationally, the idea of ‘capacity’ has been shaken up and tossed around, and it is a process that is continuing. Medical and legal ideas have been unpicked and interrogated through the lens of human rights. The Hippocratic oath and law’s pragmatic transactional focus have locked horns in an intellectual battle in which the prize is a model of dignity and equality for those whose ability to make decisions is questioned.

Original language	English
Pages (from-to)	7-16
Number of pages	10
Journal	International Journal of Mental Health and Capacity Law
Volume	22
DOIs	https://doi.org/10.19164/ijmhcl.v2016i22.548
Publication status	Published - 2016

Bibliographical note

Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.

Keywords

capacity
international convention on Rights of Persons with Disabilities
Law Reform

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10.19164/ijmhcl.v2016i22.548

Publisher versionFinal published version, 160 KBLicence: CC BY

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Seismic shifts: reconfiguring 'capacity' in law and the challenges of article 12 of the UN Convention on the Rights of Persons with Disabilities

Abstract

Bibliographical note

Keywords

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Cite this