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4 - Article 12 and Autonomy

Published online by Cambridge University Press:  03 August 2023

Julia Duffy
Affiliation:
Queensland University of Technology
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Summary

Chapter 4 explains how in traditional liberalism, autonomy as the ability to reason has been recognised as the foundation for personhood, thereby excluding adults with cognitive disability. Interpretations of Article 12 that require the abolition of decision-making by substitutes refashion autonomy from being marked by rationality and independence to being marked by shared personhood and interdependence so as to include adults with cognitive disability. I argue that these refashionings ultimately fail because despite avowals to the contrary, they perpetuate the privileging of rationality and of the bounded, independent individual. They also fail to recognise the interdependency of Article 12 with other rights in the CRPD, especially socio-economic rights. I argue that a concept of autonomy as achievement, as the development of autonomy competencies, as demanding the availability of a range of options and as demanding recognition of the indivisibility of human rights is the autonomy underpinning Article 12 and the CRPD.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Article 12 and Autonomy
  • Julia Duffy, Queensland University of Technology
  • Book: Mental Capacity, Dignity and the Power of International Human Rights
  • Online publication: 03 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009304481.004
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  • Article 12 and Autonomy
  • Julia Duffy, Queensland University of Technology
  • Book: Mental Capacity, Dignity and the Power of International Human Rights
  • Online publication: 03 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009304481.004
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Article 12 and Autonomy
  • Julia Duffy, Queensland University of Technology
  • Book: Mental Capacity, Dignity and the Power of International Human Rights
  • Online publication: 03 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009304481.004
Available formats
×