Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-hfldf Total loading time: 0 Render date: 2024-05-03T13:49:20.762Z Has data issue: false hasContentIssue false

2 - Article 12 – Context and Background

Published online by Cambridge University Press:  03 August 2023

Julia Duffy
Affiliation:
Queensland University of Technology
Get access

Summary

Chapter 2 explains the historical and contemporary policy, legal and human rights contexts for decision-making by, with and for adults with cognitive disability. It describes the dominant narrative in the literature as depicting a journey from paternalism to autonomy, from exclusion to inclusion, and from discrimination to equality, aligned with three widely recognised models of disability – the charity, medical and social models. It explains that the book’s interpretation of Article 12 is founded on the acceptance of a social model of disability that acknowledges the residual impacts of impairment. The chapter explains the limitations of arguments favouring an interpretation of Article 12 as requiring that decision-making by substitutes be abolished. Such arguments privilege autonomy at the expense of other important human rights values and privilege the civil and political right to legal capacity over other civil, economic, political, social and cultural human rights.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Article 12 – Context and Background
  • 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/10.1017/9781009304481.002
Available formats
×

Save book to Dropbox

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 Dropbox.

  • Article 12 – Context and Background
  • 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/10.1017/9781009304481.002
Available formats
×

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 – Context and Background
  • 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/10.1017/9781009304481.002
Available formats
×