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Human Rights and Disability Advocacy
Authors: --- --- --- --- --- et al.
ISBN: 9780812208740 9780812245479 Year: 2013 Publisher: Philadelphia, Pa University of Pennsylvania Press

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Book
Compulsory mental health interventions and the CRPD : minding equality
Author:
ISBN: 9781509931576 9781509944576 9781509931583 9781509931590 1509931597 1509931589 Year: 2020 Publisher: Oxford, UK ; [London, England] : Hart Publishing, an imprint of Bloomsbury Publishing, Bloomsbury Publishing,

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"This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes to make them better comply with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era"--


Book
The UN Convention on the rights of persons with disabilities : European and Scandinavian perspectives
Authors: ---
ISBN: 9789004169715 9004169717 Year: 2009 Volume: 100 Publisher: Leiden: Nijhoff,

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Keywords

Human rights --- Social policy and particular groups --- Europe --- People with disabilities --- Legal status, laws, etc --- Government policy --- Convention on the Rights of Persons with Disabilities and Optional Protocol --- Civil rights --- Legal status, laws, etc. --- Cripples --- Disabled --- Disabled people --- Disabled persons --- Handicapped --- Handicapped people --- Individuals with disabilities --- People with physical disabilities --- Persons with disabilities --- Physically challenged people --- Physically disabled people --- Physically handicapped --- Persons --- Disabilities --- Sociology of disability --- Convention on the Rights of Persons with Disabilities --- Convention on the Rights of Persons with Disabilities and its Optional Protocol --- CRPD --- Shōgai no aru hito no kenri ni kansuru jōyaku to sono sentaku giteisho --- Konvensi PBB Mengenai Hak-Hak Orang Dengan Disabilitas --- UN CRPD --- UNCRPD --- United Nations Convention on the Rights of Persons with Disabilities and Optional Protocol --- Convención sobre los Derechos de las Personas con Discapacidad --- Convención sobre los Derechos de las Personas con Discapacidad y su Protocolo Facultativo --- Optional Protocol to the Convention on the Rights of Persons with Disabilities --- Convention relative aux droits des personnes handicapées et Protocole facultatif --- People with disabilities - Legal status, laws, etc - Europe --- People with disabilities - Government policy - Europe --- Human rights - Europe --- Convenção Internacional sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo --- Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo --- Convenção sobre os Direitos das Pessoas com Deficiência


Book
International and European disability law and policy : text, cases, and materials
Authors: ---
ISBN: 9781108418195 1108418198 9781108406604 1108406602 Year: 2019 Publisher: Cambridge: Cambridge university press,

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In this first textbook on international and European disability law and policy, Broderick and Ferri analyse the interaction between different legal systems and sources. Guided by the global legal standards of the CRPD, students are equipped with the necessary background on disability, and are given a comprehensive overview of the legal and policy frameworks on disability. The narrative maintains the balance between theory and practice, focusing on the legal framework and challenges in the realm of policy-making, and ensuring that students are aware of current legal debates and controversial issues in the field. Accommodating different learning styles, the book employs a range of accessible features, which include learning outcomes for each chapter, problem questions, group activities, extracts from legal debates and more. Including case studies and examples from around the world, this book has a truly global perspective, suitable for introductory and advanced modules in law departments, as well as interdisciplinary courses.


Book
Legal capacity, disability and human rights
Authors: ---
ISBN: 9781839703348 1839703342 Year: 2023 Publisher: Cambridge : Intersentia,

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Article 12 of the UN Convention on the Rights of Persons with Disabilities (UNCPD) recognises the equal right to exercise legal capacity without discrimination based on disability, and obliges state parties to ensure access to the support a person may require in exercising it. Since its adoption, there has been a growing body of work critically examining laws which restrict or remove the exercise of legal capacity based on disability. Traditionally, this work has focused on constitutional and legal standards regulating the exercise of legal capacity. However, reforming legal capacity seems to be an all-encompassing enterprise, which requires deeper attention to be paid to its historical, social and legal foundations, as well as the wide array of institutions that it permeates and their internal coherence. The book comprises chapters by key legal scholars and practitioners in the field of legal capacity, disability and human rights from the Americas, Europe, Asia, Oceania and Africa. It aims to achieve three main goals to address the aforementioned issues. First, to explore the historical evolution, theoretical constructs and institutional features of legal capacity within comparative legal systems and determine the legal and social contours it is taking in current legal reforms. Second, the chapters examine the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law of legal capacity and the practice of supporting people to exercise it in jurisdictions around the world. Finally, the book examines emerging and persistent legal questions and challenges in conceiving, designing and implementing more comprehensive reforms in legal capacity regimes, to ensure consistency with the aims of Article 12 of the UNCPD.


Book
Legal capacity, disability and human rights
Authors: ---
ISBN: 9781839704284 1839704284 9781839703348 1839703342 Year: 2023 Publisher: Cambridge Intersentia

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Article 12 of the UN Convention on the Rights of Persons with Disabilities (UNCPD) recognises the equal right to exercise legal capacity without discrimination based on disability, and obliges state parties to ensure access to the support a person may require in exercising it. Since its adoption, there has been a growing body of work critically examining laws which restrict or remove the exercise of legal capacity based on disability. Traditionally, this work has focused on constitutional and legal standards regulating the exercise of legal capacity. However, reforming legal capacity seems to be an all-encompassing enterprise, which requires deeper attention to be paid to its historical, social and legal foundations, as well as the wide array of institutions that it permeates and their internal coherence. The book comprises chapters by key legal scholars and practitioners in the field of legal capacity, disability and human rights from the Americas, Europe, Asia, Oceania and Africa. It aims to achieve three main goals to address the aforementioned issues. First, to explore the historical evolution, theoretical constructs and institutional features of legal capacity within comparative legal systems and determine the legal and social contours it is taking in current legal reforms. Second, the chapters examine the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law of legal capacity and the practice of supporting people to exercise it in jurisdictions around the world. Finally, the book examines emerging and persistent legal questions and challenges in conceiving, designing and implementing more comprehensive reforms in legal capacity regimes, to ensure consistency with the aims of Article 12 of the UNCPD.


Book
The long and winding road to equality and inclusion for persons with disabilities : the United Nations Convention on the rights of persons with disabilities
Author:
ISBN: 9781780683584 1780683588 Year: 2015 Volume: 74 Publisher: Cambridge: Intersentia,

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