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Personhood, in liberal philosophical and legal traditions, has long been grounded in the idea of autonomy and the right to legal capacity. However, in this book, Julia Duffy questions these assumptions and shows how such beliefs exclude and undermine the rights of adults with cognitive disability. Instead, she reinterprets the right to legal capacity through the principle of the interdependence and indivisibility of human rights. In doing so, she compellingly argues that dignity and not autonomy ought to be the basis of personhood. Using illustrative case studies, Duffy demonstrates that the key human rights values of autonomy, dignity and equality can only be achieved by fulfilling a range of interdependent human rights. With this innovative book challenging common assumptions about human rights and personhood, Duffy leads the way in ensuring civil, economic, political, social, and cultural inclusion for adults with cognitive disabilities.

People with disabilities --- Cognition disorders --- Legal status, laws, etc. --- Law and legislation. --- Convention on the Rights of Persons with Disabilities and Optional Protocol --- Cognitive disorders --- Psychology, Pathological --- Disability law --- 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 --- 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

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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.

Capacity and disability --- People with disabilities --- Human rights --- Incapacité (Droit) --- Personnes handicapées --- Droits de l'homme (Droit international) --- Legal status, laws, etc. --- Droit --- Convention on the Rights of Persons with Disabilities and Optional Protocol --- Comparative law --- Droit comparé --- Sociology of law --- People with disabilities. --- Personnes handicapées.

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"This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in the UK, Italy, Germany, Canada, Brazil, and India. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism"--

BPB9999 --- People with disabilities --- Federal government. --- Federal government --- Legal status, laws, etc. --- Discrimination against people with disabilities --- Equality before the law. --- Comparative government. --- Handicapés --- Discrimination à l'égard des handicapés. --- Égalité devant la loi. --- Gouvernement fédéral. --- Science politique --- Law and legislation. --- Statut juridique. --- Nations Unies --- Convention on the Rights of Persons with Disabilities and Optional Protocol --- Personnes handicapées --- Fédéralisme --- Comparative law --- Droit comparé --- Droit --- International and municipal law --- Droit international et droit interne. --- Handicapés --- Discrimination à l'égard des handicapés. --- Égalité devant la loi. --- Gouvernement fédéral.