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Supported Decision-Making from Theory to Practice: Implementing the Right to Enjoy Legal Capacity

open access: yesSocieties, 2018
The right to equal recognition before the law, protected by Article 12 of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), mandates the use of supported decision-making practices to enable disabled people ...
Rosie Harding, Ezgi Taşcıoğlu
doaj   +3 more sources

Relationships, autonomy and legal capacity: Mental capacity and support paradigms [PDF]

open access: yesInternational Journal of Law and Psychiatry, 2015
Within law and legal scholarship there are different models of legal personality and legal capacity. The most well known of these emphasises individual rationality, and is distilled into the medico-legal concept of 'mental capacity'. In connection with the UN Convention on the Rights of Persons with Disabilities (CRPD) a new approach to legal ...
Lucy Series
exaly   +4 more sources

Deprivation of legal capacity, in light of the concept of legal capacity as a human right [PDF]

open access: yesZbornik Radova Pravnog Fakulteta u Nišu, 2020
In the legal system of the Republic of Serbia, every individual is is guaranteed the right to legal personality (Article 37, para. 1 of the Constitution).
Simonović Ivana
doaj   +2 more sources

Legal Capacity and Supported Decision-Making: Lessons from Some Recent Legal Reforms

open access: yesLaws, 2019
Article 12 of the Convention on the Rights of Persons with Disabilities calls for a thorough review of State laws to recognise the right of persons with disabilities to enjoy legal capacity on an equal basis with others, thereby abolishing substitute ...
Antonio Martinez-Pujalte
doaj   +3 more sources

Supporting Choice and Control—An Analysis of the Approach Taken to Legal Capacity in Australia’s National Disability Insurance Scheme

open access: yesLaws, 2019
In mid-2013, the Australian federal government introduced the National Disability Insurance Scheme (NDIS), a ground-breaking reform of disability support services, encapsulated by the mantra of increasing “choice and control„.
Emily Cukalevski
doaj   +3 more sources

Decision-Making, Legal Capacity and Neuroscience: Implications for Mental Health Laws

open access: yesLaws, 2015
Neuroscientific endeavours to uncover the causes of severe mental impairments may be viewed as supporting arguments for capacity-based mental health laws that enable compulsory detention and treatment. This article explores the tensions between clinical,
Bernadette McSherry
doaj   +3 more sources

The European Union’s Legal Personality in International Law – Character, Structure, and Scope [PDF]

open access: yesStudia Europejskie, 2023
In this paper, the author considers the issues of one’s legal personality in international law in general, with emphasis on the international legal personality of the European Union.
Matej Savić
doaj   +1 more source

Forensic Value of Genetic Variants Associated with Anti-Social Behavior

open access: yesDiagnostics, 2021
Insanity defense is sometimes invoked in criminal cases, and its demonstration is usually based on a multifactorial contribution of behavioural, clinical, and neurological elements.
Antonio Oliva   +4 more
doaj   +1 more source

Legal capacity and biomedicine: Biomedical discrimination [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2011
The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations.
Cvetić Radenka
doaj   +1 more source

Child's legal personality: actualization of opportunities and their limitations

open access: yesПравоприменение, 2023
The subject of this research is the concept of a child’s legal capacity in an interdisciplinary context and the validity of various approaches for determining the essence and scope of a child’s legal capacity in terms of Russian public and private ...
N. N. Tarusina   +2 more
doaj   +1 more source

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