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2 - Article 12 – Context and Background

Published online by Cambridge University Press:  03 August 2023

Julia Duffy
Affiliation:
Queensland University of Technology
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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.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • 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
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  • 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
×