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5 - Article 12 and Dignity

Published online by Cambridge University Press:  03 August 2023

Julia Duffy
Affiliation:
Queensland University of Technology
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Summary

Chapter 5 proposes an interpretation of Article 12 that allows for decision-making by substitutes as a last resort through relocating personhood from recognition of autonomy to recognition of dignity. It settles on a concept of dignity as inherent, as a legal principle (not a right) that underpins human rights and the CRPD, and as having five dimensions. The first dimension recognises the equal worth or value of all human beings. The second recognises autonomy as an important component of dignity for people who have autonomy but seeks to position autonomy as only one very valuable good amongst others. The third recognises dignity as reflexive and acknowledging the interdependent, interpersonal and social nature of being human. The fourth recognises personhood as embodied and particular, thereby acknowledging the residual impacts of impairment and the materiality of our lives. The fifth dimension demands an understanding of rights as interdependent and indivisible.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Article 12 and Dignity
  • 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/10.1017/9781009304481.005
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  • Article 12 and Dignity
  • 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/10.1017/9781009304481.005
Available formats
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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 and Dignity
  • 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/10.1017/9781009304481.005
Available formats
×