Book contents
- Mental Capacity, Dignity and the Power of International Human Rights
- Cambridge Bioethics and Law
- Mental Capacity, Dignity and the Power of International Human Rights
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties
- Abbreviations
- 1 Introduction and Background
- 2 Article 12 – Context and Background
- 3 The Principle of Indivisibility and Article 12
- 4 Article 12 and Autonomy
- 5 Article 12 and Dignity
- 6 Article 12 and Equality
- 7 Conclusion
- References
- Index
- Cambridge Bioethics and Law
5 - Article 12 and Dignity
Published online by Cambridge University Press: 03 August 2023
- Mental Capacity, Dignity and the Power of International Human Rights
- Cambridge Bioethics and Law
- Mental Capacity, Dignity and the Power of International Human Rights
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties
- Abbreviations
- 1 Introduction and Background
- 2 Article 12 – Context and Background
- 3 The Principle of Indivisibility and Article 12
- 4 Article 12 and Autonomy
- 5 Article 12 and Dignity
- 6 Article 12 and Equality
- 7 Conclusion
- References
- Index
- Cambridge Bioethics and Law
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.
Keywords
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- Information
- Publisher: Cambridge University PressPrint publication year: 2023