ABSTRACT
This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.
TABLE OF CONTENTS
part I|56 pages
General
chapter 1|13 pages
Active legal capacity of natural persons and its intersectional relevance to the legal system
chapter 2|27 pages
Legal-international analysis of Article 12 of the United Nations Convention on the Rights of Persons with Disabilities
chapter 3|14 pages
Outline of the legal situation of persons with mental disabilities (furiosi) in Roman law
part II|545 pages
Implementation of Article 12 of the CRPD (Country Reports and Comparative Analysis)
chapter 5|20 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Austria
chapter 6|25 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Catalan legal system
chapter 7|20 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Republic of Chile
chapter 8|8 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in China's Mainland
chapter 9|27 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Czech Republic
chapter 10|17 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Republic of Estonia
chapter 11|16 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Republic of Finland
chapter 12|28 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in France
chapter 13|20 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Georgia
chapter 14|19 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Federal Republic of Germany
chapter 15|30 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in India
chapter 16|15 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Ireland
chapter 17|15 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Italy
chapter 18|12 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Kuwait
chapter 19|32 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Netherlands
chapter 20|16 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in New Zealand
chapter 21|23 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Norway
chapter 22|14 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Republic of Peru
chapter 23|42 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Singapore
chapter 24|43 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Spain
chapter 25|22 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Kingdom of Sweden
chapter 26|14 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Switzerland
chapter 27|18 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Turkey
chapter 29|23 pages
Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Venezuela
chapter 30|6 pages
Comparative analysis of the transposition of Article 12 of the UN Convention on the Rights of Persons with Disabilities
part III|112 pages
Active legal capacity – Polish law perspective
chapter b|18 pages
Curatorship for a person incapacitated partially in the light of Article 12 of the CRPD
chapter 34|15 pages
Significance of regulation concerning active legal capacity for protection of persons with disabilities under criminal law
part IV|63 pages
Active legal capacity – non-legal aspects (psychological, psychiatric and diagnostic aspects)