ABSTRACT

This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries.

The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.

part 1|28 pages

Criminal responsibility – diversion and the insanity defence

part 2|67 pages

Contractual capacity – inheritance, property and everyday decision making

chapter 8|11 pages

I have the strength to speak up for myself

Nikona nguvu ya kujiongelelea

chapter 14|2 pages

Conclusion

Contractual capacity

part 3|35 pages

Relationships and consent to sex

part 4|66 pages

Consent to medical treatment – mental health and forced treatment

chapter 24|2 pages

Conclusion

Consent to medical treatment

chapter 25|16 pages

Freedom: a work in progress

chapter 26|2 pages

Overall conclusion