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Implementing the Right to Decide under the Convention on the Rights of Persons with Disabilities: Supporting the Legal Capacity of All Persons with Disabilities - Hardcover
Synopsis
This book addresses one of the most controversial questions in contemporary human rights law: how can persons with severe cognitive disabilities make their own decisions?
Historically, vulnerable persons have been considered incapable, and guardians were appointed to represent their interests, which has led to serious abuses. The Convention on the Rights of Persons with Disabilities (CRPD), adopted in 2006, requires that they receive support to make their own decisions. However, governments claim it is impossible to fully implement this international requirement.
This book tackles the issue of decision-making from both a legal and theoretical perspective. It explores how supported decision-making could incorporate safeguards to protect the vital interests of vulnerable persons in order to present a viable legal alternative to guardianship. It accepts that some persons' abilities are very limited, but contends that guardianship is not the appropriate response, even in such cases. Instead, the book presents a unique Modified Support Framework, which can incorporate all persons with disabilities, fulfilling the goals of the CRPD.
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About the Author
Janos Fiala-Butora is Lecturer at the Centre for Disability Law and Policy, University of Galway, Ireland.
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Implementing the Right to Decide Under the Convention on the Rights of Persons With Disabilities : Supporting the Legal Capacity of All Persons With Disabilities
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Implementing the Right to Decide under the Convention on the Rights of Persons with Disabilities
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Implementing the Right to Decide under the Convention on the Rights of Persons with Disabilities
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Bloomsbury Publishing PLC, GB, 2025
ISBN 10: 1509980326
ISBN 13: 9781509980321
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Hardback. Condition: New. This book addresses one of the most controversial questions in contemporary human rights law: how can persons with severe cognitive disabilities make their own decisions? Historically, vulnerable persons have been considered incapable, and guardians were appointed to represent their interests, which has led to serious abuses. The Convention on the Rights of Persons with Disabilities (CRPD), adopted in 2006, requires that they receive support to make their own decisions. However, governments claim it is impossible to fully implement this international requirement. This book tackles the issue of decision-making from both a legal and theoretical perspective. It explores how supported decision-making could incorporate safeguards to protect the vital interests of vulnerable persons in order to present a viable legal alternative to guardianship. It accepts that some persons' abilities are very limited, but contends that guardianship is not the appropriate response, even in such cases. Instead, the book presents a unique Modified Support Framework, which can incorporate all persons with disabilities, fulfilling the goals of the CRPD. Seller Inventory # LU-9781509980321
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Implementing the Right to Decide under the Convention on the Rights of Persons with Disabilities (Hardcover)
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Bloomsbury Publishing PLC, Oxford, 2025
ISBN 10: 1509980326
ISBN 13: 9781509980321
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Hardcover. Condition: new. Hardcover. This book addresses one of the most controversial questions in contemporary human rights law: how can persons with severe cognitive disabilities make their own decisions? Historically, vulnerable persons have been considered incapable, and guardians were appointed to represent their interests, which has led to serious abuses. The Convention on the Rights of Persons with Disabilities (CRPD), adopted in 2006, requires that they receive support to make their own decisions. However, governments claim it is impossible to fully implement this international requirement. This book tackles the issue of decision-making from both a legal and theoretical perspective. It explores how supported decision-making could incorporate safeguards to protect the vital interests of vulnerable persons in order to present a viable legal alternative to guardianship. It accepts that some persons abilities are very limited, but contends that guardianship is not the appropriate response, even in such cases. Instead, the book presents a unique Modified Support Framework, which can incorporate all persons with disabilities, fulfilling the goals of the CRPD. A ground-breaking work setting out a legal and theoretical model allowing for supported decision-making for people with severe disabilities. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9781509980321
Seller Image
Implementing the Right to Decide under the Convention on the Rights of Persons with Disabilities
Published by
Bloomsbury Publishing PLC, GB, 2025
ISBN 10: 1509980326
ISBN 13: 9781509980321
New
Hardcover
Seller: Rarewaves USA, HEBRON, KY, U.S.A.
Seller rating 5 out of 5 stars
Hardback. Condition: New. This book addresses one of the most controversial questions in contemporary human rights law: how can persons with severe cognitive disabilities make their own decisions? Historically, vulnerable persons have been considered incapable, and guardians were appointed to represent their interests, which has led to serious abuses. The Convention on the Rights of Persons with Disabilities (CRPD), adopted in 2006, requires that they receive support to make their own decisions. However, governments claim it is impossible to fully implement this international requirement. This book tackles the issue of decision-making from both a legal and theoretical perspective. It explores how supported decision-making could incorporate safeguards to protect the vital interests of vulnerable persons in order to present a viable legal alternative to guardianship. It accepts that some persons' abilities are very limited, but contends that guardianship is not the appropriate response, even in such cases. Instead, the book presents a unique Modified Support Framework, which can incorporate all persons with disabilities, fulfilling the goals of the CRPD. Seller Inventory # LU-9781509980321