Implementing Legal Capacity Under Article 12 of the UN Convention on the Rights of Persons with Disabilities

Addresses "legal capacity" in Article 12 of the CRPD. Asks whether legal capacity includes having rights AND an ability to exercise rights? If so, what does this mean for those individuals that require assistance from others?  Finally, the author explores the shift from substituted decision-making to supported decision-making and the gap between the two regimes.

Author(s): 

Robert D. Dinerstein

Publication Date: 
2011
Publisher: 
Human Rights Brief
Citation: 
Robert D. Dinerstein, Implementing Legal Capacity Under Article 12 of the UN Convention on the Rights of Persons with Disabilities: The Difficult Road from Guardianship to Supported Decision-Making, 19 N. 2 Hum. Rts. Brief 8 (2011).
Document Type: 
Region of Influence: