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Achieving Crpd Compliance: Is the Mental Capacity Act of England and Wales Compatible with the Un Convention on the Rights of Persons with Disability? If Not, What Next?

In W. Martin, S. Michalowski, T. Juetten & M. Burch (eds.), Report for the Uk Ministry of Justice, Essex Autonomy Project, University of Essex (2014)

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  1. “A Real Bucket of Worms”: Views of People Living with Dementia and Family Members on Supported Decision-Making.Craig Sinclair, Kate Gersbach, Michelle Hogan, Meredith Blake, Romola Bucks, Kirsten Auret, Josephine Clayton, Cameron Stewart, Sue Field, Helen Radoslovich, Meera Agar, Angelita Martini, Meredith Gresham, Kathy Williams & Sue Kurrle - 2019 - Journal of Bioethical Inquiry 16 (4):587-608.
    Supported decision-making has been promoted at a policy level and within international human rights treaties as a way of ensuring that people with disabilities enjoy the right to legal capacity on an equal basis with others. However, little is known about the practical issues associated with implementing supported decision-making, particularly in the context of dementia. This study aimed to understand the experiences of people with dementia and their family members with respect to decision-making and their views on supported decision-making. Thirty-six (...)
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  • Equality in the Informed Consent Process: Competence to Consent, Substitute Decision-Making, and Discrimination of Persons with Mental Disorders.Matthé Scholten, Jakov Gather & Jochen Vollmann - 2021 - Journal of Medicine and Philosophy 46 (1):108-136.
    According to what we propose to call “the competence model,” competence is a necessary condition for valid informed consent. If a person is not competent to make a treatment decision, the decision must be made by a substitute decision-maker on her behalf. Recent reports of various United Nations human rights bodies claim that article 12 of the Convention on the Rights of Persons with Disabilities involves a wholesale rejection of this model, regardless of whether the model is based on a (...)
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