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.
Formatted Contents Note
part, PART 1 Criminal responsibility - diversion and the insanity defence chapter 1 Theoretical framework for the VOICES Project CLÍONA DE BH A I LÍS chapter 2 Project methodology and background EI LIONÓI R F LY N N chapter 3 Introduction to criminal responsibility A N NA A R ST EI N-K ER SL AKE chapter 4 Going to pot: Nick's journey through the criminal justice system N ICHOL A S CL ARKE, N ELL MU N RO AND CH LOE HOCK I NG chapter 5 Questions of criminal culpability and persons with disabilities AMI TA DH A N DA ANDGÁ BOR GOM BOS chapter 6 Conclusion: criminal responsibility A N NA A R ST EI N-K ER SL AKE part, PART 2 Contractual capacity - inheritance, property and everyday decision making chapter 7 Introduction to contractual capacity CLÍONA DE BH A I LÍS chapter 8 I have the strength to speak up for myself: nikona nguvu ya kujiongelelea JOY R EH EM AAND EM ER O'SH E A chapter 9 Silenced, alone, powerless: my life as a Ward of Court in Ireland CL AIREH EN DR ICK AND DON NA McNA MARA chapter 10 'The law is very complicated...' DER MOT LOW N DE SAND JA N ST R NA D chapter 11 Travel and dementia: one story, many rights H ELEN ROCH FOR D-BR EN NA NAND MOI RAJ EN K I NS chapter 12 I had one dream - to buy a simple smartphone MARI ETA PET ROVA AND AY LI N Y UM EROVA chapter 13 From institutional life to home ownership: a personal story demonstrating the power of support to enable the exercise of legal capacity PAU LAL FOR DANDM ICH ELLE BROW N I NG chapter 14 Conclusion: contractual capacity CLÍONA DE BH A I LÍS part, PART 3 Relationships and consent to sex chapter 15 Introduction to relationships and consent to sex MARÍAL AU R A SER R A chapter 16 'My sister is married. Why can't I get married?' MARIAMA HON YAND SA RAHR ICH A R DSON chapter 17 Dreaming of travelling - dreaming of freedom RON NIEHARR IS AND JA NA OF F ERGELD chapter 18 Conclusion: relationships and consent to sex MARÍAL AU R A SER R A part, PART 4 Consent to medical treatment - mental health and forced treatment chapter 19 Introduction to consent to medical treatment EI LIONÓI R F LY N N chapter 20 This is not a story: from ethical loneliness to respect for diverse ways of knowing, thinking and being C AT H ROPER AND PI ER S GOODI NG chapter 21 Getting sucked out of the black hole of India's legal mental health machinery L AVA N YA SE SH A SAY EE ANDM AT HS J E SPER SON chapter 22 Consent is more than just yes or no F IONA A N DER SON AND BO CH EN chapter 23 The humour in my tumour: respecting legal capacity in health-care decision-making R E SH M A VA LLI A PPA NAND ROX ANNEMYKITIUK chapter 24 Conclusion: consent to medical treatment EI LIONÓI R F LY N N chapter 25 Freedom: a work in progress RUSI STA NEVAND SH EI LAWI LDEM A N chapter 26 Overall conclusion EI LIONÓI R F LY N N.