Journal article

Ensuring Equality for Persons with Cognitive Disabilities in Consumer Contracting: An International Human Rights Law Perspective

Y Maker, Anna Arstein-Kerslake, Bernadette McSherry, Jeannie Paterson, Lisa Brophy

Melbourne Journal of International Law | University of Melbourne, Faculty of Law | Published : 2018

Abstract

This article explores the implications of the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) for the exercise of consumer rights and consumer protection of persons with cognitive disabilities in Australia. It identifies several limitations of existing consumer protection laws and principles in realising the rights of persons with disabilities to equality and non-discrimination, to live independently and be included in the community, to accessibility of services and information and to equal recognition before the law. Most centrally, the emphasis in Australian consumer protection law on setting aside contracts where consent is invalid or vitiated has potentially..

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