Journal article

Legislating personhood: Realising the right to support in exercising legal capacity

E Flynn, A Arstein-Kerslake

International Journal of Law in Context | Published : 2014

Abstract

This paper examines the regulation of 'personhood' through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities, and others). The United Nations Convention on the Rights of Persons with Disabilities (CRPD) challenges this notion by guaranteeing respect for the right to legal capacity for people with disabilities on an equal basis with others and in all areas ..

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University of Melbourne Researchers