Seismic Shifts: reconfiguring 'capacity' in law and the challenges of Article 12 of the United Nations Convention on the Rights of Persons with Disabilities

Authors

  • Rosalind F Croucher Macquarie University

DOI:

https://doi.org/10.19164/ijmhcl.v2016i22.548

Abstract

Internationally, the idea of ‘capacity’ has been shaken up and tossed around, and it is a process that is continuing. Medical and legal ideas have been unpicked and interrogated through the lens of human rights. The Hippocratic oath and law’s pragmatic transactional focus have locked horns in an intellectual battle in which the prize is a model of dignity and equality for those whose ability to make decisions is questioned.

Author Biography

Rosalind F Croucher, Macquarie University

President, Australian Law Reform Commission. Adjunct Professor, Macquarie University

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Published

2017-02-17

Issue

No. 22 (2016): pp.1-70

Section

Articles and Comment

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