Please use this identifier to cite or link to this item:
https://hdl.handle.net/11000/30839
Legal Capacity and Supported Decision-Making:
Lessons from Some Recent Legal Reforms
Title: Legal Capacity and Supported Decision-Making:
Lessons from Some Recent Legal Reforms |
Authors: Martínez-Pujalte, Antonio |
Editor: MDPI |
Department: Departamentos de la UMH::Ciencia Jurídica |
Issue Date: 2019-01 |
URI: https://hdl.handle.net/11000/30839 |
Abstract:
Article 12 of the Convention on the Rights of Persons with Disabilities calls for a thorough
review of State laws to recognise the right of persons with disabilities to enjoy legal capacity on an
equal basis with others, thereby abolishing substitute decision-making regimes, and to receive the
support they need for its exercise. With the aim of providing useful guidelines for legislative changes
yet to be made, the present study examines and assesses, in the light of the Convention, some of the
most recent and innovative legislative reforms in the area of legal capacity. The analysis shows that,
although they appropriately reflect a change of perspective, shifting from the paradigm of the “best
interests” of the person to the respect of their will and preferences, some of these reforms are not
fully satisfactory, particularly because they still allow partial or total deprivation of legal capacity
for persons with disabilities, and maintain institutions which perpetuate substitute decision-making.
However, the recent modification of the Peruvian Civil Code and Civil Procedure Code deserves a
highly positive evaluation as the first regulation of legal capacity and supported decision-making
substantially compliant with the Convention
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Keywords/Subjects: disability legal capacity decision-making substitute decision-making supported decision-making |
Knowledge area: CDU: Ciencias sociales: Derecho |
Type of document: info:eu-repo/semantics/article |
Access rights: info:eu-repo/semantics/openAccess Attribution-NonCommercial-NoDerivatives 4.0 Internacional |
DOI: https://doi.org/10.3390/laws8010004 |
Appears in Collections: Artículos Ciencia Jurídica
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