Kong, Camillia (2015) The Convention for the Rights of Persons with Disabilities and Article 12: Prospective Feminist Lessons against the “Will and Preferences” Paradigm. Laws, 4 (4). pp. 709-728. ISSN 2075-471X. E-ISSN 2075-471X. (doi:10.3390/laws4040709) (KAR id:58526)
PDF
Publisher pdf
Language: English
This work is licensed under a Creative Commons Attribution 4.0 International License.
|
|
Download this file (PDF/507kB) |
Preview |
Request a format suitable for use with assistive technology e.g. a screenreader | |
Official URL: http://dx.doi.org/10.3390/laws4040709 |
Abstract
Human rights have recently impacted on current conceptualisations of the rights and obligations owed to individuals with impairments, culminating in the UN Convention for the Rights of Persons with Disabilities. Particularly significant is Article 12, where interpretations have heralded a “will and preferences” paradigm which rejects substituted decision-making mechanisms, even in situations where an individual should make personally harmful or unwise decisions about their treatment, care, or relationships. This paper explores problems with “strict” and “flexible” interpretations of Article 12, focusing specifically on safeguarding issues in cases of relational abuse, exploitation, and coercion. Drawing analogies with feminist arguments opposing violence against women in the domestic sphere, I challenge the private/public and individualistic account of autonomy which is implicit in interpretations of the “will and preferences” paradigm, and suggest that proponents of Article 12 should consider the possible justifiability of expanded protectionist measures in cases of abuse involving individuals with impairments.
Item Type: | Article |
---|---|
DOI/Identification number: | 10.3390/laws4040709 |
Uncontrolled keywords: | UNCRPD; supported decision-making; autonomy; human rights; impairments; abuse; feminism |
Subjects: |
B Philosophy. Psychology. Religion B Philosophy. Psychology. Religion > B Philosophy (General) J Political Science > JC Political theory J Political Science > JX International law K Law |
Divisions: | Divisions > Division of Arts and Humanities > School of Culture and Languages |
Depositing User: | Camillia Kong |
Date Deposited: | 10 Nov 2016 13:30 UTC |
Last Modified: | 16 Feb 2021 13:39 UTC |
Resource URI: | https://kar.kent.ac.uk/id/eprint/58526 (The current URI for this page, for reference purposes) |
- Link to SensusAccess
- Export to:
- RefWorks
- EPrints3 XML
- BibTeX
- CSV
- Depositors only (login required):