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The Convention for the Rights of Persons with Disabilities and Article 12: Prospective Feminist Lessons against the “Will and Preferences” Paradigm

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)

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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: Faculties > Humanities > School of European Culture and Languages > Philosophy
Depositing User: Camillia Kong
Date Deposited: 10 Nov 2016 13:30 UTC
Last Modified: 29 May 2019 18:10 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/58526 (The current URI for this page, for reference purposes)
Kong, Camillia: https://orcid.org/0000-0002-0551-0689
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