Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)

This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to asses...

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Gepubliceerd in: Taylor & Francis 2025
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description This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.
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spelling doab-20.500.12854ir-1595022025-05-16T05:29:18Z Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) Domański, Maciej Lackoroński, Bogusław CRPD Capacity to do legal acts Mental health Mental disability Incapacitation Private law Criminal law thema EDItEUR::L Law::LB International law::LBB Public international law::LBBR Public international law: human rights thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNT Social law and Medical law::LNTM Medical and healthcare law thema EDItEUR::M Medicine and Nursing::MB Medicine: general issues::MBQ Medicolegal issues thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law thema EDItEUR::M Medicine and Nursing::MK Medical specialties, branches of medicine::MKL Psychiatry This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry. 2025-05-16T05:29:17Z 2025-05-16T05:29:17Z 2025-05-15T10:07:04Z 2023 book ONIX_20250515T115059_9781003802853_59 https://library.oapen.org/handle/20.500.12657/101809 9781003802853 9781032574400 9781003463016 9781003802907 https://directory.doabooks.org/handle/20.500.12854/159502 eng open access image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/101809/1/9781003802853.pdf Taylor & Francis Routledge 10.4324/9781003463016 10.4324/9781003463016 fa69b019-f4ee-4979-8d42-c6b6c476b5f0 9781003802853 9781032574400 9781003463016 9781003802907 Routledge 806 Oxford open access
spellingShingle CRPD
Capacity to do legal acts
Mental health
Mental disability
Incapacitation
Private law
Criminal law
thema EDItEUR::L Law::LB International law::LBB Public international law::LBBR Public international law: human rights
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNT Social law and Medical law::LNTM Medical and healthcare law
thema EDItEUR::M Medicine and Nursing::MB Medicine: general issues::MBQ Medicolegal issues
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law
thema EDItEUR::M Medicine and Nursing::MK Medical specialties, branches of medicine::MKL Psychiatry
Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)
title Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)
title_full Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)
title_fullStr Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)
title_full_unstemmed Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)
title_short Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)
title_sort models of implementation of article 12 of the convention on the rights of persons with disabilities crpd
topic CRPD
Capacity to do legal acts
Mental health
Mental disability
Incapacitation
Private law
Criminal law
thema EDItEUR::L Law::LB International law::LBB Public international law::LBBR Public international law: human rights
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNT Social law and Medical law::LNTM Medical and healthcare law
thema EDItEUR::M Medicine and Nursing::MB Medicine: general issues::MBQ Medicolegal issues
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law
thema EDItEUR::M Medicine and Nursing::MK Medical specialties, branches of medicine::MKL Psychiatry
topic_facet CRPD
Capacity to do legal acts
Mental health
Mental disability
Incapacitation
Private law
Criminal law
thema EDItEUR::L Law::LB International law::LBB Public international law::LBBR Public international law: human rights
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNT Social law and Medical law::LNTM Medical and healthcare law
thema EDItEUR::M Medicine and Nursing::MB Medicine: general issues::MBQ Medicolegal issues
thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law
thema EDItEUR::M Medicine and Nursing::MK Medical specialties, branches of medicine::MKL Psychiatry
url ONIX_20250515T115059_9781003802853_59