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This chapter will examine the human rights norms established in Article 12 of the CRPD regarding the right to legal capacity. It will explore how pushback against these norms has emerged and how this interacts with states’ efforts to work towards full compliance with Article 12. This chapter will assess how different domestic legal systems have achieved the repeal of adult guardianship and substituted decision-making regimes and replaced these with supported decision-making systems that recognise disabled people’s autonomy and respect their will and preferences. In so doing, it will consider what lessons can be learned from legal systems where reforms on Article 12 have occurred to date for others engaged in similar reform efforts across the globe.

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Legal Capacity in Global Perspective: Translating International Human Rights Norms in Domestic Legal Systems

  • 章节

  • 出版模式：

    开放获取

  • 发表日期：

    2026年

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  • Eilionóir Flynn

摘要

This chapter will examine the human rights norms established in Article 12 of the CRPD regarding the right to legal capacity. It will explore how pushback against these norms has emerged and how this interacts with states’ efforts to work towards full compliance with Article 12. This chapter will assess how different domestic legal systems have achieved the repeal of adult guardianship and substituted decision-making regimes and replaced these with supported decision-making systems that recognise disabled people’s autonomy and respect their will and preferences. In so doing, it will consider what lessons can be learned from legal systems where reforms on Article 12 have occurred to date for others engaged in similar reform efforts across the globe.