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      At the Interface Between Paradigms: English Mental Capacity Law and the CRPD


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          The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is rightly seen as a break from the past in mental capacity law. At the same time, implementation will occur in the specific existing legal and administrative contexts of each State. This article uses English mental capacity law to explore these issues. The English Mental Capacity Act 2005 (MCA) can be considered the best of the “old” paradigm. The article argues that there are continuities between it and a CRPD-compliant approach. These continuities should be built upon. Further, the implementation of the MCA is still in recent memory. The lessons of that implementation will have considerable application to moves toward CRPD compliance. CRPD compliance is not just about specialist stator guardianship régimes. It is also about a myriad of law, currently capacity based, located in specific legal areas such as contract, wills and succession, and criminal law. Reform in these areas will involve not just disability law, but successful integration into those other legal areas, a matter requiring the involvement of those knowledgeable in those other areas. Since change in these areas will involve the removal of disability as a gateway criterion, they will affect the public as a whole, and the thus, determination of the degree and sort of intervention that the broader public will consider appropriate.

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          Legislating personhood: realising the right to support in exercising legal capacity

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            Relationships, autonomy and legal capacity: Mental capacity and support paradigms

              • Record: found
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              Navigating the 'Flashing Amber Lights' of the Right to Legal Capacity in the United Nations Convention on the Rights of Persons with Disabilities: Responding to Major Concerns

              P. Gooding (2015)

                Author and article information

                Front Psychiatry
                Front Psychiatry
                Front. Psychiatry
                Frontiers in Psychiatry
                Frontiers Media S.A.
                02 September 2020
                : 11
                [1]School of Law and Institute of Mental Health, University of Nottingham , Nottingham, United Kingdom
                Author notes

                Edited by: Penelope June Weller, RMIT University, Australia

                Reviewed by: Gauthier De Beco, University of Huddersfield, United Kingdom; Stefano Barlati, University of Brescia, Italy

                *Correspondence: Peter Bartlett, peter.bartlett@ 123456nottingham.ac.uk

                This article was submitted to Social Psychiatry and Psychiatric Rehabilitation, a section of the journal Frontiers in Psychiatry

                Copyright © 2020 Bartlett

                This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) and the copyright owner(s) are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

                : 16 June 2020
                : 12 August 2020
                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 41, Pages: 13, Words: 11789
                Hypothesis and Theory

                Clinical Psychology & Psychiatry
                convention on the rights of persons with disabilities,mental capacity,mental disability,law,policy implementation,supported decision-making


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