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Arstein-Kerslake, A,Flynn, E
International Journal Of Human Rights
The General Comment on Article 12 of the Convention on the Rights of Persons with Disabilities: a roadmap for equality before the law
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disability human rights legal capacity supported decision-making MENTAL-HEALTH LAW SUBSTITUTED JUDGMENT
This article examines General Comment No. 1 on the right to equal recognition before the law adopted by the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee). This general comment deals with the contentious right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. There has been much debate about how to secure the right to legal capacity of persons with disabilities while simultaneously providing sufficient protection for other rights, such as the rights to health and freedom from abuse and ill treatment. This article tackles this difficult debate and outlines the solutions proposed in the general comment. It tells the story of the creation of the general comment, based on the authors' experiences supporting the CRPD Committee during its drafting. It concludes that the general comment is a valuable framework for the effective implementation of Article 12.
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