TY - JOUR
AU - Wilson, Kay
AB - 576 � Medical Law Review, 2024, Vol. 32, No. 4 Conflict of interest. None declared. 1,2 Andrea Martani Insitute for Biomedical Ethics, University of Basel, Switzerland Dept. of Legal Theory and Legal History, Faculty of Law, Vrije Universiteit Amsterdam, The Netherlands https://doi.org/10.1093/medlaw/fwae025 Advance access publication July 15, 2024 Cambridge: Cambridge University Press, 2023, hard back, 272 pp, $AUD 179.95, ISBN: 978-1-009-30452-8 The abolition of substituted decision-making was the most contentious issue between states parties and civil society groups during the negotiation of the Convention on the Rights of Persons with Disabilities (CRPD) and almost derailed the whole convention. (Substituted decision-making refers to decisions made for adults with cognitive and mental impairments by a third party, or substitute, in the adult’s best interests such as through guardianship and involuntary detention and psychiatric treatment.) Unfortunately, the matter was left unre- solved with the text of the CRPD neither expressly permitting substituted decision-making nor requiring its abolition, and a number of states parties making interpretive declarations that substituted decision-making was permissible as a last resort. The resultant ambiguity, particularly on the interpretation of Article 12 (the right to legal capacity), has meant that the issue has been the subject of fierce international 
TI - Julia Duffy, Mental Capacity, Dignity and the Power of International Human Rights
JF - Medical Law Review
DO - 10.1093/medlaw/fwae021
DA - 2024-06-27
UR - https://www.deepdyve.com/lp/oxford-university-press/julia-duffy-mental-capacity-dignity-and-the-power-of-international-2VhTUiLN8h
SP - 576
EP - 580
VL - 32
IS - 4
DP - DeepDyve
ER -