Book contents
- Mental Capacity, Dignity and the Power of International Human Rights
- Cambridge Bioethics and Law
- Mental Capacity, Dignity and the Power of International Human Rights
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties
- Abbreviations
- 1 Introduction and Background
- 2 Article 12 – Context and Background
- 3 The Principle of Indivisibility and Article 12
- 4 Article 12 and Autonomy
- 5 Article 12 and Dignity
- 6 Article 12 and Equality
- 7 Conclusion
- References
- Index
- Cambridge Bioethics and Law
6 - Article 12 and Equality
Published online by Cambridge University Press: 03 August 2023
- Mental Capacity, Dignity and the Power of International Human Rights
- Cambridge Bioethics and Law
- Mental Capacity, Dignity and the Power of International Human Rights
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties
- Abbreviations
- 1 Introduction and Background
- 2 Article 12 – Context and Background
- 3 The Principle of Indivisibility and Article 12
- 4 Article 12 and Autonomy
- 5 Article 12 and Dignity
- 6 Article 12 and Equality
- 7 Conclusion
- References
- Index
- Cambridge Bioethics and Law
Summary
Chapter 6 argues that in interpreting the right to legal capacity ‘on an equal basis with others’, a substantive notion of inclusive equality must be applied. In doing so, it applies but also critiques General Comment No 6: On Equality and Non-Discrimination, published by the United Nations Committee on the Rights of Persons with Disabilities. Inclusive equality demands recognition of the difference of impairment and associated disadvantages. Once difference is acknowledged, either supported decision-making or decision-making by substitutes may be required to recognise an adult’s legal capacity ‘on an equal basis with others’ and to promote inclusion. This chapter draws on existing commentary explaining the ‘hybrid’ nature of the right to equality in bridging both socio-economic and civil and political rights and driving the principle of indivisibility.
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- Publisher: Cambridge University PressPrint publication year: 2023