| Beschreibung: |
The equality and rights of persons with mental impairments have become an important focal point of reference for policy developments and legal reform. In the 21st century, the normative shifts in law and policy are often said to be driven by the United Nations Convention on the Rights of Persons with Disabilities. However, comparative analyses of the different legal approaches to mental capacity law reveal a far more complex picture of historical, sociocultural and political influences. Such influences substantively impact the shape and constitutive values of even superficially similar legal frameworks, as well as their practical instantiation in terms of whether persons with impairments may be empowered and encouraged to participate in decision making that affects their lives. This book takes an international comparative perspective to probe different legal approaches to mental capacity or guardianship, drawing insights from common law, civil law and hybrid law systems. It provides insights into the commonalities and divergences in normative orientation and practical application within different legal frameworks, probing the values that are embedded within different legal systems, as well as their imperfect realisation in practice. These cross-jurisdictional comparisons will be vital to emphasise the contextual framing of mental capacity law. This contextual framing will help bring to light a shared language about capacity law, such that constructive dialogue and learning across different legal approaches might advance our understanding of this area of law and foster respect for persons with mental impairments.
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