State intervention in the lives of people with disabilities: the case for a disability-neutral framework
Flynn, Eilionóir Arstein-Kerslake, Anna
Flynn, Eilionóir
Arstein-Kerslake, Anna
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Publication Date
2017-02-15
Type
Article
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Citation
Flynn, E., & Arstein-Kerslake, A. (2017). State intervention in the lives of people with disabilities: The case for a disability-neutral framework. International Journal of Law in Context, 13(1), 39-57. doi:10.1017/S1744552316000495
Abstract
People with disabilities continue to experience a disproportionately high level of state intervention in their private lives. Many disabled people's organisations have long sought to challenge this discriminatory approach and, in recent times, have relied upon the provisions of the UN Convention on the Rights of Persons with Disabilities in support of their claims. In this paper, we argue for the abolition of disability-specific legal bases for state intervention in the private lives of adults. We also argue for the introduction of a narrower disability-neutral legislative framework for state intervention in the lives of all adults - based on risk of imminent and serious harm to the individual's life, health or safety, while providing greater respect for the person's legal capacity as expressed through her will and preferences.
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Publisher
Cambridge University Press
Publisher DOI
10.1017/S1744552316000495
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Attribution-NonCommercial-NoDerivs 3.0 Ireland