Equal Recognition Before the Law: Legal Capacity as a Gatekeeper Right for Older Persons

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Abstract

This article examines the recognition of the older persons right to make decisions and have those decisions respected (legal capacity) in the Irish context. This article considers recognition of the legal capacity of older persons as a gatekeeper right to the recognition of other human rights. The relevant provisions of the UN Convention on the Rights of Persons with Disabilities (CRPD) on supported decision- making are outlined in the article and focuses on their application to older persons. The article then considers the current legal position in Ireland and the potential impact of the Assisted Decision-Making (Capacity) Bill 2013 to support older persons to make decisions about their own lives. There is critical discussion of the 2013 Bill and an evaluation of its compliance with the CRPD. 
Original languageEnglish (Ireland)
JournalThe Irish Community Development Law Journal
Volume4
Issue number1
Publication statusPublished - 1 Jul 2015

Authors (Note for portal: view the doc link for the full list of authors)

  • Authors
  • Charles O'Mahony

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