Abstract
This article addresses the right to legal capacity to consent to sex of people with intellectual disabilities. Article 12 of the Convention on the Rights of Persons with Disabilities guarantees the right to legal capacity on an equal basis in all areas of life. This article discusses sex as an area of life in which people with intellectual disabilities are frequently not being granted legal capacity on an equal basis. The article examines current capacity to consent to sex law in Ireland, England and Wales in light of Article 12. It proposes an ‘agreement model’ as a potential alternative that would be Article 12 compliant.
| Original language | English |
|---|---|
| Pages (from-to) | 1459-1473 |
| Number of pages | 15 |
| Journal | Disability and Society |
| Volume | 30 |
| Issue number | 10 |
| DOIs | |
| Publication status | Published - 26 Nov 2015 |
| Externally published | Yes |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- United Nations Convention on the Rights of Persons with Disabilities Article 12
- consent to sex
- intellectual disabilities
- legal capacity
- sexual offences
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