This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.
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Verlagsort
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Für höhere Schule und Studium
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30 Tables, black and white; 15 Line drawings, black and white; 2 Halftones, black and white; 17 Illustrations, black and white
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978-1-003-80290-7 (9781003802907)
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Schweitzer Klassifikation
Maciej Domanski is Assistant Professor at the Chair of Civil Law, Faculty of Law and Administration, University of Warsaw, and at the Institute of Justice in Warsaw. He was appointed as a chairman (2016-2017) of the team for legal capacity of natural persons established by the Minister of Justice. From 2011 to 2015, he was a member of the Special Committees of the Civil Law Codification Committee at the Polish Ministry of Justice for the legal capacity of persons with mental disabilities and for family law. He served as an expert in the Polish delegation to the 20th session of the UN Committee on the Rights of Persons with Disabilities (Geneva 3-5, September 2018).
Boguslaw Lackoronski is Assistant Professor at the Chair of Civil Law, Faculty of Law and Administration, University of Warsaw. He also cooperates with the Department of Regional and Global Studies, Faculty of Political Science and International Studies, University of Warsaw. He was a legislative expert in the Bureau of Research Chancellery of the Sejm of the Republic of Poland (Parliamentary Office Research) (2014-2017).
Introduction; Part I: General; 1. Active legal capacity of natural persons and its inter-sectional relevance to the legal system; 2. Legal-international analysis of Article 12 of the United Nations Convention on the Rights of Persons with Disabilities: The impact of the Vienna Convention on the Law of Treaties and the International Bill of Human Rights; 3. Outline of the legal situation of persons with mental disabilities (Furiosi) in Roman law; Part II: Implementation of the Article 12 of the CRPD (Country Reports and Comparative Analysis); 4. Introductory remarks; 5. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Austria; 6. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Catalan legal system; 7. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Republic of Chile; 8. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in China's Mainland; 9. Implementation of Article 12 of UN Convention on the Rights of Persons with Disabilities in the Czech Republic; 10. Implementation of Article 12 of UN Convention on the Rights of Persons with Disabilities in the Republic of Estonia; 11. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Republic of Finland; 12. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in France; 13. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Georgia; 14. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Federal Republic of Germany; 15. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in India; 16. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Ireland; 17. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Italy; 18. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Kuwait; 19. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Netherlands; 20. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in New Zealand; 21. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Norway; 22. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in the Republic of Peru; 23. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Singapore; 24. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Spain; 25. Implementation of Article 12 the UN Convention on the Rights of Persons with Disabilities in the Kingdom of Sweden; 26. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Switzerland; 27. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Turkey; 28. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in England & Wales and Northern Ireland; 29. Implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in Venezuela; 30. Comparative analysis of the transposition of Article 12 of the UN Convention on the Rights of Persons with Disabilities; Part III: Active legal capacity - Polish law perspective; 31. Historical analysis of the regulation of active legal capacity which have been in force within Polish territory - historical regulatory models; 32. Characteristics of the Polish legal capacity regulatory model; 33. Polish contemporary regulation of active legal capacity in the light of standards established in Article 12 of the UN Convention on the Rights of Persons with Disabilities; 33a. Introductory remarks; 33b. Curatorship for a person incapacitated partially in the light of Article 12 of the CRPD; 33c. Curatorship of a person with disabilities in the light of Article 12 of the CRPD; 33d. Plenary guardianship in the light of the CRPD Article 12 standard; 34. Significance of regulation concerning active legal capacity for protection of persons with disabilities under criminal law; 35. Transposing CRPD Article 12 standards into the Polish legal system; Part IV: Active Legal Capacity - Non-Legal Aspects (Psychological, Psychiatric And Diagnostic Aspects); 36. Active legal capacity and its restrictions - psychological aspects; 37. Active legal capacity and its restrictions - psychiatric aspects; 38. Active legal capacity and its restrictions - diagnostic aspects; 39. Concluding remarks
