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"Using illustrative case studies, Julia Duffy shows how the assumption that autonomy is the basis of philosophical and legal personhood fails to accommodate the human rights and healthcare needs of adults with cognitive disability. Instead, she develops a framework for understanding dignity as the key determiner of personhood for all"--
List of contents
1. Introduction and background; 2. Article 12; 3. The principle of indivisibility and article 12; 4. Article 12 and autonomy; 5. Article 12 and dignity; 6. Article 12 and equality; 7. Conclusion; Index.
About the author
Julia Duffy is a Research Fellow at the Australian Centre for Health Law Research at the Australian Centre for Health Law Research at the Queensland University of Technology. She writes and publishes in the area of cognitive disability, decision-making and human rights law and theory, and provides research and consultancy services to government and non-government agencies on supported decision-making and related areas. She has been a member of two health practitioner regulatory boards, a legal member of Queensland's Mental Health Review Tribunal and was for many years a member of the board of Family Planning Queensland. Julia has also had a substantial career as a government policy advisor, lawyer and senior executive, including roles as Chief Executive of a major Commission of Inquiry into Child Protection and as Deputy Public Guardian.
Summary
Using illustrative case studies, Julia Duffy shows how the assumption that autonomy is the basis of philosophical and legal personhood fails to accommodate the human rights and healthcare needs of adults with cognitive disability. Instead, she develops a framework for understanding dignity as the key determiner of personhood for all.
Foreword
Explores how society's privileging of autonomy and of civil and political freedoms, fails to uphold the human rights of those with cognitive disability.
