State intervention in the lives of people with disabilities: the case for a disability-neutral framework. Issue 1 (15th February 2017)

• Record Type: Journal Article
• Authors: Flynn, Eilionóir; Arstein-Kerslake, Anna
• Editors: Degener, Theresia
• Is Part Of: International journal of law in context. Volume 13:Issue 1(2017)
• Page Start: 39
• Page End: 57
• Publication Date: 2017-02-15
• Subjects: 340.11505
• DOI: 10.1017/S1744552316000495
• Languages: English
• ISSNs: 1744-5523

Abstract

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.