Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-jkksz Total loading time: 0 Render date: 2024-12-13T19:49:22.187Z Has data issue: false hasContentIssue false

4 - Article 12 and Autonomy

Published online by Cambridge University Press:  03 August 2023

Julia Duffy
Affiliation:
Queensland University of Technology
Get access

Summary

Chapter 4 explains how in traditional liberalism, autonomy as the ability to reason has been recognised as the foundation for personhood, thereby excluding adults with cognitive disability. Interpretations of Article 12 that require the abolition of decision-making by substitutes refashion autonomy from being marked by rationality and independence to being marked by shared personhood and interdependence so as to include adults with cognitive disability. I argue that these refashionings ultimately fail because despite avowals to the contrary, they perpetuate the privileging of rationality and of the bounded, independent individual. They also fail to recognise the interdependency of Article 12 with other rights in the CRPD, especially socio-economic rights. I argue that a concept of autonomy as achievement, as the development of autonomy competencies, as demanding the availability of a range of options and as demanding recognition of the indivisibility of human rights is the autonomy underpinning Article 12 and the CRPD.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Article 12 and Autonomy
  • Julia Duffy, Queensland University of Technology
  • Book: Mental Capacity, Dignity and the Power of International Human Rights
  • Online publication: 03 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009304481.004
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Article 12 and Autonomy
  • Julia Duffy, Queensland University of Technology
  • Book: Mental Capacity, Dignity and the Power of International Human Rights
  • Online publication: 03 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009304481.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Article 12 and Autonomy
  • Julia Duffy, Queensland University of Technology
  • Book: Mental Capacity, Dignity and the Power of International Human Rights
  • Online publication: 03 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009304481.004
Available formats
×