Supporting Legal Capacity in Socio-Legal Context

Acknowledgements
Contents
List of Contributors
1. Situating the Right to Enjoy Legal Capacity
	1. Introduction
	II. Legal Capacity as a Cornerstone of the  CRPD
	III. About the Book
	IV. Concluding Remarks
PART I:
CHARTING THE CONCEPTUAL CONTOURS
OF CAPACITY LAW
	2. Support Relationships in Law: Framing, Fictions and the Responsive State
		1. Introduction
		II. Framing Support Relationships in Law
		III. Universal Access to Support
		IV. Conclusion
	3. The Problem of Influence: Autonomy, Legal Capacity and the Risk of Theoretical Incoherence
		1. Introduction
		II. Autonomy, Legal Capacity, Mental Capacity, and Article 12
		III. Rethinking Autonomy and Legal Capacity
		IV. (Re)Considering Autonomy in General Comment No 1
		V. Conclusion
	4. The Significance of Strong Evaluation and Narrativity in 
Supporting Capacity
		1. Introduction
		II. Agency and Strong Evaluation
		III. Motivational Sources
		IV. Conclusion
	5. Functional Capacity Assessments by Healthcare Professionals: Problems and Mitigating Strategies
		1. Introduction
		II. Functional Assessment of Capacity and the CRPD
		III. Problems with the Functional Approach to Capacity
		IV. Improving Practice in Functional Assessments of Capacity
		V. Conclusions
	6. Charting a Path to Non-coercive Mental Healthcare: The Rhizomatic Nature of Universal Legal Capacity and the Support Paradigm
		1. Introduction
		II. The Right to Liberty Within the CRPD
		III. Linkages Within the Rhizome: Legal Capacity, Community, Health
		IV. New 'Multiplicities'
		V. A Failure to Flourish – The Example of Ireland
		VI. Understanding Progressive Realisation as the Facilitator of Rhizomic Connection
		VII. Conclusion
Part II: Reforming Capacity Law: 
Making, Shaping and InterpretingLegal Frameworks
	7. The (Contested) Role of the Academy in Activist Movements for Legal Capacity Reform: A Personal Reflection
		I. Background to the Legislative Reform
		II. The Development and Evolution of the Coalition
		III. Agreeing the Principles – 'Don't Mistake Silence for Consensus!'
		IV. Getting the Message Out on Supported Decision-Making
		V. Publication of the Bill and Emerging Legislative Clarity
		VI. Parliamentary Engagement and Political Negotiation
		VII. Conclusion
	8. Enabling Supported Decision-making in India's
 Mental Healthcare Act, 2017: Learnings from a Low-Resource Country Setting
		1. Introduction
		II. Right to Health Under the Indian Constitution
		III. The Mental Healthcare Act, 2017 (MHCA)
		IV. Supported Decision-Making Under the MHCA: Addressing Critiques
		V. The CRPD and Supported Decision-Making
		VI. Concluding Observations of the CRPD Committee
		VII. Conclusion
	9. Reflections on the Reform of Spanish Civil Legislation on Legal Capacity of Persons with Disabilities
		1. Introduction
		II. The Pre-Reform Substituted Decision-making Framework in Spain
		III. The Reform of Legal Capacity Law
		IV. Assessment of the Legal Reform in Light of the CRPD
		V. Conclusion
	10. Adapting or Discarding the Status Quo? Supporting the Exercise of Legal Capacity in Scottish Law and Practice
		1. Introduction
		II. The CRPD Paradigm Shift: It is all About Equality!
		III. The Role of National Legislation and Supported Decision-Making
		IV. Equal and Non-Discriminatory Rights Enjoyment for Persons with Mental Disabilities
		V. Article 12 Implement Using the Capabilities Approach
		VI. Conclusion
	11. Performing Disability Rights: State
Reporting and Turkey's (Non)Engagement with the CRPD
		1. Introduction
		II. Disability Legislation and Policy in Turkey
		III. Legal Capacity in Turkish Laws
		IV. Turkey's State Report: Performing Disability Rights
		V. Conclusion
Part III: 
Supporting Legal Capacity in Everyday Life: Balancing Empowerment and Safeguards
	12. Autonomy of a Person under Guardianship: Self-determination in the Theory and Practice of Guardianship Law in Finland
		1. Introduction
		II. The Right to Self-Determination of a Person Under Guardianship
		III. Conclusions
	13. Autonomy, Capacity, and Vulnerability: Making Decisions on Social Services for Persons with Dementia in Sweden
		1. Introduction
		II. Swedish Care Provision for Cognitively Impaired Persons
		III. Participation Through Representation
		IV. Forms of Representation
		V. Final Word
	14. Law's
Legitimacy and Social Work Support in Safeguarding Adults at Risk of Abuse in England
		1. Introduction
		II. Legitimacy, Authority and Coercion: The Resort to Law in High-Risk cases
		III. Safeguarding and Support for Decision-Making with at Risk Adults
		IV. Conclusion
	15. Putting the Pieces Together: Article 12, 'Safeguarding'
and the Right to Legal Capacity
		1. Introduction
		II. Mental Capacity, Mental Disability, and the Exercise of Legal Capacity
		III. Developing Safeguards for Exercise of Legal Capacity: A Way Forward
		IV. Concluding Remarks
	16. Supporting Everyday Legal Capacity: Navigating the Complexities of Putting Rights into Practice
		I. Introduction
		II. Methodological Note: The Everday Decisions Research
		III. Supporting Legal Capacity in English Law
		IV. Tensions in the Stratified Approach to Supporting Legal Capacity
		V. The Potential Benefits of a Formal Numinated Supporter Scheme
		VI. Concluding Remarks
Index