Moderated by Alex Ruck Keene, 39 Essex Chambers & King's College London
Prominent interpretations of the UN Convention on the Rights of Persons with Disabilities have adopted strong positions on the question of legal capacity, which concerns the holding and exercising of rights and duties, for example in the control of one’s own medical and financial affairs. The position is that under article 12 of the Convention, mental incapacity must not be used as a justification for denying legal capacity. This raises questions about mental incapacity as a basis for limiting legal capacity. We ask: Which moral and legal concerns are becoming decisive? What justifies the position against mental incapacity as a basis for limiting legal capacity? Is there a place for mental capacity assessments within support-based legal capacity paradigms?
Graham Morgan, Mental Welfare Commission for Scotland
Sándor Gurbai, University of Essex & Essex Autonomy Project
Michael Bach, Institute for Research and Development on Inclusion and Society (IRIS)
Scott Kim, National Institutes of Health