Relationships, autonomy and legal capacity: Mental capacity and support paradigms

Series, Lucy

doi:10.1016/j.ijlp.2015.04.010

Cited by 115 publications

(71 citation statements)

References 48 publications

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“…They routinely filter out potential participants who they deem too vulnerable or chaotic. They may make reference to ‘lack of capacity’ but this does not mean they have made an assessment under the Mental Capacity Act 2005 (http://www.legislation.gov.uk/ukpga/2005/9/contents); an issue in itself [28]. They may also, for reasons of beneficence, exclude people with ambiguous or no residence rights.…”

Section: Reflectionsmentioning

confidence: 99%

Participatory research: real or imagined

Rose

2018

Soc Psychiatry Psychiatr Epidemiol

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BackgroundParticipatory research has as a central tenet that power relations between researcher and researched be reduced. In the last 20 years, a substantial literature has demonstrated the difficulties inherent in this as well as the troublesome nature of certain central concepts.Aims(1) To describe and illustrate a new form of participatory research where the researchers share at least something with the participants in the research. That is, all are users of mental health services. (2) To reflect on the novel form of participatory research in terms of whether it shares, mitigates or avoids some of the difficulties of more traditional forms and to pose the question: what is a mental health community?ResultsThe model described is new in that the researchers have a different status than in conventional participatory research. But it is illuminated by and itself illuminates issues of power relations in research and difficulties in reducing that; gatekeepers and the exclusion of crucial groups of service users; the confusion of demographic representativeness with the silencing of marginalized perspectives; coming out of the academic space and the shifting issue of what counts as ‘communities’ in mental health.ConclusionThe examples given are moderate in scale and relevant to social psychiatry. Yet they may change methods and the definition of participatory research and at the same time be vitiated by but also illuminate dilemmas already identified in the literature albeit in different formations.

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Section: Reflectionsmentioning

confidence: 99%

Participatory research: real or imagined

Rose

2018

Soc Psychiatry Psychiatr Epidemiol

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“…In parallel, the United Nations Convention on the Rights of Persons with Disabilities (the Convention) (2006) has been the catalyst for significant debate about decision-making rights of people with disabilities. Commentators have interpreted Article 12 of the Convention as breaking the nexus between mental and legal capacity, by asserting that everyone has the right to make decisions about their own life, irrespective of cognitive ability, and to have the necessary support to do so (Bach, 2017;Series, 2015).…”

Section: Introductionmentioning

confidence: 99%

“…The concept of supported decision making, first developed in Canada in the 1990s, is seen as a means of enacting intentions of the Convention (Bach, 2017;Carney, 2013;Series, 2015;Stainton, 2016). The underlying premise of supported decision making is that everyone has the right to self-determination and to exercise legal capacity and can express choices with support provided in the context of trusting relationships.…”

Section: Introductionmentioning

confidence: 99%

“…The roles of supporters are to explain issues, explore options, and support the expression of preferences (Carney & Beaupert, 2013), and may extend to engaging third parties in decision-making processes, making agreements that give effect to decisions, and implementing decisions (Bach & Kerzner, 2010). For people with more severe intellectual disability support may extend to interpreting signs and preferences, ascribing agency to a person's actions or co-constructing preferences (Series, 2015). Supported decision making, understood in this way requires a legal framework that recognises decision making as a shared process and gives formal standing to supporters.…”

Section: Introductionmentioning

confidence: 99%

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Providing support for decision making to adults with intellectual disability: Perspectives of family members and workers in disability support services

Bigby

Whiteside

Douglas

2017

Journal of Intellectual & Developmental Disability

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“…Here, the social model overlaps with other provocative developments, including Fineman's vulnerability theory (Fineman, 2008), Nussbaum's work on the 'capabilities approach' (Harnacke, 2013), and feminist and other work on the concept of 'relational autonomy' (e.g., Mackenzie, 2014;Series, 2015). Space precludes further discussion, but it is important to appreciate that the social model of disability is embedded in a broader project to deconstruct the autonomous subject so central to liberal political and legal theories.…”

Section: The Social Model Of Disability Children and Childhoodmentioning

confidence: 93%

A Clash of Conventions? Participation, Power and the Rights of Disabled Children

Sandland

2017

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This article considers the neglected topic of the relationship between the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, with regard to the participation rights of disabled children. It analyses key articles in both conventions and considers relevant general comments from both convention committees (the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities), and their interpretation by academic contributors. The article argues that much work on this topic fails to develop an adequate understanding of power relations, and that the 'social model of disability' which underpins the disabilities convention, when applied to 'childhood' (as opposed to 'children') suggests that the implications of that convention for the participation rights of all children, not only disabled children, are profound. This is because the disabilities convention rejects the relevance of tests of capacity and 'best interests' for disabled adults, for reasons which are equally germane to disabled children, and children in general. The article concludes with discussion of the difficulties in implementing the insights derived from the analysis of the disabilities convention in substantive law in the absence of a right to freedom from age discrimination for children, and suggests other, less far-reaching, reforms that could be made this notwithstanding.

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Relationships, autonomy and legal capacity: Mental capacity and support paradigms

Cited by 115 publications

References 48 publications

Participatory research: real or imagined

Participatory research: real or imagined

Providing support for decision making to adults with intellectual disability: Perspectives of family members and workers in disability support services

A Clash of Conventions? Participation, Power and the Rights of Disabled Children

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