David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Family Law Journal 35:137-143 (2005)
The Mental Capacity Bill endangers the vulnerable by inviting human rights abuse. It is perhaps these grave deficiencies that prompted the warnings of the 23rd Report of the Joint Committee on Human Rights highlighting the failure of the legislation to supply adequate safeguards against Articles 2, 3 and 8 incompatibilities. Further, the fact that it is the mentally incapacitated as a class that are thought ripe for these and other kinds of intervention, highlights the Article 14 discrimination inherent in this and related legislation. The financial, medical and research interests that underpin the legislation highlight how the legilsation endangers the ulnerable. It appears to be both a responsibility shifting exercise. Most alarmingly of all, efforts to permit non-therapeutic research on the non-consenting vulnerable as well as sterilisation and abortion on those who do not consent suggest that the legislation heralds a new era o gross human rights abuse in instutions around the UK.
|Keywords||Mental Capacity Act. European Convention on Human Rights Discrimination Nuremberg Code Non therapeutic research Non consensual sterilisation|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Jacqueline A. Laing (2004). Mental Capacity Bill - A Threat to the Vulnerable. New Law Journal 154:1165.
Jacqueline A. Laing (2004). Disabled Need Our Protection. Law Society Gazette 101:12.
Jacqueline A. Laing (2008). Food and Fluids: Human Law, Human Rights and Human Interests. In C. Tollefsen (ed.), Artificial Nutrition and Hydration. Springer Press 77--100.
Maurizio Mori & Demetrio Neri (2001). Perils and Deficiencies of the European Convention on Human Rights and Biomedicine. Journal of Medicine and Philosophy 26 (3):323 – 333.
F. William Dommel & Duane Alexander (1997). The Convention on Human Rights and Biomedicine of the Council of Europe. Kennedy Institute of Ethics Journal 7 (3):259-276.
Amartya Sen (2012). The Global Reach of Human Rights. Journal of Applied Philosophy 29 (2):91-100.
Martin Gunderson (2006). Human Rights, Dignity, and the Science of Genetic Engineering. Social Philosophy Today 22:43-57.
Frederic Megret, The Disabilities Convention: Human Rights of Persons with Disabilities or Disability Rights?
Sylvie Bacquet, School Uniforms, Religious Symbols and the Human Rights Act 1998: The 'Purity Ring' Case.
Terry Carney & Fleur Beaupert, Mental Health Tribunals: Rights Drowning in Un-'Chartered' Health Waters?
Mayra Gómez (2003). Human Rights in Cuba, El Salvador, and Nicaragua: A Sociological Perspective on Human Rights Abuse. Routledge.
Added to index2012-09-15
Total downloads8 ( #276,630 of 1,726,249 )
Recent downloads (6 months)1 ( #369,877 of 1,726,249 )
How can I increase my downloads?