Mental Capacity Bill - A threat to the vulnerable

New Law Journal 154:1165 (2004)

Authors
Jacqueline A. Laing
Oxford University (DPhil)
Abstract
Helga Kuhse suggested in 1985 at a session of the World Federation of Right to Die Societies in Nice, that once dehydration to death became legal and routine in hospitals, people would, on seeing the horror of it, seek the lethal injection. The strategy of legalising passive euthanasia is itself flawed. Laing argues that the Mental Capacity Bill threatens the vulnerable by inviting breaches of arts 2,3,5,8, and 14 of the European Convention on Human Rights. Most at risk are the disabled and incapacitated. Sections permitting non-therapeutic research and non consensual sterilisation are at odds with the Nuremberg Code. New third party powers to dehydrate the vulnerable permit new systemic human rights abuse of a clinical though not historically unfamiliar variety.
Keywords Mental incapacity  Disability  Dehydration  Withdrawing and withholding
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 40,164
External links

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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Disabled Need Our Protection.Jacqueline A. Laing - 2004 - Law Society Gazette 101:12.
Schizophrenia, Mental Capacity, and Rational Suicide.Jeanette Hewitt - 2010 - Theoretical Medicine and Bioethics 31 (1):63-77.
Running Before We Can Walk: Do We Have the Capacity?Toby Williamson - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):147-150.
Mental Capacity and the Applied Phenomenology of Judgement.Wayne Martin & Ryan Hickerson - 2013 - Phenomenology and the Cognitive Sciences 12 (1):195-214.
On Risk and Decisional Capacity.David Checkland - 2001 - Journal of Medicine and Philosophy 26 (1):35 – 59.
Decision-Making Capacity and the Deprivation of Liberty Safeguards.Peter Lucas - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):117-122.
Capacity, Mental Mechanisms, and Unwise Decisions.Tim Thornton - 2011 - Philosophy, Psychiatry, and Psychology 18 (2):127-132.

Analytics

Added to PP index
2012-09-15

Total views
19 ( #423,148 of 2,237,324 )

Recent downloads (6 months)
5 ( #388,281 of 2,237,324 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature