All-or-Nothing: Mental Capacity, Autonomy and Consent
Clayton Thompson, J. Forthcoming. All-or-Nothing: Mental Capacity, Autonomy and Consent. Second UK Mental Disability Law Conference. University of Nottingham 26 - 27 Jun 2018
Clayton Thompson, J. Forthcoming. All-or-Nothing: Mental Capacity, Autonomy and Consent. Second UK Mental Disability Law Conference. University of Nottingham 26 - 27 Jun 2018
| Title | All-or-Nothing: Mental Capacity, Autonomy and Consent |
|---|---|
| Authors | Clayton Thompson, J. |
| Abstract | This paper is concerned with the role of ‘Capacity’ as a conceptual basis for the law’s understanding and treatment of individuals with mental health concerns and mental disabilities. Focusing on the binary nature of the Capacity paradigm under the Mental Capacity Act 2005, it seeks to argue in favour of a more nuanced understanding of and response to circumstances of incapacity and partial capacity. It argues in favour of a spectral approach to issues of capacity and autonomy through reforms to the Mental Capacity Act to draw it more closely in line with the UN Convention on the Rights of Persons with Disabilities and wider social justice reforms. Under this framework, emphasis is drawn towards supported decision making through the lens of (Human) Rights; it does so by directing the discussion towards the means of exercising one’s rights rather than whether or not rights are held. |
| Conference | Second UK Mental Disability Law Conference |