Then Shih-Ning, Carney Terry, Bigby Christine, Douglas Jacinta
Australian Centre for Health Law Research, Faculty of Law, Queensland University of Technology (QUT), Australia.
School of Law, Eastern Avenue, University of Sydney, NSW 2006, Australia.
Int J Law Psychiatry. 2018 Nov-Dec;61:64-75. doi: 10.1016/j.ijlp.2018.09.001. Epub 2018 Sep 21.
Article 12 of the UNCRPD on equal recognition before the law, places an obligation on member states to 'provide access by persons with disabilities to the support they may require in exercising their legal capacity'. This has resulted in an increased focus on the concept and practice of supported decision-making, as opposed to substitute decision-making, for those with cognitive disabilities. To date, translation of this concept into law has been limited. However, Law Reform Agencies, tasked with reviewing legal decision-making schemes are increasingly recommending incorporation of legally recognised supported decision-making measures. This paper identifies the contribution of Law Reform Agencies' reports and recommendations to the evolving body of knowledge in relation to supported decision-making. In particular, it analyses the rationales for recommendations favouring the introduction of forms of legally recognised supported decision-making and the types of legal models of supported decision-making being recommended by Law Reform Agencies.
《联合国残疾人权利公约》第十二条关于在法律面前获得平等承认的规定,要求成员国“确保残疾人在行使其法律能力时能够获得所需的支持”。这使得人们更加关注为认知障碍者提供支持性决策而非替代性决策的概念和实践。迄今为止,这一概念转化为法律的情况有限。然而,负责审查法律决策方案的法律改革机构越来越多地建议纳入法律认可的支持性决策措施。本文确定了法律改革机构的报告和建议对支持性决策相关知识不断发展所做的贡献。特别是,它分析了支持引入法律认可的支持性决策形式的建议依据,以及法律改革机构所推荐的支持性决策法律模式的类型。