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Author: Beverley Clough
Publisher: Policy Press
ISBN: 1529235626
Category : Law
Languages : en
Pages : 220
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Book Description
Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments. This collection brings together academics, practitioners and organizations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.
Author: Beverley Clough
Publisher: Policy Press
ISBN: 1529235626
Category : Law
Languages : en
Pages : 220
Get Book Here
Book Description
Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments. This collection brings together academics, practitioners and organizations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.
Author: Michael Plaxton
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773546197
Category : Law
Languages : en
Pages : 281
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Book Description
Revisiting the doctrine of implied consent in Canadian sexual assault law.
Author: The British Medical Association
Publisher: The Law Society
ISBN: 190769823X
Category :
Languages : en
Pages : 487
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Book Description
The Law Society and British Medical Association have produced a new edition of their practical guidelines on the assessment of mental capacity for all professionals working with people who lack, or who may lack, capacity to make decisions.
Author: Sarah Earle
Publisher: Taylor & Francis
ISBN: 1003829988
Category : Social Science
Languages : en
Pages : 164
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Book Description
This multi-disciplinary and inclusive collection brings together theoretically informed and empirically focused research on sex, intimacy and reproduction in relation to young people and adults with life-shortening conditions. Advances in healthcare mean that increasing numbers of young people with life-shortening conditions are transitioning into adulthood. Issues such as sex and intimacy, dating and relationships, fertility and having children are increasingly relevant to them and to the people that support them, including families, carers, practitioners and professional education, health and social care agencies. This three-part book explores the relevance and significance of this field, examines everyday experiences, and highlights the challenges faced by individuals and organisations in addressing the needs of such people in daily life and in the context of practice. Drawing on perspectives from sociology, disability studies, epidemiology, health policy, psychotherapy, legal studies, queer studies and nursing, this ground-breaking volume is written by academics, policy makers, practitioners and experts by experience. It is an essential read for all those practising and researching in the fields of sexuality, chronic illness and disability and transition.
Author: Nicholas K. F. O'Neill
Publisher:
ISBN: 9781743320082
Category : Capacity and disability
Languages : en
Pages :
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Book Description
Author: Sue Westwood
Publisher: Edward Elgar Publishing
ISBN: 1803925299
Category : Law
Languages : en
Pages : 615
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Book Description
In an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.
Author: Alan Wertheimer
Publisher: Cambridge University Press
ISBN: 9780521536110
Category : Law
Languages : en
Pages : 314
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Book Description
An important discussion of philosophical issues surrounding consent to sexual relations.
Author: Alan Reed
Publisher: Taylor & Francis
ISBN: 1317161920
Category : Law
Languages : en
Pages : 455
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Book Description
This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Author: Bernadette Mcsherry
Publisher: Routledge
ISBN: 1135016577
Category : Law
Languages : en
Pages : 367
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Book Description
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
Author: Mary Donnelly
Publisher: Bloomsbury Publishing
ISBN: 1509940359
Category : Law
Languages : en
Pages : 337
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Book Description
This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.
