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Author: Anna Arstein-Kerslake
Publisher: Oxford University Press
ISBN: 0192657747
Category : Law
Languages : en
Pages : 160
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Book Description
Legal personhood is required for voting, marrying, inheriting, contracting, consenting, and other critical social acts that can be predicates to power and privilege. The Right to Legal Personhood of Marginalised Groups addresses personhood and legal capacity as human rights issues, in particular as they relate to disabled people, migrant groups, indigenous peoples, racial minorities, women, and gender minorities. The concepts of personhood, legal capacity, and agency have conflicting definitions in the literature, and there is a lack of clarity regarding their application. Dr. Anna Arstein-Kerslake brings her expertise as a renowned thinker in the areas of human rights, disability rights, gender justice, and legal personhood to this discussion. She provides clarity on personhood and legal capacity by developing definitions of these concepts based on the articulation of the right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. She then applies these definitions to the situations of various minority groups. The Right to Legal Personhood of Marginalised Groups has the potential to significantly enrich the understanding of how and why marginalised groups are denied equality. It goes beyond the traditional analysis of discrimination and equal protection of the law and explores a new social justice imperative: equal recognition before the law.
Author: Anna Arstein-Kerslake
Publisher: Oxford University Press
ISBN: 0192657747
Category : Law
Languages : en
Pages : 160
Get Book Here
Book Description
Legal personhood is required for voting, marrying, inheriting, contracting, consenting, and other critical social acts that can be predicates to power and privilege. The Right to Legal Personhood of Marginalised Groups addresses personhood and legal capacity as human rights issues, in particular as they relate to disabled people, migrant groups, indigenous peoples, racial minorities, women, and gender minorities. The concepts of personhood, legal capacity, and agency have conflicting definitions in the literature, and there is a lack of clarity regarding their application. Dr. Anna Arstein-Kerslake brings her expertise as a renowned thinker in the areas of human rights, disability rights, gender justice, and legal personhood to this discussion. She provides clarity on personhood and legal capacity by developing definitions of these concepts based on the articulation of the right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. She then applies these definitions to the situations of various minority groups. The Right to Legal Personhood of Marginalised Groups has the potential to significantly enrich the understanding of how and why marginalised groups are denied equality. It goes beyond the traditional analysis of discrimination and equal protection of the law and explores a new social justice imperative: equal recognition before the law.
Author: Elizabeth Jane Macpherson
Publisher: Cambridge University Press
ISBN: 1108473067
Category : History
Languages : en
Pages : 313
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Book Description
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Author: Lindsey N. Kingston
Publisher: Oxford University Press
ISBN: 0190918284
Category : Political Science
Languages : en
Pages : 313
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Book Description
Citizenship within our current international system signifies being fully human, or being worthy of fundamental human rights. For some vulnerable groups, however, this form of political membership is limited or missing entirely, and they face human rights challenges despite a prevalence of international human rights law. These protection gaps are central to hierarchies of personhood, or inequalities that render some people more "worthy" than others for protections and political membership. As a remedy, Lindsey N. Kingston proposes the ideal of "functioning citizenship," which requires an active and mutually-beneficial relationship between the state and the individual and necessitates the opening of political space for those who cannot be neatly categorized. It signifies membership in a political community, in which citizens support their government while enjoying the protections and services associated with their privileged legal status. At the same time, an inclusive understanding of functioning citizenship also acknowledges that political membership cannot always be limited by the borders of the state or proven with a passport. Fully Human builds its theory by looking at several hierarchies of personhood, from the stateless to the forcibly displaced, migrants, nomadic peoples, indigenous nations, and "second class" citizens in the United States. It challenges the binary between citizen and noncitizen, arguing that rights are routinely violated in the space between the two. By recognizing these realities, we uncover limitations built into our current international system--but also begin to envision a path toward the realization of human rights norms founded on universality and inalienability. The ideal of functioning citizenship acknowledges the persistent power of the state, yet it does not rely solely on traditional conceptions of citizenship that have proven too flawed and limited for securing true rights protection.
Author: Anna Arstein-Kerslake
Publisher: Springer Nature
ISBN: 3030634930
Category : Law
Languages : en
Pages : 165
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Book Description
This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.
Author: Visa A.J. Kurki
Publisher: Springer
ISBN: 3319534629
Category : Law
Languages : en
Pages : 159
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Book Description
This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.
Author: Lilis Mulyani
Publisher: Taylor & Francis
ISBN: 1000642402
Category : Social Science
Languages : en
Pages : 158
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Book Description
This book explores the ambiguous legal status of traditional–adat–communities in Indonesia and their informal, traditional rights to communal–ulayat–land. It discusses the lack of recognition of adat communities and their legal rights in the Indonesian constitution, surveys legal consideration of informal legal rights both in Indonesia and elsewhere, and examines how thinking about these issues has evolved over time in Indonesia. It provides an in-depth study of the ways that government policies on adat communities are developed, changed and implemented, and how different actors give meaning to these policies, particularly government bodies with authority to manage land and forests, which exercise discretion as to the operational implementation of ideas about adat groups as legal persons and ulayat land rights as land title, thus enabling their exploitation by government and business. The book highlights how these issues are becoming more pressing as problems relating to legal personhood and rights to traditional customary land are increasingly giving rise to violent conflict, dispossession and marginalisation. It also demonstrates how adat communities can take action, and are doing so, to protect their legal positions.
Author: Eilionóir Flynn
Publisher: Routledge
ISBN: 1351579703
Category : Law
Languages : en
Pages : 290
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Book Description
This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.
Author: Anne Peters
Publisher: Cambridge University Press
ISBN: 1107164303
Category : Law
Languages : en
Pages : 645
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Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author: David C. Thomasma
Publisher: Springer Science & Business Media
ISBN: 9401725721
Category : Philosophy
Languages : en
Pages : 441
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Book Description
PERSONHOOD AND HEALTH CARE This book arose as a result of a pre-conference devoted to the topic held June 28, 1999 in Paris, France. The pre-conference preceded the Annual Congress of the International Academy ofLaw and Mental Health. Other chapters were solicited after the conference in order to more completely explore the relation of personhood to health care. The pre conference was held in honor of Yves Pelicier who led so many of our French colleagues in medicine, philosophy, and ethics as Christian Herve notes in his Tribute. As health care is aimed at healing persons, it is important to realize how difficult it is to construct a theory of personhood for health care, and thus, a theory of how healing in health care comes about or ought to occur. The book is divided into four parts, Concepts of the Person, Theories of Personhood in Relation to Health Care and Bioethics, Person and Identity, and Personhood and Hs Relations. Each section explores a critical arena in constructing the relation of personhood to health care. Although no exploration ofthis nature can be exhaustive, every effort was made to present both conflicting and complementary views of personhood from within similar and different philosophical and religious traditions. PART ONE: CONCEPTS OF THE PERSON Tracing the origins of the concept of person from antiquity through present day, Jean Delemeau provides an historical sketch of the development of a wide range of meanings.
Author: Pranee Liamputtong
Publisher: Springer
ISBN: 9783030895938
Category : Medical
Languages : en
Pages : 2317
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Book Description
The focus of this ambitious reference work is social inclusion in health and social care, with the aim of offering a good understanding of matters that include or exclude people in society. Social inclusion stems from the ideal of an inclusive society where each individual can feel valued, differences between individuals are respected, needs of each person are met, and everyone can live with dignity as “the norm” (Cappo 2015). Community participation and interpersonal connections' dynamics that accommodate access to positive relationships, resources, and institutions can lead to social inclusion (Tua & Barnerjee 2019: 110). Social inclusion can explain why some individuals are situated at the centre of society or at its margins, as well as the consequences of the social layer in society (Allman 2015). Closely related to the concept of social inclusion is social exclusion. Social exclusion refers to “the process of marginalising individuals or groups of a particular society and denying them from full participation in social, economic and political activities” (Tancharoenathien et al. 2018: 3). Social exclusion is marked by unequal access to capabilities, rights, and resources. It is “a multi-dimensional process driven by unequal power relationships across four dimensions – economic, political, social and cultural” (Taket et al. 2014: 3-4). It engages at the individual, household, community, nation, and global levels. Social exclusion renders some individuals or groups to social vulnerability. Thus, these individuals or communities are unable to prevent negative situations that impact their lives. Methodologically, to promote social inclusion and reduce social exclusion, inclusive research methodologies must be embraced. Inclusive research refers to a “range of approaches and methods and these may be referred to in the literature as participatory, emancipatory, partnership and user-led research – even peer research, community research, activist scholarship, decolonizing or indigenous research” (Nind 2014: 1). Terms such as collaborative research and community-based participatory action research (CBPR) have also been referred to as inclusive research methodology. As Nind (2014) suggests, the term inclusive research can be adopted across disciplines and research fields within the paradigm of social inclusion. Hence, research and examples that are classified as inclusive research methods are included in this reference. This reference work covers a wide range of issues pertaining to the social inclusion paradigm. These include the theoretical frameworks that social inclusion can be situated within, research methodologies and ethical consideration, research methods that enhance social inclusion (PAR and inclusive research methods), issues and research that promote social inclusion in different communities/individuals, and programs and interventions that would lead to more social inclusion in society. The aims and scope of the reference are to provide discussions about: social inclusion and social exclusion in different societies; theories that are linked to social inclusion and exclusion; research methodologies that enhance social inclusion; inclusive research methods that promote social inclusion in vulnerable and marginalised groups of people; discussions about issues and research with diverse groups of vulnerable and marginalised individuals and communities; discussions regarding programs and interventions that can lead to more social inclusion in vulnerable and marginalised people. The reference work is divided into seven sections to cover the field of social inclusion comprehensively. Each section is dedicated to a particular perspective relating to social inclusion as covered by the aims and scope above. Handbook of Social Inclusion: Research and Practices in Health and Social Care should be an invaluable resource for professors, students, researchers, and scholars in public health, social sciences, medicine, and health sciences, as well as those at research institutes, government, and industry, on the concepts and theories of social inclusion/exclusion, and the research methodologies and programs/interventions that can enhance social inclusion in different population groups. Examples from the research are included to show the real-life situations that can promote social inclusion in different groups that readers can adopt in their own work and practice.
