Best interests, benefit, will and preference: The influence of international human rights and external actors on decision-making frameworks in the United Kingdom and Ireland

Research output: Contribution to journalArticle (Academic Journal)peer-review

1 Citation (Scopus)

Abstract

This article examines the development of the law relating to decision-making on behalf of adults that lack capacity in Scotland, Ireland and Northern Ireland. Using two points of tension evident in the recent Northern Irish legislative consultation process, namely the suitability of the ‘best interests’ standard and international debate regarding domestic compliance with the United Nations Convention on the Rights of Persons with Disabilities (United Nations, 2006) this contribution exposes the impact of international human rights and influence of external actors, principally advocacy groups and their individual members, on the resulting legislation. Given the recency of the Irish and Northern Irish legislation and the current law reform review in Scotland, the article concludes by highlighting points of tension that may emerge between domestic standards for decision-making and the CRPD.
Original languageEnglish
Article number101841
JournalInternational Journal of Law and Psychiatry
Volume85
DOIs
Publication statusPublished - 6 Nov 2022

Structured keywords

  • BABEL

Keywords

  • Substitute decision-making; Legislative process; Best interests; CRPD; Advocacy groups; Will and preferences

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