Vers un droit à l’autonomie des personnes vivant avec la maladie d’Alzheimer ?

Kang-Riou, Nicolas and Baudoin, Marie-Elisabeth (2017) Vers un droit à l’autonomie des personnes vivant avec la maladie d’Alzheimer ? Gérontologie et société, 39 . pp. 45-59. ISSN 0151-0193

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Abstract

One of the key challenges of the twenty-first century is to protect the autonomy of an ageing population, with a growing proportion living with cognitive impairments. However, this is an arduous task faced with significant obstacles. The first one is to agree on what autonomy means, in a context in which international treaties such as the European Convention on Human Rights or the UN Convention on the Rights of Persons with Disabilities take different approaches. For the European Court of Human Rights, it is not necessary to choose between autonomy and protection of the person against themselves; on the contrary, for the Committee on the Rights of Persons with Disabilities, the priority has to be the maximum preservation of autonomous decision-making even to the point of overlooking the necessary protection. The second hurdle follows: how to conform to these international human rights norms which diverge in their understanding of the relationship of the individual and the community? Thus, this is not an easy task for states, like the UK, which have adopted recent legislation intended to increase the role of the will and preferences of individuals at every stage of their lives, whilst maintaining a minimum level of protection. In England, the key instrument is the Mental Capacity Act 2005, which is meant to be “dementia-friendly”, but still faces many implementation issues.

Keywords:international human rights law, dementia, France
Subjects:M Law > M140 Comparative Law
Divisions:College of Social Science > Lincoln Law School
ID Code:42535
Deposited On:30 Nov 2020 16:32

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