Legal capacity & gender : realising the human right to legal personhood and agency of women, disabled women, and gender minorities

목차 (Table of Contents)

• CONTENTS
• 1 Right to Legal Capacity : Debates and Legal Argument = 1
• 1.1 Introduction = 1
• 1.1.1 Women, Disabled Women, and Gender Minorities as Minority Groups = 1
• 1.1.2 Social Model and the Term `Disabled Women' = 2
• 1.1.3 Neo-liberal Capitalism, Individual Rights, and the Importance of Legal Capacity = 4
• 1.1.4 Right to Legal Capacity of Women, Disabled Women, and Gender Minorities = 4
• 1.1.5 Focus on `Global North' = 6
• 1.1.6 Overview of Chap. 1 = 6
• 1.2 History of the Right : UDHR to CRPD = 7
• 1.3 Debates in the Drafting of Article 12 CRPD = 10
• 1.4 General Comment No. 1 : UN CRPD Committee's Interpretation of Legal Capacity = 13
• 1.4.1 Solidification of Legal Capacity as Including Personhood and Agency = 14
• 1.4.2 Legal Capacity Should Not Be Denied on the Basis of Mental Capacity = 14
• 1.4.3 Definition of Substituted Decision-Making = 15
• 1.4.4 Elements of Support for the Exercise of Legal Capacity = 15
• 1.5 Resistance to Article 12 CRPD = 19
• 1.6 Argument for Legal Capacity on an Equal Basis for All = 22
• 1.7 Conclusion = 23
• References = 25
• 2 Personhood : Perspectives from Critical Feminist, Disability and Queer Studies = 29
• 2.1 Introduction = 29
• 2.2 Moral and Legal Personhood = 30
• 2.3 Personhood and Critical Social Theory = 33
• 2.3.1 Critical Feminist Theory and Personhood = 37
• 2.3.2 Critical Disability Theory and Personhood = 48
• 2.3.3 Critical Queer Theory and Personhood = 54
• 2.3.4 Conclusion on Personhood and Critical Feminist, Disability, and Queer Theory = 59
• 2.4 Power and Privilege : Importance of Legal Personhood = 59
• 2.5 Conclusion = 61
• References = 61
• 3 Gender, Disability and Decision-Making : Historical Discrimination = 67
• 3.1 Introduction = 67
• 3.2 Women and Decision-Making : Myth of Hysteria = 68
• 3.3 Disability and Decision-Making : Myth of Incapacity = 72
• 3.4 Gender Minorities and Decision-Making : Myth of Illness = 75
• 3.5 Conclusion = 79
• References = 80
• 4 Gendered Denials : Law, Policy and Practice = 83
• 4.1 Introduction = 83
• 4.2 Historical Denials = 84
• 4.2.1 Women: Voting, Contracting and Marriage = 84
• 4.2.2 Disabled Women : Institutionalisation, Eugenics, and Reproductive Choice = 87
• 4.2.3 Gender Minorities : Forced Treatment and Criminalisation = 91
• 4.3 Modem Denials = 95
• 4.3.1 Women : Immigration, Inheritance, Contracting, Reproductive Choice, and Consent to Sex = 95
• 4.3.2 Disabled Women : Guardianship, Forced Sterilisation and Consent to Sex = 99
• 4.3.3 Gender Minorities : Gender Recognition, Marriage, and Reproductive Choice = 105
• 4.4 Conclusion = 107
• References = 108
• 5 Vulnerability Created by Legal Capacity Denials = 117
• 5.1 Introduction = 117
• 5.2 Vulnerability = 117
• 5.3 Vulnerability as a Social Construct = 119
• 5.4 Creating Vulnerability : Gender, Legal Capacity Barriers, Autonomy, and Vulnerability = 122
• 5.4.1 Creating Vulnerability by Denying Reproductive and Sexual Choice of Women, Disabled Women, and Gender Minorities = 122
• 5.4.2 Creating Vulnerability in Women, Disabled Women, and Gender Minorities Under Guardianship with Limited Decision-Making Control Over Their Own Lives = 126
• 5.4.3 Creating Vulnerability Through Forced Psychiatric Treatment of Women, Disabled Women, and Gender Minorities = 127
• 5.4.4 Creating Vulnerability in Gender Minorities Through the Exclusionary Effect of Gender Binary Requirements = 128
• 5.5 Conclusion = 129
• References = 130
• 6 Creating Change : Examples of Modern Reform and Recommendations = 135
• 6.1 Introduction = 135
• 6.2 Case Studies : Examples to Learn From = 135
• 6.2.1 Peru : Guardianship Abolished = 136
• 6.2.2 Ireland : Capacity to Consent to Sex = 138
• 6.2.3 Malta : Gender Recognition = 146
• 6.3 Conclusion = 149
• 6.4 Reform Recommendations = 149
• References = 151