Call for Papers - Equal Recognition before the law (Art. 12 UN-CRPD) – challenges and promising approaches to realize legal capacity for all at the “global peripheries of law”
2021-3 CALL FOR PAPERS
Article 12 of the Convention on the Rights of Persons with Disabilities recognizes that people with disabilities have legal capacity on an equal basis with others. Even if persons need assistance, they do not lose their right to decide, to vote, to sign contracts or to choose between different options of medical treatment, but are entitled to support, e.g. by a trusted person or by a support network. The convention calls for a paradigm shift from substituted to supported decision-making and a respective reorganization of disability and mental health systems. To this day people with disabilities are denied legal capacity based on guardianship and mental health legislature, as well as discriminating social practices. People with disabilities in the global south often face even higher barriers to exercising their right to decide linked to poverty, social disadvantages and intersectional discrimination. Vera Chouinard (2018) conceptualized “global peripheries of law as places in the world where it is particularly difficult to realize human rights in practice” because of living in “disadvantaged places in law and society”.  However, disability rights and mental health activists and experts in the global south play a significant role in the development of innovative approaches promoting legal capacity and supported decision-making.
The aim of the issue 2021-3 of the Journal “Disability and International Development” is to explore legal frameworks and lived experiences of people with disabilities regarding the enjoyment of their full legal capacity. We want to provide a platform for innovative legislation, jurisdiction and supported decision-making models, especially those originating in the global south.
We invite researchers and experts from scientific and practical backgrounds to contribute to one of the following topics:
- scientific studies on the enjoyment of an equal recognition before the law experienced by persons with disabilities,
- reports on policy papers, action plans and political activities to ensure the full legal capacity for all,
- reports on laws and policies which promote supported decision-making and respect the legal capacity of persons with disabilities
- models, programmes, concepts and practices of supported decision-making in different areas (e.g. health, finances, independent living)
Before you send us your suggestion, please read the “Information for Authors” first and then contact the coordinating editors for this issue via e-mail:
Prof. Dr. Sabine Schäper (email@example.com)
Jana Offergeld (firstname.lastname@example.org)
Deadline for submission of papers: October 1, 2021