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Private Client Law

17 MAR 2015

The Academy of European Law’s conference on the rights of persons with disabilities (£)

The Academy of European Law’s conference on the rights of persons with disabilities (£)
Denzil Lush, Senior Judge of the Court of Protection

The Academy of European Law, or Europäische Rechtsakademie (‘ERA’), in Trier, Germany, holds an annual conference on the rights of persons with disabilities. The last conference took place on 11 and 12 December 2014 and focused on legal capacity; the emphasis being on the General Comment on Art 12 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which was published on 11 April 2014.

I was invited to take part in a question-and-answer session, in which Dr Karine Caunes, the conference director at the ERA, asked me various questions about the extent to which the UNCRPD has permeated our law, practice and procedure relating to mental capacity. I have edited my verbal responses to include some written material that I had submitted to the ERA beforehand.

This article does not consider the broader way in which the expectations of the UNCRPD are being realised in the United Kingdom. These can be found in the regular updates on the government’s disability strategy, Fulfilling Potential – Making it Happen, published by the Office for Disability Issues on behalf of the Department for Work and Pensions.
The full version of this article appears in issue 1 of 2015 of Elder Law Journal.

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