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Advances in Elder Abuse ResearchPerson Centred Approaches in Capacity Legislation

Advances in Elder Abuse Research: Person Centred Approaches in Capacity Legislation [A major issue within safeguarding is upholding an individual’s rights particularly related to free choice and making decisions autonomously. In this chapter, the concept of person centredness is presented and its relationship and impact on capacity legislation. Person centredness has emerged in the discursive space of health but its core principles are intrinsically linked to the wider concepts of rights, autonomy and self-determination. Where there are decision-making challenges, many states have progressed legislative protection to preserve and facilitate an individual’s will, preference, values and beliefs. This represents a more integrated and cross sectional approach to person centred principles and concurs with a rights based approach. Rights may be viewed as encompassing both human rights, as detailed in the United Nations Declaration on Human Rights (UN 1948) and the United Nations Convention on the Rights of Persons with Disabilities (UN 2006) and citizenship rights which prescribe the state-citizen relationship (Phelan 2012). Both human rights and citizen rights are generally reflected in legislation representing a state’s explicit expectations in terms of responsibilities, entitlements and duties both towards citizens and expected of citizens. Accordingly, current understandings of decision-making capacity are examined together with recent legal commentaries in the Ireland and the United Kingdom reflecting a person centred approach.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Advances in Elder Abuse ResearchPerson Centred Approaches in Capacity Legislation

Part of the International Perspectives on Aging Book Series (volume 24)
Editors: Phelan, Amanda
Phelan, Amanda; Rickard-Clarke, Patricia
Advances in Elder Abuse Research — Jan 2, 2020
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References (32)

Publisher
Springer International Publishing
Copyright
© Springer Nature Switzerland AG 2020
ISBN
978-3-030-25092-8
Pages
23 –37
DOI
10.1007/978-3-030-25093-5_3
Publisher site
See Chapter on Publisher Site

Abstract

[A major issue within safeguarding is upholding an individual’s rights particularly related to free choice and making decisions autonomously. In this chapter, the concept of person centredness is presented and its relationship and impact on capacity legislation. Person centredness has emerged in the discursive space of health but its core principles are intrinsically linked to the wider concepts of rights, autonomy and self-determination. Where there are decision-making challenges, many states have progressed legislative protection to preserve and facilitate an individual’s will, preference, values and beliefs. This represents a more integrated and cross sectional approach to person centred principles and concurs with a rights based approach. Rights may be viewed as encompassing both human rights, as detailed in the United Nations Declaration on Human Rights (UN 1948) and the United Nations Convention on the Rights of Persons with Disabilities (UN 2006) and citizenship rights which prescribe the state-citizen relationship (Phelan 2012). Both human rights and citizen rights are generally reflected in legislation representing a state’s explicit expectations in terms of responsibilities, entitlements and duties both towards citizens and expected of citizens. Accordingly, current understandings of decision-making capacity are examined together with recent legal commentaries in the Ireland and the United Kingdom reflecting a person centred approach.]

Published: Jan 2, 2020

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