Comparing the Decision-making Rights of Adults with Declining Cognitive Abilities with Those of Children
Both adults with declining cognitive abilities (DCA) and children may experience limits in their decision-making capacity. Yet whereas this decision-making capacity increases for children as they age and mature, it gradually decreases in the case of adults with DCA. The Convention on the Rights of t...
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| Format: | Article |
| Language: | English |
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Utrecht University School of Law
2024-10-01
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| Series: | Utrecht Law Review |
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| Online Access: | https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/951 |
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| author | Charlotte Mol Fiore Schuthof |
| author_facet | Charlotte Mol Fiore Schuthof |
| author_sort | Charlotte Mol |
| collection | DOAJ |
| description | Both adults with declining cognitive abilities (DCA) and children may experience limits in their decision-making capacity. Yet whereas this decision-making capacity increases for children as they age and mature, it gradually decreases in the case of adults with DCA. The Convention on the Rights of the Child (CRC) and the Convention on the Rights of Persons with Disabilities (CRPD) contain several decision-making rights and principles that are relevant for these groups. This article compares these decision-making rights and principles by addressing four key aspects in decision-making: the decision-maker, the types of decisions, the right to participation versus the right to support in the exercise of legal capacity, and the best interests principle. Through the comparison and the visualisation of a conceptual model, insights and lessons for both children and adults with DCA are sought. |
| format | Article |
| id | doaj-art-04dea812f14d4b1a9af9e2053b7ee99a |
| institution | Kabale University |
| issn | 1871-515X |
| language | English |
| publishDate | 2024-10-01 |
| publisher | Utrecht University School of Law |
| record_format | Article |
| series | Utrecht Law Review |
| spelling | doaj-art-04dea812f14d4b1a9af9e2053b7ee99a2024-11-18T07:45:18ZengUtrecht University School of LawUtrecht Law Review1871-515X2024-10-0120224–3924–3910.36633/ulr.951939Comparing the Decision-making Rights of Adults with Declining Cognitive Abilities with Those of ChildrenCharlotte Mol0https://orcid.org/0000-0001-9078-1856Fiore Schuthof1https://orcid.org/0009-0006-3254-9446Assistant Professor, Utrecht Centre for European Research into Family Law (UCERF), Utrecht UniversityPhD Candidate, Utrecht Centre for European Research into Family Law (UCERF), Utrecht UniversityBoth adults with declining cognitive abilities (DCA) and children may experience limits in their decision-making capacity. Yet whereas this decision-making capacity increases for children as they age and mature, it gradually decreases in the case of adults with DCA. The Convention on the Rights of the Child (CRC) and the Convention on the Rights of Persons with Disabilities (CRPD) contain several decision-making rights and principles that are relevant for these groups. This article compares these decision-making rights and principles by addressing four key aspects in decision-making: the decision-maker, the types of decisions, the right to participation versus the right to support in the exercise of legal capacity, and the best interests principle. Through the comparison and the visualisation of a conceptual model, insights and lessons for both children and adults with DCA are sought.https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/951convention on the rights of the childconvention on the rights of persons with disabilitiesdecision-making capacitylegal capacityadults with declining cognitive abilitiesbest interests principle |
| spellingShingle | Charlotte Mol Fiore Schuthof Comparing the Decision-making Rights of Adults with Declining Cognitive Abilities with Those of Children Utrecht Law Review convention on the rights of the child convention on the rights of persons with disabilities decision-making capacity legal capacity adults with declining cognitive abilities best interests principle |
| title | Comparing the Decision-making Rights of Adults with Declining Cognitive Abilities with Those of Children |
| title_full | Comparing the Decision-making Rights of Adults with Declining Cognitive Abilities with Those of Children |
| title_fullStr | Comparing the Decision-making Rights of Adults with Declining Cognitive Abilities with Those of Children |
| title_full_unstemmed | Comparing the Decision-making Rights of Adults with Declining Cognitive Abilities with Those of Children |
| title_short | Comparing the Decision-making Rights of Adults with Declining Cognitive Abilities with Those of Children |
| title_sort | comparing the decision making rights of adults with declining cognitive abilities with those of children |
| topic | convention on the rights of the child convention on the rights of persons with disabilities decision-making capacity legal capacity adults with declining cognitive abilities best interests principle |
| url | https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/951 |
| work_keys_str_mv | AT charlottemol comparingthedecisionmakingrightsofadultswithdecliningcognitiveabilitieswiththoseofchildren AT fioreschuthof comparingthedecisionmakingrightsofadultswithdecliningcognitiveabilitieswiththoseofchildren |