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Does the Mental Capacity Bill Enhance or Explode Personal Autonomy? |
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Chief Executive of the Law Society, Janet Paraskeva argues contra Dr Jacqueline Laing, Senior Lecturer in Law, London Metropolitan University, "Disabled Need Our Protection" (2004) 101 Law Soc. Gaz. 12 that the Mental Capacity Bill 2004 does not invite abuse and homicide but empowers people to take "individual decisions in the event of future incapacity."
Janet Paraskeva "Clarifying Capacity" (2004) 101 Law Society Gazette 48.
In her response to the Chief Executive of the Law Society Dr. Jacqueline Laing refers to the 23rd Report of the Joint Committee on Human Rights to a catalogue of human rights incompatibilities introduced by the Bill. She refers to HL v UK; the Bournewood Judgement, the European Convention on Human Rights, the Human Rights and Biomedicine Convention and the First Declaration of Helsinki in responding to Paraskeva. She argues that substitited consent does not enhance personal autonomy but erodes it.
Jacqueline Laing "The Right to Live" (2005 102 Law Society Gazette 11
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