Book review: Implementing the Right to Decide Under the Convention on the Rights of Persons With Disabilities: Supporting the Legal Capacity of All Persons With Disabilities Implementing the Right to Decide Under the Convention on the Rights of Persons With Disabilities: Supporting the Legal Capacity of All Persons With Disabilities, Fiala-ButoraJános (Oxford, Hart Publishing, 2025), 144 pp., £90.00. ISBN 9781509980321.
Abstract
This monograph explores what János Fiala-Butora identifies as 'one of the most controversial questions in contemporary human rights law' 1 namely how all disabled people, specifically including those with higher support needs, can make legally significant decisions.The volume critically explores the significant challenges facing domestic governments and the international disability rights community in ensuring effective implementation of the 'right to decide' protected in international human rights law by Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. 2 The author examines the potential implementation of legal capacity law reform as a strategy for change.Adopting a novel and relatively abstract doctrinal-style analysis of the legal issues, the author develops a 'Modified Support Framework', designed to address the supported decision-making needs of all disabled people.In 2008, the UN Convention on the Rights of Persons with Disabilities (CRPD) entered into force.Article 12 of the CRPD, the right to equal recognition before the law, has since become perhaps the most discussed provision in modern international human rights law. 3 Credited with ushering in a 'paradigm shift' towards recognising the equal personhood and full legal capacity of all disabled people, 4 Art.12 obliges states to provide access to the support which disabled people require in order to exercise their legal capacity on an equal basis with others.Despite its transformative intention, Art.12 remains the subject of conflicting (and sometimes entrenched) views, regarding how best to implement it within domestic legal systems.Indeed, some fear that 'the more 1424927M LI0010.
Fields of Study & Subjects
Disability Rights and Representation
Healthcare Decision-Making and Restraints
Legal Rights and Human Rights
Publication details
- Journal / source
- Medical Law International
- Volume
- 26
- Issue
- 3
- Pages
- 263–268
- Publication date
- 3 March 2026
- Language
- EN