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Introducing a “New” Human Right: Learning from Others, Bringing Legal Capacity Home (2018)

Kristin Booth Glen

The article considers how the human right of legal capacity, specifically for persons with disabilities, can be incorporated into legal discourse and practice in the United States. Drawing on  efforts in Canada, Europe, Africa, and Australia it looks at the ways in which legal capacity and the corresponding practice of supported decision-making (SDM) have been introduced and promoted through legislative reform and pilot projects, concluding with some observations about what it will take to bring this critical human right “home.”

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