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With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law.

The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist.

By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.

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Disability, Public Policy, and Social Change
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The French version of this book was the winner of the 2022 Grand Prix de la Protection Sociale.

Over the years, many disability-related rights have been legally recognized, but how has this changed the everyday lives of people with disabilities?

Drawing on biographical interviews collected from individuals with either mobility or visual impairments in France, this book analyzes the reception of disability policies in the fields of education, employment, social rights and accessibility. It examines to what extent these policies contribute to the realization of the associated rights among disabled people. The book demonstrates that the rights associated with disability suffer from major implementation flaws, while shedding light on the very active role of disabled citizens in the realization of their rights.

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The Best Interests Assessor (BIA) Practice Handbook is firmly grounded in real-life practice and remains the only textbook focusing directly on the BIA role. Offering clear and practical advice on the legal elements of the role, and the values and practice elements of working within the Deprivation of Liberty Safeguards (DoLS) framework, this is essential reading for BIA students and practitioners.

This fully-updated edition takes account of recent legislative changes, including the planned changes from the Liberty Protection Safeguards (LPS), recent case law and the impact of the COVID-19 pandemic on BIA practice.

Packed with advice on delivering effective, person-centred, rights-driven practice, it includes:

  • case studies;

  • legal summaries;

  • decision-making activities;

  • CPD support;

  • examples of new case law in practice.

Looking forward, the book considers the new context for practice in the Approved Mental Capacity Professional (AMCP) role within the LPS and the potential roles that BIAs might fulfil in this new framework in the future.

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From Vulnerability to Ableism
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Outlining the key developments of the Disability Hate Crime policy agenda, Seamus Taylor brings together a unique consideration of the theoretical and practical questions at its heart. This book analyses the contributions of activists, politicians, policy makers and criminal justice system practitioners to policy development, and critiques both the under-recognition of disability prejudice fuelled by ableism and the challenge of vulnerability in addressing disability hostility.

Concluding that a critically reflective approach on the part of policy makers and practitioners can lead to progress, the author gives clear policy recommendations to address current challenges in the Criminal Justice System.

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Human Rights in Practice

Disabled people report high levels of harassment worldwide, often based on intersectional characteristics such as race, gender and age. However, while #MeToo and #BlackLivesMatter have highlighted ongoing experiences of sexual and racial harassment, disability harassment has received little attention.

This book focuses on legal measures to combat disability harassment at work. It sets disability harassment in its international context, including its human rights framework, and confronts the lack of empirical information by evaluating the Irish legal framework in practice.

It explores the capacity of the law to address intersectional harassment, particularly that faced by disabled women, and outlines the barriers to effective legal solutions.

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Perspectives on Rights to Participation
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This much-needed volume fills an overlooked gap in adult safeguarding – the digital arena – in providing a comprehensive overview of policy and practice in supporting vulnerable adults online.

Providing an essential analysis illustrated by recent court rulings and case studies, the authors advocate for the effective support of adults with learning disabilities and/or mental capacity issues in their digital lives without compromising their privacy and participation rights.

The text balances a theoretical exploration of the tensions between participation and protection, legislation, human rights, professional biases and social wrongs. It encourages a critical approach in adopting both a practical and realistic understanding for policy makers, professionals and students in social work, law and adult social care.

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ePDF and ePUB available Open Access under CC-BY-NC licence.

During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’.

Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.

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A Practical Guide

Nearly 20% of the population has a disability. Despite this, mainstream research often does not explicitly address the methodological and practical issues that can act as barriers to disabled people’s participation in social research. In this book, Aidley and Fearon provide a concise, practical introduction to making it easier for everyone to take part in research.

Requiring no prior knowledge about accessible research methods, the book:

• explains how removing barriers to participation will improve the quality of the research;

• covers the research process from design, to collecting data, to dissemination and publication;

• includes checklists and further reading, as well as useful examples and vignettes to illustrate how issues play out in practice.

This book will be invaluable to researchers from a variety of backgrounds looking to increase participation in their research, whether postgraduate students, experienced academic researchers, practitioners or professionals.

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Towards a Critical Perspective
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Establishing a critical and interdisciplinary dialogue, this text engages with the typically disparate fields of social gerontology and disability studies. It investigates the subjective experiences of two groups rarely considered together in research – people ageing with long-standing disability and people first experiencing disability with ageing.

This book challenges assumptions about impairment in later life and the residual nature of the ‘fourth age’. It proposes that the experience of ‘disability’ in older age reaches beyond the bodily context and can involve not only a challenge to a sense of value and meaning in life, but also ongoing efforts in response.

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Strategies for Inclusion in Higher Education
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Demands for excellence and efficiency have created an ableist culture in academia. What impact do these expectations have on disabled, chronically ill and neurodivergent colleagues?

This important and eye-opening collection explores ableism in academia from the viewpoint of academics' personal and professional experiences and scholarship. Through the theoretical lenses of autobiography, autoethnography, embodiment, body work and emotional labour, contributors from the UK, Canada and the US present insightful, critical, analytical and rigorous explorations of being ‘othered’ in academia.

Deeply embedded in personal experiences, this perceptive book provides examples for universities to develop inclusive practices, accessible working and learning conditions and a less ableist environment.

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