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Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments. This collection brings together academics, practitioners and organizations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.
Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments. This collection brings together academics, practitioners and organizations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.
This multi-disciplinary and inclusive collection brings together theoretically informed and empirically focused research on sex, intimacy and reproduction in relation to young people and adults with life-shortening conditions. Advances in healthcare mean that increasing numbers of young people with life-shortening conditions are transitioning into adulthood. Issues such as sex and intimacy, dating and relationships, fertility and having children are increasingly relevant to them and to the people that support them, including families, carers, practitioners and professional education, health and social care agencies. This three-part book explores the relevance and significance of this field, examines everyday experiences, and highlights the challenges faced by individuals and organisations in addressing the needs of such people in daily life and in the context of practice. Drawing on perspectives from sociology, disability studies, epidemiology, health policy, psychotherapy, legal studies, queer studies and nursing, this ground-breaking volume is written by academics, policy makers, practitioners and experts by experience. It is an essential read for all those practising and researching in the fields of sexuality, chronic illness and disability and transition.
Revisiting the doctrine of implied consent in Canadian sexual assault law.
The Law Society and British Medical Association have produced a new edition of their practical guidelines on the assessment of mental capacity for all professionals working with people who lack, or who may lack, capacity to make decisions.
In an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.
This book explores the series of issues that emerge at the intersection of disability, care and family law. Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respond to children who care for disabled parents – and the care of older family members with disabilities. It also considers the challenges posed by the UN Convention on the Rights of Persons with Disabilities, particularly around the different institutional and state responsibilities captured in the Convention, and around decision-making for both disabled adults and children. This interdisciplinary collection – with contributors from law, criminology, sociology and social policy as well as from policy and activist backgrounds – will appeal to academic family lawyers and disability scholars as well as students interested in issues around family law, disability and care.
This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
An important discussion of philosophical issues surrounding consent to sexual relations.